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HomeMy WebLinkAbout FULL PACKET_2014-05-06MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 15, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern (5:16 P.M.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA (5:10 P.M.) VINCENT F. SARMIENTO (5:16 P.M.) COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:09 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: CITY COUNCIL MINUTES 1 0A -1 APRIL 15, 2014 • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Peebler vs. State of California Superior Court Case No. 34- 2012- 80001172; Court of Appeal Case No. C073698 • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013- 80001477 City of Santa Ana v. Marie G. Hinoiosa (HERNANDEZ) Orange County Superior Court Case No. 30- 2013 - 00640495 Alexander Perez Alvarado, et al. v. City of Santa Ana USDC Case No. SACV12 -00328 JGB (ANx) 2. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Claim of AT &T Claim No. 2014 -019 3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) and CONFERENCE WITH LABOR NEGOTIATOR, David Cavazos pursuant to Government Code Section 54958.6 (a) regarding the salary and compensation of: Title: Police Chief CLOSED SESSION REPORT — See Item 19A. for reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:03 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 APRIL 15, 2014 1 0A -2 CALLED TO ORDER REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:05 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO RUBEN ESPONDA, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Derek Bordeaux for his upcoming documentary "Santa Ana: Beyond the Winds ". CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the Santiago Little League for investing in Santa Ana's youth. CLOSED SESSION REPORT- City Attorney Carvalho reported that City Council approved the matters listed on the Consent Calendar under Agenda Item 19A. CITY COUNCIL MINUTES 3 APRIL 15, 2014 1 0A -3 PUBLIC COMMENT • Steve Rocco, opined that cost for public speaking is losing election and other damages. • Madeleine Spencer, attended Respect and Dignity Forum yesterday and requested clarification of City role in Santa Ana Unified School District police officer's encounter with a minor; procedures that apply to Santa Ana Police Officers. • Apolonio Cortez, member of SACReD, spoke of historic moment for the City in which funds are earmarked for the Strategic Plan; community involvement facilitated approval of Plan. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25G as recommended by staff with the following modifications: • Councilmember Sarmiento pulled Agenda Item 25A for separate discussion; and • Councilmember Martinez pulled Agenda Items 20B, 23A and 25E for separate discussion. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Reyna Amezcua, Benavides Sarmiento, Tinajero (7) None (0) None (0) None (0) Martinez, Pulido, Reyna, Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF APRIL 1, 2014 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 4 1 0A -4 APRIL 15, 2014 BOARDS / COMMISSIONS / COMMITTEES 13A. APPOINTMENT - MARK McLOUGHLIN TO THE HISTORIC RESOURCES COMMISSION RECOMMENDED BY MAYOR PRO TEM TINAJERO AS THE WARD 6 REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 9, 2014 — Clerk of the Council Office MOTION: Appoint Mark McLoughlin, Ward 3 Resident, to the Historic Resources Commission. 13B. BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT - OCTOBER 2013 THROUGH MARCH 2014 — Clerk of the Council Office MOTION: Receive and file. 13C. COUNCIL COMMITTEE REPORTS — City Manager's Office MOTION: Receive and file Minutes of Legislative Council Committee Meetings held September 9, 2013 and December 17, 2013 FINAL TRACT MAP NOTIFICATIONS 17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER - FINAL TRACT MAP NO. 17323 (5301 WEST SILVER DRIVE) — Public Works Agency MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreements: 1. AGMT NO. 2014 -090 AND 2014 -091 - CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: City of Santa Ana v. Marie G. Hinoiosa (HERNANDEZ)- Orange County Superior Court Case No. 30- 2013 - 00640495 - Settlement in the amount of $1,115,000 for the Hernandez family interest for the real property and settlement of $312,620 to be paid to the business owner of 7 Days Tire Center $295,000 for a total loss of business goodwill plus $17,620 for the value of improvements. CITY COUNCIL MINUTES 5 APRIL 15, 2014 1 0A -5 2. AGMT NO. 2014 -092 - LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Claim of AT &T Claim No. 2014- 019 - Settlement in the amount of $6,423.85 Approved by a 5 -0 vote (Councilmembers Tinajero and Sarmiento absent during discussion and approval of matter in Closed Session) 19B. EXCUSED ABSENCES — None 19C. QUARTERLY REPORT OF CONTRACTS UNDER $25,000 ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER SECTION 421 (JANAURY 1, 2014 TO MARCH 31, 2014) — Finance and Management Services Agency MOTION: Receive and file. 19D. ACCEPT CERTIFICATE OF VERIFICATION AND INSUFFICIENCY - VOTER INITIATIVE MEASURE: AUTHORIZING REGULATED OPERATION OF MEDICAL MARIJUANA FACILITIES — Clerk of the Council Office MOTION: 1. Accept the Certificate of Verification and Insufficiency issued by the County of Orange Registrar of Voters regarding the Medical Marijuana Control Act Initiative. 2. Approve reimbursement to the County of Orange, Registrar of Voters Office in the amount of $1,700 for verifying signatures on the petition. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. AGREEMENT AMENDMENTS AND APPROPRIATION ADJUSTMENT - PROMOTE CARNIVALS AT CITY OWNED PARKS — Parks, Recreation and Community Services Agency MOTION: CITY COUNCIL MINUTES 6 APRIL 15, 2014 1 0A -6 1. AGMT NO. 2014 -093 - Authorize the City Manager and Clerk of the Council to execute an agreement amendment with Robert Acosta & Associates to remove the Delhi Park and Rosita Park Carnivals for $4,500 each, subject to non - substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2014 -094 - Authorize the City Manager and Clerk of the Council to execute an agreement amendment with Fiesta de Carnival to include the Rosita Park Carnival for $4,500, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO, 2014 -081 - Reducing the projected carnival revenue in the amount of $4,500 in the Recreation Special Fees and Donations revenue account and reducing the appropriation to the Recreation Special Fees and Donations expenditure account by the same amount. MOTION: 1. AGMT NO. 2014 -095 - Authorize the City Manager and the Clerk of the Council to execute an agreement with United Storm Water, Inc., subject to non - substantive changes by the City Manager and City Attorney, for the procurement and installation of catch basin screens, in an amount not to exceed $232,000, for the term expiring December 31, 2014, which may be extended in writing by the City Manager and the City Attorney to meet a revised installation schedule. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO, 2014 -088 - Receive $200,000 in Measure M2 funding into the Measure M2 Competitive- Street Construction revenue account and appropriate the same amount to the Measure M2 Competitive- Street Construction expenditure account for construction of the Arterial Catch Basin CPS Installation Project. CITY COUNCIL MINUTES 7 APRIL 15, 2014 1 0A -7 3. Approve an amendment to the Fiscal Year 2013/14 Capital Improvement Program to add the Arterial Catch Basin CPS Installation Project. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES ;M' 22B. SPEC. NO. 14 -005 - OFFSET PRINTING SERVICES — Finance and Management Services Agency MOTION: 1. Amend the contract with Anytime Printing for offset printing services by $8,000 for a total amount not to exceed $33,000. 2. Award a contract to Mekong Printing, dba MK Printing, for offset printing services for a three -year period in an annual amount of $80,000, with provisions for two one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. SPEC NO. 12 -015 - CONTRACT RENEWAL FOR WATER SYSTEM PUMPS AND MOTORS — Finance and Management Services Agency MOTION: Renew the contracts for variable frequency drives and motor control center upgrades in an aggregate amount of $500,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor: Carter Industrial Automation, Inc. Academy Electric, Inc. Hydro Industrial Electric Corp. Location: Los Alamitos Orange Redlands CITY COUNCIL MINUTES 8 APRIL 15, 2014 1 0A -8 PROJECTS 23A. CONTINGENCY INCREASE FOR BROADWAY YREHABILITATION AND WATER MAIN " IMPROVEMENTS FROM CIVIC CENTER DRIVE TO SANTA CLARA AVENUE (PROJECTS 116743 & 116415) = Public Works, Agency MOTION: 1. Increase the contract contingency for the Broadway Rehabilitation and Water Main Improvements Project by $650,000, which increases the Christensen Brothers General Engineering, Inc., construction contract to a maximum of $5,383,144.65. 2. Authorize the City Manager to execute change orders in an amount not to exceed the total authorized contract. MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) AGREEMENTS 25A. NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MOTION: Authorize the City Manager and the Clerk of the Council to execute consultant agreement with Keyser Marston Associates to allow a one year contract, with two one year renewal options, for a potential total of three years in an amount not to exceed $35,000 for Housing Opportunity Ordinance program analysis and management services, subject to non - substantive changes approved by the Executive Director and City Attorney. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 9 APRIL 15, 2014 1 0A -9 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25B. AGMT NO. 2014 -097 - POLICE FACILITY FIRE SYSTEM MAINTENANCE AND CITY -WIDE HVAC SYSTEM REPAIRS — Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Siemens Industry, Inc. to provide Police facility fire system maintenance and City -wide HVAC system repairs for a one -year period in an amount not to exceed $62,610 subject to non - substantive changes approved by the City Manager and City Attorney. 25C. AGMT NO. 2014 -098 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM — Community Development Agency Community Redevelopment and Housing Commission approved recommended action at its regular meeting on April 2, 2014, by a vote of 6 -0. MOTION; Authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with the County of Orange Health Care Agency in an amount of $50,000 for a total amount of $877,051 to provide services to HIV /AIDS- affected individuals in the County of Orange. 25D. AGMT NO. 2014 -099 - FINANCIAL SYSTEM MAINTENANCE, SERVICES, AND SOFTWARE — Finance and Management Services Agency MOTION: Authorize renewal of Agreement No. A- 2008 -037 with Infor (US) Inc., formerly Lawson Software Americas, Inc. for maintenance, service, and software for the Lawson financial system in an amount not to exceed $200,000 annually for a three year period, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 10 APRIL 15, 2014 1 0A -10 25E. AGMT NOS. 2014 -100 AND 2014 -101 - AS- NEEDED CONSTRUCTION SURVEYING SERVICES — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with Joseph C. Truxaw, Inc., and Coast Surveying, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, to provide as- needed construction surveying services, for a 26 -month term expiring June 30, 2016, with the option to extend for two additional one -year terms by written authorization of the City Manager and the City Attorney, for a maximum of four years, in an amount not to exceed $250,000 each. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25F. AGMT NO. 2014 -102 — OFFICE LEASE AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER WITH COUNTY OF ORANGE — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a second amendment to the Lease Agreement with the County of Orange for office space at the Santa Ana Regional Transportation Center, subject to non - substantive changes, approved by the City Manager and City Attorney. 25G. AGMT NOS. 2014 -103 AND 2014 -104 — AGREEMENTS FOR DIRECTV SPONSORSHIP FOR CITY PRODUCED EVENTS - Parks, Recreation and Community Services Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement with DIRECTV dealer MA Advance Services for $9,000 in sponsorship for City produced events, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 11 APRIL 15, 2014 1 0A -11 2. Authorize the City Manager and Clerk of the Council to execute an agreement with DIRECTV dealer Global Satellite for $9,000 in sponsorship for City produced events, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Revenues in the amount of $18,000 will be deposited into the Miscellaneous revenue account (no. 01102002- 57010) for the 2014 Cinco de Mayo and Fiestas Patrias carnivals. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS ORDINANCE 50A. RESOLUTIONS AND RELATED DOCUMENTS REQUIRED TO SUBMIT TO VOTERS AT THE NOVEMBER 4, 2014 MUNICIPAL ELECTION: AN ORDINANCE MODERNIZING THE UTILITY USERS' TAX (UUT) — Finance and Management Services Agency On January 21, 2014, the City Council unanimously voted to direct the City Manager and staff to prepare the required resolutions, documents, and guidelines necessary to proceed with a ballot measure to modernize the Utility Users' Tax (UUT), including, but not limited to, all of the following: a) a resolution giving notice of the City's General Municipal Election to be held in the City of Santa Ana on November 4, 2014 for the submission of questions to the voters relating to changes in the City's UUT; b) a resolution containing the ballot question and related proposed UUT ordinance; c) a resolution authorizing Councilmembers to file written arguments for or against the amendments; d) guidelines for preparation of arguments for or against the proposed amendments; and e) all other documents required to proceed with the UUT modernization. MOTION: 1. Adopt resolutions. CITY COUNCIL MINUTES 12 APRIL 15, 2014 1 0A -12 RESOLUTION NO. 2014 -015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 4, 2014 FOR SUBMISSION TO THE VOTERS OF A BALLOT MEASURE RELATING TO USER UTILITIES TAX AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATE'S GENERAL ELECTION RESOLUTION NO. 2014 -016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE TO BE PLACED ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 FOR SUBMISSION TO THE VOTERS OF A PROPOSED ORDINANCE TO UPDATE AND MODERNIZE THE CITY'S USER UTILITY TAX AS IT RELATES TO TELECOMMUNICATIONS AND REDUCING THE TAX AS IT RELATES TO ALL USER UTILITY TAX CHARGES; AND DIRECTING CITY ATTORNEY TO DRAFT IMPARTIAL ANALYSIS RESOLUTION NO. 2014 -017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CITY COUNCIL MEMBERS TO SUBMIT WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED ORDINANCE TO UPDATE AND MODERNIZE THE CITY'S USER UTILITY TAX WHICH IS TO BE PLACED ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 2. Approve ordinance for voter consideration at the 2014 General Municipal Election. ORDINANCE NO. NS -2860 - AN ORDINANCE OF THE PEOPLE OF SANTA ANA MODERNIZING THE TELECOMMUNICATIONS USERS UTILITY TAX AND REDUCING THE USER UTILITY TAX RATE FOR TELECOMMUNICATIONS, ELECTRICITY, GAS AND WATER FROM 6 %TO5Y2% MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 13 APRIL 15, 2014 1 0A -13 RESOLUTIONS 55A. RESOLUTION - AUTHORIZING GRANT APPLICATIONS FOR MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM — Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF PROJECTS TO ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B. RESOLUTION — URGING THE GOVERNOR TO SIGN ASSEMBLY BILL 2325, WHICH CREATES "COMM U N I-CAL"- A RELIABLE LANGUAGE INTERPRETATION SERVICE FOR LIMITED ENGLISH MEDI -CAL BENEFICIARIES — City Manager's Office MOTION: Adopt a resolution. RESOLUTION NO. 2014 -019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA URGING THE GOVERNOR OF THE STATE OF CALIFORNIA TO SIGN ASSEMBLY BILL 2325, WHICH CREATES "COMMUNI -CAL" - A PROGRAM THAT PROVIDES RELIABLE ACCESS TO LANGUAGE INTERPRETATION FOR MEDI- CAL BENEFICIARIES WHO ARE LIMITED ENGLISH PROFICIENT MOTION: Reyna SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) CITY COUNCIL MINUTES 14 APRIL 15, 2014 1 OA -14 ABSTAIN: None (0) ABSENT: None (0) REPORTS 65A. APPROVAL OF FUNDS FOR THE FIVE -YEAR STRATEGIC PLAN — Finance and Management Services Agency MOTION: Continue consideration of matter to the May 6, 2014 City Council Meeting. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75A. PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2013 -02 TO AMEND PROVISIONS OF CHAPTER 41 RELATING TO SIGN PROGRAMS FOR REGIONAL COMMERCIAL CENTERS AND ATTRACTIONS, CITY OF SANTA ANA — APPLICANT — Planning and Building Agency Planning Commission approved recommended action on February 24, 2014 by a vote of 6 -0 (Gartner absent). The Planning Commission recommended several modifications to the proposed amendments that would remove restrictions on electronic message displays' hours of illumination and that would provide flexibility in determining compatibility of proposed signage with the scale, intensity, and site development characteristics of regional centers. On March 18, 2014, the City Council held a public hearing on Zoning Ordinance Amendment No. 2013 -02. Council members recommended modifying proposed section 41- 885(e)(8) to require electronic message displays maintain a minimum amount of advertising capacity for public service announcements, emergency warnings, and /or notifications as CITY COUNCIL MINUTES 15 APRIL 15, 2014 1 0A -15 requested by the City. Staff also proposed the removal of proposed section 41- 885(e)(1) to delete restrictions on the quantities of electronic message displays and to modify proposed section 41- 885(e)(3)(A) to allow for image transitions. The City Council unanimously recommended continuing the item to allow staff to revise the proposed amendments to reflect these modifications. Legal Notice published in the Orange County Reporter and notices mailed on March 7, 2014 and April 4, 2014. Mayor Pulido opened the Public Hearing. There were no speakers and the Hearing closed. Acting Planning and Building Executive Director indicated that conditions of approval amended. Also, noted that digital reader boards would be considered by the City Council in the next 3 -6 months. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2861 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW REGIONAL PLANNED SIGN PROGRAMS. MOTION: Tinajero SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75B. PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 2014 -2015 — Community Development Agency Legal Notice published in the Orange County Register, Vien Dong Daily, and La Opinion on April 5, 2014. Mayor Pulido opened the Public Hearing. There were no speakers and the Hearing closed. CITY COUNCIL MINUTES 16 APRIL 15, 2014 1 0A -16 Councilmember Martinez, request staff allow non - profits to compete for funds on subsequent allocations; review process; open space has been requested by community. Councilmember Reyna, asked when review process begins; staff indicated that outreach process starts in August or September and 15% of funds could be used for non - profits (approximately $800,000). MOTION; 1. Approve the proposed Fiscal Year 2014 -2015 Community Development Block Grant Program. 2. AGMT NO. 2014 -105 - Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute memorandums of understanding with various city departments and agreements with nonprofit agencies awarded funds as part of the approved program. MOTION: Martinez SECOND; Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. ESTABLISH AN AD HOC COUNCIL COMMITTEE TO REVIEW THE 2006 CHARTER REVIEW COMMITTEE RECOMMENDATIONS AND ANY OTHER ADDITIONAL CHARTER AMENDMENTS (Councilmembers Benavides and Sarmiento) Councilmember Benavides noted that election coming up and City has opportunity to place matters for voter consideration regarding Charter provisions. Noted that a Charter Committee had met and recommended many items with only a few matters placed on the ballot, since then. The following expressed interest in serving on Committee - Councilmembers Martinez, Benavides and Sarmiento. CITY COUNCIL MINUTES 17 APRIL 15, 2014 1 0A -17 COMMENTS 90A. CITY MANAGER'S COMMENTS • Zoo has been re- accredited by the National Association of Zoos and Aquariums; and • Bike to Work event that promoted healthy living will be held on May 7th, starting at Santa Ana Work Center. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Thanked staff for coordinating the Meet and Greet of the Board /Commission members and commended Councilmember Reyna for proposing event; • Encouraged all to attended the Farmer's Market on Thursdays from 2 to 8 p.m.; and • Thanked Carlos Menendez for inviting her to the International Food event at Pentecostal Church. Councilmember Reyna: • Asked all to conserve water; • Meet and Greet event with Board and Commission members well attended; thanked all for service; • Park Santiago held annual Easter event was successful with over 200 families in attendance; • Attended "Relay for Life" hosted at Santa Ana College on April 26th; proposed City team for next year; • Celebration of Children on Myrtle Street held over the weekend was fun and well attended; • Co- Hosting a High School Leadership Conference with Boys and Girls Club on Saturday, April 26th; • Noted that U.S. has over 2,000 zoos, but only 250 are accredited including our very own in the City of Santa Ana; • Wished all a Happy Easter; • Shop in Santa Ana; and • Requested meeting be adjourned in memory of Richard Soria. Councilmember Benavides: • Attended Hispanic Chamber of Commerce event on Saturday, April 12th; • Announced that daughter, Anals will be attending Orange County High School of the Arts next year; proud of her accomplishments; CITY COUNCIL MINUTES 18 APRIL 15, 2014 1 0A -18 • Easter Sunday coming up, reflect on life and hope, and invited to attend one of the many congregations in the Community; • Zoo hosting Easter Egg Hunt on Sunday, April 20th; • April 27th having Jose Vargas Community Affairs Office Grand Opening — invited all to attend; and • Cinco de Mayo having celebration in Downtown Santa Ana from May 2nd through May 4th Councilmember Martinez: • Parks, Recreation and Community Services Agency Director Mouet highlighted performers and lineup scheduled for the Cinco de Mayo celebration; • Noted that May is "Bike -to -Work' month; City hosting events to promote program; • Streetcar Project Locally Preferred Alternative to be discussed at upcoming Development & Transportation Council Committee; • Commented on importance of communication with Council; process changes to be conveyed; accountability; Chair of Council Committees help develop agendas; • Happy Easter and Good Friday to all; and • Request meeting be adjourned in memory of Richard Doty; teacher at Spurgeon Intermediate that made a difference in her life, Councilmember Sarmiento: • Recognized Garden Grove Unified School District board member, Bao Nguyen for bringing Agenda Item 55B, regarding AB2325, to our attention; • Concurred with comments by Councilmember Martinez on Streetcar project and Council Committee process; • 'Relay for Life" event successful; recognition of cancer survivors and celebration of life; thanked American Cancer Society for Honorary Chair designation; support event on annual basis; • Thanked Parks and Recreation Director and staff for Cinco de Mayo event and City Manager for providing resources and support to make it successful event; • Thanked staff for efforts on Strategic Plan; funding item reconsidered at following Council meeting; and • Thanked City Manager for presentation on positive economic forecast; and • Hope all have a Happy Easter. Mayor Pro Tern Tinajero: • Reflected on past six - months- economic turn - around, best Downtown in Orange County; • Wished all a Happy Easter; and • Commented on award winning water; CITY COUNCIL MINUTES 19 APRIL 15, 2014 1 0A -19 Mayor Pulido: • Adjourned meeting in memory of Richard Doty and Richard Soria. ADJOURN IN MEMORY OF RICHARD "RICK" DOTY AND RICHARD SORIA ADJOURNED- 7:22P.M. - The next meeting of the City Council is scheduled for Tuesday, May 6, 2014 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment Harbor Blvd. Mixed -Use Plan Solar Permit Fee Waiver Dangerous and Abandoned Buildings Proactive Rental Enforcement Program Renewal CITY COUNCIL MINUTES 20 APRIL 15, 2014 1 OA -20 REQUEST FOR COUNCIL ACTION 181 tiYioIlPLe31aut_4:1111L`IHb7_Y1 MAY 6, 2014 TITLE: ORDINANCE SECOND READING: ZONING ORDINANCE AMENDMENT NO. 2013 -02 TO AMEND PROVISIONS OF CHAPTER 41 RELATING TO SIGN PROGRAMS FOR REGIONAL COMMERCIAL CENTERS AND ATTRACTIONS, CITY OF SANTA ANA — APPLICANT CITY MAN ER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION 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 On April 15, 2014, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 7 -0: ORDINANCE NO. NS -2861 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW REGIONAL PLANNED SIGN PROGRAMS. FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2861 11 A -1 11 A -2 (ROH 04/08/14) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW REGIONAL PLANNED SIGN PROGRAMS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Municipal Code does not currently contain standards for sign programs for regional commercial centers and attractions citywide. Such sign programs are necessary to ensure that signage proposals for regional centers and attractions can be reviewed in a comprehensive, thorough manner to ensure compatibility with the site and surrounding land uses. B. Regional commercial centers and regional attractions with freeway orientation have site configurations and visibility that make them suitable for comprehensive planned sign programs with provisions that address their unique locations along highly - visible freeway corridors. C. Zoning Ordinance Amendment No. 2013 -02 is to amend Chapter 41, Article XI, Divisions 2 and 3 (Sign Standards and Regulations, Planned Sign Programs), creating a new Section 41 -885, allowing certain commercial centers and attractions to apply for regional planned sign programs and allow unique signage as they relate to height, size, quantity, or scale. The Zoning Code amendment will require the regional planned sign programs to be reviewed by the Planning Commission. D. Zoning Ordinance Amendment No. 2013 -02 supports the General Plan policies of encouraging development of projects which promote the City's image as a regional activity center, of encouraging development and promotion of major centers adjacent to major arterial roadways, transit and freeway corridors, and of protecting the health and safety of residents, employees, and visitors of Santa Ana. E. On February 24, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2013 -02 to create Section 41 -885 of the Santa Ana Municipal Code to create standards of approval for regional planned sign programs, citywide. 11 A -3 F. Zoning Ordinance Amendment No. 2013 -02 came before the City Council of the City of Santa Ana for a duly noticed public hearing on March 18, 2014, to consider all testimony, written and oral. At that time, the City Council voted to continue the matter. The item returned to the City Council on April 15, 2014. G. The City Council adopts as findings all facts presented in the Request for Council Action dated March 18, 2014 and the Request for Council Action dated April 15, 2014 accompanying this matter. For these reasons, and each of them, Zoning Ordinance Amendment No. 2013 -02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. The Request for Council Action for this ordinance dated March 18, 2014, as well as the Request for Council Action dated April 15, 2014, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. I. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41 -860 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -860. General regulations. a) No sign is permitted that: 1. Is dangerous or confusing to motorists on the public right -of -way, including any sign which by its color, wording, design, location or illumination resembles or conflicts with any official traffic - control device or which impedes the safe and efficient flow of traffic. z 11 A -4 2. Is in a condition which presents a danger of injury to the public. 3. Incorporates mechanical movement or in any way gives the illusion of motion, moving parts, rotation or any flashing, moving or intermittent lighting, other than a sign providing a time - and - temperature or similar public service display, except as approved by a Regional Planned Sign Program pursuant to section 41 -885 of this chapter. 4. Is on a vehicle, except as excluded from the scope of this article by section 41 -851 5. Impedes free ingress and egress from any door, window or exitway required by building or fire regulations. 6. Emits sound, smoke, visible particles or odors, except that speakers on drive - through facilities shall be permitted. 7. Is attached to or maintained upon any public utility pole or structure, or tree. b) No person, except a public officer or employee in the performance of a public duty or a private person in giving a legal notice, shall paste, post, paint, nail or tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any property without the written consent of the owner, holder, lessee, agent or trustee thereof. c) All signs, other than temporary signs, and their supporting structures shall: 1. Be constructed of metal, wood, plastic, foam, paint and /or comparable weather - resistant material. 2. Be kept in good repair and maintained in safe, neat, clean and attractive condition. 3. Be so enclosed as to provide against their infestation by birds and vermin, and shall be structurally safe. d) Logos or identification symbols shall be considered signs and shall conform to all provisions of this article. Section 4. Section 41 -861 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -861. Additional regulations. No sign is permitted that: 3 11 A -5 Is an A- frame, sandwich board or other portable, temporary advertising display. Is temporary or special event flags, banners, festoons, flag canopies or other displays, except as permitted by a special event sign permit. Is a sculptured, molded or otherwise fabricated representational object used for the purpose of visually conveying business identification or product advertising, except as approved by a planned sign program. 4. Is an aerial or balloon type of sign, except as approved by a Regional Planned Sign Program pursuant to section 41 -885 of this chapter. 5. Conflicts with standards established by resolution of the city council pertaining to the colors and materials of signs adopted for the purpose of promoting signage which is visually attractive and harmonious with its surroundings. 6. Duplicates or repeats copy on the same sign. 7. Is a graphic of paint or other material on a building for the purpose of amplifying or directing attention to a sign, unless approved by the planning director. Section 5. Section 41 -885 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -885. Regional Planned Sign Program. a) Definitions: 1. Regional Commercial Center — A large commercial complex containing a variety of stores, restaurants and other businesses housed in a series of connected and /or adjacent buildings within an integrated campus that shares common areas and parking facilities, and which fronts onto one or more freeways. Said center must be located on a site of no less than fifteen (15) acres. 2. Regional Automobile Dealership — an automobile dealership licensed by the State of California that sells new or used automobiles or other motor vehicles in conjunction with new automobiles to the general public on an integrated site which fronts onto one or more freeways or is on a site which is located within three hundred (300) feet of the point where a freeway exit centerline intersects with a city street. 11 A -6 3. Regional Attraction — A large cultural or educational establishment such as a museum or zoo, or other establishment that blends education entertainment and /or amusement, and which fronts onto one or more freeways. Said attraction must be located on a site of no less than five (5) acres. b� Eligibility for a Regional Planned Sign Program: 1. The sign program is proposed for a site that is a regional commercial center, regional automobile dealership, or regional attraction. 2. The site does not abut property zoned or used for residential uses. 1 Signage and other on- premise advertising must meet the provisions of the sign code meant to protect the health, safety, and welfare of residents and workers in the immediate vicinity; signaqe shall be limited to only advertising on -site business activities. All signaqe must comply with the provisions of Sections 41 -860 and 41 -861 of this Chapter except as noted within those sections pursuant to approval of a Regional Planned Sign Program described in this section. d) The provisions of this section shall be applied in conjunction with chapter 41, article XI, "On- Premise Signs" of this Code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in chapter 41. article XI. "On- Premise Sians." the provisions of this section shall prevail e) Electronic message displays may be permitted in Regional Planned Sign Programs subject to the following conditions: 1. The display(s) shall comply with the following requirements: A. Be oriented in a wav that i. Minimizes visual and light- emitting intrusion onto properties zoned or used for residential purposes; and ii. Maximizes visibility from adjacent or nearby freeway corridors. B. Produce a maximum 0.3 foot - candles over ambient light levels. C. Include a means of ensuring additional flexibility in reducing light levels upon request by the City. D. Provide a means of limiting excessive light or glare. 11 A -7 E. Have automatic diming capabilities. 2. The sign copy shall comply with the following requirements: A. Where screen transitions are used, such transitions shall not give the appearance of moving text or images, and should use smooth effects, such as fades, rather than abrupt transitions. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement. B. Each sign copy shall be displayed for a minimum of eight (8) seconds. 3. No electronic message display shall be located on a ground sign or cyclists as determined by the Public Works Agency. 4. The Property owner shall comply with Santa Ana Municipal Code section 41- 638.2, establishing standards for graffiti abatement. 5. The property owner shall provide the City and the public a designated phone number and email address for emergencies or complaints that will be accessible 24 hours a day, seven days per week. 6. In addition to their on- premise advertising and identification purposes, the signs must make available a minimum amount of display time to be used for public service announcements or warning signs as requested and provided by the City of Santa Ana. Such minimum time will be established as a condition of approval for the Regional Planned Sign Program. 7. The sign shall comply with any and all federal, state and local laws; regulations and permitting requirements. fj A Regional Planned Sign Program may be submitted by an applicant representing or owning the project site or may be required for a development project when the Planning Director or his or her designee determines that such a sign program is necessary because of special project characteristics. M Applications for Regional Planned Sign Programs shall be accompanied by photo simulations of all proposed signage showing daytime and nighttime conditions in addition to standard forms, exhibits, and other materials requested by staff as required for a complete submittal. 6 11 A -8 h� Every application under this chapter for a Regional Planned Sign Program or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged a copy of which shall be maintained in the office of the planning department. 1 An application to permit a Regional Planned Sign Program must be approved by the Planning Commission and be reviewed subject to compliance with the following sections of the Santa Ana Municipal Code: 1. 41 -633. reauirina forms. descriptions, notification of surroundin Property owners and signature(s) from recorded property owner(s), as applicable; 2. 41 -635 through 41 -637, scheduling for public hearing, providing notice of hearing, and continuances; 3. 41 -642 reviewing the decision of the Planning Commission by the City Council; 4. 41 -645 and 41 -646 processing appeals; 5. 41 -647 and 41 -647.5 utilizing such permits and violations of such permits; 6. 41 -649 modifying such permits; and 7. 41 -651, revoking of such permits. 1� In granting or denying a Regional Planned Sign Program, the Planning Commission shall make the following findings of fact and may impose conditions, restrictions or limitations as the Commission may determine to be necessary to meet the general purpose and intent of this chapter and to ensure that the public health, safety and welfare are being maintained. Findings shall be made and conditions may be imposed to confirm that: 1. The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight, intrusion, or similar incompatibilities. 2. The location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists, or motorists on City streets or freeways. 11 A -9 3. The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed. Scale, intensity, and site development characteristics may be determined by: A. Height of existing or proposed buildings on -site; B. Quantity of freestanding buildings, facades, and street frontages; C. Scale of buildings as they relate to pedestrian and vehicular access surrounding land uses and transportation corridors; D. Visibility from streets highways pedestrian areas, rail corridors, bikeways, other transportation routes, parks, and other public spaces; E. Architecture, colors) material(s), illumination, and other site characteristics; and nature of business activities conducted on- site; and, F. Visibility from any property used or zoned for residential purposes. k) Appeals from decisions of the Planning Commission, extensions, time limits, and modifications to such Regional Planned Sign Programs must be conducted in a manner in accordance with Chapter 41, Article V, Division 1 of the Santa Ana Municipal Code. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2014 Miguel A. Pulido Mayor 11A -10 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan 0. Hodge, Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify 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 9 11A -11 11A -12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH January 27, 2014 CALL TO ORDER The regular meeting convened at 5:30 p.m. at Centennial Park Reservations Administration Meeting Room; 3006 Centennial Road, Santa Ana, California 92704. ATTENDANCE Council members Present Mayor Pro Tem, Sal Tinajero (Chair) Angelica Amezcua Roman Reyna Staff Present: David Cavazos, City Manager, Gerardo Mouet, PRCSA Executive Director Ron Ono, Administrative Services Manager Jeannie Jurado, Community Services Manager Enrique Marban, Community Services Supervisor Hiram Uribe, Graphic Designer Public Speakers Peter A. Katz, SA resident Steve McGuigan, FOSAZ and Riverview West Barbara Lamere, Windsor Village 6 PUBLIC COMMENTS: • Peter Katz raised concerns of the insensible beating at the SA nightclub. We need to educate owners of dance clubs to provide security around their establishment. • Steve McGuigan raised concern on the SA College lease extension scheduled for the next city council agenda. He expressed the need for park space. The college needs to find property next to the freeway. There is insufficient parking at their current location and they need to provide the best service to the community. They had 35 years to find a location. This location was only meant to be temporary. The college needs to make a decision for the long term, not the short term. • Barbara Lamere indicated that people needs to provide input into the decision making process. The college uses majority of the park parking lots. There is PREY Regular Meeting Page 1 January 27, 2014 13G -1 limited parking available for park patrons. The college has outgrown their time at Centennial Park. • APPROVAL OF MINUTES o Minutes of October 28, 2013 accepted as presented. Mayor Pro Tern Tinajero requested the Small Park Improvement item be pulled out of order since he may have to leave early. 6 SMALL PARK IMPROVEMENT PROJECT PROCESS UPDATE c Gerardo Mouet presented a proposal for small projects under $300,000 to be done a different way. He provided an example in which employee contributions and volunteers were able to construct an exercise zone at Birch Park for under $38,000. Employee contributions also provide funding for the Catalina excursion and campout. The Garfield Exercise Zone that is currently under construction was implemented through the normal process and is costing $331,603. The next small project that can be implemented by PRCSA is the Memorial Park Exercise Zone. The scope will require the removal of the deteriorated picnic shelter and barbeque grills. The exercise zone will be built in the same location under a canvas shade shelter. Claire Braeburn, Executive Director of America On Track is donating $45,000 to purchase the equipment and shade shelter. Gerardo Mouet introduced Claire Braeburn and she indicated they are excited to do this. They were able to obtain a 3 year grant fnr the purchase of exercise equipment and shade shelter. o PLAZA SANTA ANA AND DOWNTOWN PRUGPJtMIAING UPDATE o Gerardo Mouet presented the success of the Plaza Navidena Event during the Christmas holiday. The agency now will be managing a variety of events starting with Plaza Primavera, Dia Del Nino y Del Libro, Cinco de Mayo, Independence Day, Plaza Bienestar, Fiestas Patrias, Plaza de los Fundadores and Plaza Navidena. Staff will be creating a web site on sponsorship and advertising on the marquee. An artist is currently working on a logo for the events. David Cavazos indicated the Plaza Events will be paid from salary savings. The City was able to identify $500,000 in salary savings of which $250,000 will be appropriated for producing the events and soliciting sponsorship. It will take time to build relationship with sponsors. Mayor Pro Tern Tinajero indicated the community will be looking forward to the events and it is a good way to promote the city. PREY Regular Meeting Page 2 January 27, 2014 13G -2 I Councilmember Amezcua commented the Plaza Navidena Event was very successful. Councilmember Reyna asked if the Cinco de Mayo Event will be managed by Downtown Inc. Staff responded this time it will be managed by the City. Councilmember Reyna indicated we need to reach out to the Santa Ana Unified School District to partner on the event and not only SA High School of the Arts. ARTS AND CULTURE COMMISSION UPDATE • Gerardo Mouet announced that seven applications were received. Ward 3 appointed Carolina Sarmiento as one of the commissioners that was approved by the City Council on the January 21St • Councilmember.Reyna indicated he interviewed two applicants and will be submitting his recommendation -to City Council. • Gerardo Mouet indicated the Flower Street Bike Trail (Phase 2) that is currently under construction identifies ;a sculpture on the northeast corner of MacArthur and &unflower.,The project funding identifies $80,000 for a sculpture. The eoOcept is to recognize the history of the area and the Japanese American-!Farm ' er. The RFP to select an artist for the Flower Bike Trail Sculpture willdae relesed February 1St. Art OC will be handling the process and a Press retease will, be -sent out on January 30th • Councilmember Reyna asked when the commission is developed, who directs the commission? • David Cavazos jndicatpdjhecom,,rnission will develop a process and clarify any art related issues CENTENNIAL ECO PARK CONCEPT AND UPDATE DISCUSSION • Gerardo Mouet indicated the former Fire Training Area at Centennial Park has a deed restriction thatffie site be used for educational purposes. In the summer of 2012,,a discussion.wth;the City Manager to move the college to this location was'not accepted. The direction was to pursue the ,land. conversion and,deveiop an Eco�Park with educational components to meet the deed condition Further discussion took place to pursue possible funding of an Eco -Park with Senator Correa and the California Coastal Commission. • Mr. Mouet shared a concept plan of the Eco -Park that was prepared by an architect that volunteered her services. • Mayor Pro Tern Tinajero indicated the Police Academy area (former Fire Training site) is zoned for education. Staff should look into the possibility of moving the college to this location. • Gerardo Mouet explained the previous direction was to build an Eco Park at the former Fire Training site and shared a concept prepared by a volunteer. He further indicated the possibility of sharing the site with the college,•City PREY Regular Meeting Page 3 janaary 27, 2014 13G -3 and Santa Ana Unified School District. The five year extension will allow us time to look into options. Mayor Pro Tern Tinajero left the meeting Councilmember Amezcua. at 6:18pm and relinquished the Chair to • Councilmember Reyna indicated the Heritage Museum; 7 acre property is a nature reserve with historical homes. • Mr. Mouet indicated the possibility of extending the bike trail to connect to the Heritage Museum. • Mr. Mouet shared the Sports Field Maintenance Schedule that showed when fields will be renovated. The schedule is designed to accommodate the various sports organizations, programs and carnival dates. We need a schedule in order to keep the fields green and well maintained. There are 44 sports fields (31 city fields and 13 Joint use fields). Our priority is to accommodate youth leagues. • Councilmember Reyna indicated the City needs to bring back Youth Sports Program. • Mr. Cavazos indicated the Strategic Plan identifies the need to bring back year round Youth Sports. • Councilmember Reyna indicated the old Recreation Youth Program would generate approximately $30,000 in revenue and how would the program fit into the schedule. • Mr. Mouet indicated the,City Programs would get priority over field usage. • Enrique Marban indicated Rookie Ball will begin on July 1St • Councilmember Reyna requested the youth sports schedule be sent out to all the City Council members. • STAFF UPDATE & COMMENTS • Mr. Mouet introduced- Enrique Marban and indicated, he was promoted to Community Services Supervisor to manage Area 6. Enrique has over 17 years experience with the city. • The city has filled all the Community Services Supervisor's position with the following individuals: • Area 1: Rudy Hernandez • Area 2: Juan Lara • Area 3: Anthony Novella • Area 4: Erendira Moreno • Area 5: William Sandoval • Area 6: Enrique Marban • COMMITTEE MEMBER COMMENTS o Councilmember Reyna indicated the additional activities /events Downtown are great. Also glad to hear about the Catalina Trip and Youth Sports. He announced the High School Leadership Program in April is free and the need to fill the openings in the Youth Commission (ages 11 to 14). PREY Regular Meeting Page 4 January 27, 2014 13G -4 o Councilmember Amezcua indicated she is excited to hear about the Sister City International; Plaza Santa Ana Programming and Year Round Youth Sports. o David Cavazos invited residents to attend the Strategic Planning meeting. ADJOURNED: 6:36 p.m. Gerardo Mouet Executive Directo , PRCSA PREY Regular Meeting Page 5 January 27, 2014 13G -5 13G -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2014 CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16t Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. State statutes require that a quarterly report be submitted within 30 days following the end of the quarter covered by the report; however, our office continues to provide this information to the City Council monthly. Quarter ending reports continue to be presented at a Council meeting. The legislation dictates that this quarterly report contain the seven major elements listed below: 1. Type of investments, 2. Date of maturity, 3. Par and dollar amounts invested in each security, 4. Weighted average maturity of the investments, 5. Market value as of the date of the report, 6. Source of the market value information, and 7. Any funds, investments or programs, including loans, under the management of contracted parties. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of the City to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. Staff performs an end -of -month expenditure analysis to comply with the expenditure requirement and a statement confirming the ability to meet this requirement is in the monthly and quarter ending Treasurer's Report. The information is 19C -1 Quarterly Report of Investments May 6, 2014 Page 2 in compliance with State law and the City's Investment Policy. The attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City as of March 31, 2014. The following table represents percentage policy limits set by the City's Investment Policy and State Law and respective types, amounts and percentages, as of March 31, 2014. Type of Investment in in COSA Policy Limits State Law Limits Certificate of Deposit (CD) $0.00 0.00% 30% 30% Commercial Paper(C /P) $0.00 0.00% 25% 25% Federal Farm Credit Bank (FFCB) $55,925,600.00 19.65% None None Federal Home Loan Bank (FHLB) $43,703,362.50 15,36% None None Federal Home Loan Mortgage Corp. (FHLMC) $27,886,27834 9.80% None None Federal National Mortgage Association (FNMA) $47,136,808.34 16.56% None None Overnight Sweep(C /P) $60,000,000.00 21.08% 25% 25% Local Agency Investment Fund(LAIF) $49,920,201.12 17.54% None None Treasuries $0.00 0.00% None None Total $284,572,250.30 100.00% The following graph represents percentages within the respective investment types, as of March 31, 2014. 19C -2 ■ Federal Farm Credit Bank ■ Federal Home Loan Bank ■ Federal Home Loan Mortgage Corp. ■ Federal National Mortgage Association ■ Overnight Sweep (Commercial Paper) ■ Local Agency Investment Fund Quarterly Report of Investments May 6, 2014 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. �(Nt oNarL�,Lr- 1J .Via�� 4� Francisco Gutierrez 'J " Executive Director Finance & Management Services Agency Exhibit 1 Treasurer's Report 19C -3 Quarterly Report of Investments May 6, 2014 Page 4 CITY OF SANTA ANA TREASURER'S REPORT as of March 31, 2014 EXHIBIT 1 19C -4 C G C E rn Q 0 r �Eo N 0 M O o O I m G o a. CL 0 0 0 0 0 a r O a° x a N$j n O N (D N O O N NN O N O y N C m - a V N 0 0 N V V A V W N m O °v n M W O M `y' N o a p C p 'c U V a W Q N W fO eW9 o q O m < n OJ OI A> G O r z h V o N a > xyxpp J U U u u C n O N (D N O O N NN O N O y N C m - a V N 0 0 N V V A V W N m O °v n M W O M `y' N o a p C p 'c U V a .N- O Q N V fO eW9 001 q C N OJ OI A> N O O r z h V p N a > xyxpp J U U u u C ONi N O^ m N O V O OJ N M N � aq E X 0 0 0 0 p N O Ypl O O m n m m O N N O N Oi N O Y1 m N H L N U W N v jl O Ol O M O N C a !T C c A 0 C ms T A y a N N L _TCy U o U N o.. mum 0 ° ° U °5 m c o m 'm a A o L O °ac c N ._ 8y W O y o IRUd moo N N_ C C 9 a 10 m O N c L�J 12 6) d �t 0 u N uN 6 a $ o o o m e vnm rN� pE� CL m n �' O N y C � M y N U C L O � C LL N W O L T'p % v � N t`0 p paa U O IE C N 9�Y C N €— O° e N e N C_ O c N y w E W N r N O r � O w m o g CO M fq¢a c 6 P oay C W 9 �D 2EEr uE$o a E Uvm u mdro�, N lz O y iL y [® O OGNm C L N y •c w O � ra co d oN m m a mo y C > > C U > m c Il IL ° m n U O ^ r U §v ° LLi c c a C a° a V N `f 0 v O O O N O P d � 6 c a � N p C p 'c U V U L Q N N N p c m m m a s ¢ a " ju aF m E a a > xyxpp J U U u u C L N U W N v jl O Ol O M O N C a !T C c A 0 C ms T A y a N N L _TCy U o U N o.. mum 0 ° ° U °5 m c o m 'm a A o L O °ac c N ._ 8y W O y o IRUd moo N N_ C C 9 a 10 m O N c L�J 12 6) d �t 0 u N uN 6 a $ o o o m e vnm rN� pE� CL m n �' O N y C � M y N U C L O � C LL N W O L T'p % v � N t`0 p paa U O IE C N 9�Y C N €— O° e N e N C_ O c N y w E W N r N O r � O w m o g CO M fq¢a c 6 P oay C W 9 �D 2EEr uE$o a E Uvm u mdro�, N lz O y iL y [® O OGNm C L N y •c w O � ra co d oN m m a mo y C > > C U > m c Il IL ° m n U O ^ r U §v ° LLi c c a C a° a V N `f 0 v O O O N O P d � 6 c a � N m Q N N N M � V LL N E N i c y � e a o a c 0 10 J O a ° LL i y LL _ � 3 N e U C d a a m U u U J 5 m M O m r m M � E U Y Y Y Y Y Y C Y Y Y Y Y r Y Y Y Y Y Y Y W m m m m m m m m m m m m m N m m m m m m m m `L r v v °v � N N v ' C G C C C C C C C ) � d m m m m m m m m m ry d U W U U U U U U U U U U U U U U J J J J J J J J J E E E E E E E E E 0 m m m m m LL m m m m m mm `m 7 0 0 0 0 0 0 0 0 0 'O i � i LL LL LL LL LL LL LL LL LL LL LL LL LL 2 2 2 2 2 2 2 2 2 a o O s -L° m N E U a li li 11 li li lL li LL LLL LLL LL li 11 lL li IL LLL li li li IL li IL O O N S a y N 0 N _ U � v N a 0 VJ OI N m W M h m N a N M i(1 C O m y r M (O M N O M M M M M a a m O) Of (p N� IO m 10 W 41 1lI m m m m p m m o m p 0 m n m m m m N p, � � .N- .N- .N- �2 .N- .M- .M- ❑ O d O U m a Y C C � y N i( r- Q -n, a Z INL 3 Y J r M Ol V N N m W N Q J J N d J Z Z Z 0_ fJ U U U U U = W� W1LI W W W W W W W W ao m m ro Q Q Q m O E (n 'O yrL�Gi,I! M M M M M M M M M M M M U m U m LL M M M m ro M �n m �n m `m in ro M m M m io m M O O O O O O O O O O O O O 0 o O N U m N n -0. \ N N N N h V e U m m m M p h o o aaN o o O C) �y 0 0 y m m N v m a m m n 0 m m o ❑ .- .- .- .- d a �M N o 0 0 0 0 0 0 0 o M N N N MI M ^o^ N N o) N 1� � M° mW n V W !m0 r n O O N O n 0 I 0 0 0 o e 0 V o 0 0 0 0 0 0 o M O iW (1 (m p m m n M O N M W M M M m m V of o of o 0 0 0(p 0 ' V0 0 0 0 0 N N M m m N N o h m a m cy N W m M ^ r N a o O ^ m h N N M m h a M i(I W (p Q W ep I� m� O N O ° 0 m m m � a n a O O O a p O a 0 0 a O p 0 0 0 0 0 0 0 � 0 0 0 a N v v O O o 0 O 0 0 n 0 0 o a 0 0 a o 0 0 0 0 0 o p o 0 o a o A n F O OO O O O O O O O O O O° O O O O N° p O 0 O O O 0 O O OO O OO O O O O O O O O O G O O O O O O O O ° O M O O O ° O O O O p CL O Cl m cl W a O 00 N O O C O i[1 N' crt O O O O m O O M O O O O p fp O O O r O p O O O O O m O O O O O O O a O Of m N p 0 0 0 m o 0 0 0 0 0 R 0 0 O pOI V N O m m N a a m a N h N N N .dj N a v p o o 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p 0 0 0 0 0 0 a o 0 0 p o 0 0 0 0 0 0 m o 0 0 0 a o 0 O O 0 0 0 0 0 0 0 a 0 0 0 0 m 0 0 0 0 0 0 0 N O O O O O O m O m O n m W W h- M r a O O N N 0 N O O a V r N p O V N N O (p (O p 0 o o O r N m m OI ) �m OO m O C3 C rn �2 a ,j N N M 0 W o 0 N h a a �- �- �- a a N V a V1 C N E E LE C�C QC G d v H d� cn O m a a ° 0 o 0 0 0 0 0 0 o a 0 p o a p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a a o 0 0 0 0 0 0 0 C fE N > 0 o r n m m a 0 o 0 0 p d 0 0 0 0 0 0 0 0 0 o d o 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 o a 0 o p o 0 o a 0 0 m 0 0 0 0 O O O O° a O O° O O O O a O O O O O O O O O N m m m m o 0 a o 0 0 0 0 0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0°° x 0 0 M m N N o o p O O p O O a 0 0 0 p O 0 0 0 0 a p 0 0 0 0 M i(1 V1 N N N p M b N N N M N h h a N N N N CD (h N W Y O a� .2 U N °�V N N N N N N N N N N °�V N N N N °N N\ N N O p a ` W a m m (p r^ M t0 O .- O O N 0.� O° O a N S2 m //�� IL M a V O VI l(I N N N 10 (O [7 O p� I(1 Yl M O O (7 O a 0 0 0 0 0 0 0 p 0 0 0 0 0 0° 0 0 0 N m Q N N N M � V LL N E N i c y � e a o a c 0 10 J O a ° LL i y LL _ � 3 N e U C d a a m U u U J 5 m M O m r m M � E U Y Y Y Y Y Y C Y Y Y Y Y r Y Y Y Y Y Y Y W m m m m m m m m m m m m m N m m m m m m m m `L r v v °v � N N v ' C G C C C C C C C ) � d m m m m m m m m m ry d U W U U U U U U U U U U U U U U J J J J J J J J J E E E E E E E E E 0 m m m m m LL m m m m m mm `m 7 0 0 0 0 0 0 0 0 0 'O i � i LL LL LL LL LL LL LL LL LL LL LL LL LL 2 2 2 2 2 2 2 2 2 a o O s -L° m N E U a li li 11 li li lL li LL LLL LLL LL li 11 lL li IL LLL li li li IL li IL O O N S a y N 0 N _ U � v N a 0 VJ OI N m W M h m N a N M i(1 C O m y r M (O M N O M M M M M a a m O) Of (p N� IO m 10 W 41 1lI m m m m p m m o m p 0 m n m m m m N p, � � .N- .N- .N- �2 .N- .M- .M- ❑ O d O U m a Y C C � y N i( r- Q -n, a Z INL 3 Y J r M Ol V N N m W N Q J J N d J Z Z Z 0_ fJ U U U U U = W� W1LI W W W W W W W W ao m m ro Q Q Q m O E (n 'O yrL�Gi,I! M M M M M M M M M M M M U m U m LL M M M m ro M �n m �n m `m in ro M m M m io m M O O O O 0 o e U N v 0 0 N d5 of � ❑ N a � T�rt G gTE U0 M U0 M �N V N a� C C D E C E N tQ 0 ; c R = N 1 U) co o {6 L .2 o m o U 0 'o O a `m a N t❑ a' N O1 N 6 W m M1 M1 M1 n n n n n m m W m m m 0 O O M N O1 n y V (O m Ol OI n V M h W o 0 0 0 0 0 o o o v� v1 a M V N N M O o O M O M M M o N N O N M O 10 m n !O M1 m O h n n W m N m n n M N N O N O N t0 O O V rn a0 M W V V N N 'V rn rn T rn V N m 0 O N O fp m n �[I m N O IO M1 n n m V m n n O N O h O O O h O h O O N O N N n OR m M m (O O O O O O O O O O O O 0 0 0 0 o a o °o °0 °o °0 0 0 °0 0 0 O O O O O O O O O O O O O O O m O V N O C O O O O O O O N O O O T O O O O O OO N. . p 0 0 0 o O o O O N W m O O O O m N M m N . N V . 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M V N N N N N N N M M M M M M M O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 `0 0 0 0 °: .. o 0 o a o 0 0 N W M U U N N N rn rn N N 09 C ti 0 0 0 ti U U U U U U U U U o 0 0 0 0 0 o N o O O O y J J O ug 9 OI 91 OI OI a� m OI OI rn OI OI 0 o m m m m m Yo m m m m m m m m v x x z z z z z z z z z z z z z z vv aoi v `v m LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL N � y a O � L U 9 O U U C d av M NN NN rn rn m M o W N Ip M1 W °� C9�y U' 7 m m m W W W W mM /�®�1 M M M M M M U LL M M M M M M M M M M M M M M M M M M d a U W N C C O T D v C N ¢ N O LL 0 0 0 0 o a, N r m m ro Di m m v v N 0 N b a m FE9f a a v N N 0 N N N O O O U U m QI N N o Crn � g � J J rn O O N x x z LL LL LL C N uOj In e� w m m n � � ? m m m m M M D! 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M V N N N N N N N M M M M M M M O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 `0 0 0 0 °: .. o 0 o a o 0 0 N W M U U N N N rn rn N N 09 C ti 0 0 0 ti U U U U U U U U U o 0 0 0 0 0 o N o O O O y J J O ug 9 OI 91 OI OI a� m OI OI rn OI OI 0 o m m m m m Yo m m m m m m m m v x x z z z z z z z z z z z z z z vv aoi v `v m LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL N � y a O � L U 9 O U U C d av M NN NN rn rn m M o W N Ip M1 W °� C9�y U' 7 m m m W W W W mM /�®�1 M M M M M M U LL M M M M M M M M M M M M M M M M M M d a U W N C C O T D v C N ¢ N O LL 0 0 0 0 o a, N r m m ro Di m m v v N 0 N b a m FE9f a a v N N 0 N N N O O O U U m QI N N o Crn � g � J J rn O O N x x z LL LL LL C N uOj In e� w m m n � � ? m m m m M M D! M M M i M b M W m OI u 0 yM1 C N m° N N a O b n e M a v OI q a � Q ¢ 9 C C M m n 12 N ¢ate N U 0 ryry O a o a O � a a N m v `o N v 0 K M ¢ a O m O A U N a 0 al N N L a O 0 0 0 0 N M O O O O 0 0 0 O O (f0 O O O O V 0 O O O O O O N N O C O O C 9wd N y O A M Nt N j m m m M 0 IO f0 (NO N m N IMO N N � O N M M u a 0 m co M O f` IN V' OI CI_ IC W N I Y 1p N q NN N N N N O F m M d N C EUet o A 01 (4 (a W r a N N N N Om! Gi M O W �+O O () v v M m m O N u+ ^ a U� N N N LL j O O O a n m n 0 0 0 o 0 ou Lo 0 . IC m Qm m e o O1 c m a v U v uvi h m a I�r N N �P Dl el Q �y N O O O (G O 6 � r N N # U C N 00 N N n 0 O n rn 0 d$b OJ M Ll N m N Z � N Q d' a QK J m N = d J �N N O W N. 19%� ' -Q o U U 2 u U (7 M � a ° ' � N o U_ N J a O 2 O D7 Lu W It D N i O Q1 i a O .I N °c m°o a^ 'u 0 N 0 i a N T .1 0 Jm i Z ] b ~m 0 ] N n w W K ga ] �Q LL z E < t �m v m m v F- w i a 1 ` I O r i^l1 C � n N V h N C N W N r (V o O ry O 0 0 0 o a o 0 0 0 0 0 0 o m o m m o of m .- v m v m_ N CD N V U a M m 1O q o m M m m m V C M C b L N L O r m m N N N goo °8B o�o C m C N C< Em E ° E � g � L L L ry d y m m J U w U m c.N cr c O O N O N F- �oQ0 U N d Z d Z ]Q o`a o a z z [n N tail O N O M m n M y m y m n N N i w w l N N J N N I a v V °o 0 0 0 m a n m ttl N U 0 _ O �o C � LL o E°J m0 Fw L m C z� �0 N m N o y a H y O m � N m 0 N �v o r o N O N ro 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r o N m r L L 1/ N U U m I m O O N N ° a R0oa o O Ef° E 1O U W o g N N N N w � � N a N Q QZ z 5 a o a z z N N _ o ° O N W N i nv rn v n N i i w o o � a° °° M M 0 N O ttl N 4 N O a; � m ry 0 0 C � � N E`O mw c � n � J z� A En _ m � F wz U Q J z O a a y 0 Z m W is W jo U_ � N n W W i W 1 � I U_ LL °1 0 i CQ Ilo " O �a C U 'a W a W rn a ~ !n m W D 1 M tO J M a a � U ! j i r � i Q i LL O i a c 0] O N � a u � I > V n tO u w O W Jm = W L � �a ;o m m a �Q C L Z LL Q a N N E �M N v n ° > =m G m G tU a 1 1 � r u J i 9 p � e- LL d T N r N p U y J 0 N _ o �o s OI 9 c °m i d E v r c $ b � Q r 0 ° u N o m J Q y ul U J O IL n °0 W N U p N Z nM n N Z o m F- U I- S LLi > o tt a a N O V M V N 0 M O m o a °o °o °o V a R N t to 0 — 0 N A m `o �m U J O C a a W O U c c E �6 N Z U an° m 8 4 m to o m � m � o m v 9 n m o n z $ u rn. O n = rr '4„ m O a d m` a u C. � a m r d u � a' 0 C m a u c N � d C � L C r C 0 Z ,^ U C r W m o 2 o w N > dJ W C i N c }� d L m 3 m M N 0 n g° 0 U (D _ W C N L O N L L) Q N U �I Uc a ° ' � N o U_ N J a O 2 O D7 Lu W It D N i O Q1 i a O .I N °c m°o a^ 'u 0 N 0 i a N T .1 0 Jm i Z ] b ~m 0 ] N n w W K ga ] �Q LL z E < t �m v m m v F- w i a 1 ` I O r i^l1 C � n N V h N C N W N r (V o O ry O 0 0 0 o a o 0 0 0 0 0 0 o m o m m o of m .- v m v m_ N CD N V U a M m 1O q o m M m m m V C M C b L N L O r m m N N N goo °8B o�o C m C N C< Em E ° E � g � L L L ry d y m m J U w U m c.N cr c O O N O N F- �oQ0 U N d Z d Z ]Q o`a o a z z [n N tail O N O M m n M y m y m n N N i w w l N N J N N I a v V °o 0 0 0 m a n m ttl N U 0 _ O �o C � LL o E°J m0 Fw L m C z� �0 N m N o y a H y O m � N m 0 N �v o r o N O N ro 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r o N m r L L 1/ N U U m I m O O N N ° a R0oa o O Ef° E 1O U W o g N N N N w � � N a N Q QZ z 5 a o a z z N N _ o ° O N W N i nv rn v n N i i w o o � a° °° M M 0 N O ttl N 4 N O a; � m ry 0 0 C � � N E`O mw c � n � J z� A En _ m � F wz U Q J z O a a y 0 Z m W is W jo U_ � N n W W i W 1 � I U_ LL °1 0 i CQ Ilo " O �a C U 'a W a W rn a ~ !n m W D 1 M tO J M a a � U ! j i r � i Q i LL O i a c 0] O N � a u � I > V n tO u w O W Jm = W L � �a ;o m m a �Q C L Z LL Q a N N E �M N v n ° > =m G m G tU a 1 1 � r u J i 9 p � e- LL d T N r N p U y J 0 N _ o �o s OI 9 c °m i d E v r c $ b � Q r 0 ° u N o m J Q y ul U J O IL n °0 W N U p N Z nM n N Z o m F- U I- S LLi > o tt a a N O V M V N 0 M O m o a °o °o °o V a R N t to 0 — 0 N A m `o �m U J O C a a W O U c c E �6 N Z U an° m 8 4 m to o m � m � o m v 9 n m o n z $ u rn. O n = rr }! U) LL I f ! \ )�) \ | ! ( ) {f {\ f /za \ \ \\ !\!/ \ \\) # 1§C.10 \ 5 §! 4 ! k } \ 0 0\ \ }! U) LL I f ! \ )�) \ | ! ( ) {f {\ f /za \ \ \\ !\!/ \ \\) # 1§C.10 \ 5 §! 4 ! k \ }! U) LL I f ! \ )�) \ | ! ( ) {f {\ f /za \ \ \\ !\!/ \ \\) # 1§C.10 \ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: ESTABLISH GREENHOUSE GAS EMISSIONS REDUCTION TARGETS FOR INCLUSION IN THE SANTA ANA CLIMATE ACTION PLAN CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rp1 :1906�1FAA ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager to approve the following greenhouse gas emissions reduction targets for inclusion in the City's Climate Action Plan: 15% reduction of 2008 levels by 2020, and 30% reduction of 2008 levels by 2035. DISCUSSION Santa Ana has been proactively developing a Climate Action Plan (CAP) to demonstrate leadership in sustainability and to respond to potential legislative action. By completing the CAP, the City will be prepared for any new legislation that may be enacted. Approval of this recommended action will allow the City to accomplish Goal 5 of the Santa Ana Strategic Plan, which includes completion of the City's CAP with measures to address water conservation, energy efficient buildings (City and community), and greenhouse gas (GHG) emissions. The recommended CAP emissions reduction targets meet the State of California objective of reducing statewide GHG emissions to 1990 levels by 2020, and are on track to achieve the statewide goal of 80% below 1990 levels by 2050. As a first step in preparing the CAP, a GHG emissions inventory was completed to determine the baseline for future achievement. This 2008 baseline inventory showed that Santa Ana is already demonstrating leadership in reducing energy use and GHG emissions. At 5.5 metric tons of CO2 (MTCO2e) per capita, Santa Ana baseline emissions are lower than the statewide average of 13 MTCO2e, and significantly lower than the nationwide average of 23 MTCO2e. The reduction targets of 15% of 2008 levels by 2020, and 30% of 2008 levels by 2035 were developed with input from community and City stakeholders (Exhibit 2), as well as consultants with expertise in CAP preparation and scientific calculation of emissions reductions. The result is a proposed set of actions (measures) to achieve the recommended reduction targets. Some of the measures take into consideration existing State regulations, utility incentive programs, and the City's Draft Circulation Element. 19D -1 Establish Greenhouse Gas Emissions Reduction Targets for Inclusion in the Santa Ana Climate Action Plan May 6, 2014 Page 2 After receiving approval of the GHG reduction targets, an additional round of community and stakeholder workshops will be held for input on the draft CAP, followed by an Environmental Impact Report. The final draft CAP will be presented to the City Council for adoption. The majority of the funding for the CAP is being provided by Southern California Edison through the California Public Utilities Commission. This funding expires in December 2014. Establishing the recommended targets will enable staff to meet the requirements of this funding deadline. FISCAL IMPACT There is no fiscal impact associated with approving emissions reduction targets for developing the CAP. 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J (0 F- 19D-7 T W (f3 a d' CD CD N u R ►m 19D-8 March 2014 CLIMATE ACTION PLAN MEETINGS City Council Meetings: • September 6, 2011, agreement with Mariann Long and Associates for energy and sustainability consulting services. (approved) • November 7, 2011, agreement with ICLEI for the Baseline Greenhouse Gas (GHG) Emissions Inventory and Climate Action Plan (CAP). (approved) • March 5, 2012, amendment to ICLEI agreement for preparation of an Environmental Impact Report for the CAP. (approved) • March 5, 2012, a report on the GHG Emissions Inventory and the CAP process. (received and filed) • March 19, 2012, ICLEI made a presentation on the CAP: 2008 GHG Inventory and Forecasts. (presentation) • March 18, 2013, extended funding agreements with SCE. (approved) • December 16, 2013, extended ICLEI's contract to June 30, 2015 and increased the funding by $25,000. (approved) Multiboard Meeting: • March 29, 2012, joint meeting with Environmental and Transportation Advisory Committee, Community Redevelopment and Housing Commission, Planning Commission, and Board of Recreation and Parks. Stakeholder Meetings: • March 27, 2012, Local Businesses and Organizations • March 27, 2012, Architects and Builders • March 29, 2012, Community Groups • May 8, 2012, USGBC Advocacy Committee Meeting • July 10, 2012, USGBC Advocacy Committee Meeting Steering Committee Meetings: • A Climate Action Plan Steering Committee provided input during the CAP process. The Committee is made up of executive managers and key staff members from appropriate City agencies. 1; 1:,, J 19D -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: CONTRACT AMENDMENT WITH COMMERCIAL AQUATIC SERVICES INC. FOR POOL HEATER REPLACEMENT AND OTHER REPAIRS (SPEC. NO. 14 -019) CITY MANAGER k7 *41611n i lTi u l CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with Commercial Aquatic Services Inc. to increase the aggregate limit by $21,600 for the replacement of the pool heater at Salgado Park Pool along with other Aquatic Center repairs; subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency General Maintenance Division is responsible for maintaining the Aquatic Centers of the City of Santa Ana. Staff evaluated the condition of all the Centers and is requesting the following improvements for the upcoming pool season. • At Salgado Pool, the 10 year old pool heater is beyond repair and staff recommends it is cost effective to replace the old heater with a new more efficient heater. • At Jerome Pool, the sand inside the filtration tank needs to be replaced to improve the efficiency of filtration system and avoid excess chemical usage to clean the water. • At Memorial Pool, water is being lost due to leakage. Need a contractor to perform leak detection in the pool to locate the point of water leakage. Once the leak area is located contractor will make necessary repairs. Commercial Aquatic Services Inc. has continually provided competitive pricing for parts and services for the various Aquatic Centers throughout the fiscal year. The purchase of the heater repair, sand installation and leak detection, when combined with previous purchases by Parks, Recreation and Community Services Agency during the current fiscal year, will exceed $25,000 aggregate limit. 22A -1 Contract Amendment with Commercial Aquatic Services Inc. May 6, 2014 Page 2 To allow for unanticipated charges, an additional $5,000 contingency has been included in the award amount. In order to facilitate future purchases, staff recommends an increase to the aggregate limit. The notice inviting bids was advertised on March 26, 2014 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 22 Vendors were notified 8 Vendors downloaded the bid packet 2 Received from Santa Ana vendors 5 Bid received The bids were received and opened on April 7, 2014 and evaluated (Exhibit 1). The bid received from Commercial Aquatic Services Inc. is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the PRCSA Facilities Maintenance & Repair /Building & Grounds expenditure account (no. 01113260- 62320). Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EG APPROVED AS TO FUNDS AND ACCOUNTS: 22A -2 Francisco Gutierrez Executive Director Finance & Management Services Agency �f- Contract Amendment with Commercial Aquatic Services Inc. May 6, 2014 Page 3 Bid Results for Commercial Pool Heater Replacement & Repairs (14 -019) Issued on 3/26/2014 Bid Due on 04/7/2014 Line Totals (Unit Price * Quantity) *Addendum 1 Add /Alternate Rapak WH -992, w /Cupro- nickel heat exchanger: Same as above No bid No bid No bid No bid Reinforce Concrete /Base Pad $150.00 $500.00 Commercial $800.00 $800.00 WATERLINE No Charge Item $129.00 Aquatic Services, Knorr California TECHNOLOGIES BlueRay Item Code Description Inc. Systems, Inc. Waters INC Management $25,033 Salgado Pool $26,229 $26,989 Price #1 Heater Replac $11,670,30 $18,033.00 $18,132.00 $16,587.00 $20,050.00 Jerome Pool Silica Price #2 Replac $1,544.72 $3,476.02 $4,121.00 $1,705.00 $3,821.25 Memorial Pool Price #3 Leak Detec $700.00 No bid $1,117.00 $6,110.00 $295.00 $13,915.02 $21,509.02 $23,370.00 $24,402.00 $24,166.25 Local Vendor Pref: n/a n/a 7% 7% n/a $13,915.02 $21,509.02 $21,734.10 $22,693.86 $24,166.25 *Addendum 1 Add /Alternate Rapak WH -992, w /Cupro- nickel heat exchanger: Same as above No bid No bid No bid No bid Reinforce Concrete /Base Pad $150.00 $500.00 $910.00 $800.00 $800.00 Venting (if required) $1,275.00 No Charge $2,659.00 $129.00 No Charge Lateral Change $19.50/ea $1,169.75 $146./ea $663.00 $23.95/ea Complete Total: $16,588 $25,033 $27,485 $26,229 $26,989 Exhibit 1 22A -3 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: AGREEMENT WITH BELL BUILDING MAINTENANCE COMPANY AND ABM FOR CUSTODIAL SERVICES AT CITY PARK RESTROOMS AND PARK BUILDINGS L�. CITY MA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 09:1004 7 ❑ 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 Bell Building Maintenance Company for park restroom custodial services in Districts 1, 2, 3, and 4 in the amount of $125,796, which includes a 10 % contingency, for one -year with two one -year options under the same terms and conditions, exercisable by the City Manager, beginning June 1, 2014, renewing June 1, 2015 and June 1, 2016, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with ABM for park building custodial services in Districts A, 1, 2, and 3 in the amount of $138,336, which includes a 10 % contingency, for a one -year term with two one -year options under the same terms and conditions, exercisable by the City Manager, beginning June 1, 2014, renewing June 1, 2015 and June 1, 2016, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) divides the city into five park maintenance districts, Districts 1 -4 and A. The custodial services contracts for maintaining park restrooms expire on May 31, 2014. A request for proposals (RFP) was issued and advertised on February 20, 2014 through the city website and PlanetBids.com. A pre - proposal conference and job walk was conducted on February 27, 2014, and proposals were received and opened on March 26, 2014. The City received two proposals from Bell Building Maintenance Company and ABM. An evaluation committee consisting of two representatives from PRCSA Park Services and one representative from the City of Anaheim Park Services reviewed and rated the two proposals. The proposals were evaluated according to the evaluation criteria listed in the RFP, which includes Capability and Experience of Contractor (25 %), Past Performance (25 %), and Cost of Proposal (50 %). The results of the RFP evaluation were as follows: 25A -1 Agreements with Bell Building Maintenance Company and ABM for Custodial Services May 6, 2014 Page 2 PARK RESTROOMS- DISTRICTS 1, 2, 3, 4 ABM BELL Capability and Experience 69 65 Past Performance _ 66 69 Cost of Proposal 90 142 300 point max 225 276 _ Rank 2 1 PARK BUILDING - DISTRICTS A, 1, 2, 3 ABM _ _ Capability and Experience _ 72 _BELL ^ 55 Past Performance 69 _ 58 Cost of Proposal 95 300 point max _133 274 208 Rank 1 2 The City proposes to enter into an agreement with Bell Building Maintenance Company for park restroom custodial services in Districts 1, 2, 3, and 4 in the amount of $125,796, which includes a 10% contingency, for one -year with two one -year options under the same terms and conditions, exercisable by the City Manager, beginning June 1, 2014, renewing June 1, 2015 and June 1, 2016, The City proposes to enter into an agreement with ABM for park building custodial services in Districts A, 1, 2, and 3 in the amount of $138,336, which includes a 10% contingency, for one - year with two one -year options under the same terms and conditions, exercisable by the City Manager, beginning June 1, 2014, renewing June 1, 2015 and June 1, 2016. FISCAL IMPACT Funds are available in the PRCSA -Park Services - Maintenance and Repairs, Buildings and Grounds account (no. 01113250 62320) and PRCSA - Facilities Services - Maintenance and Repairs, Buildings and Grounds account (no. 01113260 62320). A At Gerardo ouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25A -2 CUSTODIAL SERVICES ACv,R.,.EEMENT THIS AGREEMENT, made and entered into this I" day of June, 2014, by and between Dell Drtildimg 1vlaintenancc Company, Inc., a Califomia corporation (hereinafter "Contractor"), and the City of Santa Ana, a chatter city and municipal corporation organized and existing under the Constitution and laws of the State o f California (hereinafter "City"), RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of janitorial and custodial services with high -level industry practice to provide such services for the park restrooms in Districts 1, 2, 3 and 4. B. Contractor represents that Contractor is able and willing to provide such services to the city. C. In undertaking the perdormance of this Agreement, Contractor represents that it is knowledgeable in its Field and that any services performed by Contractor under this Agreeuietrt will be performed In compliance with such standards as may reasomably be expected From a professional consulting Firm in the field. NOW TIIE,R'EFORE, 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 janitorial and custodial maintenance services at the park restrooms in Districts 1, 2, 3, and 4, as set forth in Contractor's Proposal and the Request for Proposals (attached hereto and incorporated herein as Exhibit A), 21 CITY INSPECTION The City's designated representative shall regularly inspect the park restrooms 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 set forth in Exhibit A, Contractor agrees that the City shall deduct from the Contractor's next monthly payment, the cost of performing the work to 'bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $304 per inspection, per park restroem 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 A, The. total sum to be expended under this Agreement shall not exceed $125,796,00, annually, during the term of this Agreement. This amount includes a 10% contingency. 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 falls to meet the standards of performance set forth in (lie Rc•,citals or Specifications which may reasonably be expected by City. 25A -3 4. TERM The tern of this Agreement shall be for an initial one (1) year term with two (2) one -year options under the same terms and conditions hereof, exercisable by the City Manager and the City Attorney. 5. INDEPIENDENT CONTRAC'T'OR 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 - emplayee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 Irtsuranoe. Consultant shall maintain conunercial general liability insurance which shalt 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 aris'i'ng 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 insuned(s); (b) be primary with respect to insurance or setP insturance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent torn, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -awned automobiles. c. Worker's Compensation insurance. In accordance with the provisions o£ Section 3300 of the Labor Code, Contractor, if Contactor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits hot 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 affect for the entire period covered by this Agreement, 25A -4 (li) Certificates of insurance shalt 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 changes[ in any other material aspect without thirty (30) days prior written notice to the City, e. 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 effect 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. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employces, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which inay arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for dvnagcs, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief clue to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 3. 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 aunt/ 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 confideutiahty; (d) is required to be disclosed by operation of 25A -5 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 acquire arty interests, direct or indirect, which would conflict in any manner with performance of services specified raider this Agreement. No persons having such interest shall be employed by or associated with Contractor. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the tuanner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O, Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -.6956 With copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (NI -75) Santa Ana, California 9270,2 Facsimile: (714) 571.4221 and City Attorney City of Santa Ana 20 Civic Center Plaza (i1%4 29) P.O. Box 1988 Santa Ana, Califomin 92702 Facsimile (714) 647.65 t 5 To Contractor: Bell Building Maintenance, 5170 Sepulveda Boulevard. 9180 Sherman Oaks, California 91403 Phone: (818) 385- 0730!FAX: (818) 385 -0790 Attn: Chan Yang A party ninny change its address by giving notice in writing to the other parlay. Thereafter, any communication shall be addressed and transmitted to the new address. [£sent by mail, conatnunicadon 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, oammnnlcation shall be effective or deemed to have heen given twenty-four (24) hours after the time set forth on the transmission report issued 25A -6 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 Contractor, anal supersedes any and all other agreements, orator 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 prove![. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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 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 This Agreement may be tenninated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for ell services pert'ormed by Contractor prior to receipt of such notice of termination, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product slvtll be the property of the City unlesa probibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, eread, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as deemed and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employrnont related activities. Contractor affums that it is an equal opportunity employer and shalt comply with all applicable federal, state and local laws and regulations, 25A -7 15. JURISDICTION - VENUE This Agreement and all questions tetatitig to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California, 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. 1.6, PROFESSIONAL LICENSES Contractor shall, throughout the tern 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 governments( agencies. Contractor shall notify the City immediately and in writing of his inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17, COMPLIANCE WTTIT GOVERNMENTAL RE, QUIREMENTS Contractor shall cant' out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercisingj urisdiction over the City, including all applicable' federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical anti electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S,C. § 121Ot et set'., Government Code § 4450 etseq., and the Unruh Civil Bights Act, Civil Code § 51 et seq. 18, MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature herembelow 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 re'fe'renced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. III W 25A -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: c- Lisa Storck Assistant City Attorney 25A -9 CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR: Bell Building Maintenance, Inc. By: Chan H. Yang, President SERVICE PROPOSAL FOR JANITORIAL SERVICES RFP 14 -002 PRCSA CITY OF SANTA ANA B E L L TEt4�NEF COPY Submitted By: Bruce M. Hwang V. P. of Operations bmsw129 @yahoo.com Bell Building Maintenance Company 5170 Sepulveda Blvd., Suite 180 Sherman Oaks, CA 91403 Tel: (818) 385 -0790 Fax: (818) 385 -0730 1 LO�BI� BELL BUILDING MAINTENANCE COMPANY 5170 SEPULVEDA BLVD. #180 SHERMAN OAKS, CA 91403 PHONE: (818) 385 -0790 FAX: (818) 385 -0730 March 25, 2014 City of Santa Ana Parks, Recreation and Community Services 20 Civic Center Plaza, Second Floor Rm #273 Santa Ana, CA. 92701 Dear Evaluation Committee, Bell Building Maintenance propose a complete solution for the City of Santa Ana Janitorial Services Project. We have the combined resources to ensure the project requirements can be fully realized with services that meet and exceed all the work specifications and schedules set forth in your RFP. Bell Building Maintenance proposes our value -added services as the basis for your service project. Our services are currently being utilized in over 120 client sites through out the Southern California such as City of Riverside, City of Irvine, City of Santa Clarita, City of Thousand Oaks, etc. Subsequent to an analysis of our past experiences, availability of management and supervisory personnel, and thorough review of your project, Bell Building Maintenance completely understands the tasks and terms to be abided by and takes no exception to the RFP and instructions are given. Bell Building Maintenance certify that such understanding has been considered in the cost schedule of our proposal and our bid price shall remain valid period of 120 days frorr the closing date. Mr. Bruce M. Hwang, Vice President of Operations, is authorized to make representations for BBMC during negotiations and commit BBMC to the Agreement. Mr. Hwang may be reached via the following: Tel : (818) 385 -0790/ Fax :(818) 385 -0730 Cell: (213) 494 -1003 E -mail: bmsw129 @yahoo.com Address: 5170 Sepulveda Blvd. Suite 180 Sherman Oaks, Ca 91403. Please bear in mind that the competitiveness of our bid in no way compromises the quality of the work performed & we pride ourselves in our outstanding customer satisfaction record. BBMC offers the following: • State of the art industrial equipment to minimize downtime and save costs. • 24 hour emergency service, 365 days a year, two -hour response time inmost instances. • Insured and Bonded workforce.. • Follow up visits by our representative. We hope that our company information will grant us as your contractor and look forward to a long, mutually rewarding relationship. Thank you. Sincerely, Chan H. Yang President COMPANY PROFILE AT A GLANCE NAME OF FIRM: Bell Building Maintenance Co. BUSINESS ADDRESS: 5710 Sepulveda Blvd. Suite 180 Sherman Oaks, CA 91403 TELEPHONE NUMBER: 818 385 -0790 FACSIMILE NUMBER 818 385 -0730 E -MAIL ADDRESS: bruce bellbmc.com CONTACY PERSON (for this request for proposal): Bruce M. Hwang, V. P. of Operations TELEPHONE NUMBER: 213 220 -1393 EMERGENCY CONTACT NUMBERS Cell Phone: (213) 220 -1393 / (213) 494 -1003 Toll Free Number: 800 - 953 -5144 CITY BUSINESS LICENSE #: 715031 -74, City of Los Angeles STATE BOARD OF EQUALIZATION SALES TAX PERMIT # : 365- 3207 -7 FEDERAL EMPLOYER ID #: 95. 