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HomeMy WebLinkAbout FULL PACKET_2014-07-01MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 12, 2014 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 4:15 P.M. ATTENDANCE COUNCILMEMBERS Present: SAL TINAJERO, Mayor Pro Tern P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor ANGELICA AMEZCUA STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council WORK STUDY SESSION 1 REVIEW OF HISTORY, POLICIES, AND OPPORTUNITIES AS IT RELATES TO HOMELESSNESS City Manager Cavazos provided overview of item. 1. Overview 2. City Efforts 3. Best Practices and Model Programs 4. Orange County Commission to End Homelessness 5. Next Steps and Discussion Strategic plan Alignment • Goal 1: Community Safety ➢ Strategy — Collaborate with government agencies and community groups to provide resources for the homeless population • Goal 5: Community Health Livability, Engagement & Sustainability CITY COUNCIL MINUTES 1 JUNE 12, 2014 1 0A -1 ➢ Strategy — Continue to implement the Emergency Shelter and Transitional Housing Ordinance to locate facilities for homeless shelters within Industrial Zones which meet all required development and operational standards. Homeless Population POINT IN TIME COUNT 2011 2013 Orange County 6,939 4,251 Santa Ana (20% of OC total) 1,388 850 Santa Ana Unmet Homeless 1,070 532 Need Homeless population 2013 Point in Time Survey Homeless Subpopulations &WWFindirpe Percent Survey findirpa Percent Chronic Hornless Individuals 28% Severely Mentally III 17% Chronically Homeless Famties 0.4% Chronic Substance Abuse 34% 1% veterans 18% Fernaleveterans 1% Source: County of Orange Point in Tire Survey, 2013 Persons with HIV /AIDS I 3% • SAUSD - highest rate of homeless children /youth in Orange County • 28% of 30,542 total homeless students in Orange County are enrolled in SAUSD Emergency solutions grant (ESG) • Federally funded formula grant • Provides funding to: ➢ Improve the number and qualify of emergency shelters for homelessness individuals and families ➢ Help operate these shelters ➢ Provide essential social services to shelter residents ➢ Prevent families and individuals from becoming homeless ESG Eligible Activities • Street Outreach — essential services (mental health, case management, etc.) • Emergency Shelter — renovation and operation of emergency shelter facilities and services. • Homelessness Prevention and Rapid Re- Housing — housing relocation and stabilization services (rental assistance, etc.) • HMIS - Continuum of Care contributing data. Affordable Housing • Rental Units: 2,355 ➢ An additional 146 units in the development process CITY COUNCIL MINUTES 2 JUNE 12, 2014 1 0A -2 • For Sale Units: 107 ➢ An additional 11 units in the development process • Transitional and Permanent Supportive Housing Projects Developed: 4 • For 13 years, the Housing Authority has contracted with Mercy House Transitional Living Centers to provide Vouchers for program graduates. Homeless Evaluation Assessment Team (HEART) • Established in November 2012 • Civic Center Patrol — officers are trained in crisis intervention • Proactive approach to addressing homelessness in the city and having a positive impact on the quality of life issues • Program is designed to collaborate with Federal, State, and County Agencies, and Non - Profit Agencies to find solutions to individual needs. PUBLIC Safety • Safety Concerns ➢ Visitors ➢ Community ➢ Homeless • Increase in Police Services and Maintenance • Sanitation • Abandoned Property Lost and Abandoned property • Lost and Abandoned Property Policy complies with State and City laws • Property is stored for 90 days and can be claimed by owner, free of charge • Abandoned property is picked up at least 2 times per week • Property is logged and stored • After 90 days, any article of value $50 or more is sold under public auction City Anti - Camping Ordinance • August 1992- -City adopts Ordinance Prohibiting Camping or Storage of Personal Property • Purpose to maintain public streets and areas within the city in a clean and accessible condition. The use of these areas for camping or storage of personal property interferes with the rights of others to use the areas for which they were intended. • Unlawful for any person to camp or use camp paraphernalia in any street, public parking or public area. • Illegal to store personal property, including camp paraphernalia in any park, any street or any public parking lot or public area. Tobe vs. City of Santa Ana • 1995 Supreme Court case that upheld the City's anti - Camping and Storage of Personal Property Ordinance • No violation of plaintiffs' constitutional right to travel • Not cruel and unusual punishment (law focused on "acts'; not "status ") • Law not subject to challenge on vagueness grounds CITY COUNCIL MINUTES 3 JUNE 12, 2014 1 0A -3 • No fundamental right to camp on public property Senate Bill 2 • Identify number of homeless persons within city /jurisdiction • Identify at least one zone where Emergency Shelters allowed by right to meet local homeless need • SB 2 - Emergency Shelter and Transitional Housing Ordinance (September 2013) • Housing Element policy to facilitate Shelters and Housings for homeless persons (January 2014) SB2 Framework Potential Sites: Allowed by Right in Industrial Zoning Districts ➢ Light Industrial (M1) Heavy Industrial (M2) ➢ Industrial Specific Developments (SD) • Total of 995 acres - •; SB2 — Types of Facilities A • Multiservice Center for Homeless ➢ Minimum 150 beds or persons served nightly, maximum 200 beds (only one). Open during daytime with services • Emergency Shelter for Homeless ➢ Maximum of 30 beds, greater than 30 bed up to 150 beds with a conditional use permit SB2 — Salvation Army Expansion Alteration or enlargement of an existing nonconforming shelter permitted: • Existing minimum of 35 bed may expand to 75 beds • Zoning Code signage, building setback, architectural standards and landscape requirements compliance Management and Operational Plan Standard • Include "Best Practices" • Security Plan/ Transportation Plan • "Good Neighbor' Communication Plan • Client eligibility and intake process • Participation in OC HMIS data collection program • Approval of Planning Manager and Chief of Police Best Practices and Model Programs • City Net, Anaheim Homeless Collaborative, presented by Brad Fieldhouse Current Reality Poverty statistics: Nearly 1 in 5 people in So CA live in poverty CITY COUNCIL MINUTES 4 JUNE 12, 2014 1 0A -4 • 15.58% of Anaheln1 residents live below Federal poverty line (family of 4 - $44,700) • About 52,087 people (According to US Census Bureau) Anaheim Schools: • Anaheim City District (1 of 7 districts in Anaheim) • 1,410 housing unstable or homeless Anaheim Police Department: • 503 calls per month in 2013 - mostly "unresolved" Point in Time Count- Anaheim Poverty Task force • 447 in 2013 • 348 in 2014 Start with what was working: 1. 13 groups already committed to help (tip of the ice berg) 2. Anaheim PD HLO and PERT Teams 3. City Council Resolve- "Coming Home Anaheim" campaign 4. Multi service center possibility as part of countywide strategy 5. Faith -based commitments to integrate as strategic partners 6. Poverty Task Force- 15 recommendations 7. And much more ... Not working? Isolated Impact Collective Impact Collaboration — Definina the Relationship Collective Impact - Currer Anaheim City Manager Office Anaheim Fire Department Illumination Foundation Mercy House Pathways of Hope Anaheim Poverty Task Force State College Church It Actors Anaheim Community Services Office Salvation Army OC Rescue Mission Build Futures Knott Avenue Church OCCCO Casa Youth Shelter Anaheim Police Department County of Orange Off the Streets Coast to Coast Nu Tribz Bedrock Creek Church of Power CITY COUNCIL MINUTES 5 JUNE 12, 2014 1 0A -5 Share Information Share Resources Share Planning Share Mission & Values Communication X Cooperation X X Coordination X X X Covenant X X X X Collective Impact - Currer Anaheim City Manager Office Anaheim Fire Department Illumination Foundation Mercy House Pathways of Hope Anaheim Poverty Task Force State College Church It Actors Anaheim Community Services Office Salvation Army OC Rescue Mission Build Futures Knott Avenue Church OCCCO Casa Youth Shelter Anaheim Police Department County of Orange Off the Streets Coast to Coast Nu Tribz Bedrock Creek Church of Power CITY COUNCIL MINUTES 5 JUNE 12, 2014 1 0A -5 of Christ FOCUS Orange County Magnolia Baptist Church The ROCK Church Bedrock Creek Christ Temple Angel Harvest Petrocamp Centralia School District Volunteers of America OC Social Services Sunkist Church Oasis Church Anaheim CRC Zion Church Anaheim Vineyard Acts of Kindness First Light Foundation Drew & Associates VNA Foundation WTLC Anaheim Union High School District Calvary Chapel Open Door Anaheim First Christian Sa -Rang Church Saddleback Church City Net Om a's Angels OCHCA Fullerton ACT Giving Children Hope 211 OC Anaheim Regional Medical Center Lomb of God Lutheran Role of City Net? 1. Help frame current reality (slats, gaps, assets) 2. Lead Multi- Sector Collaborative as "neutral" convener in order to galvanize existing parties and focus on collective impact 3. Define and drive 90 day action plans based on common agenda. Bring execution strategy to passion. SMART goals. 4. Mobilize, integrate and provide ongoing training of faith -based community and community volunteers 5. Project Management Collaborative - First 180 days 180 Day Goals (Q1 -Q2 2014) 1 . 50 homeless households off streets and at least on the path to permanent supportive housing -with surrounded core 2. 14 on -call congregation teams (HHT) 3. Fill Anaheim PD "cupboards" with 6 months of supplies (goal: $32,000) 4. Anaheim PD service calls reduced by 20% Additional priorities: -Secure project matching funds -Support multi - service center /shelter -Identify related health care costs -Asset map homeless resources & 10 gaps Current Update 99 Households (154 Individuals) 12 Congregations • Anaheim PD locker secured; Secured funding from community for monthly payments • 13% ytd CITY COUNCIL MINUTES 1 0A -6 JUNE 12, 2014 Goals to End Homelessness Goal 1: Prevent homelessness to ensure that no one in our community becomes homeless. • 'Goat 2: Outreach to those who are homeless and at risk of homelessness. • Goal 3: Improve the efficacy of the emergency shelter and access system. NEW" EW of �.w� 9 4 � Goals to End Homelessness Goat 4: Make strategic improvements in the transitional housing system. Goal 5: Develop permanent housing options linked to a range of supportive services. Goal 6: Ensure that people have the right resources, programs, and services to remain housed. Goals to End Homelessness Goal 7[ Improve data systems to accurately comic, the need for housing and related services and to Measure outcomes. Goal D: Develop the systems and organizational structures to provide oversight and accountability. Goal 9: Advocate for community support, social policy, and systemic changes necessary to succeed. fi 10 Year Plan to End Homelessness. Mgr t " al`s nm r ,1 TYP Ijru 11, Year ReLlnd Emergency Shelter Site Selection Criteria & Considerations • Located In City of Santa Ana approved SB2 Zone Approximately 20, 000 — 30,000 square foot building In good condition with adequate parking and fenced outdoor areas • $3,5 Million price range forangaisition • Accessibility to public transit Meets environmental & regulatory requirements B ' Next Steps • Community engagement and outreach strategic • Opportunity for Collaboration and Partnerships Senator Lou Correa expressed continued commitment to work collaboratively to end homelessness. PUBLIC COMMENT Tim Houchen, representative of Civic Center Roundtable, official speaker for the task force, roundtable has met with reps from City Manager's office, Police Chief and two councilmembers; concerned that task force notified of Special meeting through County; group formed with goal to end homelessness; would like to be included in decision making and solutions; strategic plan lacks specifics on how needs of homeless will be met and implementation of Plan. Brizy Mae, delegate of Civic Center Roundtable, spoke of personal necessities, cease takings and citations; proposed use of former Orange County Transportation Authority (OCTA) bus station, will be making formal request for use of facility. Carl Brown, member of Civic Center Roundtable, spoke of housing program in Los Angeles, offered in Skid Row, rental fee of $64 a month and Section 8 assistance; permanent programs and services needed. CITY COUNCIL MINUTES 9 JUNE 12, 2014 1 0A -9 • Don Haylock, homeless for past 2 years, request assistance through various services. • Massimo Marin, member of Civic Center Roundtable, urged City Council to sign a Community Benefits Agreement; opined that poverty needs to be addressed to get to root of problem with homelessness. • Igmar Rodas, concerned with police abuse and brutality. • Dwight Smith, spoke of basic survival needs; suggested partnership between City and County to implement SNAP food service. • Robin Cook, remarked that all major destinations provide facilities to homeless; supports use of former OCTA bus station with County taking the lead. • Madeleine Spencer, reflected on personal training and education in the field of homelessness; opined that system is broken; access to public services important including transitional programs, emergency shelters and multi - purpose centers. • Linda Tang, representing the Kennedy Commission, thanked elected officials for conferring meeting on homelessness; opined that there is a great risk of more becoming homeless; suggested additional affordable housing opportunities near public transportation; urged Mayor pledge to join the End Homelessness by 2015 as proposed by Obama Administration. • Steve McGuigan, noted that in 1990's the City Council approved housing for HIV victims; priority for services placed at the time and now vital to allow homeless to integrate into normal life; public safety concern in designating civic center area as park; strong leadership needed to address and provide dignified solutions to problem. • Pete Katz, need to do a better job at protecting and providing services for veterans; domestic violence is cause for many homeless residents; need organizations to come together rather than work in silos; faith based organizations able to help. • Cindy Avila, presented proposal on behalf of Churches for Community; proposal includes list of services available. COUNCIL COMMENTS Councilmember Reyna, thanked staff for scheduling brainstorming session; human rights and dignity issue - need to move forward in that direction; service organizations need to work collaboratively; course of action needed to include input from both male and female, in recognition of each gender's unique needs and challenges; would like to be part of the solution. Councilmember Martinez, noted that creating permanent housing specifically for veterans paramount, need to include in Plan; faith based and non - profit organizations to work collaboratively; strategies that worked in the City of Anaheim to be implemented in Santa Ana; County need to take lead in addressing regional issue; data collection at a regional level important (health and wellness part of Strategic Plan); Police Department implemented HEART Program that has been successful; request City review storage options for homeless. Councilmember Benavides, excited about the energy and commitment to address issue; dignified housing has been created in recent years, but more needed; complex issue; CITY COUNCIL MINUTES 10 JUNE 12, 2014 1 0A -10 recognized efforts by Civic Center Roundtable, Mercy House, OC Catholic Worker, Mama Brizy, and Churches of Community; next steps will be inclusion of Request For Proposal with the County and become part of the solution; thanked Senator Lou Correa for support; check -in center concept appears to be attainable option, asked City Manager to look into idea; Public Safety Council Committee to further discuss. Councilmember Sarmiento, thanked all for attending meeting and advocates for efforts to address issue; thanked Senator Lou Correa for commitment and Orange County Board of Supervisors for Homeless Task Force - City Manager sits on the committee; thanked City Manager for making priority and joining commission; believe that many are one paycheck or illness away from bankruptcy and homelessness; suggested voucher for meals and transportation be considered; issue is regional and should be shared responsibilities of all. Mayor Pro Tern Tinajero, commented on City Council paradigm shift from conservative to inclusionary — City offers translation services, recognizes Harvey Milk Day, community outreach meetings, and dignified and affordable housing; City adopted Strategic Plan that serves as a guide; City Manager has experience in homelessness and will be working with County officials to address matter. ADJOURNED- 6:14 P.M. - The next regular meeting of the City Council is scheduled for Tuesday, June 17, 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 CITY COUNCIL MINUTES 11 JUNE 12, 2014 1 0A -11 1 0A -12 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 17, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:16 P.M. ATTENDANCE COUNCILMEMBERS Present: ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA (5:40 p.m.) VINCENT F. SARMIENTO COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Amezcua, Benavides, Martinez, and Sarmiento. MOTION: Elect Councilmember Amezcua as Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Benavides VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Martinez Amezcua, Benavides, Martinez, and Sarmiento (4) None (0) None (0) Pulido, Reyna and Tinajero (3) CITY COUNCIL MINUTES 1 JUNE 17, 2014 1OB -1 PUBLIC COMMENTS • Steve McGuigan request City Council discuss the Centennial Park real property matter in open session. COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:18 p.m. CLOSED SESSION ITEM - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. THREAT TO PUBLIC SERVICES OR FACILITIES — Pursuant to Government Code section 54957. Consultation with: Santa Ana Police Department, Police Chief Rojas CLOSED SESSION REPORT — See Item 19A. for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:55 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JUNE 17, 2014 10 B -2 CALLED TO ORDER REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:09 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (6:20 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO, Mayor Pro Tern (6:46 p.m.) INVOCATION PLEDGE OF ALLEGIANCE PRESENTATIONS STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council DAVE MITCHELL, POLICE CHAPLAIN WENDY RIOS 1. SPECIAL PRESENTATION by Neal Kelley, Orange County Registrar of Voters "Santa Ana Elections and Registration ". 2. PROCLAMATION presented by MAYOR PULIDO to Frank Talarico for his exemplary citizen participation and service to the Santa Ana community. 3. PROCLAMATION presented by MAYOR PULIDO declaring Santa Ana as a Purple Heart City. 4. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Civic Restaurant in recognition of its recent grand opening and success as a new restaurant. CITY COUNCIL MINUTES 3 JUNE 17, 2014 10 B -3 5. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the following parents who were recognized at the Santa Ana Unified School District's Annual Parent of the Year Celebration: • Christina Aguilera • Bertha Alvizo • Janie Anderson • Monica Apolonio • Maria Arce • Maria Arroyo • Maria Baeza • Mark Bausman • Celina Castro • Gloria Correa • Maria De La Torre • Ramona Escalera • Maria Angelica Flores • Carmen Franco • Angela Galvan • Alejandra Garcia • Maria Garcia • Monica Garcia • Verenice Godoy • Angelica Gonzalez . Maria Hernandez • Martha Alicia Hernandez • Alejandro Molina • Honorina Pineda • Catalina Iniestra • Elizabeth Jaimes • Silvia Jimenez • Blanca Landin • Ellen Leyva • Liliana Lopez • MyLien Luong • Maria Marin • Adriana Martin Del Campo • Maria Mejia • Rocio Mendoza • Teresa Mendoza • Angelica Montiel Oropeza • Elvia Munoz • Asuncion Murillo De Pintor • Leticia Ornelas • John Palacio • Esperanza Parra • Monica Pluma • Sugey Quinonez • Leon Raya • Maribel Reyes • Selene Romero • Margarita Rubio • Isidra Salinas • Maria Eufemia Sanchez • Carmen Serrano • Yasmin Solis • Silvia Taboada • Ramon Tejada • Ver6nica Torres • Guadalupe Verduzco • Adriana Villegas • Claudia Villegas • Norma Viramontes • Juanita Zambrano *Pursuant to Government Code Section 54953(b), Mayor Pro Tern Tinajero participated in a portion of the meeting via teleconference from Holiday Inn Country Club Plaza, 1 East 45th Street, Kansas City, MO 64111 at 6:46 p.m.. The Agenda for said meeting was posted at said location as required by the Brown Act. RESOLUTION (AGENDA ITEM TAKEN OUT OF ORDER 55D. SUBMISSION TO THE VOTERS AT THE NOVEMBER 4, 2014 MUNICIPAL ELECTION: CITY OF SANTA ANA MEDICAL MARIJUANA REGULATION AND LIMITATION INITIATIVE - Planning and Building Agency The following speakers addressed the City Council on the matter: • John Grace, representative of OC Norml and resident of the City of Huntington Beach, concerned that proposed City initiative would only allow 12 dispensaries in the City; opined that Measure overly CITY COUNCIL MINUTES 4 JUNE 17, 2014 10 B -4 restrictive; noted that City of Laguna Woods approved similar ordinance, but due to zoning regulations has not been able to implement. • Steve McGuigan, thanked the City for proposing to regulate businesses; concerned with health and safety issues as well as secondary smoke effects; opined that alternatives available to patients seeking relief; City to contact non - profit and health industries before finalizing ordinance; urge all to work and listen to resident's concerns. • Debbie Tharp, concede time to Sean Donahoe. • Kandice Hawes, principal officer of Political Action Committee that drafted voter initiative; does not support City initiative as proposed; patients and non - profits should be included in discussion; request time extension for pragmatic deliberation of matter; proposed City peal back some regulations and expand the zones to collect revenue needed to enforce. • Sean Donahoe, principal officer of the California Cannabis Industry Association, most operative legislation is SB1262 (Correa), noted that staff report out of date because it does not include State agencies drafting regulations; looking for better regulated industry and revenue targets. • Douglas Lenphere, patients advocate in the City of Palm Springs, urge groups to participate in crafting ordinance; safe and affordable access to medical marijuana; concerned that proposed ordinance will be litigated. • Vern Nelson, representative of Orange County Juice blog, request City include stakeholders in amending ordinance; commented on testing process and reconsider testing language. • Robin Cook, opined that drug dealers should not be allowed in the City. • Marla James, advocate for disabled and seriously ill, presented letter from Matthew Pappas Attorney at Law, opined that proposed ordinance violates the 4th and 5th amendment of the constitution and intend to contest. • David James, resident of the City of Huntington Beach, spoke on behalf of disabled patients; concerned with interpretation of legislation; should be allowed in commercial area too. • Salvador Hernandez, concerned that surrounding area has over concentration of dispensaries near his home; opposed to legalizing medical marijuana. • Thomas Gordon, commented that medical marijuana is to be used for medical reasons; "No" on legalizing for profit drug sale; urged all to take strong stand to protect our neighborhood and children. • Sean Donahoe, Association working with Senator Correa; Bill proposed at the State level in contrast with City proposed initiative; state level enforcement agency considered at the federal level. CITY COUNCIL MINUTES 5 JUNE 17, 2014 1 OB -5 • Paul Lucas, suffers from several illnesses, cannabis provides relief to symptoms; businesses should be allowed where other prescriptions allowed. Councilmember Martinez, commented that issue being considered at the State and Federal level; over regulations are over intuitive and counterproductive; protect quality of life for all; concerned with proposed ordinance, if approved by majority would like to incorporate additional regulations: expand zones and enforcement plan; proposal is zoning and land use issue thus code enforcement to address operations, City to spend significant amount of money addressing illegal store fronts. City Attorney Carvalho, noted that proposed ordinance includes two reservations of rights, including power to regulate in case ordinance is inconsistent with State law or judicial decisions that made proposed ordinance inconsistent; also in area of taxation — recommend establishment of taxation at 10% but authorize staff to set fee at 5% - reserve right to change the tax up to 10 %; it is possible for the City Council to reserve all rights, but must be adopted by City Council before voters decide. Councilmember Martinez, proposed addition of sunset clause of 2 -5 years, conditional use permit and public safety permit with semi - annual renewal; and remove the cap on number of establishments allowed since separation clause included in proposed ordinance. Councilmember Sarmiento, thanked colleagues for having discussion on matter; City approved moratorium about 6 years ago; noted that State allows medical marijuana while the Federal government has not taken position on regulation; City has Voter Initiative Petition that has qualified for the (November 2014) ballot and if approved City subject to mandates; City proposing competing measure to give voters ability to consider options; opined that if City over regulates can be de -facto ban; city resources have not been allocated to enforcement; revenue generated through proposed measure will provide City ability to better enforce; suggest City broaden zones, hours of operation to be consistent with City's inspections; fine cap should be at least $1,000 per violation to be deterrent, not for recreational users, medical purposes only; sunset clause should be included; also, annual review including conditional use permits. Councilmember Amezcua, supports establishment of conditional use permit, annual permit and sunset at 5 years; include language that allows the City Council to regulate. Councilmember Reyna, reflected on medical purposes, however some unknowns, request continuation of matter to consider issues raised. CITY COUNCIL MINUTES 6 JUNE 17, 2014 Councilmember Benavides, City to be cautious in moving forward; asked what is net benefit to the City and residents; threat to quality of life and public safety; difficult to enforce and close illegal dispensaries. Asked City Attorney to clarify medical marijuana vs. dispensaries. City Attorney Carvalho noted that City has moratorium on dispensaries not medical marijuana; users have immunity if have qualified cards; State law does not allow dispensaries; hospitals and clinics are able to dispense under existing State regulations and existing City moratorium. City Manager Cavazos noted that code enforcement and legal department managing cases, more robust program if additional funds appropriated; needs to be City Council priority. Councilmember Benavides recapped City options as presented at the previous City Council meeting; recommend City voter approved ban; asked if proposed ordinance is full proof to litigation and what are threats and can future measures be considered even after voters consider proposal(s) in November (2014). City Attorney Carvalho, noted that City may propose future measures for voter consideration unless a measure fails then cannot be re- considered for one -year after election; also, on litigation exposure City has balanced regulation and pending cases; City venturing into new territory; outright ban is more defensible. Councilmember Benavides, concerned with signature collection practice. Mayor Pro Tern Tinajero commented that City could spend large amount of money enforcing current businesses; supports dispensaries in industrial areas; supports City proposal; voters to decide; support continuance of matter to allow staff analyze issues discussed. Mayor Pulido opined that lack of enforcement has allowed businesses to propagate; asked staff what can be done with the proposed $1 million in revenue. City Attorney Carvalho speculates that proliferation may have started when advocates circulated petition, since it would grandfather existing businesses. City Manager Cavazos suggested that revenue could augment staff in Code Enforcement (5 staff members), an Assistant City Attorney and a Police Officer. Councilmember Martinez concerned with lack of police enforcement; staff to present Enforcement Action Plan. CITY COUNCIL MINUTES 7 JUNE 17, 2014 10 B -7 Mayor Pulido, City to avoid unintended consequences; businesses away from neighborhoods; asked Planning Interim Director Haluza if zoning could be more flexible. Interim Director Haluza suggested that 24 dispensaries may be possible if separation distance relaxed to 500 ft. and continue in industrial areas; Enforcement Plan important and forthcoming; proposing multi -prong approach. Mayor Pulido proposed that revenue generated be used for enforcement purposes; recommend a 2 -week continuance. Councilmember Martinez, asked Police Chief to discuss crime relative to dispensaries. Police Chief Rojas noted that Police Department has responded to robberies, burglaries, trespassing, and loitering; cash based businesses. Mayor Pro Tern Tinajero noted that eradication of existing illegal businesses will require additional resources; policy direction by the City Council needed; need option for voters to consider; proposed measure allows City Council to amend regulations as needed. Councilmember Sarmiento, clear direction to be given to staff; policing includes prosecution, code enforcement and police enforcement working collectively; propose separation be reduced from 1,000 to 500 feet; need City resources to reduce illegal elements that provide drugs to our children and keep off the streets; balance needed. Councilmember Amezcua need to know what city resources needed to effectively enforce. Councilmember Reyna asked if matter could be continued to the July 1 City Council meeting. Councilmember Benavides asked if City could propose a ban for voters to consider; all viable recommendation to be presented and staff to work collectively and receive direction from City Manager; concerned that no enforcement plan in place. City Attorney Carvalho indicated that it would be allowed; measure with highest votes prevails. Mayor Pro Tern Tinajero noted that council majority need to give direction to staff to prepare any other competing measures; supports continuance of matter. City Manager Cavazos requested clarification on council direction as it relates to funding. CITY COUNCIL MINUTES 8 JUNE 17, 2014 ' woo Councilmember Benavides' position is to submit a ban for voters to consider; recognize that enforcement issues exist today; City Manager to present options. Councilmember Sarmiento asked Police Chief if resources help address drug access problem. Police Chief agreed. City Manager requested direction from majority to identify funds for Plan. Mayor Pulido summarized that amendments include following options: reduce separation to 500 feet to allow more flexibility, increase number of dispensaries, bring back ideas on what services the increased revenue would provide, staff to analyze proposals for council consideration; elected official tasked with making good decisions for community. City Attorney Carvalho requested clarification on following areas: should they be allowed in more zones (Councilmember Sarmiento withdrew comment to just reduce separation to 500 feet); adopt additional public safety permit as well as a conditional use permit (Councilmember Martinez affirmed that public safety review needed); include a sunset clause and /or keep reservation clause (Councilmember Amezcua suggest both be included); and whether to include Enforcement Plan funding independent of the ordinance (Mayor Pulido noted that it should be separate discussion). City Manager suggested that Enforcement Plan will be contingent upon factions after measure approved. Councilmember Martinez commented that hiring of additional staff takes 6 -12 months. Councilmember Benavides requested clarification on sunset and renewal options; proposed work study session. MOTION: Continue consideration of matter to the July 1, 2014 City Council Meeting. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Mayor Pro Tern Tinajero ended the teleconference meeting at 9:10 p.m. CITY COUNCIL MINUTES 9 JUNE 17, 2014 10 B -9 CLOSED SESSION REPORT — There were no reportable actions. PUBLIC COMMENT • Samuel Romero, spoke on Agenda Item 75A, concerned with height of proposed project; took offense to some of the comments made at the Planning Commission meeting. • John Raya, TKO Boxing, celebrating 20 year anniversary, invited all to attend scholarship event at Original Mikes on Sunday, July 13th at 1 p.m. • Miriam Hernandez, representing Victory Outreach Santa Ana, supports the City's proposed emergency ordinance to extend operating hours of firework stands (Agenda Item 50A). • Angel Aguilar, representing Victory Outreach, supports staff recommendation of Agenda Item 50A. • Ramon Hernandez, President of the Pico Lowell Neighborhood Association, have produce vending trucks that dispense medical marijuana; concerned with unregulated produce trucks; suggested a task force to address issues; have taken pictures and contacted code enforcement and county officials. • Kathy Raphael, spoke on hoarding issues that came to light after Rita Corpin passed away; shared facts on hoarding and mental issues; suggested mental health industry help address homeless and domestic abuse that often leads to hoarding • Steve McGuigan, invited all to Summer Concert Series at the Zoo, visit curated art exhibit; and Fourth of July event at Centennial Park. • Rick Niedermeyer, spoke in support of extending hour of operations of firework stands on July 4th (Agenda Item 50A); and spoke in opposition to agenda Item 25C - will impact parking spaces. • Councilmember Sarmiento commented on Agenda Item 25C, request City mitigate impacts since regional project will benefit many; also, supports City sponsored 4th of July event. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31C as recommended by staff, with the following modifications: • Councilmember Sarmiento abstained on Agenda 25J due to Campaign contribution donation. • Councilmember Benavides pulled Agenda Item 25C for separate discussion; • Councilmember Martinez pulled Agenda Item 25K for separate discussion; • Mayor Pulido pulled Agenda Item 20B for separate discussion; and • Councilmember Reyna pulled Agenda Item 31 B for separate discussion. MOTION: Martinez SECOND: Amezcua CITY COUNCIL MINUTES 10 JUNE 17, 2014 1OB -10 VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR OPEN MEETING OF JUNE 3, 2014 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. SECOND READING ORDINANCE - ORDINANCE REPEALING SANTA ANA MUNICIPAL CODE CHAPTER 10, ARTICLE XII, PERTAINING TO PROXIMITY RESTRICTIONS FOR REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES - City Attorney's Office Placed on first reading at the June 3, 2014 City Council meeting and approved by a vote of 5 -0 (Martinez and Sarmiento absent). Published in the Orange County Reporter on June 6, 2014. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2862 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING CHAPTER 10, ARTICLE XII OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO PROXIMITY OF REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES CITY COUNCIL MINUTES 11 JUNE 17, 2014 1OB -11 11B. ORDINANCE SECOND READING: REZONING THE TOWN AND COUNTRY MANOR PROPERTY LOCATED 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) - Planning and Building Agency Placed on first reading at the June 3, 2014 City Council meeting and approved by a vote of 5 -0 (Martinez and Sarmiento absent). Published in the Orange County Reporter on June 6, 2014. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2863 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE TOWN AND COUNTRY MANOR PROPERTY LOCATED 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 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. AGREEMENT AND APPROPRATION ADJUSTMENT FOR PARKING ENFORCEMENT SERVICES - Police Department MOTION: 1. AGMT NO. 2014 -134 - Authorize the City Manager and Clerk of the Council to execute a two -year agreement amendment with Central Parking Systems, Inc. terminating on June 30, 2016, in an amount not to exceed $1,401,730, subject to non- substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 12 JUNE 17, 2014 1OB -12 APPROPRIATION ADJUSTMENT NO. 2015 -02 — recognizing $480,000 in the Parking Fines revenue account and appropriating same to the Traffic Division Contract Services expenditure account and the General Fund Non - Departmental Reserve Appropriation account. Mayor Pulido, pleased with City's green efforts, less energy and cost efficient. Councilmember Martinez asked about long term sustainability. MOTION: 1. Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney: • AGMT NO. 2014 -135 - Amend the Agreement with Powerlux Corporation to provide an additional 231 LED Post Ttop streetlights for an amount not to exceed $78,506. • AGMT NO. 2014 -136 - Execute an agreement with California Professional Engineering, Inc., to rewire existing high - voltage streetlight system and install LED post top fixtures for an amount not to exceed $532,450. • AGMT NO. 2014 -137 - Execute and agreement with Southern California Edison to provide funding through On -Bill Financing for the LED streetlights. 2. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2015 -03 - Recognizing up to $230,000 in funding from Southern California Edison into the SCE Energy Efficient Street Lighting revenue account, and appropriating the same amount to SCE Energy Efficient Street Lighting expenditure account for the installation of LED streetlights. MOTION: Pulido VOTE: AYES: NOES SECOND: Martinez Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) None (0) CITY COUNCIL MINUTES 13 JUNE 17, 2014 1OB -13 ABSTAIN: None (0) ABSENT: Tinajero(1) SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14 -021 - JANITORIAL SERVICES - Finance & Management Services MOTION; Award a contract to Commercial Cleaning Systems for a three -year period in an annual amount of $457,000, 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. 22B. SPEC NO. 14 -030 — SOFTWARE VMWARE MAINTENANCE AND SUPPORT SERVICES - Finance & Management Services MOTION: Award a contract to KIS Computer Center for the purchase of a VMware Maintenance Support Contract in an amount not to exceed $42,000, subject to non - substantive changes approved by the City Manager and City Attorney. PROJECTS /CHANGE ORDERS 23A. CONTRACT AWARD FOR GRAND AVENUE IMPROVEMENTS AND WIDENING FROM FIRST STREET TO FOURTH STREET AND GRAND AVENUE STORM DRAIN FROM FIRST STREET TO FOURTH STREET (PROJECT NOS. 081732 & 126604) - Public Works Agency MOTION: 1. Award a contract to Excel Paving Company, the lowest responsible bidder, in accordance with unit bid prices, totaling $3,179,058.24, for the construction of the Grand Avenue Widening from First Street to Fourth Street and Grand Avenue Storm Drain from First Street to Fourth Street. 2. Approve the Cost Analysis for a total estimated project delivery cost of $3,933,432.39. 3. Authorize a payment to Southern California Edison not to exceed $49,400 as payment for the installation of new street lights on Grand Avenue from First Street to Fourth Street. CITY COUNCIL MINUTES 14 JUNE 17, 2014 1OB -14 23B. CONTRACT AWARD FOR LOCAL STREETS RESURFACING USING TIRE RUBBER MODIFIED SLURRY (PROJECT NO. 136787) - Public Works Agency MOTION: 1. Award a contract to the lowest responsible bidder, Roy Allan Slurry Seal, Inc., in accordance with the Base Bid and Alternate A, totaling $961,074.50, for construction of the Local Streets Resurfacing using Tire Rubber Modified Slurry. 2. Approve the Cost Analysis for a total estimated project delivery cost of $1,300,000. 23C. CONTRACT AWARD FOR LOCAL STREETS RESURFACING USING RUBBERIZED EMULSION AGGREGATE SLURRY (PROJECT NO. 146812) - Public Works Agency MOTION: 1. Award a contract to the lowest responsible bidder, All American Asphalt, in accordance with the Base Bid, totaling $1,091,344, for the construction of the Local Streets Resurfacing using Rubberized Emulsion Aggregate Slurry. 2. Approve the Cost Analysis for a total estimated project delivery cost of $1,300,000. AGREEMENTS 25A. AGMT NO. 2014 -138 - LIBRARY AUTOMATION SYSTEM (DATABASE SUBSCRIPTION AND MAINTENANCE SERVICES) - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with The Library Corporation, Inc. in an amount not to exceed $112,739 for a three -year term ending June 16, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 25B. AGMT NO. 2014 -139 - 2014 -2015 SENIOR MEALS PROGRAM - Parks, Recreation & Community Services Agency and Community Development Agency CITY COUNCIL MINUTES 15 JUNE 17, 2014 1OB -15 MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Community SeniorServ, Inc. in an amount of $77,398 to be expended by sub - recipient on or before June 30, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. Councilmember Benavides staff to evaluate the road improvements being made and to determine if the one -time road improvements can be continually maintained. Councilmember Sarmiento, staff to work with the Orange County Water District and the School District to look at utilizing the parking structure at Centennial Park for temporary parking during construction. MOTION: Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Orange County Water District, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 25D. JAIL COUNSELING SERVICES - Police Department MOTION: 1. AGMT NO. 2014 -141 - Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Daniel Achatz in an amount not to exceed $75,000 over a three -year period ending June 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 16 JUNE 17, 2014 1OB -16 2. AGMT NO. 2014 -142 - Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Luis Raul Martinez in an amount not to exceed $75,000 over a three -year period ending June 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 3. AGMT NO. 2014 -143 - Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Felice Stinson Hernandez in an amount not to exceed $75,000 over a three -year period ending June 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 25E. AGMT NO. 2014 -144 - LASERFICHE DOCUMENT MANAGEMENT SYSTEM UPGRADE AND MAINTENANCE - Finance & Management Services MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Compulink Management Center, Inc. for upgrade and maintenance of the City's Laserfiche Document Management systems in an amount not to exceed $485,000 over three years, with the option for two one -year renewals not to exceed $110,000 annually, subject to non - substantive changes approved by the City Manager and City Attorney. Costs are inclusive of Laserfiche Rio software licenses & professional services ($180,000), maintenance for the City and Police Department ($260,000) and scanning services ($45,000). 25F. AGMT NO. 2014 -145 - PARAMEDIC /MEDICAL BILLING AND COLLECTION SERVICES - Finance & Management Services MOTION: Approve and authorize the City Manager and Clerk of the Council to execute an agreement with Wittman Enterprises, LLC for a three -year period beginning July 1, 2014 (based on a contingent collection fee of 6% - year one; 6.15% - year two; and 6.3% - year three) ending June 30, 2017, to include an option at the election of the City to transfer administration, promotion, billing, and collection of the City's Paramedic Subscription Program, subject to non - substantive changes approved by the City Manager and City Attorney. 25G. INITIAL AND PRIOR PLACEMENT COLLECTION AGENCY SERVICES - Finance & Management Services MOTION: CITY COUNCIL MINUTES 17 JUNE 17, 2014 1OB -17 1. AGMT NO. 2014 -146 - Approve and authorize the City Manager and Clerk of the Council to execute an agreement with PennCredit for a three -year period ending June 30, 2017 for collection agency services for all accounts receivable initially placed for collection beginning July 1, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2014 -147 - Approve and authorize the City Manager and Clerk of the Council to execute an agreement with American Capital Enterprises, Inc. for a two -year period ending June 30, 2016, with provision for a one -year renewal, for collection agency services for all accounts receivable previously placed for collection prior to July 1, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. 25H. AGMT NO. 2014 -148 - VENDOR -OWNED INVENTORY PROGRAM FOR FLEET VEHICLE PARTS - Finance & Management Services MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Warren Distributing, Inc. for a three year period, in an annual amount of $450,000, with provisions for two one - year term extensions exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and the City Attorney. 251, SPECIAL LEGAL SERVICES CONTRACT - City Attorney's Office MOTION: Authorize the City Manager and the Clerk of the Council to approve agreements with the firms listed below for legal services at the specified rates, subject to non- substantive changes approved by the City Manager and City Attorney. • AGMT NO. 2014 -149 — With Silver & Wright, LLP for legal services related to code enforcement and police services for three years. • AGMT NO. 2014 -150 - The Law Offices of Gutierrez Fierro & Erickson, a Professional Corporation for litigation services for two years • AGMT NO. 2014 -151 - Lexolution, LLC; for legal services for one year. • AGMT NO. 2014 -152 - The Law Offices of Pyka, Lenhardt, Schnaider, Zell, a Professional Corporation litigation services for two years. 25J. AGMT NO. 2014 -153 - BRISTOL STREET IMPROVEMENTS AND WIDENING (PROJECT NO. 116740 NONGENERAL FUND) PROPERTY CITY COUNCIL MINUTES 18 JUNE 17, 2014 1OB -18 ACQUISITION OF PROPERTY LOCATED AT 1311 NORTH BRISTOL STREET, APN: 405 - 272 -12 - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement with Byung Taek Min and Anna Jae Min, husband and wife, as joint tenants of the property located at 1311 North Bristol Street, in the amount of $390,000 for the full purchase price of the real property and goodwill (if any), subject to non - substantive changes, approved by the City Manager and City Attorney. *Councilmember Sarmiento abstained on Agenda Item 25J due to potential conflict of interest (campaign contribution). Councilmember Martinez, City to evaluate location of bus shelters city wide; ensure that the request for proposal include provision to ensure that the shelters are strategic; portion of advertising space available for community events and promotion opportunities. MOTION: Authorize the extension with Clear Channel Outdoor, Inc., for a period of one year, expiring June 30, 2015 and providing quarterly revenue of $37,500 to the City, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 25L. AGMT NO. 2014 -155 - PURCHASE HOLIDAY LIGHTING FOR INSTALLATION IN DOWNTOWN SANTA ANA ON FOURTH STREET - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to approve purchase agreement, subject to non - substantive changes approved by the City Manager and City Attorney, to provide holiday CITY COUNCIL MINUTES 19 JUNE 17, 2014 1OB -19 lighting fixtures and equipment from Dekra -Lite Decoration Innovation, in an amount not to exceed $24,324. 25M. AGMT NO. 2014 -156 - TRANSLATION SERVICES - Clerk of the Council Office MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Cesar Vargas and Associates for a three - year period in the total amount not to exceed $90,000 subject to non - substantive changes approved by the City Manager and City Attorney. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2014 -08 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BELLA COCINA RESTAURANT AT 1501 WEST MACARTHUR BOULEVARD, UNIT A - JALIL HAERI, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on May 27, 2014, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -08 as conditioned. Councilmember Reyna commented on first North American business of its kind; excited about opportunity for e- businesses. Planning Commission approved recommended action on May 27, 2014, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -11 as conditioned and Conditional Use Permit No. 2014 -12 as conditioned. MOTION: Reyna SECOND: Martinez CITY COUNCIL MINUTES 20 JUNE 17, 2014 1 OB -20 VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 31 C. CONDITIONAL USE PERMIT NO, 2014 -14 TO ALLOW AN OVERNIGHT DELIVERY OPERATION FOR ONTRAC EXPRESS MESSENGER WITHIN THE LIGHT INDUSTRIAL (M -1) ZONE LOCATED AT 1951 EAST CARNEGIE AVENUE - MATT CEREGHINO, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on May 27, 2014, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -14 as conditioned. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS ORDINANCES /FIRST READING 50A. EMERGENCY ORDINANCE AND FIRST READING OF ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 14 TO EXTEND OPERATING HOURS FOR SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY MOTION: 1. Adopt emergency ordinance. (Requires 5 affirmative votes.) ORDINANCE NO. NS -2865 - AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 14 -55 OF ARTICLE II OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN OPERATING HOURS OF SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY CITY COUNCIL MINUTES 21 JUNE 17, 2014 1 OB -21 2. Introduce and hold first reading of ordinance and authorize publication of title. ORDINANCE NO. NS -2866 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 14- 55 OF ARTICLE II OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN OPERATING HOURS OF SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTIONS SECOND: Martinez Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) 55A. RESOLUTION - PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY -PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY- Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -031 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2001 -065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY -PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS MOTION: Reyna SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) CITY COUNCIL MINUTES 22 JUNE 17, 2014 1 OB -22 55B. RESOLUTION - FEDERAL WORKFORCE INVESTMENT ACT TITLE I SUB -GRANT AGREEMENT FOR PROGRAM YEAR 2014 -2015 - Community Development Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2014 -032 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE WORKFORCE INVESTMENT ACT SUB - GRANT WITH THE STATE OF CALIFORNIA, WORKFORCE INVESTMENT DIVISION 2. AGMT NO. 2014 -157 — Execute the Workforce Investment Act agreement between the State of California and the Santa Ana Work Center. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Reyna Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) 55C. CONSOLIDATION WITH THE COUNTY OF ORANGE ON THE NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION - MAYOR AND COUNCIL SEATS (WARDS 2, 4, & 6) - Clerk of the Council Office MOTION: Adopt resolutions. 1. RESOLUTION NO. 2014 -033 - 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 THE ELECTION OF CERTAIN OFFICERS AND ALL OTHER MEASURES AS PROPOSED OR AUTHORIZED BY THE CITY COUNCIL, AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATE'S GENERAL ELECTION CITY COUNCIL MINUTES 23 JUNE 17, 2014 1 OB -23 55D. 55E 2. RESOLUTION NO. 2014 -034 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SYSTEM FOR CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE ELECTORATE IN THE 2014 GENERAL ELECTION TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THEIR STATEMENT IN VOTER PAMPHLETS MOTION: Benavides SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero(1) AGENDA ITEM TAKEN OUT OF ORDER ANNUAL STATEMENT OF INVESTMENT POLICY - Finance & Management Services MOTION; 1. Adopt a resolution. RESOLUTION NO. 2014 -035 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF INVESTMENT POLICY 2. Receive and file the Annual Statement of Investment Policy. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) CITY COUNCIL MINUTES 24 JUNE 17, 2014 1 OB -24 PUBLIC HEARINGS 75A. PUBLIC HEARING — APPEAL NO. 2014 -01 OF SITE PLAN REVIEW NO. 2014 -01 AND TENTATIVE PARCEL MAP NO. 2014 -01 TO ALLOW THE CONSTRUCTION OF THE DEPOT AT SANTIAGO MIXED -USE DEVELOPMENT AT 923 NORTH SANTIAGO STREET — C & C DEVELOPMENT, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on May 12, 2014 by a vote of 5 -2 (Bacerra and Bauer opposed). Legal Notice published in the Orange County Reporter on June 6, 2014 and notices mailed on June 5, 2014. Staff report presented by Interim Planning and Building Executive Director, Karen Haluza Depot at Santiago — Project Site, 923 N. Santiago Ave. Depot at Santiago — Site Plan • 70 -Unit Courtyard -Style Building • Mix of 1, 2 and 3- Bedroom Units • 24% of Site In Open Space • Ground Floor Commercial Space • Approximately 47 Units /Acre • Meets All Transit Zoning Code Standards Approval History • The City released a request for proposals for projects eligible for the use of Federal HOME funds. • C &C Development submitted a proposal for a 70 -unit, multi - family project — the Depot at Santiago. • City Council approved a funding agreement with C &C in May 2013. • Following formal project submittal, community meetings began in October 2013. • Planning Commission approved the project on May 12, 2014. • The project was scheduled for City Council confirmation on June 3, 2014. • An appeal application was filed on May 22, 2014. • Appeal was set for public hearing on June 17, 2014. Basis for Appeal • The Depot project is inappropriate for the location. Transit Zone Policies • Includes standards for the development of transit - supportive projects and uses. • Provides for increased ridership necessary for the success of the proposed streetcar. CITY COUNCIL MINUTES 25 JUNE 17, 2014 1 OB -25 City Housing Policies • City Council commitment to provide dignified housing for people of all income ranges. • State mandate to provide affordable housing. • Demonstrated need for family housing. Project Quality • Project will replace a severely deteriorated industrial site and bring new investment to the area. • The project includes over 15,000 square feet of open space — 24% of total site area. • Of that over 8,000 square feet is publicly - accessible — 55% of total open space. • Developer has a strong track record of delivering very high quality projects. Existing Conditions Existing Land Uses Depot at Santiago — Open Space Basis for Appeal • The Depot project is inappropriate for the location. • The project is a multi - family rental project rather than a lower density for -sale project. • The project will negatively affect property values. • The income of the residents will not be sufficient to support the development of high - quality commercial amenities. Economic Development • Tenants at the project may make as much as $59,000 per year for a family of four. • Housing costs are capped at no more than 30% of income allowing for more disposable income. • The project will bring more people to the area, which is needed to support future commercial development. • The future streetcar project will further enhance the economic development of the area. Commercial Space • The project includes 9,317 square feet of retail space — supports 8 to tenants. • The developer is actively seeking tenants for the retail space and will install the necessary improvements to support potential restaurant uses. • The developer is offering reduced /subsidized rents to attract commercial tenants. CITY COUNCIL MINUTES 26 JUNE 17, 2014 1 OB -26 Recommended City Council Actions • Deny the appeal request. • Adopt a resolution approving Site Plan Review No. 2014 -01 as conditioned. • Adopt a resolution approving Tentative Parcel Map No. 2014 -01 as conditioned. Mayor Pulido opened the public hearing. Appellant representative, Cedric Volk, addressed the City Council; opined that proposed project needs environmental study and address inadequate parking; why not for sale or mixed use instead of rental units; unique opportunity to maximize area; high density; request additional time to address concerns. The following speakers addressed the City Council: • John Raya, opined that project should be approved on its merits; gateway project; quality tenants. • Jason Niedle, opposed to project, lack of public input, submitted letter for the record; light issue at Santiago and heavy traffic with no plan to address; need drop off at The Wooden Floor; insufficient parking; resident issues have not been resolved. • John Lewis, concerned with layout plan, one entry egress for densely populated project • Craig Richenburg, echoed comments by John Lewis. • Dawn Reese, Executive Director of The Wooden Floor, offered support to project commented that 100% of students are attending college; share same philosophy as developer; proposed location at Santiago and Civic Center. • Sean Coolidge, concerned with proposed development — issue with traffic egress; lack of parking and retail plan; request retail study; designate as artist village with studios. • Zabdi Alvarez, spoke in support of proposed project; provide dignified housing. • Carlos Melendez, thanked the City Council for considering comments; supports housing project. • Araceli Robles, request support for project, currently resides in similar area and has made difference to her family. • Marina Ramirez, representing Neighbor Watch, supports low income housing, addressed mix use request; City needs to improve the quality of health and living conditions; prioritize needs of the community. • Mike Balsamo, representing Building Industry Association, spoke in support of the proposed project; better jobs, sales tax revenue and support housing for all income levels; spoke on SB375 and future light rail project that will enhance area and opportunities. • Apolonio Cortes, member of SACReD, supports proposed project; need accessible housing, benefit the overall health of the community. CITY COUNCIL MINUTES 27 JUNE 17, 2014 1 OB -27 • Victor Payan, representing United Artist of Santa Ana, supports project; proposed joint use agreement for use of parking lot across the street; quality of life issue. • Claire Braeburn, executive director of American on Track, spoke in support of the project; impressed with developer and staff because of commitment; dignity, respect and pride given to tenants will enhance all of Santa Ana. • Sean Mill, request support of staff recommendation; track record of developer speaks for itself; sustainable retail needed that will support entire community. • Cesar Covarrubias, Executive Director of the Kennedy Commission, supports staff recommendation; Sunshine Ordinance and council vision has allowed for investment in the community; project will provide quality housing and retail. • Chuck Kelley, concerned that 100% will be low income housing. • Skeith DeWine, commented on vision for the area and art movement; request affordable housing for artists. • Sandra Pocha Pena, spoke on behalf of United Artist of Santa Ana, supports staff recommendation; live -work units in Artist Village no longer available; suggested art vision for area be expanded. Mayor Pulido closed the Hearing. Council discussion ensued. Councilmember Martinez asked staff to clarify traffic concerns addressed by some members of the public. Acting City Engineer, Taig Higgins noted that developer provided traffic study; single drive -way issue will include restriction on left turn in morning and evening hours; traffic signal to be added in the future at Santiago and Civic Center, however other mitigation issues will be addressed sooner with fees that will be collected to off -set costs; Santiago Lofts residents brought forward concerns that the City will address; thanked residents of Santiago Lofts for bringing forth some other issues and some parking will be re- implemented. Interim Planning and Building Executive Director Haluza, additions to improve the project will include synchronization of lights, addition of crosswalks and drop offs at Wooden Floor; parking is more than adequate; street sweeping schedule to be reviewed; several other projects underway that will provide market rate projects; City Council has directed staff to use future affordable housing funds for acquisition and rehab rather than new construction. Also, noted that continuance of matter may jeopardize project funding; developer applying for tax credit; input from the community important. CITY COUNCIL MINUTES 28 JUNE 17, 2014 1 OB -28 Councilmember Martinez noted that logistical mitigation measures have been addressed. Councilmember Sarmiento opined that critical mass of people comes before retail; street car project will allow opportunities to expand amenities; advocate of dignified housing; suggested retail be expanded if possible; as the area is developed, would like staff to take into consideration additional mitigation efforts such as: parking, lighting, crosswalks. Councilmember Amezcua thanked all for addressing the City Council; based on merits will be supporting project. Councilmember Reyna noted that developer has proven track record. Councilmember Benavides said that concerns addressed by developer or staff; recommended architectural elements that will enhance project; color palette to complement other developments in the area; Housing opportunity ordinance includes provision of 15% versus 100% affordable component (market rate housing); funding sought by developer is what is driving the type of project. Mayor Pulido reflected on City projects that have come to fruition because of vision and dream; encouraged MOTION; 1. Deny Appeal No. 2014 -01. 2. Adopt a resolution. RESOLUTION NO. 2014 -036 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2014 -01 AND AFFIRMING APPROVAL OF SITE PLAN REVIEW NO. 2014 -01 AS CONDITIONED AND TENTATIVE PARCEL MAP NO. 2014 -01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 923 NORTH SANTIAGO STREET MOTION: Reyna VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) CITY COUNCIL MINUTES 29 JUNE 17, 2014 1 OB -29 MOTION CARRIED UNANIMOUSLY. ADJOURNED- 11:47 P.M. - The next meeting of the City Council is scheduled for Tuesday, July 1, 2014 at 5:00 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. Adjourn in Memory of Rita M. Corpin 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 30 JUNE 17, 2014 1 OB -30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: ORDINANCE SECOND READING: AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 14 TO EXTEND OPERATING HOURS FOR SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY <�JC� CITY ANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On June 17, 2014, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 6 -0 (Tinajero absent): ORDINANCE NS -2866 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 14 -55 OF ARTICLE II OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN OPERATING HOURS OF SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY FISCAL IMPACT There is no fiscal impact associated with this action. -h Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2866 11 A -1 11 A -2 SRC(6/8/14) ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 14 -55 OF ARTICLE II OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN OPERATING HOURS OF SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Adoption of this Ordinance is exempt pursuant to general rule that the California Environmental Quality Act applies only to projects that have the potential for causing a significant effect on the environment in accordance with Section 15061 (b) (3) of the Guidelines. Approval of this Ordinance granting one additional hour of sales from 8:00pm until 9:00pm will not have a significant effect on the environment because the action will not result in or lead to a physical change. Section 2. Section 14 -55 of Article II of Chapter 14 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14 -55. Sale of safe and sane fireworks; hours of sale. No person shall display, sell, or engage in the business of selling safe and sane fireworks without first having obtained a permit to do so as hereinafter provided. No person shall sell any type of fireworks at any time except from 12:00 noon through 10:00 p.m. on July 1st; from 10:00 a.m. through 10:00 p.m. on July 2nd and 3rd; and from 10:00 a.m. through 9:00 p.m. on July 4th of any year. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 11 A -3 Ordinance No. NS -_ Page 1 of 2 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT: Councilmembers Councilmembers 2014. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2014 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -_ Page 2 of 2 11 A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL TRACT MAP NO. 17498 (806 EAST SANTA ANA BOULEVARD) CITY MA GER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: UNS MWOWW ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2ftl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Pursuant to Section 34 -183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 17498 (City Tract Map No. 2013 -01), for 806 East Santa Ana Boulevard (Exhibit 1), from the owner, City Ventures Homebuilding, LLC, a Delaware Limited Liability Company, and is in the process of reviewing the map for final approval. The lot of this map is zoned for residential use. The Tentative Tract Map No. 17498 was approved by the City Council on June 17, 2013. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of July 1, 2014. FISCAL IMPACT There is no fiscal impact associated with this action. Edwin "William" Galvez, P.E. Interim Executive Director Public Works Agency Exhibit 1: Map 17A -1 F- LLJ NLLJ/�� 1`.1. I�"/�� V I W U- SANTA LL pQ V SANTA ANA City C®und per, July 1, ®01e: July 1, 2014 arc om soot. Tile: BROWN STREET EXHIBIT 1 W pLli/y LL V) r I� W N Z ^O/� 9 . 0 B REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL TRACT MAP NO. 17499 (609 NORTH GARFIELD STREET) CITY MAN ER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: h0 R ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Pursuant to Section 34 -183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 17499 (City Tract Map No. 2013 -03), for 609 North Garfield Street (Exhibit 1), from the owner, City Ventures Homebuilding, LLC, a Delaware Limited Liability Company, and is in the process of reviewing the map for final approval. The lot of this map is zoned for residential use. The Tentative Tract Map No. 17499 was approved by the City Council on June 17, 2013. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of July 1, 2014. FISCAL IMPACT There is no fiscal impact associated with this action. Edwin "William" Galve , P.E. Interim Executive Director Public Works Agency Exhibit 1: Map 1713-1 w w N J w Q SANTA ANA City Council Agenda Dale: P� July 1. 2014 mKoftJow SANTA ANA BOULEVARD lilies BROWN STREET EXHIBIT 1 TRACT MAP NO. 17499 609 NORTH GARFIELD STREET 7 t9 w w t- N nli H w N Z 0 a. REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL TRACT MAP NO. 17406 (620 EAST FIFTH STREET) d /'���CITY A AGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: .. .e WE ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Pursuant to Section 34 -183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 17406 (City Tract Map No. 2013 -02), for 620 East Fifth Street (Exhibit 1), from the owner, City Ventures Homebuilding, LLC, a Delaware Limited Liability Company, and is in the process of reviewing the map for final approval. The lot of this map is zoned for residential use. The Tentative Tract Map No. 17406 was approved by the City Council on June 17, 2013. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of July 1, 2014. FISCAL IMPACT There is no fiscal impact associated with this action. Edwin "William" G61vez, P.E. Interim Executive Director Public Works Agency Exhibit 1: Map 17C -1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND APPROPRIATION ADJUSTMENT FOR THE ELDERLY AND DISABLED SPECIALIZED TRANSIT GRANT CITY MAN PER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with the State of California Department of Transportation (Caltrans) in the amount of $182,000, for a term to expire on March 31, 2019, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing FTA 5310 Elderly & Disabled Specialized Transit Grant revenue in the amount of $161,125 in the Recreation Grant Fund revenue account (no. 16913002 52001) and appropriating the same amount to the expenditure account (no. 16913101 66400). 3. Approve an appropriation adjustment recognizing MSRC grant revenue in the amount of $384,000 in the Air Quality Improvement Fund revenue account (no. 03110002 52040) and appropriating the same amount to expenditure account (no. 03110101 66400). DISCUSSION The City was awarded a Caltrans grant to replace two existing gasoline - powered buses with two Compressed Natural Gas (CNG) buses which will be used for the Seniors -On- The -Go program. The total cost of the two CNG buses is $182,000 with the cost to be shared between Caltrans and City. Caltrans will provide 88.53% ($161,125) using FTA 5310 Elderly & Disabled Specialized Transit Grant funds. City will provide the remaining 11.47% ($20,875) using part of the $384,000 grant funds from AQMD -MSRC #ML 12014 grant award approved by City Council Resolution at the September 16, 2013 meeting. Caltrans will purchase the two vehicles after receiving City's matching funds and the City will assume ownership of the vehicles. 20A -1 Agreement with the State of California Department of Transportation July 1, 2014 Page 2 The Senior -On- The -Go Program is a much needed service to senior citizens who do not have access to personal vehicles or are no longer able to drive. The program provides seniors with transportation to and from City senior centers, and to a variety of social activities, educational classes and seminars. The buses are also used to help seniors with their weekly shopping trips to local markets, mini - excursions, and walking club trips to various locations. Through this program, seniors are able to continue leading an independent, active and healthy lifestyle. The two buses currently used by the program are 2006 - model, gasoline - powered vehicles that were surplused by the Orange County Transportation Authority and then donated to City in 2012. The grant- funded replacement paratransit buses are Alternative Fuel Vehicles powered by Compressed Natural Gas (CNG). These new CNG buses will have lower operating and maintenance costs and reduce the City's greenhouse gas emissions and carbon footprint. Staff recommends City Council approval of an appropriation adjustment to recognize the grant award and authorize City's matching funds as required by the grant. FISCAL IMPACT The appropriation adjustment will recognize FTA 5310 Elderly & Disabled Specialized Transit Grant revenue in the amount of $161,125 in Recreation Grants Fund revenue account (no. 16913002 52001) and appropriating the same amount to expenditure account (no. 16913101 66400). The appropriation adjustment recognizing MSRC grant revenue in the amount of $384,000 in Air Quality Improvement Fund revenue account (no. 03110002 52040) and appropriating the same amount to expenditure account (no. 03110101 66400) will provide the City match requirement of 11.47% ($20,875). APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet Francisco Gutierrez Executive Director Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency fh /wn Exhibit 1: Grant Agreement 20A -2 s'enTt =�rcltrFnavin-- uyv�yt_�S tnnuSVOlii�779N eve noair2c' <' y _....r,.,,, Eo�io ;�934S�kk1+'„.finscu�n DEPARTMEINT OF TI2ANSPORTATIOlN :DIVISION OF MASS TRANSPORTATION MS 39 1120 N STREW P. 0. BOX 942874 SACRAMPNrO, CA 04274.0001 PHONE (916) 654 - 13.81:1 CAX (016) 661.9366 TTY 711 www.dot.ta.gov May 22, 2014 Mr. Rick D. Longobart Facilities Fleet Management and Central Store Manager City of Santa Ana 20 Civic Center Drive, Santa Ana, CA 92701 Dear Mr. Longobart: 1- Rev ymm power! Be energy efts .w Enclosed is executed State of California Standard Agreement (SA) 642572 in the amount of ($182,000) for the Federal Transit Administration (FTA) Section 5310 Elderly and Disabled Specialized Transit Grant Program. Your grant award was approved for (Two) Replacement Medium Buses (CNG). The ordering of these vehicles is pending final purchase order. Please note that your grant was awarded at 98.53% utilizing�money from G -35 therefore a Local Match of 11.47°10 or (,$20,875) will be required from your agency. Your agency must deposit this amount in your Bank of America Transit Account using the deposit forni sent to you in my earlier e -mail. The Agreement serves as a legally binding contract for your agency and Caltrans. Please review the document to becorne familiar with the requirements and their due dates. In addition to understanding the terms and conditions in the Agreement, you should also read and understand the State Management Plan which serves as the guiding document in the State's implementation and administration of this program. The State Management Plan can be found in our program website at htip l(www dot caov/(rq/MassTranslS3 t0.hnn1. Satisfactory Technical Capacity Requirements As specified in Exhibit C, Paragraph 42, the State may terminate this Agreement if satisfactory progress toward project completion is not made within twelve (12) months of execution of this Agreement. One vital program requirement that is essential to your continued funding is the submittal of the 5310 Bi- Annual Reports. Please tape note that reports are organized using the federal fiscal year slid are due no later than 30 -days after the end of each six -month period. Bi Anmtal Report Petted Due Date (no lateir han) L April I- September 30 October 15 2 October 1-March 31 April 30 The Bi- Annual Report form can be found at the DMT website at, hup,//www.dot ca aov/h IMa� Trans /5310 html. Please submit your Bi- Annual reports to the attention of your Caltrans Representative, "calIiIDIS inppnuee mo6(Hry harass Cul{fowld' 20A -3 Page 2 Mr. Longobart May 22, 2014 If you have questions concerning any of the information above or attached, please contact Sebastian Odutil of my staff at (916) 651 -6115 Thank you. y7'/ BRUCE W. PLOWMAN Branch Chief Elderly and Disabled Specialized Transit Enclosure: Executed Standard Agreemcnt `Callrans improves mability aoross Caliiorn£o" 20A -4 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD AGREEMENT rAGRE SNT BER AME .._ NCNIENT NUMBER DO r,213 (REV 00!20091 1612572 %T NUM _.�� 1, This Agreement Is entered into between the State Agency and the Contractor named below:_ S; AA4ENCY'S t NIE '— �n'ment of Transportation, Division or�[u li s Transportation, Elderly and Disabled Speciazed Transpomoon CONTRACTOR'S NAME CiTt OF' SANIT,A ANA 2. The term of this Agreement is:� March 12, 2017 through Maren 31, 2019 3. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. ExhibitA - Scope of work 1 -2 page(s) Exhibit B - Budget Detail and Payment Provisions 3 -5 page(s) Exhibit C - General Terms and Conditions 6.2+ page(s) Exhibit D - Special Terms and Conditions (Attached hereto as part of this agreement) 25.23 page(s) Exhibit E - Additional Provisions © Yes ® No page(s) Transportation use only OF RJck D. Longoba t: FacpKtiesAlect Maua;cment and Central Store Nfanagee ADDRESS �• 20 Civic Center r' e. CA 92701 and Disabled Bruce Plowman, Branch Citier ADDRESS I LO tV Street MS 39 Sacramento CA 15814 AMOUNT ENCUMBERED Sy THIS DOCUMENT 5182,00Q.00 IPRCGRAWCATEGORYiCODE ANC TITIEI irUND `Z'ansportation ;Federal T;-L- Trust PRIOR ANIOUNT ENCUMDERED FOR THIS CONTRACT !OPTIONAL USE) $Uo Fed Cat No. 20.513 SA 6+2565 -10 �_. TOTAL ANIOUNIT ENCUMBERED 70 DATE iITEP,i ICHA'rrER (STATUTE FISCAL YEAR S 192,000.00 12660.603 -0055 26h0.102.0890l21 It 12ooQ 2009 Nto I hereby ceR✓y upon m9 0.0 personal krzomene. that buogate4 funs avm]zhle rot rho panpdaro powasa oifhe espendture stntod above AOA Notloa antl ^owns Ntaazgemanl. i'2C Dh5tree[. 2005 5182,000 3G053 J A �dqw.al C� 4 Attomey SIGNED Standard Agreement DOT -213 City of Santa Ana 642572 Page 1 of 29 EXHIBIT A SECTION 6310 SCOPE OFF WORK 1. The CONTRACTOR shall use the PROJECT equipment at all times exclusively and in conformity with the following project description for as long as the equipment is needed for the PROJECT. Vehicles may not be transferred out of this geographic area, even if within same agency, without prior written approval from STATE. 2. The CONTRACTOR shall provide transportation service primarily to elderly persons and persons with disabilities, including their incidental baggage, and to persons accompanying the elderly persons or persons with disabilities. 1 If any PROJECT equipment, designated under Exhibit A, Paragraph 5 of this contract is to replace existing equipment, the equipment being replaced shall be withdrawn from the existing PROJECT inventory and placed in backup service upon delivery and acceptance of the new PROJECT equipment. 4. The CONTRACTOR'S scope of work is described as follows: A. At a minimum, transportation service shall be provided between 9.00 AM to 4.00 PM, MONDAY through FRIDAY (or at a minimum of 20 hours per week) for each vehicle. B. The CONTRACTOR'S geographic area that will be served by the transportation program is as follows: [Insert project specific service area per application] 5. The new PROJECT for equipment or new vehicles (not designated as "used" by Federal Trade Commission Agency 16 CFR Part 455.1(d)(2)) as well as California Vehicle Code Section 100 -680, and estimated cost, is as follows: ITEM QUANTITY *AWARD TOTAL AMOUNT Medium Bus CNG (Replacement) 2 $91,000 $182,000 Grant Award -Total Cast of PROJECT Equipment: $182,000 Federal Share: 88.53% $161,125 Toll Credit: 11,47% $20,875 *Maximum grant amount as determined by awarded project costs. 6. The following vehicles will be removed from active service and placed into backup service, or sold. VIN Model Year Make Back Up Sold 15636 28258 2006 FORD 2006 FORD 7. Transfer of Used Vehicle /Equipment X X A. The STATE will evaluate potential transfer need for vehicle /equipment. The CONTRACTOR will submit an abbreviated Application containing the following information. 20A -6 Rev. 03/2512014 Standard Agreement DOT -213 City of Santa Ana 642572 Page 2 of 29 EXHIBIT A • Project Description and Justification for Funding Request (Replacement or Expansion); • Proposed Service and Operating Plan (including map of service area); • Existing Transportation Services (current fleet); • Proposed Transportation Services; and • Signed Certifications and Assurances B. The CONTRACTOR's abbreviated Application as attached, is incorporated, herein, and is made part of this Agreement. In the event the CONTRACTOR's abbreviated Application is In conflict With any terms or conditions of this Agreement, this Agreement shall supersede the CONTRACTOR's abbreviated Application. C. The CONTRACTOR agrees to perform the PROJECT to provide transportation services primarily to elderly persons and persons with disabilities, including their incidental baggage, and to persons accompanying the elderly persons or persons with disabilities in accordance with the terms and conditions of this Agreement and the CONTRACTOR's abbreviated Application for Federal assistance which is on file with the Mass Transportation Program and is now expressly incorporated into this Agreement. D. The CONTRACTOR shall use the PROJECT equipment at all times exclusively and in conformity with the project description for as long as the equipment is needed for the PROJECT. Vehicles may not be transferred without prior written approval from STATE. . 8. The PROJECT representatives during the term of this Agreement will be: State A enc : De artment of Trans ortation CONTRACTOR: City of Santa Ana Name: Bruce Plowman Name: Rick D. Lon obart Title: Chief, Elderly and Disabled Title: Facilities, Fleet Management and Central Specialized Transit Store Mana er Phi one: 916 657 -3875 i Phone: 714 647.3348 Fax: (916)654 -9366 Fax (714)647 -3539 nirecf all inmirix fw State Agency: De artment of Transportation CONTRACTOR: City of Santa Ana Section/Unit: Division of Mass Transportation Sectl9Wl Q t Management Branch Attention: Sebastian Oduni Attention: 'Rick D. Lan obart Address: P.O. Box 942874 Address: 20 Civic Center Drive, Sacramento, CA 94274.0001 Santa Ana, CA 92701 Phone: 916 651.6115 Phone: 714 647.3348 Fax: (916) 654 -9366 Fax (714) 647 -3539 20A -7 Rev, 03/25/2014 Standard Agreement DOT -213 City of Santa Ana 642572 Page 3 of 29 EXHIBIT B SECTION 5310 BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment A. Local Shara. The CONTRACTOR agrees that it will deposit funds with Bank of America In the amount specified within 90 days after signing Agreement (minus the amount required for locally procured other equipment). In accordance with FTA C 9070.1F, the local share may be derived from Federal programs that are eligible to be expended for transportation, other than DOT programs, or from Department of Transportation (DOT) Federal Lands Highway Program. The CONTRACTOR will be responsible for 100% of all costs which exceed the approved grant amount. In no event shall the STATE be obligated to contribute STATE funds toward the cost of the PROJECT. Deposit instructions shall be provided to the CONTRACTOR by the STATE. B. Local Match Deoosit. PROJECT equipment will not be procured by the STATE, on behalf of the CONTRACTOR, until the deposit of the CONTRACTOR'S local match has been verified by the STATE. Local Match deposit shall be deposited within 90 days of Agreement execution. C. Billing and Payment for Vehicle Procurement. Maximum vehicle funding limits shall be set by the STATE and shall apply to non - profit and public agencies without prejudice. Purchase order requirements are further detailed in Exhibit D, The Federal Share for all vehicle procurements shall not exceed 88.53 %0 of the grant amount identified. Non - Profit Agencies. The STATE Is required to order vehicles for non- profit agencies from a State approved Contract. The CONTRACTOR must deposit the local match In the designated Bank of America account before the vehicle is ordered. No further billing or payment is required of the CONTRACTOR. In the event a balance due is owed to the CONTRACTOR for any unused portion of the local match, the CONTRACTOR shall request a refund from Caltrans in writing. Caltrans will initiate the refund process with Bank of America. 2. Public Agencies. Payment for vehicles ordered by public agencies shall comply with the appropriate provision below: 91 a. Public agency CONTRACTORS that have a vehicle procured for them by the STATE will follow payment options Identified in Exhibit B above. b. Public agency CONTRACTORS, that purchase vehicles themselves from a State approved Contract, shall purchase vehicle in full from the vendor. Purchase order reimbursement requests from the CONTRACTOR for the Federal Share will be accepted and paid after the vehicle delivery is accepted by the STATE. c. Public agency CONTRACTORS, that complete their own procurement not from the State Contract, shall purchase vehicle in full from the vendor. Purchase order reimbursement requests from the CONTRACTOR for the Federal Share will be accepted and paid after the vehicle delivery is accepted by the STATE. d. Upon review and approval by the STATE, STATE agrees to reimburse the Public Agency CONTRACTOR for allowable costs not to exceed 88.53% of the approved grant amount upon receipt of a complete and correct invoice package including proof of payment which includes a preaward and post delivery audit, and otherwise meets the requirements of this Standard Agreement. Incomplete or disputed invoices shall be returned to Public Agency Contractor, unpaid, for correction. 20A -8 Rev. 03/25/2014 Standard Agreement DOT -213 EXHIBIT B 3. procurement options are Identified in Exhibit D City of Santa Ana 642572 Page 4 of 29 D. Billinq and Payment for Other Eguioment. Funds allocated for use on this PROJECT Identified as Other Equipment are payable to the CONTRACTOR in arrears on a reimbursement basis. The CONTRACTOR shall submit its request(s) for payment to the STATE upon completion of procurement process detailed in Exhibit D. Parts 7 and 8. The request(s) for payment shall certify that the CONTRACTOR has received and accepted the equipment and shall be submitted together with copies of the vendor's original invoice and the CONTRACTOR'S purchase order including proof of payment. The CONTRACTOR'S invoice and the vendor's paid invoice shall be consistent with the purchase order and include a breakdown of unit costs, sales tax, registration fees, any items not payable under this PROJECT, and any items not subject to sales tax. The latter includes "items and materials when used to modify a vehicle for physically handicapped persons ", which are exempt from sales tax under Revenue and Taxation Code § 6369.4 E. Upon review and approval by the STATE, the STATE agrees to reimburse the CONTRACTOR for allowable casts as defined in 2 CPR Part 225 and 49 CFR, Part 18 upon receipt of an invoice that is Itemized per the Bid Approval Letter, and otherwise meets the requirements of this Standard Agreement. Incomplete or disputed invoices shall be returned to Contractor, unpaid, for correction. F. The obligations of the STATE to CONTRACTOR under the terms of this contract shall terminate upon payment of CONTRACTOR'S invoices for the PROJECT equipment. All invoices shall be submitted for payment within 90 days of equipment acquisition. The obligations of the Contractor under this Agreement shall remain in effect until all PROJECT equipment has been disposed of under the terms of this Agreement. G. The net PROJECT cost and allowability of individual items of PROJECT cost shall be determined in conformance with CFR 48, Federal Acquisition Regulations System, Chapter 1, Part 31, 2 CFR Part 230 (OMB Circular A -122), "Cost Principles for Non - profit Organizations," and other applicable regulations, circulars, or memorandums that may be issued by Federal Transportation Administration (FTA). 2. Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and /or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the STATE shall have no liability to pay any funds whatsoever to CONTRACTOR or to furnish any other considerations under this Agreement and CONTRACTOR shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an Agreement amendment to CONTRACTOR to reflect the reduced amount. 3. Prompt Payment Clause, A. In the event the contractor is a certified small business or similar entity, but not a public agency, the STATE shall make payment within 45 days in accordance with Government Cade Chapter 4.5 Section 927, 20A -9 Rev, 03/25/2014 Fd� ement DOT -213 City of Santa Ana 642572 Page 5 of 29 EXHIBIT B ONTRACTOR shall pay any third -party contractor not later than 10 -days of receipt of each ss payment unless a longer period is agreed to in writing, as cited In the California ss and Professions Code, Section 7108.5, the CONTRACTOR choose to include retainers in third party contracts, the RACTOR must adhere to the requirements of Section 7108.5 as cited above. The ACTOR must ensure prompt and full payment of retainage to third -party contractors no an 30 days after the third -party contractor's work is sa tisfactorily completed, as cited in 49 art 26.29, 4. Project Payment Closeout Clause A. CONTRACTOR agrees that once PROJECT payment is complete, any outstanding balance will revert to the STATE for distribution or reallocation to the FTA Section 5310 Program. B. Upon successful completion of the PROJECT or upon termination by STATE, the parties shall determine the amount of compensation, if any, to be repaid by the CONTRACTOR to the STATE in order to avoid any STATE liability to FTA due to payments erroneously made to the CONTRACTOR in excess of the total PROJECT amount eligible for Federal reimbursement. r i Rev. 03125/2014 i 20A -10 Standard Agreement DOT -213 City of Santa Ana 642572 Page 6 of 29 EXHIBIT C i GENERAL TERMS AND CONDITIONS FOR ALL FEDERAL GRANT PROGRAM 1. Subrecipient. For the purpose of this Agreement, the CONTRACTOR is the subrecipient as referenced in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU) (pub.L.109.059). As a grant subrecipient of FTA funds the CONTRACTOR agrees to comply with the Federal statutes, regulations, executive orders, directives and administrative requirements which relate to applications made to and grants received from FTA including but limited to the USDOT FTA Master Agreement (15), October 1, 2008 and FTA C 9070.1 F, Elderly Individuals and Individuals with Disabilities Program Guidance and Application Instructions, or FTA C 9040.1 F, Nonurbanized Area Formula Program Guidance and Grant Application Instructions, or FTA C 9045.1, New Freedom Program Guidance and Application Instructions, or FTA C 9050.1, The Job Access and Reverse Commute (JARC) Program Guidance and Application Instructions. 2, Approval. A. Except as provided herein this Agreement is of no force or effect until signed by both parties and approved by the STATE. B. The STATE reserves the right to sign and approve the Agreement provided however, the commencement of work should not be authorized until the expenditure of federal funds has been authorized by the FTA for a specific Federal fiscal year. The CONTRACTOR may not commence performance until federal authorization has been obtained. C. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after the determination was made. D. This Agreement is valid and enforceable only if sufficient funds are made available to the STATE by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this Agreement In any manner. E. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. F. State Law. This Agreement shall be interpreted according to the laws of the State of California, except as to those provisions where federal law shall apply; as to those provisions where federal law applies, the rules, regulations, statutes and executive orders of the federal government shall be applicable. In the event that any provision of this Agreement requires that CONTRACTOR observe or comply with or perform any activity in contradiction or violation of State law, the CONTRACTOR will notify STATE at once, in writing, of such provision. The remaining Agreement provisions shall not be affected. The unenforceable provislons(s) shall be renegotiated by the CONTRACTOR and STATE for mutually agreed appropriate changes and /or modifications; and the CONTRACTOR shall proceed, as soon as Is possible, with PROJECT. G. No issuance of a Standard Agreement or amendments will be provided until proof of the project has been programmed and is in an approved FSTIP. Rev, 03/25/2014 20A -11 Standard Agreement DOT -213 EXHIBIT C City of Santa Ana 642572 Page 7 of 29 3. Enforcement/Remedies for Non - Compliance, If a CONTRACTOR materially fails to comply with any term of this Agreement, or fails to refund any moneys due STATE, the STATE may take one or more of the following actions: A. Disallow or temporarily withhold cash payments pending correction of the deficiency by the CONTRACTOR. B. Wholly or partially suspend or terminate the current award for the CONTRACTOR'S PROJECT. C. Withhold future awards to the CONTRACTOR for the program. D. Withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from remaining grant balance and/or future apportionments, or any other funds due CONTRACTOR from the Federal Trust Fund or any other sources of funds. E, Take other remedies that may be legally available. 4. Timeliness. Time is of the essence in this agreement and shall be signed and returned by the CONTRACTOR within 90 calendar days after mailing. In the event this agreement is not signed and returned within 90 days of mailing, the PROJECT identified In Exhibit A of this AGREEMENT from FTA's grant award may at the discretion of the STATE be withdrawn and cancelled. 5. Amendment. No amendment or alteration of the terms of this Agreement shall be valid unless submitted in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties. Amendments shall be signed and returned by the CONTRACTOR within 90 calendar days after mailing. In the event this amendment is not signed within 90 days of mailing, the PROJECT identified in Exhibit A of this AGREEMENT from FI'A's grant award may at the discretion of the STATE be withdrawn and cancelled. 6. Assignment. This Agreement is not assignable by the CONTRACTOR, either in whole or in part, without the consent of the STATE in the form of a formal written amendment, 7, Independent Contractor. The CONTRACTOR, and the agents and employees of the CONTRACTOR, In the performance of this Agreement, shall act in an Independent capacity and not as officers or employees or agents of the STATE. 8. &ntjtrust Claims. The CONTRACTOR by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the CONTRACTOR shall comply with the requirements of the Government Codes Sections set out below. A. The Government Code Chapter on Antitrust claims contains the following definitions: i, "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the STATE or any of Its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. ii. 'Public purchasing body" means the STATE or the subdivision or agency making a public purchase. Government Code Section 4550, B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and Interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. See. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sate to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. G Rev. 03/25/2014 It 20A -12 Standard Agreement DOT -213 City of Santa Ana 642572 Page 8 of 29 EXHIBIT C C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery, Government Code Section 4553, D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part If the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 9. Child SyppotCompliance Act. "For any Agreement in excess of $100,000, the CONTRACTOR acknowledges in accordance with Public Contract Code 7110, that: A. The CONTRACTOR recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The CONTRACTOR, to the best of its knowledge Is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 10. Unenforceable Provision. In the event that any provision of this Agreement is unenforceable or held to be unenforceable by a court of competent jurisdiction, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 11. Priority Hirinq Considerations: If this Agreement includes services in excess of $200,000, the CONTRACTOR shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 12. State Management Plan. The STATE is designated by the Governor to administer the FTA Section 5310, 5311, 5318 and 5317 programs in California. The implementation and administration of the FTA programs are outlined in the each program's State Management Plan and is available at the Department of Transportation, Division of Mass Transportation website at, http / /www.dot.da.gov /hq/MassTrans /. 13. Annual Certification and Assurances As requested by the STATE, the CONTRACTOR must complete and submit to the STATE the annual FTA Certifications and Assurances for Federal Transit Administration Assistance Programs, Certifications and Assurances Checklist and Signature Page to be provided by STATE. 14. Exclusionary or Discriminatory Specifications. Apart from Inconsistent requirements Imposed by Federal statue or regulations, the CONTRACTOR agrees that it will comply with the requirements of 49 U.S.C. Section 5323(h)(2) by refraining from using any Federal assistance funds awarded by STATE on behalf of the FTA to support procurements using exclusionary or discriminatory specifications. Rev. 03125/2014 20A -13 Standard Agreement DOT -213 EXHIBIT C City of Santa Ana 642572 Page 9 of 29 15. Buy America. The CONTRACTOR shall comply with the Buy America requirements of 49 USC 53230) and 49 CFR Part 661 for all procurements of steel, iron and manufactured products used in PROJECT. Buy America requirements apply to all purchases, including materials and supplies funded as operating costs, if the purchase exceeds the threshold for small purchases (currently $100,000). Separate requirements for rolling stock are set out at 49 USC 5323(j)(2)(0) and 49 CFR 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. 16. U S Flap Requirements. A. Shipments by Ocean Vessel. For third -party contracts that may involve equipment, materials, or commodities which may be transported by ocean vessels, the CONTRACTOR and subcontractors must comply with 46 U.S.C. Section 55303 and 46 CFR Part 381, "Cargo Preference -U.S. Flag Vessels" B. Shipments by Air Carrier. For third -party contracts that may Involve shipments of federally assisted property by air carrier, the CONTRACTOR and subcontractors must comply with the "Fly America' Act and 49 U.S.C. Section 40118, "Use of United States Flag Air Carriers,' and 41 CFR Sections 301- 10.131 through 301. 10.143. O. Project Travel. In accordance with 49 U.S.C. 40118 and 41 CPR Part 301 -10, the CONTRACTOR and all subcontractors are required to use U.S. Flag air carriers for U.S. Government- financed International air travel and transportation, to the extent such service is available or applicable. 17. Accounting Records. The CONTRACTOR shall establish and maintain separate accounting records and reporting procedures specified for the fiscal activities of the PROJECT. The CONTRACTOR's accounting system shall conform to generally accepted accounting principles (GAAP) and uniform standards that may be established by STATE. All records shall provide a breakdown of total costs charged to the PROJECT including properly executed payrolls, time records, invoices and vouchers. 18. Worker's Compensation The CONTRACTOR hereby warrants that it carries 4vorkers' Compensation Insurance on all of its employees who will be engaged in the performance of this Agreement. If staff provided by the CONTRACTOR is defined as independent contractors, this clause does not apply. 19. Vehicle Operator Licensing The CONTRACTOR is required to comply with all applicable requirements of the Federal Motor Carrier Safety Administration regulations and the California Vehicle Code including, but not limited to, the requirement that all vehicle operators have a valid Sate of California driver's license, Including any special operator license that may be necessary for the type of vehicle operated. 20. Audit Requirements. The CONTRACTOR shall be responsible for meeting the audit requirements of OMB Circular A -133, or any revision or supplement thereto. The required audit reports shall be submitted to the State Controller with a copy to STATE in conformance with the compliance guidelines issued by the California Department of Finance. The cost of audits made in accordance with the provisions of OMB Circular A -133 is an allowable charge to this PROJECT, to the extent provided by OMB Circular A -133. 21, Record Keeping. The CONTRACTOR and all subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the performance period and for three (3) years from the date of final payment under this Agreement and all subreciplent contracts. 22. Examination of Records. STATE'S Audits Office, the State Auditor General, and any duly authorized representative of the Federal government shall have access to any books, records, and documents of the CONTRACTOR and its subcontractors that are pertinent to this Agreement for audits, examinations, W1 20A -14 Rev. 03/25/2014 Standard Agreement DOT -213 City of Santa Ana 642572 Page 10 of 29 EXHIBIT C excerpts, and transactions, and copies thereof shall be furnished if requested. The CONTRACTOR shall include a clause to this effect in every subcontract entered into relative to the PROJECT. 23. Examination of Accounting. The CONTRACTOR'S accounting system and billing procedures are subject . to audit by STATE prior to contract award, and accounting records pertalning to work performed and costs billed to STATE are subject to audit for a period of three (3) years after date of final payment under this Agreement. If the CONTRACTOR fails to retain records such as employee time cards, payroll records, travel records, equipment time and cost records, billings from subcontractors, material and equipment suppliers records that are sufficient to permit audit verification of the validity of cost charged to STATE, the CONTRACTOR will be liable for reimbursement to STATE of all unsubstantiated billings. 24. Reporting Forms, The CONTRACTOR. shall furnish STATE with any additional reports or data that may be required by FTA or other federal agencies. Such reports and /or data will be submitted on forms provided by STATE. 25. Debarment and Suspension. The CONTRACTOR agrees as follows: A. The CONTRACTOR agrees to comply with the requirements of Executive Order Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. Section 6101 note; and U.S. DOT regulations on Debarment and Suspension and 49 CFR Part 29, B. Unless otherwise permitted by FTA, the CONTRACTOR agrees to refrain from awarding any third - party contract of any amount to or entering into any sub- agreement of any amount with a party included. In the "U.S. General Services Administration's (U.S. GSA) List of Parties Excluded from Federal procurement or Non- procurement Program," implementing Executive Order Nos. 12549 and 12689, "Debarment and suspension" and 49 CFR Part 29. The list also Include the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible for contract award under statutory or regulatory authority other than Executive Order Nos. 12549 and 12689. C. Before entering into any sub - agreements with any subrecipient, the CONTRACTOR agrees to obtain a debarment and suspension certification from each prospective recipient containing information about the debarment and suspension status and other specific information of that subrecipient and Its "principals," as defined at 49 CFR Part 29. 0. Before entering into any third -party contract exceeding $25,000, the CONTRACTOR agrees to obtain a debarment and suspension certification from each third -party contractor containing information about the debarment and suspension status of that third -party contractor and its "principals," as defined at 49 CFR 29.105(p). The CONTRACTOR also agrees to require each third party contractor to refrain from awarding any third -party sub- contract of any amount (at any tier) to a debarred or suspended sub- contractor, and to obtain a similar certification from any third -party subcontractor (at any tier) seeking a contract exceeding $25',000. 26. Compliance with Federal Statutes. During the performance of this Agreement, the CONTRACTOR, its assignees and successors in interest, agree to comply with all Federal statutes and regulations applicable to grantee recipients under the Federal Transit Act, Including, but not limited to the following: A. Race, Color, Creed, National Origin, Sex - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S,C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the CONTRACTOR agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. ka 20A -15 Rev. 03/25/2014 Standard Agreement DOT -213 EXH[SIT C City of Santa Ana 642572 Page 11 of 29 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations. and Federal policies that may in the future affect construction activities undertaken in the course of the PROJECT. The CONTRACTOR agrees to take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, creed, national origin, sex, or age. 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. In addition, the CONTRACTOR agrees to comply with any Implementing requirements FTA may Issue. B. Nondiscrimination, The CONTRACTOR, with regard to the work performed by it during the contract term shall act in accordance with Title VI. Specifically, the CONTRACTOR shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability In the selection and retention of subcontractors, including procurement of materials and leases of equipment. The CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, Including employment practices when the contract covers a program whose goal is employment. Further, In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.R.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may Issue. C. Solicitations for Subcontracts Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation by the CONTRACTOR for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the CONTRACTOR's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports. The CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the STATE or the FTA to be pertinent to ascertain compliance with such Regulations or directives. Where any Information required of a contractor is In the exclusive possession of another who fails or refuses to furnish this information, the CONTRACTOR shall so certify to the STATE or the FTA as appropriate, and shall set forth what efforts It has made to obtain the information. E. In accordance with 49 CFR Part 21 and as described in FTA Circular 4702.1 B, dated October 1, 2012, and the California Department of Transportation Title VI Program Plan, and upon request from the STATE, the CONTRACTOR shall comply with the following reporting requirements. The CONTRACTOR is also responsible for ensuring compliance of each third -party contractor at any tier of the PROJECT. 1. Provide an Annual Title VI Certification and Assurance. 2. Establish and maintain Title VI complaint procedures. 3. Record Title VI investigations, complaints, and lawsuits. 4. Provide meaningful access to Limited English Proficient Persons. 5. Notify beneficiaries of protection under Title VI. Rev. 0312612014 20A -16 Standard Agreement DOT -213 City of Santa Ana 642572 Page 12 of 29 EXHIBIT c 6. Provide additional information upon request, T Prepare and submit a Title VI Program. 8. Guidance on conducting an Analysis of Construction PROJECT'S, 9, Guidance on promoting Inclusive Public Participation. 10. Report minority representation on transit related Planning and Advisory Bodies. Please refer to the Title VI Program Checklist in Appendix A at the and of this exhibit for more detail on the Title VI Program requirements. F. Sanctions for Noncompliance. In the event of the CONTRACTOR's noncompliance with the nondiscrimination provisions of this Agreement, the STATE shall impose such contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONTRACTOR under the Agreement until the CONTRACTOR complies, and /or 2. Cancellation, termination or suspension of the Agreement, in whole or in part. G. Incorporation of Provisions. The CONTRACTOR shall include the provisions of these paragraphs (a) through (f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CONTRACTOR will take such action with respect to any subcontractor or procurement as the STATE or the FTA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CONTRACTOR may request the STATE to enter into such litigation to protect the interest of the STATE, and, In addition, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States, 27. Disadvantaged Business,Enterar , The CONTRACTOR agrees to: A. Comply with U.S. DOT regulations, `Participation by Disadvantaged Enterprises in Department of Transportation Financial Assistance Programs ", 49 CFR Part 26 and will cooperate with STATE with regard to maximum utilization of disadvantaged business enterprises, and will use its best efforts to ensure that disadvantaged business enterprises shall have the maximum opportunity to compete for sub contractual work under this Agreement. B. Complete and submit to STATE a DBE Implementation Agreement with the DOT -213 Standard Agreement. STATE shall provide the Implementation Agreement to the CONTRACTOR prior to vehicle ordering. C. Report twice annually on DBE participation in their contracting opportunities; their award /commitments and actual payments. D. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any U.S. DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The recipient's DBE program, as required by 49 CFR Part 26 and as approved by U.S. DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this 20A -17 Rev. 03/2512014 Standard Agreement DOT -213 City of Santa Ana 642572 Page 13 of 29 EXHIBIT C agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under part 26 and may, In appropriate cases, refer the matter for enforcement under 18 U.S,C. 1001 and /or the Program Fraud Civil Remedies Act of 4986 (31 U,S.C, 3801 at seq.). E. The CONTRACTOR, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of U.S. DOT- asslsted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 28. Section 504 and Americans with Disabilities Act Program Requirements. The CONTRACTOR will comply with 49 G.F.R. Parts 27, 37 and 38, implementing the Americans with Disabilities Act and Section 504 of the Rehabilitation Act or 1973, 29 U.S.C. Section 794, as amended. 29. Warranty for Application to the Small Urban and Rural Program. The CONTRACTOR accepts the terms and conditions of the "Special Section 13(c) Warranty for Application to the Small Urban and Rural Program," as executed by the Secretary of Labor and the Secretary of Transportation on May 31, 1979, and those terms and conditions are incorporated by reference into this Agreement. 30. Public Lands. The CONTRACTOR agrees to refrain from using in its PROJECT any publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of National, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, and also refrain from using In its PROJECT any land from a historic site of National, State, or local significance unless the Federal Government makes the specific findings as required by 49 U.S.C. § 303. 31. Energy Conservation The CONTRACTOR agrees to comply with the mandatory energy efficiency standards and policies within the applicable State energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42, U.S.C. §§ 6321 et seq. 32. Receipt of Com iq`ssion. The CONTRACTOR warrants that it has not paid, and also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for these funds obtained as a consequence of this Agreement. 