4706174 DUN & BRADSTREET NUMBER: 78- 335 -4418 COMPANY STATUS: Minority & Women Owned Small Business Certified by the State and the Federal Small Business Administration YEARS IN BUSINESS: 32 Years TERRITORIAL COVERAGE: Most of the Southern California NUMBER OF EMPLOYEES: Management: 11 Supervisor: 20 Custodian: 420 CORPORATION ( ) PARTNERSHIP ( ) JOINT VENTURE ( ) SOLE PROPRIETOR (x) OTHER ( ) NAMES AND TITLE OF COMPANY PRINCIPALS: Chan H. Yang, President INSURANCE INFORMATION — Name of the insurance carries for each type of insurance listed. General Liability Insurance: Western World Ins. Automobile Liability Insurance: Progressive Insurance Co. Worker's Compensation: ACE Insurance Co. Fidelity Bond Insurance: American Contractors Indemnity Co. ANNUAL CONTRACT VALUE OF 3 LARGEST JANITORIAL CONTRACTS IN PAST 3 YEARS: City of Irvine - $ 785,600 / City of Thousand Oaks - $ 415,200 / City of Riverside - $ 280,980 EMPLOYEE TURNOVER RATES: Year 2007 — 2.3 % Year 2008 — 5.4 % TRANSACTION EVENTS IN THE PAST 3 YEARS: None COMPANY HISTORY Bell Building Maintenance Company ( "BBMC ") has provided janitorial services since 1976, when the company was founded by Chanhee Yang. We provide highly reputable and reliable janitorial services to Southern California business communities. Our clients include large fortune 120+ companies as well as small local business. Our janitorial service is widely recognized because of our outstanding customer service, performance and efficiency. For more than 30 years, BBMC has proven itself as a leader in professional cleaning services, our extensive portfolio consists of office buildings, industrial complexes, financial institutions, private schools, and large public facilities. We offer a broad range of services that can be tailored to meet your needs and, BBMC is fully licensed and insured to give you the confidence that your job is being handled by qualified personnel. BBMC's management staff, with over one hundred years of combined experience in the janitorial industry, helps design the procedures and implements all work specifications to enhance and ensure that all facets of the operation will be successfully accomplished in a timely manner. We pride ourselves on the fact that we have never failed or to complete any service contracts. Bell Building Maintenance has grown from 15 employees handling 3 facilities to its current size of 500 employees handling 120 facilities. We continuously recruit and train workers and are recognized by customers and employees for our employee relations capabilities. In the process of our years of operation we have developed a specialized proprietary MIDAS tile cleaning product and tile grout restoration product for which we hold the patent. This product has allowed us to provide value -added services that exceed our client's expectations. In addition, all our cleaning products, application and material disposal is of the highest quality - Environmental safe and ecologically based. EXPERIENCE AND CAPABILITY BELL BUILDING MAINTENANCE COMPANY is a privately held facilities janitorial and related maintenance service firm providing consistent and reliable services to facility managers, property managers and property owners throughout Los Angeles, Orange, and Ventura counties since 1976. BBMC's headquarters is located in the heart of Los Angeles. BBMC is different from other firms in this industry by its performance and ability to meet and exceed client's specific expectations. We provide complete facility maintenance solutions that are tailored customer's specific requirements. We take the responsibility for maintaining the property and paying attention to details so the customer can focus on its core business. Since 1976, we have been building satisfied client relationships, servicing government facilities, hotels, manufacturing plants, class A office buildings, retail stores and corporate headquarters. Our thirty years of experience encompasses professional custodial service entailing the cleaning of executive offices, offices and conference rooms, cafeterias, lunchrooms, elevators, stairs, restrooms, and other such areas. BBMC commits itself to perform all of the works in a timely and professional manner. TECHNICAL APPROACH & METHODLOGY OPERATION PHILOSOPHY BBMC emphasizes three key qualities characteristic of our entire company. Excellence, Efficiency and Improvement. Our Goals are to enhance your property, acquire improved visual appeal, increase your tenant comfort level, and attract customers by consistently creating a showcase environment while maintaining a competitive budget. The technical solution is based on a flexible and customized approach to providing your facility with adequate direct and indirect labor hours to exceed the scope of service required 1Nyel Irclf -A0 T, 14 BBMC will provide only experienced and competent cleaning personnel to perform all phase of services to be rendered under this service contract. 2. The supervisory and on -site personnel will, upon our receiving notice of contract award, spend the necessary amount of time at your project accomplishing the following: • Facility familiarization; • The commencement of establishing non - routine and daily scheduled, work assignments; and • Coordinating with property management to establish any non - standard safety and security processes, including energy conservation procedures and methods, and reporting methods and forms. • Key management and custodial staff (leads and porters) shall be proficient in English in order to communicate with property manager, tenant, and general public. 3. BBMC operational staff will accomplish frequent inspections of your facility, interface with our supervisory staff and interface with designated customer representatives on a frequent basis. We recommend that regular scheduled monthly meetings between our operational personnel and your designated project staff be established and commenced regularly to discuss the status of services being performed. 4. Property Management shall have access to the Project Manager during all hours custodial services are performed. The Project Manager, as well as the supervisors, will be equipped with mobile phone and radio for immediate accessibility. RELIABLE PERFORMANCE AND ACCOUNTABILITY We at Bell Building Maintenance Company realized that productivity, efficiency and job satisfaction result from proper employee selection, screening and training. We also pay our employees competitive and prevailing wages and offer company paid vacations, holidays, sick leave, and health insurance benefits. BBMC also offers personnel a performance incentive program and reward program. Through the years, we have invested more into his comprehensive screening process because we learned that by hiring honest, reliable and well - performing workers, our clients gained a complete confidence in our maintenance teams, By hiring and retaining good employees, BBMC is able to achieve: ❑ High productivity and efficiency. ❑ High level of reliability and consistency. ❑ High level of accountability and performance. Our maintenance teams are permanently assigned to dedicated facilities for consistency and accountability. Strict security policies are enforced throughout our maintenance teams. In addition, BBMC maintains an Employee Dishonesty Bond of $50,000.00 to cover any losses associated with BBMC crew. The keys are accounted for at all times. QUALIFICATION OF MANAGEMENT The management staff of Bell Building Maintenance has over one hundred years of experience in providing complete janitorial and maintenance services for major commercial, governmental, aerospace, high - technology firms and high -rise commercial office buildings. The following summarizes the experience and capabilities of key management staff involved in your buildings/ facilities. CHAN HEE. YANG — President Since starting Bell Building Services 30 years ago, Ms. Yang has directed the growth of this firm from a small janitorial service company to one of the large regional building service contracting firms on the West Coast. Ms. Yang has been personally involved in every janitorial program implemented since the inception of BBMC. BRUCE M. HWANG — Vice President of Operations Bruce has an extensive background in administrative, facilities management and outsourcing strategies — including contract labor, finance and wage administration, marketing, operations, personnel administration, recruitment and security — holding upper management positions over thirty years period. Bruce's areas of specialty and quality initiatives are preventive /predictive maintenance, total facility management, cost analysis and short and long term strategic planning to name a few. DANIEL KANG — Project Coordinator / Quality Control Daniel has over fifteen years experience supervising janitorial and maintenance contracts throughout the Southern California area. Daniel became a Quality Control Project Coordinator after receiving multiple promotions from within Bell Building Maintenance, Daniel is now responsible for the overview of all janitorial and related services in California. MARCO ARMARO — Senior Supervisor Marco has over twenty five years experience in contract janitorial services and facility management. With more than fifteen years experience in the supervisory capacity. Marco currently oversees 50+ customer locations. Marco is a specialist in handling customer relations and responding to special requests and emergencies. NETWORK MANAGEMENT EMERGENCY & ON -CALL PERSONNEL Although BBMC has employees and staff operating in the Feld 24 hours per day, 365 days per year, we have realized that in order to serve your project promptly and efficiently, a resource was required for after hour emergency situations. For that reason, BBMC utilizes an after -hours communication system. Customer Care, emergency and non - emergency calls after business hours should be directed to the following telephone number. 1.1III110,1•3CV2011 During emergency situations, the BBMC Project Manger will respond within 10 minutes to the receipt of a call. The Project Manager will immediately contact the On -site manager and determine the action plan and resolution time to the emergency service request. BBMC will maintains an "On Call" list of 10+ trained and experienced employees designated to night or day shift duties who are available to respond to emergency situations, under overtime or double time wages. In the event of an emergency, BBMC on -call personnel are ready to respond within the hour after receipt of the call. These employees have undergone all security checks, and classroom and on- the -job training and will be uniformed and equipped to deal with the emergency. SECURITY All personnel assigned to the project will have undergone the following security risk measurements: Department of justice security clearance • 10 year background employment check • 5year background employment verification • 5year criminal history verification • pre - employment drug testing No personnel assigned at the project location shall have a high -grade misdemeanor and /or misdemeanor theft conviction or any felony convictions. Furthermore, BBMC optionally maintains Employee Dishonesty Insurance coverage for all its employees. In addition to the background tests, BBMC performs pre - employment physical examinations on all employees assigned to your project. BELL BLDG. MAINTENANCE CONTACT PERSON AND PHONE NUMBER 1. All BBMC staff will report any problem they observe, i.e. damage, breakage, plumbing problem, etc. immediately to their supervisor. the supervisor will in turn leave notice for Maintenance Manager and /or designated individual of these problems. 2. We provide a 24 hour switchboard and supervisory service. This, plus the regular and systematic inspection by our supervisors, assure that the work will be skillfully and properly completed at all times. All of our supervisory personnel and custodial staff are in continuous contact with by way of our electronic radio system and Mobile phones. this system enables BBMC to respond immediately to any circumstance which may arise requiring our assistance. BELL BUILDING MAINTENANCE 8:00 A.M. TO 5:00 P.M. 5:00 P.M. TO 2:00 A.M. 2:00 A.M. TO 8:00 A.M. INITIAL CONTRACT ADMINISTRATOR ON -SITE SUPERVISOR CONTRACT ADMINISTRATOR CONTACT BRUCE HWANG MARCO ARMARO BRUCE HWANG 213 494 -1003 213 822 -8476 213 494.1003 2 NO CONTACT ON -SITE SUPERVISOR CONTRACT ADMINISTRATOR ON -SITE SUPERVISOR Christine D MARCO ARMARO BRUCE HWANG MARCO ARMARO Annie Jeon 213 822 -8476 213 494 -1003 213 822.8476 3 CONTACT CONTRACT ADMINISTRATOR CONTRACT ADMINISTRATOR CONTRACT ADMINISTRATOR CHRISTINE DAMAHAN BRUCE HWANG BRUCE HWANG ' 213 385 -7090 (213) 494 -1003 213 494.1003 BELL BUILDING MAINTENANCE EMERGENCY SERVICE In the event an emergency at your location should occur ( Flood, Fire, Property Damage, etc. ) requiring clean -up or other tasks, Bell Building Maintenance has personnel available 24 -Hours a day, 7 days a week, at your direction, for a specified rate per man -hour. After Business hour and on weekends, you can call and contact right personnel at following numbers. PHONE NUMBER FAX NUMBER E -MAIL MAIN OFFICE 818 385 -7090 818 385 -7030 Lruceff bellbmc.corn 213 494 -1003 Jorge Carpio Blackberry bmsw129 ahoo.com CUSTOMER SERVICE 800. 953 -5144 Christine D 818 385 -0693 818 385 -7030 christined bellbmc.com Annie Jeon 213 700 -9295 annie@bellbmc.com EMERGENCY SERVICE In the event an emergency at your location should occur ( Flood, Fire, Property Damage, etc. ) requiring clean -up or other tasks, Bell Building Maintenance has personnel available 24 -Hours a day, 7 days a week, at your direction, for a specified rate per man -hour. After Business hour and on weekends, you can call and contact right personnel at following numbers. RESPONSE TIME Response time for work requirements is dependent upon work priority and shall be in accordance with following standards. URGENT WORK Normal Working Hours : Bell Building Maintenance personnel to take action at the urgent, emergency work site with in Thirty (30) minutes following notification by customers . After Working Hours: With in One ( 1 ) hour. ,C y 10 L kji Telephone Number 24 hours Switch Board (818) 385 -0790 Response all calls with in 10 Minutes Bruce Hwang 213 220 -1393 213 494 -1003 Jorge Carpio 323) 821 -0230 (626 ) 523 -1704 RESPONSE TIME Response time for work requirements is dependent upon work priority and shall be in accordance with following standards. URGENT WORK Normal Working Hours : Bell Building Maintenance personnel to take action at the urgent, emergency work site with in Thirty (30) minutes following notification by customers . After Working Hours: With in One ( 1 ) hour. ,C y 10 L kji THE IMPLEMENTATION PLAN SITE REVIEW Upon notice of contract award, our company will do a complete site review of the property. FACILITY MANAGEMENT MEETINGS A successful start -up plan is based upon establishing good client rapport and developing clear lines of communication, such as methods of report. LINES OF COMMUNICATION To maintain good working relations and provide a responsible service, BBMC must establish open lines of communication. We will provide all pertinent telephone numbers of project responsible personnel for service requests and emergencies. SUPPLIES AND EQUIPMENT Supply and equipment needs will be specifically determined and purchase orders will be placed with our vendors. Equipment and storage areas will be determined. PRE - OPERATION PROCEDURES When above flour steps has been accomplished; 1. Janitorial crews will meet with the facilities personnel to introduce themselves. 2. Tour of the project facilities will be conducted. 3. Identify special security considerations and coordinate security and operation procedures. 4. Inventory all supplies and equipment as received and distributes to appropriate areas. 5. Inspection sheet made, if necessary FLOOR CARE SPECIAL CREW AND UTILITY CREW Our floor care and support services is a separate entity, led by a Floor Care Supervisor. Our dayshift and swingshift custodians basically provide minor cleanup of office and facilities and all floor care works including carpet cleaning and restroom floor scrubbing will be performed by experienced and specially trained floor care specialist. Any other works beyond the daily basic janitorial works such as window wash, light fixture cleanup, parking lot sweep, holding cell cleaning, and additional works, will be performed by our Utility Crew. 11 �AB 1 b QUALITY CONTROL PLAN Our Quality Control (QC) Plan is based on its existing QC program in place at other projects & accounts. The plan is always tailored to meet the unique project quality requirements of each client. Our QC plan has several unique features to ensure maximum cleanliness levels in all areas of the building. Expanded inspections cover areas that have been serviced and those that have not. The Project Manager will inspect both types of areas to ensure that quality levels are achieved in serviced areas and that the frequency of service is adequate to maintain cleanliness levels between servicing. Trend analysis which is based on customer questionnaires and project checklist is used to identify degradation in project services before deficiencies occur. BBMC will make systematic changes in cleaning schedules, staff assignments, cleaning procedures, and service frequency to maintain quality and improve productivity. Inspection schedules are tailored for each building to ensure complete coverage of executive and high- traffic areas. Each area of facility will be formally inspected at least twice each month. Heavy used public areas will receive even more frequent inspections. Project inspection will be augmented by significant corporate support and on -site quality audits. Cursory inspections are performed daily. A detailed plan and procedures for verifying performance will be implemented. It is designed to ensure that all project functions are monitored and that every building is inspected to ensure that quality requirements are being met. In formulating the inspection schedule, the Project Manager will ensure that all areas in all covered facilities are inspected each month, and that the work of each custodian is also inspected. This inspection approach will prevent deterioration at infrequently serviced area and will enable an optimum allocation of resources. INSPECTION AND SUPERVISION We assign a dedicated BBMC supervisor to each facility to perform on -site inspection and to handle all aspects of the cleaning schedule and all workers are responsible to him /her. Alternatively, a foreman is assigned to act as temporary supervisor in the absence of the supervisor. BBMC supervisors are trained in human relations and employee motivation. BBMC staff uses computer generated "work tickets" to schedule and follow -up on periodic work such as carpet care and stripping floors. BBMC conduct periodic customer satisfaction survey to ensure that our customers are getting the best possible service and the value from our program. With our supervisors available for on -site inspections and decisions, BBMC is capable of making a "quick response" decision without consulting our main office and most emergency situation can be handled in a timely manner. 12 L'JHB PASSIVE INSPECTION AND FOLLOW -UP Unless our customers request otherwise, we send all our customers a quarterly questionnaire with their respective monthly /bi- weekly statement. It allows our customers to rate the service in specific areas so we can fine -tune our performance service. Our on -site supervisors are specifically instructed to maintain a direct communication with our customers. BBMC supervisors and the crews maintain a communication log with each customer and are required to check the log at the start of every assignment. Each assignment starts with a check on the log, and should there be any complaint or comment written, they are required to respond both in document and in action, so that the customers know that the request has been read and was addressed accordingly. For all other emergency situations and requests, there is a 24 -hour customer service hotline at BBMC that provides access to supervisors and managers and immediate responses. QUALITY CONTROL ENFORCEMENT In addition to discussing quality control, we will also explain how we intend to control the quality in your facilities. At BBMC, Quality control is the cornerstone of our cleaning program. The reducing of cleaning concern allows management personnel to effectively and efficiently addresses the issues. Controlling quality is a combined effort by our entire management's staff. It consist of facility inspections, corrective action reports, facility rating reports, client logbook, client liaison meetings, and above all, our ability to communicate with your representative. GENERAL INSPECTION INFORMATION: The inspection of an area is performed at three different time periods, for two different reasons The results of each of these inspections will provide us with information that we can use to strengthen the service we provide for your facility. 1. INSEPCTION DURING NORMAL BUSINESS DAY Inspecting during the daylight hours allows us to see the cleaning through your eyes. We are able to note stains and spots that are not always noticeable under artificial light. 2. INSPCTION DURING CLEANING HOURS Our Managers inspect the work while it is being performed. Observation of our cleaners and service workers insures the most efficient technique is constantly being utilized and that all schedule tasks are being addressed. Oversights and mistakes are much easier to correct when the cleaners can be observed actually performing their duties, and we find this an excellent time to correct cleaning technique. 3. INSPECTION AFTER CLEANING HOURS We find that randomly inspecting after completion of the work provides us with an excellent overview of the cleaning and enables us to have a valuable perspective of how the building will look when your employees and /or tenants arrive. 13 LOHBI�L CORRECTIVE ACTION REPORT: The Corrective Action Report is perhaps the simplest report we use. It is designed to allow our management to demonstrate to a cleaner or another manager errors which require correction. The form is basically made up of three sections. The first outlines the problem. The second section details the action needed to be taken to correct the problem. The third outlines follow -up inspection of the cleaner to insure that the problem is not repeated. Quite simply it shows; The problem, the Solution, and What Training needed. Simple perhaps, but a most important part of our overall program to control quality. THE LOG BOOK In order to allow for an open communication between our management and your Management, we will provide a logbook in your office. The book will be available to record messages that can be directly answered by our Site Supervisor. Using the system you will know the answers to your concerns first thing in the morning provided directly from our manager. CLIENT LIAISON MEETINGS These meetings are most valuable and necessary. They provide management, yours and ours, interaction. In this way, lines of communication are kept open, insuring the mutual participation of all involved parties. QUALITY CONTROL CONCLUSION As previously stated, BBMC believes that management is the cornerstone of a successful cleaning program. We have developed a program for your facility that will provide you with the necessary management and Quality Control procedures to insure the continual success of the cleaning program. This success is not based on one opinion or one form of inspection. The secret of BBMC success is in the combination of the programs outlined in this proposal. This approach permits us to control the expected cleaning standard. �,,YYyy�� ,,TT��pp 14 L FHB 14M to] iTjI=1 N=1:7T1IN4 It is our commitment to provide our customers with the best value and quality in building and facility maintenance services. We at the Bell Building Maintenance Company firmly believe that our continuous success depend on the following principles that we adhere to: • Performance - Value -added Services and Accurate Fulfillments • Speed- Prompt and On -time, 24 hour Services and Responses • Quality- Quality Works through Management Program • Reliability- Consistent and Predictable Services These principles guarantee our valued customers the full benefits of a performance- oriented, highly- responsive company that consistently performs outstanding work. Our continuous efforts to reinvent and improve ourselves, have allowed us to offer top quality work at a competitive price. Today, we are a premier quality and value -added provider that boasts many loyal clients who have been long satisfied with our responsive services. We maintain a double redundancy at our customer service center to help us respond to any emergency without undue delay. A project - specific supervisor and a service representative are assigned to each client and project, to help facilitate site familiarization and staff /resource management. All our team members and staffs are trained and are familiar with our proprietary "in process" inspection and follow -up procedures to ensure highest quality level of service and maximize customer satisfaction. COMPANY CODE OF CONDUCT We adhere to all published guidelines and recommendations by U.S. Labor Department, the State of California, and the Fair Labor Association, as well as other non - governmental entities. We have taken measures to ensure fair and quality working conditions for those who work for us. The detailed COMPANY CODE OF CONDUCT, which articulates of our company's principles on these important issues, can be obtained through request. We pay our employees competitive and prevailing wage rates and company paid vacations, holidays, sick leave, and health insurance. BBMC also offers personnel a performance incentive program and reward program. 15 L�HB�4 VALUE- ADDED SERVICES Based on our knowledge and experience in dealing with various type of facility maintenance, BBMC is very aware of the significance of the proper floor care and has developed advanced techniques and acquired nationally well known franchised professional services to supplement our facility service solutions, such as Marblelife, EnduraCrete, Gumbusters and Experts Window Wash. See SPECIAL CLEANING SERVICES section. BBMC differentiates itself from other firms in our industry by our performance and ability to meet and exceed our client's specific expectations. BBMC will provide services according to the contract, but has the following value -added services that exceed our client's expectations. BBMC stands behind our services with a 100% service guarantee. • Complete Carpet Care including interim and restorative work. • Hard Floor Care such as strip & wax and sealing of floors including linoleum, terrazzo, natural wood, and quarry tiles. • Marble and stone floor care maintenance, polishing, and renovation.- MARBLELIFE • Concrete floor polishing, staining, and overlayments - ENDURACRETE • Restroom ceramic tile and grout restorations.- MIDAS restoration system. • Gum removal on entry ways, sidewalks, and parking structures- G1RJ'u1,3U5 0 Rs machine and high pressure steam machine. ,,CF 5/yB 16 L A REQUEST FOR PROPOSAL RFP NO. 14 -002 PRCSA FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES FOR CITY OF SANTA ANA PARK FACILITIES KEY RFP DATES: Issue Date: Pre - proposal Conference: Proposal Due Date: February 20, 2014 February 27. 2014 March 26, 2014 at 5:00 p.m. SELL BUILDING MAINTENANCE COMPANY 17 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES PROPOSERS CERTIFICATION AND COST PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for maintaining each of the locations and service categories listed below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. A. PARK RESTROOM -CABIN SERVICES Park Janitorial Maintenance Services RFP 14 -002 Page 18 Park Address Cost /Mo. CostNr. Deviations District A 1 Stadium Press Box 602 N. Flower St. 585 7,020 2 Stadium West Side Restrooms 602 N. Flower St. 360 4,320 3 Stadium East Side Restrooms 602 N. Flower St. 360 4,320 4 Stadium Player Locker Rooms 602 N. Flower St. 520 6,240 5 Stadium Officials Locker Room 602 N. Flower St. 280 3,360 6 Stadium West Side Concession Bldg. 602 N. Flower St. 350 4,200 7 Stadium East Side Concession Bld . 602 N. Flower St. 350 4,200 District 1 1 Campesino 3311 W. Fifth St. 320 3,840 2 Edna 2140 W. Edna Dr. 320 3,840 3 El Salvador 1825 W. Civic Center Dr. 320 3,840 4 Riverview 1817 W. 21st St. 320 3,840 5 Rosita 706 N. Newhope St. 320 3,840 Park Janitorial Maintenance Services RFP 14 -002 Page 18 Park Janitorial Maintenance Services RFP 14 -002 Page 19 Park Address Cost /Mo. Cost/Yr. Deviations District 2 1 Angels 914 W. Third St. 320 3,840 2 Cabrillo 1820 E. Fruit St. 320 3,840 3 Fisher Restroom 2501 N. Flower St. 320 3,840 4 Fisher Cabin 2501 N. Flower St. 320 3,840 5 Logan 1009 N. Custer St. 320 3,840 6 Portola 1700 E. Santa Clara Ave. 320 3,840 7 Santiago RR "A" 2535 N. Main St. 210 2,520 8 Santiago RR "B" 2535 N. Main St. 210 2,520 9 Santiago Cabin 2535 N. Main St. 180 2,160 District 3 1 Delhi 2314 S. Halladay St. 360 4,320 2 Madison 1528 S. Standard St. 360 4,320 3 Memorial 2102 S. Flower St. 360 4,320 4 Sandpointe 3700 S. Birch St. 360 4,320 District 4 1 Adams 2302 S. Raitt St. 360 4,320 2 Centennial "A" 3000 W. Edinger Ave. 250 3,000 3 Centennial "B" 3000 W. Edinger Ave. 250 3,000 4 Centennial "C" 3000 W. Edinger Ave. 250 3,000 5 Centennial HGHS 3000 W. Edinger Ave. 360 4,320 6 DYSC "A" includes locker room and restrooms 3000 W. Edinger Ave. 450 5,400 7 DYSC "B" 3000 W. Edinger Ave. 250 3,000 8 Heritage 4812 W. Camille St. 360 4,320 9 Jerome 726 S. Center St. 360 4,320 Park Janitorial Maintenance Services RFP 14 -002 Page 19 The City reserves the right to delete one or more sites from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Park Address Cost /Mo. CostNr. Deviations 10 Santa Anita 300 S. Figueroa St. 360 4,320 $ 9.00 11 Thornton 1801 W. Segerstrom St. 360 4,320 $ 15.00 12 Windsor 2915 W. LaVerne Ave. 360 4,320 $ 15.00 8 37 Total Totals 12,335 148,020 $ 10.00 The City reserves the right to delete one or more sites from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Labor Hourly Wage 1 Maintenance Supervisor $ 22.00 2 Maintenance Service Leadworker $ 10.50 3 Maintenance Service Laborer $ 9.00 4 Journeyman Electrician $ 28.00 5 Apprentice Electrician $ 15.00 6 Journeyman Plumber $ 28.00 7 Apprentice Plumber $ 15.00 8 Journeyman Painter $ 18.00 9 Apprentice Painter $ 10.00 B. Add -On Services Cost 1 Price By Square Foot Per Month — Park Restroom 1x Day $ 3.00 2 Price By Square Foot Per Month — Park Restroom 2x Day $ 2.75 3 Price By Square Foot Per Month- Cabin $ 2.50 4 Price By Square Foot Per Month- Stadium $ 2.50 3 Price By Square Foot Per Job — Pressure Wash Exterior Surfaces i.e. Walls, Roofs, Entrances, Areas Around Buildin s /Restrooms, Stadium Bleachers, Etc. $ 0.45 Park Janitorial Maintenance Services RFP 14 -002 Page 20 Rm• t VIII. PROPOSAL FORM The undersigned contractor agrees to provide park restroom janitorial services in accordance with the specifications included in Exhibit A. I/We have stated herein the services and fees that I /we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section IV. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. Bell Building Maintenance Name of Contractor Signature of Authorized Rep. (Person, Firm, Corp.) 5170 Sepulveda Blvd. # 180 Los Angeles CA 90280 Bruce M. Hwang, Vice President Address Name and Title (Please Print) March 25, 2014 Address Date 818 - 385 -0790 818 - 385 -0730 Telephone Number Fax Number Park Janitorial Maintenance Services RFP 14 -002 Page 21 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Beferenee Customer Name: Sunkist Grower Contact Individuah Mark Lewis Address: 14130 Riverside Dr. Phone Number: 818 - 986 -4800 Sherman Oaks CA 90280 Contract Amount: $ 124,500 /Annual Year: On Goine since 1990 Description of supplies, equipment, or services provided: Provide janitorial service for last 25 yea Customer Name: City of Covina Address: 534 N. Barranca Covina, CA 91723 Contract Amount: 48,000 / Amrual Contact Individual: Paul Hirtz PhoueNumber: 626 - 858 -7249 Facsimile Number: Year: On Going since Description of supplies, equipment, or services provided: Provide janitorial and related service at the City Hall, Senior Center, Library. ChstomerName: City of Santa Clarita Address: 23920 Valencia Blvd, Santa Clarity Ca 91322 Contract Amount:110,980 / Contact Individual: Ron Fierro Phone Number: 661- 266 -4040 Facsimile Number: Year: On Going since 2001 _ Description of supplies, equipment, or services provided: Provide janitorial and day porter related services THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED Park Janitorial Maintenance Services RFP 14 -002 Page 32 m EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm: Bell Building Maintenance Signed and Printed Name: Bruce Hwang Title: Vice President Date: March 25,2014 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSA miydr MA Ir Park Janitorial Maintenance Services RFP 14 -002 Page 33 MUM EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by Park Janitorial Maintenance Services RFP 14 -002 Page 34 W ,.W rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm: Bell Building Maintenance Signed and Printed Name: Bruce M. Hwang Title: Vice President THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED Park Janitorial Maintenance Services RFP 14 -002 Page 35 m um EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE 1. How many years has your organization been in business in California as a contractor under your present business name and license number? 33 years If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? $ 5.8 million a year 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ❑ No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ❑ No 7. Has your firm ever defaulted on a contract? ❑ Yes ❑ No If "yes," explain on a separate page. 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise Park Janitorial Maintenance Services RFP 14 -002 Page 36 A• •. prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on aproject or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ❑ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. Park Janitorial Maintenance Services RFP 14 -002 Page 37 X I, 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes ❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes ❑ No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ❑ No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED Park Janitorial Maintenance Services RFP 14 -002 Page 38 �XA EXI -11gIT I f CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non - collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non - collusion affidavit. Proposers are cautioned that malting a false certification may subject the certifier to criminal prosecution. State of California, County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 26th day of March, 2014_, by Chan H Yang proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED Park Janitorial Maintenance Services RFP 14 -002 Page 39 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES 11. SAMPLE ADDITIONAL INSURED ENDORSEMENT III. FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company INSURANCELAND This endorsement modifies such insurance as is afforded by the provisions of Policy # GL 7004578 relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 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, 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 March 1, 2014 this endorsement form as a part of Policy # GL7004578 Issued to Bell Building Maintenance Named Insured Countersigned by Authorized Representative Park Janitorial Maintenance Services RFP 14 -002 Page 40 K• t SAMPLE ONLY EXHIBIT C -1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES PROPOSERS CERTIFICATION AND COST PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A -1 and A -2) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for maintaining each of the locations and service categories listed below at the level of quality described in the detailed specifications (Exhibit A -1 and A -2 and all attachments). Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. (1) PARK BUILDING MAINTENANCE SERVICES The City reserves the right to delete one or more sites from this contract with 30 days written notice. Park Janitorial Maintenance Services RFP 14 -002 Page 41 M mil Park Address Cost /Mo. CostNr. Deviations District 1 1 Rosita - Salgado Center 706 N. Newhope St. 450 5,400 2 Rosita - Salgado Pool 706 N. Newhope St. 275 3,300 3 Rosita - Salgado Gym 706 N. Newhope St. 625 7,500 District 2 1 Logan Center 1009 N. Custer St. 395 4,740 2 Santiago Nature Center 510 E. Memory Lane 350 4,200 3 Santiago Lawn Bowling Center 510 E. Memory Lane 295 3,540 District 3 1 Memorial Center 2102 S. Flower St. 275 3,300 2 Memorial Pool 2102 S. Flower St. 650 7,800 3 Sandpointe 3700 S. Birch St. 320 3,840 4 Cypress Center 625 S. Cypress Ave. 450 5,400 Total 4,085 49,020 The City reserves the right to delete one or more sites from this contract with 30 days written notice. Park Janitorial Maintenance Services RFP 14 -002 Page 41 M mil (2) SPECIALIZED SERVICES A. Labor Hourly Wage 1 Maintenance Supervisor $ 22.00 2 Maintenance Service Leadworker $ 10.50 3 Maintenance Service Laborer $ 9.00 4 Journeyman Electrician $ 28.00 5 Apprentice Electrician $ 15.00 6 Journeyman Plumber $ 28.00 7 -Apprentice Plumber $ 15.00 8 Journeyman Painter $ 18.00 9 Apprentice Painter $ 10.00 B. Add -On Services Cost 1 Price By Square Foot Per Month — Building Maintenance $ 0.08 2 Price By Square Foot Per Month — Gym Maintenance $ 0.03 3 Price By Square Foot Per Job — Pressure Wash Exterior Surfaces i.e. Walls, Roofs, Entrances, Areas Around Buildings /Restrooms, Stadium Bleachers, Etc. $ 0.40 Park Janitorial Maintenance Services RPP 14 -002 Page 42 F-1*KI VIII. PROPOSAL FORM The undersigned contractor agrees to provide park restroom janitorial services in accordance with the specifications included in Exhibit A -1 and A -2. I/We have stated herein the services and fees that Uwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section IV. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. Bell Building Maintenance Name of Contractor Signature of Authorized Rep. (Person, Firm, Corp.) 5170 Sepulveda # 180 Sherman Oaks, CA 90280 Bruce M. Hwang Vice President Address Name and Title (Please Print) March 25, 2014 Address Date 818 - 385 -0790 818 - 385 -0730 Telephone Number Fax Number Park Janitorial Maintenance Services RFP 14 -002 Page 43 EXHIBIT D -1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK BUILDING MAINTENANCE SERVICES REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Sunkist Grower Contact Individual: Mark Lewis Address: 14130 Riverside Dr. Phone Number: 818 - 986 -4800 Sherman Oaks CA 90280 Facsimile Number: Contract Amount: $ 124,500 /Annual Year: On Going since 1990 Description of supplies, equipment, or services provided: Provide janitorial service for last 25 yea CustomerName: City of Covina Address: 534 N. Barranca Covina, CA 91723 Contract Amount: 48,000 / Annual Contact Individual: Paul Hirtz Phone Number: 626-858-7249 Facsimile Number: Year: On Going since 2004_ Description of supplies, equipment, or services provided: Provide janitorial and related service at the City Hall, Senior Center, Library . Customer Name: City of Santa Clarita Address: 23920 Valencia Blvd. Santa Clarita, Ca 91322 Contract Amount: 110,980 / Contact Individual: Ron Fierro Phone Number: 661 - 266 -4040 Facsimile Number: Year: On Going since 2001 Description of supplies, equipment, or services provided: Provide janitorial and day porter related services THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED Park Janitorial Maintenance Services RFP 14 -002 Page 33 .� 16 ..M 44 REQUEST FOR PROPOSAL RFP NO. 14 -002 PRCSA FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES FOR CITY OF SANTA ANA PARK FACILITIES I{EY RFP DATES: Issue Date: February 20, 2014 Pre - proposal Conference: February 27. 2014 Proposal Due Date: March 13, 2014 at 5:00 p.m. flX 45 CITY OF SANTA ANA SAMPLE REQUEST FOR PROPOSAL FOR TABLE OF CONTENTS I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 4 VI. SCOPE OF WORK/SERVICES 5 VII. GENERAL INFORMATION 5 VIII. COORDINATION 6 IX. PROPOSER RESPONSIBILITIES 6 X. LICENSE REQUIREMENTS 6 XI. INITIATION /KICK OFF MEETING 6 XII. CITY BUSINESS LICENSE 6 XIII. ADDENDA 6 XIV. RULES FOR PROPOSALS 7 XV. PRE- PROPOSAL CONFERENCE 7 XVI. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 7 XVII. SUBMITTAL INFORMATION AND DEADLINE 7 XVIII. SUBMITTAL REQUIREMENTS 7 XIX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 9 XX. PUBLIC RECORDS 10 XXI. PROTESTS 10 EXHIBIT A SCOPE OF SERVICES 11 (Exhibits B -I have been removed and replaced by proposal completed set) 20 EXHIBIT B SAMPLE AGREEMENT 28 EXHIBIT C PROPOSERS CERTIFICATION AND COST PROPOSAL 32 EXHIBIT D OFFERERS REFERENCES 33 EXHIBIT E PROPOSERS STATEMENT 34 EXHIBIT F CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 36 EXHIBIT G RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 36 EXHIBIT H NONCOLLUSION AFFIDAVIT 40 EXHIBIT I SAMPLE ADDITIONAL INSURED ENDORSEMENT Park Janitorial Maintenance Services RFP 14 -002 Page 3 "P-T, ' CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) for providing park janitorial services in Districts A- 1- 2 -3 -4, and is interested in receiving proposals from contractors for providing parkjanitorial services at 37 park facilities listed in Exhibit C. The detailed specification included as Exhibit A describes the quality of work that is expected from the contractor. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of 24 months with two two -year options to renew. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is May 20, 2014, with a commencement date of June 1, 2014 and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreement may include provision for renewals as set forth in the Scope of Services, attached as Exhibit A. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit C shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a payment bond in the amount of fifty percent (50 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the payment bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to execute the written contract and furnish the required payment bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The payment Park Janitorial Maintenance Services RFP 14 -002 Page 4 "_w bond is to be renewed annually and submitted by the contractor in the amount of 50% of the annual contract amount. VI. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Janitorial Maintenance Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with City residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at pre - proposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. Park Janitorial Maintenance Services RFP 14 -002 Page 5 A A -J VIII. COORDINATION Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, local and /or state agency boards, and attendance at City Commission, Agency, and Council meetings,. The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. IX. PROPOSER RESPONSIBILITIES X. The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a valid California C27 Contractor's license. XI. INITIATION /KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. XII. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XIII. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. Park Janitorial Maintenance Services RFP 14 -002 Page 6 M KIM XIV. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibit H). XV. PRE- PROPOSAL CONFERENCE A pre - proposal conference is scheduled for Thursday. February 27, 9:00 a.m. at the City of Santa Ana Corporate Yard, Administration Building, 220 S. Daisy Ave., 2nd floor Training Room, Santa Ana, CA 92703. The meeting will include a brief discussion of the specifications and will be followed by a question- and - answer session and job walk. All questions must be submitted in written form. After the pre - proposal conference, City will respond by posting and addendum on the City website (santa - ana.org /bids -rfp). It is highly recommended that proposer operation /field supervisors attend this meeting. XVI. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at santa- ana.org /bids -rfp. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager no fewer than five (5) calendar days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XVII. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XVIII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. One (1) original of the response to the RFP shall be signed by a company official with the power to bind the company. Park Janitorial Maintenance Services RFP 14 -002 Page 7 W11 B. Six (6) copies shall also be provided. C. One (1) pdf copy of the submittal on a compact disc, USB flash drive or equivalent. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and sub - consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to implement the project. 4. Proposal Deposit (Bid Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal in Exhibit C. B. EXHIBIT C — PROPOSERS CERTIFICATION AND COST PROPOSAL C. EXHIBIT D — REFERENCES — The Proposer shall submit a list of agencies, past and present, for which you have provided work similar to the scope identified in this RFP (Exhibit A) within the last 5 years. D. EXHIBIT E - PROPOSERS STATEMENT E. EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR F. EXHIBIT G — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE G. EXHIBIT H — NONCOLLUSION AFFIDAVIT H. The proposal must be completely responsive to the RFP. Any deviations to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. Park Janitorial Maintenance Services RFP 14 -002 Page 8 29K26i The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted proposals. XIX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: 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. Qualifications of certified irrigation techs assigned to this job, and number of FTE's assigned. Required documentation must be submitted with proposal. 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 6. List of equipment by manufacturer's name, model number, hours in service and attachments to be used during the agreement period. 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 Frank Hernandez, via email at fhernandez @ santa - ana.org. Park Janitorial Maintenance Services RFP 14 -002 Page 9 The proposals will be reviewed by a committee of City team members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interviews or further discussions. XX. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. XXI. PROTESTS Bidders may file a "protest" of a RFP with the City's Purchasing Department. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) business days of either the RFP posted date or before 5:00 p.m. of the 5th business day following the posting of Bid Results /Notice of Intent to Award Contract on the City's website; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested; D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within fourteen (14) calendar days. The protestor may then appeal the decision of the Purchasing Manager to the Assistant Finance Director within five (5) calendar days of the date of the written decision from the Purchasing Manager. The Assistant Finance Director will provide a written decision to the protestor's appeal. The decision from the Assistant Finance Director is final and no further appeals will be considered. Park Janitorial Maintenance Services RFP 14 -002 Page 10 F T EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for providing park janitorial maintenance services. I. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City Representative's Authority The City's Representative 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 City's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the City's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the City's Representative 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 City's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his /her discretion. 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 City's Representative 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 City's Representative, 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 Park Janitorial Maintenance Services RFP 14 -002 Page 11 MOM 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 City's Representative: 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) type and quantities of 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 City's Representative 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, contractor's license number and contact information 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. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, excavation /trenching /shoring, confined space and hazardous waste identification and transport. 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. 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 Park Janitorial Maintenance Services RFP 14 -002 Page 12 "UMM 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. 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. H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets without obtaining a permit. 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. All traffic control work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, J. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) number of employees, employees daily work schedule by location and crew /task(s);2) recycled waste report; and, 3) material use report. K. WATER COST Park Janitorial Maintenance Services RFP 14 -002 Page 13 1 Al, City will pay for water used by Contractor pursuant to this agreement. Should the amount of water applied be considered excessive and the City Representative can quantify what is considered normal water use from excessive then the Contractor shall pay the cost of the excess water. Il. JANITORIAL MAINTENANCE SPECIFICATIONS A. DEFINITIONS 1. "City's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. "Cleaning" shall mean the practice of thoroughly removing all stains, foreign materials, mineral deposits, etc. to achieve a high quality "like new" appearance. 3. "Sanitizing" shall mean to disinfect (eradicate disease causing agents) by use of germicidal or other approved disinfecting products. 4. "Polishing" shall mean, following cleaning, using products to enhance the "shine" of the surface being polished. 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, chemicals and other items needed to perform high quality park janitorial maintenance pursuant to the terms defined herein. The Contractor shall provide all park janitorial maintenance at work sites listed herein, including, but not limited to cleaning, scrubbing, polishing, toilets, urinals, doors, walls, floors, ceilings, windows, partitions, dispensers, hand rails plumbing fixtures, and replacing burned out lights, lens covers, removing foreign materials i.e. paper wads stuck to ceilings, walls, etc. In addition, the Contractor shall clean the exterior of the building surfaces including the walls, roof, windows, etc. and, other services required to maintain the work sites in a safe, attractive and useable condition. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks facilities to the quality described in these specifications and interpreted by the Director's Representative. C. AGREEMENT START -UP Beginning from the start date of the agreement the Contractor shall have one month to visit each building and park restroom to provide a one -time start -up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality of janitorial maintenance to the level specified in the agreement/specifications. Following the Contractor's start -up at each building /park restroom, the City representative will meet with the Contractor to inspect the facility and either approve or cite the areas within the specifications where the Contractor shall provide further quality janitorial maintenance. If at the end of the one month start -up period the Contractor has not completed the start -up service to the satisfaction of the City's representative, the City shall Park Janitorial Maintenance Services RFP 14 -002 Page 14 .; withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will hire another Contractor to complete the start -up to the satisfaction of the City's Representative. D. BUILDING SECURITY The Contractor's shall provide the City at the beginning of the agreement a matrix listing the name of his /her custodians, what buildings they will service, what time the buildings will be serviced, what vehicles they drive (make, model and license number). This information will be copied to the Santa Ana Park Rangers and the Santa Ana Police Department for security purposes. The contractor shall keep all exterior doors locked during the performance of work or as otherwise directed and shall ensure that all doors are locked at the end of the shift unless otherwise noted. Offices with security systems shall have them activated immediately after work is completed in that area. The Contractor shall be responsible for any lost keys, card keys and any inherent damages (i.e., re- keying of whole facility). This cost shall be withheld from contractor's payment(s). The decision to re -key the whole facility is solely that of the City's Representative. E. EQUIPMENT USAGE There shall be no usage of City equipment, telephones, or facilities by the contractor's staff. The City may ask the contractor to remove staff from the site if they are found to be in violation of this policy. Electrical power (110) volts will be furnished by the City at existing power outlets for the contractor's use to operate such equipment as is necessary in the conduct of his work. The Contractor shall be responsible for any damage caused to the electrical outlets and their covers caused by the improper disconnection of equipment. Cold water will also be made available as necessary for cleaning. F. 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 City's Representative 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 City's Representative 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. 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. City will pay up to 15% mark -up on parts and materials. Park Janitorial Maintenance Services RFP 14 -002 Page 15 G. 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: (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. Scheduling of Work — Routine Maintenance a) The Contractor shall provide park janitorial maintenance between in the evening hours and be responsible for locking up the restrooms at the designated park closing time Monday through Sunday. The schedule may be modified at the City Representative's request. 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 City's Representative each month. A copy of these schedules shall be provided to the City's Representative prior the performance, and any changes in scheduling shall be reported in writing. 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 City's Representative in writing before any changes are made. Work Force a) Contractor's supervisory personnel (Supervisors) shall have a combination of five years' experience or education in Building Engineering /Maintenance Services, Mechanical Engineering, or related science. Supervisors shall also possess janitorial management skills required to implement modern methods and newly developed janitorial maintenance procedures and /or practices. Supervisors shall accompany the City's Representative 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. b) The City's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contract employee is not performing to the satisfaction of Park Janitorial Maintenance Services RFP 14 -002 Page 16 R M� the Director, the Director shall require the 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. 4. Trash Disposal and Recycling All waste shall be removed from the park site /facilities daily and disposed of in the Contractor's waste receptacles As an alternative, the City may allow Contractor to dispose of waste and trash in bins provided by the City. The City will determine the amount of 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 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. H. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit C. Daily Cleaning Schedule — Restrooms, Showers and Locker Rooms. a) Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model dispensers to Park Maintenance specifications upon discovery. Dispensers will be provided by the City. b) Flush toilets and urinals prior to finishing and add approved products. c) Check toilets and urinals for stoppages and use plunger and /or hand auger to unplug. Note that the should the Contractor be unsuccessful in unplugging the toilet or urinal causing the City to unclog the unit, and the clog is unplugged by plunger and /or hand auger, the cost for this service will be deducted from the Contractor's next monthly invoice. d) If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the City's Representative immediately. Park Janitorial Maintenance Services RFP 14 -002 Page 17 ►A'C• 11 e) Remove all stains, dust, litter, debris and otherwise foreign matter on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. f) Empty, clean and sanitize receptacles inside and out. g) Sweep and mop entire floor with approved germicidal cleanser /solution. Hosing out restrooms is not an acceptable practice. h) Clean and sanitize all surfaces, including walls, doors, partitions, door /window jambs, vents, light fixtures, ceilings, etc. Tile floors and walls shall be cleaned and polished. i) Clean, sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. Polish all metal fixtures surfaces, inside and out, including but not limited to toilets, urinals, plumbing, sinks, flush valves, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. j) Clean and disinfect benches using approved germicidal cleanser. m) Inspect and replace burned out lights at the Contractor's expense inside and outside the building using approved products. k) Clean and disinfect lockers (inside, outside and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 1) Clean and sanitize shower walls, fixtures and curtains using approved germicidal cleanser. m) Pick -up, clean, sanitizes and removes trash and debris, including but not limited to feces, urine, paper, within 10' feet of the building in each direction. n) Clean exterior of the building free of all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. o) Turn off lights once work is completed. 2. Weekly Cleaning Schedule — Restrooms, Showers and Locker Rooms a) Polish all tiles surfaces using approved product to achieve a high quality appearance. b) Inspect shower curtains. If curtains are worn, the Contractor shall replace them at his own expense with a shower curtain product acceptable to the City's Representative. Park Janitorial Maintenance Services RFP 14 -002 Page 18 flX g �I c) Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. 3. Monthly Cleaning Schedule — Restrooms, Showers and Locker Rooms a) Clean and resurface floor surfaces using approved products per the manufacturer's specifications. b) Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. c) Pressure wash all exterior wall and pavement surfaces to remove dirt, dust, debris, stains, etc. to within 10' of the building. 4. Bi- Annual Cleaning Schedule a) Pressure wash roofs to remove dirt, dust, debris, stains, etc. 5. Approved Park Restroom Supplies a) Toilet Tissue - Acclaim White Singlefold Interfolded Bath Tissue item # 10101 —00 b) Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches. 6. Approved Cleaning Supplies a) For cleaning urinals and commodes Colossus #160S b) For cleaning polished and brushed chrome Sheila Shine C) Metal /Chrome polish Sheila Shine d) Disinfectant Versatile #180 Park Janitorial Maintenance Services RFP 14 -002 Page 19 I ADDENDUM NO.1 REQUEST FOR PROPOSAL FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES FOR DISTRICT 1- 2 -3 -4 -A RFP REFERENCE NO: 14 -002 ** *REVISED DATE DUE: MARCH 24, 2014- 5:00pm * ** Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and /or deletions, in the specifications to RFP NO: 14 -002 FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES FOR DISTRICT 1- 2- 3 -4 -A. This addendum shall become a part of the original Request for Proposal due by the REVISED due date of March 24, 2014 at 5:00 p.m. This addendum is provided in response to questions asked at the pre - proposal conference conducted on February 27, 2014. 1. Request For Proposal, Item X. License Requirements has been revised as follows: a. Add City Business License and Federal Tax Identification Number. b. Delete California C27 Contractor's license 2. Request For Proposal, Item XIX. Contractor Selection — Proposal and Evaluation has been revised as follows: a. Add 1. Ability of contractor and his /her "pressure washing suh- contractor" to... b. Delete ball diamond infield sub - contractor. 3. Request For Proposal, Table of Contents has been revised as follows: a. Add Attachment 1, Sub - Contractor Pressure Wash Maintenance b. Add Attachment 2, City of Santa Ana Park Services Janitorial Maintenance Standards (Attachment 2, has been provided in an electronic format to the Company) 4. Exhibit A Description and Scope of Work, H. Routine Maintenance has been revised as follows: a. Add 1. Daily Cleaning Services — "Offices, Stadium Press Box, Closets, Storage Rooms," Restrooms, Showers and Locker Rooms b. Add 2. Weekly Cleaning Services — "Offices, Stadium Press Box, Closets, Storage Rooms," Restrooms, Showers and Locker Rooms c. Add 3. Monthly Cleaning Services — "Offices, Stadium Press Box, Closets, Storage Rooms," Restrooms, Showers and Locker Rooms I Add 4. Bi- Annual Cleaning Services — "Offices, Stadium Press Box, Closets, Storage Rooms," Restrooms, Showers and Locker Rooms 5. Exhibit A Description and Scope of Work, H. Routine Maintenance, 1. Daily Cleaning Services — Restrooms, Locker Rooms and Showers has been revised as follows: a. Add p) Clean and polish exterior of the building amenities (attached) including but not limited to drinking fountains, lights, Knox boxes, plaques, windows (except Stadium Press Box), etc. of dirt, grime, all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. b. Add q) Clean interior windows free of dirt, grime, tape, smudges, streaks, etc. to achieve a clear glass condition. This includes Stadium Press Box. 6. Exhibit A Description and Scope of Work, H. Routine Maintenance, 3. Monthly Cleaning Schedule — Restrooms, Showers and Locker Rooms has been revised as follows: a. Add d) Scrub floors and base boards completely clean of dirt, grim, stains, etc. using a power walls- behind floor scrubber and hand held power scrubber being careful not to damage flooring. 7. Exhibit A Description and Scope of Work, H. Routine Maintenance, 4. Bi- Annual Cleaning Schedule — Restrooms, Showers and Locker Rooms has been revised as follows: a. Add d) Clean exterior of Stadium Press Box windows free of dirt, grime, tape, smudges, streaks, etc. to achieve a clear glass condition. Should you have any question, or require additional information, please contact Frank Hernandez, (714) 571 -4218, fhernandez(c,santa- ana.org. � , . ATTACHMENT NO. 1 SUB - CONTRACTOR PRESSURE WASH MAINTENANCE DISTRICTS 1- 2 -3 -4 -A 1.0 Scope of Work 1.1 City Business License and Federal Tax Identification Number are required for pressure washing contractors specializing in pavement and surface high - pressure and high -heat cleaning services. 1.2 REQUIRED SUB - CONTRACTORS Contractor shall enter into separate agreements with one of the contractors listed below. These sub - contractors shall perform all pressure washing - cleaning specialized maintenance in accordance with this specification. • BCGR LLC Mark Wetherall 9 Calvados Newport Beach, CA 92657 949.292.7693 • Hydroblast Steve Amman 726 W. Angue Ave, Unit G Orange, CA 92868 714.639.8518 Other companies interested in becoming a subcontractor may do so by demonstrating to the City equal or better equipment, staff and can demonstrate a history of providing equal high - quality pressure- washing - cleaning services in other cities may be considered. 1.3 EQUIPMENT Contractor shall use a Landa Pressure Washer with the following specifications or greater: • ECOS filtered reclaim water vacuum system • PDHW diesel hot water pressure washer • Delivers 3,500 psi with a 4.7 GPM flow rate • Heater that will deliver over 180 degree water and steam • Kubota electric start engine with tri- plunger belt drive Landa LT pump warrantied for 7 years • 400 gallon water storage tank 1.4 Operators shall have a minimum of 3 years of experience performing quality pressure washing - cleaning services. MI •. ADDENDUM NO.2 REQUEST FOR PROPOSAL FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES FOR DISTRICT 1- 2 -3 -4 -A RFP REFERENCE NO: 14 -002 ** *REVISED DATE DUE: MARCH 26, 2014- 5:00pm * ** This addendum is provided in response to questions received. 1. On page 11 it says the Contractor shall maintain a physical office within the 714 area code. Can it also be 949? The physical office does not need to be within the 714 area code, but the selected contractor does need to be able to respond to issues within a reasonable time period. 2. Page 17: Trash Disposal and Recycling. Can you explain more about the waste? Do we have a location where the trash can be dumped at City facilities? Currently the City does not have a location to dump both trash and recycled waste. The contractors are therefore required to haul trash away and dispose waste offsite. 3. Is there a storage area for all of the paper supplies at each location? Yes 4. Page 18: Section m: Are we required to purchase the light bulbs at all locations or it is at our expense to just insert the lights? Contractors are required to purchase and replace burned out lights at their own expense. This negates any loss of time from the City providing the lights to the contractor. Furthermore, the City will approve any energy conserving light that illuminates a "white" tight. 5. Who is going to provide all the consumable supplies? Example: Paper towels, toilet paper, soap, seat covers and trash can liners? These items are to be provided by contractors 6. Are we only required to clean the two restrooms at each park? What about the other buildings at some of the parks? Just the restrooms, with exception to the Dan Young Soccer Complex which has shower/locker rooms, the Stadium which has team shower/locker rooms /official locker room /press box and the buildings /gyms identified in this addendum. This addendum adds Exhibit A -1 Park Building Maintenance Services and Exhibit A -2 Gymnasium Maintenance Services scope of work. The specifications to maintain these newly added buildings are a part of this addendum. Additionally, Exhibits C -1 and D -1 are added to this addendum and are required to be submitted along with Exhibit C and D. (Exhibits C -1 and D -1 have beend removed and replaced by Proposal completed set) EXHIBIT A -1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK BUILDING MAINTENANCE SERVICES SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for providing park janitorial maintenance services. I. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City Representative's Authority The City's Representative 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 City's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the City's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the City's Representative 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 City's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his /her discretion. 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 City's Representative 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 City's Representative, 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 Park Janitorial Maintenance Services RFP 14 -002 MWI 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 City's Representative: 1) a detailed annual, monthly and weekly work schedule consistent with task frequencies in Exhibit A -1; 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) type and quantities of 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 City's Representative 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 vuith 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, contractor's license number and contact information 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 City Representative may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, excavation /trenching /shoring, confined space and hazardous waste identification and transport. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: 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 City Representative of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Park Janitorial Maintenance Services RFP 14 -002 M W 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. 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. H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets without obtaining a permit. 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. All traffic control work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) number of employees, employees daily work schedule by location and crew /task(s);2) recycled waste report; and, 3) material use report. J. WATER COST Park Janitorial Maintenance Services RFP 14 -002 W Vo City will pay for water used by Contractor pursuant to this agreement. Should the amount of water applied be considered excessive and the City Representative can quantify what is considered normal water use from excessive then the Contractor shall pay the cost of the excess water. II. JANITORIAL MAINTENANCE SPECIFICATIONS A. DEFINITIONS 1. "City's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 2. "Cleaning" shall mean the practice of thoroughly removing all stains, foreign materials, gum, mineral deposits, etc. to achieve a high quality "like new" appearance. 3. "Sanitizing" shall mean to disinfect (eradicate disease causing agents) by use of germicidal or other approved disinfecting products. 4. "Polishing" shall mean, following cleaning, using products to enhance the "shine" of the surface being polished. 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, chemicals and other items needed to perform high quality park janitorial maintenance pursuant to the terms defined herein. The Contractor shall provide all park building janitorial maintenance at work sites listed herein, including, but not limited to cleaning, scrubbing, polishing of windows, desks, cabinets, computers, phones, kitchen appliances, hanging amenities (clocks, pictures, Knox boxes, etc.),toilets, urinals, doors, walls, floors, ceilings, windows, partitions, dispensers, hand rails plumbing fixtures, and replacing burned out lights, lens covers, removing foreign materials i.e. paper wads stuck to ceilings, walls, etc. In addition, the Contractor shall clean the exterior of the building surfaces including the walls, roof, windows, etc. and, other services required to maintain the work sites in a safe, attractive and useable condition. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks facilities to the quality described in these specifications and interpreted by the City's Representative. C. AGREEMENT START -UP Beginning from the start date of the agreement the Contractor shall have one month to visit each building and park restroom to provide a one -time start -up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality of janitorial maintenance to the level specified in the agreement/specifications. Following the Contractor's start -up at each building /park restroom, the City Representative will meet with the Contractor to inspect the facility and either approve or cite the areas within the specifications where the Contractor shall provide further quality janitorial maintenance. If at the end of the one month start -up period the Contractor has not completed the start -up service to the satisfaction of the City's Representative, the City shall Park Janitorial Maintenance Services RFP 14 -002 rl Ml withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will hire another Contractor to complete the start-up to the satisfaction of the City's Representative. D. BUILDING SECURITY The Contractor's shall provide the City at the beginning of the agreement a matrix listing the name of his /her custodians, what buildings they will service, what time the buildings will be serviced, what vehicles they drive (make, model and license number). This information will be copied to the Santa Ana Park Rangers and the Santa Ana Police Department for security purposes. The contractor shall keep all exterior doors locked during the performance of work or as otherwise directed and shall ensure that all doors are locked at the end of the shift unless otherwise noted. Offices with security systems shall have them activated immediately after work is completed in that area. The Contractor shall be responsible for any lost keys, card keys and any inherent damages (i.e., re- keying of whole facility). This cost shall be withheld from contractor's payment(s). The decision to re -key the whole facility is solely that of the City's Representative. E. EQUIPMENT USAGE There shall be no usage of City equipment, telephones, or facilities by the contractor's staff. The City may ask the contractor to remove staff from the site if they are found to be in violation of this policy. Electrical power (110) volts will be furnished by the City at existing power outlets for the contractor's use to operate such equipment as is necessary in the conduct of his work. The Contractor shall be responsible for any damage caused to the electrical outlets and their covers caused by the improper disconnection of equipment. Cold water will also be made available as necessary for cleaning. F. 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 City's Representative 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 City's Representative 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. 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. City will pay up to 15% mark -up on parts and materials. Park Janitorial Maintenance Services RFP 14 -002 G. 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: (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 the City Representative that one of the above occurred in order to be excused from performing under the Agreement. Scheduling of Work — Routine Maintenance a) The Contractor shall provide park janitorial maintenance in the evening hours and be responsible for locking up the buildings at the designated park closing time Monday through Sunday. The schedule may be modified at the City Representative's request. 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 City's Representative each month. A copy of these schedules shall be provided to the City's Representative prior the performance, and any changes in scheduling shall be reported in writing. 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 City's Representative in writing before any changes are made. Work Force a) Contractor's supervisory personnel (Supervisors) shall have a combination of five years' experience or education in Building Engineering /Maintenance Services, Mechanical Engineering, or related science. Supervisors shall also possess janitorial management skills required to implement modern methods and newly developed janitorial maintenance procedures and /or practices. Supervisors shall accompany the City's Representative 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. b) The City's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contract employee is not performing to the satisfaction of Park Janitorial Maintenance Services RFP 14 -002 the City Representative, the City Representative shall require the Contractor to remove any employee from work sites at his or her discretion. 3. Materials a) The Contractor shall submit to the City Representative 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. 4. Trash Disposal and Recycling All waste shall be removed from the park site /facilities daily and disposed of in the Contractor's waste receptacles As an alternative, the City may allow Contractor to dispose of waste and trash in bins provided by the City. The City will determine the amount of 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 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. H. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit C -1. SPECIAL NOTICES-All furniture moved by the Contractor's employees during the performance of any services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work areas shall be denoted as such. Work areas and equipment shall remain under this state /condition until all work is complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution — Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. Daily Cleaning Schedule a) Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model dispensers to Park Janitorial Maintenance Services RFP 14 -002 /1 Park Maintenance specifications upon discovery. Dispensers will be provided by the City. b) Flush toilets and urinals prior to finishing and add approved products. Replace waterless urinal filters with approved urinal manufacturer's cartridges as often as necessary to prevent foul odors and urine back -up. c) Check toilets and urinals for stoppages and use plunger and /or hand auger to unplug. Note that the should the Contractor be unsuccessful in unplugging the toilet or urinal causing the City to unclog the unit, and the clog is unplugged by plunger and /or hand auger, the cost for this service will be deducted from the Contractor's next monthly invoice. d) If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the City's Representative immediately. e) Remove all stains, dust, litter, debris and otherwise foreign matter on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, windows, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. f) Empty, clean and sanitize receptacles inside and out. Replace plastic waste receptacles liners so they are neat in appearance. g) Carpeting & Rugs- Vacuum all carpeted -rug areas wall -to -wall including areas immediately adjacent walls and other obstacles. Contractor may elect to sweep these areas out by hand first before vacuuming. h) Tile and other resilient floors and walls shall be swept, mopped using approved germicidal cleansers, and buffed /polished to a non - streaked consistent in appearance luster. i) Clean, dust and sanitize all surfaces inside and out, including walls, blinds, drapes, book cases, books, doors, partitions, door /window jambs, vents, light fixtures, ceilings, windows, window sills, mirrors, computers, telephones, speakers, wall boards, pictures, etc. j) Clean, sanitize interior and exterior of kitchen appliances, cabinets, washbasins, floor drains, and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. Polish all metal fixtures surfaces, inside and out, including but not limited to toilets, drinking fountains, urinals, plumbing, sinks, flush valves, kitchen vent hoods, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. k) Kitchens & break rooms -Wash and dry dishes and put away. Clean and sanitize counter tops, tables (surface and hardware, legs, etc.), vending machines, display cases, etc. Park Janitorial Maintenance Services RFP 14 -002 Furniture - Clean, dust, vacuum, disinfect and polish furniture including but not limited to chairs, tables, cabinets, computers, televisions, exterior of potted plant pots, etc. using approved germicidal cleanser. m) Lamps (lighting replacement)- Inspect and replace burned out interior and exterior lights at the Contractor's expense using approved products. n) Locker Room -Clean and disinfect lockers (inside, outside and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. Clean, sanitize and polish wood benches and metal hardware. o) Showers -Clean and sanitize shower walls, fixtures and curtains using approved germicidal cleanser. p) Exterior of Building- Pick -up, clean, sanitizes and removes trash and debris, including but not limited to feces, urine, paper, within 10' feet of the building in each direction. q) Exterior Building Service -Clean exterior of the building free of all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. r) Outside Patios, Balconies and Building Entryways- Remove cobwebs from overhead surfaces, lights and other amenities affixed to the building entryway areas. This would include cleaning the exterior of glass and metal doors, door thresholds and hardware. Remove any litter, cigarette butts or bird droppings. S) Entrance Glass, Mirrors and Workstation Glass- Thoroughly clean both sides of all surrounding building entry door glass and entry doors for a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc. Remove any paper and /or tape. Clean all mirrors in restrooms, locker rooms and fitness center in the same manner as noted above. Spot clean workstation and /or partition glass daily as needed. t) Entrance Mats - Remove moisture, wet or dry soil, and any debris from carpeted, rubber and /or other material mats. Ensure mats are properly positioned on the floor. u) Stain Removal on Carpet, Upholstery, Partition Panels and Walls -Clean and /or remove all stains as quickly as they are discovered so as not to allow them to set into the fabric. If the stain is a coffee spill, use a contractor - supplied product similar to Interface Coffee Breaker and follow the manufacturer's recommended procedures. Do not blot or attempt to extract. Simply spray the affected area(s). V) Remove slap tags, graffiti and any other materials used to deface the building and it amenities. w) Turn off lights once work is completed. Park Janitorial Maintenance Services RFP 14 -002 M • •. 2. Weekly Cleaning Schedule a) Spray and Buffing of Hard Floors -Clean and restore a uniform glass and protective finish to resilient tile or terrazzo floors that are finished with a floor finish. All chairs, trash receptacles, etc., shall be tilted or moved where necessary to spray buff underneath. The entire floor shall have a uniform coating of floor finish. All spray buff solution shall be removed from baseboards, furniture, trash receptacles, etc. b) Dusting of Ceiling, Atrium Ledges, Lunchroom Drywall Ledges and HVAC Wall Vents -Clean all HAVAC vents and area immediately surround them. Dust all atrium ledges at the glass /wood railing areas and at the atrium stairs. Dust lunchroom drywall edges. Care shall be taken not to spread dust into the air. c) High Dusting- Remove dust, cobwebs, oily film, etc., from all fixtures and surfaces above 11 feet from the floor surface. This would include lights, grills, light fixtures, pipes, sprinkler systems, cables, ledges, walls, atrium wood and ledges, ceilings, vents, etc. Care shall be taken not to spread dust into the air. d) Inspect shower curtains. If curtains are worn, the Contractor shall replace them at his own expense with a shower curtain product acceptable to the City's Representative. e) Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. 3. Monthly Cleaning Schedule a) Carpeted Floors -Pile lift carpet floors in all areas. b) Carpeted Floors — Bi- Monthly* - Spin bonnet all carpeted floors every two (2) months. *(calculate to monthly cost for bidding purposes). January; March; May; July; September and November. c) Tile Floors -Spray buff all tile floors. Clean and resurface floor surfaces using approved products per the manufacturer's specifications. d) Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. e) Pressure -wash all exterior wall and pavement surfaces to remove dirt, gum, dust, debris, stains, etc. to within 50' of the building. 4. Quarterly Cleaning Schedule Park Janitorial Maintenance Services RFP 14 -002 n 1, a) Tile Floors — Strip and wax all tile floors quarterly. *(calculate to monthly cost for bidding purposes) 5. Bi- Annual Cleaning Schedule a) Clean roofs free of leaves and all other debris. b) Pressure wash metal roofs to remove dirt, dust, debris, stains, etc. c) Carpeted Floors — Semi - Annually* - Extract clean carpeted floors two (2) times per year. *(calculate to monthly cost for bidding purposes) April and October 6. Approved Supplies a) Toilet Tissue - Acclaim White Singlefold Interfolded Bath Tissue item # 10101 —00 b) Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches. 7. Approved Cleaning Supplies a) For cleaning urinals and commodes Colossus #160S b) For cleaning polished and brushed chrome Sheila Shine C) Metal /Chrome polish Sheila Shine d) Disinfectant Versatile #180 Park Janitorial Maintenance Services RFP 14 -002 Exhibit A -2 Gymnasium Maintenance Services Gvmnasium Floor Maintenance - Dail A high level appearance and a safe surface underfoot requires scheduled, daily preventive maintenance. Matting Contractor shall provide and replace as often as necessary U.S. Matt & Rubber Corporation entrance guard mats (or approved equal) at each outside and inside entry door directly leading into the gymnasium. The mats will be sized to cover the entire width of all doors in order to protect the gymnasium floor from dirt, moisture and other materials harmful to the gymnasium floor. Dust Mopping An essential element of preventive maintenance of wood sports flooring is daily dust mopping. The contractor shall use Algoma Mop Manufacturers "Mariner" mops (or approved equal) that has been treated with Hillyard Super Hil- Tone®, Hil- Mist ®, or Hil- Treat®, to remove dirt and grit that acts like sandpaper underfoot in wearing away the gloss and protective coating on the flooring. The contractor shall clean the entire gymnasium wood floor surface daily. The contractor shall treat the dust mops by following the label directions. Never treat a dust mop and immediately use it. The contractor shall always brush out or vacuum the dust mops after each daily use, retreat the mop, and hang overnight for the next day's use. Spot Mopping and Damp Mopping The contractor shall also provide daily preventive maintenance of gymnasium wood sports flooring by removing spills and soil that daily dust mopping does not remove. It is important to remove spills as soon as possible to prevent slips and falls. For removal of blood, fecal matter, urine, and other potentially infectious materials as outlined in OSHA Regulation 29 CFR 1910.1030, the contractor shall use the Hillyard Bodily Fluid Disposal Kit (Item No. HIL0018204) Tools Required • "Wet Floor" signs • Mop bucket with wringer • Clean rayon mop with handle • Autoscrubber • Hillyard Super Shine -AII@ Procedures Park Janitorial Maintenance Services RFP 14 -002 • Set out "Wet Floor" signs. • Mix Super Shine -All at 2 oz. per gallon of water in a mop bucket, or 1 oz. per gallon in an autoscrubber. • For spills, soak mop in the solution, wring out, and mop the floor area while absorbing the spill. • Re -soak the mop in the cleaning solution, wring out, and mop the area a second time. • When damp mopping the entire floor, change the cleaning solution when it becomes cloudy with dirt. NOTE: Do not mop heavy amounts of cleaning solution onto the floor. • If autoscrubbing, use a new white pad. • Allow the floor to dry thoroughly before removing "Wet Floor" signs. Spot Removal • Remove heel marks, gum, stains, etc. daily being careful to not damage the floor. Areas affected by removal of marks, gum, stains, etc. shall be refinished following Hillyard's refinishing specifications. Gymnasium Floor Maintenance — Bi- Weekly • Mop the entire gym floor once every two weeks using a ratio of 1 gallon warm water to 1 cup white vinegar to 1 cup of rubbing alcohol. Change water frequently to avoid mopping with dirty water, thereby, spreading dirt and grime around the gym floor. Gymnasium Maintenance Daily Maintenance 1. Clean walls and doors free of smudges, ball marks, and any other marks. 