33. Conflict of Interest. A. In accordance with 41 U.S.C. § 22, no member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising there from. B. The CONTRACTOR certifies that its employees and the officers of Its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with this Agreement shall have any personal financial interest or benefit which either directly or indirectly arises from this Agreement. C. The CONTRACTOR shall establish safeguards to prohibit its employees or its officers from using their positions for a purpose which could result in private gain or which gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business, or other ties. D. The CONTRACTOR will not be awarded a contract if the financial interests are held by a current officer or employee of the STATE. Additionally, a contract will not be awarded to an officer or 0 20A -18 Rev. 03/25/2014 Standard Agreement DOT -213 City of Santa Ana 642572 EXHIBIT C Page 14 of 29 employee of the STATE to provide goods and service. Likewise, the CONTRACTOR officials and employees shall also avoid actions resulting in or creating an appearance of: 1. Using an official position for private gain; 2. Giving preferential treatment to any particular person; 3. Losing independence or impartiality; 4, Affecting adversely the confidence of the public or local officials in the integrity of the program. E. Former STATE employees will riot be awarded a contract for 2 years from the date of separation if that employee had any part of the decision making process relevant to the agreement, or for 1 year from the date of separation if that employee was in a policy making position in the same general subject area as the proposed contract within the 12 -month period to his or her separation from State service, F. Neither the CONTRACTOR nor any of its employees, suppliers or subcontractors shall enter into any contract, subcontract, or arrangement in connection with the PROJECT or any property included or planned to be included in the PROJECT, in which any member, officer, or employee of the CONTRACTOR or its subcontractor, during the PROJECT term and for one year thereafter, has any direct or Indirect conflict of interest. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of the PROJECT term any such interest, and if such interest is immediately disclosed to the CONTRACTOR and such disclosure is entered upon the minutes of the CONTRACTOR's written report to STATE of such Interest, the STATE, may waive the conflict of interest; provided that the officer or employee shall not participate in any action by the CONTRACTOR or the locality relating to such contract, subcontract, or arrangement, G. The CONTRACTOR shall insert in all contracts entered into in connection with the PROJECT or with any property Included or planned to be Included in any PROJECT, and shall require its contractors to insert In each of their subcontracts, the following provision: "No member, officer, or employee of the CONTRACTOR or of the locality during the PROJECT term or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof," H. The provisions of this subsection shall not be applicable to any agreement between the CONTRACTOR and its fiscal depositories or to any agreement for utility services, the rates for which are fixed or controlled by a governmental agency, 34. Lobbying. A. The CONTRACTOR agrees that it will not use Federal assistance funds to support lobbying. In accordance with 31 U.S.C. and U.S. DOT Regulations, "New Restrictions on Lobbying," 40 C.F.R. Part 20, if the CONTRACTOR'S PROJECT exceeds $100,000, FTA will not make any Federal assistance available to the CONTRACTOR until FTA has received the CONTRACTOR'S certification that the CONTRACTOR has not and will not use Federal appropriated funds to pay any person or organization to influence or attempt to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of congress, or an employee of a member of Congress in connection with the awarding of any Federal grant, cooperative agreement or any other Federal award from which funding for the PROJECT is originally derived, consistent with 31 U.S.C. Section 1352, and; Rev, 03/25/2014 20A -19 Standard Agreement DOT -213 EXHIBIT C City of Santa Ana 642572 Page 15 of 29 B. If applicable, if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," In accordance with the form instructions. C. The CONTRACTOR shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (Including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) which exceed $100,000 and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of facts upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering Into this Agreement imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 35. Program Fraud and False or Fraudulent Statements or Related Acts A. The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 O.F.R. Part 31, apply to its actions pertaining to this PROJECT. Upon execution of an underlying contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to that underlying contract or the FTA assisted PROJECT for which this contracted work is being performed. In addition to other penalties that may be applicable, the CONTRACTOR further acknowledges that If it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extent the Federal Government deems appropriate. B. The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a PROJECT that is financed in whole or In part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the CONTRACTOR, to the extent the Federal Government deems appropriate. C, The CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that these clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 36. Contracts Involving Federal Privacy Act Requirements. The following requirements apply to the CONTRACTOR and its employees that administer any system of records on behalf of the Federal Government under any contract: A. The CONTRACTOR agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the CONTRACTOR agrees to obtain the express consent of the Federal 20A -20 Rev. 03/2512014 Standard Agreement DOT -213 EXHIBIT C City of Santa Ana 642,572 Page 16 of 29 Government before the CONTRACTOR or its employees operate a system of records on behalf of the Federal Government. The CONTRACTOR understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Agreement. B. The CONTRACTOR also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 37. Drua -Free Workplace, The CONTRACTOR certifies by signing this Agreement that it will provide a drug - free workplace, and shall establish policy prohibiting activities involving controlled substances In compliance with Government code Section 8355, et seq. The CONTRACTOR is required to include the language of this certification in award documents for all sub- awards at all tiers (Including subcontracts, contracts under grants, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, To the extent the CONTRACTOR, any third -party contractor at any tier, any subrecipient at any tier, or their employees, perform a safety sensitive function under the PROJECT, the CONTRACTOR agrees to comply with, and assure the compliance of each affected third -party contractor any tier, each affected subreciplent at any tier, and their employees with 49 U.S.C. Section 5331, and FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug use in Transit Operations," 49 CFR Part 655, 38. Charter Service Operations, The CONTRACTOR agrees to comply with 49 U.S.G. Section 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions listed at 49 CFR- Subpart B. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not Interfere with or detract from the provision of mass transportation. The CONTRACTOR assures and certifies that the revenues generated by its incidental charter bus operations (if any) are, and shall remain, equal to or greater than the cost (including depreciation on Federally assisted equipment) of providing the service. The CONTRACTOR understands that the requirements of 49 CFR part 604 will apply to any charter service provided, the definitions in 49 CFR part 604 apply to this agreement, and any violation of this agreement may require corrective measures and the imposition of penalties, including debarment from the receipt of further Federal assistance for transportation. 39. School Bus Operations. Pursuant to 49 U.S.C. 5323(F) and 49 CFR Part 605, the CONTRACTOR agrees that it and all its subcontractors will: (1) engage in school transportation operations in competition with private school transportation operators only to the extent permitted by an exception provided by 49 US.C. 5323 (f) and implementing regulations, and (2) comply with requirements of 49 CFR part 605 before providing any school transportation using equipment or facilities acquired with Federal assistance awarded by FTA and authorized by 49 U.S.C. Chapter 53 or Title 23 U.S.C. for transportation projects. The CONTRACTOR understands that the requirements of 49 CFR part 605 will apply to any school transportation it provides, that the definitions of 49 CFR part 605 apply to any school transportation agreement, and a violation of this agreement may require corrective measures and the imposition of penalties, including debarment from the receipt of further Federal assistance for transportation. 40. Use of $1 Coins. As applicable, and to comply with Section 104 of the Presidential $1 Coin Act of 2006, 31 U.S.C. Section 5312(p), the CONTRACTOR must ensure that FTA assisted property that requires the use of coins or currency in public transportation service or supporting service be fully capable of accepting and dispensing $1 coins. 41. Protection of Animals. The CONTRACTOR must ensure that all third -party contractors providing services involving the use of animals must comply with the Animal Welfare Act, 7 U.S.C. Sections 2131 at seq. and Department of Agriculture regulations, "Animal Welfare," 9 CFR Subchapter A, Parts 1,2,3, and 4. lak Rev, 03125/2014 20A -21 Standard Agreement DOT -213 City of Santa Ana 642572 EXHIBIT G Page 17 of 29 42. Additional Termination Clauses. A. Termination for Convenience, When it is in the STATE'S best interest, the STATE reserves the right to terminate this Agreement, in whole or in part, at anytime by providing a ten (10) day written notice to the CONTRACTOR. The CONTRACTOR shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of termination. The CONTRACTOR shall promptly submit its termination claim to the STATE. If the CONTRACTOR has any property in its possession belonging to the STATE, the CONTRACTOR will account for the same, and dispose of it in the manner the STATE directs. B. Termination for Default. The STATE may terminate this Agreement upon a finding that the CONTRACTOR has not made satisfactory progress toward procuring the PROJECT equipment, services, salary and wages, as appropriate, within twelve (12) months of execution of this Agreement, has not billed for operating assistance funds within twelve (12) months of execution of this Agreement, or that the CONTRACTOR is otherwise not complying with the terms of this Agreement. Termination shall be by written notice specifying the reason for termination and giving the CONTRACTOR thirty (30) days to correct the default. The STATE shall be the sole judge as to whether the CONTRACTOR's corrective measures are adequate. If the CONTRACTOR fails to remedy to STATE's satisfaction the breach or default or any of the terms, covenants, or conditions of this Agreement the STATE shall have the right to terminate the Agreement without any further obligation to the CONTRACTOR, Any such termination for default shall not in any way operate to preclude the STATE from also pursuing all available remedies against the CONTRACTOR. C. Period of P rform]ance Extension. If it is later determined by the STATE that the CONTRACTOR had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the CONTRACTOR, the STATE, after setting up a new delivery of performance schedule, may allow the CONTRACTOR to continue work, or treat the termination as a termination for convenience, D. Mutual Termination, The PROJECT may also be terminated If the STATE and the CONTRACTOR agree that its continuation would not produce beneficial results commensurate with the further expenditure of funds or if there are inadequate funds to operate the PROJECT equipment or otherwise complete the PROJECT. 43. Dilutes, The STATE and the CONTRACTOR shall deal in good faith and attempt to resolve potential disputes Informally. If the dispute persists, the CONTRACTOR shall submit to the authorized STATE Representative for this Agreement or designee a written demand for a decision regarding the disposition of any dispute arising under this Agreement. The STATE Representative shall make a written decision regarding the dispute and will provide It to the CONTRACTOR. The CONTRACTOR shall have an opportunity to challenge the STATE Representative's determination but must make that challenge in writing within ten (10) working days to the STATE's Chief, Office of Federal Transit Grants or his /her designee. (If the CONTRACTOR challenge is not made within the ten (10) day period, the STATE Representative shall become the final decision of the STATE.] The STATE and the CONTRACTOR shall submit written, factual information and supporting data in support of their respective positions. The decision of the STATE's Chief, Office of Federal Transit Grants or his /her designee shall be final, conclusive and binding regarding the dispute, unless the CONTRACTOR commences an action In court of competent jurisdiction to contest the decision in accordance with Division 3.6 of the California Government Code, 44. Procurement. For all procurements of property, supplies, equipment or services under an FTA assisted grant, the CONTRACTOR shall provide full and open competition and comply with the procurement Rov.03/25/2014 20A -22 FA, Agreement DOT -213 City of Santa Ana 642572 Page 18 of 29 EXHIBIT C ments set forth in 49 U,S.C. Section 5325(a), applicable third -party procurement requirements of 49 chapter 53 and other procurement requirements of Federal laws in effect now or as amended to the applicable. The CONTRACTOR shall prepare a bid package, including equipment and material cations or a scope of work. In accordance with applicable U.S. DOT third -party procurement tions at 49 G.F.R. § 18.36 and the provisions of FTA Circular 422.0.1F, "Third -Party Contracting ce," November 1, 2008, and any later revision thereto, the CONTRACTOR agrees that it may not A as to support its procurements unless there is satisfactory compliance with Federal laws gulations Including but not limited to the following: state clearly that the final contract award to any bidder requires prior written approval by the STATE and h t at bids are consistent with the PROJECT equipment description identified in Exhibit A, Scope of Work. B. To comply with applicable Federal laws and regulations including, but not limited to, Federal transit j� laws at 49 U.S.C. Chapter 53, FTA regulations, and other Federal laws and regulations that contain requirements applicable to FTA recipients and their FTA assisted procurements. Also, to include all required Federal procurement provisions in each subcontract financed In whole or in part with Federal assistance provided by FTA. C. For all contracts and subcontracts financed with Federal assistance, to comply with cargo preference requirements of 46 U.S,C. § 1241 and 46 CFR Part 381 when contracts involve equipment, materials, or commodities which may be transported by ocean vessels. D. To comply with the requirements of 49 U, &C. § 5323 (c) and FTA regulations, "Bus Testing 49 E C.F.R. Part 665, and any revision thereto. E. To comply with the requirements of 49 U.S.G. § 5323(1) and FTA regulations, "Pre -Award and Post - Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663, and any revision thereto. ( F. To comply with the requirements of 49 U.S.G. § 5325(b) to award a third -party contract using a competitive procurement process. G. In accordance with 49 G.S.C. § 5325(e)(1), In the procurement of rolling stock, may not enter Into a multi -year contract to purchase additional rolling stock and replacement parts with options exceeding five (5) years after the date of the original contract. H. To comply with 49 U.S.C. § 5325(f), agrees that any third -party contract award it makes for rolling stock will be based on Initial capital costs, or on performance, standardization, life cycle costs, and other factors, or on a competitive procurement process. I. To comply with the requirements of 49 U.S.C. Section 5323(m) and FTA regulations, "Pre- Award and Post - Delivery Audits of Rolling Stock Purchases," 49 CFR Part 663, and any revision thereto. J. To award a third -party contract using a competitive procurement process in compliance with the requirements of 49 U.S.C. Section 5325, d K. To comply with the requirements of 49 U.S.C, Section 5318(e) and FTA regulations, 'Bus Testing ", 49 CFR Part 665, including the certification that before expending any Federal assistance to acquire the first bus of any new bus model or any bus model with a new major change in configuration or components or before authorizing final acceptance of that bus, that model of bus will have been tested at the ALTOONA Bus Research and Testing Center. The CONTRACTOR must obtain the final testing report and provide a copy of the report to the STATE. Rev. 03!25 /2014 20A -23 Standard Agreement DOT -213 City of Santa Ana 642572 EXHIBIT C Page 19 of 29 L. To require each bidder to certify that it has complied with 49 CFR 26, which requires each transit vehicle manufacturer to establish annual goals for the participation of disadvantaged business enterprise and to submit those goals to FTA for approval. M. To comply with 49 U.S.C. Section 5323(j), FTA's Buy America regulations at 49 CFR Part 661 and any amendments thereto, and any implementing guidance issued by FTA, with respect to each third -party contract. N, To meet applicable regulations of 49 CFR Part 663 in the purchase of revenue rolling stock. 0. In subcontracts exceeding $100,000, to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U,S.C, Section 7401 et. seq. and Clean Water Act, as amended, 33 U.S.C. Section 1251 et. seq. Agrees to report and require each third -party contractor or subcontractor at any tier to report any violation of these requirements resulting from any PROJECT implementation activity of a third -party contractor, subcontractor, or itself to FTA and the appropriate U.S. EPA Regional Office. P. To comply with U.S. Environmental Protection Agency (U.S, EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 G.F.R. Part 247, which implements section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962. Accordingly, the CONTRACTOR agrees to provide a competitive preference for products and services that conserve natural resources, protect the environment, and are energy efficient, except to the extent that the Federal Government determines otherwise in writing. Q. To comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation, plan issued in compliance with the Energy Policy and Conservation Act. R. To the extent applicable, agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by SAFETEA -t-U § 5307(c), 23 U.S.C. § 512 note, and follow the provisions of FTA Notice, "FTA National ITS Architecture Polley on Transit PROJECTS," 66 Fed. Reg. 1455 at seq., January 8, 2001; and any other implementing directives FTA may Issue at a later date, except to the extent FTA determines otherwise in writing. S. In accordance with 40 CFR Part 85, "Control of Air Pollution from Mobile Sources," 40 CFR Part 86, "Control of Air Pollution from New and In -Use Motor Vehicles and New and In-Use Motor Vehicle Engines," and 40 CFR Part 600, "Fuel Economy of Motor Vehicles, the CONTRACTOR must include provisions in all third -party contract for procurement of roiling stock to ensure compliance with applicable Federal air pollution control and fuel economy regulations. 1'. CONTRACTOR shall refer to FTA "Best Practices Procurement Manual" for additional procurement guidance on procurement processes and any omissions applicable to the PROJECT. The CONTRACTOR'S failure to comply with all mandates shall constitute a material breach of this Agreement. U. CONTRACTOR must comply with applicable cost principles circulars, current in Title 2 of the Code of Federal Regulations, in determining whether project costs are allowable or unallowable. Title 2 CFR Part 225, previously OMB Circular A -87, establishes principles and standards for determining costs applicable to grants, contracts, and other agreements with State and local governments and federally recognized Indian tribal governments. 2 CFR Part 230 previously OMB Circular A -122, establishes cost principles for nonprofits. Where applicable, CONTRACTOR must comply with cost principles of FAR 31.2. ki 20A -24 Rev. 03/25/2014 Standard Agreement DOT -213 City of Santa Ana 642572 Page 20 of 29 EXHIBIT C V. CONTRACTOR must have written protest procedures covering the pre -bid /pre - proposal, post proposal, and post award processes, and shall in all instances disclose to all bidders the CONTRACTOR's protest and the STATE's appeal procedures. All CONTRACTOR's protest decisions must be dated and in writing. A protester must exhaust all administrative remedies with the CONTRACTOR before pursuing an appeal with the STATE. Reviews of protests by the STATE will be limited to: a. CONTRACTOR's failure to have or follow its own protest procedures, or Its failure to review a complaint or protest b. Violations of the Federal or State law or regulation. An appeal to the STATE must be received or postmarked ten (10) calendar days (includes mailing time) from the date of the protest decision (See Exhibit A, 2 for contact person and his /her address). 45. Bid Proposal and Contract Award. All bid solicitation documents, proposed vendor selection and request for non - competitive bid must be reviewed and approved by the STATE prior to the award of the contract. No award shall be made without the written approval from the STATE, The CONTRACTOR (or procurement agent acting on its behalf) shall prepare the bid documents, solicit and receive competitive bids or proposals, shall evaluate the bids or proposals received, and shall select the lowest price compliant bid for award. A. The CONTRACTOR (or procurement agency acting on its behalf) shall forward to the STATE, at least thirty (30) days prior to the release of the bid solicitation, a copy of the bid solicitation document proposed contract, and bidders list. B. Prior to contract award, the CONTRACTOR (or procurement agency acting on its behalf) shall forward to STATE a list of all bids, proposals, or price quotations received, a copy of the selected bid or proposal, copy of the bids or proposals of all those whose prices are lower than the selected vendor's, an explanation of the basis for selecting the selected vendor and for rejecting lower bids (if any), In the case of a single bid, sole source, or negotiated price contract, this shall include a statement by the CONTRACTOR that the price is fair and reasonable and the basis for that determination (FTA Circular C 4220.1 F "Third -party Contracting Guidance "). 46. FTA Regula ions Policies Procedures a Dire tives. The CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures and directives, Including without limitation those listed directly or by reference In the Agreement (Form FTA MA (15) dated October, 2008) between the STATE and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. The CONTRACTOR's failure to so comply shall constitute a material breach of this Agreement, In the event any portion, term, condition or provision of this Agreement should be deemed illegal or in conflict with the laws of the State of California or with Federal law or otherwise be unenforceable, the remaining portion, terms, conditions or provisions shall not be affected thereby. 47, Amendments to Federal, State and Local Laws Regulations and Directives. The terms of the most recent amendment to any Federal, State, or local laws, regulations, FTA directives, and amendments to the grant or cooperative contract that may be subsequently adopted, are applicable to the PROJECT to the maximum extent feasible, unless FTA provides otherwise in writing. 48. Disposition of Equipment. The disposition of all PROJECT equipment shall be made in accordance with the requirements of 49 C.F.R. Part 19, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations" and FTA C 9070.1 F (Section 5310) and 49 U.S.C. § 5310. Whenever any PROJECT equipment is withdrawn from the PROJECT for any reason, the CONTRACTOR shall immediately notify the STATE. Should the PROJECT be terminated, all property procured under this agreement becomes property of the STATE and may be ft Rev. 03/2512014 W 20A -25 Standard Agreement DOT -213 City of Santa Ana 642572 Page 21 of 29 EXHIBIT C transferred to other eligible contractors at the sole discretion of the STATE. At the option of the STATE, the CONTRACTOR shall do one of the following; A. Written Notice of Termination. The STATE may terminate this contract upon finding that the CONTRACTOR is not operating the PROJECT equipment in accordance with the project description in Exhibit A, Scope of Work, or that the CONTRACTOR is otherwise not complying with the terms of this contract. Termination shall be by written notice specifying the reason for termination and giving the CONTRACTOR thirty (30) days to correct the default. The STATE shall be the sole judge as to whether the CONTRACTOR'S corrective measures are adequate. If CONTRACTOR fails to remedy to STATE'S satisfaction the breach or default or any of the terms, covenants, or conditions of this contract the STATE shall have the right to terminate the contract without any further obligation to the CONTRACTOR. Any such termination for default shall not in any way operate to preclude the STATE from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. Once a contract has been terminated within the provisions of this section, the STATE reserves the right to seize vehicles or equipment procured under this agreement. B. Remit to the STATE the proportional amount of current market value that exceeds $5,000 per unit at the time of disposition, if any, of PROJECT equipment which shall be based on the percentage of the FTA grant funds paid by CONTRACTOR under this agreement. Fair market value shall be deemed to be the value of the PROJECT equipment as determined by a competent appraisal at the time the equipment is withdrawn from use; and C. Return the equipment to the STATE in the same condition as when received by the CONTRACTOR, except for reasonable wear and tear resulting from its use. The parties shall thereupon determine the amount of compensation, if any, to be paid by the CONTRACTOR to the STATE in order to avoid any STATE liability to FTA or to others. 49. Property Maintenance and Inspection. While the PROJECT is in the possession or control of the CONTRACTOR, the CONTRACTOR shall operate or maintain the PROJECT in accordance with detailed maintenance and inspection schedules provided by the manufacturer, keeping a written log or record of all repairs and maintenance. STATE and the FTA shall have the right to conduct periodic inspections for the purpose of confirming the existence, condition, and proper maintenance of the PROJECT. No alterations may be made to the PROJECT in its as- received condition without first receiving written approval from STATE. 50. Insurance. A. While the PROJECT equipment is in the possession or control of the CONTRACTOR, the CONTRACTOR shall maintain adequate insurance protection against liability for damages For personal bodily injuries (including death), property damage, and vehicle damage as conditioned in this section. B, The minimum limits of liability may be increased by the STATE at any time upon thirty (30) days notice to the CONTRACTOR. C. The CONTRACTOR shall place Vehicle Physical Damage, including collision and comprehensive (fire, theft, etc,) insurance for amounts equal to the actual cash value of each vehicle and any other equipment that Is part of the PROJECT equipment, with deductibles acceptable to the STATE. This insurance shall include a provision designating the State of California, Department of Transportation as the Loss Payee for all purposes of adjusting, settling, or paying claims for damage to the insured vehicle(s). D. The STATE, Its officers, employees, and agents shall be named as additional insured. 20A -26 Rev. Q3/2512014 Standard Agreement DOT -213 City of Santa Ana 642572 Page 22 of 29 EXHIBIT C E. The STATE is designated as the Loss Payee for claims of damage to the insured vehicles) F, The STATE will not be responsible for any premiums or assessments on the policy. G. The CONTRACTOR, andlor third -party subcontractor, shall furnish to the STATE, before delivery of the PROJECT vehicle(s) to the CONTRACTOR, a certificate of insurance issued by a company licensed to write such insurance in California. H. Prior to the annual insurance policy expiration date, the CONTRACTOR shall furnish to the STATE a new certificate of insurance or other written evidence of Insurance satisfactory to the STATE. At any time that such evidence of insurance has not been provided, the STATE shall have the right immediately to take possession of the PROJECT equipment and to enter the property of the CONTRACTOR for this purpose. E The CONTRACTOR shall provide the STATE at least thirty (30) days notice of cancellation or material change of the vehicle Insurance policy. J, Public Agenc or For•Proflt CONTRACTORS. The following terms apply to all CONTRACTORS who are defined as a Public Agency or For - Profit entity, regardless if they are providing the service as the prime CONTRACTOR or subcontractor: 1. Property Damage: The CONTRACTOR shall place property damage, whether the property of one or more claimants, in an amount not less than one million five hundred thousand dollars ($1,500,000) per occurrence (combined single limit) for property damage liability combined in respect to vehicles with seating capacity of fifteen (15) or less, or five million dollars ($5,000,000) per occurrence for property damage liability combined In respect to vehicles with seating capacity of sixteen (16) or more, 2. Bodily Injury: The CONTRACTOR shall place bodily Injury in an amount not less than one million five hundred thousand dollars ($1,500,000) per occurrence ( corbined single limit) in respect to vehicles with seating capacity of fifteen (15) or less, or five million dollars ($5,000,000) per occurrence for bodily injury in respect to vehicles with seating capacity of sixteen (16) or more. 3. Vehicle Physical Damage: The CONTRACTOR shall place Vehicle Physical Damage, including collision and comprehensive (fire, theft, eta) insurance for amounts equal to the actual cash value of each vehicle and any other equipment that Is part of the PROJECT equipment, with deductibles acceptable to the STATE. This Insurance shall include a provision designating the State of California, Department of Transportation as the Loss Payee for all purposes of adjusting, settling, or paying claims for damage to the insured vehicle(s). K. Non- Profit Agencies: The following terms apply to all CONTRACTORS who are defined as a non- profit agency, regardless if they are providing the service as the prime CONTRACTOR or subcontractor: 1. Property Damage: The CONTRACTOR shall place property damage, whether the property of one or more claimants, in an amount not less than one million dollars ($1,000,000) per occurrence (combined single limit) for property damage liability combined in respect to vehicles with seating capacity of fifteen (15) or less, or one million five hundred thousand dollars ($1,500,000) per occurrence for property damage liability combined in respect to vehicles with seating capacity of sixteen (16) or more. 2. Bodily Injury: The CONTRACTOR shall place bodily injury in an amount not less than one million dollars ($1,000,000) per occurrence (combined single limit) in respect to vehicles with seating Rev. 03125/2014 Lam 20A -27 Standard Agreement DOT -213 City of Santa Ana 642572 Page 23 of 29 EXHIBIT C capacity of fifteen (15) or less, or one million five hundred thousand dollars ($1,500,000) per occurrence for bodily Injury in respect to vehicles with seating capacity of sixteen (16) or more. c. Vehicle Physical Damage: The CONTRACTOR shall place Vehicle Physical Damage, including collision and comprehensive (fire, theft, ate.) insurance for amounts equal to the actual cash value of each vehicle and any other equipment that is part of the PROJECT equipment, with deductibles acceptable to the STATE. This insurance shall include a provision designating the State of California, Department of Transportation as the Loss Payee for all purposes of adjusting, settling, or paying claims for damage to the Insured vehicle(s). 51. Excise Tax. The State of California Is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The STATE will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax Imposed by another state. 52. Potential Subcontractors A. No Relationship Between STATE and Third -Party Contractor. Nothing contained in this Agreement or otherwise, shall create any contractual relation, obligation or liability between the STATE and any third -party contractors, and no third -party agreement shall relieve the CONTRACTOR of his responsibilities and obligations hereunder. The CONTRACTOR agrees to be as fully responsible to the STATE for the acts and omissions of its third -party contractors and of persons either directly or Indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONTRACTOR. The CONTRACTOR'S obligation to pay its third -party contractors is an Independent obligation from the STATE'S obligation to make payments to the CONTRACTOR. As a result, the STATE shall have no obligation to pay or to enforce the payment of any moneys to any third -party contractor.. B Third -Party Contracts and Subagreements Affected. To the extent applicable, Federal requirements extend to third -party contractors and their contracts at every tier, and to the subcontractors of third- party contractors and their subagreements at every tier. Accordingly, the CONTRACTOR agrees to includo, and to require its third -party contractors to Include appropriate clauses in each third -party contract and each subagreement financed in whole or in part with financial assistance provided by FTA. C. No Federal Government Obli ag tions to Third Parties, The CONTRACTOR agrees that, absent of the Federal Government's express written consent, the Federal Government shall not be subject to any obligations or liabilities to any contractor, any third -party contractor, or any other person not a party to the Grant Agreement in connection with the performance of the PROJECT. Notwithstanding any concurrence provided by the Federal Government in or approval of any solicitation, or third -party agreement, the Federal Government continues to have no obligation or liabilities to any party, Including the CONTRACTOR or third -party contractor. D. Obligations on Behalf of the STATE. The CONTRACTOR shall have no authority to contract for or on behalf of, or Incur obligations on behalf of the STATE. E. STATE Approval of All Third -Party Contracts. The STATE shall approve in writing all proposed third - party contract agreements. Memorandums of Understanding (MOU), or similar documents relating to the performance of the Agreement prior to implementation. The CONTRACTOR agrees that it will not enter into any third -party contracts unless the same are approved in writing by the STATE. Any proposed amendments to such third -party contracts must be approved by the STATE prior to implementation. G f. 20A -28 Rev. 03/25/2014 Standard Agreement DOT -213 City of Santa Ana 642572 Page 24 of 29 EXHIBIT C i 53. Narrowband Migration Deadline The CONTRACTOR must comply with the Federal Communications Commission Public Notice DA09.2589 deadline for private land mobile radio services in the 150 -174 MHz and 421 -512 MHz bands which will migrate to narrowband (12.5 kHz or narrower) technology effective January 1, 2013. 54, Indemnification. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CONTRACTOR and /or its agents under or in connection with any work, authority or jurisdiction conferred upon CONTRACTOR under this Agreement. It is understood and agreed that CONTRACTOR and /or its agents shall fully defend indemnify and save harmless STATE and all Its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CONTRACTOR and /or its agents under this Agreement., employees, representatives, esentatives and agents, i 8 1 3 i 1 Y Rev, 03/2512014 20A -29 Standard Agreement DOT -213 City of Santa Ana 642572 Page 25 of 29 EXHIBIT C APPENDIX A I iTLE V1 PROGRAM CHECKLIST Every three years, on a date determined by FTA, each recipient is required to submit the following information to the Federal Transit Administration (FTA) as part of their Title VI Program. Subrecipients shall submit the information below to their primary recipient (the entity from whom the subreeipient receives funds directly), on a schedule to be determined by the primary recipient. General Requirements (Chapter 111) .4/I recipients nanst subunit: ❑ Title VI Notice to the Public, including a list of locations where the notice is posted ❑ Title V1 Complaint Procedures (i.e., instructions to the public regarding how to file a Title VI discrimination complaint) Cl Title VI Complaint Form ❑ List of transit - related Title VI investigations, complaints, and lawsuits ❑ Public Participation Plan, including information about outreach methods to engage minority and limited English proficient populations (LEP), as well as a summary of outreach efforts made since the last Title Vi Program submission ❑ Language Assistance Plan for providing language assistance to persons with limited English proficiency (LEP), based on the DOT LEP Guidance ❑ A table depicting the membership of non- elected committees and councils, the membership of which is selected by the recipient, broken down by race, and a description of the process the agency uses to encourage the participation of minorities on such committees ❑ A Title V3 equity analysts if the recipient has constructed a facility, such as a 'vehicle storage facility, maintenance facility, operation center, etc. ❑ A copy of board meeting minutes, resolution, or other appropriate documentation showing the board of directors or appropriate governing entity or official(s) responsible for policy decisions reviewed and approved the Title VI Program. For State DOT's, the appropriate governing entity is the State's Secretary of Transportation or equivalent. The approval must occur prior to submission to FTA. ❑ Additional information as specified in chapters IV, V, and VI, depending on whether the recipient is a transit provider, a State, or a planning entity (see below) ❑ The State of California shall include a description of how the agency monitors its subrecipients for compliance with Title VI, and a schedule of subrecipient Title VI Program submissions Rev. 03/25/2014 agm-6' 20A -30 Standard Agreement DOT -213 City of Santa Ana 642572 Page 26 of 29 EXHIBIT D SECTION 5310 Additional 1. Agreement Discrepancy. Should there be a discrepancy between the State Management Plan and this Agreement, the Agreement shall govern. 2. Independent Performance, The CONTRACTOR, and the agents and employees of CONTRACTOR, in the performance of the Agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. Procurement Standards A. The local procurement of all PROJECT equipment shall be conducted in accordance with the procurement standards set forth in the Federal Office of Management and Budget (OMB) Circular A -102, 49 C.F.R. Part 18 "Uniform Administrative Requirements for Grants and Cooperative Contracts to State and Local Governments" and OMB Circular A -122, 49 C.F.R. Part 19, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Educations, Hospitals, and Other Non - profit Organizations." The STATE will act as the procurement agent for all vehicles for non- profit Agencies. B. FTA Circular C 4220.1F "FTA Third -Party Contracting Guidelines ", FTA C 9070.1F (Section 5310), 49 U.S,C. § $310, 49 C.F.R. Part 663 "Pre -Award and Post Delivery Audits of Rolling Stock" and the State's Contract Vehicle Manual. The CONTRACTOR shall conduct the procurement or. with the approval of the STATE, designate another Section 5310 recipient or a government agency to conduct the procurement on Its behalf. 4. Pr -Away Authority. The STATE shall not authorize the procurement of vehicles or equipment under this Agreement until such time that the Federal Transit Administration has notified the STATE that the Program of Projects has been fully funded and is available to the STATE for disbursement. 5. Vehicle Procurement Options. All vehicle procurements shall comply with one of the following conditions depending on agency type and option selected: A. Non - Profit Agencies, The STATE is required to order vehicles for non - profit agencies from a State approved Contract. B. Public Agencies. Public agencies have three (3) vehicle procurement options. 1. STATE purchases vehicles for CONTRACTOR from a State approved Contract. 2, CONTRACTOR purchases vehicles directly from a State approved Contract. CONTRACTOR shall purchase vehicle in full from the vendor with prior STATE approval. 3. CONTRACTOR purchases vehicles through its' own procurement procedures. Public agencies who choose to procure vehicles through its" own process must receive prior STATE authorization. C. Payment Provisions are detailed in Exhibit B. 6. Purchase Orders for Vehicles. All vehicle procurements shall: A. Be consistent with the approved bid award listed in Exhibit A, Scope of'VVork. 0 20A -31 Rev. 0 312 512 01 4 Standard Agreement DOT -213 City of Santa Ana 642572 Page 27 of 29 EXHIBIT D B. Be consistent with Billing and Payment instructions listed in Exhibit B, Budget Detail and Payment Provisions. C. Designate through the vender with Department of Motor Vehicles, Caltrans, Division of Mass Transportation, as the lien holder on the Certificate of Title and the CONTRACTOR as the registered owner. 7. Bid Proposal Approval for Other Equipment. No award shall be made without written approval from the STATE prior to purchase. The CONTRACTOR shall submit the following documents for approval to the STATE in advance of the proposed award: A. Solicitation document detailing the specifications of the PROJECT for purchase. B. At least three (3) competitive like -kind bids using the same specifications indicated in Part A above. C. A listing of all bids, proposals, or price quotations which includes an analysis of all bids received detalling comparison information. D. Disadvantaged Business Enterprise (DBE) Awards /Commitments Form, E. An explanation of the basis for selecting the proposed vendors and for rejecting lower bids (if any). In the case of a single bid, sole source, or negotiated price contract, the CONTRACTOR shall include a statement certifying that the price is fair and reasonable and the justification for the single -bid determination (FTA Circular C 4220.1 F "FTA Third -Party Contracting Guidelines "), 8. Purchase of Other Equipment After receiving written approval from the STATE, CONTRACTOR shall purchase approved PROJECT equipment within three months of Agreement execution or be subject to contract termination provisions described in Exhibit C Part 47. Upon receiving documentation outlined in, Exhibit S. BUDGET DETAIL. AND PAYMENT PROVISIONS of this Standard Agreement, and the Disadvantaged Business Enterprise (DBE) Actual Payment Form, the STATE will reimburse the Federal Share. 9. Evidence of Insurance. The CONTRACTOR shall furnish to the STATE, before delivery of the PROJECT 7eh;' le(s) to the CONTRACTOR, a certificate of insurance issued by a company licensed to write such insurance In California. Evidence of insurance shall also be provided to the STATE annually and prior to the expiration date of the certificate. At any time that such evidence of insurance has not been provided, the STATE shall have the right immediately to take possession of the PROJECT equipment and to enter the property of the CONTRACTOR for this purpose. 10. Equipment Ownership and Relinquishment. At all times while the PROJECT equipment is in the possession or control of the CONTRACTOR, the CONTRACTOR shall be the registered owner and STATE shall be the legal owner or lienholder. The CONTRACTOR shall not transfer ownership of the PROJECT equipment at any time while this contract is in effect. As the lienholder, the STATE may take possession of the PROJECT equipment, as a result of the CONTRACTOR'S non - compliance with contract terms or by mutual Agreement between the STATE and the CONTRACTOR. The STATE shall retain the original Certificate of Title until such time that disposition of the PROJECT equipment is released by the STATE to the CONTRACTOR or other appropriate party as outlined in Exhibit C of this Agreement. 11. Semi - Annual Milestone Reporting. The CONTRACTOR shall submit a Semi - Annual Milestone Report of its use of PROJECT equipment within thirty (30) calendar days after the close of each 20A -32 Rev. 03/2512014 Standard Agreement DOT -213 EXHIBIT D City of Santa Ana 642572 Page 26 of 29 federal reporting period. The federal reporting periods are: 1) October 1 — March 31; 2) April 1 — September 30.. (Semi - Annual Milestone Reports are due no later than April 30, and October 30 of each calendar year.) The report shall contain information requested by the STATE to indicate the extent to which the CONTRACTOR is carrying out the PROJECT in accordance with the terms of this contract. Failure to meet these requirements shall be considered grounds for PROJECT Termination as described In Exhibit C of this Agreement. 12. Loss or Damage to PROJECT Equipment. The CONTRACTOR shall notify the STATE, within ten (10) working days of any loss or damage, Including accident, fire, vandalism, theft, to the PROJECT equipment. 13. Disadvantaged Business Enterprise. CONTRACTOR shall report their DBE participation in their Other Equipment procurement opportunities using the STATE'S DBE Award /Commitments and Actual Payments forms to be provided by the STATE at the time of initial equipment bidding, Additional DBE requirements are provided at Exhibit C. 14, Useful Life. The following Useful Life standards shall determine when PROJECT equipment will no longer be subject to monitoring and reporting requirements once the agency notifies Caltrans in writing if the vehicle will be retained or sold. These criteria are subject to review by the 5310 Branch Chief if either factor is less than the value shown herein. Minivans Bus Type I, IA, IS, II, III Bus Type VII Bus Type VIII Hardware /Software 100,000 miles or 4 years 150,000 miles or 5 years 200,000 miles or 7 years 350,000 miles or 10 years 3 years While age and mileage are the primary criteria used to determine the useful life of vehicles, this determination is based on the date the vehicle or other equipment was put Into active service, not the actual model year of the vehicle. Fair market value shall be based on the value of the vehicle as determined by a current competent appraisal. Per FTA Circular 5010.10, page IV -25, when Useful Life Standards are met the STATE shall remain the [ten holder for vehicles until one of the conditions below are met: A. Equipment with Fair Market Value Greater Than or Equal to $5,000 If the vehicle has met the Useful Life criteria, the CONTRACTOR will remain the registered owner and Caltrans will remain the lien holder. Should the CONTRACTOR choose to sell the vehicle, Caltrans must be notified In advance of the pending sale and provide in writing the terms of the sale and the intended use of the sale revenue. All sale revenue must be retained in the CONTRACTOR'S transportation program. Supporting documentation on the use of sale revenue must be provided to STATE upon request. B. Equipment with Fair Market Value Less Than $5,000: Once the vehicle has met the Useful Life standards, full title will be released to the CONTRACTOR. All sale revenue must be retained in the CONTRACTOR'S transportation ki 20A -33 Rev. 03/2512014 20A -34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE 2014 JUSTICE ASSISTANCE GRANT FOR THE ANTI- DRUG ABUSE ENFORCEMENT TEAM CITY MAN GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r.1 »C 90:1l• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing the 2014 State Justice Assistance Grant (JAG) — Anti Drug Abuse (ADA) Enforcement Team Program grant in the amount of $119,750 and appropriate same into the 2014 State Justice Assistance Grant ADA account. DISCUSSION The State Justice Assistance Grant (JAG) provides funds to support the County -wide Anti -Drug Abuse (ADA) Enforcement Team Program. This multi - jurisdictional drug task force was created to combat street to mid -level drug sales, manufacturing, and distribution. The ADA Enforcement Team integrates federal, state, and local law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination and intelligence in the facilitation of multi - jurisdictional investigations. The County of Orange administers the funding for this program, and $119,750 has been allocated to the City of Santa Ana Police Department for FY 2013 -14. This funding covers the approximately two - thirds of the salary and benefits of a Police Investigator who is assigned to assist the ADA Enforcement Team. FISCAL IMPACT This appropriation adjustment will increase the City's Justice Assistance Grant ADA revenue account (no.12814002 52030) in the amount of $119,750, and increase same in the Justice Assistance Grant ADA expenditure accounts (account nos. 12814412 - various). APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas ( Chief of Police, Santa Ana Police Department Francisco Gutierrez Executive Director, Finance & Mgmt Services Agency 20B -1 20B -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING ADDITIONAL FY2011 HOMELAND SECURITY GRANT PROGRAM FUNDS CLERK OF COUNCIL USE ONLY: . * _W ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MAN ER RECOMMENDED ACTION Approve an Appropriation Adjustment recognizing additional FY 2011 Urban Areas Security Initiative funds in the amount of $681,000 in the FY 2011 Urban Areas Security Initiative Program Grant revenue account (no. 12514002 52001) and appropriate same in the grant expenditure accounts (nos. 12514407 - various). DISCUSSION The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI), which provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti - terror equipment, planning, training, exercises and technical assistance. In FY 2006 the United States Department of Homeland Security combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana is designated as an Urban Area Core City and shares grant administrative responsibilities with the City of Anaheim. In September of 2011 the City of Santa Ana was awarded $7,421,142 in UASI grant funds. In July of 2012, the California Emergency Management Agency (CaIEMA) identified the City of Santa Ana to receive additional FY2011 Homeland Security Grant Program funds in the amount of $300,000 for use in supporting the Orange County Intelligence Assessment Center. In May of 2014, the California Governor's Office of Emergency Services identified the City of Santa Ana to receive additional FY2011 Homeland Security Grant Program funds in the amount of $681,000. These funds will be used to fund regional projects, including Orange County Intelligence Assessment Center operations, enhancements to the OC Civic Center Surveillance System, and hazardous materials detector equipment for the Regional HazMat Teams. 20C -1 Homeland Security Grant Program July 1, 2014 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY 2011 UASI Grant account (no. 12514002 52001) by $681,000 and appropriate same in the FY 2011 UASI Grant expenditure accounts (nos. 12514407 - various). APPROVED AS TO FUNDS AND ACCOUNTS: A N KAi Carlos Roja@ Francisco Gutierrez Chief of Police Executive Director Santa Ana Police Department Finance & Mgt. Services Agency 20Ci -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED CONTRACT AWARD TO ATLANTIC ❑ As Recommended MACHINERY INC. FOR A COMPRESSED [] Amended NATURAL GAS HYDRO - EXCAVATION E] O Ordinance on 1 Reading ❑ Ordinance on 2nd Reading UNIT (SPEC. NO. 14 -040) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAG RECOMMENDED ACTION Award a contract to Atlantic Machinery Inc. for the purchase of a compressed natural gas hydro - excavation unit in the amount of $483,650, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Water Systems Maintenance Division performs a variety of maintenance and repairs to City's water distribution system which consists of approximately 4,500 miles of water mains, 57,000 water services, 4,815 fire hydrants, 7 pumping stations, 20 production wells and facilities and other water related assets. Current water main repair work is done through traditional excavation methods which include digging a trench. A hydro- excavation unit will expedite repair work to system disruptions, such as water main breaks or leaks, by performing "no dig" excavation operations. Additionally, "no dig" excavation technology minimizes potential damage to other underground utilities, reduces occupational hazards associated with traditional excavations and reduces the excavation footprint. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The National Joint Powers Alliance contract 022014 -AMI with Atlantic Machinery Inc. for Vac -Con hydro- excavation units was awarded as a result of open, competitive bidding, and meets the City's requirements. The award amount includes a $10,000 contingency for unanticipated services, accessories and supplies. 22A -1 Contract Award for a CNG Hydro- Excavation Truck July 1, 2014 Page 2 FISCAL IMPACT Funds are available in the Public Works Water System Maintenance account (no. 06017641- 66400). Edwin "William" Galvei, P.E. Interim Executive Director Public Works Agency RG /ET /sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 22A -2 REQUEST FOR COUNCIL. ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: CONTRACTS AWARD FOR VEHICLE TIRES (SPEC. NO. 14 -028) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_1=2009lr ❑ As Recommended ❑ As Amended ❑ Ordinance on 15r Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award contracts for vehicle tires for a one -year period in annual aggregate amount not to exceed $140,000, 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, with the following vendors: Vendor Parkhouse Tire Inc. Daniels Tire Service DISCUSSION Location Santa Ana Santa Fe Springs The Finance and Management Services Facilities, Fleet and Central Stores Division is responsible for the maintenance and repair of City vehicles. Tires are replaced regularly to ensure safety and efficiency. The various City vehicles utilize a wide variety of tires selected to best suit each vehicle's demands and to meet the manufacturers' recommended brand and size. The contracts provide tires for all vehicles within the fleet for maximum safety and fuel efficiency. The notice inviting bids was advertised on April 10, 2014 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 33 Vendors notified 2 Santa Ana vendors notified 4 Vendors downloaded the bid packet 3 Bids received 2 Bids received from Santa Ana Vendors Bids were solicited, opened on May 8, 2014 and evaluated (Exhibit 1). The bids received from the recommended vendors are responsive to the specifications and meet the City's requirements. Maintaining two vendors under contract allows the Fleet Division to purchase the recommended tire for each vehicle. 2213-1 Contracts Award for Vehicle Tires July 1, 2014 Page 2 FISCAL IMPACT Funds are available in the Finance and Management Services Equipment Maintenance /Garage Operation account (no. 07510100 - 62322) and charged back to the various operating departments through monthly vehicle rental charges. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 5� Executive Director Finance and Management Services Agency DS /sp Exhibit: 1. Bid Abstract 228 -2 BID ABSTRACT VEHICLE TIRES (14 -028) Bidder Parkhouse Tire Location Santa Ana, Ca Delivery As stated on contract Daniel's Tire Service Santa Fe Springs, Ca As stated on contract Tire Santa Ana, Ca As stated on contract Final Ranking 1 2 3 EXHIBIT 1 22B -3 22B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: CONTRACT AWARD TO ALHAMBRA FOUNDRY CO. LTD. FOR MANHOLE FRAMES AND COVERS (SPEC. NO. 14 -039) i RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: FiTff ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Alhambra Foundry Co. Ltd. for the purchase of manhole frames and covers for a one -year period in an annual amount not to exceed $50,000, 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 DISCUSSION The Public Works Agency (PWA) Water Resources Division maintains the City's sanitary sewer systems consisting of approximately 390 miles of pipelines and 8,500 manholes. Approximately 160 manhole covers are replaced annually due to damage or wear and tear. Alhambra Foundry Co. Ltd. was the original supplier of the City's manhole frames and covers manufactured according to the 1969 City Standard Plans. As such, parts are not interchangeable with products manufactured by other foundries. The City therefore purchases its manhole covers and parts through Alhambra Foundry Co. through the Finance Department Central Stores warehouse. The Central Stores warehouse provides PWA crews a one -stop shop for stock items in order to expedite services and improve response time. The manhole covers and parts are then distributed to Public Works water and sewer crews to provide readily available custom stock, based on quantity pricing. FISCAL IMPACT Funds are available in the Public Works Sanitary Sewer Service account (no. 05617640 - 63001) and the Water System Maintenance account (no. 06017641 - 63001). Edwin "William" GaKz, P.E. Interim Executive Director Public Works Agency LH APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 22C -1 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 1 , 2014 TITLE: APPROVED AWARD A CONSTRUCTION ❑ As Recommended CONTRACT FOR THE SANTA ANA ZOO ❑ As Amended OCELOT EXHIBIT PROJECT NO. E] [I on 2 Reading ( ❑ n Ordinance on tl Reading 132636) ❑ Implementing Resolution ❑ Set Public Hearing For / CONTINUED TO -- / FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Lehman Construction, Inc., the lowest responsible bidder, in accordance with the Base Bid lump sum prices including Add Alternates I, Il, III and IV, totaling $397,419, for the construction of the Santa Ana Zoo Ocelot Exhibit. 2. Approve the Cost Analysis for a total estimated project delivery cost of $516,630. 3. Approve an amendment to the agreement between the City of Santa Ana and Friends of Santa Ana Zoo to accept an additional $176,902 donation for the Santa Ana Zoo Ocelot Exhibit project, for a total project contribution of $526,902. 4. Approve an appropriation adjustment recognizing the Friends of Santa Ana Zoo donation of $176,902 in the PRCSA Fees and Donations revenue account and appropriating the same amount into the PRCSA Fees and Donations expenditure account. DISCUSSION In June 2013, City Council approved the FY 13/14 Capital Improvement Program (CIP) that included a project to construct the Ocelot Exhibit at the Santa Ana Zoo at Prentice Park (Exhibit 1). When completed, the Ocelot Exhibit will showcase these wild spotted cats, and educate the public on how these animals survive in their natural habitat. Project improvements include construction of an ocelot holding facility, habitat exhibit areas with fencing, pathways, irrigation, and landscaping. The new Ocelot Exhibit is part of the Santa Ana Zoo Master Plan and is made possible by the Friends of Santa Ana Zoo ( FOSAZ). FOSAZ has supported the Santa Ana Zoo for many years by raising funds through its zoo membership program, proceeds from train and carousel rides, gift shop sales and charitable donations. The organization also actively works to conserve endangered species and focus the zoo collection on animals from Central and South America. In particular, the Santa Ana Zoo, along with zoos across the nation, is working collectively to save the 23A -1 Award a Construction Contract Santa Ana Zoo Ocelot Exhibit (Project No. 132636) July 1, 2014 Page 2 ocelots from threatened extinction. On July 15, 2013, City Council approved a funding agreement accepting $350,000 in grants and contributions from FOSAZ to develop the ocelot exhibit. The project specifications identified a base scope of work to build a holding facility and one habitat area. Four additional alternative scopes of work were bid to build a second habitat area, interior caging, walkways fencing, furniture, landscaping, and irrigation. Although the available construction funding was greater than consultant architect's construction cost estimate to build the entire exhibit, staff was concerned that the bids may be higher than estimated. Therefore, the project bid instructions specified that the successful bidder would be determined by the lowest base scope bid. The Public Contract Code Section 20103.8 (Exhibit 2) specifies how the lowest responsive bidder is determined and the amount of the contract awarded. A Notice Inviting Bids was advertised on March 28 and 29, 2014, and bids were opened on April 23, 2014. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors receiving notices 18 Contractors requesting bidding documents 28 Bids received 7 Bids received from Santa Ana contractors 1 Bid Results Summary BIDDERS NAME BASE BASE ADD TOTAL (LOCATION BID BID -- SCOPE BID RANK BID Lehman Construction, Inc. Tustin 1 $195,080 $202,339 $397,419 A22 Construction, Inc. Rancho Santa Margarita 2 $210,000 $166,360 $376,360 Unique Performance Construction, Inc. 3 $239,000 $224,630 $463,630 Anaheim Vido SAlta Loma Inc. Alta Loma 4 _ $258,000 $237,670 $495,670 Dalke & Sons Construction Inc. Riverside 6 $273,327 $160,389 $433,716 Faris Construction, Inc. Oceanside 6 $285,000 $215,966 $500,966 A total of seven bids were received and all but one was deemed responsive. The City was advised that additional funding is available to award all of the additional improvements. 23A -2 Award a Construction Contract Santa Ana Zoo Ocelot Exhibit (Project No. 132636) July 1, 2014 Page 3 Therefore staff recommends approval of an amendment to this agreement to accept an additional $176,902 donation, for a total FOSAZ contribution of $526,902. Staff also recommends award of a construction contract to Lehman Construction, Inc., to complete the base scope of work and the four additional improvements for a total of $397,419. I:I.D /IZ *TkCr' Environmental Review No. ER- 2013 -54 has been completed and a Notice of Exemption filed pursuant to the California Environmental Quality Act. In addition, a Certificate of Categorical Exclusion has been prepared in accordance with the National Environmental Policy Act (NEPA). FISCAL IMPACT The total delivery cost of this project is estimated at $516,630, which includes construction administration, inspection, testing, survey and contingencies (Exhibit 3). Donations from FOSAZ will be deposited into the Parks, Recreation & Community Services Fees and Donations revenue account (02213002- 57081) and appropriated into Fees and Donations expenditure account (02213200- 66220). Additional funding to cover the costs is available in the District 3 Acquisition and Development Expenditure Fund (31313260- 66220) and the Capital Outlay Expenditure Fund (05113263- 66220). 7-- Edwin "William" Galvjs -, P.E. Interim Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation, Services Agency EWG /SF Community Exhibits: 1. Ocelot Exhibit Location Map 2. Public Contract Code 3. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez (� Executive Director Finance & Management Services Agency 23A -3 23A -4 Award a Construction Contract Santa Ana Zoo Ocelot Exhibit (Project No. 132636) July 1, 2014 Page 4 LJ -1_J_J 1 FIRST STREET r ' tl. 0 .r.� SANTA ANA ZOO c r,,, /IRvttUttH44Cv1t�Vdtttll' � '- ' v 5 w `�-� tiV1i1ll1ll4ve1WUYt1lY\ LIltll14ll91 tt uuvwv_L� [�- `1il11llll1ti1fY1V111t1VYlLtV CHESl'NUT AV J L 1 V1 EXHIBIT I SANTA ANA T ❑NM COUNCIL . TITLE; 23A -5 23A -6 Award a Construction Contract Santa Ana Zoo Ocelot Exhibit (Project No. 132636) July 1, 2014 Page 5 PUBLIC CONTRACT CODE SECTION 20103.8 20103.8. A local agency may require a bid for a public works contract to include prices for items that may be added to, or deducted from, the scope of work in the contract for which the bid is being submitted. Whenever additive or deductive items are included in a bid, the bid solicitation shall specify which one of the following methods will be used to determine the lowest bid. In the absence of a specification, only the method provided by subdivision (a) will be used: (a) The lowest bid shall be the lowest bid price on the base contract- without consideration of the prices on the additive or deductive items. (b) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. (c) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that when taken in order from a specifically identified list of those items in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the local agency before the first bid is opened. (d) The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders or proposed subcontractors or suppliers from being revealed to the public entity before the ranking of all bidders from lowest to highest has been determined. A responsible bidder who submitted the lowest bid as determined by this section shall be awarded the contract, if it is awarded. This section does not preclude the local agency from adding to or deducting from the contract any of the additive or deductive items after the lowest responsible bidder has been determined (e) Nothing in this section shall preclude the prequalification of subcontractors. Exhibit 2 23A -7 23A -8 Award a Construction Contract Santa Ana Zoo Ocelot Exhibit (Project No. 132636) July 1, 2014 Page 6 COST ANALYSIS PROJECT NO. 132636 SANTA ANA ZOO OCELOT EXHIBIT Construction Contract $397,419 Contract Contingency $79,483 Contract Administration* $17,880 Inspection and Testing* $21,848 TOTAL ESTIMATED PROJECT COSTS 51 30 *This is a combined 10% of the construction contract. Exhibit 3 23A -9 23A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 20114-01 FOR THE PROPERTY LOCATED AT 2214 NORTH GREENLEAF STREET CITY MANY GER CLERK OF COUNCIL USE ONLY: F.T07100WO, , ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For ®_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Sherrie Gibson, property owner, for the structure located at 2214 North Greenleaf Street, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Sherrie Gibson, property owner, for the structure located at 2214 North Greenleaf Street, subject to non - substantive changes approved by the City Manager and City Attorney at its June 5, 2014 meeting by a vote of 7:0 (Hitterdale absent). DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $133.95 to $669.76 annually, for a period of not less than ten years. Karen Haluza Interim Executive Director Planning & Building Agency HS: rb Whistoric into \mills act agreements12214 N_Greenleaflhppai4 -1 2214NGreenleaf.cc Exhibit: A. Historic Resources Commission Staff Report 25A -1 25A -2 REQUEST FOR �2 Historic Resources Commission Action JUNE 5, 2014 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2014 -01 FOR THE PROPERTY LOCATED AT 2214 NORTH GREENLEAF STREET Prepared by Hally Soboleske w f "\. APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUER TO s Interim Executive Di ctor rr Acting Plann4eig Manager ~_ RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Walter and Sherrie Gibson, property owners, for the structure located at 2214 North Greenleaf Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Walter and Sherrie Gibson, request the approval of Historic Property Preservation Agreement No. 2014 -01 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes an English Revival styled residence and garage located at 2214 North Greenleaf Street and is within the Floral Park Neighborhood. Surrounding land uses are residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25A -3 HPPA No. 2014 -01 June 5, 2014 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties, The subject property was placed on the local register as the Jacobs House and categorized as Contributive in April of 2014 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hall Sobol ke Associate anner Ide 11 SergioWYM, AICP Principal Planner HS:jm hslhistoric Info\mills act agreements \2214_N_Greenleahhppal4 -D1 221ANGreanleathrc Attachments: Exhibit 1 — 500' Radius Map Exhibit 2 — Department of Parks and Recreation Form Exhibit 3 — Mills Act Agreement 25A -4 1 JLM IN as 22 11 10" 45 34 33 36 35 37 38 40` 39 T 41 41„ s # 9� 46 +. 1e 61 5 "` �3 c yyI 11 y3 55 �.7 i- 48 7'O, 5P 1 72 M 1� diii AG W 'R a Ls 500' RADIUS HPPA - 2014 -01 2214 North Greenleaf Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25A -5 EXECUTIVE SUMMARY JACOBS HOUSE 2214 North Greenleaf Street Santa Ana, CA 92706 NAME Jacobs House REF. NO, ADDRESS 2214 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I NIA NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ID Historic ❑ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the fagade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. The Jacobs House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for Its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series 4 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 5: Ineligible for the National Register, but still of local significance. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation EXHIBIT 2 Page 1 of 4 25A -6 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinoml NRHP Status Other Listings Review Coda Reviewer or number (assigned by recorder) P1. Other Identifier: *132. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2214 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002- 081 -04 *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This English Revival styled home faces the east. The structure is topped with a steeply pitched roof that is typical of English and Tudor Revival styles. Two gables face the street, with the southernmost gable taller than the other. Both gables have a rolled edge and the front porch has a dog -eared opening leading to the heavy wood front door. The eaves are narrow. Three casement windows face the front, along with a chimney sheathed in stucco like the rest of the home's exterior finish. The front yard is well manicured and contains a path leading from the right -of -way to the front entry. The front yard is surrounded by a wood picket fence. The property is In excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: ■Building []Structure CObject ©Site ❑District 'Element of District 00ther P5b. Photo: (view and date) East facing elevation 2014 *P6. Date Constructed /Age and Sources: ■historic 1930 *P7. Owner and Address: Sherrie A. Gibson 2214 North. Greenleaf Street Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: April 03, 2014 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None *Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ODistrict Record ❑Linear Feature Record ❑Milting Station Record ❑Rock Art Record Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 2 of 4 25A -7 *Required information State of California —The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 - nebourue rvame or rr: uacous house Bl. Historic Name: Jacobs House B2. Common Name: Same B3. Original Use: Single - family Residence B4, Present Use: Single - family Residence *B5. Architectural Style: English Revival *B0. Construction History: (Construction date, alterations, and date of alterations): Constructed 1929 December 13, 1929. Residence and garage by E.C. Rogers. May 5, 1933. Repair chimney. December 17, 1936. Playhouse. May 29, 1942. Addition to residence. $450.00 April 3, 1946. Reroof. December 22, 1949. "L" stove for Otto Jacobs. *B7. Moved ?sNo ❑Yes ❑Unknown Date: Original Location: *BS. Related Features: None. B9a. Architect: Unknown b. Builder: Jasper Farney *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901 -1954 Property Type: Single - family Residence Applicable Criteria: NR: B.Q CR: 2,3 (Discuss importance In terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The residence was constructed by E. C. Rogers as a speculative venture and was physically built by Jasper Farney, Mr. Rogers lived at 1010 North Towner in Santa Ana at the time. The first residents of the house were Otto A. and Elsie Jacobs. Otto was born in 1895 in Iowa to Francis and Rinehart of Germany. Mr. Jacobs became an attorney and partner in the firm Jacobs, Corfman, and Jacobs. Otto and Elsie married in 1912 In Chicago, Illinois before moving to Santa Ana. The Jacobs lived in the home until 1940 when they moved to a property on Lowell Street. The next owner was David Stone. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Sketch Map Jacobs House (See Continuation Sheet of 4.) 2214 North Greenleaf Street B13, Remarks: *B14. Evaluator: HallySoboleske -r •••` -- *Date of Evaluation: April 2014 ON env (This space reserved for official comments.) �@ 0, 01OIO n0,0, +o 1/ •� Ifi 1 TRACT �. 1 1. •. � NELIOTRa7E �. �. -' "• DPR 62313 (1/95) Page 3 of 4 *Required Information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 *Recorded by Hally Soboleske *610. Significance (continued): *Date April 03, 2014 '® Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Jacobs House is located In Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15,1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981), Revival architecture in a wide variety of romantic styles was celebrated in the 19208 and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clare Avenue, In the late 1920s and 1930s, another builder, Roy Roscoe Russell (188'1- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War it years, Floral Park continued its development as numerous smaller, single - family houses were built. Continuing in the Floral Park tradition, they were mostly revival In style, In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Jacobs House qualifies for listing In the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it Is a" good example of period architecture ". Character defining features include rolled edge roofing, original windows where extant, front facing chimney and overall asymmetric composition. *B12. References (continued); Harris, Cyril M. American Architecture: Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses, New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995, Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969, Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989, Park Santiago Neighborhood Association. "The Gingerbread Lands Holiday Home Tour, 1999. " Brochure. Rischard, Maureen McClintock. "People Behind Places: Endede Center." Orange County Geneological Society Quarterly, December 1993, pages 4.7. Santa Ana and Orange County Directories, 1905.1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. DPR 523L Page 4 of 4 25A -9 MILLS ACTAGREEMENT 2214 North Greenleaf Street Santa Ana, CA 927 06 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this July 1, 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 of the State of California (hereinafter referred to as "City "), and Sherrie Gibson, (hereinafter referred to as "Owner "), owner of real property located at 2214 North Greenleaf Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2214 North Greenleaf Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. EXHIBIT 3 24t I: MILLSACTAGREEMENT 2214 North Greenleaf Street Santa Ante, CA 92704 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq„ Chapter 3 Part 2 of Division I of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on July 1, 2014, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nomenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25A -11 MILLSACTAGREEMENT 2214 North Greenleaf Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owners shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owners shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public, d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owners shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. .3- 25A -12 MILLSACTAGREEMENT 2214 North Greenleaf Streei Smug Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owners have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owners shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 r /2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement, b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owners, the City shall give written notice to the Owners by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners)„ then the City may, without further notice, declare a default tinder the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by _q. 25A -13 MILLSACTAGREEMENT 2214 North Greenleaf Street Santa Anti, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at 2214 North Greenleaf Street, Assessor Parcel Number, 002 - 081 -04, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owners shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City; City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owners: Sherrie Gibson 2214 North Greenleaf Street Santa Ana, CA 92706 -5- 25A-14 MILLSACTAGREEMENT 2214 North Greenleaf Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owners agree to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25A -15 MILLS ACTAGREEMENT 1214 North Greenleaf Street Santa Ana, CA 92706 11, Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13, Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City By: CITY OF SANTA ANA DAVID CAVAZOS City Manager By: -7- 25A -16 Sherrie Gibson MILLS ACTAGREEMENT 2214 North Greenleaf Street Santa Ana, CA 92706 Exhibit A Tract 879 Lot 3 S 35 feet thereof (Lot 4 North 15 feet thereof) filed in the Office of the County Recorder of Orange County, Assessor's Parcel Number: 002- 081 -04 -8- 25A -17 MILLSACTAGREEMENT 2214 North Greenleaf Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. The surface cleaning of strictures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25A -18 MILLSACTAGREEMENT 2214 North Greenleaf Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 25A -19 MILLSACTAGREEMENT 2214 North Greenleaf Street Santa Ana, CA 92706 Exhibit C (photographs attached) .I I_ 25A -20 2214 NORTH GREENLEAF STREET PHOTO LOCATION MAP GREENLEAF • .50,0 I ( 1 I I I 1 I I 14U I I I I I I I s � I I I I • NORTH -12- 25A-21 25A -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2014-02 FOR THE PROPERTY LOCATED AT 2335 NORTH OAKMONT AVENUE �I CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Giles Benjamin Boden Candy and Kristin Meredith Candy, property owners, for the structure located at 2335 North Oakmont Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Giles Benjamin Boden Candy and Kristin Meredith Candy, property owners, for the structure located at 2335 North Oakmont Avenue, subject to non - substantive changes approved by the City Manager and City Attorney at its June 5, 2014 meeting by a vote of 7:0 (Hitterdale absent). DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $12.50 to $617.69 annually, for a period of not less than ten years. � Karen Haluza Interim Executive Director Planning & Building Agency HS:rb hs\historic info \mills act agreaments12335_N_ Oakmont \hppa14- 2_2335NOakmont.cc Exhibit: A. Historic Resources Comm BSt1ff Report 25B -2 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURC.ESCOnmASSION wEnW DATE: JUNE 5, 2014 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2014-02 FOR THE PROPERTY LOCATED AT 2335 NORTH OAKMONT AVENUE Prepared by Hally Soboleske APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Interim Executive Director Acting ( ianning'Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Giles Benjamin Boden Candy and Kristin Meredith Candy, property owners, for the structure located at 2335 North Oakmont Avenue, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Giles Benjamin Boden Candy and Kristin Meredith Candy, request the approval of Historic Property Preservation Agreement No. 2014 -02 (Mills Act) between the property owner and the City of Santa Ana, Property Description The subject property includes an English Revival styled residence and garage located at 2335 North Oakmont Avenue and is within the Park Santiago Neighborhood. Surrounding land uses are residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25B -3 HPPA No. 2014 -02 June 5, 2014 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Anderson House and categorized as Contributive in March of 2004 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. IV Hally Soboleske Associate Planner Serg otz, AICP Principal Planner HS :jm hslhistoric Infolmills act agreementst2335 _N_Oakmont\hppel4 -02 2335NOakmohthrc Attachments: Exhibit 1 — 500` Radius Map Exhibit 2 — Department of Parks and Recreation Form Exhibit 3 — Mills Act Agreement 25B -4 HPPA- 2014 -02 2335 North Oakmont Avenue PLANNING AND BUILDING AGENCY EXECUTIVE SUMMARY ANDERSON HOUSE 2335 North Oakmont Avenue Santa Ana, CA 92706 NAME Anderson House REF. NO. ADDRESS 2335 North Oakmont Avenue CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE S53 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Late Nineteenth and Twentieth Century Revivals /Other: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic sloped roof treatment incorporates rakes of uneven lengths, with one side of a gable extending a greater distance than the otter, sometimes changing the angle of slope in the process. Arches maybe used for windows and doors, and, unlike their Tudor cousins, are often rounded rather than pointed. Windows are usually clustered in groups on the fagade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARWCONCLUSION: The Anderson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Park Santiago neighborhood, and, as an Engl ish Revival home, "is a good example of period architecture" (Municipal Code, Section 30.2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series 0 7, "How to Nominate Resources to the California Register of I- storical Resources," September 4,200 L) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) EXHIBIT 2 Page 1 of 4 25B -6 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 3_ Resource name(s) or number (assigned by recorder) Anderson House P1. Other Identifier: *P2. Location: ❑Nat for Publication ■Unrestricted *b. USGS 7.5' Quad Orange TCA 1725 *c. Address 2335 North Oakmont Avenue *e. Other Locational Data: Assessor's Parcel Number: *a. County Orange County Date: City Santa Ana Zip 92706 003- 091 -26; N TR 378 BLOCK: B LOT: 10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one -story residence displays the English Revival style. Covered with stucco, the building is topped by a fairly steeply pitched cross -gable roof. Tall, arched louver vents are located in the gable ends. The U- shaped fagade consists of three sections: a large, front- gabled, projecting wing on the north, a small, hipped roof bay that also projects on the south, and a recessed, side -gable connecting wing that contains a small, open patio and the entry. A large, tripartite window with a segmented arch transom is centered on the fagade of the north wing. Tucked beneath the overhang of the hipped roof, a double casement window is located in the south wing. Partially enclosed by a low wall, the central patio is also somewhat shaded by the roof overhang, and features a glazed front door flanked by sidelights that faces the street (west) and a pair of French doors oriented to the south. An arched opening pierces a wing wall at the north end of the fagade, while a lower wing wall on the south end curves downward towards the driveway. Bisected by a strip of grass, the "Hollywood driveway" leads to a stuccoed and front - gabled garage that echoes the colors and materials of the house. Appearing substantially unaltered from the street, the property Is handsomely landscaped with flowering shrubs, a lawn, and a now entry path. *P3b. Resource Attributes: (list attributes and codes) HP2, Single - family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. P6b. Photo: (view and date) West elevation February 2004 *P6. Date Constructed /Age and Sources: ■historic 1923/City of Santa Ana Building Permits *P7. Owner and Address:. Ronald C & Sylvia D Richardson 2335 North Oakmont Avenue Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: February 2, 2004 *P10. Survey Type: Intensive Survey Update *Attachments: ONone CLocation Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ❑District Record ❑Linear Feature Record OMilling Station Record ❑Rock Art Record IlArtifact Record OPhotograph Record 17 Other (list) OPR 523A (1195) Page 2 of 4 25B -7 *Required Information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S3 "Resource Name or 9: Anderson House 81. Historic Name: Anderson House B2. Common Name: Same B1 Original Use: Single - family Residence B4. Present Use: Single- family Residence *B5. Architectural Style: English Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1923. April, 1923. Residence and garage, October 18, 1935, Alterations. May 20, 1942. Reroof. Augusl8, 2002. Add master bedroom & bathroom (relocated one existing bathroom to new addition). Change -out windows in kitchen & living room with same size. *87. Moved? ■No ❑Yes ❑Unknown Date: Original Location; *138, Related Features: "Hollywood driveway" and garage. 139a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901 -1954 Property Type: Single- family Residence Applicable Criteria: NR: C; CR., 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope, Also address integrity) The Anderson House is architecturally significant as an intact example of the English Revival style and as one of the first homes to be constructed on OakmontAvenue after it was opened in 1923. According to the building permit records, the house was built in 1923 at a cost of $5,000 for R. Frazer. The first residents of the house were Lyle and Emma Anderson, who lived at this address until at least 1935. Mr. Anderson was a salesman fertile National Cash Register Company. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 813. Remarks: *1314. Evaluator; Leslie J. Neumann *Date of Evaluation: February 2, 2004 "Required information (This space reserved for official comments.) DPR 5298 (1195 Page 3 of 4 25B -8 Sketch Map x.exwr ntabi p I � i a �.xht Anderson House 2335 North Oakmont Avenue State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by Leslie J. Heumann, SAIC "Date February 2, 2004 IM Continuation ❑ Update "B10. Significance (continued: The Anderson House is Located in the Park Santiago neighborhood, near the present northern city limits of Santa Ana and substantially north of the original city core The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1 -5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street, the Atchison, Topeka, and Santa Fe tracks followed Lincoln, and the Southern Pacific Railroad right -of -way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1906, the city directories listed around twenty households on East Santa Clara, Twentieth Street, 'C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or "fruit grower' as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid- 1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people In service professions such as painters, electricians, and carpenters made their homes in the western hall of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single - family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War /l. The Anderson House qualifies for listing in the Santa Ane Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Park Santiago neighborhood, and, as an English Revival home, "is a good example of period architecture." The Anderson House displays typical features of this popular revival style of the 1920s and 1930s, including a cross - gabled roof of moderately steep pitch, a "U "shaped fegade, that embraces a patio, arched openings, and a decorative pattern of muntins in the windows. Character - defining exterior features of the Anderson House that should be preserved include, but may not be limited to: materials (stucco); roof configuration and detailing; massing; originator restored windows and doors; patio; architectural details (such as the attic vents and wing walls); "Hollywood driveway; and garage. *1312. References (continued }; Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998, Marsh, Diann. Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York., Alfred A, Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form, "Washington DC: National Register Branch, National Park Service, US Dept, of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources.' Sacramento., March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1906 -1935. Historic Maps, Santa Ana History Room, 1912, 1923, 1932 and 1955. DPR 523L Page 4 of 4 25B -9 MILLS ACTAGPEEMENT 2335 North Oakmont Avenue Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement') is made and entered into this July 1, 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 of the State of California (hereinafter referred to as "City "), and Giles Benjamin Boden Candy and Kristin Meredith Candy, (hereinafter referred to as "Owner "), owners of real property located at 2335 North Oakmont Avenue, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act') to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2335 North Oakmont Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new *A:11 -1hW -1- 25B-10 MILLS ACTAGREEMENT 2335 North Oakmont Avenue Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on July 1, 2014, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other parry. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25B-11 MILLSACTAGREEMENT 2335 Nordi Oakmont Avenue Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owners shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owners shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character- defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Cormnission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or utnepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or famiture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owners shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25B-12 MILLS ACT AGREEMENT 2333 North Oakmont Avenue Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public heating by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owners have failed to restore or rehabilitate the property in the mariner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owners shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 '/) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by erninent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terns of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owners, the City shall give written notice to the Owners by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable thne as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners), then the City may, without further notice, declare a default under the terns of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terns of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any clairn of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25B-13 MULS ACT AGREEMENT 2335 North OahnontAvenue Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at 2335 North Oakmont Avenue, Assessor Parcel Number, 003 - 091 -25, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whetber such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation, Owners shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property oil the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the teens of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owners: Giles Benjamin Boden Candy ll-istin Meredith Candy 2335 North Oakmont Avenue Santa Ana, CA 92706 -5- 25B-14 MILLS A CT A GREEMENT 2335 North Oakniont A venue Santa Ann, CA 92706 10. General Provisions. a. None of the terns, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owners agree to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from 'liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any inanner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25B-15 MILLSACTAGREEMENT 2335 North Oakmont Avenue Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation, 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager Owner Date: By: Giles Benjamin Boden Candy Date: By: Kristin Meredith Candy APPROVED AS TO FORM: SONIA CARVALHO City Aorjpey , IC Attorney -7- 25B-16 MILLSACTAGREEMENT 2335 North Oulanont Avenue Santa Ana, CA 92706 Exhibit A Lot 10, Block B of Tract No, 378 in the City of Santa Ana, County of Orange, State of California, as per trap recorded in Book 16, Page 4 of Miscellaneous Maps in the Office of the County Recorder of Orange County. Assessor's Parcel Number: 003- 091 -25 _g_ 25B -17 MILLS ACT AGREENNENT 2335 North Oalwont Avenue Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its enviromnent, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25B-18 MILLS ACT AGREEMENT 2335 North Oahrnont Avenue SaataAna, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a mamier that if such additions or alterations need to be removed in the future, the essential fonn and integrity of the structure would be unimpaired. _ tp_ 25B -19 I ot 2335 NORTH OAKMONT AVENUE PHOTO LOCATION MAP OAKMONT 50.0 I O I I I I I I I I 1 1 ` I 150.09 I 1 I 1 I 1 I I I I � Y I I NORTH 256 -21 25B -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE AMENDMENT TO AGREEMENT WITH PCC NETWORK SOLUTIONS FOR CABLING SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 01120i]W ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' 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 the attached amendment to the agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney, with PCC Network Solutions, a Pacific Coast Cabling, Inc. company, to provide cabling services to the City with provisions for three one -year renewal options exercisable by the City Manager and City Attorney, in an increased amount not to exceed $100,000 per term for a total aggregate amount not to exceed $600,000. DISCUSSION The Finance & Management Services Agency Telecommunications Division provides operations, voice and data communications services to all City departments. Cabling services are needed to support changes, additions and moves throughout the City. This cabling work ensures that all City offices and work locations continue to stay connected and benefit from new technology as it becomes available. On September 3, 2013, the City Council approved a three -year agreement with PCC Network Solutions, a Pacific Coast Cabling, Inc. company with provisions for three, one -year renewals, to provide cabling services to the City. The term of this agreement commenced on .September 3, 2013 and will expire on August 31, 2016. These cabling services are in response to the operational requirements of the various City departments. Consistent with the terms and conditions of the existing agreement, staff proposes to expand the scope of work to include the Mobility Solutions Initiative which was not a component of the current contract. The Mobility Solutions Initiative will provide Wi -Fi access in all City operating locations which will necessitate the same level of cabling support service in a shortened period of time. To provide for this expansion of the scope of work, it is recommended that the agreement 25C -1 First Amendment to Agreement for Cabling Services July 01, 2014 Page 2 with PCC Network Solutions be amended for an additional amount not to exceed $100,000 per year. FISCAL IMPACT Funds are budgeted and are available in the Communication Services account for contractual services (account no. 10210140 62010). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 5R Executive Director Finance and Management Services Agency CM Exhibit: First Amendment to Agreement 25C -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 1st day of July, 2014, by and between PCC Network Solutions, a Pacific Coast Cabling, Inc. company (hereinafter "Contractor ") and 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 (hereinafter "City"). RECITALS: A. The Parties entered into Agreement A- 2013 -144 dated September 3, 2013, hereinafter referred, to as "said Agreement ", for providing cabling services for voice and data, B. In accordance with the terms and conditions of said Agreement, the Parties wish to amend the Compensation and Term of said Agreement in order to provide additional cabling service under said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, of said Agreement is hereby amended to increase the maximum yearly compensation by $55,000,00 per year to a total amount not to exceed $100,000.00 per year, for a total aggregate compensation not to exceed $600,000.00 over the potential full term of the contract. 2. Section 3, TERM, of said Agreement shall be amended to allow the previously agreed upon three (3) additional one (1) year optional renewal terms to be entered into upon the discretion of the City Manager in a writing executed by the Parties, including the City Manager and the City Attorney on behalf of the City. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25C -3 IN WITNESS WHEREOF, the parties hereto have executed this First 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. CAVALHO CITY OF SANTA ANA DAVID CAVAZOS City Manager PCC NETWORK SOLUTIONS Signature Date Name: Title: Tax ID: 25C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: AGREEMENT WITH ANAHEIM REGIONAL MEDICAL CENTER FOR SEXUAL ASSAULT EVIDENCE COLLECTION CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a three -year agreement, ending June 30, 2017, with Anaheim Regional Medical Center to provide acute sexual assault exams and evidence collection in the amount of $120,000, subject to changes approved by the City Manager and City Attorney. DISCUSSION The Police Department uses the services of the Anaheim Regional Medical Center to conduct sexual assault examinations and evidence collection for adult victims and suspects. Results from these tests and evidence collection are necessary for the prosecution of criminal cases. Anaheim Regional Medical Center is the only facility in the county performing rape and sexual assault examinations of adults for prosecution purposes. The Police Department has utilized Anaheim Regional Medical Center for these purposes since 1995. The costs for services are $750 per victim exam, and $350 per day of court room testimony. The agreement amount will include $40,000 per year for a total not to exceed amount of $120,000 for the three year term. The procedures used by this facility are consistent with those expected by the District Attorney's office to ensure best evidence practices are followed and that privacy concerns of victims are adequately safeguarded. 2513-1 Agreement with Anaheim July 1, 2014 Page 2 FISCAL IMPACT Regional Medical Center Funds are available in the Police Departments District Investigations fund Account (account no. 01114435 62300) in the Fiscal Year 2014 -15 budget. Carlos Rojas Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez �,� Executive Director Finance and Mgt. Svcs. Agency 25D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE FIRST AMENDMENT TO AGREEMENT WITH NEC CORPORATION OF AMERICA, INC. FOR TELEPHONE SYSTEM MAINTENANCE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UT500TOWWO ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with NEC Corporation of America, Inc. to exercise an option for the first one -year extension to the existing agreement for an amount not to exceed $190,000 per year to provide maintenance services and related equipment for the City's telecommunications systems. 2. Authorize the City Manager and the Clerk of the Council to execute a future second amendment and third amendment, if and when those amendments are submitted, to extend the agreement with NEC Corporation of America, Inc. for a one -year period for an amount not to exceed $190,000 per year to provide maintenance services and related equipment for the City's telecommunications system. DISCUSSION The City's voice communications network consists of 15 telecommunications systems that support every Agency and Department in the City. These systems are located at City Hall, Police Department headquarters, Police sub - stations and Jail, City Yard, Work Center, Parks and Recreation centers, and the Santa Ana Zoo. The systems are linked internally through the main City Hall telephone system and include over 2,000 telephones and approximately 2,220 voice, fax and modem extensions. In order to ensure the proper functioning of this extensive system, the City contracts for maintenance services. Some of these services include: providing an on -site dedicated service technician to perform repairs, moves, additions and changes; 24 -hour system monitoring and 25E -1 First Amendment to Agreement for Telephone System Maintenance July 1, 2014 Page 2 service response; replacement of any and all defective telephone system equipment; providing engineering support; and providing new telephone equipment. In June of 2011, the City Council approved a three -year agreement with NEC Corporation of America, Inc. with provisions for three, one -year renewals, to provide telephone maintenance, repairs and installation of replacement systems and services for City Hall and all off -site locations. The term of this agreement commenced on July 1, 2011 and will expire on June 30, 2014. NEC Corporation of America, Inc. has provided excellent maintenance and service during the term of its agreement with the City. The City Telecommunications staff recommends extending the current agreement for a one -year period beginning on July 01, 2014. This will be the first amendment to the agreement. FISCAL IMPACT Funds are budgeted and are available in the FY14 -15 Communication Services account for contractual services (account no. 10210140 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency CM Exhibit: First Amendment to Agreement 25E -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this 1 st day of July 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 NEC Corporation of America, Inc., ( "Vendor "), collectively referred to herein as "the Parties ". RECITALS A. The Parties entered into Agreement A- 2011 -164 dated June 20, 2011, hereinafter referred to as "Agreement ", for providing telephone system maintenance and products. B. The Parties hereto now desire to amend the Tenn of said Agreement in order to provide continuous uninterrupted service under the 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: The City hereby exercises the option set forth in Section 2, "Term ", to extend the term for an additional one year period, through June 30, MO. The Council also authorizes the City Manager and the City Attorney to execute the remaining two (2) extension options on this Agreement. 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 First Amendment to Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARV City AAgmey / JOSEPH STRAKA Assistant City Attorney 25E -3 CITY OF SANTA ANA DAVID CAVAZOS City Manager NEC Corporation of America, Inc. Signature Date Name: Tax ID# 25E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: FIRST AMENDMENT TO AGREEMENT WITH LEGACY VOICEMAIL, INC. FOR VOICEMAIL SYSTEM MAINTENANCE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: =••T6 o, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Legacy Voicemail, Inc. to exercise an option for the first one -year extension to the existing agreement for an amount not to exceed $10,000 per year to provide maintenance services and related equipment for the City's voicemail system. 2. Authorize the City Manager and the Clerk of the Council to execute a future second amendment and third amendment, if and when those amendments are submitted, to extend the agreement with Legacy Voicemail, Inc. for a one -year period for an amount not to exceed $10,000 per year to provide maintenance services and related equipment for the City's voicemail system. DISCUSSION The City's voicemail system is one of the 15 systems that comprise the City's telecommunications network that supports every Agency and Department in the City. These systems are located at City Hall, Police Department headquarters, Police sub - stations and Jail, City Yard, Work Center, Parks and Recreation headquarters and centers, and the Santa Ana Zoo. The systems are linked internally through the main City Hall telephone system and include over 2,000 telephones and approximately 2,220 voice, fax and modem extensions. Associated with the voice extensions are voice mailboxes provided by the City's voicemail system. Voicemail services are provided for City staff at all City operating locations. In order to ensure the proper functioning of the voicemail system, the City contracts for maintenance services. Some of these services include: creating and modifying mailboxes; performing preventive maintenance; performing regular system backups; providing engineering support; and replacement of any and all defective voicemail system equipment. 25F -1 First Amendment to Agreement for Voicemail System Maintenance July 1, 2014 Page 2 On June 20, 2011, the City Council approved a three -year agreement with Legacy Voicemail, Inc. with provisions for three, one -year renewals, to provide voicemail system maintenance, repairs and installation of replacement systems and services for the City's voicemail system. The term of this agreement commenced on July 1, 2011 and will expire on June 30, 2014. Legacy Voicemail, Inc. has provided excellent maintenance and service during the term of its agreement with the City. Staff recommends extending the current agreement for a one -year period beginning July 1, 2014. This will be the first amendment to the agreement. FISCAL IMPACT Funds are budgeted and are available in the FY14 -15 Communications Services account for contractual services (account no. 10210140 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: �Lm\S�S:� q -�, )� A��, , Francisco Gutierrez SIP_ Executive Director Finance and Management Services Agency CM Exhibit: First Amendment to Agreement 25F -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT, is made and entered into this 1st day of July 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 Legacy Voicemail, Inc, ( "Vendor "), collectively referred to herein as "the Parties ". RECITALS A. The Parties entered into Agreement N -2011 -094 dated June 20, 2011, hereinafter referred to as the "Agreement ", for providing telephone system maintenance and products. B. The Parties now desire to amend the Term of the Agreement in order to provide continuous uninterrupted service under the Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terns and conditions of the Agreement as hereby amended, the Parties agree as follows: 1. The City hereby exercises the option set forth in Section 2, "Term ", to extend the tern for an additional one (1) year period, through Jute 30, 2015. 2. Except as modified herein, the terns and conditions of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties have executed this First Amendment to the Agreement on the date and year written above. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. Ct. VALHO / City Attomd) By: City CITY OF SANTA ANA DAVID CAVAZOS City Manager LEGACY VOICEMAIL, Inc. Signature Date Name: _ Title: Tax ID# 25F -3 25F -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: SECURITY ENHANCEMENTS AND IMPROVEMENTS TO THE EXTERIOR OF THE FORMER YMCA BUILDING CITY MANACC R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For,_- CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Orange County Contractors Services dba Orange County Mailboxes and Construction to complete security enhancements and physical improvements to the exterior of the former YMCA building for an amount not to exceed $38,650, subject to non - substantive changes by the City Manager and City Attorney. DISCUSSION The YMCA building, located 205 West Civic Center Drive was purchased by the City in 1992. The structure has been vacant since that time and is in serious disrepair due to age and vandalism. Over the years, the City has considered numerous proposals to renovate this historic building, but none were financially feasible. In 2013, with the local economy improving, it was timely to again seek proposals for the site. On March 18, 2014, after a Request for Qualifications process, the City Council authorized the City Manager and the City Attorney to negotiate an Exclusive Negotiating Agreement for the reuse of the YMCA property with St. Joseph Health and Taller San Jose. The City Council also expressed an interest in improving the exterior appearance of the property during the period until the renovation of the YMCA is completed. In response, staff conducted a thorough inspection of the YMCA and the ancillary buildings and developed a list of maintenance issues which require immediate attention as follows: Damaged /inoperable /boarded up windows throughout all floors of all structures on the site; Damaged handrails and guard rails; Exposed and unpermitted light standard foundations and underground electrical conduit as well as exterior mechanical, electrical equipment which has been damaged and /or 25G -1 YMCA Maintenance July 1, 2014 Page 2 removed; • Deteriorated stucco, siding, soffit, wood trim and room eaves that expose framing to moisture intrusion and further damage; • Property fencing which has been compromised and damaged with barbed -wire removed and is continually cut by vandals and must be maintained and repaired to provide security; • Inoperable security gates; • Storage of containers in public view; • Dirt filled planters; • Broken windows and graffiti Section 2.807 of the Santa Ana Municipal Code exempts certain contracts from the City's competitive bidding process, including in those situations where bidding out materials, supplies or labor "would for any reason be an idle act" or in cases where the materials and labor were previously bid and a contractor remains on a list. Through a prior competitive bidding process, the City has contracted with Orange County Contractors Services to perform general maintenance services in the Downtown. Orange County Contractors Services provided a quotation for the deferred maintenance listed above and staff analyzed three possible options ranging in price from $28,717 to $53,610 and are summarized as follows: Option 1: took into account major aesthetic and security improvements including painting two sides of the building, replacing all broken windows, power washing the entry way stairs, painting and prepping exterior stairs, and replacing the chain link fence with an ornamental iron fence at the north elevation. Option 2: same as Option 1, but excluding painting and upper level fence repair on the north elevation. Option 3: same as Option 2, except second floor windows to be replaced with plywood. Option 4: focused mainly on security options and included replacing the north elevation chain link fence with wrought iron, fixing the windows, and painting the plywood on the boarded up windows. All options are summarized on Exhibit 1. Based on the attendant costs of each of the options for the YMCA, as well as the need to balance aesthetics with security concerns, staff recommends Option 2 (Exhibit 2) for $35,145.31, with a contingency of 10 percent for an amount not to exceed $38,650. Staff believes that this mid -level scope of work blends security concerns with aesthetics and will make the building safer and more attractive to the surrounding community during the intervening period until the building rehabilitation is complete. 