2. Clean any fixtures and /or appurtenances by wiping them free of marks, dust or any other unclean material. 3. Clean bleachers of trash, spills, stains, dust, dirt etc. Wipe down bleachers handrails. 4. Clean, sanitize and polish all steel surfaces including but not limited to metal hardware, door handles /plates, etc. 5. Clean all interior and exterior door glass. 6. Polish all panic bars and kick rails. Weekly Maintenance 1. Clean up and organize storage areas. 2. Dust off vents and other appurtenances up to 12' high. 3. Clean and disinfect wall coverings dust, marks, etc. up to 12' high 4. Clean up and organize the storage area. Park Janitorial Maintenance Services RFP 14 -002 M• 5. Dust off vents and other appurtenance above 12' high. 6. Wipe down baseboards free of dust, marks, etc. 8. Clean walls above 12' high. Yearly Maintenance 1. Dust off and clean hanging ducts, score boards, etc. Park Janitorial Maintenance Services RFP 14 -002 ADDENDUM NO. 3 REQUEST FOR PROPOSAL FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES FOR DISTRICT 1- 2 -3 -4 -A RFP REFERENCE N0: 14 -002 This addendum is provided in response to questions received. Questions Received in Black Answers in Red Stadium Are we cleaning the seating area inside the stadium. If so that's at least three days Yes, seats, concrete, seating hardware, etc. If I'm not mistaken the entrance is to the restrooms, concession stands etc.. are asphalt. Yes, these areas are asphalt so BCGR or Hydroblast will be careful. These areas accumulate dirt, grime, stains, bird droppings. Therefore the need to clean them as well. The only concrete, other than the seating inside the stadium, is the stairs up to the press box. There are areas around the main concession stand, inside the east and west concession stands, and the entrances to the east and west side restrooms. Also, we never saw the Gym at the stadium. There is not a gym at the Stadium Are all roofs to be cleaned? .......... flat vs, the vs. metal etc.. metal roofs only District 1 Campesino Park. Is itjust the restroom building? Is the hand ball court included? just the restroom El Salvador Park Does this include thefollowing The concession building with concrete bleachers attached, the main community building that incorporate the pool and the double restroom building just north of the community building? just the restroom bldg Riverview Park. Along with the main building (with attached vines), next to the street is building across (next to the basketball courts) also included? just the restroom bldg. Rosita Park. Is it just the concession /restroom building (next to the baseball fields) or is the community center as well. Or is it the concession and the bleachers? just the restroom bldgfor the Exhibit A bid, The center /gym for Exhibit A- 1 &A -2. M . �: ` District2. Angels Community Park. Just the one building, next to the apartments? Yes Cabrillo Park. Just the main building in front the baseball fields 3rd base? Yes Fisher Park Cabin and restrooms 1.5 hours Yes Logan Park Just the main building or does it also include the handball courts? ExhibitA -A1 & A2 restrooms /center -no handball courts Portola Park. Just the two buildings? One off Portola Ave. and the one behind the baseball fields. Just the restroom bldg -not the small rec bldg by the basketball courts. District 3 Delhi Park Just the restrooms off Halladay St.? Yes Madison Park. Just the building between the four square play area and the baseball field? Yes Memorial Park Is it just the restroom buildings (I believe there are 3)? There are multiple buildings around this park, restrooms, storage shed, community building, outdoor theatre. The center area as part of Exhibit Al and ExhibitA for the park restrooms —LL concession stand and band shelter not included. Sandepointe Just the two buildings at the intersection of Orion ands Birch? Yes District 4 Adams Park Should the electrical room be included as well as the restrooms? No just the restrooms Centennial Park At Centennial, just the six restroom /concession buildings. Which would include the two buildings at the soccer stadium and the building at the large H.S.basketball courts Park restrooms and the restrooms /locker room in the Dan Young Soccer Complex Heritage Park Just the building between the parking lot and the baseball fields? Not the shade /gazebo structure? . . . first the restr000ms —not the cell tower /picnic shelter Jerome Park Just the restroom /concession building between the baseball fields and the street? Yes Santa Anita Park Just the front entry area(IOft) of the building? Or is the gazebo /pool included? Just the restrooms —not the paved area east of the center. Thornton Park Would this include all three building? The main restroom /concession building, the IRWD building and the building to the right of the main building. Just the restroom /concession bldg Windsor Park. Just the main building next to the tot lot? Or would this include the small building and the gazebo. Yes �' I�J 25A -84 CUSTODIAL SERVICE$ A(MCB BENT THIS AGREEMENT, made and entered into this 1" day of Tune, 2014, by and between ABM Onsite Services, a California corporation (hereinafter "Contractor "), and the City of Santa Aria, 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 janitorial and custodial services with high -level industry practice to provide such services for the park buildings in Districts A, 1, 2, and 3. D. Contractor represents that Contractor is able and willing to provide such services to the City. C. hn undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform janitorial and custodial maintenance services at the park buildings in Districts A, 1, 2, and 3, as set forth in Contractor's Proposal and the Request for Proposals (attached hereto and incorporated herein as Exhibit A). 2, CITYINSPECTION The City's designated representative shall regularly inspect the park restrooms 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 set forth in Exhibit A, Contractor agrees that the City shall deduct from the Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300 per inspection, per park restroom not meeting the Specifications during any such inspection. 3. COl1?ENSATfON a. City agrees to pay, and Contractor 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 shall not exceed $1 38,336.00, annually during the term of this Agreement, This amount includes a 10% contingency. 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, falls to meet the standards of performance set forth in the Recitals or Speoit'ications which may reasonably be expected by City. 25A -85 4. TERM The term of this Agreement shall be for an initial one (1) year term with two (2) one-year options under the same terms and conditions hereof, exercisable by the City Manager and the City Attorney. & 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 riot intended nor shall it be construed to create an employer - employee relationship, a joint. venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall. be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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. Connnercial General Liability insurance. Consultant shall maintain consu-norcial 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 shalt be not Tess than the following: single tirnit 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 with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions, b. Business automobile liability insurance, or equivalent forth, with a combined single Itmit 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, if Contractor has any employees, is required to be insured against liability for worker's oompeosation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreeraont, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per aooidant. d, The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shalt maintain all insurance required above in full force and effect for the entire period covered by this Agreement. r (u) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in corm by the City Attorney, (iii)Cortiflcates 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 Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to Iurnish 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 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 tie City. "/. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable ,relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason or tho terns of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising Boni this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 infor.•mation of like importance, but in no event less than reasonable oare, "Contidentiat Information•' shall include all nonpublic information. Confidential information includes not only written information, but also informationtransfen•ed orally, visually, electronically, or by othermcans. 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; (e) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation or 25A -87 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 acquire any interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. No persons heaving such interest shall be employed by or associated with Contractor. i [1 11071(v UOYN Any notice, tender, demand, delivery, or other conununication. 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 comrnunieation in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With copies to: Parks, Recreation & Community Services Agency City of Santa Aria 20 Civic Center Plaza (M -75) Santa Ana, California 92702 Facsimile: (714),571 -4221 and City Attorney City of awrta Ana 20 Civic Center Plaza (M -29) P,Q. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Contractor: ABM Onsito Services 165 Technology Drive, Suite 100 Irvine, California 92618 Phone: (949) 585- 5994lFAX: (949) 585 -5959 Attn: lames Alfieri AParty 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, comtm.rnication shall be effective or deemed to have been given three (3) days after it has been deposited in the United Statas mail, duty registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or doomed 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. Foe purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. r•• It. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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 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, D. TTRMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a, As a condition of such ,payment, the Executive Directoir may require Contractor to deliver to the City atl work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use (hereof for such purposes as the City deems appropriate. b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.. 14. DISCRIMINATION 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 the recruitment, selection, training, utilization, promotion, termination or other employment related activities. 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 and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the, State of California. This Agreement has been executod and delivered in the State or California and the validity, interpretation, performance, and enforcement, of any of the clauses of this Agreement 25A -89 shall be determined and governed by the laws of the State of California. Both parties further agree that Orange Cbrntty, 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 Contractor shall, throughout the term of this Agreement, maintain all necessary hcenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and requirod by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other govermnental agencies. Contractor shall notify the City immediately and in writing of his inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17, COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercisingjurisdietion over the City, including all applicable federal, state, and local occupation, safety and health laws, Hiles, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City pennits and approvals, building, plumbing, mechanical and electrical codes, as they rnay apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the lmltation, the Americans With Disability Act, 42 U.S.C. § 12'1 D I et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et sect'. 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 laet held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto snail be incorporated as if fully set forth in the body of this Agreement. 25A -90 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R, CARVALHO City Attorney /) By: Lisa Storolc Assistant City Attorney 25A -91 CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR: ABM Onsite Services as James M. Altieri Regional Vice President Presented to: City of Santa Ana Frank Hernandez Sr. Management Analyst Presented by: ABM Onsite Services Ron Dallas Regional Sales Manager Ron.Dallas @abm.com (909)374 -8121 March 24, 2014 ABMM BulldingValue F11 ab I JA March 24, 2014 Mr. Frank Hernandez City of Santa Ana 20 Civic Center Plaza Second Floor, RM #273 Santa Ana, CA 92701 Janitorial Division 165 Technology Drive, Suite 100 Irvine, OA 92618 Office: (949) 588 -5989 Fax: (949) 585-5994 Dear Frank, We understand that the City of Santa Ana needs a quality - oriented, cost - effective janitorial services program that will meet your needs and build value for your facilities, With our level of expertise in Government, ABM will provide you with reliable, quality service that makes the most of your operating budget. ABM will meet and exceed your expectations with our dedicated personnel, innovative processes and technology, and commitment to client satisfaction. Our entire organization stands behind this proposal and all of the commitments made So City of Santa Ana, If there is any additional information 1 might provide, please don't hesitate to call or write. All of us at ABM are ready to put our solutions to work for you. Sincerely, James M. Allied Regional Vice President www,abm.com ✓L • • v ,I NYSE Symbol: ASIA M& ®uildingVaiue Table of Contents 1. Statement of Qualifications a. Firm and Personnel Experience ABM Profile Key Personnel Experience Organization Chart Our People Managing Risk through Safety Programs Training Program b. Implementation Plan Quality Assurance Program Equipment, Supplies and Chemicals Green Cleaning Overview c. Proposal Deposit (Bid Bond) 2. Exhibit C — Proposers Certification and Cost Proposal 3. Exhibit D — References d. Exhibit E — Proposers Statement S. Exhibit P- Certification of Non Discrimination by Contractor S. Exhibit G — Responsible Proposer Supplemental Questionnaire 7. Exhibit H — Non - Collusion Affidavit S. Sample Certificate of Insurance 8. City of Santa Ana Addendurns and Scope of Work I Confidential and Proprietary AXI i i s EMAIL Firm and Personnel Experience TIUMM The City of Santa Ana needs a facilities partner who builds value for you by reducing operating expenses while keeping your city parks safe, clean, comfortable and energy efficient. With our people and our technology, we'll preserve your assets and increase their performance— maximizing their value for you, Service excellence and industry expertise To deliver you a quality, cost-effective uniform standard of service, we use our own highly qualified employees. We have the expertise to understand your industry and empower our workforce to provide you with reliable, high - quality service specific to your needs. Plus, with our nationwide presence, we've got local experts who understand the unique needs of your area. Breadth of services In addition to the services proposed here, you can rely on ABM for virtually ail of your facility needs. We offer you simplified support for all of our solutions, whether stand -alone or integrated. Technology - enabled workforce In additlon to intensive training, the workforce serving your facility will use our award- winning, innovative technology to drive efficiencies, lower costs and ensure compliance. We streamline service delivery with the technological tools that allow both the City of Santa Ana and ABM to have greater access and transparency to your account. Guaranteed energy and sustainability solutions The City of Santa Ana's sustainability objectives will become ours. We'll help you meet short -term goals, like green cleaning, and we can help you establish and meet long -term goals for water efficiency, energy consumption, materials and resources. We have a Director of Sustainability and certified LEED APs who are ready to work with you on specific plans to update your systems and increase efficiencies to meet your sustainability goals. Confidential and Proprietary ow � G, We provide commercial cleaning and maintenance, facility engineering, energy efficiency, parking and security services for sites of all sizes in the United States and abroad. Highlights ABM Green Care TM Program ISO 9000 compliant for quality and reliability D &B rating of 5A2 Over 25,000 clients Expansive technology platform Public Corporation (NYSE: ABM) Founded in 1909 Sarbanes Oxley Compliant (SOX) Solutions Electrical Energy HVAC and Mechanical Janitorial Landscape and Grounds Maintenance and Repair Parking and Transportation Security Local Government Agencies We Serve City of Long Beach City of Cerritos City of Alhambra City of Garden Grove City of San Juan Capistrano City of Santa Clarita City of Santa Monica City of Newport Beach Santa Ana Police Department City of Arcadia City of Claremont Confidential and Proprietary A - Key Personnel Experience James M. Altied Regional Vice President, Southern California • Originally from Cleveland, Ohio, graduated from Kent State University with a degree in Business Administration • Began his janitorial management career in Cleveland In 1974. • Served as the Vice President of a 20 million - dollar janitorial and security company before he moved to Southern California In 1994 to join ABM. • Over 35 years of experience in the janitorial and service related industries. • Oversees Southern California which encompasses: Los Angeles, Orange, Riverside, San Bernardino and San Diego counties. Jeffrey C. Leonard Regional Director of Operations, Orange County • Joined Bradford Building Services in 1991 —which was later acquired by ABM. • Has been in the commercial real estate industry for over fifteen years. • A graduate of the University of Southern California. • Meets with customers to determine issues, if any. Keeps constant contact with operations personnel and clients to meet and maintain the highest service quality standards. • In charge of overall branch operations for Southern California's Orange County. Walter Anticona Branch Manager • Began his career in the janitorial industry over twenty -five years ago. • Walter has been with ABM Janitorial since 1994 — working his way up the ranks from District Supervisor, District Manager to his current position of Branch Manager. • Promoted to Branch Operations Manager because of his outstanding record In operations over the years • Consistently provides top-quality service to many high profile accounts, Mario Lopez District Manager • Mario began his employment with ABM in 2004. • He was a District Supervisor in charge of over 40 properties in Orange County. • In 2005 He was promoted to Project Manager of Park Place Irvine Campus. • In 2010 Mario received another promotion to Portfolio Manager of the LBA Realty portfolio. • After a year, Mario was promoted to District Manager overseeing six districts in the Orange County area. • Part of Mario's current accounts includes The City of Newport Beach Facilities. Project Manager & Supervisor" • ABM will conduct interviews for this position as it is not customary to have supervisors on standby or transfer them from currently serviced accounts. • ABM will present candidates upon notice of award. Staff" • ABM observes the Displaced Janitor's Act which requires us to hire employees from the Incumbent. AKB §t Confidential and Prcprietaly MERMSEMMIM Orange County, CA Branch The below organization chart displays key resources within the branch. Resources will be assigned to the City of Santa Ana based on size and scope of work. The below representatives are dedicated to your account whenever necessary. Branch Office Information Telephone: Fax 165 Technology Drive, Suite Irvine, CA 92618 949.585.5900 949.565.5994 Square Footage Cleaned: 40 million sq. ft. Number of Employees: 1,289 Number of Customers: 229 Annual Sales: $34.3 million (FY 2012) fiy 0 Lem R"lanal DO of Operations Tat! Royroso i 1 waker fu7iietme I Maw, OC a is 1 1, stanch ManES"o or BIT Confidential and Proprietary EM ASM. Buildhgwlue Our People Our promise to you is fulfilled by our people. Your expectations need to be met by employees who are willing and able to give their best, every day —which ABM's employees have demonstrated consistently. We attract, select and retain employees who will exemplify our core values— respect, integrity, collaboration, innovation and excellence --at every job site. We hire superior employees from diverse backgrounds, give them thorough training, encourage them to be accountable for their work and reward them for exceptional performance. With well- managed people in the right jobs, City of Santa Ana benefits in many ways: • Higher quality service • Increased productivity and reliability • Professional interaction with the public • Reduced turnover, resulting in more familiar faces and more consistent service • Lower costs as a result of a safer workplace • Recruiting the best Your facilities will be staffed by highly qualified professionals who were attracted to ABM because of our strong reputation for employee development and retention. Your city parks require personnel who are able to adapt to your culture and present themselves in a friendly, professional manner. That is why we make great efforts to recruit employees who don't just match the job profile, but also will adapt to meet your facility's needs and ABM's culture of learning, teamwork and providing high - quality service. Screen and Select Careful selection to ensure safety and quality Through professional interviewing and selection processes, we select quality candidates who meet your needs. To ensure the safety of your customers, employees and business assets, we provide a range of employee screening packages. We will conduct tiered screening based on your industry's best practices and your business' requirements. F MD" s .�.... e. bkkBI Gonfideniial and prtpnetaly Our screening packages can Include any of the following: • Standard background checks • Criminal /sex offender background checks (CORUSORI) • Credit checks sr • Drug screening (upon contract requirement) • Professional certification checks • Additional reference checks An emphasis on safety and training To deliver you the reliable, high - quality service that you expect, we develop training programs at the national and regional level, and emphasize best practices and safety. For more detailed information, see the section titled "Training Program" in this proposal. NU Employee benefits and incentives attract and keep good people Maintaining a broad, competitive benefits program enables us to keep well- trained, experienced employees who are committed to your city parks and ABM, We provide you with the flexibility to personalize a benefit package that meets your cost objectives while still achieving a work/life balance for the employees. Based on the terms of your contract or collective bargaining agreement requirements, the service workers staffing your facilities will be offered a selection of benefits that can include the following; • Health and Dental • Paid Vacation RM • Paid Holidays • Workers' Compensation Encouraging professional growth Another component of our retention program is the support we provide to employees as they grow in their careers. Your city parks will be serviced by employees who are allowed to grow, which typically results in higher productivity and better service quality. Our culture encourages each employee to openly communicate with his or her manager to develop a career path that builds on individual strengths. The quality of each individual employee's service continually improves because of the ongoing coaching facilitated by regular performance reviews. I 61 a Confidential and Propnetary BMM Building Value Commitment and :- To maintain our high levels of productivity and work quality and decrease the chance of incidents, we teach safety awareness to each employee. We take these preventative measures to enhance the safety of your tenants and we ensure that training, inspections and reporting are in compliance with government agencies and company policy- -yours and ours. In the event that an accident happens, we have developed procedures that enable us to report it immediately, file claims documentation properly and provide employees with the resources to be able to return to work in a reasonable timeframe. • As an ABM client you'll have resources to depend on, including specialists in safety, training, prevention, workers' compensation, Sarbanes -Oxley (SOX), liability, claims and insurance management. To manage the safety of your sites and stay ahead of the latest safety procedures, ABM's Safety Committee meets monthly to: • Report on training, inspections and incidents • Revisit safety objectives and loss prevention goals • Provide recommendations for the prevention of future incidents • Review monthly Branch Safety Reports Below are a few of the primary tools we use to teach safety awareness and manage performance: • ASM Safety and Health Manual: This manual describes the essential policies related to organizational responsibilities, safety program organization, safe work practices and recordkeeping requirements. It helps us apply procedures consistently at every site. • Safety Communications: ABM supervisors have online access to the ABM library, which includes over 130 training topics. Also available in English and Spanish. • OSHA Injury and Illness Recordkeeping: ABM maintains and monitors the OSHA 300 Log recordkeeping process to comply with Federal requirements, and also to track safety performance at the local level, providing real -time incident rate data. • Motor Vehicle Record (MVR) check and Driver's Alert Programs: We check employees' personal driving records if they are to drive a company vehicle. Periodic re- checks are made to determine their continued eligibility. In addition, we require that all ABM vehicles have a decal asking the public to report unsafe driving via a toll -free number. khk2kxg ITV 1 Building Value 1 ABMa Building value • Loss Control: ABM monitors our Experience Modification Rates (EMR) to better understand and lower our workers' compensation costs. Since an EMIR compares our claims experience to other employers of similar size in our industry, it is a measure of how ABM's loss prevention and control practices stack up to the competition. Our intrastate EMIR has been consistently below 1.0, better than the industry average. Medical Coverage: ABM has partnered with a medical telephonic triage service to give our employees 2417 access to medical professionals in case of an injury, This program not only advises our employees of the proper care for injuries and when to seek emergency services, but also provides timely reporting of all on- the -job incidents. on da .4m.nsmumnrwrpa,pa Ab e +wrrftKXWA *KNRW L On-Line Training and Resource Guide GamVa,ry Poilalas. Nhllron Pmprams. Employee 4Narmafbrt. Camyaiay ��MFinaLOn. •rviwen xpa ftegromel Kaaeu�<ea Monthly Safety Training Topics All ASM employees receive safety orientation upon hire and monthly thereafter. A schedule will be sent out quarterly along with the training material. The material is available in video, CD, on -line and hard copy formats. The attendance roster must be available for inspection at the branch office, A copy of each month's attendance rosters is submitted to the Regional Safety Director by the middle of the following month. Copies must be kept on location as well for the duration of the contract. • Safe Lifting • Fire Safety • Electrical Safety • Personal Protective Equipment • Slips, Trips and Falls • Hazard Communication • First Aid • Safe Driving • Ergonomics Awareness kkk 2 8Xd-i I4TO'2 • Natural Disaster Safety • Blood borne Pathogens • Emergency Evacuation • Barricade Training • Forklift Training • Cleaning for Safety • Pandemic Prevention • Site Specific Certification — Lock Out / Tag Out, etc. building Value Training Prya ra m We provide you with employees that have the training they need to successfully perform janitorial services in your city parks, Improve efficiency, and develop new skills. Every ABM employee meets the following criteria: • Technically proficient with chemicals, equipment and methods • Familiar with the rules and regulations of your sites • Thoroughly trained in job safety • Committed to providing outstanding client service • s During the start-up phase, ABM Project Managers and Supervisors conduct employee training sessions at one of your locations in a classroom setting. These sessions include site - specific rules and regulations. ABM policies and procedures and basic job training, Training for service workers concentrates on specific work tasks, Our Supervisors demonstrate each task step -by -step, detailing the importance of each step along the way, and train them to perform visual inspections before completing work. The Supervisors also provide guidance to the service workers as they work. Once initial training is complete, Supervisors perform recurring reviews to make sure that they are maintaining City of Santa Ana and ABM standards, By empowering our employees with comprehensive training, we are able to minimize deficiencies and quickly identify opportunities for improvement. Our managers conduct recurrent training sessions for current and replacement employees at your sites. These sessions are more technical in nature and concentrate on specific job tasks and duties, such as specialized certifications and interdisciplinary training. Employees are trained in groups specific to their function. Compliance is measured and tracked by attendance, job performance, tests, etc. to ensure all employees are receiving the proper level of training. 26 1IWJ Building Value ABMO 9ulldingvmiue Implementation l n Your transition process will be painless because we identify your service needs, select the appropriate personnel, create a detailed implementation plan, and communicate it to everyone involved. Our teams will work to create a smooth start-up, free from time- consuming disruptions. Estimated Timetrame Our service start-up plan customarily takes place during a four- to six -week period and typically starts within thirty days of an award. •• r ♦ •♦ HIM •• In our years of experience, we've learned that the key to a successful transition is clear, ongoing communication of expectations, objectives and outcomes with all parties involved, particularly with management at all levels on both sides. From the beginning, ABM will hold regular meetings with you to discuss all phases of the transition, identify best practices and implement them, as needed. We will survey everyone on your staff who will be affected by the transition in order to address key concerns. Support and coordination A start -up team will work with City of Santa Ana to implement the transition plan. The team will remain dedicated until your planned level of service is achieved and your objectives are being met. Ilk 2 � �Td'4u;l« value MEHMMM Below is an example of a start-up plan, showing how ABM becomes an integrated part of your workflow. As we move forward, we will provide a more detailed and customized plan. Once the plan is finalized, we complete your transition timetable, identifying each task, who owns it and its expected completion date. Task week A week 9 week 2 week 1 Post Stan ii la irg- retention tram Assign roles & responsibilities Fnalrze and review contract and specifications RevieK Ci eduatim, adh inW mbeat Zen, srakellgtder request, • Trani plea and umabne • 011a @l involvement m transition pIOG@S$ ftcporang lequvomerks • Special faclliFy needs antl pansWempons • Waste management antl recychre accauldi • Uniiemt mguraments Develop and decumant Saud laS Assign meaegm ent team amt reNES cement personnel Gondupt nrlul e,s background shacks & drug testing tar aueelio eilel 8 Wp time limade ng and payroll duodenums Complete training Caelnbma uniforms and Same.. to .mplemaa Site location venfc lion Identify and document onic, closets Location t1:cbS4 • rodoili Uf keys.Ardl or 9larkal codes Natrona equipm @msuppEy, needs & prooudari pi mole, • ruder aqulpment supplies and aommpntaafiaa devises • Set up sgnipmant suptnies egmmoneatlgo devlees, and imamate contrul pnoix +es Revigev billing and a osiuranq dis,rc manta &sin up pmdedules Teat procedures Communicate taetgmer iegwsemael@ to Qualnty, Coaled implementation learn Problem msoluban and escaluliad procedures Oevelap Quality Control program unspaaaians, cal. a & KPlsl Train f.1dNcustomm on carnnfunteumrn devices, work seder system & QUS In4pmatron syslams define ormail pmoess& call center, mlerr ion Upload penodie real schedule in16 qM WO samagameat System Order and dnstnbuta cuslomer & garland COS. R.u,o,, side and orally to %elf perfgan arm wham to soodanli Idwiew ants.. an of auMatatraclora eve Nine as necasfary Identify outstanding tasks & verify catupletion of all Iran soon tasks • Confirm start ups and d i @n tramatioa istuea & sustaeses ! BViI�P� Value 28'X N65 Quality Assurance Program We've established a quality culture that focuses on client satisfaction, involves employees, measures performance, and is continuously Improving. To support your quality goals and requirements, we use a unifying quality management system that places a variety of processes into a single framework. This framework acts as a starting point from which the City of Santa Ana and ABM will customize a quality program for your city parks . The program will Improve efficiencies and allow for greater transparency into your account activity. Your account will be managed with innovative technology tools that improve communication, increase worker productivity and integrate processes to measure results. ABM Managers and service workers utilize laptops, tablets or other wireless devices for data entry and communication. The staff servicing your city parks will be more dependable because of the efficiency and transparency of our systems. Benefits You'll Receive: rid i - • Automated communication, resulting in reduced response time • Complete, up -to -date work order status • Round- the -clock access, communication and tracking • Periodic scheduling and tracking • Customized inspection and work order reports providing data for process improvement • Improved client satisfaction • Less time spent managing issues Quality Management System ABM's quality management tool is a web -based control system that supports your quality goals and requirements. The system allows both the City of Santa Ana and ABM to view inspection results, work order statuses, periodic maintenance schedules, and reports through a central online portal. ABM focuses on: + Analyzing inspection results • Automating work order management • Establishing and tracking accountability + Continually improving processes Tracking Accountability In order to provide you with transparent accountability, all work requests will clearly define who is responsible for the work and the time involved for completion. The requests will be time stamped, and automatic escalations are triggered by that time, notifying management. You will have the opportunity to measure, quantify and analyze service delivery, alongside ABM management. This process makes it easy to identify and disseminate best practices. As work is accomplished and work orders are closed, the reporting system is updated. Supervisory personnel will follow up with service workers on issues and requests to make certain all work is completed to our high EM A,` standards. Any problems that emerge from this follow -up are immediately corrected and the communication loop is then closed —but only when our clients are absolutely satisfied. Your facilities will be inspected on a regular schedule, and the data is entered Into the system via a wireless device, allowing for real -time access to inspection results. During inspection, tasks are rated on a scale from one to five, producing a percentage of the maximum possible. The total for all tasks during that inspection becomes the quality score for the site(s). Customized quality control inspection reports, showing results and trends will be accessible online or via an Excel spreadsheet. This information allows our managers to determine what actions are necessary to maintain compliance, continuous improvement, and ultimately, your satisfaction. Process Improvement We optimize our processes to achieve more efficient results for you through planning, standardization, employee engagement and other means. We continuously look to identify areas of opportunity and target any problem areas, formulate a detailed strategy, and promptly execute the solution. When we engage in a proactive process improvement strategy, we are able to build upon our foundation of best practices, procedures and processes so you receive the best service. Our quality management system helps us Identify where to focus our efforts. 26AIV7 Quality and efficiency at lower casts The quality of the service that you'll receive is enhanced by our commitment to providing the best delivery, service and employee training on the equipment, supplies and chemicals we use. You save money because we use superior products and methods, requiring fewer man hours. ABM has strong, established relationships with industry- leading supply, chemical and raw material manufacturers that share our commitment to excellence. This affords us cost - control advantages over our competitors and provides you with several distinct advantages: • Best quality products available at the best possible prices • Cost control due to our ability to negotiate long -term, fixed - price contracts with our suppliers • Access to new products and concepts that save time while increasing productivity • Personal attention when it comes to problem solving for you and managers • Prompt deliveries and comprehensive training Equipment ABM has standardized the equipment that our service workers use, providing benefits for our clients, including: • Better cleaning results due to better product and equipment selection • Increased safety because our employees are thoroughly trained and familiar with the equipment • Reduced training time and expense because we limit the types of equipment used • Reduced repair time and, therefore, less equipment downtime Supplies ABM selects supplies based on our quality standards, and the product's overall ability to meet the rigorous requirements established for your city parks , We have a range of products to suit your environment that will maintain maximum efficiency, safety and hygiene. We can tailor product selection as needed to best suit your requirements and offer you a complete solution. Chemicals By aligning environmental issues with key business goals, our chemical cleaning program is not only good for the environment —it's good for your city parks . We consider environmental impact, worker safety and product performance when selecting cleaning products. The chemicals we use are premixed by the manufacturer which eliminates the possibility of improper dilution of cleaning. Also, having fewer types of chemicals on -site reduces the risk of property damage, and the packaging of our various types of chemicals helps you and the service workers easily identify improper chemical usage. Our chemical cleaning program benefits you in several ways: • Cleaner, healthier environment for occupants and visitors to your facility. • Improved indoor air quality • Reduced possibility of property damage due to improper use of chemicals • Possibility of reduced liability insurance premiums for your facility ABM advocates consistency at all of our clients' locations by establishing: • Standardized packaging and dilution ratios • Optimal choices of products for each cleaning application Uniform training on product use om programs P ` �T: EM Green Cleaning Overview The ABM GreenCaree program focuses on products, tools, equipment, processes and policies. Our program promotes a healthier environment for your building's occupants while significantly reducing the harm done to the environment. Green cleaning also preserves your capital investments (floors, furniture, etc.) because green products are less harsh than traditional products. We use environmentally preferable products and sustainable procedures following the requirements of the U.S. Green Building Council, Green Seal, Environmental Protection Agency, Environmental Choice, and the Carpet and Rug Institute, who provide nationally recognized standards for green products and procedures. Our program is overseen by Alan France, our dedicated Director of Sustainability. He is supported by LEED APs and Green Associates located throughout the country. ADM for faclifties, Inside & out But €dingVelue Al Flexible Program to Meet Your Sustainability Goals We've made the program flexible by offering three distinct levels. We'll help you take a more holistic approach to green cleaning, whether it's switching to green cleaning products, implementing sustainable equipment and processes or assisting with LEED certification. We'll use our Assessment and Transition Plan Tool to assess your existing sustainability efforts and develop pricing and a transition plan to implement green cleaning. Fhotes5a §and PrRrzateun • Mu fiber. Entrytvay Mats. Early 5pd!1,1410icat,an • CbewnalNubw Gre"EqummeM kbk F,.0 I B 69 ^ t,EEnCeKificsGnn SuFpac • iaw 8ndironmenta! Impact Frolkies ^ innouati�rcf'rey,ams Occupant Respw5ibdhly attd FduaaH6n F-0 €asuteniaat eu7razkir�g Audaiag Equipment List Vacuum Nohels VrBP•66etkpack Vacuum Back Pack wwwnobles.com Standard Paper Inner Bagwith Standard Outer Filter Nobles VSMU -14 Upright Vacuum Type F Microliter Inner Bag; HEPAOuter filter Uptight www.ndblescom ProTeam AviationVax Micro Lined .Inner Bag Back Pack www. ro- team.com P ProTeam CoachVac° Micro Lined Inner Bag Back Pack www. ro-tea�ex ra P PraToam GoVac BP Micro Lined Inner Bag. Battery Beck Pack n/ www. ro- tearncem P PraTeamLineVacer° HEPA Micro Lined Inner Bag Backpack wwvi. rp,tsam.dam P ProTeam LlneVacer° ULPA Micro Lined inner Bag Back Pack www. ro- teamcom P ProTeam MegeVacm _ Micro Lined Inner Bag Backpack www. roARam.com P ProTeam ProForte° iSOO Micr Run Lined Inner Bag Upright www.pro- taam.com ProTeam ProForce °FSOOXP HEPA Moro Lined Inner Bag Upright wwwpro- taam,tom ProTeam ProVae BP Micro Lined Inner Bag and XOver Performance Floor Tool Book Pack wwivpro-teamcam ProTeam ProVac °CN Micro Lined Inner Bag Canister veww, ro- teammm P .ProTeam Qu irterVac® Micro Lined inner Bag and XOver Performance FioorTeo! 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Building Value 0 Equipment i t Vacuums continued ABM rcarm for#aciftbes, inside & out 28XITI� Sanitaire Quiet Clean SC889A Type STSyMbetic Disposal Dust Bag with Upright www.sanitidrevac cam Arm & Hammer- Odor Central Sanitalre SC5713B Type SD Micro -lined Paper Inner Bag Upright www.sanitatrevaccom Sanitabe SCSB15 B Type SD Micro-lined Paaper Inner Bag Upright wwwzaRitairevac.com Sanitaka SC5845B Bagless Upright. www.sanitairevac.com SanitaRe SC889A Typo STSynthetic Disposal Dust Bag with Upright www.sonitairevaccom Arm & Hammer- odor control Sanitalre SCB150B Type $D Micro- lined Paper Inner Bag. Upright wwwsanitairavac.cam Sanitalre SCS180D Type SD Micm -lined paper Inner Bag Upright wwwsanitalrevaccom TennantV -BP-S Backpack Vacuum Standard Paper Inner Bagwith Standard 6uterFllter Back Pack wwwfennantco,mm TennaMY•D141144 Microdined Paperinner Bag, Standard Filter Upright wwwtannarttcacom g Termant V•LWU -13 Type F Synthet €chmer Bag Cloth Outer Bag Upright _.....�e www:tennantco .rgm Termant V- SMU -14 Type F Mlcrofiber InnorBag,HEPA Outer Fitter .Upright www.tennantco.corn - 28XITI� Equipment List Carpet Extractors a, Mil i I; Ill Nobles EX-5CID20 Self- Contained www.nnbles.cam Nab lot Strive - ReadySpace Self - Contained w Alllbles,com Nobles Strive Rider Restorative Extraction Mode Rldor www.nallaecam Nobles Strive Compact wltS Ready Spade $olF- Contained www.nable6com Nobles EX1S Self - Contained wena.tannantea.rnm Tennant EX -SC -1020 Self- Contained wwvvtennantCO,com TennantMndeIR1610- Ready5pace Self-Cootalned wwvi,tennantco.com Tennant R3- Ready5pace Self- Contalm ad wwwdenoantco.com Tennant ES Self- Contained wwW,termentr<o.mm Tennant EX- CAN -SSHPH Portable www.tennantco.com Tennant R14 Rider wwwtannartm.com Floor Machines Burnishers 6uitdtngVa €ue 2 f■J4ki I Q�T� Equipment List Automatic Scrubbers ASM cr for facilities, inside R out -m. e Nobles Speed Scrub- 17"-32" SelFContalned, Battery Operated w tnoblesxcrn Nobles Speed Scrub4aSTe17 "132" StriKontainod, Battery Operated www.nobles.com Nobles Speed Scrub -eoN20^24"-32" Self - Contalned,. Battery Operated www.nobles.com Nobles Speed Scrub HG 24" i Self - Contained, Battery Operated www.oubles.com Nobles Speed Scrub XC- FaST °24' Self-Cootained Battery Opens end wwwnobles.com Nobles Speed Scrub XC- eoN20 ".24" Self - Contained Be Rory Operated www.nobles.com Nobles 5peed Scrub Rider- 28 "/32" Self-Contained, Battery Operated wwwnobles.cum Nobles Speed Scrub Rider -FaST^28'j32" Self-Contained, Battery Operated www.nabies.com Nobles Speed Scrub Rider, ec-N2a"2B'/32" Self - Contalned, Battery Operated www.nobies.com Tennant TID Micro Scrubber Self - Contalned, Battery Operated www.tennantco.com TennantT2.17' Self - Contained, Battery Operated www.tennanPco.aom TenoantT3- 17/20" TMSelf-Contained, Battery Operated www.tennantco,com W Tennant T3-FaST °17 '120' Self - Contained, Battery Operated wwwtennant o'com Tennant T3 � ecrHxq "17 "20" Self- Contaioed, Battery Operated wwwUnnantco.com Tennant T3 -Orbital Self - Contained; Battery Operated www.tonnantco.com TennantT3 + -24' Self - Contained, Battery Opera red www.tennantco.com TennantT3 + -FaSTT 24' Self-Co n talned, Battery Operated wonetennantottom TennantT3 +- ec-N20 °24" ^� SoIFConturned, 8strayOperated orwwtennrntcozorn Tennant T5- 24 " -32' Self - Contalned, Battery Operated �wwwtennantco.com TennantT5- FeST- 24 " -32" Self - Contained, Battery Operated wwwtennantca.com Tennant T5- oc- N20 ^24 " -32" Self - Contained, Battery Operated www.tennantcosom 7earvntT7 Rider- 26-32' Self "Contained, Battery Operated www.tennantco.com � Tennant T7 Rider -Fa5Tm 26'-32" Self - Contained, Battery Operated wwwtennantco.comw Tennant T7- ac-F120" 24 "-32' Self - Contained, Battery Operated www.tennantco.mm Tennant Tl2Compact Rider Self - Contained, Battery Operated www.tannantco.com Tennant T1 Compact Rider - ec -H20" Self-Contained, Battery Operated wwwtennartco.core ABM - 0 80 2 3 -1113 MOHAWKWII2Irl"do with 30% recycled content ME CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061.1615 t �-@IL9 E3 Phone: (906) 903 -MS • Facsimile; (906) 903 -3656 Idd�Td:TT�I:6�T3T•1�L«T�i+ �iTi71T�'J Bond No. Amount 5% of the Total Proposed Annual Contract Amount Know All Men By These Presents, Set Forth In Exhibit That we, ABM ONS ITE SERVICES —WEST, INC. 1150 S. Olive Street, 19th Floor, Los Angeles, CA 90015 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duty organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF SANTA ANA 20 Civic Center Plaza, Second Floor, Room #273, Santa Ana, CA 92701 (hereinafter called the Obligee), in the sum of Five Percent of the Total. Proposed Annual Contract Amount Set Forth In Exhibit C Dollars (S * * * ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 4th day of March, 2014 WHEREAS, the Principal has submitted a bid, dated March 13th 2014 for RFP No, 14 -002 PRCSA - For Providing Park Janitorial Maintenance Services for City of Santa Ana Park Facilities NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Obligee shall accept the bid of the Principal and the Principal shall enter Into a contract with the Obligee In accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, If the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obliges may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and affect. * * *5% of the Total Proposed Annual Contract Amount Set Forth in Exhibit C AEtM ONSITE SERVICE„ W EST INC. rincipal By. b t o Am Brinkley, Manager aosannce Sotoices pl Form 15'Mom MV,11.991 f� KIChubb OF Federai Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Cs4LIgNE Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana cc oration, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporrpation, do each hereby constitute and appoint B. Aleman, Tracy Aston, KD Conrad, Lisa Crail, Simone Gerhard, Daravy Mady, Kristine Mendea, Edward C. Spector and Misty Wright of Los Angeles, California ------- ------ - - - - -- each as their time and lawful Attorney in- Fact to execute under such designation in their names and to air= their corporate Scots to and deliver for and on their behalf as surety thereon or otherwise, bonds and undenatdngs and other writings obligatory in the nature thereof (other than bail bonds). given or executed in the course of business, and any owtnxnents amending W affedng the Same, and consents to the modification or alteralian of any Instrument formed to in said bonds or obligations. In Witness Whereat, said FEDERAL INSURANCE COMPANY, VtOLAN' thaw paamis and affeaad their corporate seals on this 3rd day of Dawn M- Chlanes, Assistant Secretary STATE OF NEW JERSEY County of Somerset as NY, and PACIFIC INDEMNITY COMPANY have each executed and micated `.!01133 Onthls 3rd Payer December, 2013 before me, a Notary. Public of New Jersey, personalty came Dawn. M. Chores, to me known to be Assistant Secretary of FEDERAL. INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companles which executed the foregoing Power of Attorney, and the said Dawn NL Churns, being by me duy sworn, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corpuate seals thinned, that the seats affixed to the foregoing Pourer of Attorney are such corporate seals and were thereto affixed by ainhoridy of the By. Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary M said Companies by like aLModty; and that she is acquainted with David B. Noris, Jr., and knows him to be Vice President of sold Companies; and that the s€gnetura of David S. Norris; Jr., subscribed to said Poser of Aifomey is In the genuine handweling of David S. Noma, Jr., and was thereto Subscribed by authority of "to By. Laws and in deponard s presence. Notarial Seal KATHERINE I ADELAAR ( NOTARY PUBLIC OF NEW JERSM Nt,. 2316685 aw y , Cammimaion Expirm July 14, 2ou Notary PdNid PUBLIZ .. ydERS�� CERTIFICATION Existed from the Sy -La. PAL. INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'Aft Powers of attorney for and an behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Mce, President or an Assistant Vita President, jointly with the Secretary or an Assistant Secretary, under their respecifvo desrgnafiorw. The signature of such officers may be engraved, phnted or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vito President, any Secretary, any Assistant Secretary and Ina seat of the Company may be affixed by facsinelle to arry, Power of atemay or to any certificate relating thereto appointing Assistant Secretaries of Attorneys. in- Fact for purposes only of executing and Shoaling bonds and undertakings and other Wiling$ obligatory to the nature thereof, and any Such power of attorney or certificate bearing such facsimile Signature or Facsimile seat shall be valid and binding upon the Company and any such power so axecuted and cernied by Such faWftlie Signature and facsimile seal shall be valid and binding upon Iha Company with respect to any bond or undertaking to which It is attached.' I, Dawn M, Churns. Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the do hereby certify that 0) the foregoing extract of the By- Laws of the Companies is two and comet, (1i) the Companies are duty Ilemsed and authorized to transact surety business in all 60 of the United States of America and the Diener of Columbia and am authorized by the U.S. Treasury Department: further, federal and Vigilant are licnnsod in Puerto Rico and the U.S- Virgin Islands, and Federal Is licensed in American Samoa. Guam, and each of the Provinces of Canada except Prince Edward Island; and (lit) the foregoing Power or Alormy Is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this day of MAR yy 4 2014 %, Qmbk Dawn M. Chicane, Assistant S ecratery, IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY us OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE. OR BY Telephone (948)903- 3493 Fax (906) 903- 5666 e -mail: surety0chubb.rom Form 15.10- 0225@ -U (Ed. 5 -03) CONSENT �r" „iBft5 CALIFORNIA ALL PURPOSE ACKNOWLED6ME'NT State of California County of Los Angeles On MAR 04 2014 before me, Edward C. Spector, Notary Public, personally appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. rf - - •l EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES PROPOSERS CERTIFICATION AND COST PROPOSAL. Certification » I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for maintaining each of the locations and service categories listed below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. A. PARK RESTROOM -CABIN SERVICES Park Address Cost/Mo. Cosli Deviations District A 1 Stadium Press Box 602 N. Flower St. $373 $4,476 2 Stadium West Side Restrooms 602 N. Flower St. $373 $4,476 3 Stadium East Side Restrooms 602 N. Flower St. $373 $4,476 4 Stadium Player Locker Rooms 602 N. Flower St. $373 $4,476 5 Stadium Officials Locker Room 602 N. Flower St, $373 1$4,476 6 Stadium West Side Concession Bldg. 602 N. Flower St. $373 $4.476 7 Stadium East Side Concession Bid a. 602 N. Flower St. $373 $4476 District 1 1 Campesino 3311 W. Fifth St. $634 $7606 2 Edna 2140 W. Edna Dr. $634 $7,608 3 El Salvador 1825 W. Civic Center Dr. $$42 $10,964 4 Riverview 1817 W. 21st St. $634 $7608 5 Rosita 706 N. Newhope St. $425 $5100 Park Janitorial Maintenance Services RFP 14 -002 Page 28 28)yfiL T1'7 Park Address costlMo. CosttYr. Deviations District 2 1 Angels 914 W. Third St. $634 $7,606 2 Cabrillo 1820 E. Fruit St. $634 $7,608 3 Fisher Restroom 2501 N. Flower St. $492 $5,904 4 Fisher Cabin 2501 N. Flower St. $492 $5,904 5 Logan 1009 N. Custer St. $634 $7,606 6 Portola 1700 E. Santa Clara Ave. $634 IT608 7 Santiago RR "A" 2535 N. Main St. $425 $5,100 8 Santiago RR "B" 2535 N. Main St. $425 $5,100 9 Santiago Cabin 2535 N. Main St. $425 $5100 District 3 1 Delhi 2314 S. Halladay St. $634 $7,608 2 Madison 1528 S. Standard St. $634 $7608 3 Memorial 2102 S. Flower St. $634 $7,608 4 Sandpointe 3700 S. Birch St. $634 $7,608 District 4 1 Adams 2302 S. Raiff St. $634 $7,608 2 Centennial "A" 3000 W. Edinger Ave. $425 $5,100 3 Centennial "B" 3000 W. Edinger Ave. $425 1$5,100 4 Centennial "C" 3000 W. Edinger Ave. $425 $5,100 5 Centennial HGHS 3000 W. Edinger Ave. $425 $5,100 6 DYSC "A" includes locker room and restrooms 3000 W. Edinger Ave. $634 $7,608 7 DYSC "B" 3000 W. Edinger Ave. $425 $5,100 8 Heritage 4812 W, Camille St. $634 $7,608 9 Jerome 726 S. Comer 5t. $634 $7,608 Park Janitorial Maintenance Services RFP 14 -002 Page 29 2kx.A' LY1'8 The City reserves the right to delete one or more sites from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Park Address Cost/Mo. CosVYr, Deviations 10 Santa Anita 300 S, Figueroa St. $634 $7606 $ 16.00 11 Thornton 1801 W. Segerstrom St. $634 $7,606 $ n/a 12 Windsor 2915 W. LaVerne Ave. $634 $7,606 $ nla 8 37 Total Totals $19,674 $236,066 $ n/a The City reserves the right to delete one or more sites from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Labor Hourly Wage 1 Maintenance Supervisor $ 24,00 2 Maintenance Service Leadworker $ 2200 3 Maintenance Service Laborer $ 16.00 4 Journeyman Electrician $ nta 5 Apprentice Electrician $ n/a 6 Journeyman Plumber $ n/a 7 Apprentice Plumber $ nla 8 Journeyman Painter $ nla 9 Apprentice Painter $ n/a Surfaces I,e, Walls, Roofs, Entrances, Areas Around 0.30 B. dd-On Services Cost 1 Price By Square Foot Per Month — Park Restroom lx Day $ 0.20 2 Price By Square Foot Per Month — Park Restroom 2x Day $ 040 3 Price By Square Foot Per Month- Cabin $ 0.20 4 Price By Square Foot Per Month- Stadium $ 0,20 3 Price By Square Foot Per Job — Pressure Wash Exterior $ Surfaces I,e, Walls, Roofs, Entrances, Areas Around 0.30 Buildin s /Restrooms, Stadium Bleachers, Etc. Park Janitorial Maintenance Services RFP 14 -002 Page 30 2 W9TwM CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES PROPOSERS CERTIFICATION AND COST PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A -1 and A -2) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for maintaining each of the locations and service categories listed below at the level of quality described in the detailed specifications (Exhibit A -1 and A -2 and all attachments). Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, Incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. A. PARK BUILDING MAINTENANCE SERVICES Park Address Cost/M®. Cost/Yr. Deviations District 1 1 Rosita - Salgado Center 706 N. Newhope St. $900 $10,000 2 Rosita - Salgado Pool 706 N. Newhope St. $900 $10,800 3 Rosita- Salgado Gym 706 N. Newhope St. $900 $10,800 District 2 1 Logan Center 1009 N. Custer St. $488 $5,618 2 Santiago Nature Center 510 E. Memory Lane $900 $10,800 3 Santiago Lawn Bowling Center 510 E. Memory Lane $676 $8112 District 3 1 Memorial Center 2102 S, Flower St. $900 $10,800 2 Memorial Pool 2102 S. Flower St. $900 $10800 3 Sandpointe 3700 S. Birch St. $634 $7,608 4 Cypress Center 625 S. Cypress Ave. $691 $8,292 Total $7,869 $94,428 The City reserves the right to delete one or more sites from this contract with 30 days written notice. Park Janitorial Maintenance Services RFP 14 -002 B. SPECIALIZED SERVICES A. Labor Hourly Wage 1 Maintenance Supervisor $ 24,00 2 Maintenance Service Leadworker $ 22.00 3 Maintenance Service Laborer $ 1800 Journeyman Electrician $ n!a 5 Apprentice Electrician $ nla Journeyman Plumber $ n/a 7 Apprentice Plumber $ n/a 8 Journeyman Painter $ nta 9 lApprentice Painter $ nta B. Add -On Services Cost 1 Price By Square Foot Per Month — Building Maintenance $ 0 20 2 Price By Square Foot Per Month — Gym Maintenance $ 0,20 3 Price By Square Foot Per Job — Pressure Wash Exterior Surfaces i.e. Walls, Roofs, Entrances, Areas Around Buildin siRestrooms, Stadium Bleachers, Etc. $ Om Park Janitorial Maintenance Services RFP 14 -002 26i N2� The undersigned contractor agrees to provide park restroom Janitorial services in accordance with the specifications included in Exhibit A -1 and A -2. I/We have stated herein the services and fees that Uwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section IV. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated, ABM Onsite Services Name of Contractor (Person, Firm, Corp -) 1150 S. Olive Street, 19th Floor address Los Angeles, CA 80015 Address (909)374.8121 Telephone Number Sig aturs of Authorized Rep. James M. Alfieri, Regional Vice President Name and Title (Please Print) March 24, 2014 Date (909)857.1950 Fax Number Park Janitorial Maintenance Services RFP 14 -002 26AL T262 EXHIBIT D -1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK BUILDING MAINTENANCE SERVICES REFERENCES List and describe fully the contracts performed by your firm which demonstrate your abilityto provide the supplies, equipment or services included in the scope of the proposal specifications. 6AggLh additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: CltyotGardenGrove Contact individual: LuisTania Address: 111222 Acacia Pkwy Phone Number: Garden Grove, CA 82840 Contract Amount: $141,672 annually Description of supplies, equipment, or services provided: janitorial services to Multiple city locations Reference Customer Name: City of Newport Beach Address: 582 Superior Avenue Bldg. N Newport Beach, CA ContractAmount: $648,000 Description of supplies, equipment, or services provided: Janitorial services 24 buldings & 26 park restromms Reference Customer Name: G f Long Bead Address: 333 Vd. Ocean Blvd. Long Beach, CA 90802 Contract Amount: $740,704annually 714741.5386 Facsimile Number: 714 - 7414000 Year: Client Since 2013 Contact individual: Jim Auger Phone Number: 949-6644 -3080 Facsimile Number: 948-042 -7072 Year: Contactlndividual: Callghdllmo Phone Number: 552- 5704886 Facsimile Number: 562- 570.1535 Year: ClientSince2009 Description of supplies, equipment, or services provided: 57 buildings including Libraries and Parks THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14.002 rT A• y r•� EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent; and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto, Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposers bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted In lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals; and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. ABM Onsite Services Signed and Printed Name: James M. AIGed Title: Regional Vice President ` Date: March 24, 2014 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, Park Janitorial Maintenance Services RFP 14 -002 Page 33 P t• Z i . EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1865, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by Park Janitorial Maintenance Services RFP 14 -002 Page 34 26X-11 '5 rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 19246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes Involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided In Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. ABM Onsite Services Signed and Printed Title: Regional Vice President / Date: March 24, 2014 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PRR POSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14 -002 Page 35 MW CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES RESPONSIBLE PROPOSER -- SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? 105Yea s If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? $ 2.3 million 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ® No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was flied. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy anytime during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ® No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes El No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ❑ No Has your firm ever defaulted on a contract? ❑ Yes ❑ No see attached If "yes,° explain on a separate page. 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise Park Janitorial Maintenance Services RFP 14 -002 Page 36 211 -9L/ prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes E� No If 'yes," explain on a separate page, State the name of the organization debarred; the year of the event, the owner of the project, and the basis for the action. 9. in the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ❑ No see attached If "yes," on a separate page identify the claim($) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No see attached If "yes," on a separate page Identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes [l No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ® No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ® No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes [XI No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project($) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. % nla Park Janitorial Maintenance Services RFP 14 -002 Page 37 A• 7 r•i 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes [9 No 17. Has Gal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful' or "repeat' violations of its safety or health regulations In the past five years? ❑ Yes ® No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 16. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ® No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes M No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14-002 Page 38 ABM does not track and is not specifi cally aware of any contract that has been terminated for default; however because ABM has been in business for 100 years and has been party to literally hundreds of thousands of customer agreements, it is possible and even likely that ABM has been terminated by a customer citing default or dissatisfaction as the grounds for the termination, To the extent that such terminations have occurred over the years, ABM believes that such situations were isolated or specifically explainable. ABM and its divisions employ nearly 100,000 employees across the U.S., Canada and Puerto Rico. As such, at any given time ABM is involved in dozens, if not hundreds, of litigation matters. These claims are handled in the normal course of business by legal and risk management professionals employed by the company. Even large litigation matters involving millions of dollars would not have any impact on ABM's ability to provide timely services to The City of Santa Ana, • ♦ I In the ordinary course of business, ABM has, on occasion, various claims and lawsuits against third parties, primarily related to collection of monies owed. The amount of information regarding these matters is voluminous and, therefore, such information has not been included herein. Information about specific matters is available upon request. 2 80 ,ITSO Gonfidential and Prapnetery EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fixthe proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all Statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non - collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non - collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. County Subscribed and sworn to (or appeared before me. Notary Public Signature efore me on this day of 20_®� by proved to on t_h1s­gasisof satisfactory evidence to be the person Us Notary Public Seal M. THIS jw,O, EM MUST BE COMPL.EIED AND INCLUDED WITH THE -PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janftodal Maintenance Services RFP 14 -002 Page 39 2%04W I E4124,4 CALIFORNIA JURAT WITH AFFIANT STATEMENT Cee Attached Document (Notary to cross out lines 1 -6 below) El See Statement Below (twines 1 -5 to be completed only by document signer[s], not Notary) Though the information below is not required by law, it may prove - Signature of Dodument 5{gnac No. t Signature of Document Signer No.2 [f any) State of California valuable to persons relying on the document and could prevent County of J ,4 REHM Subscribed and sworn to (or affirmed) before me on this fraudulent removal and reattachment of this form to another document, Top of thumb here day of 20- by oat. Month Year Name of Signer Title or Typo of Document: Not,) "trtA.('ta-'% 044� *r proved to me on the basis of satisfactory evidence to be the person who appeared before me (and AIARGAHET G.E. QEL PRAfI)G - (2) Commission IS 1960241 Name of Signer of Notary public - California R I$ actory evidence Las Angeles County M Comm. Es lras Jun 25, 2016 Gel b;�ract.btl.apFna ^r t Signature v 1 ti -° t / ° ®® igneNr¢ Noldry Public Place Notary Seal Above Signeruh ether Than Namod Above. OPTIONAL Though the information below is not required by law, it may prove - valuable to persons relying on the document and could prevent , REHM fraudulent removal and reattachment of this form to another document, Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Typo of Document: Not,) "trtA.('ta-'% 044� *r -r^ �t Document Date: 2—'Q ;j- Number Pages: ] �v { of Signeruh ether Than Namod Above. 02007 National Notary Assoclatlon•9363 De Soto Ave.,P.O. Box 2402. Chatsworth, CA 91313�2402 ,warw.Nalionarra[aryorg Ilema591G Hoarder Call Talbrree 1- 080- 876-6827 101-r A- 26XI 32 BMO 6u11dingVelue Sample °tf of Insurance If awarded the job, the certificate's coverage limits and verbiage In the Description of Operations section can be revised to reflect the requirements In the approved written contract. REQUEST FOR PROPOSAL RFP NO. 14 -002 PRCSA FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES FOR CITY OF SANTA ANA PARK FACILITIES KEY RFP DATES: Issue Date: February 20, 2014 Pre - proposal Conference: February 27. 2014 Proposal Due Date: March 13, 2014 at 5:00 p.m. 2 L4'14 CITY OF SANTA ANA SAMPLE REQUEST FOR PROPOSAL FOR TABLE OF CONTENTS I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 4 VI. SCOPE OF WORK/SERVICES 5 VII. GENERAL INFORMATION 5 VIII. COORDINATION 6 IX. PROPOSER RESPONSIBILITIES 6 X. LICENSE REQUIREMENTS 6 XI. INITIATION /KICK OFF MEETING 6 XII. CITY BUSINESS LICENSE 6 XIII. ADDENDA 6 XIV. RULES FOR PROPOSALS 7 XV. PRE - PROPOSAL CONFERENCE 7 XVI. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 7 XVII. SUBMITTAL INFORMATION AND DEADLINE 7 XVIII. SUBMITTAL REQUIREMENTS 7 XIX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 9 XX. PUBLIC RECORDS 10 XXI. PROTESTS 10 EXHIBIT A SCOPE OF SERVICES 11 (Exhibits B -I have been removed and replaced by proposal completed set) 20 EXHIBIT B SAMPLE AGREEMENT 28 EXHIBIT C PROPOSERS CERTIFICATION AND COST PROPOSAL 32 EXHIBIT D OFFERERS REFERENCES 33 EXHIBIT E PROPOSERS STATEMENT 34 EXHIBIT F CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 36 EXHIBIT G RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 36 EXHIBIT H NONCOLLUSION AFFIDAVIT 40 EXHIBIT I SAMPLE ADDITIONAL INSURED ENDORSEMENT 28ZL J5 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES The City of Santa Ana is issuing this Request for Proposals (RFP) for providing park janitorial services in Districts A- 1- 2 -3 -4, and is interested in receiving proposals from contractors for providing park janitorial services at 37 park facilities listed in Exhibit C. The detailed specification included as Exhibit A describes the quality of work that is expected from the contractor. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of 24 months with two two -year options to renew. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is May 20, 2014, with a commencement date of June 1, 2014 and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreement may include provision for renewals as set forth in the Scope of Services, attached as Exhibit A. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit C shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a payment bond in the amount of fifty percent (50 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the payment bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to execute the written contract and furnish the required payment bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The payment r ` 7. bond is to be renewed annually and submitted by the contractor in the amount of 50% of the annual contract amount. VI. SCOPE OF WORK /SERVICES The scope of work may include any and all work efforts related to the Janitorial Maintenance Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with City residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at pre - proposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. 2 F•J(k I I BST. 7 VIII. COORDINATION 10 Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, local and /or state agency boards, and attendance at City Commission, Agency, and Council meetings,. The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. X. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a valid California C27 Contractor's license. XI. INITIATION /KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. XII. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XIII. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. r - ` F: XIV. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibit H). XV. PRE- PROPOSAL CONFERENCE A pre - proposal conference is scheduled for Thursday. February 27, 9:00 a.m. at the City of Santa Ana Corporate Yard, Administration Building, 220 S. Daisy Ave., 2nd floor Training Room, Santa Ana, CA 92703. The meeting will include a brief discussion of the specifications and will be followed by a question- and - answer session and job walk. All questions must be submitted in written form. After the pre - proposal conference, City will respond by posting and addendum on the City website (santa - ana.org /bids -rfp). It is highly recommended that proposer operation /field supervisors attend this meeting. XVI. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at santa - ana.org /bids -rfp. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager no fewer than five (5) calendar days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XVII. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XVIII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. One (1) original of the response to the RFP shall be signed by a company official with the power to bind the company. �TAMS0 0 B. Six (6) copies shall also be provided. C. One (1) pdf copy of the submittal on a compact disc, USB flash drive or equivalent Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including The names and experience of personnel and sub - consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to implement the project. 4. Proposal Deposit (Bid Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal in Exhibit C. B. EXHIBIT C — PROPOSERS CERTIFICATION AND COST PROPOSAL C. EXHIBIT D — REFERENCES — The Proposer shall submit a list of agencies, past and present, for which you have provided work similar to the scope identified in this RFP (Exhibit A) within the last 5 years. D. EXHIBIT E - PROPOSERS STATEMENT E. EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR F. EXHIBIT G — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE G. EXHIBIT H — NONCOLLUSION AFFIDAVIT H. The proposal must be completely responsive to the RFP. Any deviations to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. 2 �Xti LB U0 The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted proposals. XIX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: 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. Qualifications of certified irrigation techs assigned to this job, and number of FTE's assigned. Required documentation must be submitted with proposal. 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 6. List of equipment by manufacturer's name, model number, hours in service and attachments to be used during the agreement period. 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 Frank Hernandez, via email at fernandez @santa - ana.org. 2 X1 I I Q�T� The proposals will be reviewed by a committee of City team members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interviews or further discussions. XX. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. XXI. PROTESTS Bidders may file a "protest" of a RFP with the City's Purchasing Department. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) business days of either the RFP posted date or before 5:00 p.m. of the 5th business day following the posting of Bid Results /Notice of Intent to Award Contract on the City's website; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested; D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within fourteen (14) calendar days. The protestor may then appeal the decision of the Purchasing Manager to the Assistant Finance Director within five (5) calendar days of the date of the written decision from the Purchasing Manager. The Assistant Finance Director will provide a written decision to the protestor's appeal. The decision from the Assistant Finance Director is final and no further appeals will be considered. 26 1.142 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for providing park janitorial maintenance services. I. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City Representative's Authority The City's Representative 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 City's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the City's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the City's Representative 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 City's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his /her discretion. 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 City's Representative 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 City's Representative, 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 City's Representative: 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) type and quantities of 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 City's Representative 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, contractor's license number and contact information 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. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, excavation /trenching /shoring, confined space and hazardous waste identification and transport. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: 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. 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. H. TRAFFIC CONTROL 1. The Contractor will not interrupt traffic flow on City streets without obtaining a permit. 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. All traffic control work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, J. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) number of employees, employees daily work schedule by location and crew /task(s);2) recycled waste report; and, 3) material use report. K. WATER COST City will pay for water used by Contractor pursuant to this agreement. Should the amount of water applied be considered excessive and the City Representative can quantify what is considered normal water use from excessive then the Contractor shall pay the cost of the excess water. II. JANITORIAL MAINTENANCE SPECIFICATIONS A. DEFINITIONS "City's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 2. "Cleaning" shall mean the practice of thoroughly removing all stains, foreign materials, mineral deposits, etc. to achieve a high quality "like new" appearance. 3. "Sanitizing" shall mean to disinfect (eradicate disease causing agents) by use of germicidal or other approved disinfecting products. 4. "Polishing" shall mean, following cleaning, using products to enhance the "shine" of the surface being polished. 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, chemicals and other items needed to perform high quality park janitorial maintenance pursuant to the terms defined herein. The Contractor shall provide all park janitorial maintenance at work sites listed herein, including, but not limited to cleaning, scrubbing, polishing, toilets, urinals, doors, walls, floors, ceilings, windows, partitions, dispensers, hand rails plumbing fixtures, and replacing burned out lights, lens covers, removing foreign materials i.e. paper wads stuck to ceilings, walls, etc. In addition, the Contractor shall clean the exterior of the building surfaces including the walls, roof, windows, etc. and, other services required to maintain the work sites in a safe, attractive and useable condition. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks facilities to the quality described in these specifications and interpreted by the Director's Representative. C. AGREEMENT START -UP Beginning from the start date of the agreement the Contractor shall have one month to visit each building and park restroom to provide a one -time start -up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality of janitorial maintenance to the level specified in the agreement /specifications. Following the Contractor's start -up at each building /park restroom, the City representative will meet with the Contractor to inspect the facility and either approve or cite the areas within the specifications where the Contractor shall provide further quality janitorial maintenance. If at the end of the one month start -up period the Contractor has not completed the start -up service to the satisfaction of the City's representative, the City shall 2v0 iB�T withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will hire another Contractor to complete the start -up to the satisfaction of the City's Representative. D. BUILDING SECURITY The Contractor's shall provide the City at the beginning of the agreement a matrix listing the name of his /her custodians, what buildings they will service, what time the buildings will be serviced, what vehicles they drive (make, model and license number). This information will be copied to the Santa Ana Park Rangers and the Santa Ana Police Department for security purposes. The contractor shall keep all exterior doors locked during the performance of work or as otherwise directed and shall ensure that all doors are locked at the end of the shift unless otherwise noted. Offices with security systems shall have them activated immediately after work is completed in that area. The Contractor shall be responsible for any lost keys, card keys and any inherent damages (i.e., re- keying of whole facility). This cost shall be withheld from contractor's payment(s). The decision to re -key the whole facility is solely that of the City's Representative. E. EQUIPMENT USAGE There shall be no usage of City equipment, telephones, or facilities by the contractor's staff. The City may ask the contractor to remove staff from the site if they are found to be in violation of this policy. Electrical power (110) volts will be furnished by the City at existing power outlets for the contractor's use to operate such equipment as is necessary in the conduct of his work. The Contractor shall be responsible for any damage caused to the electrical outlets and their covers caused by the improper disconnection of equipment. Cold water will also be made available as necessary for cleaning. F. 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 City's Representative 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 City's Representative 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. 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. City will pay up to 15% mark -up on parts and materials. G. 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: (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 park janitorial maintenance between in the evening hours and be responsible for locking up the restrooms at the designated park closing time Monday through Sunday. The schedule may be modified at the City Representative's request. 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 City's Representative each month. A copy of these schedules shall be provided to the City's Representative prior the performance, and any changes in scheduling shall be reported in writing. 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 City's Representative 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 Building Engineering /Maintenance Services, Mechanical Engineering, or related science. Supervisors shall also possess janitorial management skills required to implement modern methods and newly developed janitorial maintenance procedures and /or practices. Supervisors shall accompany the City's Representative 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. b) The City's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contract employee is not performing to the satisfaction of the Director, the Director shall require the Contractor to remove any employee from work sites at his or her discretion. 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. 4. Trash Disposal and Recycling All waste shall be removed from the park site /facilities daily and disposed of in the Contractor's waste receptacles As an alternative, the City may allow Contractor to dispose of waste and trash in bins provided by the City. The City will determine the amount of 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 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. H. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit C. Daily Cleaning Schedule — Restrooms, Showers and Locker Rooms. a) Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model dispensers to Park Maintenance specifications upon discovery. Dispensers will be provided by the City. b) Flush toilets and urinals prior to finishing and add approved products. c) Check toilets and urinals for stoppages and use plunger and /or hand auger to unplug. Note that the should the Contractor be unsuccessful in unplugging the toilet or urinal causing the City to unclog the unit, and the clog is unplugged by plunger and /or hand auger, the cost for this service will be deducted from the Contractor's next monthly invoice. d) If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the City's Representative immediately. 2 F.Xti I BJI { W e) Remove all stains, dust, litter, debris and otherwise foreign matter on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. f) Empty, clean and sanitize receptacles inside and out. g) Sweep and mop entire floor with approved germicidal cleanser /solution. Hosing out restrooms is not an acceptable practice. h) Clean and sanitize all surfaces, including walls, doors, partitions, door /window jambs, vents, light fixtures, ceilings, etc. Tile floors and walls shall be cleaned and polished. i) Clean, sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. Polish all metal fixtures surfaces, inside and out, including but not limited to toilets, urinals, plumbing, sinks, flush valves, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. j) Clean and disinfect benches using approved germicidal cleanser. m) Inspect and replace burned out lights at the Contractor's expense inside and outside the building using approved products. k) Clean and disinfect lockers (inside, outside and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 1) Clean and sanitize shower walls, fixtures and curtains using approved germicidal cleanser. m) Pick -up, clean, sanitizes and removes trash and debris, including but not limited to feces, urine, paper, within 10' feet of the building in each direction. n) Clean exterior of the building free of all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. o) Turn off lights once work is completed. 2. Weekly Cleaning Schedule — Restrooms, Showers and Locker Rooms a) Polish all tiles surfaces using approved product to achieve a high quality appearance. b) Inspect shower curtains. If curtains are worn, the Contractor shall replace them at his own expense with a shower curtain product acceptable to the City's Representative. t �Xti I B1T c) Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. 3. Monthly Cleaning Schedule — Restrooms, Showers and Locker Rooms a) Clean and resurface floor surfaces using approved products per the manufacturer's specifications. b) Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. c) Pressure wash all exterior wall and pavement surfaces to remove dirt, dust, debris, stains, etc. to within 10' of the building. 4. Bi- Annual Cleaning Schedule a) Pressure wash roofs to remove dirt, dust, debris, stains, etc. 5. Approved Park Restroom Supplies a) Toilet Tissue - Acclaim White Singlefold Interfolded Bath Tissue item # 10101 —00 b) Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches. 6. Approved Cleaning Supplies a) For cleaning urinals and commodes Colossus #1605 b) For cleaning polished and brushed chrome Sheila Shine C) Metal /Chrome polish Sheila Shine d) Disinfectant Versatile #180 ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES FOR DISTRICT 1- 2 -3 -4 -A RFP REFERENCE NO: 14 -002 ** *REVISED DATE DUE: MARCH 24, 2014- 5:00pm * ** Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP NO: 14 -002 FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES FOR DISTRICT 1- 2- 3 -4 -A. This addendum shall become a part of the original Request for Proposal due by the REVISED due date of March 24, 2014 at 5:00 p.m. This addendum is provided in response to questions asked at the pre - proposal conference conducted on February 27, 2014. 1. Request For Proposal, Item X. License Requirements has been revised as follows: a. Add City Business License and Federal Tax Identification Number. b. Delete California C27 Contractor's license 2. Request For Proposal, Item XIX. Contractor Selection — Proposal and Evaluation has been revised as follows: a. Add 1. Ability of contractor and his /her "pressure washing sub - contractor" to... b. Delete ball diamond infield sub - contractor. 3. Request For Proposal, Table of Contents has been revised as follows: a. Add Attachment 1, Sub - Contractor Pressure Wash Maintenance b. Add Attachment 2, City of Santa Ana Park Services Janitorial Maintenance Standards (Attachment 2, has been provided in an electronic format to the Company) 4. Exhibit A Description and Scope of Work, H. Routine Maintenance has been revised as follows: a. Add r. Daily Cleaning Services — "Offices, Stadium Press Box, Closets, Storage Rooms," Restrooms, Showers and Locker Rooms b. Add 2. Weekly Cleaning Services — "Offices, Stadium Press Box, Closets, Storage Rooms," Restrooms, Showers and Locker Rooms t A IB�T c. Add 3. Monthly Cleaning Services — "Offices, Stadium Press Box, Closets, Storage Rooms," Restrooms, Showers and Locker Rooms d. Add 4. Bi- Annual Cleaning Services — "Offices, Stadium Press Box, Closets, Storage Rooms," Restrooms, Showers and Locker Rooms Exhibit A Description and Scope of Work, H. Routine Maintenance, 1. Daily Cleaning Services — Restrooms, Locker Rooms and Showers has been revised as follows: a. Add p) Clean and polish exterior of the building amenities (attached) including but not limited to drinking fountains, lights, IZnox boxes, plaques, windows (except Stadium Press Box), etc. of dirt, grime, all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. b. Add q) Clean interior windows free of dirt, grime, tape, smudges, streaks, etc. to achieve a clear glass condition. This includes Stadium Press Box. Exhibit A Description and Scope of Work, H. Routine Maintenance, 3. Monthly Cleaning Schedule — Restrooms, Showers and Locker Rooms has been revised as follows: a. Add d) Scrub floors and base boards completely clean of dirt, grim, stains, etc. using a power walk- behind floor scrubber and hand held power scrubber being careful not to damage flooring. 7. Exhibit A Description and Scope of Work, H. Routine Maintenance, 4. Bi- Annual Cleaning Schedule — Restrooms, Showers and Locker Rooms has been revised as follows: a. Add d) Clean exterior of Stadium Press Box windows free of dirt, grime, tape, smudges, streaks, etc. to achieve a clear glass condition. Should you have any question, or require additional information, please contact Frank Hernandez, (714) 571 -4218, themandezgsanta- ana.ora. 2 2 9X1-11 93 ATTACHMENT NO. 1 SUB - CONTRACTOR PRESSURE WASH MAINTENANCE DISTRICTS 1- 2 -3 -4 -A 1.0 Scope of Work 1.1 City Business License and Federal Tax Identification Number are required for pressure washing contractors specializing in pavement and surface high - pressure and high -heat cleaning services. 1.2 REQUIRED SUB - CONTRACTORS Contractor shall enter into separate agreements with one of the contractors listed below. These sub - contractors shall perform all pressure washing - cleaning specialized maintenance in accordance with this specification. • BCGR LLC Mark Wetherall 9 Calvados Newport Beach, CA 92657 949.292.7693 • Hydroblast Steve Amman 726 W. Angue Ave, Unit G Orange, CA 92868 714.639.8518 Other companies interested in becoming a subcontractor may do so by demonstrating to the City equal or better equipment, staff and can demonstrate a history of providing equal high - quality pressure- washing - cleaning services in other cities may be considered. 1.3 EQUIPMENT Contractor shall use a Landa Pressure Washer with the following specifications or greater: • ECOS filtered reclaim water vacuum system • PDHW diesel hot water pressure washer • Delivers 3,500 psi with a 4.7 GPM flow rate • Heater that will deliver over 180 degree water and steam • Kubota electric start engine with tri- plunger belt drive Landa LT pump warrantied for 7 years • 400 gallon water storage tank 1.4 Operators shall have a minimum of 3 years of experience performing quality pressure washing - cleaning services. 2��B'Te4 ADDENDUM NO.2 REQUEST FOR PROPOSAL FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES FOR DISTRICT 1- 2 -3 -4 -A RFP REFERENCE NO: 14 -002 * **REVISED DATE DUE: MARCH 26, 2014- 5:00pm * ** This addendum is provided in response to questions received. 1. On page 11 it says the Contractor shall maintain a physical office within the 714 area code. Can it also be 949? The physical office does not need to be within the 714 area code, but the selected contractor does need to be able to respond to issues within a reasonable time period. 2. Page 17: Trash Disposal and Recycling. Can you explain more about the waste? Do we have a location where the trash can be dumped at City facilities? Currently the City does not have a location to dump both trash and recycled waste. The contractors are therefore required to haul trash away and dispose waste offsite. 3. Is there a storage area for all of the paper supplies at each location? Yes 4. Page 18: Section m: Are we required to purchase the light bulbs at all locations or it is at our expense to just insert the lights? Contractors are required to purchase and replace burned out lights at their own expense. This negates any loss of time from the City providing the lights to the contractor. Furthermore, the City will approve any energy conserving light that illuminates a "white" light. 5. Who is going to provide all the consumable supplies? Example: Paper towels, toilet paper, soap, seat covers and trash can liners? These items are to be provided by contractors 6. Are we only required to clean the two restrooms at each park? What about the other buildings at some of the parks? Just the restrooms, with exception to the Dan Young Soccer Complex which has shower /locker rooms, the Stadium which has team shower/locker rooms /official locker room /press box and the buildings /gyms identified in this addendum. This addendum adds Exhibit A -1 Park Building Maintenance Services and Exhibit A -2 Gymnasium Maintenance Services scope of work. The specifications to maintain these newly added buildings are a part of this addendum. Additionally, Exhibits C -1 and D -I are added to this addendum and are required to be submitted along with Exhibit C and D. (Exhibits C -1 and D -1 have beend removed and replaced by Proposal completed set) 20A -100 EXHIBIT A -1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK BUILDING MAINTENANCE SERVICES SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for providing park janitorial maintenance services. I. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES City Representative's Authority The City's Representative 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 City's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the City's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the City's Representative 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 City's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his /her discretion. 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 City's Representative 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 City's Representative, 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 Park Janitorial Maintenance Services RFP 14 -002 1. 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 City's Representative: 1) a detailed annual, monthly and weekly work schedule consistent with task frequencies in Exhibit A -1; 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) type and quantities of 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 City's Representative 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, contractor's license number and contact information 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 City Representative may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, excavation /trenching /shoring, confined space and hazardous waste identification and transport. 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 City Representative of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Park Janitorial Maintenance Services RFP 14 -002 26XL1T6'7 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. 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. H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets without obtaining a permit. 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. All traffic control work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, I. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) number of employees, employees daily work schedule by location and crew /task(s);2) recycled waste report; and, 3) material use report. J. WATER COST Park Janitorial Maintenance Services RFP 14 -002 City will pay for water used by Contractor pursuant to this agreement. Should the amount of water applied be considered excessive and the City Representative can quantify what is considered normal water use from excessive then the Contractor shall pay the cost of the excess water. Il. JANITORIAL MAINTENANCE SPECIFICATIONS A. DEFINITIONS "City's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 2. "Cleaning" shall mean the practice of thoroughly removing all stains, foreign materials, gum, mineral deposits, etc. to achieve a high quality "like new" appearance. 3. "Sanitizing" shall mean to disinfect (eradicate disease causing agents) by use of germicidal or other approved disinfecting products. 4. "Polishing" shall mean, following cleaning, using products to enhance the "shine" of the surface being polished. 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, chemicals and other items needed to perform high quality park janitorial maintenance pursuant to the terms defined herein. The Contractor shall provide all park building janitorial maintenance at work sites listed herein, including, but not limited to cleaning, scrubbing, polishing of windows, desks, cabinets, computers, phones, kitchen appliances, hanging amenities (clocks, pictures, Knox boxes, etc.),toilets, urinals, doors, walls, floors, ceilings, windows, partitions, dispensers, hand rails plumbing fixtures, and replacing burned out lights, lens covers, removing foreign materials i.e. paper wads stuck to ceilings, walls, etc. In addition, the Contractor shall clean the exterior of the building surfaces including the walls, roof, windows, etc. and, other services required to maintain the work sites in a safe, attractive and useable condition. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks facilities to the quality described in these specifications and interpreted by the City's Representative. C. AGREEMENT START -UP Beginning from the start date of the agreement the Contractor shall have one month to visit each building and park restroom to provide a one -time start -up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality of janitorial maintenance to the level specified in the agreement /specifications. Following the Contractor's start -up at each building /park restroom, the City Representative will meet with the Contractor to inspect the facility and either approve or cite the areas within the specifications where the Contractor shall provide further quality janitorial maintenance. If at the end of the one month start -up period the Contractor has not completed the start-up service to the satisfaction of the City's Representative, the City shall Park Janitorial Maintenance Services RFP 14 -002 2 WW I 1 0.7 withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will hire another Contractor to complete the start -up to the satisfaction of the City's Representative. D. BUILDING SECURITY The Contractor's shall provide the City at the beginning of the agreement a matrix listing the name of his /her custodians, what buildings they will service, what time the buildings will be serviced, what vehicles they drive (make, model and license number). This information will be copied to the Santa Ana Park Rangers and the Santa Ana Police Department for security purposes. The contractor shall keep all exterior doors locked during the performance of work or as otherwise directed and shall ensure that all doors are locked at the end of the shift unless otherwise noted. Offices with security systems shall have them activated immediately after work is completed in that area. The Contractor shall be responsible for any lost keys, card keys and any inherent damages (i.e., re- keying of whole facility). This cost shall be withheld from contractor's payment(s). The decision to re -key the whole facility is solely that of the City's Representative. E. EQUIPMENT USAGE There shall be no usage of City equipment, telephones, or facilities by the contractor's staff. The City may ask the contractor to remove staff from the site if they are found to be in violation of this policy. Electrical power (110) volts will be furnished by the City at existing power outlets for the contractor's use to operate such equipment as is necessary in the conduct of his work. The Contractor shall be responsible for any damage caused to the electrical outlets and their covers caused by the improper disconnection of equipment. Cold water will also be made available as necessary for cleaning. F. 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 City's Representative 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 City's Representative 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. 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. City will pay up to 15% mark -up on parts and materials. Park Janitorial Maintenance Services RFP 14 -002 2 AN60 G. 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: (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 the City Representative that one of the above occurred in order to be excused from performing under the Agreement. Scheduling of Work — Routine Maintenance a) The Contractor shall provide park janitorial maintenance in the evening hours and be responsible for locking up the buildings at the designated park closing time Monday through Sunday. The schedule may be modified at the City Representative's request. 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 City's Representative each month. A copy of these schedules shall be provided to the City's Representative prior the performance, and any changes in scheduling shall be reported in writing. 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 City's Representative 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 Building Engineering /Maintenance Services, Mechanical Engineering, or related science. Supervisors shall also possess janitorial management skills required to implement modern methods and newly developed janitorial maintenance procedures and /or practices. Supervisors shall accompany the City's Representative 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. b) The City's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contract employee is not performing to the satisfaction of Park Janitorial Maintenance Services RFP 14 -002 26X4691 the City Representative, the City Representative shall require the Contractor to remove any employee from work sites at his or her discretion. 3. Materials a) The Contractor shall submit to the City Representative 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. 4. Trash Disposal and Recycling All waste shall be removed from the park site /facilities daily and disposed of in the Contractor's waste receptacles As an alternative, the City may allow Contractor to dispose of waste and trash in bins provided by the City. The City will determine the amount of 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 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. H. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit C -1. SPECIAL NOTICES-All furniture moved by the Contractor's employees during the performance of any services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work areas shall be denoted as such. Work areas and equipment shall remain under this state /condition until all work is complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution — Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. Daily Cleaning Schedule a) Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model dispensers to Park Janitorial Maintenance Services RFP 14 -002 I t �Xti 1 U Park Maintenance specifications upon discovery. Dispensers will be provided by the City. b) Flush toilets and urinals prior to finishing and add approved products. Replace waterless urinal filters with approved urinal manufacturer's cartridges as often as necessary to prevent foul odors and urine back -up. c) Check toilets and urinals for stoppages and use plunger and /or hand auger to unplug. Note that the should the Contractor be unsuccessful in unplugging the toilet or urinal causing the City to unclog the unit, and the clog is unplugged by plunger and /or hand auger, the cost for this service will be deducted from the Contractor's next monthly invoice. d) If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the City's Representative immediately. e) Remove all stains, dust, litter, debris and otherwise foreign matter on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, windows, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. f) Empty, clean and sanitize receptacles inside and out. Replace plastic waste receptacles liners so they are neat in appearance. g) Carpeting & Rugs- Vacuum all carpeted -rug areas wall -to -wall including areas immediately adjacent walls and other obstacles. Contractor may elect to sweep these areas out by hand first before vacuuming. h) Tile and other resilient floors and walls shall be swept, mopped using approved germicidal cleansers, and buffed /polished to a non - streaked consistent in appearance luster. i) Clean, dust and sanitize all surfaces inside and out, including walls, blinds, drapes, book cases, books, doors, partitions, door /window jambs, vents, light fixtures, ceilings, windows, window sills, mirrors, computers, telephones, speakers, wall boards, pictures, etc. j) Clean, sanitize interior and exterior of kitchen appliances, cabinets, washbasins, floor drains, and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. Polish all metal fixtures surfaces, inside and out, including but not limited to toilets, drinking fountains, urinals, plumbing, sinks, flush valves, kitchen vent hoods, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. k) Kitchens & break rooms -Wash and dry dishes and put away. Clean and sanitize counter tops, tables (surface and hardware, legs, etc.), vending machines, display cases, etc. Park Janitorial Maintenance Services RFP 14 -002 2 9xFi W3 Furniture - Clean, dust, vacuum, disinfect and polish furniture including but not limited to chairs, tables, cabinets, computers, televisions, exterior of potted plant pots, etc. using approved germicidal cleanser. m) Lamps (lighting replacement)- Inspect and replace burned out interior and exterior lights at the Contractor's expense using approved products. n) Locker Room -Clean and disinfect lockers (inside, outside and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. Clean, sanitize and polish wood benches and metal hardware. o) Showers -Clean and sanitize shower walls, fixtures and curtains using approved germicidal cleanser. p) Exterior of Building- Pick -up, clean, sanitizes and removes trash and debris, including but not limited to feces, urine, paper, within 10' feet of the building in each direction. q) Exterior Building Service -Clean exterior of the building free of all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. r) Outside Patios, Balconies and Building Entryways- Remove cobwebs from overhead surfaces, lights and other amenities affixed to the building entryway areas. This would include cleaning the exterior of glass and metal doors, door thresholds and hardware. Remove any litter, cigarette butts or bird droppings. s) Entrance Glass, Mirrors and Workstation Glass- Thoroughly clean both sides of all surrounding building entry door glass and entry doors for a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc. Remove any paper and /or tape. Clean all mirrors in restrooms, locker rooms and fitness center in the same manner as noted above. Spot clean workstation and /or partition glass daily as needed. t) Entrance Mats - Remove moisture, wet or dry soil, and any debris from carpeted, rubber and /or other material mats. Ensure mats are properly positioned on the floor. u) Stain Removal on Carpet, Upholstery, Partition Panels and Walls -Clean and /or remove all stains as quickly as they are discovered so as not to allow them to set into the fabric. If the stain is a coffee spill, use a contractor - supplied product similar to Interface Coffee Breaker and follow the manufacturer's recommended procedures. Do not blot or attempt to extract. Simply spray the affected area(s). v) Remove slap tags, graffiti and any other materials used to deface the building and it amenities. w) Turn off lights once work is completed. Park Janitorial Maintenance Services RFP 14 -002 2� 16'T6P4 2. Weekly Cleaning Schedule a) Spray and Buffing of Hard Floors -Clean and restore a uniform glass and protective finish to resilient tile or terrazzo floors that are finished with a floor finish. All chairs, trash receptacles, etc., shall be tilted or moved where necessary to spray buff underneath. The entire floor shall have a uniform coating of floor finish. All spray buff solution shall be removed from baseboards, furniture, trash receptacles, etc. b) Dusting of Ceiling, Atrium Ledges, Lunchroom Drywall Ledges and HVAC Wall Vents -Clean all HAVAC vents and area immediately surround them. Dust all atrium ledges at the glass /wood railing areas and at the atrium stairs. Dust lunchroom drywall edges. Care shall be taken not to spread dust into the air. c) High Dusting- Remove dust, cobwebs, oily film, etc., from all fixtures and surfaces above 11 feet from the floor surface. This would include lights, grills, light fixtures, pipes, sprinkler systems, cables, ledges, walls, atrium wood and ledges, ceilings, vents, etc. Care shall be taken not to spread dust into the air. d) Inspect shower curtains. If curtains are worn, the Contractor shall replace them at his own expense with a shower curtain product acceptable to the City's Representative. e) Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. 3. Monthly Cleaning Schedule a) Carpeted Floors -Pile lift carpet floors in all areas. b) Carpeted Floors — Bi- Monthly* - Spin bonnet all carpeted floors every two (2) months. *(calculate to monthly cost for bidding purposes). January; March; May; July; September and November. c) Tile Floors -Spray buff all tile floors. Clean and resurface floor surfaces using approved products per the manufacturer's specifications. d) Use pumice stone or other product /tool to remove mineral buildup from around fixtures in the restroom. e) Pressure -wash all exterior wall and pavement surfaces to remove dirt, gum, dust, debris, stains, etc. to within 50' of the building. Quarterly Cleaning Schedule Park Janitorial Maintenance Services RFP 14 -002 2M65 a) Tile Floors — Strip and wax all tile floors quarterly. *(calculate to monthly cost for bidding purposes) 5. Bi- Annual Cleaning Schedule a) Clean roofs free of leaves and all other debris. b) Pressure wash metal roofs to remove dirt, dust, debris, stains, etc. c) Carpeted Floors — Semi - Annually* - Extract clean carpeted floors two (2) times per year. *(calculate to monthly cost for bidding purposes) April and October 6. Approved Supplies a) Toilet Tissue - Acclaim White Singlefold Interfolded Bath Tissue item # 10101 —00 b) Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches. 7. Approved Cleaning Supplies a) For cleaning urinals and commodes Colossus #1605 b) For cleaning polished and brushed chrome Sheila Shine C) Metal /Chrome polish Sheila Shine d) Disinfectant Versatile #180 Park Janitorial Maintenance Services RFP 14 -002 t X-'01 T� Exhibit A -2 Gymnasium Maintenance Services Gvmnasium Floor Maintenance - Dail A high level appearance and a safe surface underfoot requires scheduled, daily preventive maintenance. Matting Contractor shall provide and replace as often as necessary U.S. Matt & Rubber Corporation entrance guard mats (or approved equal) at each outside and inside entry door directly leading into the gymnasium. The mats will be sized to cover the entire width of all doors in order to protect the gymnasium floor from dirt, moisture and other materials harmful to the gymnasium floor. Dust Mopping An essential element of preventive maintenance of wood sports flooring is daily dust mopping. The contractor shall use Algoma Mop Manufacturers "Mariner" mops (or approved equal) that has been treated with Hillyard Super Hil- Tone @, Hil- Mist ®, or Hil- Treat ®, to remove dirt and grit that acts like sandpaper underfoot in wearing away the gloss and protective coating on the flooring. The contractor shall clean the entire gymnasium wood floor surface daily. The contractor shall treat the dust mops by following the label directions. Never treat a dust mop and immediately use it. The contractor shall always brush out or vacuum the dust mops after each daily use, retreat the mop, and hang overnight for the next day's use. Spot Mopping and Damp Mopping The contractor shall also provide daily preventive maintenance of gymnasium wood sports flooring by removing spills and soil that daily dust mopping does not remove. It is important to remove spills as soon as possible to prevent slips and falls. For removal of blood, fecal matter, urine, and other potentially infectious materials as outlined in OSHA Regulation 29 CFR 1910.1030, the contractor shall use the Hillyard Bodily Fluid Disposal Kit (Item No. HIL0018204) Tools Required • "Wet Floor" signs • Mop bucket with wringer • Clean rayon mop with handle • Autoscrubber • Hillyard Super Shine -All® Procedures Park Janitorial Maintenance Services RFP 14 -002 29X -1 b7 • Set out "Wet Floor" signs. • Mix Super Shine -All at 2 oz. per gallon of water in a mop bucket, or 1 oz. per gallon in an autoscrubber. • For spills, soak mop in the solution, wring out, and mop the floor area while absorbing the spill. Re -soak the mop in the cleaning solution, wring out, and mop the area a second time. • When damp mopping the entire floor, change the cleaning solution when it becomes cloudy with dirt. NOTE: Do not mop heavy amounts of cleaning solution onto the floor. • If autoscrubbing, use a new white pad. • Allow the floor to dry thoroughly before removing "Wet Floor" signs. Spot Removal • Remove heel marks, gum, stains, etc. daily being careful to not damage the floor. Areas affected by removal of marks, gum, stains, etc, shall be refinished following Hillyard's refinishing specifications. Gymnasium Floor Maintenance — Bi- Weekly • Mop the entire gym floor once every two weeks using a ratio of 1 gallon warm water to 1 cup white vinegar to 1 cup of rubbing alcohol. Change water frequently to avoid mopping with dirty water, thereby, spreading dirt and grime around the gym floor. Gymnasium Maintenance Daily Maintenance 1. Clean walls and doors free of smudges, ball marks, and any other marks. 2. Clean any fixtures and /or appurtenances by wiping them free of marks, dust or any other unclean material. 3. Clean bleachers of trash, spills, stains, dust, dirt etc. Wipe down bleachers handrails. 4. Clean, sanitize and polish all steel surfaces including but not limited to metal hardware, door handles /plates, etc. 5. Clean all interior and exterior door glass. 6. Polish all panic bars and kick rails. Weekly Maintenance 1. Clean up and organize storage areas. 2. Dust off vents and other appurtenances up to 12' high. 3. Clean and disinfect wall coverings dust, marks, etc, up to 12' high 4. Clean up and organize the storage area. Park Janitorial Maintenance Services RFP 14 -002 I► • 5. Dust off vents and other appurtenance above 12' high. 6. Wipe down baseboards free of dust, marks, etc. 8. Clean walls above 12' high. Yearly Maintenance 1. Dust off and clean hanging ducts, score boards, etc. Park Janitorial Maintenance Services RFP 14 -002 OF IM �: ADDENDUM NO. 3 REQUEST FOR PROPOSAL FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES FOR DISTRICT 1- 2 -3 -4 -A RFP REFERENCE NO: 14 -002 This addendum is provided in response to questions received Questions Received in Black Answers in Red Stadium Are we cleaning the seating area inside the stadium. If so that's at least three days Yes, seats, concrete, seating hardware, etc. If I'm not mistaken the entrance is to the restrooms, concession stands etc.. are asphalt. Yes, these areas are asphalt so BCGR or Hydroblast will be careful. These areas accumulate dirt, grime, stains, bird droppings. Therefore the need to clean them as well. The only concrete, other than the seating inside the stadium, is the stairs up to the press box. There are areas around the main concession stand, inside the east and west concession stands, and the entrances to the east and west side restrooms. Also, we never saw the Gym at the stadium. There is not a gym at the Stadium Are all roofs to be cleaned? .......... flat vs, tile vs. metal etc.. metal roofs only District 1 Compesino Park. Is it just the restroom building? Is the hand ball court included? Just the restroom EI Salvador Park Does this include the following The concession building with concrete bleachers attached, the main community building that incorporate the pool and the double restroom building justnorth of the community building? Just the restroom bldg Riverview Park. Along with the main building (with attached vines), next to the street, is building across (next to the basketball courts) also included? just the restroom bldg. Rosita Park. Is it just the concession /restroom building (next to the baseball fields) or is the community center as well. Or is it the concession and the bleachers? just the restroom bldgfor the ExhibitA bid. The center /gym for Exhibit A-1 & A-2. 2�IVO District 2. Angels Community Park. Just the one building, next to the apartments? Yes Cabrillo Park. Just the main building in front the baseball fields 3rd base? Yes Fisher Park Cabin and restrooms 1.5 hours Yes Logan Park. Just the main building or does it also include the handball courts? ExhibitA -A1 &A2 restrooms /center -no handball courts Portola Park. Just the two buildings? One off Portola Ave, and the one behind the baseball fields. Just the restroom bldg -not the small rec bldg by the basketball courts. District 3 Delhi Park just the restrooms off Holladay St.? Yes Madison Park. just the building between the four square play area and the baseball field? Yes Memorial Park Is it just the restroom buildings (I believe there are 3)? There are multiple buildings around this park, restrooms, storage shed, community building, outdoor theatre. The center area as part of Exhibit Aland Exhibit for the pork restrooms —LL concession stand and band shelter not included. Sandepointe just the two buildings at the intersection of Orion and S. Birch? Yes District 4 Adams Park Should the electrical room be included as well as the restrooms? No just the restrooms Centennial Park At Centennial, just the six restroom /concession buil dings. Which would include the two buildings at the soccerstadium and the building at the large H.S.basketball courts Park restrooms and the restrooms /locker room in the Dan Young Soccer Complex Heritage Park just the building between the parking lot and the baseball fields? Not the shade /gazebo structure? 2MN! 1 Just the restr000ms —not the cell tower /picnic shelter Jerome Park Just the restroom /concession building between the baseball fields and the street? Yes Santa Anita Park Just the front entry area(10ft.) of the building? Or is the gazebo /pool included? Just the restrooms —not the paved area east of the center. Thornton Park Would this include all three building? The main restroom /concession building, the IRWD building and the building to the right of the main building. Just the restroom /concession bldg Windsor Park. Just the main building next to the tot lot? Or would this include the small building and the gazebo. Yes 2MAY2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: AGREEMENT AMENDMENT AND NEW AGREEMENT WITH DR. SCOTT WELDY TO PROVIDE VETERINARY SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK - CITY M AGER 1:1*4161imm4ill�7� 7_[��[�7►`I CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Dr. Scott Weldy, dba Serrano Animal & Bird Hospital, for veterinary services at the Santa Ana Zoo at Prentice Park, increasing total compensation from $75,000 to $84,500, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute a new agreement with Dr. Scott Weldy, dba Serrano Animal & Bird Hospital, for veterinary services at the Santa Ana Zoo at Prentice Park in the amount of $84,500, which includes a 30% contingency, for a one -year term with two one -year options under the same terms and conditions, exercisable by the City Manager, beginning July 1, 2014 and renewing on July 1, 2015 and July 1, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture and the Association of Zoos and Aquariums (AZA) to provide veterinary services for the collection of animals maintained at the Zoo. An agreement has been established with Dr. Scott Weldy to provide veterinary services for the Santa Ana Zoo at Prentice Park, Dr. Weldy has over 25 years of exotic animal veterinary experience and has established a comprehensive animal health program to monitor the wellness of the animals residing at the Zoo. Through routine, weekly zoo - facility visits to examine the animals' health and sanitation and maintenance of medical history records for each animal, Dr. Weldy is able to provide preventative and curative medical care for the entire zoo collection. An increase in total compensation to $84,500 will increase the contingency to 30% to provide for emergency and reimbursable veterinary expenditures at the Zoo through the end of the current agreement, which expires on June 30, 2014. Additionally, entering a new agreement with total compensation of $84,500 annually, which jpes1a 30% contingency, will provide veterinary Agreement Amendment and New Agreement with Dr. Scott Weldy May 6, 2014 Page 2 services from July 1, 2014 through June 30, 2015 with two one -year options to renew for services through June 30, 2017. The total compensation reflects sum of $65,000, for routine, weekly services and $19,500, for emergency or reimbursable expenditures. Due to the nature of maintaining a living collection, unforeseen needs such as emergency surgeries for elderly animals and urgent neonatal care necessitates the need for a contingency of this funding level. FISCAL IMPACT Funds are available in the Santa Ana Zoo at Prentice Park, Contractual Services - Professional expenditure account (no. 01113220 62300). Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency .- 25B -2 AMENDMENT TO AGREEMENT THIS AMENDMENT, made and entered into this 15"' day of April, 2014, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City"), and Dr. Scott Weldy DVM, dba Serrano Animal & Bird Hospital ( "Consultant "). RECITALS A. The City and Consultant entered into that certain Consultant Agreement dated. July 1, 2013, hereinafter referred to as "said Agreement" ( #A- 2013 -071), for Consultant to provide veterinary services to the Santa Ana Zoo at Prentice Park. B. The parties hereto desire to amend the Compensation term of said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: Section 2 of said Agreement, Compensation, is hereby amended to increase the Compensation by adding Nine Thousand Five Hundred Dollars for a total not to exceed amount of Eighty -Four Thousand Five Hundred Dollars ($ 84,500.00). 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Cavalho, City Attorney ✓JI ;z'C' By: Lisa Storck Assistant City Attorney David Cavazos City Manager CONSULTANT Serrano Animal and Bird Hospital Scott Weldy, DVM Owner 25B -3 25B -4 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 1't day of July, 2014 by and between Dr, Scott.Weldy DVM, dba. Serrano .Animal &.Bird_Hospital (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 veterinary 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 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 veterinary services to the Santa Ana Zoo at Prentice Park, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an amount which shall not exceed Eighty -Four Thousand Five Hundred Dollars ($84,500) annually during the Term of this Agreement. Payment shall include Sixty Five Thousand, Dollars ($65,000) for base bid Scope of Work and Nineteen Thousand Five Hundred Dollars ($19,500) identified in contingency for extra services subject to prior approval by the City. 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. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2015, unless terminated earlier in accordance with Section 12, below. There shall be two (2) one -year options to renew, exereisable by the City Manager under the same terms and conditions as this Agreement. 25B -5 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor _.. shall..it.be.construed to create-an employer- employee relationship, a joint venture relationship, or - to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance 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 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 Iimit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and 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, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: r (i) Consultant shall maintain all insurance required above in U1 force and effect for the entire period covered by this Agreement. (it) Certificates of insurance shall be furnished to the City upon execution of this Agreement.and -shall -be-approved in by the - City.. Attorney. - (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City. 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 affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 61 INDEMNIFIICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises byreason 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. 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 25B -7 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.. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1.988 Facsimile (714) 647 -6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services Agency City of Santa Ana 26 Civic Center Plaza (M -75) Santa Ana, California 92702 Facsimile (714) 571 -4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: Scott Weldy, DVM Serrano Animal & Bird Hospital 21771 Lake Forest Dr. # 111 Lake Forest, California 92630 Facsimile (949) 855 -9744 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, r 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. 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, 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. 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 perfornlance 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 25B -9 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 and all questions relating to its validity, interpretation, performance, and enforcement shall be government and constnied in accordance with the laws of the State of California. 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. 15, 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25B -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: r" ' Lisa Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager SERRANO ANIMAL AND BIRD HOSPITAL SCOTT WELDY, DVM Owner Tax ID # 25B -11 EXHIBIT A SCOPE OF SERVICES L .. CONSULTAN.T'S_OBLIGATI.ONS ... _...___ Consultant agrees to render veterinary services to City at the Santa Ana Zoo at Prentice Park ( "Zoo ") and in the home practice /place of business on a continuing basis for the duration of this Agreement, including, but not limited to the following: SCOPE OF WORK (BASE BID REQUIREMENTS) A. Serve as a medical officer for the Zoo's animal collection. B. Serve as caretaker of drugs, narcotics, and pharmaceutical equipment. Consultant also will administer or supervise, including verbal and written communications on the administration of narcotics, pharmaceuticals, and pharmaceutical equipment to the animals in the Zoo collection. C. Provide a comprehensive program of preventative and curative medical care for the animal collection; including annual and routine exams, annual review of the nutritional needs of all species and recommendations for any dietary changes, and a comprehensive parasite treatment plan for all species. D, Consult with appropriate zoological and/or human experts and Zoo staff to make recommendations regarding the nutritional and medical needs of the collection. E. Visit the Zoo facilities and examine the animals' health and sanitation on average 12 hours per week. The Zoo Curator and the Consultant will decided on the hours on an as- needed basis. Assist the Zoo Curator in establishing and maintaining complete medical history records for each animal in the collection. G. Approve the detailed report of medical treatment administered and other services performed at each visit as prepared by Zoo staff (or by the veterinarian) and sign the zoo vet visit log (time sheets) for the Zoo files. H. Exercise his/her best professional judgment and practice and make his /her best efforts to maintain the animals. Advise Zoo staff on maintenance of same so as to insure the best medical, husbandry, enrichment and living conditions possible for the animal collection. I. Provide telephone consultation, advice and prescription instructions on a reasonably unlimited basis, either with staff or other consulting veterinarians employed by City. Provide a signature as City's consulting /attending veterinarian, for necessary and required certificates, licenses, permits or other documents. 25B -12 K. Advise on ordering medicine, supplies or instruments. L. Obtain at his /her cost, medical malpractice insurance, REIMBURSABLE EXPENSES (SUBJECT TO PRIOR CTTY APPROVAL) *specialty tools and supplies not available in the Zoo hospital (i.e, access to ultrasound and digital radiography) * specialist diagnostic services (i,e. radiograph, dental, and surgical consultations) * after -hours emergency care (i.e. animals needing 24 br. care) *off -site clinic visits (i.e, animals taken to Serrano Animal Hospital for emergency treatment) Il CITY OBLIGATIONS In order to assist Consultant in execution of his responsibilities under this Agreement and to enhance the care of the animals in the collection, the City agrees to do the following: A. Maintain a pharmaceutical safe for the storage of all controlled drugs and narcotics. B. Maintain a facility for the use in the surgery and /or treatment of the collection with recovery and holding cages and related equipment as necessary at the Zoo. C. Provide Consultant with staff support from Zoo personnel, D. Purchase equipment, biological, drugs, narcotics, pharmaceuticals and /or other medical supplies upon reasonable request of Consultant, as needed. E. Provide staff assistance for the capture and treatment of animals. F. Provide staff treatment of specimens on telephone or written instructions from Consultant. G. Provide additional veterinarians, where advisable for emergencies and, as necessary, as back -up for the services listed herein. H. Maintain diagnostic or treatment notes filed in our records by backup veterinarians we may employ, for the Consultant's review or use. 1. Pay for all outside laboratory expenses incurred as a result of Consultant's supervision of animals in the collection. Pay all other expenses necessary for the care of the collection when reasonably recommended by Consultant and approved by the Executive Director of the Parks, Recreation and Commiunity Services Agency or his/her designated representative. 25B -13 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT _._ ..... FOR _ COMMERCIAL S` iENBRAL_LIABILITY- PCUCY._ _ ..... ... . Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy 4 relating to the following: I, The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 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, 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 Cleric of the Council, City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to malce this endorsement effective.) Effective Policy ## _ Issued to Countersigned by to this endorsement form as a part of Insured Authorized Representative 25B -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: AGREEMENT AMENDMENT AND NEW AGREEMENT WITH MARIA MADDOCK TO PROVIDE ZUMBA INSTRUCTION SERVICES CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: .: • ri ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2A Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Maria Maddock for Zumba instruction services, increasing the compensation from $25,000 to an amount not -to- exceed $30,000, annually, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute a new agreement with Maria Maddock for Zumba instruction services in the amount not -to- exceed $30,000 for a one -year term with two one -year options under the same terms and conditions, exercisable by the City Manager, beginning July 1, 2014 and renewing on July 1, 2015 and July 1, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) Leisure Services Program offers low -cost courses and activities to Santa Ana residents in the areas of Music and Dance, Arts, Nature and Science, Equestrian, Aquatics, Sports, and other special interests. The quarterly leisure class brochure has been instrumental in increasing the number of students registering for many classes. Since last summer, PRCSA has expanded the Leisure Services Program to include 127 new recreational and educational classes. Maria Maddock has been providing Zumba instruction for the city's Leisure Class Program since April 2010. Zumba is a fun way for individuals to gain confidence and learn Zumba dance ability. Ms. Maddock offers classes for ages thirteen years old to adult, five days a week. She is averaging over 40 -60 students per class. The Leisure Services Program is a revenue - generating program that uses registration fees to pay for instructors and supplies. The current agreement provides that the City retain 30 percent and provide the instructor 70 percent of the revenue. The number of class registrations has increased this fiscal year. Due to the popularity of the class, city staff is anticipating the instructor's compensation of the total revenyW-Wed the current contract amount of $25,000 Agreement Amendment and New Agreement with Maria Maddock May 6, 2014 Page 2 per fiscal year. Therefore the City is requesting increasing the not -to- exceed amount to $30,000 Additionally, entering a new agreement with an instructor compensation not -to- exceed $30,000 annually will provide services from July 1, 2014 through June 30, 2015 with two one year options to renew for services through June 30, 2017. FISCAL IMPACT Funds are available in the PRCSA - Recreation- Contract Services account (no 01113230 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency /e! 25C -2 AMENDMENT TO RECREATION SERVICES AGREEMENT THIS AMENDMENT, made and entered into this 6 "' day of May 2014, by and between the City of Santa Ana, a chatter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City"), and Maria Maddock ( "Provider "). RECITALS A. The City and Provider entered into that certain Recreation Services Agreement dated July 1, 2013 (Agreement #N- 2013 -073), hereinafter referred to as "said Agreement ", to conduct various fitness classes in the City's leisure class program. B. The parties hereto now desire to amend the "Compensation" section of said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: I. Section 2 of said Agreement, Compensation, is hereby amended to increase the Compensation by adding Five Thousand Dollars for a total Compensation to Provider not to exceed Thirty Thousand Dollars ($30,000.00) annually. 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager PROVIDER: Maria Maddock 25C -3 25C -4 RECREATION SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1" day of July 2014, by and between Maria Maddock (hereinafter "Provider ") 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 recreation service provider having special skills, resources and knowledge to conduct various fitness classes in its leisure class program. B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to provide the programs set forth in Exhibit A, City agrees to pay the Provider seventy percent (70 %) of all gross revenue received from program participants. Anticipated compensation to Provider shall not exceed $30,000 annually. Payment to Provider shall be made within thirty (30) days fallowing completion of the last class taught by Provider that month. 3. TERM This Agreement shall commence on July 1, 2014, and terminate on June 30, 2015, unless terminated earlier in accordance with Section 12, below. There shall be two (2) one -year options to renew, exercisable by the City Manager and the City Attorney under the same terms and conditions as this Agreement, 4. INDEPENDENT CONTRACTOR Provider 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider 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. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which shalt 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 Provider'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 25C -5 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 insured's provisions. b. Worker's Compensation Insurance, In accordance with the provisions of Section 3300 of the Labor Code, Provider, if Provider 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 tinder this Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be, approved in form by the City Attorney. (ii) 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. d. If Provider 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 Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6, INDEMNIFICATION Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Providers, 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Provider 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. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST Provider 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. 8. LIVE SCAN BACKGROUND CHECK Providers, and any employees, subcontractors or substitutes, in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 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 rnail, postage prepaid, or sent by telefacsim le or other telegraphic communication in the manner provided in this Section, to the following persons; TO City: Clerk of the Council City of Santa Ana 25C -6 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 571 -4211 To Provider: Maria Maddock 3050 Birch Street #613 Santa Ana, CA 92704 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. 10, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider, 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 Provider. 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 Provider or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 11. ASSIGNMENT /SUBSTITUTES a. Assignment. The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider 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. Provider must personally teach at least seventy -five percent (75 %) of its offered classes, b. Substitutes. In the event Provider is not able to teach a class due to illness or some other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified substitute instructor to teach the class at its regular time and place. Provider shall ensure that substitute instructors comply with the City's insurance and live scan requirements contained herein. Provider must immediately notify the City of the substitute instructor's name, qualifications, address and phone number. If Provider cannot procure a qualified substitute and the City is unable to assist in this regard, then the class shall be canceled and a make -up class must be added to the session, Provider must notify participants as soon as possible of any class cancellation and make -up class. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. Termination or cancellation of classes by the Provider must be given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide adequate cancellation notice to the City may put future contracting of business with the City at risk and will result in the City's retention of ten (10 %) percent of the final payment to Provider. 25C -7 13. DISCRIMINATION Provider 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, teaching, training, utilization, promotion, termination or other employment related activities. Provider 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. 15. LICENSES Provider 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. 16. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder, 17, EXIIIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 18. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that be so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. 25C -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year First above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Storok Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager PROVIDER Maria Maddock 25C -9 Exhibit A SCOPE OF SERVICES— Maria "RIA" Maddock Provider will teach Zrmzba w/Ria and Piloxing classes for age 13 & up. A. Zumba w /Ria- class consists of monthly session, held 2 days per week, 50 minutes per day -$20 /per 2 day session. (M & W) B. Zumba w/Ria- class consists of monthly session, held 2 days per week, 50 minutes per day -$20 /per 2 day session. (T &Th) C. Piloxing class consists of monthly session, held 2 days per week, 50 minutes per day -$20 /per 2 day session. D. Zumba Saturday Morning wMa class consists of monthly session, held 2 days per week, 50 minutes per day -$15 /per 2 day session. E. Classes will be throughout the year. F. Provider and City staff shall mutually agree upon a schedule for classes, including the location, specific days and hours when class will be held and holidays to be observed. G. Provider shall provide materials, supplies, equipment, records and personnel. Provider shall be responsible for clean -up of the facilities and materials and shall ensure the safety and effectiveness of instruction. H. If Provider allow others to teach his /her class, those teachers must be over 21, have obtained and maintain an instructor rating, and be covered by Providers insurance. Provider shall provide City with documentation to verify instructor and insurance requirements CLASS SIZE A. Each class must have a minimum of 1 paid student and no more than a maximum of 65. B. No registration will be accepted after the second meeting of class. C. In the event the minimum number of enrollees is not realized by the second meeting of the class, the class shall , be canceled. Provider will be under no obligation to provide services and the City will have no obligations to pay Provider compensation. CLASS FEES A. Each participant shall pay a $20/$15/$20 class registration fee per month. Annual anticipated compensation to Provider shall not exceed $30,000.00. B. No refunds will be made to participants after the first week of class unless the class is cancelled by the City. C. The City shall collect registration fees from each participant during the registration period. Provider shall not collect fees, but shall refer all interested participants to City for registration. D. The City shall collect registration fees from each participant during the registration period. Provider shall not collect fees, but shall refer all interested participants to City for registration. E. Provider will receive seventy percent (70 %) of the total fees collected each month. City and Provider agree that City shall retain thirty percent (30 %) of the fees collected as an administration fee. Provider agrees that City is entitled to audit Provider's records and classes to hrsare compliance with this Agreement. F. Provider may not waive class participation/registratioa fees. G. City shall prepare class rosters and provide a copy to Provider. Only registered participants may participate in class. 25C -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: AGREEMENT WITH ILJAOC TO PROVIDE ELECTRONIC CITATION PROCESSING SERVICES CITY MANAggE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: --:• o ❑ As Recommended ❑ As Amended ❑ Ordinance on is' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with the Integrated Law and Justice Agency for Orange County (ILJAOC), to provide an electronic citation processing system in an amount not to exceed $406,413, for a three -year period, subject to non substantive changes approved by the City Manager and City Attorney. DISCUSSION In October 2013, the Superior Court issued a notice to cities throughout the County that they would no longer be contracting with the firm that enters the citation data from handwritten tickets into their Case Management System. Because this was an issue affecting all Orange County cities, the ILJAOC took lead in issuing an RFP for electronic citation services. Ten vendors submitted proposals for review and Brazos Technologies was selected as the most qualified vendor. The Brazos contract is administered by the ILJAOC and ILJAOC will take on an overall contract management role. In turn, ILJAOC will invoice each participating department for the Implementation, equipment and warranty so they can pay Brazos and other contractors supporting this countywide project. The electronic citation processing system will replace the current paper citation system and enhance the Police Department's current method of processing citations. in addition to providing efficiencies within the Court system, the new system will provide the Police Department with real time reports and reduce the amount of staff time needed to review and correct citations. It will also ensure that our citations are processed by the courts in a timely manner and facilitate the continued adjudication and collection of fines associated with citations. 25D -1 ILJAOC Agreement May 6, 2014 Page 2 FISCAL IMPACT Funds in the amount of $406,413 are available in the Police Department Asset Forfeiture account (no. 02614450 62300). APPROVED AS TO UNDS AND ACCOUNTS: Carlos Rojas Francisco Gutierrez Acting Chief of Police Executive Director, Finance & Mgmt. Services 25D -2 L 'A i I& L 1w.,, �- �0, Integrated Law and Justice Agency for Orange County 2501-3 - A Joint Powers Authority - Jackie Gomez- Wbitaley, Chair Cypress Police Dept. TO: Carlos Rojas, Interim Chief of Police 5275 orange Ave. Santa Ana Police Department Cypress, CA 90630 714229 -6621 FROM; Bob McDonell, Executive Director 714 229.8957 Fax SUBJECT: Automated Citations Project — Letter of Commitment Kevin Baker, Vice chair DATE: March 17, 2014 Westminster Police Dept. 8200 Westminster Blvd Westminster, CA 92683 714548.3706 ILJAOC is implementing an electronic citations project Countywide In 714379.9604 Fax the second half of fiscal 2014, in response to the Superior Court's Bob McDonell notice that they will no longer be contracting with the firm that enters Executive Director the citation data received, into their Case Management System, As a 949 279 -4888 result, issuing agencies may see long delays due to the lack of Court Member Agencies resources, which will no longer be available to process them; thereby area oft Impacting the adjudication of those matters. We are told the result Anaheim will affect the fines and forfeiture revenue of those respective Brea jurisdictions. (In some cases, the citations may not be entered at all Buena Park due to statute of limitations issues.) The project and approach is Costa Mesa described in the attached implementation report, adopted by the Cypress ILJAOC Board at their January 2014 meeting. Fountain Valley nn The project is based on a competitive procurement run by ILJAOC Gordan Grove Garde (with the participation of a number of the member agencies, which Huntington Beach served as the review committee), that resulted in the selection of Irvine Brazos Technologies as the vendor. The first phase of that La Habra engagement was a pilot project that deployed the system at the Brea, La Palma Irvine and Orange Police Departments. Laguna Beach Los Alamitos The Brazos contract is held by ILJAOC and ILJAOC will take on an Newport Beach Orange overall contract management role. They will work with Brazos to Placentia order equipment, manage the schedule, refine configurations and run Santa Ana regular meetings that monitor Brazos' delivery and schedule Seal Beach performance. ILJAOC will invoice each participating department for Tustin their equipment and implementation, and will in turn pay invoices to Brazos and other contractors supporting the project for ILJAOC. Westminster W County of orange, on behalf of; Ownership of the equipment will be transferred to the respective District Attorney's Office departments upon completion of the implementation phase of the Probation Department project; however, ILJACC will manage the warranty and service for Public Defender the devices on an ongoing basis. ILJAOC will invoice the Shedff's Department& department annually for the costs associated with the annual their contract cities software licensing and maintenance, once the Project has completed University of CA, Irvine Police Department the implementation phase and we move to annual sustainment. The Superior Court of California, pricing includes an ILJAOC administered extended warranty for much County of orange of the equipment as part of the base offering. ILJAOC will work with 2501-3 2j Page Automated Citation Project Letter of Commitment Brazos to repair or replace hardware components that fail during the first five years of operation through the utilization of the maintenance fees, The exception is the core Motorola handheld device, These devices are procured with a 3 year no -fault warranty. Their planned life is approximately 6 years. Experience in Brea and Orange Indicate that the actual life of the devices is well in excess of 5 years in most cases, ILJAOC does not plan to replace those units outside of the extended warranty period at this time. ILJAOC is working with the Orange County Random Access Network (RAN) Board to develop a cost sharing plan in conjunction with their mobile fingerprint project that could address the replacement of much of the portable equipment at the end of its useful life (4 to 6 years). Once we are able to further explore the potential for that arrangement, ILJAOC will reconsider a life cycle management program that if necessary, will involve the collection of a portion of the capital replacement costs on an annual basis to allow for the complete replacement of the equipment when necessary, without having to request additional funding for the capital replacement from the participating agencies. Originally the costs for this project were presented on a unit basis. The costs have now been refined to allow each member agency to customize their purchase and add additional quantities as necessary. This allows for greater transparency and provides for a breakdown of each cost element. The costs have not changed from our previous estimate; they are simply refined for each Agency's needs. The costs are made up of two components. There is a baseline implementation cost for each agency, plus the per unit hardware components. The project allows each department to select the number of devices and ancillary Items to purchase. Departments can make configuration selections to suit their operations that will impact the total cost. ILJAOC operates on a not for profit basis and as more agencies participate and volumes increase, efficiencies are expected to be realized. iLJAOC will review the project financials periodically and if a project funding surplus is realized due to the expected efficiencies, then options for the use of that surplus including capital replacement deferred maintenance costs will be explored, 2501-4 3 1 P a g e Automated Citation Project Letter of Commitment As stated earlier, annual maintenance costs and related fees will be invoiced in conjunction with your yearly ILJAOC membership fee invoice. Participation in the project is voluntary by department and as such, the Implementation and maintenance costs invoiced vary by department and are based on the quantities of equipment that a department chooses to employ Please sign and return the acknowledgement below to Indicate that your department has obtained the necessary approvals from your City Manager to proceed with the project, and that you are in agreement with the arrangements described above, Respectfully Submitted, && Qw� Bob McDonell EXECUTIVE DIRECTOR Attachments: Citations System Implementation Report Cc: David Cavazos, City Manager 2501-5 41 Page Automated Citation Project Letter of Commitment ILJAOC Citation Project Department Specific Budget and Acknowledgement Santa Ana Police Department Your staff has indicated that you wish to acquire the following quantities. One -Time Implementation Costs It Motorola MC75As Unit Price $1,262.00 Sales $100.96 Quantity Ordered 60 s Total Co t $81,777.60 3 Year Bronze Support $265.00 60 $15,900.00 Mag Stripe Readers, $109.00 $8.72 60 $7,063.20 Blometric Fingerprint Readers $750.00 $60,00 60 $48,600.00 Motorola Four Bay Charging Station`* $353.00 $28.24 10 $3,812.40 Motorola Wall Chargers ** $95.00 $7.60 30 $3,078.00 Motorola Car Chargers (Adapter)* $130.00 $10.40 30 $4,212.00 Motorola Car Chargers (Mounted)* $265.00 $21.20 0 $ .00 Zebra Printers (no mag stripe reader) $556.00 $44.48 60 $36,028.80 Zebra Printers (with mag stripe readers $645.00 $51,60 ^ 0 $ ,00 Zebra Printer Four Bay Charging Station ** $345,00 $27.60 3 $1,117.80 Zebra Printer Wall Chargers ** $65.00 $5,20 30 $2,106.00 Zebra Printer Extra Batteries $78.00 $6.24 15 $1,263.60 Cases of Receipt Paper* $95.00 x$7.60 5 $513.00 Brazos Citation Software $650.00 60 $39,000.00 Brazos Accident Report Software* $30.00 60 $1,800.00 Per Device Deloifte Consulting's Project Mara ement Fee * ** $760.00 $75000 80 $46,800.00 Agency Del©ftte Consulting Project Mana ement Costs* ** $1,000.00 Flat Fee $1,000.00 Brazos Implementation Services $7,500.00 _ Flat Fee $7,500.00 Brazos Two Day User Training y�$4,500.00 Flat Fee $4,500.00 Total One -Time Implementation Cost $306,072.40 Indicates optional items Requires charging devices; different options available Project management servcies are provided by contract by Delolue Consulting. To distribute the costs appropriately across the project, the fee is broken between a base fee for each agency 25D -6 5jPage Automated Citation Project Letter of Commitment and a fee associated with each device that an agency deploys on the assumption that larger agencies will have more complexity associated with their implementation. Annual Costs `. *,. ILJAOC Maintenance Services are a fee per device that funds the maintenance of the data interface to the Court and provides a fund that allows for extended warranty replacement for hardware (excluding the Motorola MC76A device Itself in years 4 & 6) that should fail or require repair during the first five years of operation. This fee will be reviewed annually and will be adjusted so that IUAOC Is recovering only enough to pay the costs of the replacement program. This will result in a total implementation cost of $306,072.4o and an annual maintenance cost of $37,570.00 (which does not include any capital replacement costs, should the FLAN Board not approve a cost - sharing arrangement with their Mobile Fingerprint Project.) The project team would be happy to work with your staff to adjust quantities or to develop a customized hardware configuration. Either of these adjustments will result in an adjustment of your Implementation and maintenance costs. Acknowledgement and Acceptance: Name: Title: Signature: ?PROVF9> As'rO FOR14 Laura A. Rossini As City Attorney 25D -7 City of Brea --lass ■ MIUMIUMMIN Administrative Services 10/28/2013 6.1755 Brett Charming 1 Civic Center Circle Brea, CA 92821 in Thursday, November 28, 2013 Phone; (714) 990-7675 Fax: (714) 6714484 E-Mail: brettc@cityofbrea.net Mailing Address INVOICE Quantity / Service Address Total 20132014 ILJAOC Member Agency Fee • Capital, 1.00 $21,401.00 $21,401.00 Total Charges $94,893.00 Tax (8.60) 1 $0.00 Total Inrlce $94,893.00 Payments $0.00 Te rljr�—TIIZ ForilD�Wth—pay—m�'nF — — — -- — — — — — — — — — — — — — — -- — — — — — — — — — — — — - Make Checks Payable to: City of Brea Please include the invoice number on your check. 10/28/2013 6-1755 MV 11/28/2013 $94,893.00 Mail Payment Ti,. Customer Service Address: City of Brea • Administrative Services CITY OF SANTA ANA Brett Channing 60 CIVIC CENTERTLAZA #M-97 I Civic Center Circle �S NTA ANA, CA 92762 Brea, CA 92821 25D-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL_ MEETING DATE: MAY 6, 2014 TITLE: AUTHORIZE CITY MANAGER TO ACQUIRE KIOSKS FOR ARTISTS VILLAGE FROM THE IRVINE COMPANY r� CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 13-10-T071-9-61 ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award contract to the Irvine Company for the purchase of four retail kiosks for the Artists Village in the amount not to exceed $50,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Activating the promenade in the Artist Village with pedestrians is a high priority and staff are seeking to introduce live music, improved outdoor dining and upgraded lighting. At this time, staff is also preparing to develop operating and design guidelines to introduce retail kiosks to the promenade. This work is consistent with Santa Ana's Strategic Plan which emphasizes our Downtown as a thriving, culturally diverse, shopping, dining and entertainment destination. This past month, staff became aware of a unique opportunity to purchase discounted, pre -owned retail kiosks formerly utilized at the Irvine Spectrum by the Irvine Company. These kiosks are in excellent condition and meet the city's specifications. The Irvine Company has offered four kiosks for purchase at $12,000 each, which includes delivery to the Downtown Artists Village area. The purchase of these pre -owned kiosks is time sensitive and when compared to the purchase of new kiosks, will result in significant upfront savings to the City. Further, given estimates of rental rates of $1,000 per month for the kiosks, it is anticipated that the cost of acquisition can be amortized over a year's time. The proposed locations for the four kiosks are illustrated in Exhibit 1. Staff is confident that these kiosks can also serve as retail incubators for small businesses. It is also anticipated that one kiosk will be used as an information hub, providing news and events of interest to Santa Ana's various community and business groups. Once the kiosks are acquired and through an interactive website that will be launched, residents and visitors to the promenade will be invited to provide input on the types of businesses they 25E -1 Artists Village Kiosks May 6, 2014 Page 2 would like to see utilize the kiosks. Staff will also finalize our operating and design guidelines to ensure that the selected business enterprises meet city standards and expectations with the delivery of the kiosks anticipated in early July. FISCAL IMPACT Funds are available in the General Non - Departmental Machinery & Equipment account (no. 01105015 - 66400). Marc Morley -- -� Economic Develop ent pecialist III Community Develoa t Agency MM /kg Exhibit: 1. Kiosk Locations 2. Letter of Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency s 25E -2 EXHIBIT 1 Artists Village Proposed Kiosk Locations 25E -3 sop 'IL 2,,- r 4 < . .i SF 7 Al MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tinajero COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Rayne Vincent F. Sarmiento CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY 20 Civic Center Plaza, M -29 • P.O. Box 1988 Santa Ana, California 92702 (714) 647.5201 • Fax (714) 647.8515 www.santa- ana.oro May 6, 2014 The Irvine Company C/O Heather Epstein Director of Specialty Leasing 101 Innovation, Irvine CA 92617 RE: Purchase of Retail Kiosks by City of Santa Ana Dear Ms. Epstein, CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar EXHIBIT 2 This letter shall confirm and memorialize the agreement between the Irvine Company and the City of Santa Ana wherein the Irvine Company has agreed to sell to the City four (4) retail kiosks formerly utilized by the Irvine Company at the Irvine Spectrum. The City shall pay $12,000.00 per kiosk. The sales price includes delivery by the Irvine Company of each kiosk to designated locations in the City. The kiosks will be delivered before the end of July 2014. The City will pay $12,000.00 per kiosk to the Irvine Company within 30 days of receipt and acceptance of the kiosk by the City. The Irvine Company agrees that the kiosks will be delivered in the relative same condition as they existed when in use at the Irvine Spectrum. The City thanks the Irvine Company for facilitating the sale of the kiosks. Please acknowledge your agreement with the terms herein by executing below and returning to my office. Please do not hesitate to contact me if you should have any questions. Heather Epstein Sin�cceere�ly,� � DAVID CAVAZOS City Manager SANTA ANA CITY COUNCIL Miguel A, Pulido Sal Tlnolero Vincent F. Sarmiento Michele Medina. Angelica Amemua P. David Sanavides Roman Rayne Mayor Mayor Pro Tem, Ward 6 Ward Ward Wahl Ward Ward MPulldoralsanta- ana.om $Tinaieroldisanfa - ena.om VSnrmiento0samri- ana.om _ AbriffWntaffe om AAmexcuaOsenleanaora ABenavldes(a)santa- ena.om RRevna0santa- ena.0ro A16 460 L- 460 25E -6 A4111 CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: CONSOLIDATED PLAN ANNUAL UPDATE CITY MANAGER • r ! .: CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the 2014 -2015 Consolidated Plan Annual Update and authorize the submittal to the U.S. Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on April 16, 2014, by a vote of 5:0 (Sandoval absent), the Community Redevelopment and Housing Commission recommended the action stated above. DISCUSSION Each year, the City of Santa Ana receives funding from various formula grant allocation programs administered by the U. S. Department of Housing and Urban Development (HUD). These funds provide valuable services to the community such as affordable and supportive housing, community development programs, public services and economic opportunities. The programs include Community Development Block Grant (CDBG), HOME Investment Partnership Grant (HOME), and Emergency Solutions Grant (ESG). Housing Opportunities for Persons with AIDS ( HOPWA) funds had been previously allocated to the City of Santa Ana as the most populous city in the county to use throughout the County of Orange to provide resources, supportive services and incentives for long -term comprehensive strategies to meet the housing needs for persons with HIV /AIDS. This fiscal year the City of Anaheim has been awarded the HOPWA funds. Due to the late notification, the City of Santa Ana will contract with the City of Anaheim as an administrative agent to operate the HOPWA funds. During Fiscal Year 2014 -2015, the City will receive the following allocations: 29A -1 Consolidated Plan Annual Plan May 6, 2014 Page 2 Program Allocation CDBG - s $5,560,186 HOME $1,191,686 ESG $461,626 Every five years, the City must submit to HUD its Consolidated Plan. This is a five -year comprehensive planning document and application for all of these programs. It describes a strategy to meet the needs of the community and identifies resources and programs that can be used to address them. In May of 2010, the Five Year Plan for the period of July 1, 2010 to June 30, 2015 was submitted to HUD. As part of this on -going process, the City is required to submit an Annual Update to the Consolidated Plan. This document establishes a one -year investment plan that outlines the intended use of resources in the forthcoming fiscal year. The proposed Annual Update covers the 2014 -15 fiscal year. It reaffirms the established policy of allocating funding in neighborhoods where programs and resources would have a maximum impact. HUD regulations require that the draft Annual Update be made available for a 30 -day public review and comment period. On March 16, 2014, notification was published in the Orange County Register that the draft plan was available for review beginning March 16, 2014, and that the public hearing would be held on April 16, 2014. It was also noticed in La Opinion and Nguoi Viet as well as on the City's website. The 30 -day public comment period concluded on April 16, 2014. In accordance with federal regulations, all neighboring jurisdictions were also informed of the draft's availability for review. All comments received, including all funding recommendations made by the City Council on May 6, 2014, will be included in the final document, which is due to HUD no later than May 15, 2014. FISCAL IMPACT There is no fiscal impact associated with this action. Shelly La ry -Bayle Housing onager Community Development Agency SLB/TE /kg Exhibit: 1, Draft Consolidated Plan Annual Update FY 14 -15 29A -2 Exhibit 1 The Draft Consolidated Plan Annual Update FY 14 -15 can be found on the City's internet at: http: / /www.santa- ana.org /cda/ documents /ConPlanDraftMay62014.pdf or http: / /www.santa- ana.org /cda/ . In addition, a copy is on file in the Office of the Clerk of the Council and is available for public inspection during regular business hours, 8:00 a.m. — 5:00 p.m., Monday through Thursday. 29A -3 29A -4 REQUEST FOR COUNCIL ACTION "M 11114 MAY 6, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014 -04 TO ALLOW TYPES 4,6 AND 23 ALCOHOLIC BEVERAGE CONTROL LICENSES FOR CISMONTANE BREWING AT 1409 EAST WARNER AVENUE, SUITES C AND D — EVAN WEINBERG, APPLICANT CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -04 as conditioned. PLANNING COMMISSION ACTION On April 14, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -04 as conditioned by a vote of 6:0 (Nalle absent) which approved Types 4, 6 and 23 Alcoholic Beverage Control licenses to allow a small beer manufacturer and distillery at Cismontane Brewing located at 1409 East Warner Avenue, Suites C and D 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). DISCUSSION Cismontane Brewing proposes a small -scale beer brewery and distillery within an existing 8,342 square foot tenant space that is located towards the back half of the building, furthest from Warner Avenue. Physical improvements include the installation of brewery equipment, office space, a warehouse area and tasting area. Cismontane Brewery will operate as a micro - brewery and distillery as well as allow the tasting of specialty craft and experimental alcohol produced on the premises. The manufacturing operation is anticipated to operate weekdays from 6:00 a.m. to 10:00 p.m. but could extend during peak production times. The production operation will require up to 15 employees. The tasting area will be open from 12:00 p.m. to 9:00 p.m. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No. 2014 -04 May 6, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. V�,X t � 11j, A__ Karen Haluza Interim Executive Director Planning & Building Agency SK:rb sk1CUP14.04 Clsmontane Brewery.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR PLANNING COMMISSION MEETING DATE: APRIL 14, 2014 TITLE: PUBLIC HEARING - FILED BY EVAN WEINBERG FOR CONDITIONAL USE PERMIT NO. 2014.04 TO ALLOW TYPES 4,6 AND 23 ALCOHOLIC BEVERAGE CONTROL LICENSES FOR CISMONTANE BREWING AT 1409 EAST WARNER AVENUE, SUITES B AND C Prepared by Klotz Interim Executive rector PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager Adopt a resolution approving Conditional Use Permit No. 2014 -04 as conditioned. Request of Applicant Evan Weinberg, representing Cismontane Brewing, is requesting approval of a conditional use permit for Types 4, 6 and 23 Alcoholic Beverage Control (ABC) licenses for a small beer manufacturer and distillery at 1409 East Warner Avenue, Suites B and C. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), Project Location and Site Description The applicant proposes to operate Cismontane Brewing, a small -scale beer brewery and distillery on a one acre parcel land. The proposed use will be within an existing 16,442 square foot building, of which 8,342- square feet will be occupied by the proposed use. The site is located on the north side of Warner Avenue between Grand Avenue and Hathaway Street. The business will occupy approximately one -half of the existing industrial building, with the remainder of the building currently occupied by Pep Boys Auto. A total of 37 parking spaces have been provided. The site is surrounded by industrial uses to the west, north and south and a commercial center to the east (Exhibits 1, 2 and 3). Project Description The Cismontane Brewery is requesting approval of a Type 4, 6 and 23 Alcoholic Beverage Control (ABC) licenses to allow a small beer manufacturer and distillery. EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -04 April 14, 2014 Page 2 Cismontane Brewery will occupy an existing 8,342 square foot tenant space that is located towards the back half of the building, furthest from Warner Avenue. Physical improvements include the installation of brewery equipment, office space, a warehouse area, and 407 square foot tasting area. Cismontane Brewery will operate as a micro - brewery and distillery as well as allow the tasting of specialty craft and experimental alcohol produced on the premises. This establishment will have a small retail component consisting of t- shirts, mugs and small sundry items that include the logo and /or name of the micro - brewery. The manufacturing operation is anticipated to operate weekdays from 6:00 a.m. to 10:00 p.m. but could extend during peak production times. The production operation will require up to 15 employees. The tasting area will be open from 12:00 p.m. to 9 :00 p.m. (Exhibits 4, 5 and 6). The conditions of approval allow the hours of the tasting area to be consistent with The Good Beer Brewery (CUP 2013 -01). Project Background The applicant, Evan Weinberg, representing Cismontane Brewing, is a co -owner of the company. A Cismontane Brewing facility is currently located in Rancho Santa Margarita where both a production and retail components are in operation. The location proposed in Santa Ana is a duplication of their existing facility other than the distillery function. The proposed location would add additional features such as office space and distilling equipment. The tasting area allows the customer and the staff to interact. A tasting counter will create an environment for customers to enjoy the various beers that are made on the premises, have growlers filled and purchase other merchandise. The tasting room staff will be on one side of the counter for access to the taps, bottles, merchandise, sinks and equipment and the customers on the other, The tasting /retail area will be used for staging equipment as needed and general tastings. The square footage for the tasting /retail area is 407 square feet which is less than five percent of the total square footage. General Plan and Zoning Consistency The General Plan land use designation for the site is Industrial (IND), The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include light and heavy product manufacturing and assembly. The proposed project, a micro - brewery and distillery, is consistent with this General Plan land use designation. 