25G -2 YMCA Maintenance July 1, 2014 Page 3 Due to the fact that Orange County Contractor Services' agreement with the City expired on June 30, 2014, and also due to the urgency of necessary building repairs, staff recommends that the City Council approve the agreement for services for the exclusive purpose of completing security enhancements and improvements to the YMCA building exterior. Staff will engage in the usual bidding process in the future for similar on -going services. FISCAL IMPACT Funds are available in the Downtown Maintenance Fund, Contractual Services account (no, 40718842- 62300 - 05800401087 - 3090). S&6tt Kutner District Manager Community Development Agency SK/kg APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: 1. YMCA Prelim Improvements Final 2. BID Proposal — Orange County Mailboxes 3. Agreement 25G -3 rl r EE 2 X w H u d°' o m vi 00 � °V ri rq ai cu v E c E °- o m U o c 0 _a _ w ° cu T +` Q H L c m i+ N L C > :N U O C OCA Q '6 N N N m W N Q N N E E e v v ° N L O "O O UJ o O N u EC 0 3c c 3 0° 0 0 m v ° c on a° a '1A. a+ B v1 O L N O bA m N L T° S m Y C C H c0 C H O ° C +S+ L 7 'O '� '° O '� to 'o C ° ° 0 t�ii m 'O a° 0 o v s r c$ 0 C v o °o a 0 .� m o E o m ro 3 3 3 W o o o Zz -.- °. c m o a 0 C- C N N m N C_ ° O C m '- N Y> e'' 3 -O C G ° L M m M N p•. 8 m N °' L o .�' L C i H 0 y' E v N m Gl i O > S m w 3 c t m u m 3 3 '7 m m v -c w s_ o v m c =° .= s> c c° m E o t c o ou v c0 c0 a m C o .' H mO 3 c .v u in o 'o T p 3 3 C v S C 3 T O_ O c > E ac u E u c m c s c v E o= m v n° c v d 0 v° v c E Y N 3 v 0 v o c 3 N 3 Y ° v p "C cu Y w C �+ y '6 i �` + X O -O Y on — "L Y '6 L -O O. v U L �n C O O` -0 aj C O O C U 4% C '�., u C 7 '3 N— 3 N N +' C= ° N 2 ca C X) m s� a° m 0° m •@ 3j, c m c W s a v E o x° LL a@ ' O— O 3 N °° m v v 0 �Ea v c° --o o6 v v 0 c v ° C C m C A R Ou O O' a C N .N ++ .. a O O c u (D H m O ++ -°O c a a a a E Q CL a m 3 c a E c a E C. m 3 v o c °- c, z z z a .c w 0 0 ,c .E a Q U U a a a u z U a a z O 0 a U V d t m m a M Q v E VI N c w c c C m m .i w O N u V u Y 3 T L L N S u N H w E V Qo Q W d h- �' ay � N Y •�, .0 y y V 0 H F H ti M L d F 40%J-9F EXHIBIT "A" 25G -5 CA.LIC. #923972 Orange County Contractor Services dba: Orange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.orangecountymailboxes.com Phone: 714-878-3093 FAX: 714-907-0644 Bill To City of Santa Ana Public Works Agency 220 S. Daisy Avenue, M -85 Santa Ana, CA 92702 — IP J,. 9 1 To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date Estimate# 5/29/2014 2981 Customer Contact I Customer Phone Terrns Rep Project Sal or Pedro 714- 647 -3306 Net 30 Qty Description Rate Total * * * ** *NOTES AND SPECIFICATIONS " * * * * ** " 1. THIS ESTIMATE IS BASED ON REQUESTED ITEMS PER THE CITY OF SANTA ANA 2. NO COSTS ARE INCLUDED FOR ANY UNFORESEEN CONDITIONS AND /OR DUE TO THE EXISTING DEFECTIVE INFRASTRUCTURE. 3. ANY ADDITIONAL PROBLEMS FOUND AND /OR REPAIRS NEEDED WILL BE REPORTED TO PROJECT MANAGER AND A CHANGE ORDER WILL BE SUBMITTED. 4. THIS PROJECT WILL REQUIRE SIDEWALK CLOSURES ADJACENT TO MAIN BUILDING ON SYCAMORE AND CIVIC CENTER. 5. ONE LARGE STORAGE CONTAINER WILL BE PLACED ONSITE ON THE SOUTH SIDE OF BUILDING DURING THIS PROJECT. 6, ESTIMATED TIME FOR THIS PROJECT IS 30 DAYS. 7. THIS ESTIMATE INCLUDES LABOR, MATERIALS, DISPOSAL, DELIVERY, AND SALES TAX, 8. PAYMENT TERMS AS FOLLOWS: PROGRESS PAYMENT IN THE AMOUNT OF $10,655.00 DUE UPON COMPLETION OF SITE WORK AND PLYWOOD PAINTING. PROGRESS PAYMENT IN THE AMOUNT OF $9,121.31 DUE UPON COMPLETION OF GLASS REPAIRS, FINAL PAYMENT IN THE AMOUNT OF $15,369.00 DUE UPON COMPLETION. id Proposal No. 2 * * * ** Subtotal Sales Tax (8.0 %) Total All material is guaranteed to be as specified. All work to be completed insubstantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders, and will become an extra charge overand above the estimate. Al agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be endfled to recover Its reasonable attorney's fees and coats of litigation relating to said legal action, as determined by a court of competent jurisdiction. Estimator Signature ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and Signature are hereby accepted. You are authorized to do the work as specified. Date of Acceptance Payment will be made as outlined above. Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid frleght to Orange County Mailboxes, 18100 Kovacs Lane Suite 27, Huntington Beach, CA 92648. Products must be In original shipping cartons and returned within fourteen (14) days of receipt and are subject to a 30% restocking fee, Custom orders and special orders are not cancelable and will net be accepted for return or exchange. Page 1 Note: we may withdraw this proposal If not accepted within 30 days, 25G -6 CA.LIC. #923972 Orange County Contractor Services dba: Orange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.o rangecountymailboxes, co m Phone: 714 -878 -3093 FAX: 714-907-0644 M City of Santa Ana Public Works Agency 220 S. Daisy Avenue, M -85 Santa Ana, CA 92702 FIT � i tir • `7J Ship To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date Estimate # 5/29/2014 2981 Customer Contact Customer Phone Terms Rep Project Sal or Pedro 714 - 647 -3306 Net 30 Qty Description Rate Total 7 REPLACE EXCESSIVELY WORN PLYWOOD WINDOW COVERS ON BASEMENT WINDOWS ON 75.00 525.00 SOUTH AND EAST SIDE OF BUILDING USING 1/4" PLYWOOD. 7 REPLACE EXCESSIVELY WORN PLYWOOD WINDOW COVERS ON LARGE FIRST FLOOR 205,00 1,435.00 WINDOWS ON SOUTH AND EAST SIDE OF BUILDING USING 1/4" PLYWOOD, 10 CONSTRUCT PLYWOOD WINDOW COVERS ON LARGE HIGH WINDOWS ON NORTH SIDE OF 360.00 3,600.00 BUILDING USING 114" PLYWOOD. 1 DEMO, REMOVE AND DISPOSE OF ELECTRICAL STRUCTURE AND HOUSING ON NORTH 395.00 395.00 SIDE OF BUILDING, 1 CAP OFF OR CUT AND REMOVE BROKEN CONDUIT AND ANCHOR STUDS ON CONCRETE 85.00 85.00 FOOTING AT SOUTH SIDE OF BUILDING. 1 CLEAN OUT PLANTERS ON SOUTH WEST SIDE OF BUILDING AND PLACE NEW WOOD CHIP 395..00 395..00 GROUND COVERING. 1 REMOVE AND DISPOSE OF TWO STEEL DRUMS LOCATED AT NORTH EAST SIDE OF 290.00 290.00 BUILDING, 1 POWER WASH THREE ENTRANCE WAY STAIRS. 3 ON SOUTH SIDE AND 1 ON EAST SIDE. 180.00 180.00 * * ** *Bid Proposal No. 2 * * * ** Subtotal Sales Tax (8.0%) Total All material is guaranteed to be as specified. All work to be completed in substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing . party in said legal action shall be entitled to recover its reasonable attorneys fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction. Estimator signature ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and Signature are hereby accepted. You are authorized to do the work as specified. Date of Acceptance Payment will be made as outlined above. Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid frleglit to Orange County Mailboxes, 18100 Kovacs Lane Suite 27, Huntington Beach, CA 92848. Products must be in original shipping canons and returned within fourteen (14) days of receipt and are subject to a 30% restocking fee. Custom orders and special orders are not cancelable and will not be accepted for return or exchange. Page 2 Note: we may withdraw this proposal if not accepted within 30 days. 25G -7 CA. LIC. #923972 Orange County Contractor Services dba: Grange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.orangecountymailboxes.com Phone: 714-878-3093 FAX: 714 -907 -0644 City of Santa Ana Public Works Agency 220 S. Daisy Avenue, M -85 Santa Ana, CA 92702 To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date I Estimate # 5129/2014 1 2981 Customer Contact Customer Phone Terms Rep Project Sal or Pedro 714- 647 -3306 Net 30 Qty Description Rate Total 1 * * * ** *NOTES AND SCOPE FOR GLASS REPAIR " * * * " ** 9,121.31 9,12131 1. GLASS PANES WILL BE REPLACED FROM OUTSIDE. 2. GLASS PANES WILL ONLY BE REPLACED ON OUTWARD FACING WINDOWS, 2ND AND 3RD FLOOR, ON SOUTH AND EAST SIDE OF BUILDING. 3. 60 FT, ARTICULATING BOOM WILL BE REQUIRED AND USED DURING GLASS PANE REPLACEMENT, 4. THIS ESTIMATE ONLY INCLUDES THE REMOVAL AND REPLACEMENT OF 101 GLASS PANES. 5. GLASS REPLACEMENT WILL TAKE AN ESTIMATED 5 TO 7 WORKING DAYS. 6. BASED ON FIELD ESTIMATE, THE FOLLOWING WORK WILL BE PERFORMED; REMOVE EXISTING BROKEN GLASS AND INSTALL 1/8" THICK 12" X 12" CLEAR GLASS INTO EXISTING METAL WINDOW FRAMES, SECURED WITH WINDOW PUTTY, Bid Proposal No. 2 **" ** Subtotal Sales Tax (8.0 %) Total All material is guaranteed to be as specified. All work to be completed In substantial workmanlike manner according to specifications submitted. per standard practices. Any alteration or deviation from above specification Involving extra costa will be executed only upon written orders, and will become an extra charge over and above the estimate, All agreements contln lent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tomado and other necessary Insurance. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover its reasonable attorney's fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction. Estimator Signature ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and Signature are hereby accepted. You are authorized to do the work as specified. Date of Acceptance Payment will be made as outlined above. Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid frieghtto Orange County Mailboxes. 18100 Kovacs Lane Suite 27, Huntington Beach, CA 92848. Products must be In original shipping cartons and returned within fourteen (14) days of receipt and are subject to a 30% restocking toe. Custom orders and special orders are not cancelable and will not be accepted for return or exchange, Page 3 Note: we may withdraw this proposal If not accepted within 30 days. 2513-8 CA.LIC. #923972 Orange County Contractor Services dba: Orange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.orangecountymallboxes.com Phone: 714- 878 -3093 FAX: 714 -907 -0644 Bill To City of Santa Ana Public Works Agency 220 S. Daisy Avenue., M -85 Santa Ana, CA 92702 Ship To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date Estimate # 5/29/2014 2981 Customer Contact Customer Phone Terms Rep Project Sal or Pedro 714- 647 -3306 Net 30 Qty Description Rate Total 1 " "** *NOTES AND SCOPE FOR FENCE REPLACEMENT * * * * "* 15,369.00 15,369.00 1. REMOVE AND DISPOSE OF 141' OF EXISTING CHAINLINK FENCING ON NORTH SIDE OF BUILDING. 2, SUPPLY AND INSTALL 141' OF 8' HIGH ORNAMENTAL IRON FENCING WITH ARCHED SPEARED TOP ON NORTH SIDE OF BUILDING. 3. SUPPLY AND INSTALL 30' OF 30" HIGH ABOVE EXISTING WALL, ORNAMENTAL IRON FENCING WITH ARCHED SPEARED TOP ON EAST SIDE OF BUILDING. 4. SUPPLY AND INSTALL ONE 4' WIDE x 8' HIGH ORNAMENTAL IRON SINGLE SWING GATE WITH ARCHED SPEARED TOP ON EAST SIDE OF BUILDING. 5. ORNAMENTAL IRON FENCING TO HAVE A BLACK POWDER COAT FINISH. * * ** *Bid Proposal No. 2 * * * ** Subtotal Sales Tax (8.0 %) Total All material is guaranteed to be as specifled. All work to be completed in substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specification involving extra coats will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce Its rights pursuant to this agreement, the prevailing party In said legal action shall be entitled to recover its reasonable attorney's fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction, Estimator Signature ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and Signature are hereby accepted, You are authorized to do the work as specified. Date of Acceptance Payment will be made as outlined above. Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid frieght to Orange County Mailboxes, 18100 Kovacs Lane Suite 27, Huntington Beach, CA 92848. Products must be In original shipping cartons and returned within fourteen (14) days of receipt and are subject to a 30% restocking fee. Custom orders and special orders are not cancelable and will not be accepted for return or exchange. Page 4 Note: we may withdraw this proposal If not accepted within 30 days. 25G -9 CA.LIC. #923972 Orange County Contractor Services dba: Orange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.orangecountymailboxes.com Phone: 714-878-3093 FAX: 714-907-0644 Bill To City of Santa Ana Public Works Agency 220 S. Daisy Avenue, M -85 Santa Ana, CA 92702 Ship To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date Estimate # 5/29/2014 2981 Customer Contact Customer Phone Terms Rep Project Sal or Pedro 714.647 -3306 Net 30 qty, Description Rate Total * " " * " * * ** *PAINTING ENVIRONMENTAL NOTES " * * " " * *" 1, ALL COATINGS AND COATING APPLICATIONS TO BE IN COMPLIANCE WITH MANUFACTURER'S RECOMMENDATIONS FOR ENVIRONMENTAL CONDITIONS, 2. ALL COATINGS AND COATING APPLICATIONS TO BE IN COMPLIANCE WITH STATE AND LOCAL REGULATIONS GOVERNING THE USE OF PAINT MATERIALS. 3. FINISH COAT NOT TO BE APPLIED IN AREAS WHERE DUST IS BEING GENERATED. 4. NO PAINT TO BE APPLIED IN WIND, RAIN, FOG AND/ OR MIST, OR WHEN THE TEMPERATURE IS BELOW 50 DEGREES F. * * ** *Bid Proposal No. 2 " * ** Subtotal Sales Tax (8.0 %) Total All material is guaranteed to be as specified. All work to be completed insubstantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or devlation from above specification Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to can fire, tornado and other necessary insurance. Our workers are fully severed by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be eniWed to recover its reasonable attorney's fees and costs of litlgatlon relating to said legal action, as determined by a court of competent jurisdiction. Estimator Signature ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and Signature are hereby accepted. You are authorized to do the work as specified. Date of Acceptance Payment will be made as outlined above. Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid frleght to Orange County Mailboxes, 18100 Kovacs Lane Suite 27, Huntington Beach. CA 92848. Products must be in original shipping cartons and returned within fourteen (14) days of receipt and are subject to a 30% restocking fee. Custom orders and special orders are not cancelable and will not be accepted for return or exchange. Page 5 Note: we may withdraw this proposal If not accepted within 30 days. 2513-10 CA.LIC. #923972 Orange County Contractor Services dba: Orange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.orangecountymailboxes.com Phone: 714 -878 -3093 FAX: 714-907-0644 Bill To City of Santa Ana Public Works Agency 220 S. Daisy Avenue, M -85 Santa Ana, CA 92702 Ship To 205 W Civic Center Drive Santa Ana, CA 1 0"• Date Estimate # 5/29/2014 2981 Customer Contact Customer Phone Terms Rep Project Sal or Pedro 714- 647 -3306 Net 30 Qty Description Rate Total 1 ******NOTES AND SCOPE FOR PAINTING OF PLYWOOD AND RAILINGS. * * * * * ** 3,750.00 3,750.00 1. THIS ESTIMATE INCLUDES PAINTING OF THE FOLLOWING: 46 PLYWOOD WINDOW COVERS ON MAIN BUILDING. 1 HANDRAIL FOR CENTER ENTRANCE ON SOUTH SIDE OF BUILDING, 1 PLYWOOD WINDOW COVER AND 1 DOOR COVER ON DETACHED SOUTH WEST BUILDING (OLD CHAMBER OF COMMERCE BUILDING). 2. WOOD ATTACHED TO HANDRAIL WILL BE REMOVED PRIOR TO PAINTING. 3. PREPARE WINDOW COVERS AND 1 HANDRAILING FOR PAINTING WHICH INCLUDES: MASKING, LIGHT SANDING, PRIME IF NEEDED. 4. PAINT WINDOW COVERS, 1 HANDRAIL, AND 1 DOOR COVER. 5. CLEAN UP DEBRIS AS NEEDED, 6. PAINT COLORS TO BE DETERMINED id Proposal No. 2 * * * ** - Subtotal $35,145.31 Sales Tax (8.0%) $0.00 Total $35,145.31 All material is guaranteed to be as specified. All work to be completed in substantlal workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders, and will became an extra charge over and above the estimate. All agreements contingent upon strikes, accldarra, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party In said legal action shall be enll8ed to recover Its reasonable attorney's fees and costs of litigation relating to sold legal action, as determined by a court of competent jurisdiction, Estimator ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted, You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid frleght to Orange County Mailboxes, 18100 Kovacs Lane Suite 27, Huntington Beach, CA 92848. Products must be in original shipping cartons and returned within fourteen (14) days of receipt and are subject to a 30% restocking fee. Custom orders and special orders are not cancelable and will not be accepted for return or exchange. Page 6 Note: we may withdraw this proposal If not accepted within 30 days. 2513-11 EXHIBIT 3 AGREEMENT TO PROVIDE SECURITY ENHANCEMENTS AND IMPROVEMENTS TO FORMER YMCA BUILDING THIS AGREEMENT, made and entered into this 2nd day of July, 2014 by and between Orange County Contractors Services DBA Orange County Mailboxes and Construction, a sole ownership entity, (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of general construction maintenance services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform specific security enhancements and physical improvements to the former YMCA building which is in serious disrepair sue to age and vandalism. The dctaila of the repairs and enhancements are set forth in the Bid Proposal attached as Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept, as total payment for its services described in Exhibit A the sum of $35,145.31. A detailed breakdown of the charges for the services to be provided is included as part of Bid Proposal attached hereto as Exhibit A. Special materials may only be purchased by the Contractor only on authorization of the City Project Manager. b. Payment by City shall be made as follows: A progress payment in the amount of $10,655.00 shall be due upon completion of site work and plywood painting. A second progress payment of $9,121.31 shall be due upon completion of glass repairs, and a final payment in the amount of $15,369.00 shall be due upon completion. Payment need not be made for work which fails to meet the Page 25G -12 standards of performance set forth in the Recitals which may reasonably be expected by City. C. No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. 3. TERM This Agreement shall commence on the date first written above and terminate in thirty (30) days on August 1, 2014, unless terminated earlier in accordance with Section 12, below. At the expiration of the 30 -day period, the teen may be extended for additional 30 -day period exercisable by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with Page 2 25G -13 respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor 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 not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the 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 Page 3 25G -14 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 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 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. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential information" shall include all nonpublic information, Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.Q. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 Page 4 25G -15 With courtesy copies to: and City Manager City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Contractor: Edward Schade Orange County Mailboxes and Construction 18100 Kovacs Lane, Unit 27 Huntington Beach, California 92648 Fax: 714-907-0644 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties in connection with the former YMCA building, In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate neither Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Page 5 25G -16 11. 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. 12. TERMINATION a. This Agreement may be terminated by the City upon fifteen (15) days written notice of termination. However, the City reserves the right to terminate this Agreement for cause immediately. Additionally, if Contractor fails to meet the specifications of this Agreement for a period of seven (7) cumulative days, the City may terminate the balance of this Agreement by written notice of termination to the Contractor, which notice shall be effective two (2) days after mailing. b. Contractor may upon fifteen (15) days written notice, request termination when conditions during the Agrmnent term make it impossible or impractical to proceed or when prevented from proceeding by act of God, by law or official action of a public authority. 13. 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. 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. PROFESSIONAL LICENSES Contractor shall, throughout the terin of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 6 25G -17 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 terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney, By: Jos doval C i ofAssistam City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR EDWARD SCHADE Owner Taxpayer ID# 25G -18 Page 7 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: INSURANCE RENEWALS CITY MA ER RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: :••:• 01 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve the City's continued membership in the Big Independent Cities Excess Pool from July 1, 2014 to July 1, 2015 at an estimated premium cost not to exceed $1,510,000. 2. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2014 to July 1, 2015 at an estimated premium cost not to exceed $400,000. 3. Approve the City's continued participation in the California State Association of Counties — Excess Insurance Authority's Crime Bond Program from July 1, 2014 to July 1, 2015 at an estimated premium cost not to exceed $12,000. DISCUSSION In September 1988, the Big Independent Cities Excess Pool ( BICEP) Joint Powers Authority was formed with five cities. The current cities include Santa Ana, Huntington Beach, San Bernardino, Oxnard, and West Covina. The purpose of BICEP is to provide insurance coverage for its members, shielding them from financial debt due to large liability claims, judgments, and settlements. Additionally, participation in a pool provides rate stability and can offer broader coverage. The current excess liability and workers' compensation insurance policies will expire on July 1, 2014. The total BICEP insurance premium for the July 1, 2014 to July 1, 2015 period will not exceed $1,510,000; an estimated $1,250,000 of which covers liability claims from $1,000,000 to $52,000,000 per occurrence with a $1,000,000 self insured retention (SIR) which functions like a deductible. An estimated $260,000 purchases statutory excess workers' compensation insurance coverage with a $1,000,000 SIR. The Public Entity Property Insurance Program ( PEPIP) was established in May 1993 with seventeen public agencies including the City of Santa Ana. The purpose of PEPIP is to provide 29A -1 Insurance Renewals July 1, 2014 Page 2 public agencies with group purchasing strength. Since 1993, PEPIP has grown to include over 6,400 members in 45 states, which has allowed the group to purchase property insurance at affordable premiums. The estimated $400,000 premium will provide $1,000,000,000 of coverage for insured City properties. PEPIP will provide the City with $100,000,000 for boiler and machinery damage and $82,500,000 in coverage for flood damage (coverage is in limited to $50,000,000 in Flood Zone A.) Due to the excessive premium cost of earthquake insurance, the City is not seeking this coverage at this time. Staff will continue to monitor the earthquake market. Insurance deductibles will be as follows: Coverage Deductible Flood $100,000 except $250,000 for Flood Zone A locations Vehicles $25,000 All other occurrences $10,000 Boiler & Machinery $2,500 to $350,000, depending on the pieces of equipment involved The City joined the California State Association of Counties — Excess Insurance Authority (CSAC- EIA) Crime Bond Program on April 1, 2004. The estimated renewal premium from July 1, 2014 to July 1, 2015 is $12,000. The City Manager will review the quotations and make the final decision to secure the coverages. FISCAL IMPACT Funds are budgeted in the proposed 2014 -15 Liability & Property Insurance account (account no. 08009051 - 64010) and Workers' Compensation account (account no. 08209054 - 64010). Edward Rao Executive Director Personnel Services APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 29A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014 -10 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE MARKE LOCATED AT 100 EAST MACARTHUR BOULEVARD - CYNTHIA EPPELDAUER, APPLICANT RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -10 as conditioned. PLANNING COMMISSION ACTION On June 9, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -10 as conditioned by a vote of 7:0 which approved a Type 47 Alcoholic Beverage Control licenses in order to sell beer, wine and distilled spirits for on- premise consumption at The Marke apartment complex located at 100 East MacArthur Boulevard located in the Specific Development No. 76 /MacArthur Place South Mixed Use (SD -76) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION The owners of The Marke have requested a Type 47 ABC license to allow the sale of beer, wine and distilled spirits at a recently opened apartment community. The sale of alcoholic beverages will occur at the commercial kitchen, which is located on the project's upper level recreation deck. Alcohol sales and consumption may also occur within the two ground level courtyards of the new apartment community, depending on the events held at The Marke. The sale of alcoholic beverages is intended to be an added amenity to the complex and to the surrounding businesses and tenants of the MacArthur Place South development area. The approval of the CUP would allow for the sale and service of beer, wine and distilled spirits in conjunction with food sales. Full sized site plans are available for public viewing in the Clerk of the Council Office, 31A-1 Conditional Use Permit No. 2014 -10 July 1, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. �u.�ct7ac-- Karen Haluza Interim Executive Director Planning & Building Agency VF: rb VFlReports \cup14 -10 The Marke ABC= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 9, 2014 TITLE: PUBLIC HEARING — FILED BY CYNTHIA EPPELDAUER FOR CONDITIONAL USE PERMIT NO. 2014-10 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE MARKE LOCATED AT 100 EAST MACARTHUR BOULEVARD Prepared by Vince Fregoso 611 AA 1 a A-2___ -- Interim Executive Di ctor RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO ActikfLant.CM411ana ger Adopt a resolution approving Conditional Use Permit No. 2014 -10 as conditioned. Request of Applicant Cynthia Eppeldauer, representing The Marke at South Coast Metro, is requesting approval of a conditional use permit for a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine and distilled spirits within a new apartment complex located at 100 East MacArthur Boulevard. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The subject property is located at 100 -140 East MacArthur Boulevard and is situated on the southeast corner of Main Street and MacArthur Boulevard. The site is approximately 4.15 acres in size and is rectangular in shape. The site is located within the 43 -acre MacArthur Place South master planned development, a mixed -use development located on the south side of MacArthur Boulevard between Main Street and the Newport-Costa Mesa (SR -55) Freeway. The subject parcel is developed with The Marke, a 300 -unit apartment complex with one level of subterranean parking and five levels of above grade parking that has recently opened for residential occupancy. Also within MacArthur Place South are two high rise residential towers, six office buildings, a food /retail building, a DoubleTree Club hotel, a Courtyard by Marriott Hotel and four parking structures. The site is surrounded by a combination of commercial and multi- family residential uses to the north; office and industrial uses to the south, multi - family residential, office and hotel uses to the east; and commercial, single- family and multi - family residential uses to the west (Exhibits 1, 2 and 3). EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -10 June 9, 2014 Page 2 Protect Description The applicant Is proposing to obtain a Type 47 ABC license to provide food and alcoholic beverage service at The Marke as part of the operation of the roof top recreation deck. The Type 47 ABC license requires the applicant to maintain a kitchen facility, operate as a restaurant and be in compliance with City and State standards for restaurants possessing an ABC license. The applicant intends to obtain an ABC license in order to provide an additional amenity to the residents and their guests of the complex. The alcohol sales is intended to be an added amenity; as a result, residents and their guests will have the option to either purchase alcoholic beverages from The Marke or bring their own to the recreation deck or other common areas for consumption. Alcohol sales will take place within the 5,600 square foot Recreation Building, which is located on the roof top recreation deck. As a Type 47 license requires food sales in addition to the sale of alcohol, one of the amenities within the Recreation Building will be a 450 square foot, full - service - commercial kitchen. The recreation deck will also include amenities such as a fitness center, bowling alley, heated pool, spa, outdoor seating areas and cabanas, an outdoor theater and a clubhouse. These amenities are intended to promote a "resort living" type of environment that would typically be found at a resort hotel. Although the sale of food and alcohol will occur on the recreation deck, approval of the ABC license will also allow residents and guests the ability to consume purchased alcohol within the two ground floor courtyards provided for the project. The north courtyard, which is approximately 9,700 square feet in size, will contain amenities such as a water element, a fire pit, a barbeque, outdoor seating and an enhanced landscaped pallet. The south courtyard, approximately 6,900 square feet in size, will contain amenities similar to those found in the north courtyard. The proposed ABC license is a unique concept that will be a "first -of- its - kind" in Santa Ana as well as the county. The applicant is requesting approval to allow the on- premise sale of alcoholic beverages to customers between the hours of 8:00 a.m. to 12:00 midnight and seven days per week. Although the actual sale of food and alcohol are expected to occur up to four days per week, the applicant has requested approval to allow sales to occur every day, with the actual hours and days of sales depending on the type of events held at The Marke. The events expected could include beer and /or wine tastings, poolside food and beverage service and other similar social events that are intended to bring the residents together in a social setting. The storage area for alcoholic beverages will be located on a display shelf and locked liquor storage cabinet, both located in the commercial kitchen. The alcohol display shelf and locked cabinet total 33 square feet in size, which is 0.4 percent of the floor area of the Recreation Building. This percentage of alcohol storage area is below the Santa Ana Municipal Code's maximum of five percent of the gross floor area of the establishment serving alcohol (Exhibits 4 and 5). 31A-4 Conditional Use Permit No. 2014 -10 June 9, 2014 Page 3 ProiectBackaround The subject site is part of a 9.8 -acre, three parcel development that is located within the former Hutton Center development that was entitled in 2005. The entitlements allowed three 25 -story high -rise towers, a six -story mid -rise residential /office building, and 14,000 square feet of retail and restaurant uses that was modified in 2009 to allow a Courtyard by Marriott hotel. Two of the high- rise towers, the 349 -unit Skyline Towers at 9 and 15 MacArthur Place, were completed in October 2008, The development formerly approved on this site, The Montage by Integral Development, was purchased by Lyon Communities and re- entitled in 2011. Occupancy of the first 70 units of The Marke began in May, 2014. The remaining 230 units were recently released for occupancy, with move -ins scheduled to begin shortly. General Plan and Zonina Consistencv The General Plan land use designation for the site is District Center (DC), which allows for major development sites such as the mufti - family residential development and ancillary uses such as alcoholic sales licenses. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. The project site and proposed use is consistent with this General Plan land use designation. The zoning for the site is Specific Development No. 76 /MacArthur Place South Mixed Use District (SD -76). The SD -76 designation is a mixed use zone that allows office, restaurant, retail, hotel and residential land uses. The zoning designation also allows uses such as alcoholic sales licenses, making the proposed use consistent with the zoning designation. Project Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • 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. 31A-5 Conditional Use Permit No, 2014 -10 June 9, 2014 Page 4 If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed alcohol beverage license will provide an ancillary service to the residents and guests of The Marke, a 300 -unit apartment community. The proposed ABC license will allow residents and guests the ability to purchase beer, wine and distilled spirits with their food purchase and consume their food and beverages on the recreation deck or within the north and south courtyards. Additionally, 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 license for the on -sale consumption of beer, wine and distilled spirits at this location will not be detrimental to the health, safety or welfare of persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the sale of alcoholic beverages will occur within the internal open spaces of The Marke and is incidental to the primary residential use. • The proposed use will not adversely affect the economic stability of the area, but will instead benefit the economic development of the property. The allowance of an ABC license within The Marke will allow it to provide a unique amenity that is not normally found at apartment projects but are common at a full service hotel or resort where food and alcohol sales are provided as an amenity. Further, the ABC license will add another unique amenity to the development that will assist The Marke in attracting residents to the newly constructed apartment complex. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an establishment selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code: The Marke has the kitchen equipment necessary to obtain a restaurant related alcoholic beverage control license. Additionally, the facility will utilize only 0.4 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. • The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. The proposed ABC license, which will be an ancillary use at The Marke, will provide an additional service to the residents and their guests. Further, ancillary uses such as the on- premise sale of alcoholic beverages are permitted within the District Center (DC) land use designation. The proposed project is not located in a specific plan area in the City. Further, Policy 2.9 of the Land 31A-6 Conditional Use Permit No. 2014 -10 June 9, 2014 Page 5 Use Element supports developments that create a business environment that is safe and attractive. The sale of alcoholic beverages will be located within the commercial kitchen that is located on the recreation deck, with the consumption of alcohol to occur on the recreation deck as well as the north and south courtyards of the project, which are physically separated from the public right -of- way, This will ensure that any impacts associated with the sale of alcoholic beverages will occur within the physical boundaries of the project. Conditions of approval will ensure that the sale of alcoholic beverages will not result in crime or other unsafe conditions. 