31A-4 Conditional Use Permit No. 2014 -04 April 14, 2014 Page 3 The zoning designation for the site is Light Industrial (M1). The proposed use of the land is a brewery and distillery, both considered manufacturing. Along with the primary manufacturing operation, administrative office, retail and tastings will occur. The M1 zone allows limited office and retail that is ancillary to the primary use. The proposed use is consistent with the M1 zone. Project Analysis There are currently two businesses with a Type 23 ABC license in the city: The Good Beer Brewery located at 207 West Fourth Street and Dean Brothers Brewing Company located at 1006 East Hathaway Street. The Good Beer Brewery was issued CUP 2013 -01 but is not open for business. The Dean Brothers Brewing Company was established in 2007 and is in operation in an industrial section of the city. A Type 23 ABC license allows a small beer manufacturer or micro - brewery with both on and off- premise consumption of alcohol. A micro - brewery is a small -scale brewery operation that typically is dedicated solely to the production of specialty or experimental beers. Although some do operate a restaurant or pub in conjunction with their manufacturing plant, no restaurant is proposed or intended at this location as food sales are not required with a Type 23 ABC license. The Type 4 and 6 licenses will allow a distillery function, which includes the manufacturing and packaging of distilled spirits such as whiskey and rum. There is currently one other Type 6 license in the City: Bear and Eagle Products located at 1425 East Borchard Avenue, which manufactures vodka, The license types requested allow tasting of alcohol produced or bottled by the licensee for on- premise consumption, The applicant has indicated that tasting, where alcoholic samples are offered for a charge, will be eight ounces per customer. The proposed use may also sell beer to consumers for consumption off the manufacturer's licensed premises; however, selling individual bottles is not the primary business plan as the tasting room is small, and their target market is bulk sales to the local and regional consumers and restaurants. The proposed project is a manufacturing use with a small retail component consistent with the M1 zone allowance for an industrial use providing ancillary product sales and service. The tasting area, while allowing consumption of alcohol, will be limited to products made by the applicant. In that respect, it differs from bars that may sell a variety of alcoholic products that are not manufactured on -site. Additionally, bars can encompass a majority of their floor area to the sales and consumption of alcohol, while the proposed project will be limited to no more than 5% of the floor area for product sales and consumption. Lastly, the hours of operation for the tasting area are limited and do not extend into the late night hours as bars typically operate. The license types are further described below per the State Alcohol Beverage Control Department: Type 4, Distilled Spirits Manufacturer - "Any person who produces distilled spirits from naturally fermented materials or in any other manner" (Section 23015). The functions of this type of license, in addition to that of production, include packaging, bottling, rectifying, flavoring and others as found within Section 23356. The functions apply only to distilled spirits; they do not include wine or beer, 31A-5 Conditional Use Permit No. 2014 -04 April 14, 2014 Page 4 Type 6, Still - This license is used for the making of alcoholic beverages or facilities capable of such use. A still is "...any apparatus capable of being used for separating alcohol, or alcoholic vapors or solutions from alcohol or alcoholic solutions or mixtures ..." Type 23, Small Beer Manufacturer (Less than 60,000 barrels per year) - The privileges and limitations for this type of license are the same as for other beer manufacturers. The most common users of this license are operators of micro - breweries and brewpubs. "Micro- brewery" - A small -scale brewery operation that generally produces approximately 15,000 barrels a year. Its beer products are primarily Intended for local and /or regional consumption. Typically, these operations are solely dedicated to the production of specialty beers. Several items in past applications for similar uses have needed to be addressed, including trash, odor and noise. Two trash containers are located on -site and are designed to handle the trash generated from the manufacturing operation. Odors associated with the waste from the brewing process will be contained within the building. Smells associated with a micro - brewery are not offensive or strong, but rather smell like bread baking. Brewing equipment is vented to the roof. The brewing equipment does not generate noise above that allowed by the City's noise ordinance. There are no sensitive receptors within 500 feet of the microbrewery. Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility that will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. 31A-6 Conditional Use Permit No. 2014 -04 April 14, 2014 Page 5 In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed alcoholic beverage licenses will provide a service to both individuals and other businesses that wish to purchase unique craft beer and distilled spirits for personal use or resale. This will thereby benefit the community by providing an opportunity for unique and locally made products. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community, The proposed ABC licenses for the small beer brewery and distillery at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control licenses that will mitigate any potential negative or adverse Impacts created by the use. In addition, the use is located within the Light Industrial (M -1) Zone, consistent with other manufacturing uses. The proposed use will not adversely affect the economic stability of the area, but will instead allow businesses and individuals to purchase a unique and locally brewed craft beer and distilled spirits such as whiskey, mainly for local and regional consumption. Moreover, the manufacturing of specialty products allows the industrial base to remain economically viable and contributes to the overall success of Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. As conditioned, the proposed use will be in compliance with regulations and conditions that are imposed on a manufacturing use that produces, allows tastings and sells beer and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A small beer and distilled spirits manufacturer provides a specialty use for the Santa Ana community and its location within the region and contributes to the economic success of the city as a manufacturing destination. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The re- tenanting of the currently vacant one -half of the industrial building and tenant improvements further supports this policy. The project is also consistent with Policy 5.4 of the Land Use Element, supporting land uses which are consistent with the Land Use Plan of the Land Use Element. As proposed, the project is consistent with the Industrial (IND) land use designation. Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic 31A-7 Conditional Use Permit No. 2014 -04 April 14, 2014 Page 6 collisions, homicide, assaults, rape, domestic violence, drunk in public, and other nuisance -type offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over - concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on -sale establishments, the Police Department considers two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 1409 East Warner, Units B and C are located in Reporting District No. 208. This reporting district is 13% above the average reporting for all districts, which is less than the 20% threshold established by the State for high crime. Conditions of approval are included as required by the SAMC that are adequate to address any concerns for the Types 4, 6 and 23 ABC Licenses. The applicant has also indicated that although the Type 23 license grants the same privileges as a Type 1 license (Large Beer Manufacturer), such as including food sales, they are not pursuing an eating establishment on- site. Staff is recommending conditions of approval that require an amendment to the CUP in the event food sales is proposed in the future. As a result, the Police Department recommends approval of Conditional Use Permit No. 2014 -04 subject to conditions of approval. Public Notification The project site is not located within the boundaries of a neighborhood association, with the closest neighborhood approximately 1,500 feet to the west; the Delhi Neighborhood Association, As a courtesy, staff contacted the neighborhood representative by telephone. The representative expressed general concern with ABC licensed establishments such as markets but understood the nature of this particular business. The project site was posted with a notice advertising this public hearing, and a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project will have no significant effect on traffic, noise, air quality or water quality. Re- tenanting an existing industrial space with no building expansion would not result in any effect on the environment. All public services and facilities are available at this location to allow the re -use of the industrial space and the project area is not environmentally sensitive, therefore this exemption is warranted for this project. Categorical Exemption Environmental Review No, 2014 -24 will be filed for this project. 31A-8 Conditional Use Permit No. 2014 -04 April 14, 2014 Page 7 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit. No. 2014 -04 as conditioned. Ser otz, AICP Principal Planner SK:jm skACUP14 -04 Cismontane Draw ry.032414.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Photograph Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Elevation Plan 31A-9 R7 1 a Nn so-es M7 Rt • � �Ri .F M7 _ M1 nLL a a M7 SD.Gfl 777 S M1 R7 R1 5 R1 k1 SD.697171 M7 \�� M'I 1., p pe Rl f M7 M1 M1 'RI R'f M1 Mj- A ROJECf �SIm M1 NMRI82 AV R2 �* R2 I�:... Mt M7 li ° ,\ T R2 r. it SD-8 M1 �. ._I R2 II�7 riy R2 iau� iu SD,l2 r� y x` M1 z - ml SD G3 r M7 M M1 M7 M7 � SD-12 C5 mi ii C.5 / y I mi M2 M7 p ml p ml 90 -G� Al MMALAGRCUMMLT CR CCMMTIOM¢9DBJ71AL RI -40M MI. LOrSNOLEPAMMY SMUENCE .5 MMNOM0019WDN GC C{lMgdJmEMCHJ m MOE9MTY�OENCE GSA ODMMEROAM)THMAIN M1 UGTINDUSRZAL RS MULTME0ENSWMUMPLE D7 OM9MUN17YCOMMMAL M2 NPAVYINOUSTRAL FAMY RE OWCE CI-MD WMIM.OMMMEMAUMUMMOISIRU MO MIUTAWOP0lAMONS m SIMRMNAM M9M C2 MER4LOOMMMAL O O Si10E R=. RUlDMAL6ATE m MTRALDJUNn P R'AR MONAL W mPCDEL uww CSA C TRAL RJSNEv^ARIISRAAGE POD RAWWWYIMUNO DEVHOFMENE 9 SIOMPAN N P.ANNMaIOMNGC8Y fM RANNM RMDWALMELOFMENT G ARNRALCOMMERML m 91xK'# MMILYfMOWAL. CUP 2014 -04 EVAN WEINBERG - CISMONTANE BREWING 1409 EASTWARNER AVENUE - - =500 FAT 71=1000 FS-7 P L A N _N _ I N G A N D U I L D I N G A G E N C Y EXHIBIT 1 31A -10 CUP 2014 -04 t?R� :) .,, EVAN WEINBERG - CISMONTANE BREWING 1409 EAST WARNER AVENUE P A N N I N G A N D B U I L D I N G A G E N E Y 31A-1 1 I N D U S T R I L J J Q Q W H S T R I A L D z F LA w } � Q J < O z v z = w F PROJECT Q SITE O z u WARNER -- AVENUE �. 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ROH — 04/14/14 I: »Y.]1111lr Eel u►[W- 011511 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -04 FOR TYPES 4, 6, AND 23 ALCOHOLIC BEVERAGE CONTROL LICENSES FOR THE PROPERTY LOCATED AT 1409 EAST WARNER AVENUE, SUITES C AND D BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2014 -04 for Types 4, 6, and 23 Alcoholic Beverage Control (ABC) licenses, which allows the sale of beer, wine, and distilled spirits for off - premise consumption, for the property located at 1409 East Warner Avenue, Suites C and D. B. A Type 4 license is for a distilled spirits manufacturer. A Type 6 license is for a still. Pursuant to California Business and Professions Code section 23363, any licensed manufacturer of distilled spirits may sell the distilled spirits to any person holding a license authorizing the sale of distilled spirits. Additionally, pursuant to California Business and Professions Code section 23363.1, a distilled spirits manufacturer's license authorizes the licensee to conduct tastings of distilled spirits produced or bottled by or for the licensee on or off the licensee's premises. C. A Type 23 license is for a small beer manufacturer. Pursuant to California Business and Professions Code section 23357, this license allows patrons to purchase beer produced or bottled by the licensee for consumption on or off site. Additionally, pursuant to California Business and Professions Code section 23357.3, this license allows tasting of beer produced or bottled by the licensee without charge either on or off the premises. D. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages. E. On April 14, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -04. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Resolution No. 2014 -11 31A -17 Page 1 of 6 Conditional Use Permit No. 2014 -04 to allow for Types 4, 6, and 23 ABC licenses: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcoholic beverage licenses will provide a service to both individuals and other businesses that wish to purchase unique craft beer and distilled spirits for personal use or resale. This will thereby benefit the community by providing an opportunity for unique and locally made products. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed licenses for the small beer brewery and distillery at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control licenses that will mitigate any potential negative or adverse impacts created by the use. In addition, the use is located within the Light Industrial (M -1) Zone, consistent with other manufacturing uses. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow businesses and individuals to purchase a unique and locally brewed craft beer and distilled spirits such as whiskey, mainly for local and regional consumption. Moreover, the manufacturing of specialty products allows the industrial base to remain economically viable and contributes to the overall success of Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a manufacturing use that produces, allows tastings and sells Resolution No. 2014 -11 Page 2 of 6 31A -18 beer and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A small beer and distilled spirits manufacturer provides a specialty use for the Santa Ana community and its location within the region and contributes to the economic success of the city as a manufacturing destination. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The re- tenanting of the currently vacant one -half of the industrial building and tenant improvements further supports this policy. The project is also consistent with Policy 5.4 of the Land Use Element, supporting land uses which are consistent with the Land Use Plan of the Land Use Element. As proposed, the project is consistent with the Industrial (IND) land use designation. G. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project will have no significant effect on traffic, noise, air quality or water quality. Re- tenanting an existing industrial space with no building expansion would not result in any effect on the environment. All public services and facilities are available at this location to allow the re -use of the industrial space and the project area is not environmentally sensitive, therefore this exemption is warranted for this project. Categorical Exemption Environmental Review No. 2014 -24 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -04 as conditioned in Exhibit "A" attached hereto and incorporated 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 April 14, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -11 31A -19 Page 3 of 6 ADOPTED this 14th day of April 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Nalle(1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 14, 2014 Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2014 -11 Page 4 of 6 31A-20 Conditions for Conditional Use Permit No. 2014 -04 Conditional Use Permit No. 2014 -04 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 for to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The approval of this Conditional Use Permit must not be construed as the approval of a bar or cocktail lounge, nor as a nightclub or cabaret with entertainment and /or dancing and this establishment must not operate as such. 2. The sales, service or consumption of alcoholic beverages directly to patrons can only be permitted in the approved tasting areas. 3. There will be no gatherings or parties at this location other than guided tours of the facility and /or special events permitted by SAMC Chapter 41- 195.5, Temporary Outdoor Activities. 4. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 12:00 p.m. and 9:00 p.m. 5. Anyone under the age of twenty -one (21) entering the tasting area must be accompanied by a parent or guardian. 6. No other brand of beer may be sold at this location other than products manufactured by the company. 7. There shall be no promotions encouraging on -site consumption of alcohol. 8. No amusement machines or video games shall be maintained on the premises at any time. 9. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant. Exhibit A Resolution No. 2014 -11 Page 5 of 6 31A-21 APRIL 14, 2014 PAGE 2OF2 10. Conditional Use Permit No. 2014 -04 allows a manufacturing use, along with ancillary office, tasting and retail components. The restaurant privilege allowed through Alcohol Beverage Control licenses cannot be utilized without modification of this Conditional Use Permit. 11. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 12. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 13. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 14. Existing property and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 15. Install a silent armed robbery alarm. 16. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single containers for off -site consumption, but must be sold in pre - packaged multi -unit quantities. 17. This land use authorization is only applicable to a Type 4, 6 and 23 licenses. Any other type of license use at this location will require a new land use clearance. 18. Prior to issuance of the certificate of occupancy, construct a trash enclosure to city requirements as approved by the Planning and Building Agency. 19. Prior to issuance of a certificate of occupancy, install a total of eight 24 -inch box trees within the front yard setback area, as approved by the Planning and Building Agency. Resolution No. 2014 -11 Page 6 of 6 31A-22 Item 31A A blueprint is on file in the Office of the Clerk of the Council and is available for public inspection during regular business hours, 8:00 a.m. — 5:00 p.m., Monday through Thursday. 31A-23 31A-24 REQUEST FOR COUNCIL ACTION MAY 6, 2014 TITLE: PROPOSED AMENDMENT TO MANAGEMENT CLASSIFICATION AND COMPENSATION PLAN CITY j a ?I.'. Y T CLERK OF COUNCIL USE ONLY- -- n ■ As Recommended 171 As Amended ■ Ordinance on 0 Ordinance an 0' Reading Implementing Resolution Public 0 Set • A Adopt a resolution that amends the City's Basic Management Classification and Compensation Plan (No. 91 -066) to improve the Executive Management benefit package. In an effort to provide Executive Managers with employee benefits equivalent to those received by lower -level management groups, the City Manager is proposing that all Executive Management (EM) employees be provided with the following benefit and compensation privileges: • Dental Insurance: Increase City contribution from $90 to $110 per month • Health Insurance: Maintain current City contribution for Employee + 1 (or more) coverage at $1,567.25 per month • Cafeteria Plan for Dental and Health; cash -back if cost of plans selected is less than maximum City contribution stated above. Cash -back is deposited into employee's deferred compensation account until maximum is reached. • Cash -Back Dental: $110 per month if dental insurance is waived due to coverage elsewhere Currently, some represented management bargaining units receive these benefits, which are instrumental in attracting and retaining employees in key leadership positions. The extension of this benefit package to Executive Managers will improve the City's ability to attract and retain employees who provide overall management of City departments and agencies, as well as incentivize lower -level managers to promote to executive management positions. 55A -1 Proposed Amendment to Management Classification and Compensation Plan Page 2 of 2 FISCAL IMPACT For fiscal year 2014 -15, the additional total cost of the provisions described above for Executive Management is $1,920. UXUa Francisco t Gutierrez Executive Director 55A -2 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91 -066 TO AMEND THE BASIC COMPENSATION PLAN FOR CERTAIN CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT. 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. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On July 1, 1991, the City Council passed and adopted Resolution No.91- 066, re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM). C. The City Council has amended Resolution No. 91 -066 on numerous occasions since its adoption. D. Based on a review of health and dental Insurance contributions, and participation in the City - established Cafeteria Benefit Plan, the City Manager proposes the City contribute toward the health and dental insurance coverage for unrepresented Executive Management officers and employees in the same manner and amount as provided for represented members of the Santa Ana Police Management Association (PMA). In addition, it is recommended that affected employees shall have the option of redesignating coverage under any City- sponsored group medical, dental, long -term disability, or life insurance plan, and such referenced amounts may be applied to the options within the City - established Cafeteria Benefit Plan. E. It is now desired to amend Council Resolution No. 91 -066 to effect these changes for unrepresented Executive Management officers and employees. 55A -3 Section 2: That Resolution No. 91 -066, as amended, is hereby further amended as follows: A. That Section 6.3 Health Insurance, as amended, is hereby further amended to read as follows: "6.3 Health Insurance for Unrepresented Executive Management Officers and Employees. A. The City shall contribute toward the health insurance coverage of all unrepresented Executive Management officers and employees in the same manner and amount as provided for represented members of the Santa Ana Police Management Association (PMA). B. Any contribution necessary to maintain benefits under any health insurance program provided by the City for its employees and their eligible dependents in excess of the amounts of the City contribution shall be entirely borne by the employee. C. For each such employee who is covered under a spouse's non - City- sponsored health plan, the City will pay the employee a cash payment each month in the same manner and amount as provided for represented members of PMA, if said employee waives, in writing, City -paid coverage. If an employee waives City - provided coverage, said employee shall provide proof of medical insurance coverage in a non - City- sponsored health plan. Said waiver shall include a provision warning such employee that reentry into any City- sponsored plan is allowed only at open enrollment, unless there is a qualifying event, and may require proof of insurability for such employee and /or family. D. Affected employees shall have the option of redesignating medical insurance coverage under any City- sponsored medical insurance plan in the same manner and amount as provided for represented members of PMA. The amount equal to the medical premiums may be applied to the options within the City - established Cafeteria Benefit Plan." B. That Section 6.4 Dental Insurance, as amended, is hereby further amended to read as follows: "6.4 Dental Insurance for Unrepresented Executive Management Officers and Employees. A. The City shall contribute toward the dental insurance coverage of all unrepresented Executive Management officers and employees in the same manner and amount as provided for represented members of the Santa Ana Police Management Association (PMA). 55A -4 B. Any contribution necessary to maintain benefits under any dental insurance program provided by the City for its employees and their eligible dependents in excess of the amounts of the City contribution shall be entirely borne by the employee. C. For each such employee who is covered under a spouse's non - City- sponsored dental plan, the City will pay the employee a cash payment each month in the same manner and amount as provided for represented members of PMA, if said employee waives, in writing, City -paid coverage. If an employee waives City - provided coverage, said employee shall provide proof of dental insurance coverage in a non -City- sponsored dental plan. Said waiver shall include a provision warning such employee that reentry into any City- sponsored plan is allowed only at open enrollment, unless there is a qualifying event, and may require proof of insurability for such employee and /or family. D. Affected employees shall have the option of redesignating dental insurance coverage under any City- sponsored dental insurance plan in the same manner and amount as provided for represented members of PMA. The amount equal to the dental premiums may be applied to the options within the City - established Cafeteria Benefit Plan." C. That Section 6.5 Disability Insurance, as amended, is hereby further amended to read as follows: "6.5 Disability Insurance for Unrepresented Executive Management Officers and Employees. A. The City shall continue to pay one hundred percent (100 %) of the premium cost for a long -term disability insurance plan for affected employees as said plan was amended effective November 1, 1985, to provide unrepresented Executive Management officers and employees with a monthly benefit of sixty -six and two - thirds percent (66 2/3) of base monthly salary (insured payroll), less offsets contained in the existing plan, to a maximum of $5,000. B. Affected employees shall have the option of redesignating coverage of the City- sponsored long -term disability insurance plan in the same manner and amount as provided for represented members of PMA. This amount may be applied to the options within the City - established Cafeteria Benefit Plan." D. That Section 6.6 Life Insurance, as amended, is hereby further amended to read as follows: "6.6 Life Insurance for Unrepresented Executive Management Officers and Employees. 55A -5 A. The City shall continue to pay one hundred percent (100 %) of the premium cost for term life insurance coverage under the policy it maintains on behalf of its officers and employees in order to provide each person designated as unrepresented Executive Management (EM) with life insurance coverage in an amount equal to three times such employee's annual rate of salary to a maximum of $300,000, provided said affected employees can provide evidence of insurability for coverage above $150,000 if so required by the terms and conditions of said term life insurance policy. B. In the event any such affected employee is determined to be ineligible for said insurance coverage, the City will attempt to provide as much coverage as may be obtained at a reasonable cost without having to provide evidence of insurability. C. Affected employees shall have the option of redesignating coverage of the City- sponsored term life insurance plan in the same manner as provided for represented members of PMA. This amount may be applied to the options within the City - established Cafeteria Benefit Plan." Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 91 -066, as amended, shall remain in full force and effect. Section 4: This Resolution shall be operative from and after May 1, 2014. ADOPTED this 6t" day of May, 2014. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Joseph Straka Senior Assistant City Attorney Miguel A. Pulido Mayor 'P�PM 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. 2014 -_ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55A -7 Clerk of the Council City of Santa Ana y • REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: RESOLUTION FOR TITLE VI PLAN APPROVAL AND SUBMITAL AS REQUIRED TO SECURE THE AWARD TO PURCHASE TWO NEW CNG SENIOR MOBILITY PROGRAM VEHICLES CITY MANA,6JR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F1 141TAA�; ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the Title VI plan and authorizing its submittal as required by Caltrans for the $200,000 awarded to the City to purchase two compressed natural gas (CNG) energy efficient vehicles. DISCUSSION The City applied for a Caltrans grant and was awarded $200,000 to replace the existing gasoline powered vans used for the Seniors On- The -Go program. These services provide senior citizens with transportation services to and from both City Senior Centers, transportation to a variety of social activities and educational classes and seminars. The vans also are used to help seniors with their weekly shopping trips to local markets and to have mini excursions and walking club trips to various locations. To secure the Caltrans award, the City is required to approve and submit a Title VI Plan in order to show that the City assures that no person on the grounds of race, color, sex, age, disability or national origin, as provided by Title VI of the civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 will be excluded from participation in, be denied the benefits, or be otherwise subjected to discrimination under any program or activity. The grant has a match requirement of 11.47 %; funds from the Mobile Source Reduction Review Committee have been allocated and are available in the Air Quality Improvement Fund. 5513-1 Resolution for the Approval and Submittal of the Title VI Plan May 6, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency 55B -2 CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY March 2014 �F CITY OF SANTA ANA- PARKS, RECREATION AND COMMUNITY SERVICES AGENCY TITLE VI PLAN Index., ITEM........................................................................................................................ ............................... PAGE Noticeto the Public ...................................................................................................... ............................... 2 ComplaintProcedures .................................................................................................... ..............................4 ComplaintForm ............................................................................................................. ..............................6 List of Transit - Related Title VI investigations, complaints and lawsuits ......................... ..............................9 PublicParticipation Plan ............................................................................................... .............................10 Limited English Proficiency Plan ................................................................................... .............................14 SafeHarbor Provision .................................................................................................. .............................17 Boardsand Commissions ............................................................................................. .............................21 Environmental and Transportation Advisory Committee ............................................ .............................22 DraftResolution ........................................................................................................... .............................23 55B -4 F F, NOTICE TO PUBLIC CITY OF SANTA ANA RIGHTS UNDER TITLE VI The City of Santa Ana gives public notice of its policy to assure full compliance with Title VI of the Civil Rights Acts of 1964 and related regulations. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." For additional information on the City of Santa Ana's nondiscrimination obligations, please contact the City's Equal Opportunity Officer by mail, telephone or email using the information below: Equal Opportunity Officer Ms. Anita Queen City of Santa Ana 20 Civic Center Plaza, M -24 Santa Ana, CA 92701 (714) 647 -5157 agueen @santa- ana.ore If you believe you have been excluded from participation in, been denied the benefits of, or been subjected to discrimination under this City of Santa Ana program, you may file an official Title VI complaint with the Equal Opportunity Officer. We encourage you to make your complaint in writing. A complaint must be filed within 180 days after the date of the alleged discrimination. The Title VI Complaint Procedures and Complaint Form can be obtained by calling the number above: • Title VI Complaint Procedures • Title VI Complaint Form Si se necesita la informacion en espanol, favor de Ilamar a Mary Kelley, telefono (714) 647 -5347. Neu qui vi can thong tin tie "ng Viet, xin lien Iac Tiffany Nguyen tai so" (714) 647 -5368. If information is needed in another language, please contact Ms. Queen at (714) 647 -5157 *(This Notice is posted on the City's Website, on all City break room bulletin boards, and at the City of Santa Ana W 10 1R /K Center) 5513-5 CIUDAD DE SANTA ANA DERECHOS BAJO TITULO VI La Ciudad de Santa Ana da aviso al publico de su politica para asegurar el pleno cumplimiento con el Titulo VI de la Ley de Derechos Civiles de 1964 y los reglamentos conexos. Especificamente, el Titulo VI establece que " ninguna persona en los Estados Unidos, por motivos de raza, color, u origen nacional, sera excluida de participar en, ser negado los beneficios de, o ser sujeto a discriminaci6n bajo cualquier programa o actividad que reciba asistencia federal financiera." Para obtener informacion adicional acerca de las obligaciones de la Ciudad de Santa Ana de no discriminar, por favor comuniquese con la Oficial de Igualdad de Oportunidades de la Ciudad por correo, tel6fono o correo electronico utilizando la siguiente informacion: Oficial de Igualdad de Oportunidades Sra. Anita Queen Ciudad de Santa Ana 20 Civic Center Plaza, M- 24 Santa Ana, CA 92701 (714) 245 -8670 agueen@santa-ana.org Si usted cree que ha sido excluido de participar, se le ha negado los beneficios de, o ha sido sujeto a discriminaci6n en un programa de la Ciudad de Santa Ana, usted puede presentar una queja oficial bajo el Titulo VI con la Oficial de Igualdad de Oportunidades. Le sugerimos a presentar su queja por escrito. Su queja se debe presentar dentro de los 180 dias despues de la fecha de la supuesta discriminaci6n. Los Procedimientos de Quejas del Titulo VI y el Formulario de Quejas se pueden obtener Ilamando al numero de arriba: • Procedimientos de Quejas del Titulo VI • Formulario de Quejas del Titulo VI Si se necesita mas Informacion en espanol, favor de Ilamar a Mary Kelley, tel6fono (714) 647 -5347. Si se necesita informacion en otro idioma, por favor comunicarse con la Sra. Queen al (714) 245- 8670 o (714) 647 -5157 * (Este aviso sera publicada en la pagina de internet de la Ciudad, en todas las salas de descanso, sobre los tableros de boletines de la ciudad, y en el W /O /R /K Center de la Ciudad de Santa Ana). 55B -6 CITY OF SANTA ANA — PARKS. RECREATION AND COMMUNITY SERVICES AGENCY TITLE VI COMPLAINT PROCEDURES Any person who believes that she or he has been discriminated against on the basis of race, color, or national origin by the City of Santa Ana, Parks Recreation and Community Services Agency, may file a Title VI complaint with the Equal Opportunity Officer. The following steps describe the procedures to file a complaint and how the City of Santa Ana will respond. 1. The complaint must be submitted to the Equal Opportunity Officer no later than 180 days after the date of the alleged discrimination. 2. A Title VI Complaint Form can be obtained by calling (714) 647 -5157 or by downloading the form from our website at www.santa- ana.org. Please provide the following information on the complaint form or you may submit a signed written statement that contains all of the following written information. • Your name, address and how to contact you (phone number, email address, etc.). • The basis of the alleged discrimination complaint (race, color, or national origin). • How, why, when and where you believe you were excluded from participation in, were denied the benefits of, or were subjected to discrimination. • Include the location, names and contact information of any witnesses. • Indicate whether you have filed the complaint with the Federal Transit Administration. • You must sign your letter of complaint. If you as the Complainant are unable to write a complaint, the Equal Opportunity Officer will assist you with the complaint. The City of Santa Ana is committed to providing open access to its services to persons with limited ability to speak or understand English; if requested by the complainant, the Equal Opportunity Officer will provide language translation services. 3. The complaint shall be sent to the following address: Equal 55B -7 Opportunity Officer Ms. Anita Queen City of Santa Ana 20 Civic Center Plaza, M -24 Santa Ana, CA 92701 (714) 647 -5157 aqueen @sa nta- ana.or� 4. Once the complaint is received, the Equal Opportunity Officer will review it to determine if our office has jurisdiction. The Complainant will receive an acknowledgement letter informing her /him whether the complaint will be investigated by our office. 5. All complaints will be investigated promptly. Reasonable measures will be undertaken to preserve any information that is confidential. The Equal Opportunity Officer will review every complaint, and when necessary, begin the investigation process. 6. Upon completion of the investigation, the Equal Opportunity Officer will complete a final report. The investigation process and final report should take no longer than ninety (90) days after receipt of the complaint. If a Title VI violation is found to exist, a Determination letter will be issued which summarizes the allegations and the interviews regarding the alleged incident, and explains the remedial steps as appropriate and necessary to be taken immediately. If no Title VI violation was found, Complainant will receive a closure letter which summarizes the allegations and states that there was not a Title VI violation and that the case will be closed. 7. If the Complainant wishes to appeal the decision, she or he has 30 days after the date of the letter to do so. Complainant may contact the Federal Transit Administration, Regional Civil Rights Officer, 201 Mission Street, Suite 650, San Francisco, CA 94105- 1839, (415) 744 -2729, Fax - (415) 744- 2726. 8. A person may also file a Title IV complaint, no later than 180 days after the date of the alleged discrimination, directly to the Federal Transit Administration, Office of Civil Rights, 1200 New Jersey Avenue., SE, Washington, DC 20590. 55B -8 CITY OF SANTA ANA TITLE VI COMPLAINT FORM Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Title VI guarantees fair treatment for all people and provides for the City of Santa Ana, to identify and address, as appropriate, disproportionately high and adverse effects of its programs, policies, and activities on minority and low- income populations, such as undertaking reasonable steps to ensure that Limited English Proficient (LEP) persons have meaningful access to the programs, services, and information the City of Santa Ana provides. SECTION I Name Mailing Address Telephone Numbers (Home) (Mobile) Electronic Mail (Email) Address Are there any accessible format needs? Large Print ( ) CD /Audio Tape ( ) TDD ( ) Other SECTION II Are you filing this complaint on your own behalf ?Yes* No *If you answered "yes' to this question, go to Section lll. If not, please supply the name and relationship of the person for who you are complaining: Please explain why you have filed for a third party: 55B -9 CITY OF SANTA ANA TITLE VI COMPLAINT FORM Please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party _Yes No SECTION III List type of discrimination you experienced: (please check all that apply): Race ( ) Color ( ) National Origin ( ) Other Please indicate your race /color, if it is a basis of your complaint Please describe your national origin, if it is a basis of your complaint Location where alleged discrimination occurred Time and date of alleged discrimination Name /Position title of the person who allegedly subjected you to Title VI discrimination: Please explain as clearly as possible what happened, why you believe it happened and how you were discriminated against. You should include specific details and any other information that would assist us in our investigation of your allegations. Please also provide any other documentation that is relevant to this complaint. (Use a separate sheet if necessary) Please list below any persons, witnesses, if known, whom we may contact for additional information to support or clarify your complaint (Name, Address and Telephone Number): Have you previously filed a Title VI complaint with this agency? Yes No Have you filed this complaint with any other Federal, State, or local agency, or with any Federal of State court? Yes No Federal Agency: Date: Federal Court: Date: State Agency: Date: State Court: Date: Local Agency: Date: 55BA 0 SECTION V What remedy are you seeking for the alleged discrimination? How did you learn that you could file this complaint? SECTION VI You may attach any written materials or other information that you think is relevant to your complaint. YOUR SIGNATURE AND TODAY'S DATE ARE REQUIRED BELOW: Signature Date Please submit this completed form in person, or mail the form to: Anita Queen, Title VI - Equal Opportunity Officer, City of Santa Ana, 20 Civic Plaza, M -24, 5thfloor, Santa Ana, CA 92701. Please make a copy for your records. JULY 2012 55B101-11 CITY OF SANTA ANA TITLE VI LIST OF TRANSIT - RELATED INVESTIGATIONS, COMPLAINTS, AND LAWSUITS The City of Santa Ana currently does not have any investigations, complaints or lawsuits with regards to Civil Rights Violations. December2012 55f 12 w � +: CITY OF SANTA ANA TITLE VI - PUBLIC PARTICIPATION PLAN PURPOSE The City of Santa Ana's Public Participation Plan is organized to work in concert with the Title VI Plan and the Limited English Proficiency Plan. The purpose of the Public Participation Plan is to establish procedures that allow for, encourage, and monitor participation of all citizens living and working in the City, and users of public transportation. Special attention will be paid to soliciting input from low- income and minority communities that are traditionally underrepresented. A survey tool will be developed to seek information about personal transportation and the most effective channels of communication for the City to engage the citizenry. The survey tool will be used to solicit input for the Public Participation Plan. The survey will be posted on the City of Santa Ana website, and distributed at neighborhood and community meetings. Cognizant of individuals with limited English Proficiency, the survey will be developed at a fourth grade reading level and translated into both Spanish and Vietnamese. GOAS AND OBJECTIVES The City's public involvement plan has a single comprehensive goal: to allow the public opportunities throughout the planning process to influence decisions. In order to meet this goal, the City has established the following objectives: 1. Identify the most appropriate methods for reaching the public. 2. Determine what non - English languages and other cultural barriers exist to public participation within the Santa Ana area. 3. Hold meetings in locations which are accessible and reasonably welcoming to all area residents, including but not limited to, low- income and minority members of the public. 4. Keep the public informed through effective channels of communication and allow input from those not likely to attend meetings. 5. Work to actively involve the public in programs, policy - making and projects. 6. Ensure that the City's public involvement plan is dynamic and responsive. 7. Use various illustrative visualization techniques to convey the information including but not limited to charts, graphs, photos, maps and the internet. 55BA 3 CITY OF SANTA ANA TITLE VI - PUBLIC PARTICIPATION PLAN IDENTIFICATION OF STAKEHOLDERS Stakeholders are those who are either directly, or indirectly, affected by a plan, or the recommendations of that plan. Those who may be adversely affected, or who may be denied benefit of a plan's recommendation(s), are of particular interest in the identification of specific stakeholders. Stakeholders are broken down into several groups: general citizens, minority and low- income persons, public agencies, and private organization and businesses. General Citizens: There are 324,538 residents in the Santa Ana area (U.S. Census, 2010). Around 78.2 percent are persons of Hispanic or Latino origin. 46 percent of the population consider themselves to be White; 10.5 percent reported as Asian; 1.5 percent is Black persons; and 1 percent is American Indian and Alaska Native persons. 82 percent indicated they spoke a language other than English at home. Low - income: Low - income households (below poverty level) account for 18% of all households in Santa Ana and should be given every reasonable opportunity to provide input on transportation plans and programs. Public Agencies: Public agencies can provide valuable input to the planning process, in addition to assisting in gaining attention from traditionally under - represented populations. Private Organizations and Businesses: Private organizations and businesses offer a number of perspectives that are valuable to the planning process. Often, transportation for employees is of critical concern to private sector employees. For that reason, representation of private business interests will be welcomed in the planning process. OUTREACH TECHNIQUES Engaging minority and Limited English Proficiency populations can be challenging. Below is a list of outreach techniques that the City will use to actively solicit public input in the planning process of a project. Newsletters: Quarterly newsletters will be available in both print and e- formats. Newsletters provide the public and local government partners with progress updates on projects and programs. These newsletters will provide a frequent channel of communication with the public and allow the public to stay informed. Website: A well organized and engaging website is the cornerstone of the City's communication strategy. The website will offer a user - friendly structure and linguistic style understandable to lay people interested in projects and the planning process. In addition, the website will be developed 55B -14 CITY OF SANTA ANA TITLE VI - PUBLIC PARTICIPATION PLAN CITY OF SANTA ANA TITLE VI - PUBLIC PARTICIPATION PLAN following the guidelines of Section 508 of the Rehabilitation Act, so that it is able to accommodate disabled users. Social Media: The City will utilize common social media forums (Facebook, Twitter, Nixle, etc.) to disseminate project information. Public Notices: The City will include notations in public notices in appropriate non - English languages that will provide a contact where the individual can be informed of the process /project, and will have an opportunity to give input. Public Meetings & Focus Groups: The City will host public meetings and focus groups to discuss topics /projects of interest with the public. When hosting public meetings, the City will provide adequate notice to the public and follow all federally prescribed guidelines regarding public comment periods. The City will make a good faith effort to notify the public, such as posting in work places. At meetings, the City will utilize visualization aides, such as power - points and maps to assist the public in understanding the situation. PERFORMANCE METHODS On an annual basis, the City will undertake an internal review of its public participation plan's effectiveness of engaging the public, by examining criteria, such as: • Records public meetings, • Records of responses to citizen email, and • Input from the general public PUBLIC PARTICIPATION PLAN (PPP) Availability of this plan for review will be advertised in a manner reasonably expected to reach the general public, as well as minority populations, low- income persons, and traditionally under - served populations. This could occur through contacts mentioned earlier in this document, notification of contacts are available in English, Spanish and Vietnamese languages. For project information, please contact: Parks, Recreation and Community Services Agency Agency Jeannie Jurado 20 Civic Center Plaza — M23 Santa Ana, CA 92807 (714) 571 -4251 ijurado@santa-ana.org 55B245 CITY OF SANTA ANA TITLE VI - PUBLIC PARTICIPATION PLAN For PPP information, please contact: Personnel Services Department Anita Queen 20 Civic Center Plaza — M24 Santa Ana, CA 92807 (714) 647 -5157 aaueen @santa- ana.org September 2012 55B -16 City of Santa Ana Limited English Proficiency (LEP) Plan March 2014 CITY OF SANTA ANA Limited English Proficiency (LEP) Plan TITLE VI PURPOSE To establish guidance for the City of Santa Ana to provide timely and reasonable language assistance to Limited English Proficiency (LEP) persons who come in contact with the City. This plan is established pursuant to and in accordance with Title IV of the Civil Rights Act of 1964 and its implementing regulations and Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency ". Title VI of the Civil Rights Act of 1964 requires that "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Executive Order 13166 was adopted to ...improve access to federally conducted and federally assisted programs and activities for persons who as a result of national origin, are limited in their English proficiency... This plan reiterates the City of Santa Ana's position that it will provide the language assistance necessary for meaningful participation in its programs and services to persons who, as a result of national origin, are limited in English proficiency. II. REFERENCES • Federal Register, Volume 68, Number 103, Civil Rights Center; Enforcement of Title VI of the Civil Rights Act of 1964; Policy Guidance to Federal Financial Assistance Recipients Regarding the Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons: Notice (May 29, 2003) • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000) • Department of Labor (DOL) Training and Employment Guidance Letter (TEGL) 26 -02, Publication of Revised Guidance Regarding the Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (May 29, 2003) 55B -17 City of Santa Ana Limited English Proficiency (LEP) Plan March 2014 III. BACKGROUND Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and its implementing regulations provide that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program or activity that receives federal financial assistance. In order to avoid discrimination against LEP persons on the grounds of national origin, we must take reasonable steps to ensure that such persons have meaningful access to the programs, services, and information. Language barriers prohibit LEP persons from obtaining services and information relating to a variety of services and programs because they may not be able to read instructions or correspondence written in English and may not understand verbal information. Many times, they are not aware of regulatory requirements and legal implications of the services they seek. When LEP persons receive legal documents, they often do not understand the contents of the correspondence and its implication to their daily lives. LEP persons may not be able to take advantage of services, which could affect their job and social opportunities. When individuals do not understand or read English, they can be hampered in seeking employment opportunities. IV. GOALS It is essential that City staff be informed about their diverse clientele from a linguistic, cultural and social perspective. These individuals will be culturally competent so they can encourage vulnerable LEP minority populations to access and receive appropriate services with more knowledge and confidence. The key to providing meaningful access to LEP persons is to ensure that LEP persons can communicate effectively and act appropriately based on that communication. Minimum reasonable measures would be to ensure that LEP persons are given adequate information, are able to understand that information, and are able to participate effectively in programs or activities. Spanish and Vietnamese are the two most requested languages for interpreters in the City of Santa Ana. City staff will make designated publications available in languages other than English and provide interpretation /translation services to persons who are not proficient in English. The City will take reasonable steps to ensure that LEP persons are given adequate information, are able to understand that information, and are able to participate effectively in recipient programs or activities, where appropriate. V. FOUR FACTOR ANALYSIS The DOT Four Factor Analysis provides guidance to agencies receiving federal financial assistance in taking reasonable steps to ensure meaningful access to all of its services, programs and activities used by LEP persons. The City received a $200,000 grant to purchase two fuel- efficient shuttle buses for the City's Seniors on the Go Transportation Program. This program will offer transportation to and from the seniors' home to both of the City's Senior Recreation Centers. Transportation will not be provided to the general public, therefore, an analysis of public demographic 55B -18 City of Santa Ana Limited English Proficiency (LEP) Plan March 2014 data in the City of Santa Ana does not represent actual populations served by this program, but is offered for comparison purposes only. In order to prepare this plan, the City of Santa Ana undertook an analysis that considers the following factors: 1. The number or proportion of LEP persons in the service area who maybe served by the City. City staff reviewed the 2010 U.S. Census to determine the approximate number of LEP persons age 5 years and older in the City of Santa Ana. RACE White Black Amer Ind /Alaskan Asian Native Haw /Pac Isl Hispanic /Latino (a) (a) Hispanics may be of any race TOTAL POPULATION 148,838 4,856 3,260 34,158 976 253,928 POPULATION PERCENTAGE 45.9 1.5 1.0 10.5 0.3 78.2 City staff also reviewed the 2010 U.S. Census to determine that 82% of the City population (266,121 LEP speakers) spoke a language other than English at home. This meets the Department of Justice (DOJ) Safe Harbor provision of "every 1000 speakers or five % of the population, whichever is less. In the County of Orange, 367,299 Spanish- speaking residents speak English "less than very well" (49 %) and 100,797 Vietnamese- speaking residents speak English "less than very well" (61.8 %). 2. The frequency with which LEP persons come in contact with City programs, activities or services. Contact with LEP individuals has not occurred in this program. However, approximately 90% of the residents that participate in activities at the two Senior Recreation Centers on a monthly basis speak a language other than English. 3. The nature and importance of programs, activities or services provided by the City to the LEP population. The primary purposes of the Seniors on the Go Transportation Program is to provide transportation for residents 60 years of age and older, to and from the City's Senior Centers and provide weekly shopping trips to local stores and mini - excursions to various area attractions. By enabling participants to keep in touch with the community, bond with peers and engage in meaningful activities, the program helps seniors maintain their independence and dignity. This in turn creates opportunities that can enhance the quality of life for senior adults. 4. The resources available to the recipient of federal funds and overall cost to provide LEP assistance. Outreach expenses as they relate to LEP populations are split among several departments (Personnel Services, Parks, Recreation & Community Services Agency, Police, and Community Development Agency). The City updated its website with the capability to translate information 5566-19 City of Santa Ana Limited English Proficiency (LEP) Plan March 2014 into 80 different languages. All of the City's public counters are staffed with bilingual speakers for the two most common languages requested in the City of Santa Ana, Spanish and Vietnamese. Costs for marketing materials and translation of documents for outreach are minimal and have not been quantified. S. Summary Based on the four - factor analysis, the City of Santa Ana has identified the language needs and services required to provide meaningful access to information for the LEP residents of Santa Ana. This LEP Plan will be reviewed on an annual basis and incorporate LEP information that further identify additional language needs for the top languages identified. VI. PLANNING — DEVELOPING A LANGUAGE ASSISTANCE PROGRAM (LAP) A. Identification of LEP Persons City staff will use the following methods to identify LEP persons: • Examine records to see if requests for language assistance have been received in the past, either at meetings or from referrals to determine whether language assistance might be needed for future events or literature. • Provide language identification forms which invite LEP persons to identify their language needs to our staff members. Records will be maintained for a 3 -year period. Safe Harbor Provision. DOT has adopted DOYs Safe Harbor Provision, which outlines circumstances that can provide a "safer harbor" for recipients regarding translation of written materials for LEP populations. The Safe Harbor Provision stipulates that, if a recipient provides written translation of vital documents for each eligible LEP language group that constitutes five percent (5 %) or 1,000 persons, whichever is less, of the total population of persons eligible to be served or likely to be affected or eoncounte4red, then such action will be considered strong evidence of compliance with the recipient's written translation obligations. Translation of non -vital documents, if needed, can be provided orally. If there are fewer than 50 persons in a language group that reaches the five percent (5 %) trigger, the recipient is not required to translate vital written materials but should provide written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost. These safe harbor provisions apply to the translation of written documents only. They do not affect the requirement to provide meaningful access to the LEP individuals though competent oral interpreters where oral language services are needed and are reasonable. A recipient may determine, based on the Four Factor Analysis, that even though a language group meets the threshold specified by the Safe Harbor Provision, written translation may not be an effective means to provide language assistance measures. For example, a recipient may determine that a large number of persons in that language group have low literacy skills in their native language and therefore require oral interpretation. In such cases, a background documentation regarding the determination shall be 55B -20 City of Santa Ana Limited English Proficiency (LEP) Plan March 2014 provided to FTA in the Title VI Program. B. Language Assistance Measures Staff will continue to accomplish several language assistance measures to assist LEP persons, including the following: • Translate an inventory of existing materials in a variety of languages based on demographics, including Spanish and Vietnamese. • Regularly review and update these materials. • Assure LEP persons have access to staff that are trained and competent in the skill of interpreting /translation. • Contract with an outside interpreter service for trained and competent interpreters, as needed. • Arrange for the services of voluntary community interpreters who are trained and competent in the skill of interpreting. • Arrange for the use of a telephone language interpreter service. • Establish a linkage between minority community -based organizations for assistance in cultural understanding and interpretation services. • Post and maintain signs in waiting rooms, reception areas and other initial points of entry in languages other than English. In order to be effective, these signs should inform applicants and beneficiaries of their right to free language assistance services and invite them to identify themselves as persons needing such services. • Translate application forms and instructional, informational, and other written materials into appropriate non - English languages by competent translators. • For LEP persons where written documents do not exist in their language, assistance should be provided from an interpreter /translator to explain the contents of documents. • Efforts for assistance to low- frequency, unusual or unexpected languages may include, but are not limited to, using a telephone language line, and locating and temporarily employing a qualified interpreter who can communicate in the appropriate language. • Notices and information that are generally available to the public will be made available to identified LEP populations. • Establish uniform procedures for timely and effective telephone communication between staff and LEP persons. This will include instructions for English- only - speaking employees to obtain assistance from interpreters or bilingual staff when receiving calls from or initiating calls to LEP persons. • Statements about the services available and the right to free language assistance services, in appropriate non - English languages, will be included in brochures, booklets, outreach and recruitment information and other materials that are routinely disseminated to the public. • Ensure that translated materials provide referrals to telephone numbers or websites that are linguistically accessible (e.g., a flyer in Vietnamese should refer the caller to a hotline with Vietnamese - speaking workers). 55&-21 City of Santa Ana Limited English Proficiency (LEP) Plan March 2014 C. Training Training for front -line staff members, who are often the first points of contact with LEP individuals, is provided by City Personnel. Staff training includes: • Identifying and tracking language preference information of LEP persons; • Delivering services effectively to LEP persons; • Assuring staff sensitivity to the literacy level of LEP persons; • Describing LEP services offered to the public; • Procuring interpreter services; • Identifying and documenting language needs of LEP persons; • Processing a Title VI /LEP complaint; • Familiarity with Disability Awareness, Ethics, Civil Rights and Conflict Management issues. This LEP plan will be distributed to all staff assigned at public counters. D. Providing Notice to LEP Persons Notice of language assistance services will be accomplished as follows: • Signs to be posted in the entry areas regarding the availability of services and that they are free of charge. • Website, documents, and brochures will be offered or printed in alternative languages and will include that, language services are available and are free of charge. • Staff will inform LEP persons that language assistance is available and is free of charge. VII. MONITORING AND UPDATING THE LEP In July of each year, a Personnel Services representative will review the effectiveness of the LEP Plan. The evaluation will include identification of any problem areas and development of required corrective action strategies. Elements of the evaluation may include: • Identification of the number of LEP persons requesting interpreters /translators; • Review of up -to -date community and demographic information; • Determination of whether interpretation /translation services have been effective; • Assessment of current language needs to determine if additional services or translated materials should be provided; • Assessment whether staff members adequately understand LEP guidelines and procedures and how to carry them out; • Gathering feedback from LEP communities in the service areas of the City, such as schools, faith - communities, and other resources. 55Bg22 City of Santa Ana Limited English Proficiency (LEP) Plan March 2014 VIII. DEFINITIONS Limited - English- Proficient Persons: Individuals with a primary or home language other than English who must, due to limited fluency in English, communicate in that primary or home language if the individuals are to have an equal opportunity to participate effectively in or benefit from any aid, service or benefit provided by Santa Ana Workforce Investment Board. Linguistically Isolated: This term is defined in the Census as the percentage of the persons in households in which no one over the age of 14 speaks English well, and is used as a direct measure of those persons with a severe language barrier, as distinct from those of foreign origin who speak English well. Low Frequency and Unusual or Unexpected Languages: An individual with limited English skills who does not speak a language spoken by a "significant number or proportion of the population ". Qualified Interpreter: Qualified interpreter means an interpreter who is able to interpret effectively, accurately, and impartially, either for individuals with disabilities or for individuals with limited English skills. The interpreter should be able to interpret both receptively and expressively, using any necessary specialized vocabulary. Non - English Language Relay Service: A telecommunications relay service that allows persons with hearing or speech disabilities who use languages other than English to communicate with voice telephone users in a shared language other than English, through a communications assistant who is fluent in that language. The City's LEP Plan and Title VI Complaint Procedure are available on the City of Santa Ana's website @ www.santa- ana.org. Any person or agency may request a copy of the LEP Plan via telephone, fax, mail, or in person and shall be provided a copy of the Plan at no cost. Questions or comments about the LEP Plan may be submitted to the Equal Opportunity Officer, City of Santa Ana, Personnel Services Department, 20 Civic Center Plaza, M -24, Santa Ana, CA 92701, (714) 245 -8670, Fax (714) 245 -8090 or aqueen @santa - ana.org. City of Santa Ana Limited English Proficiency (LEP) Plan March 2014 TITLE VI CITY OF SANTA ANA BOARDS AND COMMISSIONS According to the 2010 U.S. Census, the City of Santa Ana's minority race /ethnic breakdown is as follows: Black 1.5x/0 American Indian and Alaska Native 1.0% Asian 10.5% Native Hawaiian and Other Pacific Islander 0.3% Hispanic or Latino 78.2% Through its website, the City encourages residents to become involved in their community by participating on Boards, Commissions and Committees. The City accepts applications for Boards, Commissions and Committees, on an ongoing basis and keeps them active for a two -year period. The Maddy Act requires that the City of Santa Ana post one time per year by December 31st, all upcoming vacancies (Local Appointment List). This Notice includes current members of City Boards and Commissions, the title of Boards and Commissions with vacancies, term expiration dates, and the process to apply for Boards and Commissions. This Notice is available in Spanish, Vietnamese, Korean and Chinese. Additionally, when a vacancy occurs, notices are posted in three physical locations (Council Chambers, Office of the Clerk of the Council, and the Santa Ana Library). A Notice is posted on the City's website as well. The applications of individuals who have applied in the past two years are reviewed and notification is made to interested individuals according to the Ward in which they reside. Most recently, a press release was sent to individuals residing in two of the Council Wards. This notice was area - specific to encourage members of the public and minorities to apply for the available Board and Commission representing these specific locations. April 2014 55B224 City of Santa Ana Limited English Proficiency (LEP) Plan March 2014 CITY OF SANTA ANA — PARKS, RECREATION AND COMMUNTY SERVICES AGENCY ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE The Public Works Agency is the liaison agency for the Environmental and Transportation Advisory Committee (ETAC), who act as an advisory body to the City Council in reviewing Environmental Issues which include water resources, recycling, trash collection and urban forestry, and transportation issues such as traffic lights, transportation systems, traffic circulation, medians, speed humps, and neighborhood traffic protection plans. ETAC is comprised of ten members: seven regular members; one Santa Ana Chamber of Commerce Representative, one Hispanic Chamber of Commerce of Orange County representative, and one student representative. Members must be a qualified elector of the City of Santa Ana and cannot be a treasurer of a Political Action Commission. The two Chamber representatives are nominated by the respective Chamber of Commerce and are appointed by the City Council. MEMBER REPRESENTING DEMOGRAPHIC INFO B. Bist Vacant Vacant R. Godinez D. Reyes D. Oregel T. Morrissey Vacant E. Galvan L. Ortiz L.Sheedy Vacant City Council Ward #2 City Council Ward #4 Hispanic Chamber of Commerce of Orange County City Council Ward #5 City Council Ward #1 City Council Ward #3 Mayor of Santa Ana Santa Ana Chamber of Commerce City of Santa Ana /Public Works Agency, Interim Executive Director City of Santa Ana /Public Works Agency, Executive Secretary City of Santa Ana /City Attorney's Office, Assistant City Attorney Student Representative 55B .i25 Hispanic Hispanic Hispanic Caucasian Hispanic Hispanic Caucasian 55B -26 Is 4/17/14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE TITLE VI COMPLIANCE PLAN AND AUTHORIZING ITS SUBMITTAL TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SENIOR MOBILITY PROGRAM GRANT AWARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana applied for and was awarded a grant from the California Department of Transportation ( "Caltrans ") to replace the existing gasoline powered vans used for the Seniors on the Go Program. B. To secure this award, the City must approve its Title VI Plan for the Parks, Recreation and Community Services Agency, and authorize its submittal to Caltrans in order to show that the City assures that no person be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity, due to race, color, sex, age, disability or national origin, as provided by Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987. C. The City hereby approves the Title VI Plan, and authorizes its submittal to Caltrans in order to receive $200,000 in grant funds to purchase two compressed natural gas energy efficient vehicles. Section 2. The City Council hereby approves the Title VI Plan, and authorizes its submittal to Caltrans in order to receive $200,000 in grant funds to purchase two compressed natural gas energy efficient vehicles. Section 3. The City Council hereby authorizes the Executive Director of the Parks, Recreation and Community Services Agency to implement the components of the Plan in order to meet Federal requirements. Section 4. The City Council hereby authorizes the Executive Director of the Parks, Recreation and Community Services Agency to implement policies that may be necessary to comply with subsequent revisions or interpretations of the Civil Rights Act. 55B -27 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2014 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55B -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: BRISTOL STREET IMPROVEMENTS, RIGHT - OF -WAY ACQUISITIONS, AND ADOPTION OF AN ADDENDUM TO THE FINAL EIS /EIR CITY MAWER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize staff to proceed with the Bristol Street design which results in meeting Orange County Transportation Authority and City goals. 2. Authorize staff to move forward with full -take property acquisitions on Bristol Street between Washington Avenue and 17th Street, based on the approved Bristol Street Final Environmental Impact Statement/Environmental Impact Report, EIS No. 89 -01. 3. Adopt a resolution approving an Addendum to the Bristol Street Final Environmental Impact Statement/Environmental Impact Report for the Bristol Street Improvements and Widening between Washington Avenue and 17th Street. DISCUSSION Approval of these recommendations would allow the City to proceed with finalizing the design to improve Bristol Street and widen the roadway from four to six lanes. Approval would also initiate the right -of -way acquisitions phase. This phase must be substantially completed by December 2014 in order to award a construction contract by June 2015 and meet the funding deadlines specified by the Orange County Transportation Authority (OCTA). Bristol Street is a north -south transportation facility designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving and widening the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that is being constructed in several phases. Although OCTA has helped identify funds for the majority of Bristol segments, the City has been obligated to complete the improvements in phases to coincide with the cash flow provided by OCTA grants. The Bristol Street Improvements include constructing sidewalks, bike lanes, and raised landscape medians; planting street trees; and installing street lights. The roadway would be widened and would accommodate all transportation uses, including pedestrians, bicycles, autos, and buses. 55C -1 Bristol Street Improvements, Right -of -Way Acquisitions, and Adoption of an Addendum to the Final EIS /EIR May 6, 2014 Page 2 The recommended design follows the OCTA Master Plan of Arterial Highways and meets the City's goals to enhance pedestrian safety and walkability, improve traffic operations, and reduce congestion. The Bristol Street design incorporates Complete Streets features, and accommodates future Complete Streets standards, including adherence to the City's Draft Bicycle and Pedestrian Master Plan. The recommended improvements are compatible with adjacent Bristol segments and consistent with the Bristol Street Specific Plan and the General Plan. In 1990, the City Council approved the project improvements proposed in the Bristol Street Final Environmental Impact Statement /Environmental Impact Report (FEIS /EIR), EIS No. 89 -01 (Exhibit 1). Since then, minor design modifications to the segment between Washington Avenue and 17th Street were identified (Exhibit 2). Adoption of the resolution (Exhibit 3) approving the Addendum to the Bristol Street FEIS /EIR (Exhibit 4) includes those improvements using project funds. The added improvements requiring design modification include a wider parkway buffer for sidewalk safety, a visibility wall to protect residents to the east, and a right -turn pocket for eastbound 17th Street to southbound Bristol Street to improve traffic flow. City Council approval of the staff - recommended design would allow completion of the Bristol design and the right -of -way process to proceed. OPTIONS / ALTERNATIVES A. Full property acquisitions This alternative is the staff- recommended option as described above. The recommended full - property acquisitions would allow improvements which support Complete Streets and land use which conforms to set -back, lot size, and parking requirements. This alternative would also allow implementation of the Bristol Street Specific Plan and achieves the following: • Supports Complete Streets • Consistent with the Bicycle Master Plan • Consistent with the Pedestrian Master Plan • Improves walkability and enhances pedestrian safety • Supports implementation of Specific Plan • Consistent with Bristol Specific Plan - Consistent with City General Plan • Enhances traffic operations and reduces congestion (widens roadway from four to six lanes) • Creates superior street aesthetics - Built environment, landscape median, and parkways - Street trees, street lights • Enhances compatibility with adjacent improved segments of Bristol • Improvements which are supported by adjacent residents / neighbors including the Washington Square Neighborhood Association • Allows Bristol businesses to stay if they wish to do so (Potentially financially neutral to Coalition members) 55C -2 Bristol Street Improvements, Right -of -Way Acquisitions, and Adoption of an Addendum to the Final EIS /EIR May 6, 2014 Page 3 This recommendation does not allow the option of Bristol Coalition owners to remain in their existing buildings. B. Partial property acquisitions based on 120 -foot right -of -way This alternative keeps some of the properties and building improvements which are non- conforming, and limits the Bristol Street improvement and widening to a cross - section width of 120 feet. This alternative achieves the following: o Consistent with the Bicycle Master Plan • Reduces congestion (widens roadway from four to six lanes) • Allows some Bristol businesses to stay (potentially at a net cost to Coalition members) However, this alternative has significant concerns which include: • Is not consistent with 1990 El • Creates challenging street ingress /egress • No on -site parking • Non - conforming properties would remain and the level of non - conformity would be broader • ROW constraints — the roadway alignment from phase to phase would not match • Part -take compensation is insufficient for proposed Coalition improvements • Bristol businesses along the subject segment are not united on this option • Opposition from adjacent residents / neighbors including Washington Square Neighborhood Association RECENT DISCUSSION WITH BRISTOL PROPERTY OWNERS City staff has continued to communicate with Bristol property owners. Recent conversations have focused on how Bristol businesses may reinvest acquisition proceeds to relocate on Bristol with a site plan and development which conforms to zoning and development standards including the Bristol Specific Plan. The development standards and the process to accommodate potential business relocation onto adjacent remnant properties and a response to coalition list of concerns are included as Exhibits 5 and 6. However, the City cannot make any approvals at this time since all discussions are theoretical. CONCLUSION Staff recommends Alternative A which achieves the OCTA and City goals. The focus of this alternative is to build essential improvements on Bristol that bring superior aesthetics, adding to the community's quality of life, and provide safer pedestrian mobility, enhancing access options to the area. In addition, the improvements brought to the City via this alternative allow Bristol businesses that wish to remain in Santa Ana to re- invest and relocate within the remnant parcels. Lastly, this alternative is consistent with the 1990 EIR which was prepared with public input and was approved by the City Council. 55C -3 Bristol Street Improvements, Right -of -Way Acquisitions, and Adoption of an Addendum to the Final EIS /EIR May 6, 2014 Page 4 ENVIRONMENTAL IMPACT California Environmental Quality Act (CEQA) Section 15164(d) requires City Council adoption of a resolution approving the Addendum to the Final Environmental Impact Statement/ Environmental Impact Report. FISCAL IMPACT There is no fiscal impact associated with this action. Edwin "William" Gal9e , P.E. Interim Executive Director Public Works Agency EWG /KN Exhibits: 1. Bristol Street FEIS /EIR (attached CD) 2. Segment Location Map 3. Resolution 4. Addendum to the FEIS /EIR 5. Coalition Relocation Process 6. Response to Coalition Letter 55C -4 The Bristol Street FEIS /EIR CD is on file in the Office of the Clerk of the Council and is available for public inspection during regular business hours, 8:00 a.m. — 5:00 p.m., Monday through Thursday. EXHIBIT 1 55C -5 55C -6 i i i I 4 i ........... �._.._.. I � I . I I I I I I j I I I I �I i t I i IJi I I I I I � _ WASHINGTON AVENUE ••j -- •- • -• -• -• -1 ------- 1 • I ` 1 j i 1 PROJECT LOCATION EXHIBIT 2 I I I I i I lgam SANTA ANA RESOLUTION TO ADOPT ADDENDUM TO FINAL � - ENVIRONMENTAL IMPACT Amm .. P W A .. NARY DATE- STATEMENVENVIRONMENTAL IMPACT REPORT PWL FOR THE BRISTOL STREET WIDENING PROJECT PAGE IOF1 55C -7 55C -8 4/15/14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT / ENVIRONMENTAL IMPACT REPORT NO. 89 -01 FOR THE BRISTOL STREET IMPROVEMENTS AND WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 19, 1990, the City Council approved the Final Environmental Impact Statement / Environmental Impact Report (EIS 89 -01) for the improvements and widening of a 3.9 -mile segment of Bristol Street from Warner Avenue to Memory Lane, hereinafter referred to as the "Project'. B. City Council has been asked to authorize the commencement of Phase 1116 of the Project, improving and widening Bristol Street from Washington Avenue to 17th Street. Phase IIIB includes minor design modifications to the Project approved in EIS 89 -01. C. On May 6, 2014, the City Council of the City of Santa Ana considered the request for approval of the Addendum to the Final Environmental Impact Study / Environmental Impact Report (EIS 89 -01). Section 2. The City Council previously approved and adopted Final Environmental Impact Study / Environmental Impact Report (EIS 89 -01). In accordance with the California Environmental Quality Act, an Addendum to EIS 89 -01 was prepared for Phase IIIB of the Bristol Street Improvements and Widening Project. Based upon the studies, the City Council determines that there are no new significant impacts or any increases in the severity of the impacts previously identified in the original FEIS /EIR. The City Council hereby approves the Addendum to EIS 89 -01. Section 3. These decisions are based upon the Request for Council Action dated May 6, 2014, and exhibits attached thereto; the public comments; and, the Final Environmental Impact Study / Environmental Impact Report (EIS 89 -01), all of which are incorporated herein by this reference. Section 4. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure Resolution No. 2014 - 55Qr9 Page 1 of 2 section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of May 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2014 - 55C -1 0 Page 2 of 2 PROJECT NUMBER: 132897 PROJECT CONTACL. Court Morgan EMAIL; court morgan ®powareng,wm PHONE; 714.507.2764 November 25, 2013 CITY OF SANTA ANA Bristol Street Widening Project Washington Avenue to 17th Street (Phase IIIB) Environmental Impact Report Addendum Exhibit 4 55C -11 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17°i Street Environmental Impact Report Addendum PREPARED FOR. CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, M -36 SANTA ANA, CA 92702 PREPARED BY. POWER ENGINEERS, INC. 731 EAST BALL ROAD, SUITE 100 ANAHEIM, CA 92805 OFFICE: (714) 507 -2700 FAX (714) 507 -2799 55C -12 TABLE OF CONTENTS 1.0 INTRODUCTION ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17" Street 1 1.1 PURPOSE OF AN ADDENDUM ................................................................... ............................... 1 1.2 PROJECT LOCATION .................................................................................. ..............................4 ..............................6 1.2.1 Existing Land Uses ........................................................................... ..............................4 EXISTING LAND USE (1990 FEIS/ EIR) .............................................. 1.3 PROJECT BACKGROUND .......................................................................... ............................... 8 1.3.1 Approved 1990 Final EIR/EIS ........................................................ ............................... 8 1.3.2 Adopted Transportation Improvement Program ............................... ..............................8 ............................... 14 1.4 PROJECT DESCRIPTION ............................................................................. ..............................9 ............................... 15 1.4.1 Bristol Street Widening Phase IIIB Project Area ............................. ..............................9 1990 FEIS /EIR PROPOSED LANE GEOMETRICS ................................ 1.4.2 Property Acquisition ........................................................................ ............................... 9 1.4.3 Changes as Compared to the Approved Project .............................. .............................12 1.4.5 Construction Timeframe .................................................................. .............................13 1.5 DISCRETIONARY ACTIONS ....................................................................... ............................. 13 2.0 ENVIRONMENTAL CHECKLIST ........................................................ .............................17 2.1 BACKGROUND ....................................................................................... ............................... 17 3.0 ENVIRONMENTAL CONSEQUENCES ............................................... .............................18 3.1 AESTHETICS ........................................................................................... ............................... 18 3.2 AGRICULTURAL RESOURCES ................................................................... ............................. 20 3.3 AIR QUALITY ......................................................................................... ............................... 21 3.4 BIOLOGICAL RESOURCES ...................................................................... ............................... 28 3.5 CULTURAL RESOURCES ........................................................................... ............................. 30 3.6 GEOLOGY AND SOILS ............................................................................. ............................... 31 3.7 GREENHOUSE GAS EMISSIONS .............................................................. ............................... 34 3.8 HAZARDS AND HAZARDOUS MATERIALS .............................................. ............................... 34 3.9 HYDROLOGY AND WATER QUALITY ....................................................... ............................. 37 3.10 LAND USE AND PLANNING .................................................................... ............................... 41 3.11 MINERAL RESOURCES ........................................................................... ............................... 42 3.12 NOISE ....................................................................................................... .............................43 3.13 POPULATION AND HOUSING .................................................................... ............................. 44 3.14 PUBLIC SERVICES .................................................................................. ............................... 46 3.15 RECREATION .......................................................................................... ............................... 47 3.16 TRANSPORTATION /TRAFFIC .................................................................. ............................... 48 3.17 UTILITIES AND SERVICE SYSTEMS ........................................................ ............................... 50 3.18 MANDATORY FINDINGS OF SIGNIFICANCE ............................................ ............................... 52 4.0 REFERENCES .......................................................................................... .............................54 FIGURES: FIGURE REGIONAL LOCATION ........................................................................ ..............................5 FIGURE 2 PROJECT LOCATION ........................................................................... ..............................6 FIGURE 3 EXISTING LAND USE (1990 FEIS/ EIR) .............................................. ..............................7 FIGURE PROPERTY ACQUISITIONS ............................................................... ............................... 11 FIGURE 5 PROPOSED PROJECT LANE GEOMETRICS ........................................ ............................... 14 FIGURE 6A 1990 FEIS /EIR PROPOSED LANE GEOMETRICS .............................. ............................... 15 FIGURE 6B 1990 FEIS /EIR PROPOSED LANE GEOMETRICS ................................ .............................16 ANA 111 -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE i 55C -13 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17� Street TABLES: TABLE 1 PROPERTY ACQUISITIONS .................................................................... ............................. 10 TABLE 2 PROJECT RELATED CONSTRUCTION EMISSIONS ................................ ............................... 23 TABLE 3 YEAR 2015 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS ......................... 24 TABLE 4 YEAR 2035 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS ......................... 24 TABLE 5 LOCALIZED SIGNIFICANCE THRESHOLDS ANALYSIS FOR CONSTRUCTION ACTIVITIES... 26 TABLE 6 CO HOTSPOT ANALYSIS (PPM) .......................................................... ............................... 27 TABLE 7 SCHOOLS WITHIN THE PHASE IIIB PROJECT AREA ............................ ............................... 35 APPENDICES: APPENDIX A MODIFIED INITIAL STUDY CHECKLIST ...................................... ............................... 56 ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE ii 55C -14 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to I7' Street ACRONYMS AND ABBREVIATIONS AAQS ambient air quality standards ADA American with Disabilities Act of 1990 APE Area of Potential Effect AQMP Air Quality Management Plant BMPs best management practices CAAQS California ambient air quality standards CaIEEMod SCAQMD California Emissions Estimator Model Caltrans California Department of Transportation CEQA California Environmental Quality Act CO carbon monoxide CO2 carbon dioxide CPRC California Public Resources Code CRHR California Register of Historical Resources CWA Clean Water Act dB decibels dB(A) A- weighted decibels EPA US Environmental Protection Agency FEIS/EIR Final Environmental Impact Statement / Environmental Impact Report FHWA Federal Highway Administration FTIP Federal Transportation Improvement Program GC General Commercial GHG greenhouse gas I -405 San Diego Freeway LOS Level of Service LSTs Localized Significance Thresholds mph miles per hour NAAQS National Ambient Air Quality Standards NEPA National Environmental Policy Act NO2 nitrogen dioxide NOx nitrogen oxides NPDES National Pollutant Discharge Elimination System 03 ozone OCTD Orange County Transit District PM10 particulate matter less than less than or equal to 10 microns in diameter PM2.5 particulate matter less than less than or equal to 2.5 microns in diameter plan parts per million Project Bristol Street Widening Phase IIIB — 1701 Street to Washington Ave. Project ROG reactive organic gases RTIP Regional Transportation Improvement Program SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SIPS state implementation plans Sox sulfur oxides SP1 Specific Plan SR -22 State Route 22 SWPPP Stormwater Pollution Prevention Plan TCMs Transportation Control Measures UBC Uniform Building Code ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE iii 55C -15 ENVIRONMENTAL IMPACT REPORTADDENDLIM Bristol Street Widening Phase IIIB — Washington Avenue to I� Street 1.0 INTRODUCTION This Addendum has been prepared in accordance with the California Environmental Quality Act (CEQA), as amended, to evaluate the potential environmental impacts of the proposed changes to the widening of Bristol Street, from Warner Avenue to Memory Lane as proposed in the Project Final Environmental Impact Statement / Environmental Impact Report (FEIS/EIR) approved in 1990 (FHWA-CA- EIS- 89 -01- F; SCH No. 87071509). This Addendum focuses on the segment of Bristol Street between Washington Avenue and 1761 Street (Phase IIIB, or Project) and is limited to the proposed improvements to this segment. This Addendum provides an assessment of potential environmental impacts associated with minor design modifications and the issue of climate change which was not addressed in the previously prepared and certified FEIS /FIR. Design modifications to the Project, since approval of the 1990 FEIS/EIR, that are addressed in this Addendum include the following: • The proposed Project eliminates the dedicated eastbound right -tarn lane and proposes a shared right -tarn lane in its place at the intersection of Bristol Street and 1761 Street. • The 1990 FEIS /EIR, using decommissioned noise methodology, recommended noise barriers (soundwalls) at all easterly parcel boundaries currently fronting the east side of Bristol Street between Civic Center Drive and 17 °i Street. However, using current noise modeling methodology (Noise Study Report, URS Corporation 2012c), noise abatement in the form of noise barriers is not required for the Phase IIIB Project. • For purposes of aesthetic treatment and enhancement, the proposed Project would install an approximately 8 -foot high block wall at approximately the same location where the soundwall was previously recommended (as addressed in the 1990 FEIS/EIR). Additionally, the topic of greenhouse gas (GHG) emissions was not addressed in the previously approved 1990 FEIS /EIR as this topic was not a subject matter that required evaluation pursuant to CEQA at that time. As such, this Addendum analyzes the effects of GHG emissions associated with construction and operation of the proposed Project. This Addendum to the previously certified 1990 FEIS /EIR has been prepared because Project - related modifications to the Bristol Street alignment do not trigger the need for further environmental analysis in a Subsequent or Supplemental EIR under the requirements CEQA (refer to CEQA Guidelines Sections 15162 and 15163, respectively). 1.1 Purpose of an Addendum Under CEQA, when an EIR has been certified for a project, no Subsequent FIR may be required for that project unless the lead agency determines, based upon substantial evidence, that one or more specified ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE I 55C -16 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17fh Street circumstances has occurred. Only if one or more of the following circumstances arises is a Subsequent EIR required, pursuant to CEQA Guidelines Section 15162: (1) Substantial changes are proposed in the project which will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revision of the previous EIR due to the involvement of new significant environmental increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (CEQA Guidelines Section 15162[a]) A Supplement to an EIR (or Supplemental EIR), which is narrower in scope than a Subsequent EIR, may be prepared if any of the above criteria apply, but "[o]nly minor changes or additions would be necessary to make the previous EIR adequately apply to the project in the changed situation" (CEQA Guidelines Section 15163[a][2]). In the absence of the need to prepare either a Subsequent or Supplemental EIR, an Addendum may be prepared. More specifically, CEQA Guidelines Section 15164 states: (a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 2 55C -17 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17'h Street (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. This Addendum to the previously certified FEIS/EIR for the approved Project has been prepared because the evaluation of the proposed modifications does not result in any of the circumstances requiring a Subsequent or Supplemental EIS /EIR. Although the proposed modifications would result in development that differs from that in the 1990 FEIS /EIR, those modifications do not trigger the need for preparation of a Subsequent or Supplemental EIR under the criteria listed in CEQA Guidelines Sections 15162 and 15163, respectively. Sections 2.0 and 3.0 of this Addendum demonstrate that no substantial changes are proposed in the approved Project or have occurred in the area of the Bristol Street Widening Phase IIIB Project that will require major revisions to the previously certified 1990 FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Specifically, the proposed modifications, as compared to the 1990 FEIS /EIR, do not result in new or substantially greater significant impacts because the scale and nature of the proposed modifications are sufficiently similar to that analyzed in the 1990 FEIS/EIR such that the impacts of the proposed modifications are within the levels and types of environmental impacts disclosed in the 1990 FEIS /EIR. In addition, no substantial changes in circumstances under Section 15162(a)(2) have occurred since the certification of the 1990 FEIS /SIR for the approved Project that would result in new significant impacts or substantially increase the severity of significant impacts previously identified, since the background environmental conditions have not significantly changed since that tine. The City of Santa Ana has received no information indicating there has been a substantial change in any circumstances that would result in a new or substantially greater significant impact. Furthermore, no new information, which was not known and could not have been known at the time of the 1990 FEIS/EIR preparation, has been revealed that shows new or substantially greater significant impacts would result (see CEQA Guidelines Section 15162(a)(3)). In addition, there are no new or different mitigation measures or alternatives that would substantially reduce one or more significant ANA 111 -334 (PER- 02 -01) CITY OF SAN9'A ANA (11/25/2013 REV2) 132897 55C -18 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street impacts of the approved Project but that are not adopted. The proposed modifications do not identify or require adoption of any further mitigation measures or alternatives beyond those provided in the certified 1990 FEIS /EIR for the approved Project, since additional mitigation measures are either not necessary or not feasible, and the alternatives analyzed in the 1990 FEIS/EIR represent a reasonable range as required pursuant to CEQA (see CEQA Guidelines Section 15162(a)(3)). This Addendum relies on the certified 1990 FEIS /EIR and the related administrative record, in addition to the additional documentation included to support the Addendum, including the appendices. The Addendum is to be included or attached to the 1990 FEIS /EIR and is not to be considered as an independent or separate document. As this Addendum does not identify new or substantially greater significant impacts, circulation for public review and comment is not necessary pursuant to CEQA Guidelines Section 15164(c). However, the City Council will consider and adopt or reject this Addendum at a public meeting (refer to CEQA Guidelines Section 15164(d)). The findings of the City Council in its resolution of adoption of this Addendum, if adopted, will reflect this Addendum which provides the basis and substantial evidence for the decision not to prepare a Subsequent or Supplemental EIR (refer to CEQA Guidelines Section 15164(e)). 1.2 Project Location The proposed Project includes a segment of Bristol Street between Washington Avenue and 176' Street in the City of Santa Ana. The City of Santa Ana, located within the County of Orange, is surrounded by the Cities of Tustin, Orange, Costa Mesa, Fountain Valley, and Garden Grove. The proposed Project site is located approximately 1.5 miles north of the San Diego Freeway (I -405) and approximately three miles south of State Route 22 (SR -22). Refer to Figures 1 and 2 for the regional map and Project location map with proposed roadway alignment and widening. 1.2.1 Existing Land Uses The Project area and surrounding vicinity is located within an urbanized area of the City of Santa Ana. Existing land use along the Project corridor consists of commercial and institutional development, and single - family residences. Santa Ana College comprises land use on the west side of Bristol Street, whereas single - family residences are only located on the east side of Bristol Street within the Project limits. The existing single - family residences consist of single -story homes, and include outdoor areas of frequent human use (i.e., rear and side yards). Figure 3 (Existing Land Use [1990 FEIS /EIR]), illustrates existing land use as identified in the 1990 FEIS /EIR. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 4 55C -19 LEGEND * PROJECT LOCATION N ® Miles �.Rowla�i « 10 15 �ardetta i ak k iea�� Manit� s� N iw�7ki,° r a, Beach � eta � .+ • Yorbe��Ll �a �, � Co na -, ' $ 9RBhifin � '�P410 ropg ih #r e � r Verdes r x ,s Huntingt "� ORANGE CO Bead Irvl =:' o9`i'a�Mes Newpo .'�s� 's .^rVieJo Laau� ,� an r x ti :Avalon PACIFIC OCEAN LEGEND * PROJECT LOCATION 55C -20 OREGON IDAHO. NEVADA UTAH DRNIA FIGURE 1 REGIONAL LOCATION BRISTOL STREET WIDENING PROJECT WASHINGTON AVENUE TO 17TH STREET (PHASE IIIB) N ® Miles 0 5 10 15 55C -20 OREGON IDAHO. NEVADA UTAH DRNIA FIGURE 1 REGIONAL LOCATION BRISTOL STREET WIDENING PROJECT WASHINGTON AVENUE TO 17TH STREET (PHASE IIIB) LEGEND ® PROJECT LOCATION WORLD ® Feet 0 1,000 2,000 55C: -Zl FIGURE 2 PROJECT LOCATION BRISTOL STREET WIDENING PROJECT WASHINGTON AVENUE TO 17TH STREET (PHASE 1118) � www r ZN W JW N a t~n w Z t0 LL LL?m i -nwi�a unu a i s� v —A—T7 a m -T— G I xNryl uM' 'i�lYi� xuY � m m � O m � W Z 2 Q W V O � � O zN uwuN �� z I a G Q N ui.0 eira. a w r � 'i Q D � � ''•z "y: � w Ill .1 yY i Y. U LL IU 2 O :u ris5 1/�4 K ZZ t `Yi w r Ji ?t ^ ^.3Y.• � w szi7.� ^,f N a o �+ti "yit� to w > N�is z W im zm Iii U�O a Z LL N 55C -22 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17'h Street 1.3 Project Background 1.3.1 Approved 1990 Final E/R/EIS The City of Santa Ana General Plan designates Bristol Street as a Major Arterial Highway traveling in a north -south direction. As a result of significant growth and traffic congestion on Bristol Street, the City of Santa Ana, in the late 1980s, proposed to widen Bristol Street from a four -lane roadway to a six -lane arterial in accordance with adopted County of Orange and City of Santa Ana standards for a Major Arterial Highway. A joint EIS/EIR was prepared and approved by the City of Santa Ana and the California Department of Transportation (Caltrans) for the widening of Bristol Street in 1990. The 1990 Project entailed a 3.9 -mile segment of Bristol Street from Warner Avenue to Memory Lane. Due to significant costs associated with construction and availability of funding, the street widening Project was divided into three phases; Phase I, from Warner Avenue north to First Street; Phase II, consisting of the widening and reconstruction of the bridge which crosses Santiago Creek (northerly limits of the street widening Project); and Phase III, between First Street and Memory Lane. Subsequently, and also due to funding programming and availability, the Phase III segment has been further divided into two separate segments: Phase IIIA, Civic Center Drive to Washington Avenue; and Phase IIIB (the subject of this Addendum), Washington Avenue to 17°i Street. The Bristol Street widening segments, as described above, operate independently; that is, operation of one segment is not dependent on another. The 1990 FEIS/EIR (SCH No. 87071509) was approved on November 19, 1990. The 1990 FEIS /EIR and associated technical studies, incorporated herein by reference, documented the enviromnental impacts of widening Bristol Street from Warner Avenue to Memory Lane in the City of Santa Ana. As stated in the 1990 FEIS /EIR, the purpose and goals of the Bristol Street Widening Project were to: 1. Provide sufficient roadway capacity to accommodate current and future traffic demand. 2. Improve the performance and safety of the roadway for the benefit of the motoring public. 3. To reduce current and projected future delays experienced at major intersections and to design intersections to function at acceptable Levels of Service (LOS). 4. To design the roadway in manner conducive to the provision of public transportation, namely bus service provided by the Orange County Transit District (OCTD). 1.3.2 Adopted Transportation Improvement Program The Bristol Street Widening Project is fully funded and included in the Southern California Association of Government's (SCAG's) 2012 Regional Transportation Plan titled 2012 -2035 Regional Transportation Plan /Sustainable Communities Strategy (RTP/SCS): Towards a Sustainable Future (2012 RTP) (RTP ID ORA125). The project is also currently listed in SCAG's financially constrained 2013 Federal Transportation hnprovement Program (2013 FTIP) for fiscal year 2012/2013 — 2015/2016. The project entry in the 2013 FTIP identifies the following scope of work: BRISTOL ST (WARNER TO MEMORY LANE) WIDEN FROM 4 TO 6 LANES (IMPV AT BRISTOUWARNER (ADD NB/EB/SB THRU LNS; WS RT TRN LN) AND BRISTOUFIRST (ADD NB/SB THRU LNS; SB LFT/RT /TRN LNS). ANA 111 -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 8 55C -23 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17f6 Street The Project's design concept and scope have not changed significantly from what was analyzed in the RTIP and FTIP. This analysis found that the plan and, therefore the individual projects contained in the plan, are conforming projects and would have air quality impacts consistent with those identified in the state implementation plans (SIPS) for achieving the National Ambient Air Quality Standards (NAAQS). The Federal Highway Administration (FHWA) determined the RTIP to conform to the SIP. 1.4 Project Description 1.4.1 Bristol Street Widening Phase IIIB Project Area Phase IIIB of the Bristol Street Widening Project involves the widening of Bristol Street between Washington Avenue and 1761 Street from four lanes to six lanes with a 150 -foot wide right -of -way cross section including a 14 -foot wide raised landscaped median; three 12 -foot wide through travel lanes in each direction; a 7 -foot wide Class II bike lane on each side of the roadway; a 15 -foot wide parkway; and 10 -foot sidewalks with curb ramps for wheelchair access (pursuant to American with Disabilities Act of 1990 [ADA] requirements) on both sides of the roadway. As Bristol Street approaches the intersections, the landscaped center median would taper to accommodate right -turn pockets and left -turn lanes in each direction. Street signs and utilities including electric power lines, telephone poles, and street lighting would be relocated to new locations within the Project area along Bristol Street. Street furniture, including benches and bus shelters, would be provided at bus stop locations. Affected trees would be replanted. During the one -year construction period (anticipated to be early 2015 to early 2016), one lane in each direction would remain open and existing driveway accesses along Bristol Street would be retained at all times. The maximum excavation depth would be three feet for roadway excavation, and approximately 10 feet for utility /drainage excavation. 1.4.2 Property Acquisition A total of 14 properties (parcels), as listed in Table 1, would be fully acquired as a result of the proposed widening of Bristol Street between Washington Avenue and 1761 Street (refer to Figure 4 [Property Acquisitions] for the locations of affected properties). More specifically, the proposed Project, and associated right -of -way, would result in the full acquisition by the City of Santa Ana, of five single - family residential parcels; two parcels representing commercial uses; and seven parcels characterized as office -type use. Parcel 405- 272 -11 is within the project limits; however, this parcel is owned by the City. The acquisitions would comply with policies pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as implemented by the City of Santa Ana. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 9 55C -24 TABLE1 PROPERTY ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street Arts 405 - 252 -22 1607 N Bristol Street GC SP1 Office (Income Tax Preparation) 405 - 272 -11 1303 N Bristol Street GC SP1 Vacant (City Owned) 405 - 272 -12 1311 N Bristol Street GC SP1 Office (Dentist) 405 - 272 -13 1315 N Bristol Street GC SP1 Sinale Familv Residential 405 - 272 -14 1319 N 405 - 272 -15 1321 N 17 ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE. 10 55C -25 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17'" Street 1.4.3 Changes as Compared to the Approved Project It should be noted that Project phasing has been revised from the original three phases identified in the 1990 FEIS /EIR. Construction phasing of the entire Project segment has been further subdivided as follows: • St. Andrew Place to McFadden Avenue (Constructed in 2002) • Elm Street to Memory Lane (Constructed in 2003) • Pine Street to 3rd Street (Constructed in 2009) • Phase I: McFadden Avenue to Pine Street (Constructed in 2011)1 • Phase IL• 3`d Street to Civic Center Drive (Under construction to be completed in 2014) • Phase IIIA: Civic Center Drive to Washington Avenue • Phase IIIB: Washington Avenue to 170' Street • Phase IV: Warner Avenue to St. Andrew Place • Phase V: 1761 Street to Elm Street The proposed street widening design configuration for the current Phase IIIB segment (proposed Project addressed herein) differs from the original configuration of the 1990 FEIS /EIR, as follows: • The proposed Project eliminates the dedicated eastbound right -turn lane and proposes a shared right -turn lane in its place at the intersection of Bristol Street and 17d' Street. • The 1990 FEIS /EIR, using decommissioned noise methodology, recommended noise barriers (soundwalls) at all easterly parcel boundaries currently fronting the east side of Bristol Street between Civic Center Drive and 170' Street. However, and using current noise modeling methodology (URS Corporation, 2012c), noise abatement in the form of noise barriers is not required for the proposed Project. • For purposes of aesthetic treatment and enhancement, the proposed Project would install an approximately S -foot high block wall at approximately the same location where the soundwall was previously recommended (as addressed in the 1990 FEIS /EIR). ' 'Phase numbers were assigned to the Bristol Street Widening Project subsequent to cancelation of the CenterLine Light Rail Transit Project and associated reallocation of funding from that canceled project to the Bristol Street Widening Project. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 12 55C -27 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to 17`" Street The proposed Project lane configuration is shown on Figure 5 (Proposed Project Lane Geometries), whereas the lane configurations from the original approved 1990 FEIS /EIR are shown on Figures 6A and 6B (1990 FEIS /EIR Proposed Lane Geometries). The proposed block wall, as described above, is also illustrated on Figure 5. Since approval of the 1990 FEIS /EIR, the City of Santa Ana implemented several zone changes to Project area parcels through approval of the Bristol Street Corridor Specific Plan. Also during this time, Parcel 405- 252 -20 was identified as four commercial full takes; however, it is now identified as one commercial full take. An assessment of construction and Project related GHG emissions was also not addressed in the 1990 FEIS /EIR, and as a result is addressed in this Addendum. 1.4.5 Construction Timeframe Construction activities associated with the proposed Project would occur following acquisition of the required parcels. Construction of the proposed Project is anticipated to begin in early 2015 and be completed within approximately one year (early 2016). 1.5 Discretionary Actions This Addendum must be adopted by the City of Santa Ana City Council as to its adequacy in complying with the requirements of CEQA and the previously approved 1990 FEIS /EIR. The City Council will consider the information contained in the Addendum and the 1990 FEIS /EIR in making a decision to approve or deny the proposed Project. No discretionary actions with regards to the National Environmental Policy Act (NEPA) or changes are proposed pursuant to NEPA. ANA 111 -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 13 55C -28 v L N —�-133Z f I 4 I Bristol Street SOURCE: FINAL ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL STREET FROM WARNERAVENUE TO MEMORY LANE, IN THE CITY OF SANTA ANA, WILDANASSOCIATES.1999, 55C -30 NORTH FIGURE 6A 1990 FEISIEIR PROPOSEDLANE GEOMETRICS BRISTOL STREET WIDENING PROJECT WASHINGTON AVENUE TO 17TH STREET (PHASE IIIB) Bristol Street SOURCE', FINAL ENVIRONMENTAL IMPACT STATEMENTENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL STREET FROM WARNERAVENUE TO MEMORY LANE, IN THE CITY OF SANTA ANA. WILDAN ASSOCIATES, 1990, 55C -31 NORTH FIGURE 613 1990 FEISIEIR PROPOSED LANE GEOMETRICS BRISTOL STREET WIDENING PROJECT WASHINGTON AVENUE TO 17TH STREET (PHASE IIIB) ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street 2.0 ENVIRONMENTAL CHECKLIST 2.1 Background Project Title: Bristol Street Widening, Phase IIIB Project Lead Agency Name and Address: City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 Contact Person and Phone Number: Kenny Nguyen, P.E. Senior Civil Engineer City of Santa Ana (714) 647 -5632 Project Location: Bristol Street from Washington Avenue to 1761 Street in the City of Santa Ana. Project Sponsor's Name and Address: City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 General Plan Designation: General Commercial (GC) Zoning: Specific Plan (SPl) Description of Project: The City of Santa Ana is proposing to widen the Bristol Street between Washington Avenue and 17`h Street from four lanes to six lanes with a 150 -foot wide right -of -way cross section including a 14 -foot wide raised landscaped median; three 12 -foot wide through travel lanes in each direction; a 7 -foot wide Class lI bike lane on each side of the roadway; a 15 -foot wide parkway; and 10 -foot sidewalks with curb ramps for wheelchair access (pursuant to American with Disabilities Act of 1990 requirements) on both sides of the roadway. As Bristol Street approaches its intersection with 17t" Street, the landscaped center median would taper to accommodate right -turn pockets and left -turn lanes in each direction. The widening would require full acquisitions of 14 parcels fronting ,Bristol Street as detailed in Table 1 (Property Acquisitions) of this Addendum. The proposed Project would also install an approximately 8- foot high block wall at approximately the same location where the soundwall was previously recommended (as addressed in the 1990 FEIS /EIR). Surrounding Land Uses and Setting: The Project site is located within a fully developed urban area within the City of Santa Ana. Areas surrounding the Project site consist of various urban uses such as institutional facilities, commercial and retail facilities, and single- and multi - family residences. Other Public Agencies Whose Approval is Required (e.g., permits, financing, or participation agreement): City of Santa Ana ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 17 55C -32 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17fh Street 3.0 ENVIRONMENTAL CONSEQUENCES This section describes the effects of the proposed Project as compared to those identified in the previously approved 1990 FEIS /EIR document, and to existing conditions and any changes in regulatory setting since the previously approved 1990 FEIS /EIR. Furthermore, this section analyzes the potential environmental impacts associated with the proposed Project. The issue areas evaluated in this document include the following, pursuant to Appendix G of the CEQA Guidelines, and have been modified to evaluate the proposed Project changes for which an FEIS /EIR has been previously approved (in 1990) to assist in the determination of the need for a supplemental EIS /EIR or an Addendum. The modified Initial Study checklist, comparing the effects of the Project modifications as compared to those analyzed in the 1990 FEIS /EIR, is found in Appendix A. • Aesthetics • Land Use • Agricultural and Forestry Resources • Mineral Resources • Air Quality • Noise • Biological Resources • Population and Housing • Cultural Resources • Public Services • Geology and Soils • Recreation • Greenhouse Gas Emissions • Transportation/Traffic • Hazards and Hazardous Materials • Utilities /Service Systems • Hydrology /Water Quality • Mandatory Findings of Significance A summary of impacts of the previously approved Project and the mitigation measures imposed is provided along with an analysis of the potential impacts resulting from the proposed Project and whether those impacts substantially exceeds those discussed in the previously approved 1990 FEIS /EIR. 3.1 Aesthetics This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections A - Landform Modification, G - Urban Landscaping, J - Light and Glare, and K - Aesthetic Considerations of the previously approved 1990 FEIS /EIR. a.) Have a substantial adverse effect on a scenic vista? The proposed Project would not result in any significant modifications or changes from the previously approved 1990 FEIS /EIR. The Project is located within a highly developed urban area of the City of Santa Ana. No scenic vistas are located within the Project area. No impact to scenic vistas would result from the proposed Project. Mitigation Measures No new additional mitigation measures are required. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 18 55C -33 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17'" Street b.) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? There are no state - designated scenic highways within the Project area, nor is the Project area visible from any scenic highways. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. c.) Substantially degrade the existing visual character or quality of the site and its surroundings? The proposed Project is located in a highly urbanized area of the City of Santa Ana. Although the proposed Project would result in modifications to the visual character of the area resulting from the widening of Bristol Street and resultant property acquisitions, as well as the addition of an 8 -foot high block wall at approximately the same location where the soundwall was previously addressed in the 1990 FEIS /EIR, the Project would not result in substantial changes in visual character as analyzed in the 1990 FEIS /EIR. Implementation of mitigation measures as included in the previously approved 1990 FEIS /EIR, including installation of a block wall as described above, would ensure that impacts are reduced to a less than significant level. Although the proposed block wall is no longer warranted for purposes of noise abatement based on the updated Project noise analysis (URS Corporation, 2012c), the wall, as further described in the 1990 FEIS/EIR, was taken into consideration as a Project - related component in the context of providing improved visual continuity within the Bristol Street corridor; not constructing the proposed block wall would detract from providing an aesthetically unified streetscape along the Project corridor. Mitigation Measures No additional new mitigation measures are required. d.) Create a new source of'substantial light or glare that would adversely affect day or nighttime views in the area? Light and glare are currently generated from various sources within the Project area (e.g., commercial and retail businesses, signage, street lighting, and parking lot lighting). The proposed Project does not involve the construction of any structures other than relocation of street lighting fixtures. Therefore, no new sources of light or glare are anticipated with implementation of the proposed Project. The proposed Project would not generate additional daytime or nighttime illumination beyond that currently experienced within the area. Implementation of the proposed Project would not create more significant light and glare impacts than previously analyzed in the 1990 FEIS /EIR. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 19 55C -34 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17th Street Mitigation Measures No additional new mitigation measures are required. 3.2 Agricultural Resources The previously approved 1990 FEIS/EIR did not include evaluation for agricultural resources, as no agricultural resources are located within the area of analysis. a.) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? The Project site is located within a highly urbanized area of the City of Santa Ana. No Prime, Unique, or Farmland of Statewide Importance is located in the vicinity of the Project site. No impacts would result from the proposed Project. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No additional new mitigation measures are required. b.) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The Project site is located within a highly urbanized area in the City of Santa Ana. Lands within the Project area are designated General Commercial as identified in the City of Santa Ana's General Plan. The zoning designation of properties within the Project area is Specific Plan (SPI) which allows for a variety of land uses such as commercial, office, residential and open space as provided in the approved Specific Plan document. No agricultural uses exist on site or in the vicinity, and the Project would not conflict with a Williamson Act contract as none exist in the Project area. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. c.) Conflict with existing zoning for, or cause rezoning, of forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? The Project site is located within a highly urbanized area in the City of Santa Ana. Lands within the Project area are designated General Commercial as identified in the City of Santa Ana's General Plan. The zoning designation of properties within the Project area is Specific Plan (SPI) which allows for a ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) [32897 CM PAGE 20 55C -35 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17fb Street variety of land uses such as commercial, office, residential and open space as provided in the approved Specific Plan document. No agricultural uses exist on site or in the vicinity, and the Project would not conflict with a Williamson Act contract as none exist in the Project area. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. d.) Result in the loss offorest land or conversion of forest land to non forest use? The Project site is located within a highly urbanized area in the City of Santa Ana. No forest land is located on site or in the vicinity. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. e.) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion offforest land to non - forest use? The Project site is located within a highly urbanized area in the City of Santa Ana. No forest land is located on site or in the vicinity. Implementation of the proposed Project would not result in greater impacts than previously analyzed, regarding farmland, in the 1990 FEIS/EIR. Mitigation Measures No additional new mitigation measures are required. 3.3 Air Quality This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections H - Air Quality and V - Construction Impacts of the previously approved 1990 FEIS /EIR. a.) Conflict with or obstruct implementation of the applicable air quality plan? The Bristol Street Widening Project is fully funded and included in SCAG's 2012 Regional Transportation Plan titled 2012 -2035 Regional Transportation Plan /Sustainable Communities Strategy (RTP/SCS): Towards a Sustainable Future (2012 RTP) (RTP ID ORA125). The project is also currently listed in SCAG's financially constrained 2013 Federal Transportation Improvement Program (2013 FTIP) for fiscal year 2012/2013 — 2015/2016. The project entry in the 2013 FTIP identifies the following scope of work: BRISTOL ST (WARNER TO MEMORY LANE) WIDEN FROM 4 TO 6 LANES (IMPV AT ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 21 55C -36 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17' Street BRISTOLIWARNER (ADD NB/EB/SB THRU LNS; WB RT TRN LN) AND BR/STOUFIRST (ADD NBISB THRU LNS; SS LFTIRT/TRN LNS). The Project's design concept and scope have not changed significantly from what was analyzed in the RTIP and FTIP. This analysis found that the plan and, therefore the individual projects contained in the plan, are conforming projects and would have air quality impacts consistent with those identified in the SIPs for achieving the NAAQS. The FHWA determined the RTIP to conform to the SIP. The proposed widening of Bristol Street, from Warner Avenue to Memory Lane has been included in the FTIP since 1992. The FTIP gives priority to eligible Transportation Control Measures (TCMs) identified in the SIP and provides sufficient funds to provide for their implementation. The FHWA determined the FTIP to conform to the SIP on April 2, 2009. No significant impacts would occur. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Furthermore, the South Coast Air Basin (SCAB) is designated by the state and US Environmental Protection Agency (EPA) as nonattainment for ozone (03), and particulate matter (PM10 and PM2.5). The South Coast Air Quality Management District (SCAQMD) developed regional emissions thresholds to determine whether or not a project would contribute to air pollutant violations. If a project exceeds the regional air pollutant thresholds, then the project would substantially contribute to air quality violations in the SCAB. In addition, a project would also contribute to air pollutant violations if localized emissions result in an exceedance of the ambient air quality standards (AAQS). Based on the Air Quality Assessment Report performed by URS Corporation (2013) for the Project, short -term emissions generated during Project - related construction activities would not exceed the SCAQMD regional emissions thresholds for any of the criteria pollutants and also would not substantially elevate localized concentrations of these pollutants. Consequently, the Project would be consistent with the Air Quality Management Plant (AQMP). Long -term emissions generated by the Project would not exceed the SCAQMD thresholds for regional emissions and would therefore also not contribute to an increase in frequency or severity of air quality violations. The proposed Project would be consistent with the Major Arterial designation of the City of Santa Ana General Plan Circulation Element and the County of Orange's Master Plan of Arterial Highways. Additionally, the Project would improve traffic flow and result in a reduction in air pollutant emissions. Mitigation Measures No additional new mitigation measures are required. b.) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Short -tern emissions were modeled for the construction phase of the proposed Project. Construction activities associated with the Project would include demolition of pavement and buildings, fine grading, ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE22 55C -37 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street trenching, paving, and development of ancillary structures. During constriction activities, emissions from heavy equipment exhaust, delivery trucks, and fugitive dust would be generated for a short duration. To accurately determine the significance of air quality impacts from construction activities, construction emissions are quantified and compared to the significance thresholds set by the SCAQMD. Project - specific data, such as construction timelines and dimensions of the Project site, along with general operating guidelines, were used as inputs to the SCAQMD's California Emissions Estimator Model (CalEEMod) (version 2011.1.1) to quantify construction emissions. As shown in Table 2, emissions calculated by this model were compared to the SCAQMD's regional significance thresholds to determine whether project emissions would result in a significant air quality impact. As shown in Table 2, emissions attributable to construction of the proposed Project were found to be below the significance thresholds adopted by the SCAQMD for all the analyzed air pollutants. Because emissions were found to be below the SCAQMD's significance thresholds, Project related construction emissions are not considered by the SCAQMD to result in a significant air quality impact. In addition, mitigation measures included in the 1990 FEIS/EIR would further reduce construction- related air quality impacts. Source: Air Quality Assessment Report (URS 2013a). Notes: VOC = volatile organic compounds; NOx = nitrogen oxides; CO = carbon monoxide; S02 = sulfur dioxide; PM10 = particulate matter less than less than or equal to 10 microns in diameter; PMae = particulate matter less than less than or equal to 2.5 microns in diameter. An assessment of regional emissions associated with the operations phase of the proposed Project was also conducted which compared emissions with and without the proposed Project. Air pollutant emissions generated by roadway vehicles are quantified based on emissions rates that vary based on vehicle speed. Because the proposed Project would increase the roadway capacity along Bristol Street, traffic congestion would be alleviated and average vehicle speeds would increase along improved roadway segments. Table 3 shows the emissions that would occur with and without the proposed Project based on the average vehicle speeds. As shown in Table 3, air pollutant emissions would be less under the With- Project Alternative as opposed to the No Project Alternative due to the lower emission rates associated with higher average vehicle speeds. The SCAQMD has established significance thresholds to determine whether the operations phase of projects would result in significant impacts to regional air quality. The proposed Project would result in air pollutant emissions which are below these significance thresholds ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 23 55C -38 VOC NOx CO S02 PMI0 PM2.5 Demolition 9 70 44 <1 12 3 Trenching 5 41 19 <1 2 2 Grading 8 60 34 <1 6 4 Paving 3 16 11 <1 2 1 Maximum 9 70 44 <1 12 4 SCAQMD Threshold 75 100 550 150 150 55 Exceeds Threshold? No No No No No No Source: Air Quality Assessment Report (URS 2013a). Notes: VOC = volatile organic compounds; NOx = nitrogen oxides; CO = carbon monoxide; S02 = sulfur dioxide; PM10 = particulate matter less than less than or equal to 10 microns in diameter; PMae = particulate matter less than less than or equal to 2.5 microns in diameter. An assessment of regional emissions associated with the operations phase of the proposed Project was also conducted which compared emissions with and without the proposed Project. Air pollutant emissions generated by roadway vehicles are quantified based on emissions rates that vary based on vehicle speed. Because the proposed Project would increase the roadway capacity along Bristol Street, traffic congestion would be alleviated and average vehicle speeds would increase along improved roadway segments. Table 3 shows the emissions that would occur with and without the proposed Project based on the average vehicle speeds. As shown in Table 3, air pollutant emissions would be less under the With- Project Alternative as opposed to the No Project Alternative due to the lower emission rates associated with higher average vehicle speeds. The SCAQMD has established significance thresholds to determine whether the operations phase of projects would result in significant impacts to regional air quality. The proposed Project would result in air pollutant emissions which are below these significance thresholds ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 23 55C -38 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 1T° Street and would result in a beneficial impact on air pollutant emissions due to improvements in operational phase efficiencies along Project roadway segments for the 2015 Project opening year. Emissions occurring during the 2035 design year were also quantified based on the LOS, average vehicle speed and emission rates that would occur with and without the proposed Project. As shown in Table 4, air pollutant emissions occurring under the With- Project Alternative would be less than under the No Project Alternative due to lower emission rates associated with higher average speeds. Consequently, the Proposed Project for the 2035 Project design year would likewise result in emissions which are below the SCAQMD's significance thresholds and would result in a beneficial impact relative to greenhouse gas (GHG) emissions due to improvements in operational phase efficiencies along Project roadway segments. Mitigation Measures No additional new mitigation measures are required. TABLE 3 YEAR 2015 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS Bristol Street Between Seventeenth Street and 13 82 6 14 0 2 2 Seventeenth Street and 25 62 3 11 0 Washinaton Avenue Difference between No Project and with Project Emissions Bristol Street Between Seventeenth Street and -20 -3 -3 0 -1 -1 SCAQMD Significance 550 55 55 150 150 55 Thresholds Exceeds Thresholds No No No No No No Source: Air Quality Assessment Report (URS 2013a). Notes: mph = miles per hour; CO = carbon monoxide; ROG = reactive organic gases; NOx = nitrogen oxides; S02 = sulfur dioxide; PMm = particulate matter less than less than or equal to 10 microns in diameter; PM2,6 = particulate matter less than less than or equal to 2.5 microns in diameter. TABLE 4 YEAR 2035 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS Seventeenth Street and 13 42 3 7 0 3 2 Washinaton Avenue Year 2035 with Project Bristol Street Between Seventeenth Street and 15 39 3 6 0 2 2 Washinaton Avenue ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 24 55C -39 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase //IS — Washington Avenue to 17`" Street Difference between No Project and with Project Emissions Bristol Street Between Seventeenth Street and -2 -1 -1 0 0 0 Washington Avenue SCAQMD Significance Thresholds 550 55 55 150 150 55 Exceeds Thresholds No No No No No No Source: Air Quality Assessment Report (URS 2013a). Notes: mph = miles per hour; CO = carbon monoxide; ROG = reactive organic gases; NOx = nitrogen oxides; S02 = sulfur dioxide; PM10 = particulate matter less than less than or equal to 10 microns in diameter; PM2.s= particulate matter less than less than or equal to 2.5 microns in diameter. c.) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? The SCAB is designated by the EPA and the State as being nonattainment for 03, PM10, and PM2.5. In accordance with SCAQMD methodology, any project that does not exceed or can be mitigated to less than the daily threshold values does not add significantly to a cumulative impact. As mentioned above, the development of the proposed Project demonstrates that construction and operational activities would not result in emissions in excess of SCAQMD's threshold values. Since the proposed Project would not exceed the SCAQMD's significance thresholds for construction activities or the operations phase, the SCAQMD does not consider emissions from the Project's emissions to add significantly to any cumulative impact. Furthermore, it should be noted that the proposed Project would increase the capacity of Bristol Street from Washington Avenue to 17`" Street to address existing and projected traffic congestion. Increases in roadway capacity would result in improvement in the LOS along Bristol Street. The improvement in LOS would result in increases in average vehicle speed and reductions in the amount of delay vehicles experience at intersections thereby resulting in both lower emissions and lower emissions rates associated with higher vehicle speeds. As such, the Project would continue to result in a beneficial impact. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. rb) Expose sensitive receptors to substantial pollutant concentrations? A project could have the potential to expose sensitive receptors to elevated pollutant concentrations if it would cause or contribute substantially to elevated pollutant concentration levels or place the Project in an area with elevated pollutant concentrations. An evaluation of air pollutant emissions as it affects local sensitive receptors has been conducted for both the construction and operations phases of the Project. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 25 55C -40 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to I 7 Street Localized Construction Impacts Localized air pollutant emissions are evaluated relative to the exposure of local sensitive uses to air pollutant concentrations generated by the proposed Project. These are pollutant concentrations which can be directly correlated to the health -based ambient air quality standards. This differs from regional emissions which were discussed previously in that regional emissions are used to assess how much air pollution is generated within an air basin and does not have a direct correlation with health effects. Localized Significance Thresholds (LSTs) have been developed by the SCAQMD for nitrogen oxides (NOx), carbon monoxide (CO), PM10, and PM2.5. The LSTs determine whether project - related emissions would substantially contribute to or exceed the ambient air quality standards and expose sensitive receptors to excessive concentrations of air pollutants. The LSTs differ based on distance such that a greater allowance in air pollutant emissions is allowed for construction activities occurring further from a sensitive use and a lesser allowance in emissions is given for construction activities occurring closer to sensitive uses. Only short -term emissions occurring at the Project site for the Project's construction phase were included to determine if sensitive receptors local to the Project site would be adversely affected. Emissions generated by construction activities disperse rapidly with distance from the construction site. Individual construction phases were compared against the SCAQMD's LST significance criteria. As shown in Table 5, Project emissions would not exceed the EST screening level criteria for CO, nitrogen dioxide (NO2), PM10, or PM2.5• Because emissions associated with this alternative would be less than the EST, onsite construction emissions would not be expected to exceed the federal or California AAQS at the nearest sensitive receptors. As such, no significant air quality impacts related to localized air pollutants would occur from the construction phase. TABLE 5 LOCALIZED SIGNIFICANCE THRESHOLDS ANALYSIS FOR CONSTRUCTION Source: Air Quality Assessment Report (URS 2013a), Notes: NOx = nitrogen oxides; CO = carbon monoxide; PMro = particulate matter less than less than or equal to 10 microns in diameter; PM2.5 = particulate matter less than less than or equal to 2.5 microns in diameter. Intersection Hot -Spots While the proposed Project would not result in any direct sources of localized emissions due to the roadway street lighting being powered by electricity, changes in LOS or traffic volumes due to the Project may cause indirect sources of localized emissions. While emissions of motor vehicles have improved due ANA 111 -334 (PER- 02 -01) C[rY OF sAN'rA ANA (11/25/2013 REV2) 132897 55C -41 NOx CO PM10 PMzs Demolition 66 41 4 3 Grading 60 34 6 4 Trenching 41 19 2 2 Paving 16 11 1 1 SCAQMD Threshold 183 1253 13 7 Exceeds Threshold? No No No No Source: Air Quality Assessment Report (URS 2013a), Notes: NOx = nitrogen oxides; CO = carbon monoxide; PMro = particulate matter less than less than or equal to 10 microns in diameter; PM2.5 = particulate matter less than less than or equal to 2.5 microns in diameter. Intersection Hot -Spots While the proposed Project would not result in any direct sources of localized emissions due to the roadway street lighting being powered by electricity, changes in LOS or traffic volumes due to the Project may cause indirect sources of localized emissions. While emissions of motor vehicles have improved due ANA 111 -334 (PER- 02 -01) C[rY OF sAN'rA ANA (11/25/2013 REV2) 132897 55C -41 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17h Street to more stringent vehicle emissions standards and the use of cleaner burning fuels, they continue to be the primary source of local emissions within the study area. Localized areas where ambient concentrations exceed national and /or state standards for CO are known as hotspots. The SCAQMD defines typical sensitive receptors as residences, schools, playgrounds, childcare centers, athletic facilities, long -term health care facilities, rehabilitation centers, convalescent centers, and retirement homes. Because CO is produced in greatest quantities from vehicle combustion and does not readily disperse into the atmosphere, adherence to AAQS is typically demonstrated through an analysis of localized CO concentrations. Areas of vehicle congestion have the potential to create pockets of CO called "hot spots." These pockets have the potential to exceed the state one -hour standard of 20 parts per million (ppm) or the eight -hour standard of 9 ppm. Note that the federal levels are based on one- and eight -hour standards of 35 and 9 ppm, respectively. Thus, an exceedance condition would occur based on the state standards before the federal standards. The following intersections were modeled for CO hotspots as detailed in the Air Quality Assessment Report (URS 2013): • Bristol Street and 170' Street • Bristol Street and Washington Avenue As shown in Table 6, both the 1- and 8 -hour CO concentrations at the intersections that were affected by the proposed Project would be substantially below the California and federal AAQS for CO. Potential CO impacts related to the Project alternatives are below AAQS and would not result in a significant air quality impact from CO hotspots. TABLE 6 CO HOTSPOT ANALYSIS r,XAAQS p- GAAQ a3n 1 -Hour 8-Hour w'x d °° .CONCENTRATION Bristol Street and 17th Street Northeast Receptor 6.9 20 4.7 9.0 No No Southeast Receptor 6.9 20 4.7 9.0 No No Southwest Receptor 7.0 20 4.7 9.0 No No Northwest Receptor 6.9 20 4.7 9.0 No No Bristol Street and Washington Avenue Northeast Receptor 6.6 20 4.5 9.0 No No Southeast Receptor 6.6 20 4.5 9.0 No No Southwest Receptor 6.7 20 4.5 9.0 No No Northwest Receptor 6.7 20 4.5 9.0 No No Source: Air Quality Assessment Report (URS 2013a). Note: CAAQS = California Ambient Air Quality Standards. As discussed previously, the proposed Project would not result in air pollutant concentrations that exceed the SCAQMD's LSTs for construction activities. In addition, the operations phase of the Project would not result in CO hotspots. As such, the construction and operations phases of the Project would not result ANA 111 -334 (PER -02 -0Q CITY OF SANTA ANA (11/25/2013 RE, V2) 132897 CM PAGE27 55C -42 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to I7'" Street in significant impacts to air quality which would expose sensitive receptors to substantial air pollutant concentrations. Mitigation Measures No additional new mitigation measures are required. e.) Create objectionable odors affecting a substantial number ofpeople? Construction activities associated with the proposed Project may generate detectable odors from heavy - duty construction equipment and exhaust. Odors associated with diesel and gasoline fumes are transitory in nature and would not create objectionable odors affecting a substantial number of people. The impacts from these odors would be short-term, would cease upon Project completion, and are not anticipated to be significant. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No additional new mitigation measures are required. 3.4 Biological Resources This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection E - Streambed Modification, of the previously approved 1990 FEIS /EIR. a.) Have a substantial adverse effect, either directly or through habitat modifications, on any species identitied as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? The Project site is located within a highly urbanized area within the City of Santa Ana. No sensitive natural habitat or special - status species exist on or in the vicinity of the proposed Project (Natural Environment Study [Minhnal Impacts], URS Corporation, April 2011). Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Refer to response in 3.4 (a.), above. No riparian habitat or other sensitive natural communities are identified in the Project area or vicinity. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. ANA 111 -334 ()'ER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 28 55C -43 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to 17"' Street Mitigation Measures No new additional mitigation measures are required. c.) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Refer to response in 3.4 (a.), above. No federally protected wetlands are identified in the Project area or vicinity. The proposed Project is located within a highly urbanized area of the City of Santa Ana. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The proposed Project is located within a highly urbanized area of the City of Santa Ana. The Project would not interfere with the movement of any native resident or migratory fish or wildlife species, corridors, or impede the use of native wildlife nursery sites, as none are located within the Project area. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. e.) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The proposed Project may result in the removal of existing landscaping, including trees. As such, removal or planting of trees is required to comply with the City of Santa Ana Municipal Code, Chapter 33, Article VII, Regulation of the Planting, Maintenance, and Removal of Trees. Furthermore, the proposed Project would not conflict with the City's tree ordinance. implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. ANA l 1t -334 (PEA- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 29 55C -44 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street f.) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The Project site is not located within a habitat conservation plan. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.5 Cultural Resources This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection T - Cultural Resources, of the previously approved 1990 FEIS /EIR. a.) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? A Historic Resources Evaluation Report (URS Corporation, 2012a) was prepared for the Project to document identification, recordation, and evaluation efforts for architectural resources, such as buildings, structures, objects, districts, and linear features within the Project area. The Historic Resources Evaluation Report concludes with the finding that none of the properties within the Area of Potential Effect (APE) appear to meet the criterion for listing in the National Register of Historic Places or California Register of Historical Resources (CRHR). The historic -period properties within the APE also have been evaluated in accordance with Section 15064.5(a)(2) -(3) of the CEQA Guidelines, using the criteria outlined in Section 5024.1 of the California Public Resources Code (CPRC), and do not appear to be historical resources for purposes of CEQA. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Due to the limited area of disturbance, within an existing developed and urban area, and limited depth of proposed excavations, the potential to uncover archaeological resources is considered low. However, implementation of mitigation measures as included in the previously approved 1990 FEIS /EIR would reduce impacts to archaeological resources yet uncovered or undiscovered. The proposed Project would not result in archaeological impacts greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. CITY OF SANTA ANA (11/25/2013 REV2)132897 CM 55C -45 PAGE ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17'" Street c.) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? As documented in Chapter VI, Resources Element, of the County of Orange General Plan, the Project site is not located in an area of paleontological sensitivity. Also, the proposed Project would involve only shallow excavation. Furthermore, since the Project area is already developed, the potential for discovering paleontological resources during construction is low. Soils occurring in the Project area are mostly Quaternary Alluvium. Typically, these deposits are less than 10,000 years old, and not likely to contain important fossils. No greater impacts to paleontological resources than previously analyzed in the 1990 FEIS/EIR would result from Project implementation. Mitigation Measures No new additional mitigation measures are required. d.) Disturb any human remains, including those interred outside offormal cemeteries? The Project site is located within a highly urbanized area within the City of Santa Ana. No formal cemeteries are located within the Project area or vicinity. However, in the event that human remains are uncovered during grading or excavation, contractors are required to comply with the procedures and requirements set forth in the California Health and Safety Code Section 7050.5 and CPRC Section 2098.98. The County Coroner and, in the event that the remains are Native American, the Native American Heritage Commission would be notified and, in turn, would notify those persons believed to be most likely descended from the deceased for appropriate disposition of the remains. The proposed Project would not result in an impact to human remains greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.6 Geology and Soils This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections A - Landfonn Modification, B - Seismic Hazards, C - Erosion Impacts, and F - Water Quality, of the previously approved 1990 FEIS/EIR. a.)i Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. The City of Santa Ana is not included in the Alquist - Priolo Earthquake Fault Zoning Map. The Project site is not underlain by an active fault and the closest fault, the Newport- Inglewood Fault, is ANA 111 -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 31 55C -46 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to 17" Street approximately eight miles to the west. The proposed widening would not result in greater impacts than previously analyzed in the 1990 FEIS /SIR. Mitigation Measures No new additional mitigation measures are required. a.)ii Strong seismic ground shaking? The Newport- Inglewood Fault is the closest fault to the Project site and is the most likely source of ground shaking impacts. The proposed Project is an intersection widening project and would not expose people or structures to adverse ground shaking impact. The proposed widening would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. a.)iii Seismic- related ground failure, including liquefaction? The Project site is not identified by the 1990 FEIS /EIR as having a high liquefaction potential but is near areas classified as having high to medium liquefaction potential. In addition, the Project would be constructed to achieve the standards outlined in the California Building Code to reduce impacts in this regard. Consequently, the proposed Project would not expose people or structures to potential liquefaction impact. The proposed widening would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. adiv Landslides? The proposed Project site is generally flat and does not contain any significant slopes. The proposed Project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Result in substantial soil erosion or the loss of topsoil? Exposure of barren rock and soil surfaces during construction would result in soil erosion. However, considering the slight gradient, anticipated erosion impact is minimal. Furthermore, the Project would be subject to National Pollutant Discharge Elimination System (NPDES) permitting regulation, including the ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 32 55C -47 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17"' Street development and implementation of a Stormwater Pollution Prevention Plan ( SWPPP) during construction activities. The SWPPP requires construction contractors to implement best management practices (BMPs) to reduce sediment from impacting the storm water system. The increased erosion impact due to the intersection widening would not be substantially greater than previously analyzed. c.) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? The 1990 FEIS /EIR indicated that there are no instances of undisturbed, natural soils. The Project site is underlain by well- drained alluvial fan or flood plains and is not included in the areas of high subsidence or high liquefaction hazard (but located south of an area identified as having high to medium subsidence for liquefaction). The Project area is fully developed with urban uses within the City of Santa Ana. The proposed Project would be constructed in accordance with the standards of the Uniform Building Code (UBC). The proposed Project would not create greater impact than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? The proposed Project would not include the construction of any structures other than relocation of existing utilities. The proposed Project would not create substantial risks to life or property and the proposed Project would not create greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. e.) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The proposed Project would not generate any sewage or wastewater and would not require installation of any septic tanks or alternative wastewater systems. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. ANA 111 -334 (PER- 02.0t) CITY OF SAWA ANA (11/25/2013 REV2) 132897 CM PAGE 33 55C -48 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street 3.7 Greenhouse Gas Emissions This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections H - Air Quality, and V - Construction Impacts of the 1990 FEIS/EIR. a.) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Greenhouse gas emissions (GHG) were not evaluated in the 1990 FEIS /EIR. Construction activities would consume fuel and result in the generation of GHG emissions. Construction of the Project is anticipated to occur over a one -year period. Construction - related GHG emissions would cease upon completion of the Project. Due to the length of construction activities, GHG emissions associated with construction activities are anticipated to be minimal. Because construction emissions are not substantial and would cease after completion of construction, GHG emissions would not be significant. Furthermore, the Project proposes intersection widening of Bristol Street at 176' Street and Washington Avenue, therefore only carbon dioxide (CO2) emissions from mobile - sources are evaluated. Similar to the other criteria pollutants, the highest emissions would occur between 0 to 10 miles per hour (mph) and 50 mph and above. Because the Project would improve traffic flow within the Project area, the Project would result in reduced CO2 emissions. Consequently, GHG emissions associated with the Project would be less than significant. Mitigation Measures No mitigation measures are required. b.) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions ofgreenhouse gases? The proposed Project would not conflict with applicable plans, policy, or regulations adopted for the purpose of reducing the emissions of GHG. The proposed Project would result in improved traffic flow, reduced vehicle idling times, and congestion. Implementation of the proposed Project would not result in new impacts to GHG. Mitigation Measures No mitigation measures are required. 3.8 Hazards and Hazardous Materials This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections V - Construction Impacts, X - Hazardous Materials, of the 1990 Final EIS /EIR. a.) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of'hazardous materials? ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 34 55C -49 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17f6 Street The proposed Project would involve demolition of existing structures. Compliance with the standard protocol surveys and abating procedures would be required prior to any demolition activities that would potentially disturb existing building materials. Furthermore, specific requirements limiting asbestos emissions from building demolition activities are set forth in SCAQMD Rule 1403 (Asbestos Emission from Demolition/Renovation Activities). The existing structures to be demolished and roadway pavement striping are also required to be surveyed for lead -based paint prior to removal, in compliance with the applicable local, state, and federal regulations administered through the California Division of Occupational Safety and Health. Compliance with existing regulations would ensure that impacts are not greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No mitigation measures are required. b.) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Refer to response in 3.8 (a.), above. Compliance with existing regulations and mitigation measures from the 1990 FEIS/EIR would ensure that impacts are not greater than previously analyzed. Mitigation Measures No new additional mitigation measures are required. c.) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? As listed below in Table 7, there are four schools located within one - quarter mile of the Project site. TABLE 7 SCHOOLS WITHIN THE PHASE IIIB PROJECT AREA Gonzalo Felicitas Mendez Fundamental 2000 North Bristol Street 0.17 mile Northwest of Bristol Street at 17th Intermediate School Santa Ana, CA 92706 Street intersection Love 2 Learn Preschool & K 1200 West 17th Street 0.10 mile East of Bristol Street at 17th Street Santa Ana, CA 92706 intersection Woodrow Wilson Elementary School 1317 North Baker Street 0.16 mile Northeast of Bristol Street at Santa Ana, CA 92706 Washington Avenue intersection Santa Ana College 1530 West 17th Street <0.10 mile West of Bristol Street between Santa Ana. CA 92706 Washinaton Avenue and 17th Street Refer to response in 3.8 (a.), above. Health risks associated with Project construction- related activities would be less than significant. Compliance with existing regulations would ensure that impacts are not greater than previously analyzed in the 1990 FEIS /EIR. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 35 55C -50 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17' Street Mitigation Measures No new additional mitigation measures are required. r.) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The Project area is developed with residential, institutional, open space, commercial and retail uses. Pursuant to the Initial Site Assessment prepared by URS Corporation (2013b), the Project site includes a former service station location where gasoline was reported to have contaminated the groundwater; the site is currently under -going site remediation through appropriate state and local agency standards as required. Compliance with existing regulations and mitigation measures from the 1990 FEIS /EIR would ensure that impacts are not greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. e.) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The Project site is not within an airport land use plan. The closest airport to the site is John Wayne — Orange County Airport, more than five miles southeast of the Project site. The proposed widening would not introduce any new risks or increase risks associated with the Project. Mitigation Measures No new additional mitigation measures are required. f.) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? The Project site is not within the vicinity of a private airstrip and would not create any safety hazard. The proposed Project would not create additional significant impact. Mitigation Measures No new additional mitigation measures are required. g.) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ANA It t -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 AEV2) 132897 CM 55C -51 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase I11B — Washington Avenue to 1716 Street During construction, the disruption of traffic and access along Bristol Street between Washington Avenue and 17r' Street would temporarily affect the mobility of emergency vehicles. However, provisions would be made for interim access through the Project corridor and to adjoining properties; traffic control plans would be prepared detailing provisions for vehicular movement and access through the Project corridor during construction. Advance warning and information signs would be used to inform motorists during the construction process. It is expected that two -way travel would be maintained along Bristol Street during construction. Although the proposed Project may interfere with an emergency evacuation plan, it would be short term during construction and mobility would improve once the Project is completed. Compliance with mitigation measures from the 1990 FEIS /SIR would ensure that impacts are not greater than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. h.) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed Project is located in a highly urbanized area of the City of Santa Ana. There are no wildlands in the Project vicinity and no new significant impacts would result with Project implementation. Mitigation Measures No new additional mitigation measures are required. 3.9 Hydrology and Water Quality This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections C - Erosion Impacts, D - Floodplain /Floodway Encroachment, and F - Water Quality of the 1990 FEIS /EIR. a.) Violate any water quality standards or waste discharge requirements? Under Section 402 of the Clean Water Act (CWA), the EPA has established regulations under the NPDES program to control direct storm water discharges. The proposed Project would be required to comply with the NPDES program for the Santa Ana Regional Water Quality Control Board. Construction Activities Grading and excavation and use of hazardous materials during Project- related construction activities would create potential sources of polluted discharge. The construction contractor is required to conform to the requirements of the General Permit for Discharges of Storm Water Associated with Construction Activity. Pursuant to the CWA, in 2009 the State Water Quality Control ,Board issued a statewide General ANA 111 -334 (PE+R- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 37 55C -52 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street Construction Permit for stormwater discharges from construction sites ( NPDES No. CAS000002; Order No. 2009 - 2009 -DWQ, amended as Order No. 2012 - 0006 -DWQ). Under this General Construction Permit, discharges of stormwater from construction sites with a disturbed area of one or more acres are required to either obtain individual NPDES permits for stormwater discharges or to be covered by the General Construction Permit. Iii addition, BMPs specified in the Caltrans Storm Water Management Plan are also applicable. The construction contractor is required to conform to the requirements of the General NPDES Permit for Construction Activities and any subsequent General Permit in effect at the time of Project construction. As part of the statewide NPDES permit, the construction contractor would be required to implement BMPs into their construction operations to reduce potential water quality impacts to the maximum extent practicable through preparation of a SWPPP. The General Construction Permit contains requirements that BMPs must meet, including: Erosion Control Erosion control, also called stabilization, is the protection of the soil surface so that soil particles do not become detached by water or wind; and trapping soil particles that do become detached and are moved by water or wind. Non - Stormwater Management Non - stormwater management is the reduction or avoidance of discharges other than stormwater, such as from cleaning of vehicles and equipment, and spills of hazardous materials and hazardous wastes. Non - stormwater management includes requirements for the use and storage of hazardous substances so as to avoid spills and minimizes pollution by cleaning spills that do occur. The SWPPP contains BMPs chosen for a project based on the specific activities that would be conducted as part of that project, and the amounts of stormwater and non - stormwater runoff that are anticipated, and the projected Risk Level. The 1990 FEIS /EIR included a mitigation measure to control stormwater runoff associated with construction activities. Impacts would be less than significant and would be similar to those identified in the 1990 FEIS /EIR. Moreover, the Project would comply with the updated NPDES requirements, as described above. Operational Phase Vehicular travel along the improved Project corridor has the potential to degrade water quality, including increases in such pollutants as oil, gasoline, grease, lead, and dust. Discharge from the Project site to stormwater facilities would consist of non -point sources. Stormwater quality is generally affected by the length of time since the last rainfall, rainfall intensity, urban uses of the area, and the quantity of transported sediments. Typical urban water quality pollutants usually result from motor vehicle operations, oil and grease residue. The majority of pollutant loads are usually washed away during the first flush of the storm occurring after the dry season period. Due to the nature of the ANA 111 -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 38 55C -53 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street proposed Project, occurring within an existing developed area, Project impacts are not considered adverse. Therefore, impacts to water quality would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? The proposed widening of Bristol Street, as addressed herein, would not result in increased water consumption and would not deplete groundwater supplies. No impact to groundwater supplies would result from the proposed Project. No mitigation measures are necessary. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. c.) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off -site? The proposed Project would not alter the existing drainage pattern in the area. Storm drain improvements would include the relocation and/or construction of catch basins and lateral drainage lines as necessary. Therefore, implementation of the proposed Project would not result in a substantial erosion or siltation on- or offsite due to drainage alteration. No mitigation measures are necessary. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. d.) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off -site? Refer to response in 3.9 (c), above. The proposed Project would not result in a substantial increase in impervious ground surfaces, and therefore would not increase the rate or amount of surface runoff so as to create on- or off -site flooding. Impacts would not be greater than previously analyzed in the 1990 FEIS/EIR. ANA 111 -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PACE 39 55C -54 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17h Street Mitigation Measures No new additional mitigation measures are required. e.) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources ofpolluted runoff? Refer to response in 3.9 (c.), above. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. f.) Otherwise substantially degrade water duality? Refer to response in 3.9 (c), above. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. g.) Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? The proposed widening would not place any housing within a 100 -year flooding zone as mapped by the Federal Emergency Management Agency; therefore, no impact would result from the proposed Project in that regard. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. h.) Place within a 100 year flood hazard area structures which would impede or redirect flood flows? Refer to response in 3.9 (g.), above. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. L) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ANA 1 t t -334 (PER- 02 -01) crry OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 40 55C -55 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17' Street The proposed Project does not involve the development or placement of any structures, with exception of relocation of utility poles. Therefore, the Project would not expose people or structures to a significant flooding risk beyond that which already exists. No impact would result from the proposed Project. Mitigation Measures No new additional mitigation measures are required. j.) Inundation by seiche, tsunami, or mudflow? The Project site is located approximately 10 miles inland from the Pacific Ocean; therefore, the likelihood of tsunami impacting the site is minimal. The Project site and vicinity are highly urbanized and there is no unusual slope or geologic features in the area. The potential for seiche, tsunami, or mudflow impacting the Project site is less than significant. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measure No new additional mitigation measures are required. 3.10 Land Use and Planning This section corresponds with Section N - Environmental Consequences and Mitigation Measures, Subsection A - Landform Modification, of the 1990 FEIS /EIR. a.) Physically divide an established community? The proposed Project involves the widening of Bristol Street between Washington Avenue and 17"' Street; the proposed widening would not divide an established community. Although the proposed widening of Bristol Street within the Project limits would result in full acquisition of existing properties, the Project would not create a physical barrier to, or separate a community. The proposed Project would not introduce any significant land use impacts than previously analyzed. No significant impact would result from the Project implementation. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? According to the City of Santa Ana's General Plan, the Project area is designated General Commercial (GC). The zoning designation of properties within the Project area is Specific Plan (SP 1) which allows for ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 41 55C -56 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to I 7 Street a variety of land uses such as commercial, office, residential and open space as provided in the approved Specific Plan document. The proposed Project would not result in changes to the land use designation of the acquired parcels. The proposed Project is in compliance with the existing designation and would not create a new conflict. No significant impact is anticipated. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. c.) Conflict with any applicable habitat conservation plan or natural community conservation plan? The Project site is not a part of any habitat conservation plan, and is located within a highly urbanized area within the City of Santa Ana. The proposed widening would not conflict with any habitat conservation plan or natural community. No impact is anticipated. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.11 Mineral Resources This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection W - Consumption of Renewable and Non - Renewable Resources of the 1990 FEIS /EIR. a.) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? The Project site is currently developed and does not contain any areas that are utilized for the extraction of mineral resources. Furthermore, the proposed Project would not involve excavation that would likely identify previously unidentified mineral resources. No impact to mineral resources would result from the proposed Project. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The Project site is currently developed and is not delineated as a mineral resources recovery site by the City of Santa Ana General Plan. Implementation of the proposed Project would have no impact on the mineral resources and no mitigation measures are necessary. Impacts would be similar to those identified in the 1990 FEIS /EIR. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE42 55C -57 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to 17" Street Mitigation Measures No new additional mitigation measures are required. 3.12 Noise This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections I - Noise, and V - Construction Impacts of the 1990 FEIS /EIR. a.) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The proposed Project involves widening of Bristol Street between Washington Avenue and 17" Street in an area that consists primarily of residential uses with some commercial uses (Category C) on the east side of Bristol Street. Santa Ana College comprises the area on the west side of Bristol Street between Washington Avenue and 17 °i Street. As detailed in the Noise Study Report prepared by URS Corporation (2012c), noise abatement in the form of noise barriers, as originally presented in the 1990 FEIS /EIR, is not required for the Phase IIIB Project using current noise modeling methodology. Mitigation Measures No mitigation is required related to the operational (with- widening) phase of the Project; noise abatement in the form of noise barriers (sound walls) is no longer required based on the updated Project noise analysis. b.) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Refer to response in 3.12 (a.), above. During Project construction, noise associated with construction may intermittently dominate the noise environment in the immediate area of construction. As described in the Noise Study Report prepared by URS Corporation (2012c), typical construction equipment for roadway construction is expected to generate noise levels ranging from 74 to 89 decibels (dB) at a distance of 50 feet. However, no additional adverse noise impacts from construction are anticipated as construction would comply with the City of Santa Ana Municipal Code, which limits construction noise to the least noise sensitive portions of the day. Construction equipment would be properly fitted and maintained according to the manufacturer's specifications. Furthermore, construction noise would be short-term, temporary, and cease upon completion of the proposed Project. Impacts would be similar to those identified in the 1990 FEIS /EIR with implementation of mitigation measures, as identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 43 55C -58 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17� Street c.) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to response in 3.12 (a.) and (b.), above. Mitigation Measures No new additional mitigation measures are required. d.) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to response 3.12 (b.), above, for discussion regarding temporary noise impacts associated with Project construction. Mitigation Measures No new additional mitigation measures are required. e.) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The Project site is not located within an airport land use plan. The nearest airport is the John Wayne — Orange County Airport, located more than five miles from the proposed Project. No impacts would occur. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. f.) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Refer to response 3.12 (e.), above. The proposed Project is not located within the vicinity of a private airstrip. Mitigation Measures No new additional mitigation measures are required. 3.13 Population and Housing This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections L - Population, M - Housing Displacement, N - Business Displacement, O - Impacts on ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PACE44 55C -59 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17' Street Neighborhood Character and Minority Groups, and R - Effect on Assessed Property Values, of the 1990 FEIS/EIR. No take of residential parcels is proposed as part of this Project. a.) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? The proposed Project involves the widening of Bristol Street between Washington Avenue and 17"' Street, within a highly urbanized and built out area. The proposed Project is designed to accommodate the existing and future traffic volume and would not create significant numbers of new trips. 176' Street and Washington Avenue function at acceptable levels of service and, as such, are not expected to be significantly impacted to an unacceptable level of service by any additional traffic generated from the proposed Project. The proposed widening would not result in additional impact. impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? A Final Relocation Impact Study was prepared by URS Corporation (201 lb) to identify potential impacts on residential and non - residential occupants as a result of the proposed Project. The parcels identified for acquisition are defined as distinct locations where residential and non - residential displacement could occur along the Project alignment. A total of 14 parcels (as listed in Table 1) would be fully acquired as a result of the proposed widening of Bristol Street between Washington Avenue and 17t" Street (refer to Figure 4 [Property Acquisitions] for the locations of affected properties). More specifically, the proposed Project, and associated right -of -way, would result in the full acquisition, by the City of Santa Ana, of five single - family residential parcels; two parcels representing commercial uses; seven parcels characterize as consisting of office -type use; and one vacant parcel. Vacancy rates within the Project vicinity for residential space ranges between 5.0 — 8.0 percent (URS Corporation, 201 lb). Since comparable relocation properties appear to be available in the metropolitan Santa Ana area in sufficient quantity, the need to provide replacement housing would not be triggered as a result of implementing the proposed Project. impacts would be similar to those identified in the 1990 FEIS /EIR. Project- related acquisitions would comply with policies pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as implemented by the City of Santa Ana, Mitigation Measures No new additional mitigation measures are required. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (1]/25/2013 REV2) 132897 CM PAGE 45 55C -60 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17°i Street c.) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Refer to response 3.13 (b.), above. Prior to displacement, residential and non - residential displacees would be presented with information regarding comparable replacement properties that are available within the last six months for rent, lease, or purchase regardless of race, color, religion, sex or national origin, and would be consistent with the requirements of Title VI of the Civil Rights Act of 1968. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.14 Public Services This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections P - Impacts on Community Facilities, and V - Construction Impacts of the 1990 FEIS /EIR. a.) Fire Protection? The proposed Project includes the widening of the existing Bristol Street and no increase in demand for fire protection services would occur with implementation of the proposed Project. Furthermore, the proposed Project would result in positive impacts as a result of greater congestion relief and increased mobility in the vicinity for motor vehicles including emergency vehicles. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Police Protection? Refer to response for Section 3.14 (a.), above. The proposed Project would reduce congestion and traffic idling times, and therefore, increase mobility of emergency vehicles, including police vehicles. The proposed Project would not result in the need or increase the demand for police services in the area. Mitigation Measures No new additional mitigation measures are required. c.) Schools? No schools would be impacted by the proposed Project and no school services would be affected by the proposed Project (see response to Section 3.8 (c.), above, for information regarding schools in the vicinity of the Project). While Santa Ana College is within the Project limits, the street widening has been ANA 111 -334 (PER- 02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 46 55C -61 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17`" Street designed such that the Project would not require acquisition of land from the school property. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Parks? There are no parks within the Project limits, and no park services would be increased or impacted as a result of the proposed Project. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. e.) Otherpubliefacilities? The proposed Project entails the widening of Bristol Street between Washington Avenue and 17s' Street, and would not generate demands for public facilities. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.15 Recreation This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection P - Impact on Recreational Facilities, of the 1990 FEIS /EIR. a.) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The proposed Project involves the widening of Bristol Street between Washington Avenue and 17`" Street within a highly urbanized and built -out area in the City of Santa Ana; the widening of Bristol Street would not induce growth, nor create demand for recreation- related services. Furthermore, the proposed Project would not result in the physical deterioration of recreational facilities. No mitigation measures are required with regards to recreational resources. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 47 55C -62 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street b.) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Refer to response 3.15 (a.), above. The proposed Project does not include, nor would it require, construction or expansion of recreational facilities. Therefore, no adverse physical impact on the environment would occur from such facilities as a result of the proposed Project. No mitigation measures are required. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.16 Transportation /Traffic This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections U - Impacts to Transportation Facilities, and V - Construction Impacts of the 1990 FEIS /EIR. As stated in Section 1.0, the proposed Project eliminates the dedicated eastbound right -turn lane and proposes a shared right -turn lane in its place at the intersection of Bristol Street and 17"' Street. a.) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit. The proposed Project is consistent with the applicable plans, ordinances and policies establishing measures of effectiveness for the performance of the circulation system as described in the 1990 FEIS/EIR. The widening of Bristol Street was designated in the Orange County Master Plan, and was recommended in the Bristol Street Corridor Study — Final Report prepared by Mohle, Grover & Associates (1983). It was also recommended in the Arterial Highway Element — Santa Ana Element — Santa Ana Transportation Corridor State II Alternative Analysis prepared by Parsons, Brinckerhoff, Quade and Douglas, Inc. (1983). The proposed widening is also consistent with the recommendation found in the Intercity Liaison Committee — Five -Year Transportation Study Update to 1990 prepared by Basmaciyan- Darnell, Inc. (1985). Furthermore, the proposed Project would improve traffic operations through the Project corridor. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. b.) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? ANA 111 -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 48 55C -63 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17" Street The proposed Project would result in an improvement to Bristol Street from Washington Avenue to 17 °i Street. Within the Project limits, Bristol Street would be widened from four to six lanes. The proposed Project eliminates the dedicated eastbound right -turn lane and proposes a shared right -turn lane in its place at the intersection of Bristol Street and 17" Street; elimination of this right -turn lane would not result in a reduction in level of service as evaluated in the 1990 FEIS /EIR. The Project would result in improved traffic flow and LOS along the roadway; therefore, the proposed Project would not cause the County congestion agency's LOS standards to be exceeded. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. c.) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The closest airport to the site is John Wayne — Orange County Airport, located more than five miles southeast of the Project site; the proposed Project would have no impact on air traffic patterns. The proposed Project would not introduce any new risks or increase risks. hnpacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (eg., farm equipment)? The proposed Project would improve the traffic flow along Bristol Street from Washington Avenue to 17`1' Street, and would not create any sharp curves or other incompatible uses. The proposed Project would not create any significant hazards beyond what was previously analyzed. hnpacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. e.) Result in inadequate emergency access? The proposed Project would improve traffic operations along Bristol Street in the long -term. During the construction phase traffic flow along Bristol Street within the Project limits could be temporarily affected, including the mobility of emergency vehicles; however, access, including two -way travel would be maintained through the Project corridor during construction. Traffic control plans would be prepared prior to construction to facilitate traffic movement through the Project corridor during construction. Although ANA t11 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 49 55C -64 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17' Street the proposed Project may interfere with emergency access in the short-term, it would improve emergency access once the Project is completed. The proposed Project would not result in impacts to emergency access beyond those previously identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. f.) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety ofsuch facilities? The proposed Project would not conflict with any alternative transportation plan, and would increase safety associated with improvements to the traffic operations through the Project corridor. The proposed Project would not result in impacts greater than as described in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.17 Utilities and Service Systems This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections S - Effect on Utilities, and V - Construction Impacts of the 1990 Final EIS /EIR. a.) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The proposed Project would not generate wastewater. No new significant impact is anticipated. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. b.) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The proposed road widening Project would not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities. The existing sewer and water lines beneath Bristol Street would not be relocated. No new significant impact is anticipated. Impacts in this regard would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 50 55C -65 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street c.) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The proposed Project would not substantively affect runoff volumes in the area. Rather, the Project would improve existing drainage flow by constructing properly designed curb and gutter along the edges of Bristol Street. No new significant impact is anticipated. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The proposed Project entails the widening of Bristol Street between Washington Avenue and 17a' Street; such improvements would not result in any increase in water demand/consumption. Landscape improvements, if applicable, would not require any new or expanded water entitlements. The proposed Project would not create any new significant environmental impact. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. e.) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Refer to response 3.17 (a.) and (b.), above. The proposed roadway widening Project would not result in an increase in wastewater production. No new significant impact is anticipated. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? The proposed Project would generate construction waste on a short -tern basis. Construction waste that cannot be recycled would be taken to available landfills. The predominant receiving landfill for the City is the Frank R. Bowerman Sanitary Landfill at 11002 Bee Canyon Access Road in Irvine. The landfill, which is owned and operated by the Orange County Integrated Waste Management Department, opened ANA 111 -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE, 51 55C -66 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17`" Street in 1990 and is scheduled to operate until approximately 2022. The facility has adequate landfill capacity to serve the proposed Project and no new significant environmental impact would result from the Project implementation. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. g.) Comply with federal, state, and local statutes and regulations related to solid waste? The proposed Project would comply with all applicable federal, state, and local statutes and regulations related to solid waste. The Project would comply with the City of Santa Ana's established reduction, reuse, and recycling programs. No new significant solid waste impact would result from the proposed Project. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. 3.18 Mandatory Findings of Significance Based on this Addendum, the proposed Project has not substantially changed in regard to the setting, design, impacts, and mitigation measures as described in the 1990 FEIS /EIR. New circumstances or new information, including any new or revised environmental laws, regulations, or policies have not modified the impacts of the proposed Project. a.) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The proposed Project would not result in impacts beyond those identified in the 1990 Final EIS /EIR in this regard, and does not have the potential to degrade the environment, reduce the habitat of a fish or wildlife species, threaten plant or animal communities, reduce or restrict endangered plant or animal species or eliminate important examples of major periods of California history or prehistory. b.) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects ofprobable future projects) ? Given the nature and scope of the proposed Project, and in consideration of mitigation measures that are included in the 1990 FEIS /EIR, the Project would not involve impacts that are cumulatively considerable. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 52 55C -67 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17� Street c.) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Construction - related activities are anticipated to have some relatively minor, temporary impacts which can be mitigated with implementation of measures included in the 1990 FEIS /EIR. Furthermore, potential long -term (operational) impacts would be reduced to less than significant levels through implementation of required mitigation measures. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 53 55C -68 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17' Street 4.0 REFERENCES The following references were utilized for the preparation of this Addendum. Basmaciyan- Darnell, Inc. 1985. Intercity Liaison Committee — Five -Year Transportation Study Update to 1990. California Department of Transportation (Caltrans). 2012. Noise Study Report — Bristol Street Widening Phase III Civic Center Drive to Seventeenth Street. March 2012. Mohle, Grover & Associates. 1983. Bristol Street Corridor Study — Final Report. Parsons, Brinkerhoff, Quade, and Douglas, Inc. 1983. Arterial Highway Element — Santa Ana Element — Santa Ana Transportation Corridor State II Alternative Analysis. Santa Ana, City of 2010. City of Santa Ana General Plan. Adopted September 1982 (with updates and reformatting through January 2010). . 2013. City of Santa Ana Website: www.ci.santa- ana.ca.us. Accessed November 2013. . 2013b. 17 "' St. at Bristol St. EB Right Turn Pocket Future LOS Calculation Memorandum. November 25, 2013. Southern California Association of Governments (SCAG). 2008. Orange County RTIP, Project Listing Report. Accessed at: www.seag.ca.gov. URS Corporation. 2010a. Traffic Impact Analysis — Bristol Street Widening Project Phase III Civic Center Drive to Seventeenth Street. September 2010. . 2010b. Community Impact Assessment — Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). October 2010. . 2011a. Natural Environment Study (Minimal Impacts) — Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). April 2011. . 201 lb. Final Relocation Impact Statement — Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). November 2011. . 2012a. Historic Resources Evaluation Report — Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). September 2012. . 20t2b. Air Quality Conformity Analysis — Bristol Street Widening Project Civic Center Drive to 17`h Street (Phase III). November 2012. . 2012c. Noise Study Report — Bristol Street Widening Project Civic Center Drive to 17'h Street (Phase III). March 2012. . 2013a. Air Quality Assessment Report — Bristol Street Widening Project Civic Center Drive to 17`h Street (Phase III). January 2013. ANA Ill -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 54 55C -69 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17°i Street 2013b. Initial Site Assessment —Bristol Street Widening Project Civic Center Drive to 17`n Street (Phase III). March 2013. Wildan Associates. 1990. Final Environmental Impact Statement, Proposed Widening of Bristol Street from Warner Avenue to Memory Lane, in the City of Santa Ana. 1990. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 55 55C -70 ENVIRONMENTAL IMPACTREPORTADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to 17°i Street FG 1;j» zIQ0 14F-, MM III aI= 1 III ILIkIFGM-1III] I*]Idl1131 ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE, 56 55C -71 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street Modified Initial Study Checklist The following Modified Initial Study Checklist is based on the California Environmental Quality Act (CEQA) Initial Study Checklist. It is modified to evaluate the proposed Project changes for which environmental impact reports /statements have previously been completed to assist in the determination of the need for supplemental environmental documents, in this case, a Subsequent or Supplemental EIS /EIR or an Addendum under Public Resources Code 21166 and Guideline Sections 15162, 15163, and 15164, respectively. For purposes of this study, references to "the proposal" in the left hand column questions refer to the modifications to the Project (proposed Project) as compared the Project improvements evaluated in the 1990 FEIS /EIR. The first four columns to the right of the modified checklist questions identify whether the proposed Project changes would result in new impacts, and if so whether these impacts would be less than significant, less than significant after mitigation, or significant. The fifth column asks whether or not the impacts associated with Project changes, if any, were sufficiently disclosed in the previous environmental documents (Not Addressed). Finally, the last column indicates whether or not a Subsequent or Supplemental EIR is needed. Moreover, a Subsequent or Supplemental FIR would be needed if there were new significant unmitigated or substantially more severe impacts which would result from the Project changes and which were not sufficiently disclosed in the previous environmental documents. Discussion in support of the conclusions indicated on the checklist is provided in Chapter 3. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 57 55C -72 ENVIRONMENTAL IMPACTREPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17'" Street MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/200 REV2) 132897 CM PAGE 58 55C -73 New Impacts of Proposed Previous FEISIEIR -. Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant- Significant Disclosed? Supplemental EIR .'Impact- After Impact - Required? Mitigation 1. AESTHETICS. Would the project. a) Have a substantial adverse effect on a X scenic vista? YES NO b) Substantially damage scenic resources, X N/A NO including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual X YES NO character or quality of the site and its surroundings? X YES NO d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? 2. AGRICULTURAL RESOURCES. - Would the project: a) Convert Prime Farmland, Unique X N/A NO Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for X N/A NO agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or X N/A NO cause rezoning, of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X N/A NO d) Result in the loss of forest land or conversion of forest land to non - forest use? e) Involve other changes in the existing X N/A NO environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation X YES NO of the applicable air quality plan? b) Violate any air quality standard or X YES NO contribute substantially to an existing or projected air quality violation? ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/200 REV2) 132897 CM PAGE 58 55C -73 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17°i Street MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 59 55C -74 New Impacts of Proposed Previous FEISIEIR Project Changes - No Impact less Than Significant less Than Significant Potentially Significant Impacts Disclosed? Subsequent or Supplemental EIR Impact After Mitigation Impact Required? c) Result in a cumulatively considerable X YES NO net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to X YES NO substantial pollutant concentrations? e) Create objectionable odors affecting a X YES NO substantial number of people? 4. BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either X YES NO directly or through habitat modifications, on any species identified as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on X YES NO any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on X YES NO federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the X YES NO movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or X YES NO ordinances protecting biological resources, such as a tree preservation policy or ordinance? ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 59 55C -74 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase 111B — Washington Avenue to 17'" Street MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PE &02 -01) CITY OF SANTA ANA (tl/25/2013 REV2) 132897 CM PAGE 60 55C -75 New Impacts of Proposed Previous FEIS /EIR Project Changes No Less Than less Than Potentially Impacts Subsequent or Impact J significant Significant Significant Disclosed? Supplemental EIR Impact After impact Required? Mitigation f) Conflict with the provisions of an adopted X YES NO Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in X YES NO the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in X YES NO the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique X YES NO paleontological resource or site or unique geologic feature? d) Disturb any human remains, including X N/A NO those interred outside of formal cemeteries? 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as X YES NO delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X YES NO iii) Seismic - related ground failure, including X YES NO liquefaction? iv) Landslides? X YES NO b) Result in substantial soil erosion or the X YES NO loss of topsoil? ANA 111 -334 (PE &02 -01) CITY OF SANTA ANA (tl/25/2013 REV2) 132897 CM PAGE 60 55C -75 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street MODIFIED INITIAL STUDY CHECKLIST ANA 111334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 61 55C -76 New Impacts of Proposed Previous FEIS/EIR - Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant 'Significant Disclosed ?. Supplemental EIR. Impact After Impact Required? Mitigation c) Be located on a geologic unit or soil that X YES NO is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined X YES NO in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately X N/A NO supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, X NO NO either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy X NO NO or regulation adopted for the purpose of reducing the emissions of greenhouse gases? 8. HAZARDS. Would the project. involve: a) Create a significant hazard to the public X YES NO or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public X YES NO or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle X N/A NO hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included X YES NO on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e For a project located within an airport X N/A NO ANA 111334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 61 55C -76 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB— Washington Avenue to 17" Street MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (I 1/2S/2013 REV2) 132897 CM PAGE 62 55C -77 New Impacts of Proposer! Previous FEISIEIR Project Changes No Less Than Less Than Potentially. Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR - Impact' .After 'Impact Required? Mitigation land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a X N/A NO private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically X YES NO interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a X N/A NO significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 9. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or X YES NO waste discharge requirements? b) Substantially deplete groundwater X YES NO supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage X YES NO pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off -site? ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (I 1/2S/2013 REV2) 132897 CM PAGE 62 55C -77 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street MODIFIED INITIAL STUDY CHECKLIST ANA It 1-334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 63 55C -78 New Impacts of Proposed Previous FEIS /EIR Project Changes - No Less Than Less Than Potentially. Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation X YES NO d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off -site? X YES NO e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water X YES NO quality? g) Place housing within a 100 -year flood X YES NO hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard X YES NO area structures which would impede or redirect flood flows? i) Expose people or structures to a X YES NO significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X N/A NO j) Inundation by seiche, tsunami, or mudflow? 10. LAND USE AND PLANNING. Would the project: X N/A NO a) Physically divide an established community? b) Conflict with any applicable land use X YES NO plan, policy, or regulation of an agency With jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X N/A NO c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ANA It 1-334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 63 55C -78 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17fh Street MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 64 55C -79 New Impacts of Proposed Previous FEIS /EIR Project Changes - No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR - Impact After Impact Required? Mitigation 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a X YES NO known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a X YES NO locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 12. NOISE. Would the project result in:. - - a) Exposure of persons to or generation of X YES NO noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of X YES NO excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in X YES NO ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic X YES NO increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport X N/A NO land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 64 55C -79 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIS — Washington Avenue to 17'h Street MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 65 55C -80 New Impacts of Proposed Previous FEWER - Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact - After Impact Required? Mitigation f) For a project within the vicinity of a X NIA NO private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in X YES NO an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing X YES NO housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, X YES NO necessitating the construction of replacement housing elsewhere? 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? X YES NO b) Police protection? X YES NO c) Schools? X YES NO d) Parks? X YES NO e) Other public facilities? X YES NO 15. RECREATION a) Would the project increase the use of X YES NO existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 65 55C -80 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB- Washington Avenue to I 7 Street MODIFIED INITIAL STUDY CHECKLIST ANA I11-334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 66 55C -81 New Impacts of Proposed Previous FEIS /EIR - Project Changes — No Less Than Less Than Potentially. Impacts Subsequent or Impact Significant Significant Signifcant Disclosed? Supplemental EIR Impact Aker .Impact Required? Mitigations X YES NO b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? 16, TRANSPORTATION /TRAFFIC Would the project: a) Conflict with an applicable plan, X YES NO ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion X YES NO management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X NO NO c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a X YES NO design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X YES NO access? X YES NO f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? 17. UTILITIES AND SERVICE SYSTEMS. Would the project: X YES NO a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ANA I11-334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 66 55C -81 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17' Street MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 67 55C -82 New Impacts of Proposed Previous FEIS /EIR Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Slgnlflcant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation b) Require or result in the construction of X YES NO new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of X YES NO new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available X YES NO to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the X YES NO wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient X YES NO permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local X YES NO statutes and regulations related to solid waste? 18. MANDATORY FINDINGS OF SIGNIFICANCE. Responses to the following questions are discussed in Chapter 3. a) Does the project have the potential to X YES NO degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are X YES NO individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 67 55C -82 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to 17� Street MODIFIED INITIAL STUDY CHECKLIST ANA 111334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 68 55C -83 New Impacts of Proposed ..Previous PEIS/EIR Project Changes No Less Than Less Than .Potentially Impacts 'Subsequent or .Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact ': Required? Mitigation projects, and the effects of probable future projects)? c) Does the project have environmental X YES NO effects which will cause substantial adverse effects on human beings, either directly or indirectly? Note: N/A = Not applicable 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated ", describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. Responses to this section are discussed further in Chapter 3. ANA 111334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 68 55C -83 55C -84 Right of Way Process • Coalition to provide a list of the owners /businesses that are proposing to move forward with the Coalition plan. All parties to sign a statement regarding their choice to be part of the Coalition rather than individual relocation. • Need to update /prepare appraisal reports for the following. It is crucial for the appraisers to have access to the sites and requested information to ensure the City can make the best offer for each: • Acquisition • Furniture, Fixtures & Equipment • Relocation This process may take several months to complete. Planning Process • Submit and complete Site Plan Review • Submit Discretionary Action — Planning Commission • Variance(s) and tentative subdivision map • Planning Commission Public Hearing on discretionary actions • City Council consent items for discretionary actions • Final Subdivision Map approved by Public Works Development Mitt 55C -86 CITY RESPONSE TO COALITION'S LIST OF CONCERNS DATED 4 -21 -14 1. Two (2) week extension for item to be placed on City Council agenda on May 20, 2014. A two week delay of the item may result in an additional 30 days in beginning discussions for the new site plan design. Any update of the appraisal reports for the properties will take 90 days. Additional appraisals for relocation, moving expenses and furniture, fixtures & equipment (FF &E) will require additional time. 2. City to submit legally binding offer by April 25, 2014 with a minimum ten (10) business day period for consideration by business owners. Offers were prepared for each property and were submitted to each owner back in October 2013. A revised offer package will be submitted within 90 days of resolution of the policy decisions. The following conditions were discussed with the city attorney's office and are consistent with City efforts on prior projects. These conditions of any agreement would facilitate relocation to a new development site: a) Acquisition of each Coalition site will be individually negotiated between the property owner and the City. Upon completion of the acquisition, the property owner would become a tenant of the City until construction of the replacement site is complete. b) The revised offer to Coalition members shall include acquisition, relocation, FF &E, and moving. c) Purchase of the relocation site will be by an entity established by the Coalition members. This entity would have exclusive right to purchase remnant parcels associated with the new development site for 6 months from the date City takes possession of these parcels. d) The price per square foot of the new development site shall be determined via appraisal prepared by a licensed appraiser. e) Purchase of the City property is contingent on agreement of all the Coalition members. 3. Infrastructure credits Water and sewer capacity fees are credited to relocations based on capacities that are traded. The remnant parcel left behind for a new developer would pay full capacity fees. 4. Business owners are to retain their existing property tax base. Property tax issues and increases are not at City's jurisdiction. There are outlined in the Revenue and Taxation code. Please note these links below and consult your tax consultant: http: / /www.boe.ca. ov /law ug ides /property /current /tltlg /rt/68.html hitp:Hoegov.com/gov/assessoL/prograrns/darnages EXHIBIT 6 55C -87 5. Expedited permits and associated city fees credited for new development Any discussion of expedited permits would be part of the planning process. The need would be based on the timing of site plan review vs. availability of the relocation properties. There is a process in which fees to expedite plan reviews can be paid. The fees are used to cover the use consultants. The waiving offees would be a decision for City Council. 6. The City is to issue variances for each business with respect to parking, building setback an d landscaping requirements. Any variances would be part of the planning process. The City can't proactively waive specific requirements ahead of the process. 7. Phased construction with owners allowed remaining in their existing structures and business operation to continue until new development is complete. Agreed. As part of any settlement agreement, it is the intent of the City to keep the businesses open as long as possible. To this end, the businesses may remain at their current locations until completion of the City's construction project. The new development would need to be complete by then. This is assuming that the private development which is completely out of the city's control proceeds in a diligent manner. 8. The architect, engineer and construction /design professionals are to remain the choice of the business owners. Agreed. As part of any settlement agreement, the new development site would be sold by the City to the entity created by the Coalition for the purpose of developing the relocation site. Control of any professional services related to the new development site would be the sole responsibility of the Coalition. Coalition members are encouraged to employ professional architectural /engineering professionals that are familiar with City's standards and processes to ensure a quality and timely project. 9. Design control of individual properties to remain with the business owner. As stated previously, the new development site would be sold to the Coalition by the City in order to effectuate the relocation of the businesses. Coalition members will have control of the new development site as well as its associated design. This design must comply with all City standards and all applicable codes and regulations. Project must go through the planning process. 55C -88 Correspondence 55C -89 Washington Square NEIGHBORHOOD ASSOCIATION a 501(c)3 Corporation www.washington- square.org P.O. Box 4435, Santa Ana CA 92702 February 26, 2014 Distribution list: Mayor Miguel Pulido, Santa Ana City Council Members, City Manager, Public Works Director, Bristol Widening Project Manager Our historic Washington Square Neighborhood has waited for a long time for the widening of Bristol along our west- ern border. The amendment to the EIR that has been twice postponed for a vote does not adequately address the scope of the needs of the public in general and residents of Washington Square in particular. We have identified the following four issues: 1. Proposed "Visibility Wall" is not high enough. 2. Bristol /Washington Intersection needs widening and reconfiguration to accommodate traffic flow and mitigate serious safety issues. 3. "Full Take" plan should NOT be modified to ensure vehicular and pedestrian safety on the east side of Bristol from Washington Ave. to 17th Street 4. Blighted Vacant lot (City- Owned) at NE Corner Washington and Bristol needs rernediation sooner rather than later. Here are our concerns and recommendations regarding these issues: ISSUE 1: We believe the current proposal is for an eight -foot wall. We request a ten -foot wall instead. An eight -foot wall is two feet too short to protect Louise Street residents behind it from the noise and pollution increase resulting from the addition of two more lanes of traffic on Bristol. Current residents of Louise, particularly those in the homes behind the Chevron Station and In `N Out Burger, live with the constant problem of noise and people throwing trash or jumping over the existing wall /fence into their yards. An eight -foot wall is too easy to scale and throw stuff over. ISSUE 2: The intersection of Bristol and Washington is a huge problem and this will be our only opportunity to correct it. This intersection is the main entry and egress from our neighborhood. As it is, it is narrow, dangerous and inadequate to handle trajJic flow The following are needed to mitigate the traffic situation: Left Turn Arrow to allow vehicles southbound on Bristol to turn east onto Washington. Routinely, northbound Bristol cars run the light, putting left - turners, who are in middle of the intersection, in danger. 'there have been numerous accidents as a result, some resulting in fatalities. Right Turn Lane for vehicles Westbound on Washington who need to go north onto Bristol allowing them to turn right on the red light. As it is, vehicles continuing west on Washington block those needing to turn right until the light changes. That green light is very short. Vehicles are backed up one to three blocks in mornings and afternoons with traffic going to and from Wilson School and in the early morning and late afternoons when people are going to and coming from work. The City owns the vacant lot on the northeast corner of Washington and Bristol. A portion of this space should be used as a designated right turn lane which would alleviate the problem. (In the meantime, if the green light were longer, it would help.) Even more important is the issue ofsafety in the event of emergency. Drivers are unable to get out of the neighborhood and emergency vehicles will have trouble getting in and out if this problem is not fixed! Widening Bristol provides the opportu- nity to do so and it should not be missed! 55C -90 Letter to City of Santa Ana February 28, 2014 Page 2 ISSUE 3: In terms of modifying the plan in a way that allows the Bristol Street Coalition businesses to stay on their properties, we believe this is very unwise and urge you not to reduce the width of the Bristol as planned. Leaving the buildings means narrow sidewalks, reduced plantings, and is just bad planning. Increased risks to vehicles, bicyclists and pedestrians alike, and may leave the City open to liability when accidents occur. No matter how Bristol is configured, these existing structures will be too close to the street and would create a safety hazard for vehicles coming and goingfrom their properties. In addition, there is a lot of foot and bicycle traffic along Bristol, much from Santa Ana College. Not doing a "full- take" puts pedestrians and cyclists on a crowded sidewalk that is too narrow, too close to the street, with no room for a buffer. From an aesthetic and historical point of view, the plan to remove the buildings allows future development that will be consistent and complimentary in appearance with the revisions done by Santa Ana College across Bristol and the newer buildings at the corner of 17th and Bristol. There is nothing of architectural distinction or historical significance about the businesses'buddings that wouldjustify their preservation. Leaving them in place leaves no room for landscaping along the stretch of Bristol either. We want that part of the street to finally look attractive and we think the City wants that too! Ideally we would like the edge of our neighborhood to look like the beautifully landscaped and lighted area on South Bristol. We are sympathetic to the owners of these businesses. They have made their living by providing professional services in the City of Santa Ana for many years and we applaud them for it. We hope that the City will provide them generous assistance in relocation, preferably within Santa Ana. ISSUE 4: The former H. Salt site on the North corner of Washington and Bristol. Washington Square waited patiently for years while toxic soil abatement was conducted because a gas station was once on the site. The City continuously spends a lot of money to maintain the chain -link fencing and green wrapping around the lot. It is regularly breached, torn, and graffitied. We have been told that it will be remediated when the widening occurs. But it looks like that is going to be later rather than sooner. This is fiscally unwise for the City and really unfair to us! The lot is a major entrance to our neighborhood; it looks terrible and negatively affects our property values. We urgently request The City to remove the fencing clean up the lot, and create a clean open space with grass and landscaping This would be a huge improvement and will solve the problem of people jumping the fence and doing as they please, shielded from view by the wrapped fencing. Please reply to this e- letter to let us know you have read it. You will have overwhelming support from Washington Square resi- dents to implement these actions and changes. Please send your response to these issues and your ideas of how we can work together to solve these problems. Sincerely, Bristol Street Widening Ad Hoc Committee Washington Square Neighborhood Association an all volunteer 501(c)(3) in Santa Ana, California 55C -91 55C -92 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO CHANGE ONE FULL -TIME JOB TITLE FROM SENIOR TRAFFIC ENGINEER TO SENIOR TRANSPORTATION ENGINEER TO REFLECT ACTIVE TRANSPORTATION AND MOBILITY DUTIES CITY MAXAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended Ea As Amended n Ordinance on I" Reading [[]] Ordinance on 2nd Reading El implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution that amends the City's Basic Classification and Compensation Plan (Resolution No. 82 -110) to change one full -time Job classification from Senior Traffic Engineer to Senior Transportation Engineer title so the duties reflect active transportation and mobility needs, In keeping with the City's desire to improve travel safety and choices for the Santa Ana community, including motorists, bicyclists, transit operators and users, and pedestrians of all ages and abilities, the Interim Executive Director of Public Works proposes to change one full -time classification title from Senior Traffic Engineer to Senior Transportation Engineer. This title change will accurately reflect the duties and responsibilities to be performed in relation to complex traffic engineering and transportation planning work which will include leading the City's traffic safety and Complete Streets efforts. There is no change in compensation recommended relating to this change is classification title. FISCAL IMPACT There is no fiscal impact associated with this action. V Edward S. Rayb Executive Director Personnel Services Agency 55D -1 55D -2 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82 -110 TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN TO CHANGE ONE FULL TIME CLASSIFICATION TITLE FROM SENIOR TRAFFIC ENGINEER TO SENIOR TRANSPORTATION ENGINEER TO REFLECT ACTIVE TRANSPORTATION AND MOBILITY DUTIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82 -110 revising and re- establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. In keeping with the City's desire to improve travel safety and choices for the Santa Ana community, including motorists, bicyclists, transit operators and users, and pedestrians of all ages and abilities, the Interim Executive Director of Public Works proposes to change one full time classification title. This title change will accurately reflect the duties and responsibilities to be performed in relation to complex traffic engineering and transportation planning work which will include leading the City's traffic safety and Complete Streets efforts. D. It is the City's practice to assign job titles that accurately reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure. E. It is now desired to amend Council Resolution No. 82 -110, as amended, in order to effect this change. Section 2: That Section 3 of Resolution No. 82 -110, as amended, is hereby further amended by changing the following existing classification title at no change to the seven -step salary rate range currently assigned: From Senior Traffic Engineer 55D -3 To Senior Transportation Engineer Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 82 -110, as amended, shall remain in full force and effect. Section 4: That this Resolution shall be operative from and after its date of adoption. ADOPTED this 61h day of May, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -_ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55D -4 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED STREETCAR ENVIRONMENTAL REVIEW El El Recommended PLAN AND COST PARTICIPATION BY El Amended Or ❑ Ordinance on 1" Reading THE CITY FOR STREETCAR ❑ Ordinance on 2ntl Reading OPERATIONS El Implementing Resolution ❑ Set Public Hearing For :1;�� i� CITY MANAGER RECOMMENDED ACTION Staff recommends that the City Council: CONTINUED TO FILE NUMBER Approve the Environmental Review and Public Outreach Plan. 2. Adopt a Resolution of Financial Support for Streetcar Operations in the amount of 10 percent annually when operations begin in 2019 or thereafter. 3. Concur with the Orange County Transportation Authority (OCTA) that they become the lead agency to advance the streetcar project to design, construction, and operations upon approval of the environmental phase. 4. Designate the City Manager as the Project Director and City authority to interact and provide direction to OCTA and to all related consultants. DISCUSSION Approval of the Environmental Review Plan and Public Outreach Plan as shown in Exhibit 1 would provide staff with clear direction on how to best complete the project's environmental planning phase, which is necessary to establish project readiness. The City has encouraged full participation by the community, and the plan emphasizes an open and transparent public review process to obtain local input and ensure City and community readiness for the streetcar. Adoption of the attached Resolution shown as Exhibit 2 would help propel the project to the design and delivery phase by providing Santa Ana's financial commitment for streetcar operations. That commitment is important for the Orange County Transportation Authority (OCTA) to formalize the project financial plan so that it can be advanced to design and construction. Concurrence with the OCTA on becoming the lead agency for advancing the project will provide the best option for successful delivery, since the OCTA is best suited and has the expertise to serve as the project lead in the design, construction, federal grantee sponsor, lead contact, owner, and operator of regional transportation projects including the streetcar. A letter to the OCTA expressing such concurrence is shown in Exhibit 3. 55E -1 Streetcar Environmental Review Plan and Cost Participation by the City for Streetcar Operations May 6, 2014 Page 2 The OCTA Go Local Program was initiated in 2006 as a process to provide transportation options which are conceived at the local level. That program is a partnership between OCTA and local agencies, and the process was anticipated to foster local transit connectivity and extend the reach of Metrolink. In addition, the process was a competitive one between local agencies to help identify the best projects for funding consideration. In 2007, the City of Santa Ana's streetcar project was one of two selected to proceed to a Step I Feasibility Study which was completed in 2007. The streetcar was proposed as a partnership between the Cities of Santa Ana and Garden Grove. While the project has been officially identified as the Santa Ana - Garden Grove Fixed - Guideway, it is more easily recognized as simply the "Streetcar." Although that partnership still exists today and is part of the project's planning and environmental review, it is anticipated that the partnership will transform into a regional one as the project moves through delivery and operations. In fall 2009, OCTA and the City authorized development of an alternatives analysis and a draft environmental impact report (DEIR). That effort received financial support by the City of Santa Ana for approximately $1.1 million. Today, the project's planning is nearly complete. The needs assessment was completed and accepted by OCTA before the alternatives analysis and environmental documents were prepared by the City's consultants. Those documents have been reviewed by City staff. The attached memo from the project team to the City Manager, as shown in Exhibit 4, confirms completion of alternatives analysis and DEIR. The City Manager will transmit the documents including a statement of legal sufficiency to the OCTA via a letter shown in Exhibit 5. Upon submittal, OCTA will also perform a final review and, thereafter, transmit the document to the Federal Transit Administration (FTA). OCTA and the City anticipate that FTA will take two to three weeks for its review, but there is no guarantee of that, and the FTA review could take even several months. Nonetheless, the Environmental Review and Public Outreach Plan is ready, and staff will immediately act upon it when the FTA releases the environmental documents for public review. COORDINATION WITH OCTA In parallel to the project planning and environmental review described above, preparations by the City and OCTA are taking place which will help advance the project to design and construction. The plan involves 1) confirmation of policy decision by the local agency and OCTA that the project can be best developed and delivered by OCTA; and 2) development and approval of a financial plan to commit design, construction, and operation /maintenance funds for the project. On May 5, 2014, the OCTA Executive Committee is expected to receive staff recommendations to: 55E -2 Streetcar Environmental Review Plan and Cost Participation by the City for Streetcar Operations May 6, 2014 Page 3 1. Direct staff to develop a proposed project implementation plan for the Santa Ana - Garden Grove Fixed - Guideway Project with OCTA serving as the lead agency. 2. Direct staff to develop a proposed financial plan to fund capital, operations, and maintenance of the Santa Ana - Garden Grove Fixed - Guideway Project that is consistent with the implementation plan, and maximizes the use of state and federal funding sources by leveraging Measure M2 revenues. The May 5, 2014 draft OCTA staff report to the Executive Committee is shown in Exhibit 6. Thereafter, the OCTA Board is anticipated to support the same at the May 23, 2014 meeting. CITY IMPLEMENTATION & FINANCIAL PLAN The City of Santa Ana's plan is in alignment with OCTA's plan. The City staff recommendation includes a request by the City that OCTA: 1) is best suited and has the expertise to serve as the project lead in the design, construction, federal grantee sponsor, lead contact, owner, and operator of the streetcar, and that the City, 2) Commit 10 percent funding (net of farebox) to the streetcar operations. A presentation with the above information was made to the Development and Transportation Council Committee on April 28, 2014. The meeting was attended by the City's environmental consultant and OCTA staff. The same presentation is being made to the City Council. FISCAL IMPACT There is no fiscal impact at this time related to the staff recommendations. The fiscal impact estimated to be $500,000 to $600,000 per year represents the City's share in the streetcar's operations when operations are estimated to begin in 2019. It is anticipated that the Measure M revenues would be reduced by this amount to cover the City's share. The economic activities associated with business and development growth resulting from this project will be significant, and the revenue generated from those activities will exceed the City's annual cost of participating in the streetcar's ow-ations. Edwin "William" Gall�z, P.E. Interim Executive Director Public Works Agency WG:Io Exhibits: 1. Environmental Review & Public Outreach Plan 2. Resolution of Financial Support 3. City Request to OCTA on Streetcar Lead and Financial Commitment 4. City staff memo confirming Environmental Document Completion 5. Transmittal Letter by City to 6. OCTA staff report to the ExeotC3nmittee 55E -4 ENVIRONMENTAL REVIEW PLAN & PUBLIC HEARINGS TIMELINE PLAN Days after Release 0--5 Notifications o File Notice of Availability with State Clearinghouse, send notices to interested agencies, notify residents, property owners, and businesses within 500 feet of the project, note the location where documents can be obtained /reviewed, and the date, time, and location of public meetings. 5-50 45 -Day Public Review Period • Conduct three (3) Public Meetings which will be held at three different locations (east end of the study area, center of the study area and west end of the study area) and at three different times (one weekday evening, one weekday morning and one weekend afternoon) for the convenience of the community and to provide multiple opportunities for their participation. • Public Hearing #1 @ Goodwill Industries Midweek evening approximately 10 days after release. • Public Hearing #2 @ Garfield CC or SARTC Weekend afternoon approximately 15 days after release. • Public Hearing #3 @ PD Community Room Midweek morning approximately 20 days after release. 50 -150 OCTA Board Milestone o Presentation by City of Santa Ana and OCTA staff to seek OCTA Board approval of the completion of the project's Draft Environmental document. Final EA(EIR Document Preparation • Following the close of the 45 -day public review, collect and compile all comments that have been received. • Prepare a documented response to each of these comments, modifying the EA /EIR where appropriate. • Compile the Final EA /EIR incorporating all modifications, comments, and responses into the administrative record of the EA /DEIR. This is necessary to ensure a legally defensible EA /DEIR. As the federal lead agency, PTA will need to review and approve all response to comments and modifications to the Final EA /EIR. City Council Adoption of Locally Preferred Alternative (LPA) City.Council Review /Certification of Final EIR OCTA Board Milestone o Presentation by OCTA / Santa Ana staff to OCTA Board seeking acknowledgement of EIR completion and direction for advancing the project into Project Development. Exhibit 1 55E -5 55E -6 RESOLUTION NO, 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA COMMITTING TO FINANCIALLY SUPPORT THE SANTA ANA - GARDEN GROVE STREETCAR PROJECT IN THE AMOUNT OF 10 PERCENT NET OF FAREBOX FOR THE COST OF STREETCAR OPERATIONS WHEREAS, the City of Santa Ana (City) is the fourth most densely populated city in the United States with a large transit- dependent population; and WHEREAS, the City of Santa Ana partnered with the City of Garden Grove to participate in the OCTA Go Local Program initiated in 2006 as a process to provide transportation options which are conceived at the local level; and WHEREAS, that partnership between the City of Santa Ana and the City of Garden Grove led to promoting the Santa Ana - Garden Grove Fixed Guideway, a transportation system referred to as the "Streetcar' project; and WHEREAS, in the fall of 2009, OCTA authorized development of alternatives analysis and a draft environmental impact report (DEIR); and WHEREAS, the Streetcar Project would provide "last mile" transportation for individuals traveling from the transportation hubs to employment and activity centers in the heart of Orange County, directly connecting Santa Ana travelers with many OCTA bus routes and the Garden Grove International West tourist corridor: and WHEREAS, the City supports the development of a cohesive and connected regional network between the City Santa Ana and the City of Garden Grove, and with the entire Orange County region; and WHEREAS, the Streetcar Project will serve Santa Ana's historic downtown area, including government offices; federal, state, and local courthouses; unique restaurants and shops; the artists' village, several colleges, and a variety of community enrichment organizations; and WHEREAS, the City Council of the City of Garden Grove resolved on January 28, 2014 to be a supporting partner of the Streetcar with Santa Ana and OCTA, and underlines its interest to participate in the Project as approval and funding is secured; and WHEREAS, the City has prepared an Alternatives Analysis which investigates possible transit options and identified three feasible alternatives that include a modern streetcar transit route from Santa Ana to Garden Grove; and Exhibit 2 Resolution No. 2014 - Page 1 of 3 55E -7 WHEREAS, the City has prepared a draft environmental impact report to investigate all impacts that could be attributed to the streetcar construction and operations; and WHEREAS, OCTA staff is recommending to their Executive Committee and to their Board to develop a proposed financial plan to fund capital, operations, and maintenance of the Streetcar Project that is consistent with maximizing the use of state and federal funding sources by leveraging Measure M2 revenues; and WHEREAS, adopting this Resolution would help propel the project to the design and delivery phase by extending Santa Ana's financial commitment for streetcar operations which is important for OCTA to formalize the project financial plan. THEREFORE BE IT RESOLVED AS FOLLOWS: The City Council of the City of Santa Ana commits to a ten percent (10 %) annual net of farebox financial participation in the Streetcar operations, estimated at $500,000 to $600,000 annually. 2. The City Council designates the City Manager as the Project Director and City authority to interact and provide direction to OCTA and to all related City consultants. ADOPTED this day of May 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Sandoval Chief Assistant City Attorney Miguel A. Pulido Mayor 55E -8 Resolution No. 2014 - Page 2 of 3 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. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55E -9 Resolution No. 2014 - Page 3 of 3 55E -10 MAYOR Migual A. Pulido MAYOR PRO TEM sal Tinalero COUNCILMEMSERS Angelica Amezcw P. David Benavides Michele Martinez Roman Rama Vincent F. Sarmienta May XX, 2014 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1985 M -21 Santa Ana, California 92702 vmw santa-ana om Darrell Johnson Chief Executive Officer Orange County Transportation Authority 600 South Main Street Orange CA, 92863 Dear Mr. Johnson, CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Cmvalho CLERK OF THE COUNCIL Mane D. Huizar As you are aware, the Cities of Santa Ana and Garden Grove, in coordination with the Orange County Transportation Authority (OCTA), have been working on the development of the Santa Ana - Garden Grove Fixed- Guideway Project (Project). The Project is nearing completion of two major milestones as Identified In the cooperative agreement: the Alternatives Analysis and State and Federal environmental clearance. In anticipation of these significant milestones and the desire to continue to advance the project for further engineering, the Santa Ana City Council recently approved the following in regard to future implementation and funding of the Project: Request that OCTA serve as the lead agency for design, construction, federal grantee sponsor, lead contact with FTA, owner and operator; and Commit a 10 percent (net of farebox) local match to fund operations It is my understanding that the City's position on implementation and funding is consistent with OCTA's ongoing policy development work. As OCTA develops the project implementation and funding plans, the City of Santa Ana looks forward to continued partnership and collaboration in this effort, Please contact me at XX if you have questions or would like additional Information. Sincerely, David Cavazos City Manager Exhibit 3 55E -11 55E -12 i /is�► i`�77:�►iITi To: David Cavazos, City Manager From: Edwin "William" Galvez, P.E. Interim Executive Director Date: May 1, 2014 Subject: COMPLETION OF DRAFT ENVIRONMENTAL FOR THE STREETCAR The undersigned team is pleased to submit to you the Environmental Assessment /Draft Environmental Impact Report (EA/DEIR) for the Santa Ana - Garden Grove Fixed Guideway Project (Streetcar) for your approval and subsequent transmittal to Orange County Transportation Authority (OCTA). OCTA, as the project's National Environmental Policy Act (NEPA) lead agency, is responsible to transmit the EA/DEIR to the Federal Transit Administration (FTA). Included as appendices to the EA/DEIR are several technical reports which both the City of Santa Ana and OCTA's Project Management Oversight consultant team have thoroughly reviewed. Based on our reviews, the documents are complete and accurate. The EA/DEIR also underwent legal sufficiency review by our City's legal counsel. Therefore, it is our recommendation that the documents are ready to be forwarded to OCTA, and subsequently to FTA, for an expeditious review. We will release the EA/DEIR for public review when FTA clears the document for release, tentatively in May 2014. Edwin "William" Galvez Interim Executive Director Public Works Agency Catherine Higley Consultant Project Manager Cordoba Corporation Jason Gabriel Principal Engineer Public Works Agency Ryan Hodge Assistant City Attorney City of Santa Ana Exhibit 4 55E -13 55E -14 MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tirejero COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Rayne Vincent F. Sarmlento CITY OF SANTA ANA 20 Civic Center Plaza + P.O. Box 1988 M -21 Santa Ana, California 92702 Sincerely, David Cavazos City Manager c: Mayor and Council City Manager SANTA ANA CITY COUNCIL CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Huizar mpact Report insmittal to the ilestone in the en Grove, and the past four ighly reviewed tant team. The legal counsel. , accurate and )EIR for public -A for all of the )ok forward to ighout Orange nation Center Miguel A- Puiid. Sal 7inaforo j Vinoonl R Sormienal MirW.MaNnez I Angelica Amezcua P. David Benavides Roman Rayne Mayor Mayer Pro Tem, Ward6 Ward Wam2 Ward3 Wam4 Womb Mpylgtr�senteana Qg $�IpgJaga t VSarm's Santa- a.a.rg MMarlrae ®aenta- o6e.ra AAmezr alrII La PByp pJdepay�pa��g g�Ll RRe rN 1 55E -16 May 5, 2014 OCTA STAFF REPORT TO EXECUTIVE COMMITTEE May 5, 2014 TO; Executive Committee From: Darrell Johnson, Chief Executive Officer subject: Fixed-Guideway Policy Decisions Overview Overview On April 22, 2013, staff presented an overview of the anticipated Orange County Transportation Authority Board of Directors' actions required to advance the Measure M2 Project S fixed - guideway projects, consistent with federal funding guidelines. Given the Santa AnatGarden Grove Fixed-Guirleway Project's upcoming milestone completion and advancement Into engineering, staff Is seeking Board of Directors' direction to develop an implementation and funding plan for the project. Recommendations A. Direct staff to develop a proposed project implementation plan for the Santa Ana/Gailden Grove Fixed Guideway Project with the Orange County Transportation Authority serving as the lead agency. 6, Direct staff to develop a proposed financial plan to fund capital, operations, and maintenance of the Santa AnalGarden Grove Fixed - Guideway Project that is consistent with the Implementation plan and maximizes the use of state and federal funding sources by leveraging Measure M2 revenues. Background In April 2013, the Orange County Transportation Authority (OCTA) Board of Directors (Board) was presented with an outline of policy and technical decisions necessary to advance the two fixed-guideway projects currently under development as part of the Measure M2 (M2) Project S, Transit Extensions to Metrolink Program: the Anaheim Rapid Connection (ARC) and the Santa AnatGarden Grove (SA/GG) Fixed-Guideway projects. As discussed with the Board, further development of the Project S program requires Orange Cm ty Truperfahm Amdwfly 92863-15841(714)560-=TAi6283) Exhibit 6 55E -17 Fixed-Guideway Policy Decisions Overview Page 2 consideration of two significant policy decisions: project Implementation and funding. Both the ARC and SA/GG Fixed-Guideway projects are progressing towards environmental clearance. The cities of Santa Ana and Garden Grove anticipate Completing the environmental phase In fall 2014, while the City of Anaheim is expected to complete environmental work In late 2015. Updated decision diagrams for each project are provided to depict progress in the project development process and the decisions necessary to advance (Attachment A). The varied progression of each of the fixed-guideway projects will require policy decisions to be made initially for the SAIGG Fixed-Guideway Project. Staff anticipates that these policy decisions will set the framework for future discussions on policy decisions for the ARC project. When the ARC project approaches environmental clearance in late 2015, staff will evaluate in a similar fashion the policy decisions in context of the ARC project In anticipation of the cities of Santa Ana and Garden Grove's completion of the alternatives analysis and environmental milestones and request to advance the project into engineering, OCTA Is prepared to Identify roles and responsibilities and develop a financial plan to implement the WGG Fixed-Guideway Project. Discussion Advancement of the SA/GG Fixed-Guideway Project into the engineering phase requires OCTA to develop a project management plan (PMP) conforming with the Federal Transit Administration (FTA) guidance, clearly delineating roles and responsibilities for the delivery and operations of a transit project, Should OCTA pursue FTA New Starts funds, FTA will approve the PMP; therefore, it is prudent planning to ensure consistency with FTA guidance. The PMP needs to demonstrate the capability and capacity of the implementing agency to put in place the resources to manage and undertake design and construction, and secure any needed funding. Two significant policy decisions need to be considered for the PMP: Implementation o Lead agency for design and construction o Owner of the system and Its assets o Federal granteelsponsor and lead contact with FTA o Owner, operator, and maintainer of the system Funding o A sustainable and viable financial plan for capital, and operations and maintenance 55E -18 Fixed - Guideway Policy Decisions Overview Page 3 Project Implementation Consistent with the intent of M2 Project S, the cities of Santa Ana and Garden Grove have served as the lead in the planning efforts for the fixed- guideway project to foster a locally driven project that expands the reach of the backbone rail service. This allowed for maximum local input on planning and alternatives to develop a project that best met the transit needs of the communities. The next phase of project development, engineering, and design, requires the Implementing agency to have the necessary experience and technical expertise to deliver FTA grant-funded projects. This criterion has long been communicated by FTA and was evident in its support of OCTA serving as grantee even at the Inception of the program. OCTA has a well- respected, long- standing reputation within the united States Department of Transportation as having demonstrated the capacity to successfully manage and deliver capital projects on schedule and under budget. For be cities of Santa Ana and Garden Grove to achieve a level of technical capacity acceptable to FTA would take a significant amount of resources and time, resulting in schedule impacts. Prior discussion with FTA and input from industry experts indicates that the highest likelihood of success for project Implementation and federal funding would be for OCTA to serve as the lead agency. Staff is requesting Board direction to develop an Implementation plan for the SAIGG Fixed- Gukieway Project with OCTA serving in lifts role. Preliminary discussions with cities of Santa Ana and Garden Grove staff also indicate a desire for OCTA to serve as lead agency. This decision will be fully vetted through the Santa Ana City Council in the next month. Staff Will model the implementation plan on FTXs PMP guidelines and structure for consistency in addressing organizational, technical, and financial capacity to deliver the project, and will return to the Board to seek input and approval of the plan. A recommendation on the implementing lead agency for the ARC project will be brought to the Board for consideration when the project moves closer to environmental approval. Funding Plan Consistent with OCTA's standard financial planning practices, a comprehensive business plan that demonstrates the SAtGG Fixed - Guideway Project cash flow for both capital and ongoing operations and maintenance is required to make project decisions. Staff is seeking Board direction to develop a viable and sustainable financial plan for the SA/GG Fixed - Guideway Project. 55E -19 Fixed-Guideway Policy Decisions Overview Page 4 The following factors would form the parameters in the development of this plan: The Local sales tax revenue from M2 Project S is anticipated to provide $ 1.3 billion in funding over the life of M2 and would need to take into account funding needs for other Project S-eligible projects, Including, but not limited to, ARC and the rubber-tire projects (Attachment B). The M2 ordinance states that "The Authorlty shall make every effort to maximize state and federal funding for Transit Projects," (Attachment C). Prior Board direction that the SAIGG Fixed - Guideway Project remain eligible for the FTNs New/Small Starts Program. Additionally, when evaluating the potential funding strategies, staff will consider the desire to deliver the benefits of the projects In the most expeditious manner possible while ensuring the most prudent use of M2 funds and leveraging its use to maximize state and federal funding sources. To support this effort, the New and Small Starts development processes (Attachment D) and funding requirements will be consulted and the timetrames refined as the funding plan Is developed. summary Staff will return to the Board within the next quarter with a proposed implementation plan for the SAIGG Fixed - Guideway Project with OCTA as the Implementing lead agency, as well as with a proposed financial plan that addresses the funding needs for both capital and ongoing operations and maintenance of the SAJGG Flied- Guideway Project. Attachments A. Fixed - Guideway Program: Decision Flow Diagrams B. Measure M2 Project S Description C, Measure M2 Ordinance Transit Projects Funding Language D. Draft Timeline: Santa Ana/Garden Grove Fixed-Guideway Project Prepared by: Approved by: Kelly Hart Jim Bell, P.E. Project Manager Executive Director, Capital Programs (714) 560-5725 (714) 560-5646 55E-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: APPROVAL OF FUNDS FOR THE FIVE -YEAR STRATEGIC PLAN CITY MANA R 1:7x�i]t1iIJi1��[T'�ta • �C�7�1 CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing revenue for the fiscal year 2014 -15 budget in the amount of $2,280,000 in various General Fund revenue accounts and appropriate funds to various departmental expenditure accounts for the implementation of the five -year Strategic Plan. DISCUSSION On March 18, 2014, the Mayor and City Council adopted the five -year Strategic Plan following an 11 -month strategic planning process and extensive community engagement efforts. The City's outreach efforts included a total of nine events with more than 2,100 participants and recorded over 1,300 comments from various community stakeholders such as residents, businesses, non- profit organizations, students, faith -based community, property owners, educators, employees, and others. The City's strategic planning process and community engagement efforts resulted in a Strategic Plan that includes a total of 7 goals, 33 objectives and 147 strategies. Of the 147 strategies, 108 are funded within the budget and 39 are currently unfunded. In order to prioritize and allocate funding to the remaining 39 unfunded strategies, staff prepared a matrix which was presented at the March 18th City Council meeting. The matrix identifies funding priorities in three categories; consensus (6 to 7 stars), general consensus (5 stars) and all others (1 to 4 stars) in descending priority. It is important to emphasize that the unfunded consensus strategies are equivalent to the $2M included in the revised five -year forecast approved by the Mayor and Council. General consensus and all other remaining unfunded strategies add up to $3.5M. The recommended action will allocate funding to consensus unfunded strategies as well as to fund a youth sports scholarship program as recommended in the March 18th City Council meeting. As additional funding becomes available, staff will provide further recommendations to 65A -1 Approval of Funds for the Five -year Strategic Plan May 6, 2014 Page 2 fund general consensus strategies and all other remaining unfunded strategies. Implementation of the Strategic Plan is scheduled to commence July 1, 2014. FISCAL IMPACT The appropriation adjustment will recognize $2,280,000 in General Fund revenue accounts (01102002- various) and appropriate same to departmental expenditure accounts (various). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Attachment A — Strategies to Receive Allocation of Funds 65A -2 C Nc J C W U i 4 W +, U Q 0 Ln W^ V w NQq/ Y. Ln 65A -3 m 0 N (D Q) Q) Q> 0) o) E E w 0 0 0 m 0 0 o 12 0 0 0 0 O O O O O 0 O 0 Ld O O O O Vi W 694 b4 64 LO 69. N y} V} �, fA' v.: o\.. ¢ ¢ ¢ ¢ ¢ ve U U U U U .a q et a w c[ U❑ U v a d d d a ¢d 6 •� 0 N p r •> N- a a 0 °) �° U � cm P L C O T � N�] O .N n �p U ` O ° Q E N 0-0 O N Q 0) U 0 0 ^ D7- . 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E 'o`\/ E7§{2\ z -! ` EE /= : @ < }G / ƒ/ s»e . ° 55 =;5: »G«/ )o: 3: . °! \$? ; \ )0a0 >j,:2 \_ :® ,0 —�° _/ E :u G,50 oo§ 0G& 6 $ —e \) :g o o=o:y ; =e: 0 o — UQ) = —` °y\ _ >= > Q) °G 99~ \ \k }\ \ \\ \ \ \± \// \) } / \ )\/ 0 :eat »2 :® /23 :G / 0 ±e / ;£ ,y2& ! a% (R . _;_�; ±ae: =g :\ \!- _ /Ea \z ®�® »' °= -01 C5 §, )z ,:§:: /\\ u: /3 / \\to 2 = \ \[o >0 :u -0 -0 o§0 »:Sj . u ; &z ° @® G& 2—§§ °/ ƒ) ©f ^:� /E oD: a \\ {)( }{ / \7f // 2:C) a\� j( \\ .yam\ 0 3333,0 22 g� o =B y±; 20::23 !z g±o)Qc): =e=f /) 6\ »/3 0 \[ :0 ,7ebyy e3 /__§ —> —o :E} E£ ®=e = :z eo =ta \� ® ©� ®J ~/z ®5E7 ©iG \; §K\ £j /C5 \ /$ \b& /}G± ±�2 �&2 252 y/, |/R �^ °] 65A- { E \ il \ \f R 2 }\ \ £ 2 (\ 0 \ a \2 — _ j\ f. /§ §o /\ §± &G) 222 \2\ j \U . y=» =)y { \/ r/& )0( \\ ), \ \\ >Q( \§« /)\ \ \\ $ U 22 kk E . v k co / \ §SA.S 65A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: REVIEW AND ADOPTION OF THE 2014 STATE AND FEDERAL LEGISLATIVE PLATFORM 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 Review and adopt the 2014 State and Federal Legislative Platform. DISCUSSION The Legislative Platform is a tool to protect and promote the City's interests on priority issues, legislative proposals, and regulatory matters that may impact the City. The Legislative Platform includes guiding principles and policy statements that allow City staff and legislative advocates to address legislative and regulatory issues by providing a framework that summarizes the City's position on policy issues and priorities, without precluding the consideration of additional legislative and budget issues that arise during the year. The proposed 2014 State and Federal Legislative Platform was reviewed by the Legislative Council Committee and includes guiding principles that focus legislative advocacy efforts around 1) preserving local control; 2) promoting fiscal stability; 3) supporting funding opportunities; and 4) maximizing regional collaboration and cooperation. In addition, the policy statements and priority issues identified within the Legislative Platform are aligned with the goals of the City's Five -Year Strategic Plan. Priority issues identified in the 2014 Legislative Platform include, but are not limited to: maximize funding for the Urban Area Security Initiative (UASI) to sustain long -term homeland security efforts at the local and regional level; pursue funding for the Santa Ana /Garden Grove Fixed Guideway streetcar project to help create a vibrant regional transit system and spur economic development opportunities; and support for legislation that reauthorizes or increases funding for various affordable housing, community development, youth, and public safety related programs. Recognizing the need to actively engage in legislative advocacy, the Legislative Platform helps strengthen the City's ability to articulate, influence, and monitor its position on these and other policy and priority issues. The Legislative Platform also allows the City to respond quickly in support or opposition to issues in a manner that is consistent with the Council's policy positions and direction. 65B -1 2014 Legislative Platform May 6, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Attachment A — 2014 City of Santa Ana State and Federal Legislative Platform 65B -2 11--i m4ri0ii-11", CITY OF SANTA ANA 2014 STATE AND FEDERAL LEGISLATIVE PLATFORM The Legislative Platform is a tool to protect and promote the City's interests on priority issues and legislative /regulatory matters that may impact the City. The Guiding Principles and Policy Statements below allow City staff and legislative advocates to address 2014 legislative and regulatory issues in a timely and directed manner, without precluding the consideration of additional legislative and budget issues that arise during the year. This Platform supplements other City Council established policies reflected in other plans and policy documents and is consistent with the goals of the City's Strategic Plan. GUIDING PRINCIPLES PRESERVE LOCAL CONTROL Preserve and protect the City's charter powers, duties and prerogatives to enact legislation and policy direction concerning local affairs, and oppose legislation that preempts local authority. Local agencies should preserve and enhance authority and accountability for revenues raised and services provided. II. PROMOTE FISCAL STABILITY Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve the City's revenue base and local control over local government budgeting. Oppose measures that make cities more dependent on the County, State or Federal Governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits. Oppose measures that shift local funds to the County, State or Federal Governments, without offsetting benefits. III. SUPPORT FUNDING OPPORTUNITIES Support opportunities that allow the City to compete for its fair share of regional, state and federal funding, and that maintain funding streams. Opportunities may include competitive grant and funding programs. Opportunities could also include dedicated funding streams at the regional, state and federal levels that allow the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. IV. REGIONAL COLLABORATION AND COOPERATION Leverage the City's ability to preserve local control, promote fiscal stability, and support funding opportunities through collaboration with municipalities, local government agencies, special districts, regional government agencies /organizations and local, state and federal elected representatives. Share the City's legislative platform and municipal projects /programs with regional government agencies and local, state, and federal elected representatives to seek their support. Legislative Platform 65B-3 5/01/2014 GOAL 1: COMMUNITY SAFETY • Increase assistance from federal agencies and encourage the enforcement of federal law concerning marijuana as Congress intended when it enacted the Controlled Substance Act. Without proactive assistance from federal agencies it limits local law enforcement's ability to shut down marijuana dispensaries that are in clear violation of federal laws. The police department is limited to reliance on local ordinance or civil proceedings which do not immediately stop the illegal activity. Santa Ana has had limited assistance from the Drug Enforcement Administration and the U.S. Attorney's Office. The Police Department has continued dialogue with local representatives from the Drug Enforcement Administration related to the enforcement of the Controlled Substance Act. While the dialogue is ongoing local and state initiatives might frame the future enforcement posture of federal agencies. • Maintain local funding for programs that support community oriented policing, gang suppression, and crime prevention, such as Byrne /Justice Assistance Grants (JAG) and Community Oriented Policing Services (COPS) programs. Support for funding that does not require a local cost share or match is of particular importance. • Support maximum funding for the Urban Area Security Initiative (UASI) and advocate for flexibility in the use of funds for personnel, training and target hardening. UASI funding is critical in sustaining long term homeland security efforts at the local and regional level. • Increase funding and revenue opportunities for Santa Ana Jail operations, particularly through contract negotiations with ICE and the US Customs. GOAL 2: YOUTH, EDUCATION, RECREATION Advocate funding to address and support 1)bridging the digital divide 2) art and culture exhibits at public libraries to engage community to read and learn and appreciate art and culture 3) advancing literacy 4) career guidance for youth and 4) library programming for teens. • Seek joint -use and other funding opportunities to establish a community e- Library. This "Biblio Tech" leverages technology tools to help the public access library resources. • Support legislation that provides federal and state funding for urban parks and recreation programs. • Identify and pursue funding sources to support improvements, expansion or addition of exhibits, and public education programing for the City of Santa Ana's Zoo at Prentice Park. GOAL 3: ECONOMIC DEVELOPMENT • Monitor AB 1080 - -The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies. Existing law provides for various Legislative Platform 65B-4 5/01/2014 economic development programs that foster community sustainability and community and economic development initiatives throughout the state. AB 1080 would authorize certain public entities of a community revitalization and investment area, as described, to form a community revitalization plan within a community revitalization and investment authority (authority) to carry out the Community Redevelopment Law in a specified manner. The bill would require the authority to adopt a community revitalization plan for a community revitalization and investment area and authorize the authority to include in that plan a provision for the receipt of tax increment funds. • Support legislation that reauthorizes or increases funding for the following community development programs: • Section 8 Housing Choice Vouchers, which provide rental subsidies for low and very low - income families • Community Development Block Grant (CDBG) • Housing Opportunities for Persons with AIDS (HOPWA), • HOME Investment Partnerships Program (HOME) • Loan and grant programs that support: • buying, and /or rehabilitating affordable housing for rent or homeownership, or providing direct rental assistance to low- income people.assist first time home buyers that promote homeownership and increase neighborhood stability • capital improvements to city streets that reduce blight and improve the residential neighborhoods • economic development that assist the establishment of small businesses and the expansion of existing businesses, which will retain and create more jobs • acquisition of land for new construction of single family units and multi - family units • provide housing and other assistances for persons and families with HIV /AIDS • allow for an increase of homeownership opportunities • Support the reauthorization of the US Department of Labor Workforce Investment Act (WIA and remove sequestration to fund programs that provide services as follows: • employment and training services for adults and youth • work with businesses for contracting and hiring needs • develop customize training for businesses • Support legislation that promotes CEQA streamlining and removes barriers to infill development and reduces frivolous legal challenges. • Ensure that the City retains maximum flexibility in assessing development projects by maintaining local control over zoning and land use regulations. • Follow Senate and House legislation to re- instate the Empowerment Zone Hiring tax credit incentive. Push for passage in an upcoming tax bill. GOAL 4: CITY FINANCIAL STABILITY • Maintain fiscal and local control over revenue sources and assets. Legislative Platform 65B-5 5/01/2014 Legislation requiring lobbyists monitoring and status reports: • SB 7 (Steinberg) prohibits a charter city from receiving or using state funding or financial assistance for a construction project for up to 2 calendar years if the city has, after January 1, 2014, awarded a public works contract without requiring the contractor to comply with prevailing wage provisions. Governor Brown signed SB 7 in October, after the bill passed the Senate with a 22 -13 majority with amendments. Subsequently, several California charter cities (El Centro, Carlsbad, El Cajon, Fresno, Oceanside, Vista) challenged the constitutionality of SB 7 on February 20, 2014 by filing for an injunction in San Diego County Superior Court, and have requested a writ of mandate to prohibit the state from enforcement. The plaintiffs argue that the state constitution guarantees that charter cities can govern their own municipal affairs without state interference. They also argue that SB 7 would violate Article XIII, Section 24(b) of the State Constitution because it restricts local tax revenue by requiring expenditures on a state priority (prevailing wage). Since charter cities are created by the "reserved power' of the local electorate, the Legislature should not be able to interfere. Position: Watch Wireless Tax Fairness Act of 2013 (H.R. 2309) — Wireless industry effort to ban new state and local taxes on wireless communications for five years. Contains carve -out exemption for local voter approved 911 - Emergency Access Telephone Taxes and Utility Users' Taxes. Position: Watch • The Permanent Internet Tax Freedom Act (ITFA) (H.R. 3086) - Telecommunications industry effort to make permanent the exiting ITFA moratorium on internet taxes. As telecommunication services move to broadband this bill's effect will be to erode Santa Ana's telecommunications utility users' tax base. Lacks any carve -out exemption for local voter approved tax measures such as a 911 - Emergency Access Telephone Tax or Utility Users' Tax. Position: Oppose • Wireless Industry Effort to Remove Local Control & Zoning — Undermines local zoning ordinances and community standards, will create visual blight and lower property values. Position: Oppose (Critical Comment Period at FCC Hearing) • The Digital Goods and Services Tax Fairness Act of 2013) (H.R. 3724) - Telecommunications industry effort to significantly reduce state and local revenues by preempting the taxation of purchases such as downloaded music, movies, and online services. Position: Oppose • The Business Activity Tax Simplification Act of 2013 (H.R. 2992) - Mandates the use of a physical location standard for determining whether a state or locality can assess a tax on a company. As written would allow companies to avoid and evade taxation. Position: Oppose • Marketplace Fairness Act - Allocates local government's fair share of sales tax to the local delivery address for goods and services. Will preserve and increase Santa Ana sales tax revenue. Position: Support Legislative Platform 65B-6 5/01/2014 • Municipal Bond Exemption — Removes tax exemption from municipal bonds and makes municipal financing more costly with higher fees. Position: Oppose • AB1717 - Telecommunications: Prepaid Mobile Telephony Service / Prepaid Telephony Services (MTS) Surcharge and Collections Act (AB 1717) -Joint effort by telecommunications industry, PUC, BOE, local agencies advisory task force, and the Governor's Office to provide an effective mechanism for collection of existing PUC surcharges and local agency Utility Users Tax (UUT) relating to prepaid wireless telecommunications services. Authorizes the BOE to collect state surcharges and local UUT on prepaid wireless telecommunication services at the local retail point -of -sale. Will preserve and increase Santa Ana UUT revenue. Position: Support GOAL 5: COMMUNITY HEALTH, LIVABILITY, ENGAGEMENT & SUSTAINABILITY • Seek Federal Farm to School Grant Program funding to support the City's joint use community garden at Madison Park. • Seek special grant monies for community engagement (PRCSA). • Advocate for special grant monies for community outreach and education efforts to enhance the public awareness of preventing health issues such as obesity, diabetes, heart disease, and hypertension. • Seek special grant monies for outreach and education efforts to enhance walking and biking safety in our town. • Support legislation that increases funding and legal support for improved bicycle and pedestrian facilities. GOAL 6: COMMUNITY FACILITIES & INFRASTRUCTURE The Santa Ana /Garden Grove Fixed Guideway • Seek funding to construct a modern streetcar operating from the Santa Ana Regional Transportation Center through Santa Ana's Downtown and Civic Center within mixed flow traffic in city streets and within the Pacific Electric right of way to Garden Grove. Currently, two street car alternatives and an enhanced bus system are being considered. The streetcar could potentially connect with a streetcar being planned by the City of Anaheim via Harbor Boulevard in Garden Grove. Both systems together would create a regional system benefitting mobility and goods movement as well as providing expanded regional and local economic development opportunities. The Santa Ana /Garden Grove streetcar alternatives are approximately 4 miles long with about 12 station stops in each direction. The proposed fleet size is 6 to 7 cars with headway running 10 minutes in peak conditions and 15 minutes off peak. The ridership is expected to reach 6,000 daily boarding's during its initial operation, and would result in a reduction of 2,165 vehicle miles traveled per day. The streetcar ridership capacity could respond to increased use and could also expand and extend service. The project serves Santa Ana which is the 4th most Legislative Platform 658-7 5/01/2014 densely populated city in the United States, and serves the Cities' densely populated communities, many of whom (17.8 %) do not own cars and currently use public transportation. The project is currently in the environmental analysis phase with the public review period of the Environmental Assessment /Draft Environmental Impact Report scheduled to begin May 2014. Adoption of the environmental document and selection of a locally preferred alternative is scheduled in Fall of 2014. The estimated cost of the project ranges from $238 million to $257 million depending on the alignment chosen. Potential Federal funding requests could be from a combination of Congestion Management and Air Quality (CMAQ) programs or New Starts /Small Starts programs totaling $125 million. If construction funding commitments are made by 2015, the SA /GG streetcar project could be operating by 2018. Grade Separations • Seek funding for Grade separation projects which allow incompatible mobility modes to intersect without impeding with one another. These types of projects work with existing transportation systems to greatly improve multimodal mobility and goods movement, and also result in reduced congestion, improved air quality, and reduced dependence on fossil fuels. Three separate grade separation projects are in or have completed the conceptual engineering and environmental analysis phase. The three projects are located on (1) Santa Ana Boulevard, (2) Grand Avenue, and (3) 17th Street. The three currently intersect with railroad tracks carrying Amtrak and Metrolink commuter traffic, and Union Pacific RR freight cars. Daily rail traffic is now 75 trains per day and is expected to increase to 110 per day by the year 2035. The grade separation projects are essential to allow for future and current commuter and goods movement, and maintain and improve train, pedestrian and bicycle mobility, and safety. The City of Santa Ana is the lead for the (1) Santa Ana Boulevard project. This is a unique Grade Separation Plaza because it allows and encourages mass pedestrian and bicyclist traffic to safely cross rail tracks adjacent to the Santa Ana Regional Transit Center (Amtrak and Metrolink station). It would also allow for the extension of the streetcar across the rail tracks without any additional infrastructure but the streetcar line. The Santa Ana Boulevard Grade Separation Plaza is estimated to cost $60 million and the environmental clearance is scheduled for completion in February 2014. The environmental clearance will place this project on the state's priority list. The roadway carries over 20,000 vehicles per day within a very congested segment of roadway adjacent to an interchange with I- 5 freeway. In addition, 54 school buses and 309 passenger buses cross the rail tracks. Staff seeks Federal funding support either through OCTA or independently for 25% to 50% of the project construction cost through Regional Surface Transportation Program, CMAQ Demonstration, and Federal Section 130 funds. OCTA has been the lead agency for the planning and environmental studies of the other two grade separations at (2) Grand Avenue and (3) 17th Street. It's anticipated that they will seek funding to implement those two projects. Legislative Platform 65B_8 5/01/2014 Alton Parkway • Seek funding for the design and environmental clearance of the Alton Parkway Grade Separation. Alton is part of the Master Plan of Arterial Highways, and the proposal is to cross over SR -55. The roadway would expand regional connectivity, benefitting mobility and goods movement as well as providing expanded regional and local economic development opportunities, and significant benefits to local Santa Ana businesses located in the fringes of this project. Coordination with neighboring Irvine has been completed. This project's (Overcrossing) design /environmental phases were previously done but need to be updated per the latest state requirements. This will take an estimated 8 -12 months to update. Construction & R/W funding in the amount of $35,000,000 was estimated in 2009 but will need to be updated as well. Staff is planning on submitting this project for TIGER funds as this project presents regional benefits. Bristol Street • The City of Santa Ana has been in the process of improving 3.9 miles of Bristol Street between Warner Avenue and Memory Lane in conformance with the City's General Plan, and OCTA's Master Plan of Arterial Highways. The project adds one through lane in each direction, bike lanes, sidewalk, landscaping and medians, as well additional turn lanes and bus turnouts at major intersections. The completed or near completed portions of the project total over 2.5 miles. OCTA has funded or indicated a high potential to fund construction of the remaining segments between Warner Avenue and 17th Street. However, no funding sources exist for the portion between 17th Street and Elm Street (the north -most half mile), which handles an average of 48,000 vehicles per day. The estimated cost for this segment is $40 million. Depending on future federal funding programs, the City would anticipate a request of up to one half, or $20 million of total project cost. Grand Avenue The City has a project to widen Grand Avenue between 1't Street and 17th Street. The project, similar to Bristol, adds one through lane in each direction, bike lanes, sidewalk, landscaping and medians, as well additional turn lanes and bus turnouts at major intersections in conformance with OCTA and City plans. The initial 900 -foot segment between 1't Street and 4th Street will begin construction in 2014. Except for design phase funding, no funding has been identified for the remaining 4,300 feet, estimated to cost $48 million. A Federal $24 million grant to match the anticipated future OCTA Measure M2 funding could cover construction and project delivery. Fairview Bridge Fairview Street is planned for three lanes in each direction on the City's General Plan and OCTA's MPAH. However, because the Fairview Bridge over Santa Ana River is only about 50 feet wide, the roadway can accommodate only two lanes in each direction. Further, the bridge lacks separated sidewalks and the barrier rail does not meet current standards. For a similar project (First Street Bridge), the City received Federal funding to cover half the cost to replace and widen the bridge. For the Fairview Bridge, the cost is conceptually estimated at about $6 million, about half of which could be requested through the Federal Highway Bridge Replacement and Rehabilitation program. To receive federal funding, the segment would need to be cleared under NEPA. Legislative Platform 65B-9 5/01/2014 GOAL 7: TEAM SANTA ANA • The City will include a legislative agenda that is consistent with Team Santa Ana primary objectives. • Support federal /state legislation which allows the City to promote innovation and efficiency through greater use of technology. • Support federal /state legislation that allows the City to promote greater transparency and community engagement. Legislative Platform 65B&1 0 5/01/2014 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 6, 2014 TITLE: PUBLIC HEARING - FINAL ENVIRONMENTAL IMPACT REPORT NO. 2010 -01, AMENDMENT APPLICATION NO. 2014-01 AND GENERAL PLAN AMENDMENT NO. 2014-01 FOR PARK VIEW AT TOWN AND COUNTRY MANOR - STEVE LAZARIAN, APPLICANT CITY MANR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: at ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution certifying Final Environmental Impact Report No. 2010 -01 and approve the Mitigation Monitoring Program. 1 Adopt a resolution approving General Plan Amendment No. 2014 -01. 3. Adopt an ordinance approving Amendment Application No. 2014 -01 for the Town and Country Manor Specific Development No. 87 (SD -87). PLANNING COMMISSION ACTION On April 14, 2014, the Planning Commission recommended that the City Council adopt a resolution certifying Final Environmental Impact Report No. 2010 -01 and approve the Mitigation Monitoring Program; adopt a resolution approving General Plan Amendment No. 2014 -01; and adopt an ordinance approving Amendment Application No. 2014 -01 for the Town and Country Manor Specific Development No. 87 (SD -87) by a vote of 6:0 (Nalle absent) to allow the construction of Park View at Town and Country Manor senior residential tower at 555 East Memory Lane located in the Suburban Apartment (R4) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). 1�76YyIr6�Cr7tl The Park View at Town and Country Manor tower will be an eight -story, 174 -unit independent living facility for active seniors. The tower will not contain any "for sale" units and will be a regulated residential care facility for the elderly. Fees will be charged for services such as common dining, cleaning, laundry, and recreational activities provided for each unit. The tower will consist of approximately 348,378 square feet of area, including 230,670 square feet of residential and ancillary /support uses and 117,708 square feet for the three level subterranean parking structure. The parking structure will contain parking for 260 vehicles and have a storage area for each unit. 75A -1 EIR No. 2010 -01, AA No. 2014 -01, GPA No. 2014 -01 May 6, 2014 Page 2 In addition to the tower, the applicant is proposing to construct a one -story, 6,413 square foot aquatics and wellness center that will serve as an additional amenity for the residents of the entire Town and Country Manor campus. Finally, the primary entrance of the existing Town and Country Manor building will be remodeled and expanded by an additional 914 square feet to provide an enhanced entry to the facility. Full sized site plans are available for public viewing in the Clerk of the Council Office. FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency VF:rb vATown and Country\ EIR2010- 01 &AA2014- 01 &GPA2014.0i.cc Exhibit: A. Planning Commission Staff Report 75A -2 REQUEST FORQ►� Planning Commission Action gilta\1W PLANNING COMMISSION MEETING DATE: APRIL 14, 2014 TITLE: PUBLIC HEARING — FILED BY STEVE LAZARIAN FOR FINAL ENVIRONMENTAL IMPACT REPORT NO. 2010 -01, AMENDMENT APPLICATION NO. 2014 -01 AND GENERAL PLAN AMENDMENT NO. 2014 -01 FOR PARK VIEW AT TOWN AND COUNTRY MANOR Prepared by Vince Fregoso _ 1 -mil jtti\ � � Interim Executive Dir for RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Plan . anager Adopt a resolution certifying Final Environmental Impact Report No. 2010 -01 and approve the Mitigation Monitoring Program. 2. Adopt a resolution approving General Plan Amendment No. 2014 -01. 3. Adopt an ordinance approving Amendment Application No. 2014 -01 for the Town and Country Manor Specific Development No. 87 (SD -87). Request of Applicant Steve Lazarian, on behalf of The Christian and Missionary Alliance, owners of Town and Country Manor, is requesting approval of various entitlements for the proposed Park View at Town and Country Manor senior residential tower. Specifically, the project entitlements include the certification of an environmental impact report, amendments to the Land Use Element of the General Plan, and changing the current zoning of the site from Suburban Apartment (R -4) to the Specific Development No. 87 (SD -87) zoning designation. Proiect Location and Site Description The Town and Country Manor campus is located on an 8.29 -acre, irregular shaped parcel of land at the northeast corner of Memory Lane and Lawson Way, just east of the City Place development site and north of Santiago Park. The property contains two buildings that total approximately 219,556 square feet of area that were originally constructed in 1975. The primary building is a 213,107 square foot one to three -story structure that contains the residential care and skilled nursing units for the campus as well as various support and ancillary services. The other building is a 6,449 square foot, one -story chapel at the northwest corner of the site. EXHIBIT A 75A -3 EIR No. 2010 -01, AA No. 2014 -01, GPA No. 2014 -01 April 14, 2014 Page 2 The Park View at Town and Country Manor tower is proposed to be built on a 2.5 acre section of the site that is located at the southwest corner of the campus. This area of the campus is currently vacant and consists of both a parking lot and landscaped area. A total of 210 parking spaces are currently provided for the existing project. The site is surrounded by office development to the north, Santiago Park to the south, office development to the east and multi- family residential (City Place) and office development to the west (Exhibits 1, 2 and 3). Project Description The applicant, representing Town and Country Manor, is requesting approval of the Park View at Town and Country Manor tower, an independent living structure for seniors, on its existing campus. The proposed project will add 174 independent living units to the southwest corner of the campus and will be marketed solely to seniors 55 years of age and older The tower will not contain any "for sale" units and will be a regulated residential care facility for the elderly. Fees will be charged for services such as common dining, cleaning, laundry, and recreational activities provided for each unit. Park View will contain a total of 348,378 square feet of area, including 230,670 square feet of residential and ancillary/support uses and an additional 117,708 square feet for the three level subterranean parking lot. As proposed, the building will be eight stories and 97 feet in height at its highest point. Within the three -level subterranean parking structure, a total of 260 parking spaces will be provided. Additionally, one storage unit for each residential unit in the tower will be provided within the lowest (63) level of the parking structure. Park View at Town and Country Manor will serve as the cornerstone to the campus with its location at East Memory Lane and Lawson Way. The Park View tower has a contemporary design that has been guided by Renaissance and classical architectural influences. The main residential floors project vertically from the ground level common areas, highlighted by pilasters present at the main building facades. The use of glazing at balcony railings and in storefront windows at the ground floor and penthouse level is a key aspect that speaks to the building's contemporary nature. A prominent cornice, reminiscent of classical architecture, helps to define and characterize the roofline (Exhibits 4, 5 and 6). In addition to the high -rise tower, the applicant is proposing to construct a one -story, 6,413 square foot aquatics and wellness center that will serve as an additional amenity for the residents of the entire Town and Country Manor campus. Finally, the entry to the building will be remodeled and expanded by an additional 914 square feet to provide an enhanced entry to the facility. 75A -4 EIR No. 2010 -01, AA No. 2014 -01, GPA No. 2014 -01 April 14, 2014 Page 3 A comprehensive hardscape and landscape program has been developed for the project. This program will enhance the existing landscape theme of the campus and will further assist in unifying the structures through a consistent landscape program. A decorative plaza and motor court will be situated between the proposed tower and existing building that will provide an upscale entry to the campus as well as provide a public space for residents and visitors to gather and Interact. The plaza will include textured paving and a grove of deciduous and evergreen canopy trees. Preliminary designs also include a water element such as a fountain (Exhibit 7). Protect Background In 1972, the City Council approved Variance No. 1972 -38, which allowed The Christian and Missionary Alliance (Town and Country) the ability to construct a new residential care facility for the elderly with a 57 percent reduction in parking in the Single - Family Residence (R -1) zoning district. In June 1972, the City Council approved Amendment Application No. 698 to change the zoning of the property from R -1 to Suburban Apartments (R -4), which would be more compatible with the development proposed for Town and Country Manor. In 1989, Conditional Use Permit No. 1989 -04 and Variance No. 1989 -03 were approved to allow the construction of the one -story skilled nursing wing on the east end of the campus and to allow non - integrated parking on the site. Town and Country Manor is a non - profit organization whose mission is to provide a caring environment based on the Christian faith that is designed to meet the physical, social and spiritual needs of its residents. It is a continuing care retirement center licensed by the State of California's Department of Social Services. Town and Country is equipped to provide independent living, assisted living and skilled nursing care to meet the changing needs of its residents. General Plan and Zoning Analysis The General Plan land use designation for the site is Medium Density Residential (MR -15), which allows single and multi- family development at a maximum density of 15 units per acre. Development in Medium Density Residential areas of the City is characterized primarily by duplexes, apartments or a combination of both. The proposed project is not consistent with this General Plan land use designation. However, a General Plan Amendment is proposed for this project that would change the current MR -15 designation to District Center (DC), which will make the project consistent with the General Plan. The subject site is located in the Suburban Apartment (R -4) zoning district. The R -4 zoning designation allows uses such as bungalow courts, apartment houses and similar uses. The project site is not consistent with the zoning designation. An amendment application (zone change) to change the zoning designation to a Specific Development (SD) is proposed for this project, which will make the project consistent with the new SD zoning designation (Exhibit 8). 75A -5 EIR No. 2010 -01, AA No. 2014 -01, GPA No. 2014 -01 April 14, 2014 Page 4 Project Analysis Town and Country Manor is proposing to expand upon the services the facility provides by constructing the Park View tower, an eight -story building that will provide independent living housing on its campus. This building will allow Town and Country the ability to provide an additional independent, active living component of senior living, giving residents the ability to age In place on the campus. Town and Country is proposing a project that is consistent with the development pattern In the area, which includes several tall buildings in the immediate area. The following subsections of this staff report provided analyses for each of the recommended action items. Environmental Impact Report The California Environmental Quality Act (CEQA) requires the preparation and approval of an environmental impact report (EIR) for this project. The environmental issues analyzed in the EIR include aesthetics, air quality, climate change (greenhouse gas emissions), hydrology and water quality, land use and planning, noise, transportation and traffic, and utilities and service systems. Preparation of the EIR was originally initiated about five years ago for a 12 -story tower on the Town and Country campus. As a result of the economic downturn, the project was placed on a temporary hold due to concerns with the ability to finance the project. During this time, the project was reduced in height to its current proposal of eight stories. Although there are no State mandates that identify how long a draft EIR is valid, staff directed the consultant to revise and update the document when the applicant elected to move forward with the development in 2012. The consultant reviewed all sections of the document, with only the Traffic Section being updated to reflect changes in traffic patterns that occurred after the original document was prepared. The update found that no significant changes had occurred in traffic, with no new mitigation measures added or modified for the project. In accordance with CEQA, a draft EIR was first circulated for review and comment to public, local, regional and state agencies, and interested parties on March 11, 2010 for a 45 -day review period. On April 10, 2010 a public hearing was held on the document to obtain input from interested members of the public. By the close of the 45 -day review period, a total 12 written comment letters on the document were received. The City has evaluated the comments received from persons or agencies that reviewed the EIR. In accordance with CEQA, each public agency and interested party that commented on the draft EIR was provided with a response to its comments at least 10 days prior to the Planning Commission public hearing. The Responses to Comments document, the Mitigation Monitoring Program and the Draft EIR constitute the Final EIR. In addition, the Findings of Fact for the project have been prepared. 75A -6 EIR No. 2010 -01, AA No. 2014 -01, GPA No. 2014 -01 April 14, 2014 Page 5 The EIR has found that, of the eight environmental issues analyzed in the draft EIR, all were determined to be less than significant or could be reduced to less than significant levels with mitigation measures. Further, it was determined that no significant and unavoidable adverse impacts associated with this project would occur after mitigation from proposed project implementation as all potential impacts that were identified for the project can be mitigated to a level of less than significant (Exhibit 9). General Plan Amendment To allow the development of this parcel, a General Plan amendment is required. Currently, the land use designation for this site is Medium Density Residential (MR -15), which allows residential development that does not exceed 15 dwelling units per acre. This project will require amendments to the Land Use Element, including amending the General Plan Land Use designation to DC with a General Plan floor area ratio of 1.27. The floor area ratio was derived from the size of the proposed buildings as well as the square footage of the existing structures on the site (Exhibit 10). The proposed project will be consistent with several goals and policies of the recently adopted Housing Element. First, the project is consistent with Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community. Second, the project supports Goal 4, to provide adequate rental and ownership housing opportunities and supportive services for seniors, people with disabilities and people needing sportive housing. Further, the project is consistent with Policy HE -2.2 to create District Centers with high intensity, mixed -use urban villages and pedestrian oriented experiences; Policy HE -2.4 to facilitate diverse types, prices and sizes of housing; Policy HE -4.1 to support development of affordable senior housing readily accessible to support services; Policy HE -4.4 to support service enriched housing for persons with special need such as seniors and people with medical conditions; and Policy HE -4.7 to exercise appropriate land use, planning and regulatory oversight over the operation, location and impact associated with social needs housing and facilities. As proposed and as shown on Map 1 on the following page, the project is similar in scale and intensity with the densities of residential, commercial and office developments found in the immediate vicinity, including those at Westfield Main Place and City Place to the west, as well as office developments to the west, and additional office developments in the City of Orange to the north and east. Amending the land use designation of the project site to DC from MR-15 would render the land use designation more consistent with the type of development in the proposed project, as well as with existing conditions nearby. Further, the DC land use designation would contribute to the overall area's transition to a segment of the city that increasingly offers a "live, work, play" lifestyle to its residents and visitors. The proposed residential tower and enhanced amenities at the project site are consistent with the residential developments at City Place, the recently - entitled "The 301" project at 301 East Jeanette Lane, and allows the future residents at the project to enjoy the commercial amenities nearby at City Place and the Main Place mall, as well as the ability to "age in place." 75A -7 EIR No. 2010 -01, AA No. 2014 -01, GPA No. 2014 -01 April 14, 2014 Page 6 Map Aerial View of Surrounding Area Amendment Application In 1972, the City Council adopted Amendment Application No. 698, which changed the zoning of the site from Single - Family Residence (R -1) to Suburban Apartments (R -4). At that time, it was determined that the proposed size and density of the project was most consistent with the higher intensity R -4 zone. In depth staff analysis has found that, although the intent of the facility is to provide retirement housing through the various life stages, the project's operational characteristics exceed those of a standard residential project. Various components of the Town and Country Manor facility also operate as a care facility, which is considered to be a commercial and service use. In order to apply a zoning designation that is most appropriate for the campus, a zone change to a specific development designation (SD -87) is proposed. 75A -8 EIR No. 2010 -01, AA No. 2014 -01, GPA No. 2014 -01 April 14, 2014 Page 7 A series of site - specific objectives, policies and development standards will be used to guide the development of the tower and associated aquatic and wellness center. Specifically, the SD -87 would involve the creation of development standards such as setbacks, parking and signage and allow the exclusive entitlement of the eight -story residential tower and affiliated parking garage per the approved plan. The SD has been framed to allow the construction of the project as proposed and prohibits future modifications to enlarge or reduce the size of the project. The SD is also intended to be consistent with the scale and character of the surrounding area (Exhibit 11). Approval of the proposal would allow for the construction of a senior residential tower on a campus that provides a variety of services to the senior population. Further, the proposed tower will provide living facilities for active, independent seniors and will allow residents to age in place. Finally, the proposed project would be consistent with applicable zoning requirements. Public Notification The project site is not located within the boundaries of an established Neighborhood Association but is adjacent to the Park Santiago Neighborhood Association. The president of this Neighborhood Association was both contacted by staff and notified by mail a minimum of 10 days prior to the public hearing to ensure the association was notified of the meeting and to see if there were any areas of concern from the neighborhood. At their request, staff and the applicant attended a quarterly neighborhood meeting on April 2, 2014 to review the scope of the project and receive input. A total of 10 members from the neighborhood were in attendance, with the membership generally favorable to the new project. However, a few members were concerned with the size and massing of the tower and how it related to the campus and surrounding area. And, concerns were expressed regarding the potential for constructing additional towers on the Town and Country site. Staff also spoke with the representative from the adjacent City Place Homeowners Association to inform them of the project. Staff did not receive any calls from the HOA board or residents of City Place regarding the proposed project. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through an environmental impact report, EIR No. 2010 -01. Sections 15080 through 15097 of the State CEQA Guidelines (Article 7) guide the process for the preparation of an environmental impact report. 75A -9 EIR No. 2010 -01, AA No. 2014 -01, GPA No. 2014 -01 April 14, 2014 Page 8 The EIR, as required by CEQA, contains 1) an initial study; 2) a project description; 3) a description of the environmental setting, potential environmental impacts, mitigation measures for any significant effects, and consistency with plans and policies; and 4) names of preparers. The mitigation measures included in this EIR are designed to reduce or eliminate the potentially significant environmental impacts described herein. The scope of the EIR evaluates the proposed project's effects on the following resource topics: aesthetics, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. The City prepared a draft EIR and published the Notice of Availability (NOA) in the Orange County Register as well as posted the NOA at the Orange County Clerk's office on March 11, 201 Q. The City circulated the draft 'EIR for a 45 -day public review between March 1, 2010 and April 15, 2010. The draft EIR was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's website. This EIR is intended to provide a forum to air and address comments pertaining to the analysis contained in the draft EIR and to provide an opportunity for clarification, corrections, or minor revisions to the EIR as needed. Comments were received during the public review period. Pursuant to Section 15088 of the State CEQA Guidelines, the City, as the lead agency for the project, has reviewed all comments received on the document. As a result of the environmental analysis, no significant impacts were found from the construction of the proposed project. Mitigation measures have been provided to address potential environmental impacts, with a list of these mitigation measures found within the attached Mitigation Monitoring and Reporting Program. Mitigation measures have been outlined to address potential impacts on air quality, noise, transportation and traffic, utilities and service systems, and climate change (Exhibit 12). Conclusion Based on the provided analysis, staff recommends that the Planning Commission recommend that the City Council adopt a resolution certifying Final Environmental Impact Report No. 2010 -01 and approve the mitigation monitoring program for the Park View and Town and Country Manor; adopt a resolution approving General Plan Amendment No. 2014 -01; and adopt an ordinance approving Amendment Application No. 2014 -01 for Specific Development No. 87 (SD -87). Vince Fregoso, AIq _. Acting Planning Manager vflrapods\Town and CountryUR2010 -01 &AA2014 -01 &GPA2014- 01.041414.pc 75A -10 EIR No. 2010 -01, AA No. 2014 -01, GPA No. 2014 -01 April 14, 2014 Page 9 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 8 — Building Elevations Exhibit 7 — Landscape Plan Exhibit 8 — Zoning Map Exhibit 9 — Environmental Impact Report Exhibit 10 — General Plan Amendment Exhibit 11 — Specific Development No. 87 Exhibit 12 — Mitigation Monitoring Program 75A -11 pi I! Al GENERAL AGRICULTURAL -B PARKING MOOIEICATION CI COMMUNITY COMMERCIAL C1610 COMNNNITY COMMERCIAL- MUSEUM DISTRICT C2 GENERAL COMMERCIAL. C3 CENTRAL BUSINESS CIA CENTRAL BUSINESS- ARTISTS'VILLAGE C4 PLANNED SHOPPING CENTER Cs WERIALCOMMERCIAL CR COMMERCIAL RENUSNTIAL C I 1 Y .1 1 0, n n g e I C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT I'D PLANNED DEVELOPMENT -F FLOORAREARATIO PRO PLANNED RESIDENTIAL DEVELOPMENT CC GOVERNMENT CENTER RI SINCL&FAMILY RESIDENCE MI LIGHTIND03TRIAL R2 TWO - FAMILY RES DENCE M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE MO MILI-ARYOPHWRONE A4 SUBURBAN APARTMENT D OPEM1I SPACE RE RESIDENIIAL ES TATE -02 OVERLAY LONE SO SPECIFIC DEVELOPMENT P PROFESSIONAL SP SPECIFIC PLAN PCD PLANNED COMMUNITY DEVELOPMENT EIR 2010 -1 /GPA 2014 -1 /AA 2014 -1 PARK VIEW ATTOWN & COUNTRY MANOR S i" = ID00 FEET 555 EAST MEMORY LANE - - = 50OFcEr P L_ AN NI_N G _. A N...q. 0. 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It♦ 1Ei IT � IT 1 zor 1 o'. 1 �Na %ZV Wm �1 l�i�. to .'_; ► � og AVM NOSMV-1 EXHIBIT 7 Pa 7i4f 30 Z i Ya z Q J a w CO a Q U O z Q �.j O L f 1 s J 30 3� \w U /6V �Z F Q g� F Y. 0� O d`3 r i lei RAN 3 u'mu ez �Nm ZU Kim os WOm y 1 i u° N me � �m n 'All 1 zor 1 o'. 1 �Na %ZV Wm �1 l�i�. to .'_; ► � og AVM NOSMV-1 EXHIBIT 7 Pa 7i4f 30 Z i Ya z Q J a w CO a Q U O z Q �.j O L f 1 s J 30 3� \w U /6V �Z F Q g� F Y. 0� O d`3 r i lei RAN 3 Eby _ _ Fi 55 E u i� o, u mLL r oz C 0 z� NN M� rionirz •mv �ovsraa.NOwr mwwrc@ 6 22 gl3 t3aS �!l;3333fdSS �3�t3 _.. 1 TT 6W�F V 6S m�y6 r pPp�° Cite {�P9 {{? gin Fi; N NO j XIj = VOO Page 2 of 3 75A -31 T Z g w a Q U 0 g J' Q L w w U Z U U N f { J s � s 3 ism -W cr l o k ifkz6� Y- o�FE 1, [ait ZKO_ bWOO4V � 4 Y1133e5 33S -3eIlHD1VYt Page 2 of 3 75A -31 T Z g w a Q U 0 g J' Q L w w U Z U U N f { J s � s 3 ism -W cr l o k ifkz6� Y- o�FE 1, [ait � � g=aaaas `v 'lit r: g.pyg4i���i • m_• ® 01 ® ®d�1E• . i '104 * nvnirt +mv xrn.,av�owm :naxQu N s I •. 9 , H Jill I1 Ilia `I' ��� $��i gtpt`•t p �E 8 t'� i`It €djs€ (( tf OL 1 1 Z AVM NOSMVI Page 3 of 3 75A -32 z J r1 w F- w Q U W O Z R v f � J — Gg 0 awm w I &� X066 � af< d` 9 I jMfl !td et remN" O� o a m �t� p r[ me) 22 GARDEN GROVE FREEWAY < r~n � 22 GARDEN GROG FREEWAY . CITY OF ORANGE RI AI O 0 a� OH Ra CE 9 sy 29 o„E .Pxwrt.o .E3IN c 3, FkIRHAVEN PV \17, ul V.w (A JON z ' +av a.EN3rE Cx 1. < € 8 onaPE - EccE.,mo.e Exeneaolo 2 s NORESOLUTIONx00RDINANCEN00ROATE OFADOPTIONS SHOWN FOR THIS MAP sc.v- E:eiceer ♦ SINC'c IT IS >N ORIGYIAL RE0CROOF rdE SANTAANA G.rt DISTRICTCOSSIFICATON FOR ALL PROPERTIES RICLUDED HEREON : WO 60. 4000 "^�� ^w>afor apEe AT GENERALAGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -5 CI PARKING MODIFICATION COMMUNITY COMMERCIAL .F GC FLOORAREARATO GOVERNMENT CENTER PRD RI PLANNED PESIDENTAL DEVELOPMENT SINGLE - FAMILY RESIDENCE xmE.Y"aeul EECr.exal rmepRYa @aPNMIIH aL<s+N3roa'rL9 CIWD COMMUNITY COMMERCIALALUSEUM DISTRICT MT LIGHT INDUSTRIAL n nV0FAMILY RESIDENCE av n,r cwarcn PFSMwlxn ra.: &1, Oa1fO x -14,>: CZ GENERAL COMMERCIAL NI2 HEAVY INDUSTRIAL R6 MULTIPLE- FAMILY RESIDENCE uFafarnrtF;r -eur 3W9nuasa rauE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT ap N�3uF 3CR'.GOCISESnm:uwswc, v . CYA CENTRAL BUSINESS-ARTISTS VILLAGE O OPEN SPACE RE RESICENTAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SO SPECIFIC DEVELOPMENT 05 ARTERIALCOMMEROIAL P PROFESSIONAL SP SPECIFIC PLAN 17 FIRK- CA GWIAERCIALRESIDENTWL PCD PLANNED COMMUNITY DEVELOPMENT us.aA rAlu ao OPO AE. ND W TI.lE PES:aA r ".X N 5569 3333 EM8 MO rtF9 :19 _ >OOP,EPDaIE 11 .1AE .5 1 XIiS • ♦ DISTRICT • I PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA REI'Ye E. ..S^R53 T8 7`5A 33 - - W v E i� tp The complete Environmental Impact Report is a separate document of the staff report. The EIR can also be found at the Planning Division public counter and on the City's webpage at http://www.santa- ana.org /pba/ planning /ParkViewatTownandCountryManor .asp C�'i'TQ%- . 75A -34 City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology, of the approved general plan amendments that have been incorporated into this document since the motprchensive update of the General Plan Land Use Element adopted by the Santa Ma City Council February 2, 1998 (GPA 1997 -05): GPA 2014 01 foeudion) GPA 2007 02 (June 18, 2007) GPA 2004 -06 (July 6, 2004) GPA 2000-08 (February 5, 2001) GPA 2011 -03 (March 19, 2012) GPA 200F01 (March 19, 2007) GPA 2003 -02 (June 16, 2003) GPA 2000 -03 (December 4, 2000) GPA 201142 (June 6.2011) GPA 200601 (October 2, 2006) GPA 200301 (Febmary 18, 2003) GPA 2000 -02 (November 20, 2000) GPA 201001(June 7, 2010) GPA 2005 -01 (December 5, 2005) GPA 2002 -01 (September 3, 2002) GPA 1999 -02 (October 18, 1999) GPA 2008 -02 (July 20, 2009) GPA 2005 -02 (October 17, 2005) GPA 200203 (August 19, 2002) GPA 1999-01 (August 16 1999) GPA 2007 -03 (May 18, 2009) GPA 2004 -01 (April 5. 2005, as passed by GPA 2001 -03 (February 19. 2002) GPA 1998 -04 (October 5, 1998) GPA 200403 (February 2. 2009) the voters of Santa Ana) GPA 2001 -02 (January 7, 2002) GPA 1998 -05 (September 21. 1998) GPA 200M1 (May 5.. 2008) GPA 200404 (July 19, 2004) GPA 200009 (May 7 2001) GPA 1998 -01 (May 4, 1998) 835 FMM & _,! ;l ; : :: :!! /`. 75A-36 LAND USE ELEMENT The City established development intensity standards in 1988, for nonresidential land use designations. The standards measure intensity through the use of Floor area ratios. The floor area ratios proposed for the City's major commercial corridors are expected to remain in place over the life of the Land Use Element. The basic character of these corridors is not expected to change significantly during that time. Those areas of the City proposed for the most intensive levels of development include district centers, professional and administrative office districts, and several other commercial centers with a unique character, or special development concerns. Some of these areas correspond to those for which Specific Plans have been prepared. The proposed floor area ratio(s) for most of the City's commercial corridors allows structures of two to three stories with surface parking. The major development areas -the District Centers and Professional/Administrative Office Districts along Tustin Avenue and East First Street -allow mid -rise and high -rise buildings with structured parking. These areas are expected to generate the highest level of development activity in the City as centers of commerce. These areas are listed in Table A -2 and are shown in Exhibit A -4. The floor area ratios indicated in Table A -2 are the maximum building intensity allowed for development. Table A -2 Key Area- Floor Area Ratios Area ProjectlArea 1 MainPlace — 2 — City Place _ 3, North Main Street 4 North Broadway 5 _ _ _ .Museum District 6 Hutton Development FAR 2.1 — 2.54 - 1.5 1.0 1.5 1.0 7 Civic Center Specific Development Plan 1.0 8 Midtown Specific Plan _ Civic Center Downtown _ _ Orange County Register Xerox Center Development First StreetlTustin Avenue _ Bentall Center Development 2720 Hotel Terrace Drive 1951 East Carnegie Avenue 1 4040 West Carriage Avenue Lake Center Development 0.5 -1.0 9 10 12 13 14 15 1.0 3.0 1.15 3.29 1.0 1.5 1.0 0.55 0.47 �— _ 0.72 _ 16 _ 17 18 19 20 _ 21 — 22 South Coast Metro 1.0 - _ 2.0 1.0 - - -- - -- MacArthur Place North MacArthur Place South -- - -- — — Pac Tel Office 1.5 A -12 CITY OF SANTA ANA GENERAL PLAN 75A -37 ..... 06 — /G UL a-D < {} § sm cl) > U) LL § \!((§] /�] \ {)� /) \� \/� ) |�{ cts � | § | § | \ | |� /j�) \� j� / |� \ [ §| `�' 75A-38 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: • The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single- family homes. This designation applies to a large proportion of the City (6,466.0 acres) representing 47 percent of the City's total land area. • The Low- Medium Density Residential (LMR -11) designation applies to those sections of the City which are developed with residential uses at permitted densities ofup to 11 units peracre. The land area included in this designation is approximately 433.7 acres. The great majority of the land designated as Low- Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 377.0385.3 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple - family development projects. CITY OF SANTA ANA GENERAL PLAN 75A -39 LAND USE ELEMENT Mixed Use The Land Use Plan provides for two distinct mixed use land use designations. "These designations allow for both vertical and horizontal mixed use developments, with an emphasis on linkages to a range of transportation options: The District Center (DC) land use designation includes the major activity areas in the City. Seven areas of the City, totaling 521.7 513 - 4--acres, are designated as District Center. The intensity standard for the District Center designation ranges from a floor ratio of 1.0 to 5.0. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high - rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within some District Centers are allowed at a density of up to 90 units per acre when developed as an integral component of a master planned mixed use project. In Metro East, Downtown, and Transit Village District Centers residential development intensity is based on a combination of floor area ratio and zoning overlay and /or development standards. Some District Centers serve as major retail and employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ana include the following: • The Main Place /City Place District Center includes a regional shopping center and office complex as well is.. Additiona high intensity housing and mixed -use development is�ntieipated fee this discriet. • The Museum District located between the Downtown and MainPlace /City Place District Centers is proposed as a major office/cultural center which will be developed over the next 15 to 20 years. The area will focus upon the expanded Bowers Museum, the Discovery Science Center and the construction of additional museums and cultural centers. • The Downtown District serves as one of the County's major employment and governmental operations centers complemented with a mix of residential, commercial, and services uses to enhance its urban vibrancy. Emphasis on streets that accommodate all modes of transportation, including mass transit, pedestrian and bicyclist is key in this urban setting. 21 CITY OF SANTA ANA GENERAL PLAN 75A -40 Exhibit A -5 Major Development Areas LAND USE ELEMENT IAYFIA GAR'JEN OM[ME BL r— �. 1 I !RASE AY I ` SAWACV A AY. mH 5,- r] L iNJ 4 s 7 WAWiWSEO A. wm 5i i [MC 4NlE0. BR ' y 9nl 51 $ANIAANA BI' / 8 I51 51. i of nlESmm Al 1. 9 � L N N[fAOEEN AV. I l.L. ^y� EmNBER AV. 3 i : yy e 9 g wARNeR nv. SERER$ �1 5, 6 5 P N,EN AV. ALl. Al %o .1 AlnuoeHBRBL J 1 - MainPlace /City Place 2 - Museum District 3 - Downtown 4 - One Broadway Plaza 5 - SoutIncoosl Metro b - MacArthur Place kR' L 7- Tustin Avenue Corridor �.�.� ary Lirn7ts 8 - Metro East 9 - Transit Village 0 0.6 1.2 Miles CITY OF SANTA ANA GENERAL PLAN 75A -41 LAND USE ELEMENT interagency Development Review Committee (DRC) to ensure consistent and comprehensive application of City regulations and policies for all projects. • Redevelopment Plans. The City will apply redevelopment tools associated with the implementation of the adopted redevelopment plans, as appropriate. The City will encourage the further development of industrial, commercial, and residential projects in suitable locations to strengthen the City's tax and employment base. • Special Studies. In certain instances, a special study may be required to address a particular issue. In these cases, a specific effort to identify staff resources needed to conduct the appropriate investigation and analysis will be identified. • Zoning Code Review. The zoning code serves as a primary tool used by the City to regulate development. The City will develop a program to revise the Zoning Ordinance to ensure that development regulations and standards are consistent with community needs and high quality development. The City will initiate appropriate changes to the ordinance to ensure, where appropriate, conformity between the Land Use Element and Zoning Map. LAND USE PLAN BUILDOUT As indicated previously, the City of Santa Ana has been almost completely developed for many years. As a result, any new development will necessarily consist of redevelopment and infill development on the remaining vacant and underutilized parcels. Many parcels with nonresidential land use designations will never be developed to the maximum intensity permitted under the General Plan. Table A -4 indicates the development possible under the build -out of the Land Use Plan. The build -out for residential land uses considered two scenarios. Effective build -out for residential development is calculated by adding the 15,168 ++,8,60-units possible in the areas designated as District Center to the existing 74,588 units presently fount{ in the City per Census 2000. Theoretical build -out for residential development considered the development possible ifall ofthe areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build -out figure represents a more realistic estimate of future residential development. As indicated in TableA -4, three of the non - residential land use designations have a range in FAR intensities. For the non - residential land use designations, effective build -out considered the development possible under the lower range of FAR intensities while theoretical build- outconsidered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. CITY OF SANTA ANA GENERAL PLAN A -3; 75A -42 LAND USE ELEMENT As indicated in Table A -4, between 7(I$567H,66t-to 89.755 99748-housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout scenario are a reflection of the higher density multiple - family developments constructed in the 1970's and 1980's. However, the purpose ofthe Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless ofthe character ofdevelopment. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A -4 up to 37,678,572 square feet of commercial and office development, and 42,892,704 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. a -34 CITY OF SANTA ANA GENERAL PLAN 75A -43 LAND USE ELEMENT Industrial IND 2,188.2 FAR 0.45 42,892,704 sf 42,892,704 sf Institutional' INS 796.3 FAR 0.2.0.5 6,937,758 sf Table A -4 Open Space OS 1,017.8 FAR 02 8,867,509 sf 8,867,503 sf Subtotal 1,814.2 Land Use Plan Build -out Capacities Intensity/ Effective Buildout' Theoretical a Land Use Acres Density Buildout Low Density Residential LR -7 6,466.0 7 du/ac 45,262 du Low Medium Density Residential Uvi 1 433.7 11 du /ac 4,771 du Medium Density Residential MR -15 377.0 15 du /ac I 5 655 _ 316 ++9 du Subtotal 7 276.7 89.755 55.688 .,2815 , .. du' S., &F ?du District Center Downtown Oc 62.5 FAR 3.0 2,057,824 sf 1,661 du 2,057,824 sf 1,661 du Metro East DC 98.3 FAR 3.0 3,245,185 sf 5,551 tlu 3,245,185 at 5,551 out Transit village DC 51.4 FAR 5.0 402,864 sf 2,761 du 402,864 sf 2,761 du Othef DC 309.5 90 du /ac 11,955.583 3017 23.764.534 3017 _ 301+2 FAR 1.0 -2.0 44,908,95 n at ___2q49du 2 3:617,901 sf ". du Urban Neighborhood UN 148.1 FAR 0.5 -1.5 4 724,249 sf 2,177 du 724,249 if 2,177 du Subtotal _ 665.7 i — 18.385.705 15168 —. 30.194.656 1515 1fi8 65&4 .0 14,2- 23�","" at 44-960 du 30,048.2,11 -sf 14,;860 du Professional & Admin. Office PAO 633.0 FAR 0.5 -1.0 13,787,219 sf 27,574,438 sf General Commercial GC 1,071.6 FAR 0.5 -1.0 23,338,795 sf 46,677,589 sf One Broadway Plaza District Ch" OBPDC 4.3. FAR 2,9 543,193 st 543,193 at Subtotal 1,709.9 37,669,207 sf 74,795,221 at Industrial IND 2,188.2 FAR 0.45 42,892,704 sf 42,892,704 sf Institutional' INS 796.3 FAR 0.2.0.5 6,937,758 sf 17,344,394 sf Open Space OS 1,017.8 FAR 02 8,867,509 sf 8,867,503 sf Subtotal 1,814.2 15,805,267 sf 26,211,903 at FAR =floor area ratio; d.u.= dwelling unit; s.t.= square feet (of Boor area). Acreage shown in table does not include roads m right -of -way. i Effective capacity for non- residential development assumes development possible under the lower range of FAR intensity standards with Be exception of the Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas. The Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mature of residential and non - residential development based on the zodng development standards. Residential effective capacity was calculated by adding the 15168 4al-lunits possib ll in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. Y Land use designation permits both residential and non - residential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residentiaL with the exception of Town and Country Manor protect intended for continuum of care and houi;ind seniors. ' Land use designation permits high intensity office development with ancillary retail use. This table ,has been revised to correspond with the GIS Land Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN 75A -44 SPECIFIC DEVELOPMENT PLAN NO. 87 Town and Country Manor SECTION I — APPLICABILITY OF ORDINANCE The Specific Development zoning district No. 87 for the Town and Country Manor project site is authorized by Chapter 41, Division 26 Section 41 -593 et seq. of the Santa Ana Municipal Code. SD No. 87 contains the specific standards and regulations contained in the residential and commercial districts, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless superseded by regulations contained in this ordinance. SECTION 2 — PURPOSE The Specific Development Plan No. 87 for the Town and Country Manor campus consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. SECTION 3 — Uses permitted in Specific Development No. 87 The following uses are permitted in the SD -87 district: (a) Continuing care residential facilities for seniors including: ('1) Independent living facilities (2) Congregate care facilities (3) Assisted living quarters (4) Skilled nursing facilities (b) Churches and chapels (c) Child care facilities SECTION 4 —Uses subiect to a conditional use permit in Specific Development No. 87 (a) Continuing care residential 'facilities for persons other than senior citizen (b) Wireless communication facilities EXHIBIT 1.1 Page 1 of 4 75A -45 SECTION 5 — Mhrhnurn lot area in Snecific Development No. 87 Lots shall have a minimum lot area of 8 acres. SECTION 6 — Minimum street frontage in Specific Development No. 87 Lots shall have a minimum street fi-ontage of at least 250 feet. SECTION 7 — Building height in Specific Development No. 87 No structure shall exceed 125 feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure. SECTION 8 Lot coverage in Specific Development No. 87 No more than 60 percent of the lot shall be covered by structures. SECTION 9 — Front vards (Lawson Way) in Specific Development No. 87 There shall be a front yard of not Less than 17 feet from the street. SECTION 10 — Side yards (Memory Lane) in Specific Development No. 87 There are no side yard requirements, except that on corner lots the side yard adjacent to the street shall have a side yard of not less than 20 feet. SECTION 11 — Rear vards in Specific Development No. 87 There are no rear yard requirements, except that rear yards adjacent to a residential use shall . have a Landscaped setback of at least 5 feet. SECTION 12 — Development standards in Specific Development No. 87 Lots in the SD No. 87 zoning district shall comply with the following standards: (a) Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. (b) A landscaped planter not less than 10 feet in width is required along any property line that abuts any property which is neither zoned or has a general plan land use designation. (c) All storage shrill be conducted within a completely enclosed building. Page 2 of 4 75A -46 SECTION 13 — Parking standards in Specific Development No. 87 Off - street parking in the SD -87 zoning district shall comply with the standards set forth in Article XV (Off - Street Parking) of the Santa Ana Municipal Code except for the following: (a) The minimum off-street parking requirement for senior citizen establishments, pertaining to spaces reserved for residents who are 55 years of age or older, are as follows: (1) One space for each one bedroom unit and one and a half (1.5) spaces for each two bedroom unit, (2) Of the spaces required by subsection (a), at least one space shall be in a garage or under a carport. (3) In addition to subsection (a), Brest parking spaces shall be provided in an amount not less than 15 percent of the required parking under subsection (a). SECTION 14 — menage standards in Specific Development No. 87 Lots in the SD No. 87 zoning district shall comply with the following standards: (a) Signage shall comply with the standards set forth in sections 41 -850 through 41 -1000 of the SAMC, with the exception of the standards identified below. (b) One freestanding sign identifying the facility can be located on Lawson Way and may be a maximum of 18 linear feet (height plus length of sign). SECTION 15 — Landscape standards for Specific Developrent No. 87 In the SD No. 87 zoning district, all yards shall be landscaped. The site shall comply with the following minimum requirements: (a) Front /side yard facing a street: (1) Two 24 -inch box canopy trees. (2) All trees shall be double- staked. (3) Six five -gallon size shrubs and 10 one - gallon size herbaceous perennials /shrubs as afoundation planting. Page 3 of 4 75A -47 (4) Turf or acceptable dry climate ground cover: i, Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well - rooted cuttings from flats and planted at appropriate spacing for that particular plant material. (b) Irrigation systems: (1) A pop -tip sprinkler type irrigation system shall be provided for all yards (2) The use of "xcriphytic" or dry climate type plant materials is encouraged. hrigation systems may require special fittings to properly water dry climate plantings. (c) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the stricture. (2) Any enclosed structure for utilities must not encroach into any required setback. (d) Maintenance: (1) All plant material shall be maintained per section 41 -609 of the Santa Ana Mmiicipal Code. Page 4 of 4 75A -48 Mitigation Monitoring and Reporting Program for the Environmental Impact Report Park View at Town and Country Manor Project Santa Ana, California Prepared for: a,s of '�. o ; .0r'paa City of Santa Ana Planning and Building Agency 20 Civic Center Plaza /M -20 Santa Ana, CA 92702 714.744.7220 Contact: Vince C. Fregoso, AICP, Principal Planner Prepared by: Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 714.508.4100 Contact: Tom Holm, AICP, Director April 8, 2014 EXHIBIT 12 75A -49 r� of �N o i dC aIL N 00 N = N dp) m Q C O O `£ E E 7 A d O m K G C aR .5 tV b G N •p C u ^p •O. bn O O( u b9 O Ua C U 'U F,; UU Uad U w C M � N roIt c �v CO O •� �J O p 'GC N d UU a; Uwe o b O o U U U I a nn C bn C m C o p N on C do 75A -50 do C U � ^' 00 � N Q vl cr-r °J t G'Gro en ^' U •� itl O .G v O C U b v N N r C ^G O C N u N S 4. o o c r .V .S Y� a cb o 5 L O o c n °'0 o P_ O a U N .O O' to U '� 6 O L 9 'S O LO O to. u C F N C O C 4ry -• C o M C w C .d p Pn N ,'dJ �' N ,.0 O � .O �i� ; ¢`Ji 0J ICJ d a'v 75A -50 g I c '3 � en � o �'a •„ 3 N i N m o > E � .. .. v 1U c oU 0TbCj� — o aTL' O��� y j �•c �.a ._. CO 3� CY N d D � ❑ O •C o 7 9 N T N C C b4 .0 i N N ro �C N N 6b i m N •O +� �p � I •H N .0 � N K-2 I O 'L' O C P. I N U ;� }� vt 0 a �i U O. vN .3 'o I,., v sN•. ', O �I a � o J nn yO o ❑ bum v „' �.. v .o '. .°. o c A a G T C d G G a I p y FQ U d W tai i 'd R7 i d fA eC C1l ,. d d w G d t/J bC0 N v V1 by T T Z 4.. C Ei D� °U °U !b b0 O 4 Uad U a clad w u Uwd ua,d u I quad I S .y 2 �NN O1. C I Yn N y Yn E ,E b e A d g C O E 75A -51 '3 � en � o �'a •„ 3 N i N m o > E � .. .. v •o d" c oU 0TbCj� — o aTL' O��� y j �•c �.a ._. CO 3� CY N d D � ❑ O •C G O b w 7 9 N T N C C b4 .0 i N N ro �C N N 6b N •O +� �p � I •H N .0 � N K-2 O 'L' O C P. I N U ;� }� vt 0 a �i U O. vN .3 'o I,., v sN•. ', O �I a � o J nn yO o ❑ bum v „' �.. v .o '. .°. o c a T d ° a �3 d 75A -51 d 0 as j N y _C 0 bb G N Oq Uw6 u G G p O u V1 b0 u ° T G N G G ti W p O uF, UU Cq V1 to U p C_ ° G a T N C G .:': !tl bq O O Ua t UV C o b0 ° G N bq a IF U C C O O G fNnN to W G T p ° G C G N G �,� tl9 O O!d Uwd UU C W C T p C C y C GJ C bq O VPd V •E d O U O U C N C b9.t A Vl III y to f rO i �N OW �� N u L N L S O "O O:D N J] 0 w O 6 y y 7 0 w hd o u d' � nl PLr E 0 ❑ F' ° K v° 'd y w y o' !2 4 [J N y y N U cl p'U N d .NL ro ^LJ Yn N O N� �.• U N p N N � _ In m ro i In 0 ,G '.. .n E ,c'@ > y 0 .� to o O O .Q I� G C d to bo C" c o o U p d 3 I, 3 o' A .c Rc 75A -52 C i m; _w E U U p, i,� d 3 C O IL? Nom. m. a D:U d OI N U Nq� W .Cn VadUUw G I Nc,b I m to O O O 3adUUw cNc 'C E 06 O O �aduu CC to U U 3 2 0 0 0 Nom" w 4? O bA v O N '� U C 0'p C N N b N O••v�i itl C by �• N RI N ty U> > DO N tC0 G 0 6 W .E :C R rA G r bn •G ti VN G 0 Ory O ro p C N O nn.EV Nom' N v. p ro ro Y y° C E v �� N O Gr '� `✓r t W : 6� l O N � K b9 5.2-2 .Y rE' v 0 7 0 , N-d' ro � bb= bad N O. N U � G G� d G rn •O bn J 'IO N o.o :E'�NNw-.: Cum .nwO yP1NC� c._.. r> G F° w O y LN C E� N .yO pp `anFdOp�NaQ'GU iO A•i. G.Nu -i yO bq b C i.� E ❑ c m 'n > E.w —s.p .Q,: Q,m° uE� G " E °��e'.uc..SOa�i�va.._ 0%n °"�� CL c' O ✓ a A C �m G j 5 C c1 �ri u. vyr _ o v a ;o .L., G .v':.CE N 'd O O: eV C CCJ L c 75A -53 'r. a V 75A -54 d p m E o: ;v `o I - - c c b dA yaj�w = ¢Emq c a a CL N❑ ni ua a, w C Ua C c a uwa vu r- _._Uw 0 O N .� 0 C _ w0 .0 U F U > Ol I I � C Cd.I N C G b C b •c > E.y c a i N > a N CO () b S V L •v 'v J] i ro U L rn C O C C O N 'O O M .f� .. O C' 'D E w ( c. G "C a C C a �� y y `w -a F. v t o c &•o m L° y o 5 ,5 .E rE C'> o N N "N 'n s v._ Uu.� v o,o •��:9 O'G',vNi yWNj aN„4a Oy'd .a�� °> 2 N G U u o -R o > E p i. C bn m °- i N U G N N L 'V o rcr�� =' i O `P-i •C •O O b0 ❑ C. O C .0 N 3 'O U N r_ bn > bn C •2 W 3 ^ % 60 ° E �• .d . c v 'E `= ° 8 p .G 'b o v. �o a U t 0.- •� ,' E o 3 7ab�A y ^o ICJ °o 7'E qro °'dC >�;co o. F'V •y = e N a 01 G vi T� d N Gn C d bO U N rR q e > m w° ni U N F4 4 is v O C y W1 C ] y > C 4. .d y b ro m'° :° o a'U �' o w.E❑ ° 3 a N 04 1> l N t9J raj tit vai U •N a O p itl 4: N .'° C O P- G a Y .Y v .a � W Ca N� M O Y, ro m O U C 'O i•G z o •v p 7 G1 WO Fl+ O C O 9 M W e e Va i• O wN" .b Vy' F O. z O '� Ti k q > W t� 2 Z� N 'd j .>+ 75A -54 iC R E E 0, 0 to CL CL Cad dd¢ u P. a P. P, 0 o o i 0 CD a 46 0 uCo P, U 0 aU0 IaU0 .5 C GO 0.2 75 E C4 > 0 pu °WO 0Y' CbG m E C—m n m rz 2 r 0 45 E o Q a R O'l �v u g > 0 6 u > �E dd E 0 •m 0 = U y 0 2 o �mu — 0 0 Y -: v b = u 0 4 `i'u L) 21 0 > 80 rz E o 04 U 75A-55 c O m y g c E 0 U O _... C O � m A o :. Q £ i O U N •C � v P +u o 4 V tii.� C v t� P,u a o 4 U N O V tGd �� o � _ � o � � P..u0 PC,UO N Y v y T U I N b0 I N pNq N N N N y p '' c � .a G � .n• � � •a N � .n. c � ,n• w° U w w° wN^. ro ° o o n° N I N N i y y •o p, .-• .Q ,a o Z,s .o •o P. r� U P,, a = U u '' e. n o :. Q £ O V N •C 'w e� P.UO O U N •C � v P +u o 4 V tii.� C v t� P,u a o 4 U N O V tGd �� o � _ � o � � P..u0 PC,UO N Y v U w O b b0 . 1 0-0 D v o a w° U w w° wN^. ro ° o o n° N I N N i 'G C� 3 y p, .-• T Y p� ti m O b N N I aG �omAy~. ago coo � 2P:o mho"❑ p ° 0 U `r• '3 :.% b N V id •fl. N U b ro G G L NT 3 � U D ';n G V O O O C m N .0 W i v' G vi � b➢ � Sm p 0 bll 'C 'C N O i ❑ O N N _Y N O n) G RGt v �v.cM rJ- C Q7 u" FL � cbtl � � aCj' ?• Fri Si, fG o C 'Nd I � N n � � u � 75A -56 C O:� m a 0 U( O. C' O V m O d mY a� C i CL N C N W za O O A C'm E_0 ra E N d N m 2 E U, U UY C �NN Q� 7 n C a v G C ro N� 7 C C C U G U °° •� u v I V�i b0 �i N bn j � O G G N C'o •o^ L'" m to ' v N 7 O — O ^ p n R 'U O PG L O C Yl O •C C N O �F F � O O^ G v Y' c�u •o � nu .o �'` m nvn N '� �' m on 'o •� U w d w C,1 w •�- G C ro N� 7 C F U U °° •� u v I V�i b0 �i N bn j � O G G N C'o •o^ L'" m to ' v N 7 O 75A -57 v G !' C V. .C+ dtl c o b w a ro � O O N ! G v ! N � bUhl I U � O U 9 U U N T d L O c — ro N �v U d N, C y U T ro � T to U G b0 ;� C O ! � O c_ w ! N L U U °° •� u v v � v j � G G I (} O U v N 7 O — O ^ p n R 'U O PG L Q v O � m •�- LL U O 0. V O 0. U N U U O v y.. 0. O 75A -57 v G !' C V. .C+ dtl c o b w a ro � O O N ! G v ! N � bUhl I U � O U 9 U U N T d L O c — ro N �v U d N, C y U T ro � T to U G b0 ;� C O ! � O c_ w ! N L U N O C U j � G G O v N — O ^ O PG L O � c w ro O N U O N I 6 ❑� I iC G U C 4. ro y c `^ i � U N 6Y N titi�j H ! U V u 75A -57 v G !' C V. .C+ dtl c o b w a ro � O O N ! G v ! N � bUhl I U � O U 9 U U N T d L O c — ro N �v U d N, C y U T ro � T to U G b0 ;� C O ! � O c_ w ! N d O i1• 2 F- m d r� u C C a L ll a W d N 'C N ro 3 � a� b m N N O C N A. y d N N C C bA C R 0 0 R U N O N V G ,v. p F d9 I OttlO U F G O c` 0 v v n m N b w cN U N `U Vi d �G a u F 0 0 V U � o G V O � U G 'd G Q L v d I c I b 0 ,G n1 h C i N C � :b .O C v d w L � o � V U L C h C � Q a 75A -58 T Oi d C W G N y � C � U ' c a N W d i W F T O'C G y b CN N v C R `o q r: r b N N N yj C .0 qry I N �•' i P-i d � o ti I I A i O I U O .•C„ R R O V Ni C m 6 ro m I m N bA dU N bA � N bA cl Ca d A N bA qR eeeG� N bA '�G •U � � bA � d v h0 C L u M 0 O ` E b0 O N bNA O ;�L' N bVA O W b l ad d O i1• 2 F- m d r� u C C a L ll a W d N 'C N ro 3 � a� b m N N O C N A. y d N N C C bA C R 0 0 R U N O N V G ,v. p F d9 I OttlO U F G O c` 0 v v n m N b w cN U N `U Vi d �G a u F 0 0 V U � o G V O � U G 'd G Q L v d I c I b 0 ,G n1 h C i N C � :b .O C v d w L � o � V U L C h C � Q a 75A -58 T Oi d C W G N y � C � U ' c a N W d i W F T O'C G y b CN N v C R `o q r: r b N N N yj C .0 qry O bll C P-i d bA o ti �.E I A v u G O O _ ¢. O .•C„ R R O V Ni C m 6 ro m d 'C N bA dU N bA du N bA cl Ca d A N bA qR eeeG� N bA '�G •U � � bA � d v h0 C L u M 0 O ` E b0 O N bNA O ;�L' N bVA O W b l ad a Vw¢Pw bwd a" 0—) w a. d O i1• 2 F- m d r� u C C a L ll a W d N 'C N ro 3 � a� b m N N O C N A. y d N N C C bA C R 0 0 R U N O N V G ,v. p F d9 I OttlO U F G O c` 0 v v n m N b w cN U N `U Vi d �G a u F 0 0 V U � o G V O � U G 'd G Q L v d I c I b 0 ,G n1 h C i N C � :b .O C v d w L � o � V U L C h C � Q a 75A -58 T Oi d C W G N y � C � U ' c a N W d i W F T O'C G y b CN N v C R `o q r: r b N N N yj C .0 qry O bll C P-i d bA o ti �.E I A v u G O O _ ¢. O .•C„ R R U N y C W O a T d O i1• 2 F- m d r� u C C a L ll a W d N 'C N ro 3 � a� b m N N O C N A. y d N N C C bA C R 0 0 R U N O N V G ,v. p F d9 I OttlO U F G O c` 0 v v n m N b w cN U N `U Vi d �G a u F 0 0 V U � o G V O � U G 'd G Q L v d I c I b 0 ,G n1 h C i N C � :b .O C v d w L � o � V U L C h C � Q a 75A -58 T Oi d C W G N y � C � U ' c a N W d i W F T O'C G y b CN N v C R `o q r: r b N N N yj C .0 qry O bll C P-i d bA o U w v O 9 R R U N y C W O a T v 4 d v « .b.A u v � o CCZ N 0O I U •U � � bA � d v � CY � O C•.^_ Y O D W b 4 C : A m ' C C E I O' U. O_ O C N mY, d m D T ' D. m N y Q ' o `Dm me c E d ra E bCA bA b C C G to C y C qq 7 G �Fp C G G Cj C G Q GA 6 0.1 v ¢ P7 U Q 4x1 v 4 Pa u I Q Qj 0.l u G C G C G. t 4 nn�n dw nb�n Qw nw QII n °nom d ° •G F N °'E G N° J F N °� C N °� C L° E r y° G G y :�' N bNA 'o m b0 O 'i..` n0 O .�' m b0 Q L'' d bU o i'• 0 'o L'' 'o^ Uad w Uad a. iUF a` OF a. Uad a Ua4 w UaQ w 75A -59 m m V- v 0 'O i �l C U to O a s I N N r i 0 m O N N (1 U D O 0. C I I i� to G m o L I a U c o ro i s E � pEj N N I � a E 7 F �C � NC E ro w to 0 a m i c to O to �° bA O 9 O b O O ;d O ,ti O ,d O N v ro c i I v i 75A -59 m m V- v 0 'O i �l C U to O a s I N N r i 0 m O N N (1 U D O 0. C I I i� to G m o L I a U c o ro i s E � pEj N N I � v cN �C '6 m � NC E ro w to 0 a m i c b U . Vi � b0 N v o � v N v ro c i m I v i N i N y m W I 75A -59 m m V- v 0 'O i �l C U to O a s I N N r i 0 m O N N (1 U D O 0. C I I i� m I T o ro i s N � y i pEj N N n cN ° O N � NC E � F to 0 a � to G U . Vi � b0 N v � N v ro ;a a E u uN 75A -59 m m V- v 0 'O i �l C U to O a s I N N r i 0 m O N N (1 U D O 0. C c o',� m'« E,— V, o C: 0 u. m a m m Y m w IL D T Ix N y Q m N d O A Ol O O. c m 'EEIn � ❑ yna a ya C y C m T U m s.a yc O, yo c w W C 7 td TJ U `^ b U N •CY U U rob cn ¢ ¢ �n bD ¢ vi nn ¢ ra nn ¢ rn no 5 •CG ( pC O G a' N O �C C N a Ua,¢ P: m N d O A Ol O O. c m 'EEIn � ❑ yna a ya U 3 m T U m s.a yc O, yo c w W os 0 O � a C N f• b Qi N ": Q U m N d O A Ol 75A -60 Y L `S U 4 R �aa5 G C 0 n O O. U 3 m U m v U w o ❑ o wo a m yo c w W > U 0 O � a C N f• b Qi N ": Q U ( pC y Cq A ❑ 'G U W ��: es" ht H o c i C I N � d: � •D H oC � N` rl N� w •2 W C m n U '_ r N y u i 75A -60 Y L `S U 4 R �aa5 G C 0 n I I I I � I l o A I o I I IV O' I O I q I i L � q?J ro� qqb roq 9 ro 9 b0 d to b4 ¢ VI OD b9 U W C ti O G C U O E c V ICI 'maD o 'u'mbn Q roan P, o p 2.'ronp w , U a �mn� a o U 9`2 n4O U . 6 d, C, a _m F Q E .4 'C e'> °''C u .O 'C v .o .' u . ❑ °❑'C s�i O't� cai O u 'G y U ti v u Pr o 0 (1-r U O Q.I U O W U O A a 0 of 75A -61 y I m — ❑ U � G i W U I 7 bf w 3 O 0 bn e4 ,S ! W O j 0 G y' •� j � � i 3 E ro b ro I `� p I, v in ro 0 = Ei G CIAO N b v7yi °..'yq o.S fib,-, � w r o o:o D bll ti O t y c m b= b N bD 75A -61 C' C' m r d �O C'. O m L� O I> d Y d A IL O a CL c d� � Q c o� rn c _E E 't=a E N 7 A rL C O OI C b W � U C T 4, UU 0 3 0 U Q u m o � � u W V O U 4. O G v q .ro E Y O 6J O O_ q ,c C M k p. U T U A E v k O � C � a '7 a 9 7v c A U U L 4 a P q O 04 rn 75A -62 3 Z• ROH - 05/06/14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT N0, 2014 -01 AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2010 -01 AND APPROVING THE MITIGATION MONITORING PROGRAM FOR THE PROPERTY LOCATED AT 555 EAST MEMORY LANE 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. Applicant is requesting General Plan Amendment No. 2014 -01 to amend the General Plan to change the land use designation from Medium Density Residential (MR -15) to District Center (DC) to allow construction of the Park View at Town and Country Manor tower to be built on a 2.5 acre section of the site that is located at the southwest corner of the campus located at 555 East Memory Lane. B. On April 14, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving General Plan Amendment No. 2014 -01 and Certifying Final Environmental Impact Report No. 2010 -01 and approving the Mitigation Monitoring Program. C. On May 6, 2014, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, related to General Plan Amendment No. 2014 -01 and Final Environmental Impact Report No. 2010 -01. D. Currently, the land use designation for this site is Medium Density Residential (MR -15), which allows residential development that does not exceed 15 dwelling units per acre. This project will require amendments to the Land Use Element, including amending the General Plan Land Use designation to District Center (DC) with a General Plan floor area ratio of 1.27. The floor area ratio was derived from the size of the proposed buildings as well as the square footage of the existing structures on the site. E. The proposed project will be consistent with several goals and policies of the recently adopted Housing Element. First, the project is consistent with Resolution No. 2014 -XXX 75A-63 Page 1 of 5 Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community. Second, the project supports Goal 4, to provide adequate rental and ownership housing opportunities and supportive services for seniors, people with disabilities and people needing sportive housing. Further, the project is consistent with Policy HE -2.2 to create District Centers with high intensity, mixed -use urban villages and pedestrian oriented experiences; Policy HE -2.4 to facilitate diverse types, prices and sizes of housing; Policy HE -4.1 to support development of affordable senior housing readily accessible to support services; Policy HE -4.4 to support service enriched housing for persons with special need such as seniors and people with medical conditions; and Policy HE -4.7 to exercise appropriate land use, planning and regulatory oversight over the operation, location and impact associated with social needs housing and facilities. F. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2014 -01 is consistent with the purpose of the general plan. G. As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through an environmental impact report, EIR No. 2010 -01. Sections 15080 through 15097 of the State CEQA Guidelines (Article 7) guide the process for the preparation of an environmental impact report. H. The EIR, as required by CEQA, contains 1) an initial study; 2) a project description; 3) a description of the environmental setting, potential environmental impacts, mitigation measures for any significant effects, and consistency with plans and policies; and 4) names of preparers. The mitigation measures included in this EIR are designed to reduce or eliminate the potentially significant environmental impacts described herein. The scope of the EIR evaluates the proposed project's effects on the following resource topics: aesthetics, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. The City prepared a draft EIR and published the Notice of Availability (NOA) in the Orange County Register as well as posted the NOA at the Orange County Clerk's office on March 11, 2010. The City circulated the draft EIR for a 45 -day public review between March 1, 2010 and April 15, Resolution f 5No. 2014 -XXX Page 2t 75A -64 2010. The draft EIR was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's website. J. Comments were received during the public review period. Pursuant to Section 15088 of the State CEQA Guidelines, the City, as the lead agency for the project, has reviewed all comments received on the document. K. As a result of the environmental analysis, no significant impacts were found from the construction of the proposed project. Mitigation measures have been provided to address potential environmental impacts, with a list of these mitigation measures found within the attached Mitigation Monitoring and Reporting Program. Mitigation measures have been outlined to address potential impacts on air quality, noise, transportation and traffic, utilities and service systems, and climate change. L. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The City Council has reviewed and considered the information contained in Final Environmental Impact Report No. 2010 -01 prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Final Environmental Impact Report No. 2010 -01 meets all requirements of CEQA. The City Council hereby certifies and approves Final Environmental Impact Report No. 2010 -01 and the Mitigation Monitoring Program attached herewith and incorporated herein by this reference, and directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. 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 proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code §711.2 and Title XIV, CCR §735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City Council hereby approves General Plan Amendment No. 2014 -01 and certifies Final Environmental Impact Report No. 2010 -01 and approves the Mitigation Monitoring Program. The amendments to the General Plan are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. Resolution No. 2014 -XXX 75A -65 Page 3 of 5 Final Environmental Impact Report No. 2010 -01 is attached hereto as Exhibit B and incorporated herein by this reference as though fully set forth herein. The Mitigation Monitoring Program is attached hereto as Exhibit C and incorporated herein by this reference as though fully set forth herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated May 6, 2014, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. These decisions rendered by the City Council of the City of Santa Ana are final and are subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the applicant of the Council's decisions and these findings. ADOPTED this _ day of 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Miguel A. Pulido Mayor Resolution No. 2014 -XXX Page 4 of 5 75A-66 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2014 -XXX 75A-67 Page 5 of 5 75A -68 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE TOWN AND COUNTRY MANOR PROPERTY LOCTED AT 555 EAST MEMORY LANE FROM SUBURBAN APARTMENT (R -4) TO SPECIFIC DEVELOPMENT NO. 87 (SD -87) (AA NO. 2014 -01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 87 (SD -87) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2014 -01 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 555 East Memory Lane from Suburban Apartment (R -4) to Specific Development No. 87 (SD -87). The Specific Development No. 87 zoning district (SD -87) would allow the Park View at Town and Country Manor tower to be built on a 2.5 acre section of the site that is located at the southwest corner of the campus. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on April 14, 2014, on Amendment Application No. 2014 -01 and decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2014 -01, which is consistent with the General Plan. C. This Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 6, 2014. D. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 6, 2014 accompanying this matter. E. For these reasons, and each of them, Amendment Application No. 2014 -01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. 75A -69 Section 2. The City Council has reviewed and considered the information contained in Final Environmental Impact Report No. 2010 -01 prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Final Environmental Impact Report No. 2010 -01 meets all requirements of CEQA. Pursuant to Title XIV, California Code of Regulations ( "CCR ") §735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code §711.2 and Title XIV, CCR §735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The real property located at 555 East Memory Lane in Santa Ana is hereby reclassified from Suburban Apartment (R -4) to Specific Development No. 87 (SD -87). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 4. Specific Development No. 87 (SD -87), attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein, is approved and adopted in its entirety. Section 5. 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 , 2014. Miguel A. Pulido Mayor 75A -70 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney 0 Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 75A -71 75A -72 Item 75A A blueprint is on file in the Office of the Clerk of the Council and is available for public inspection during regular business hours, 8:00 a.m. — 5:00 p.m., Monday through Thursday. 75A -73 75A -74