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 collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. The Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. it has been determined that 100 East MacArthur is located in an area that has an average number of reported crimes when compared against all crime reporting districts and is considered average in police- related incidents based on standards established under Business and Professions Code Section 23958.4. The site is located in Reporting District No. 191, which ranks 83rd out of 102 reporting districts in the number of police related calls for service. This reporting district is 60 percent below the 20 percent threshold established by the State for high crime. The Police Department has evaluated the applicant's request and believes that the proposed ABC license will not adversely affect the surrounding community. Conditions of approval are included as required by the SAMC that are intended to address any concerns related to the ABC License. Public Notification The project site is not located within the boundaries of any Neighborhood Association. However, the President of the adjacent Sandpointe Neighborhood Association and the property manager for the MacArthur Place South association were contacted by staff to discuss the proposed project. Neither the association president nor MacArthur Place South property manager raised any issues during the telephone discussions. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. 31A-7 Conditional Use Permit No. 2014 -10 June g, 2014 Page 6 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301, The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing commercial building. Categorical Exemption Environmental Review No. 2014 -44 will be filed for this project. Goncluslon Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -10 as conditioned. Vince Fregoso, AI Acting Planning M VF:jm VhRepurlslcupM -10 The Marke ABC.680914.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — location Map Exhibit 3 — Existing Conditions Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31A-8 R7 R1 5 CF R1 * R1 k Pf Rt RI R7 R1 R7 $ R1 CA K y Ri SQ -43 M1 I,I M1 RI M, M1 M1 M1 (�51)-43A rI 3 SQ -43 SD-43 V q 1 CA 11 CIVIL RI- CIA �,RI ca RO Pno t RI 0 4R6 I PP15 �'h k PRn c M NlYgti :.. rtuxxn 1 C2 R1 p . R1 R1 ffi _.- x Ri IT i Ri �s xl a R1 M1 _ z c R1 C2 WSJ hyFW 1 e 1 C I -I Co I I i M¢.r I� 1 t - -- 1-- I� — M2 /Z P 1 Cllr ul r . y , . I /1 Al GENERA L AGRICU I.TUPA Lf CR COMMERCIA LRESIOENTIA L RI SINGLE FAMILY RESIDENRA L `3 PARRINGMOOIFIC Al'ION GC GOPERNMEI9 fGENTER Ri TW06AMI LY NESIDENC E C,5hl COMMERCIA LMLITHMAI N Nil LIGEI T INDt1STRIA L O) PIT M11Li1PLE (ANtI LY PESII Mf. E CI {OMMIINR YLTIMNIERCIA l Ml L 94 SUBURBAMA PARTNCNTS CbMO f.OMM. COMMERCIAVMUiEM DISTRICT WO MILITARY OPER ATION S RE REIDENIVI LEE TATE Q GENEVA LCOMMERCIA L D OPENS PACE 50 SPECIFIC DEVELOPMENT C3 CENTRA LRUEINES 5 P PROK40NA L SP S'PECIFICPLA N 73 -A CENTRA LRUSI ES5-A RPSTVILLAG E PCO PLANNEOCOMMl1Nll YDEVELDMI T Of PLAPIFIEOSHOPPINGCENTER PRO -N PLANNEORE510ONTIA 1-1101FLOPh1EN I CS ARFMA LCOMMERCIA I. usi CUP 2014 -10 THE MARKE AT SOUTH COAST METROfl,. 1 °= INOn � FEET � 100 -140 E. MACARTHUR BOULEVARD - - =500 FEET P L A N N N G A N 6 6 U I L D 1 M G A G 'E N C Y VICINITY MAP EXHIBIT 1 31A-9 SE n VIC F S TAPUN MULiI - FAMILY N 0 T E L 0ESih ENilA4 1\ V A C A N T MACARTHUR BOULEVARD Ell H O T A E L PIZA j az j y 3 �w INGMA r V V w SIN LE FOE .0� F DEN L SOS 1 LANE LL MURPHY AV. SANOp I=- L'9 souwWErt Oj 2015ANUPOINTE ¢ a AVE. V PARKIN6 O� O F F I C E J� H[YI£L 2 2 S V� = 9 F F I C F ¢ O F F I C E 9 V� OFFICE 5h ONNOMENEEMOOMMOOMM w ¢ w CUP 2014 -10 THE MARKE AT SOUTH COAST METRO 100 -140 E. MACARTHUR BOULEVARD" PL A NN I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -10 !� MOVE MMVE W7E _ {N5 IFYI 1, y { T✓ 1 , �w 5Y g ig5 �B• �'�' GSA C�.» Ilv I� I q I Jivu ~ I �` I 6Z t I_ ,, , — ao e- I' II 1, u I ! \ \II e ( I I I m v 11 f III e.s I I" i LL m I a � I I 11 1 f) I I I I I' N �h 9 @gttllllea !Y OA79 HHH1 H tlatlW S a !Q w i a�9 3';'�f�4 o � a a m _LL a z m — � I q Ht 3 II I a i IIyI ¢ Iii 6 Ilv I� I q I Jivu ~ I �` I 6Z y-I'liY d 5m II -o / Y f , i E , sin Ij- L) E o Ail 31 A.973` I Zo ------------ -- -- --- O 31 A.973` I dOl AOO)J NVId aunllNmn=i isvoo Hinos 'GAIS N3HIMMP OW '3 M '0018 ,o38 3)l2lvw3ll1 XHIBIT 5 314442 a. 9{ a Ul ® ��U� < dOl AOO)J NVId aunllNmn=i isvoo Hinos 'GAIS N3HIMMP OW '3 M '0018 ,o38 3)l2lvw3ll1 XHIBIT 5 314442 a. 31A8 -1! T2 0 iN Hill FIX is 'rill Pj!*j "�i Ho I H 01 H W 2i4 A low 10 H, td I 'i 1 85 9 WH W 4 � jjH144! 1 hn 11 IN M# IN 1 JJ: 1. H 'u HIN R. -T TT 'URT, M\Mg co ----------- ik-- T ----------- ---- ----- - ilia 11 Hill I IN cc 'I ppp I , R'j R ji i -Ali 7z 1 COD J 0 D COD J0 co LL 31A8 -1! T2 ROH — 06/09/14 RESOLUTION NO. 2014 -19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -10 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 100 EAST MACARTHUR BOULEVARD BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2014- 10 for a Type 47 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits for the property located at 100 East MacArthur Boulevard. B. Conditional Use Permit No. 2014 -10 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 9, 2014. C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to approve a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage license will provide an ancillary service to the residents and guests of The Marke, a 300 -unit apartment community. The proposed ABC license will allow residents and guests the ability to purchase beer, wine and distilled spirits with their food purchase and consume their food and beverages on the recreation deck or within the north and south courtyards. Additionally, conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts Resolution No. 2014 -19 Page 1 of 8 31A -16 created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed license for the on -sale consumption of beer, wine and distilled spirits at this location will not be detrimental to the health, safety or welfare of persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the sale of alcoholic beverages will occur within the internal open spaces of The Marke and is incidental to the primary residential use. 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 benefit the economic development of the property. The allowance of an ABC license within The Marke will allow it to provide a unique amenity that is not normally found at apartment projects but are common at a full service hotel or resort where food and alcohol sales are provided as an amenity. Further, the ABC license will add another unique amenity to the development that will assist The Marke in attracting residents to the newly constructed apartment complex. 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 an establishment selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The Marke has the kitchen equipment necessary to obtain a restaurant related alcoholic beverage control license. Additionally, the facility will utilize only 0.4 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. Resolution No. 2014 -19 Page 2 of 8 31A -17 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 City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. The proposed ABC license, which will be an ancillary use at The Marke, will provide an additional service to the residents and their guests. Further, ancillary uses such as the on- premise sale of alcoholic beverages are permitted within the District Center (DC) land use designation. The proposed project is not located in a specific plan area in the City. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The sale of alcoholic beverages will be located within the commercial kitchen that is located on the recreation deck, with the consumption of alcohol to occur on the recreation deck as well as the north and south courtyards of the project, which are physically separated from the public right -of -way. This will ensure that any impacts associated with the sale of alcoholic beverages will occur within the physical boundaries of the project. Conditions of approval will ensure that the sale of alcoholic beverages will not result in crime or other unsafe conditions. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing commercial building. Categorical Exemption Environmental Review No. 2014 -44 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2014 -10 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 9, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -19 Page 3 of 8 31A -18 ADOPTED this 9th day of June, 2014. AYES: Commissioners: Alderete, Bacerra, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Bauer, Gartner, Mill, Nalle, Eric Alderete Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Commission Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -19 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 9, 2014. Date: Acting Commission Secretary of the Planning Commission City of Santa Ana 31A -19 Resolution No. 2014 -19 Page 4 of 8 Conditions for Conditional Use Permit No. 2014 -10 Conditional Use Permit No. 2014 -10 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 Prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. Exhibit A Page 1 of 4 Resolution No. 2014 -19 Page 5 of 8 31A-20 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free," "two for the price of one," or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. Exhibit A Page 2 of 4 Resolution No. 2014 -19 Page 6 of 8 31A-21 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Exhibit A Page 3 of 4 Resolution No. 2014 -19 Page 7 of 8 31A-22 f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 26. 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. Exhibit A Page 4 of 4 Resolution No. 2014 -19 Page 8 of 8 31A-23 31A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2014 -15 CITY MFi AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution establishing the appropriation limit for the fiscal year 2014 -15. DISCUSSION The State of California Constitution includes provisions, which impose a limit ( "the GANN Limit") on tax proceeds that may be appropriated for expenditures by a local government in any given fiscal year and requires the cities establish this limit by resolution. Adoption of the subject resolution is necessary for compliance with these provisions for the fiscal year ending June 30, 2015. As detailed in the exhibits to the subject resolution, the City's spending limitations from "Proceeds of Taxes" is calculated to be $893,083,329 (Exhibit A) for FY 2014 -15. This represents the permitted growth rate factor of 26.5479 times the adjusted base year (1978 -1979) appropriation limit of $33,640,451. Exhibit B identifies the factors used to determine the allowable increase; Exhibit C categorizes FY 2014 -15 anticipated revenues from "Proceeds of Taxes" and "Non - Proceeds of Taxes "; and Exhibit D computes the fiscal year 2014 -2015 appropriations subject to this limitation and identifies the difference between the limit and the budgeted appropriation. As demonstrated in Exhibit D, the City's anticipated FY 2014 -15 "Proceeds of Taxes" revenue will be $751,138,627 below the allowable limit. FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: A. Computation of Appropriation Limit B. Calculation of Permitted Growth Rate C. Schedule to Categorize Anticipate Revenues D. Appropriation Subject to Limitation Resolution 55A -1 55A -2 EXHIBIT A COMPUTATION OF APPROPRIATION LIMIT FOR FISCAL YEAR ENDING JUNE 30, 2015 Appropriation Limit: 1978 -79 Base Year Permitted Growth Rate in appropriation (Exhibit B) Appropriation Limit for the Fiscal Year Ending June 30, 2015 55A -3 33,640,451 26.5479 $ 893,083,329 EXHIBIT B CALCULATION OF PERMITTED GROWTH RATE IN APPROPRIATIONS FOR FISCAL YEAR ENDING JUNE 30. 2015 Factor 2014 -15: California Per Capita Personal Income: - 0.230% Converted into a Factor 0.9977 Population Growth: 0.93% Converted into a Factor: 1.0093 Rates of Change: 0.9977 x 1.0093 1.0070 Multiplied by 2013 -14 Combined Index 26.3634 Combined Index 1979 -80 through 2014 -2015 26.5479 55A -4 REVENUE TAXES: Property Tax Sales Tax Hotel Visitors' Tax Business Tax Documentary Stamp Tax Utility Users' Tax Total Taxes FROM STATE: State Gas Tax State Cost Reimbs State Grants AQMD AB 2766 Total State EXHIBIT C SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES FOR FISCAL YEAR ENDING JUNE 30, 2015 PROCEEDS OF TAXES 62,359,000 45,460,000 8,200,000 11,300,000 680,000 24,001,000 152,000,000 NON- PROCEEDS OF TAXES - 10,467,025 - 211,000 - 865,450 - 414,000 TOTALS 62,359,000 45,460,000 8,200,000 11,300,000 680,000 24,001,000 152,000,000 10,467,025 211,000 865,450 414,000 11,957,475 11,957,475 OTHER GOVERNMENT: Community Development (CDBG) 6,380,500 6,380,500 Homeowner Prop Tax Subvention 230,000 - 230,000 SSA Grant - 800,000 800,000 Housing (Section 8) - 30,300,015 30,300,015 WIA - 3,441,605 3,441,605 Measure M, Street Grants, Gas Tax Exch - 35,075,247 35,075,247 Civic Center and Park - 2,879,274 2,879,274 Program Income - 500,000 500,000 Other Federal Grants: HOME,HOPWA - 5,211,525 5,211,525 Total Other Government 230,000 84,588,166 84,818,166 LOCALLY RAISED: Licenses and Permits - 3,632,000 3,632,000 Franchise Fees - 7,994,150 7,994,150 Fines and Forfeitures - 7,164,000 7,164,000 Charges for Services - 9,367,000 9,367,000 Parks and Recreations - 1,275,740 1,275,740 From Use of Property - 16,999,884 16,999,884 Others - 86,000 86,000 Others - Inter - Agency - 6,926,000 6,926,000 Total Locally Raised - 53,444,774 53,444,774 OTHER MISCELLANEOUS: Donation - 125,000 125,000 Sale of Junk and Property - 5,000 5,000 Attorney Reimbursements - 979,000 979,000 Expense Reimbursements - 2,362,910 2,362,910 Indirect Cost Recovery - 2,093,000 2,093,000 From Prior Year Fund Balances - 10,054,780 10,054,780 Refuse Program Saving - 1,352,000 1,352,000 Interfund Transfers - 6,707,776 6,707,776 Total Other Miscellaneous - 23,679,466 23,679,466 FROM USE OF MONEY: Earnings on Investment 1,444,494 1,906,222 3,350,716 TOTAL REVENUES $ 153,674,494 $ 175,576,103 $ 329,250,597 55A -5 EXHIBIT D APPROPRIATION SUBJECT TO LIMITATION FOR FISCAL YEAR ENDING JUNE 30, 2015 Proceeds from taxes Less: Exclusions Appropriation subject to limitation Current year limit Over(under) limit 'P�PM $ 153,674,494 11, 729, 792 $ 141,944,702 893,083,329 $ (751,138,627) ROH: 06/02/14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2014 -2015 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. Article XIIIB of the Constitution of the State of California, adopted by the voters of the State of California in November 1987, imposes upon State and local government the obligation to limit each fiscal year's appropriations to those established in fiscal year 1978 -79 as adjusted for by inflation and population, together with other specified changes required or permitted. B. In June of 1990, the voters of the State of California approved Proposition 111 which amended Article XIII B to establish the limit originally calculated for fiscal year 1986 -87 as a new adjustment base and to change the definition of the cost of living to be either the percentage change in California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year for the jurisdiction due to the addition of local non - residential new construction. C. Proposition 111 further modified Article XIII B requirements by making certain capital outlay, debt service, emergency and court ordered expenditures not subject to the limit and by allowing expenditures in excess of one year's limit to be offset by under expenditures in an immediately following year. D. The City of Santa Ana has opted to use as the inflation adjustment factor, the percentage change in the California per capita personal income from the preceding year. E. The City of Santa Ana has opted to use as the population adjustment factor, the County's percentage change in population from the preceding year. 55A -7 Resolution No. 2014- F. Division 9 of Title I of the Government Code of the State of California (commencing with section 7900), as enacted by 1980 Statutes, Chapter 1205, effective January 1, 1981, directs the governing body of each local jurisdiction each year to, by resolution, establish its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIIIB of the California Constitution at a regularly scheduled meeting or noticed special meeting. Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations shall be available to the public. G. This matter came before the City Council at its regularly scheduled meeting of July 1, 2014. H. The Executive Director, Finance and Management Services Agency of the City of Santa Ana, has determined the City's appropriation limit for fiscal year 2014 -2015 in accordance with said provisions of the Constitution and laws of the State of California and the documentation used in said determination has been available to the public since not later than June 16, 2014, in the office of the Executive Director, Finance & Management Services Agency. Section 2. Based upon the above referenced facts and all facts specified in the accompanying Request for Council Action and its attachments, and each of them, the appropriation limit of the City of Santa Ana for fiscal year 2014 -2015 is hereby found and determined to be $893,083,329. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2014- - 55A -8 ADOPTED this day of 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 2014. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on July , 2014. Date: Clerk of the Council City of Santa Ana 55A -9 Resolution No. 2014 - 55A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: RESOLUTION AND AUTHORIZATION TO SUBMIT PROJECT W BUS STOP AMENITIES IMPROVEMENT GRANT FUNDING APPLICATIONS CITY M GERGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submission of grant applications to the Orange County Transportation Authority to fund bus stop amenity improvements under the Fiscal Year 2014 -2015 Project W program. DISCUSSION In April 2014, the Orange County Transportation Authority (OCTA) opened the application process for Fiscal Year 2014 -2015 Project W bus stop amenity improvement grants. Project W is an OCTA- funded program which provides for bus stop improvements for the 100 - busiest bus stops in Orange County, 56 of which are in Santa Ana. In this call for applications, the City will pursue funding for improving 29 bus stop locations that currently do not have bus shelters. Eligible improvements include bus shelters or shade structures, seating, waste receptacles, ad displays, bus stop lighting, information displays, installation of electric services on bus shelters, and minor improvements to sidewalks. OCTA requires a resolution from the City to submit the funding applications and to accept awarded funds. This is the first cycle of Project W funding; timing of additional cycles is yet to be determined. ENVIRONMENTAL IMPACT Per Section 15061(b)(3) of the California Environmental Quality Act, this action is exempt from further review, as there is no potential for any environmental impact. 5513-1 Resolution — Project W Bus Stop Amenities Grant Applications July 1, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William" Galye-f P.E. Francisco Gutierrez Interim Executive erector Executive Director Public Works Agency Finance & Management Services Agency WEG /ZK Exhibit 1: Resolution 55B -2 JS/7/01/14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR DESIGNEE TO SUBMIT GRANT APPLICATIONS FOR AMENITY IMPROVEMENTS AT 29 BUS STOP LOCATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER PROJECT W ON BEHALF OF THE CITY OF SANTA ANA AND, IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMENDING THE BUDGET ACCORDINGLY FOR FISCAL YEAR 2014 -2015 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. There currently exists the Project W Bus Stop Amenities Improvement Program (the "Program ") funded by the Orange County Transportation Authority ( "Grantor "). B. The City of Santa Ana desires to participate in the Program, acting as the lead agency in designing, constructing, and maintaining bus stop amenity improvements within the City. The Program will fund the improvements at 29 bus stops in the City (the Grant). C. The City of Santa Ana has been declared by the Grantor to meet the eligibility requirements to receive Grant funding as part of the Program. Program funding is available for the 100 busiest bus stops in the County, 56 of which stops are located in Santa Ana. D. The City of Santa Ana desires to implement bus stop amenities improvements at the following bus stops: 1. Southbound Bristol Street at 1 st Street; 2. Northbound Bristol Street at McFadden Avenue; 3. Westbound 1 st Street at Main Street; 4. Southbound Main Street at 1 st Street; 5, Eastbound McFadden Avenue at Harbor Boulevard; 6. Eastbound Westminster Avenue at Harbor Boulevard; Resolution No. 2014 - Page 1 of 4 ErXK 00 961 7. Westbound McFadden Avenue at Bristol Street; 8. Northbound Harbor Boulevard at McFadden Avenue; 9. Eastbound 1st Street at Bristol Street; 10. Southbound Harbor Boulevard at Westminster Avenue; 11. Westbound 17th Street at Grand Avenue; 12. Westbound McFadden Avenue at Sycamore Street; 13. Southbound Fairview at Westminster Avenue; 14. Northbound Main Street at 1st Street; 15. Northbound Bristol Street at 1st Street; 16. Southbound Main Street at 5th Street; 17. Westbound Edinger Avenue at Main Street; 18. Westbound1st Street at Grand Avenue; 19. Westbound McFadden Avenue at Standard Avenue; 20. Eastbound McFadden Avenue at Fairview Street; 21. Eastbound 17th Street at Main Street; 22. Eastbound 17th Street at Entrance to Santa Ana College; 23. Eastbound Westminster Avenue at Fairview Street; 24. Westbound 1 st Street at Bristol Street; 25. Southbound Bristol Street at Edinger Avenue; 26. Eastbound 1 st Street at Fairview Street; 27. Northbound Main Street at 4th Street; 28. Northbound Main Street at Warner Avenue; and 29. Eastbound 1 st Street at Main Street E. The City desires to accept any such Grant which may be awarded to the City under the Program. The City is familiar with the terms, conditions, and limitations of the Grant and is willing and able to conform to each of the terms, conditions, and limitations imposed by any such Grant upon the City. Section 2. The City Council of the City of Santa Ana, in support of the Grant application by the City, hereby requests that the Grantor allocate funds in the amounts specified in the City's Grant application for the Program. The actions of the Public Works Director or designee in submitting the Grant applications and accepting the Grant funds for Fiscal Year 2014 -2015, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, are hereby ratified and approved. In addition, the City Council hereby ratifies and approves any and all actions taken by the Public Works Director or designee, for the purpose of utilizing these Grant funds for Fiscal Year 2014 -2015, including any amendments, extensions, or other actions relating to this Grant. Resolution No. 2014 - Page 2 of 4 55B -4 JS /7101 /14 Section 3. The City Council of the City of Santa Ana hereby agrees to and, by this Resolution, does ratify acceptance of such Grant funds so awarded to the City of Santa Ana without further action of the City Council being required therefor. Section 4. The City of Santa Ana hereby affirms its compliance and agreement to comply with each and all of the terms, conditions, and limitations imposed by the Grantor upon said Grant, and the City Council hereby ratifies actions taken by, and approves actions to be taken on behalf of, the City by the Public Works Director or designee; including, but not limited to, execution of any agreements, assurances, or other documents and any amendments thereto necessary in connection with the acceptance of said Grant and use of said Grant funds. Section 5. That, upon acceptance of these Grant funds, the respective Budget for Fiscal Year 2014 -2015 revenue and expenditure appropriations do include, and have included, the appropriations and authorized expenditures in the respective programs, or in such other amount as is equal to the amount of Grant funds to be received by the City. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of July, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney LIM Joseph Straka Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2014 - Page 3 of 4 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: Resolution No. 2014 - Page 4 of 4 Clerk of the Council City of Santa Ana 55B -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: BRISTOL STREET IMPROVEMENTS, RIGHT - OF -WAY ACQUISITIONS, AND ADOPTION OF AN ADDENDUM TO THE FINAL EISIEIR CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2 " 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 proceed 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 Statement/Environmental Impact Report for between Washington Avenue and 17th Street. DISCUSSION to the Bristol Street Final Environmental Impact the Bristol Street improvements and widening 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 is a long -term priority project that is being constructed in several phases. Although the Orange County Transportation Authority (OCTA) has helped identify funds for the majority of Bristol Street segments, the City has been obligated to complete the improvements in phases to coincide with the cash flow from various grants. The Bristol Street improvements include constructing sidewalks, bike lanes, and raised landscape medians; planting trees; and installing street lights. The roadway would be widened to accommodate all transportation uses, including pedestrians, bicycles, autos, and buses. The recommended design follows the OCTA Master Plan of Arterial Highways and meets City goals of enhancing pedestrian safety and walkability, improving traffic operations, and reducing 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 55C -1 Bristol Street Improvements, Right -of -Way Acquisitions, and Adoption of an Addendum to the Final EIS /EIR July 1, 2014 Page 2 adjacent Bristol Street 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, the segment between Washington Avenue and 17th Street (Exhibit 2) has minor design modifications that have been identified as additional improvements. Adoption of the Resolution (Exhibit 3) approving the Addendum to the Bristol Street FEIS /EIR (Exhibit 4) authorizes constructing those improvements using project funds. The added improvements 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. 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. Adoption of the Resolution would allow the City to complete the right -of -way acquisitions phase of the project. This phase must be substantially concluded by December 2014 in order to award a construction contract by June 2015, thereby meeting grant funding deadlines set by OCTA. OPTIONS / ALTERNATIVES Alternative 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 that 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 and 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 55C -2 Bristol Street Improvements, Right -of -Way Acquisitions, and Adoption of an Addendum to the Final EIS /EIR July 1, 2014 Page 3 o Allows Bristol businesses to stay if they wish to do so (Potentially financially neutral to coalition members) This recommendation does not allow the option of Bristol coalition owners to remain in their existing buildings beyond the project's completion. Alternative B Partial property acquisitions based on 120 -foot right -of -way This alternative keeps some of the properties and building improvements which are nonconforming, and limits the Bristol Street improvement and widening to a cross- section width of 120 feet. This alternative would be consistent with the following: 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: o Is not consistent with 1990 EIR o Creates challenging street ingress /egress o No on -site parking o Nonconforming properties would remain and the level of nonconformity would be broader o ROW constraints — the roadway alignment from phase to phase would not match o Part-take compensation is insufficient for proposed coalition improvements o Bristol businesses along the subject segment are not united on this option o Opposition from adjacent residents /neighbors including Washington Square Neighborhood Association UPDATE ON DISCUSSIONS WITH BRISTOL PROPERTY OWNERS City staff has continually communicated with Bristol property owners. Recent progress made by the coalition includes a site plan which accommodates Bristol businesses wishing to reinvest acquisition proceeds. The plan allows businesses to remain on Bristol by relocating them to adjacent remnant parcels, with a conceptual layout which generally conforms to zoning and development standards. Staff has provided the coalition with the general guidelines for the right - of -way acquisition process and the planning process as shown in Exhibit 5. A concern expressed by the Bristol business coalition is the lack of updated offers from the original ones made in summer of 2013. Staff had been waiting to gain property access to provide updated offers, and a decision by the City Council confirming full- property acquisitions is recommended so that funds can become available to negotiate offers. Therefore, authorization to proceed with full -take property acquisitions will help Bristol businesses with receiving and negotiating offers. 55C -3 Bristol Street Improvements, Right -of -Way Acquisitions, and Adoption of an Addendum to the Final EIS /EIR July 1, 2014 Page 4 A list of the coalition's concerns is shown in Exhibit 6. The City cannot, however, make any approvals at this time or commitments upfront since all discussions are hypothetical. 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, this alternative allows Bristol businesses that wish to remain in Santa Ana to 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, ENVIRONMENTAL IMPACT California Environmental Quality Act Section 15164(d) requires City Council adoption of a resolution approving the Addendum to the FEIS /EIR. FISCAL IMPACT There is no fiscal impact associated with this action Edwin "William" Galvezr 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. Right -of -Way and Planning Process for Coalition 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 F-T-Tri T TLV W - Z -. ti j I I 1 I I I I I I I I 1 II I I j I I j I I I I � I 1 I 1 I � I I j I j I 1 I WAUMWJ1UN AVENUE ............ _1 I I j i I 6W • s EXHIBIT 2 I I I SANTA ANA CRY L BRISTOL STREET LfPOVEMEWB, P W A AgmA DAm- m- r- oF-wAY Aoou�I mw ,vim mm mm .W t M OF M ADDENDUM TO TFE FVOL WEIR oUY if FS A6FNfv 55C -7 PAGE 1 OF 1 55C -8 6/18/14 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 N0, 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 IIIB 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 July 1, 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 - QF9 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 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 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- 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 PROJECTNUMRER. 132897 PROJECT CONTACT. Court Morgan MAIL court morgar@powereng.com 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 REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17' 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 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to I7" Street TABLE OF CONTENTS 1.0 INTRODUCTION ...................................................................................... ..............................1 1.1 PURPOSE OF AN ADDENDUM ................................................................... ............................... 1 1.2 PROJECT LOCATION .................................................................................. ..............................4 AGRICULTURAL RESOURCES ................................................................... 1.2.1 Existing Land Uses ........................................................................... ..............................4 3.3 1.3 PROJECT BACKGROUND .......................................................................... ............................... 8 1.3.1 Approved 1990 Final EIR/EIS ........................................................ ............................... 8 1.3.2 Adopted Transportation Improvement Program .............................. ............................... 8 1.4 PROJECT DESCRIPTION ............................................................................. ..............................9 ............................. 30 1.4.1 Bristol Street Widening Phase IIIB Project Area ............................ ............................... 9 1.4.2 Property Acquisition ........................................................................ ............................... 9 1.4.3 Changes as Compared to the Approved Project .............................. .............................12 ............................... 34 1.4.5 Construction Timeframe .................................................................. .............................13 HAZARDS AND HAzARDous MATERIALS .............................................. 1.5 DISCRETIONARY ACTIONS ....................................................................... ............................. 13 2.0 ENVIRONMENTAL CHECICLIST ........................................................ .............................17 2.1 BACICGROUND ....................................................................................... ............................... 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 1 REGIONAL LOCATION ....................................................................... ............................... 5 FIGURE 2 PROJECT LOCATION .......................................................................... ............................... 6 FIGURE 3 EXISTING LAND USE (1990 FEIS / EIR) ............................................. ............................... 7 FIGURE 4 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 CHECK LIST ...................................... ............................... 56 ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE u 55C -14 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to 17' Street 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 CalEEMod 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 ppm parts per million Project Bristol Street Widening Phase IIIB — 176' 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 SWPP,P Stormwater Pollution Prevention Plan TCMs Transportation Control Measures UBC Uniform Building Code ANA 111 -334 (PER -02 -0t) Crry OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE hi 55C -15 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 1716 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 176' 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/EIR. 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 -turn lane and proposes a shared right -turn lane in its place at the intersection of Bristol Street and 17`x' 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 17t1i 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 FIR has been certified for a project, no Subsequent EIR may be required for that project unless the lead agency determines, based upon substantial evidence, that one or more specified ANA I t1-334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE I 55C -16 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17' 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 RPV2) 132897 CM PAGE 2 55C -17 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" 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 malting 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 /EIR 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 time. 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 SANTA ANA (11/2512013 REV2) 132897 CM PAGE 3 55C -18 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17fh 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 FIR (refer to CEQA Guidelines Section 15164(e)). 1.2 Project Location The proposed Project includes a segment of Bristol Street between Washington Avenue and 17d' 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 It 1-334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 4 55C -19 CO. OREGON I IDAHO NEVADA Santa " LOS ANGELES CO. ladta I San I -- SAN BERNARDINO CO. "'Fernando j TH :SL lol Burbank � X� I San Avalon LEGEND * PROJECT LOCATION Heights i� I Brea_ �9 PACIFIC OCEAN CO. 55C -20 San Fontana — Bernardino RetllanQs Yucaipa - - - - -- Fallbrook DIEGO CO. FIGURE 1 REGIONAL LOCATION BRISTOL STREET WIDENING PROJECT WASHINGTON AVENUE TO 17TH STREET (PHASE IIIB) ^NN u ®I 0 5 10 75 55C -20 San Fontana — Bernardino RetllanQs Yucaipa - - - - -- Fallbrook DIEGO CO. FIGURE 1 REGIONAL LOCATION BRISTOL STREET WIDENING PROJECT WASHINGTON AVENUE TO 17TH STREET (PHASE IIIB) 9 I lC ,q 0 O�C I yl � I of clm v:= p 61 y t7 : ( I � S*'y Ta i N 0 Santa Ana Y] LEGEND FIGURE 2 - PROJECT LOCATION PROJECT LOCATION N BRISTOL STREET WIDENING PROJECT WASHINGTON AVENUE ® Feet TO 17TH STREET 0 1,000 2,000 (PHASE IIIB) SOURCES ARCGIS ONLINE. NATGEO WORLD MAP. ACCESSED 1112512013. 55G -21 eJ Zo NWZr -a �g .! u"�aO7i mpa0 BBB I ► � ° � V � � 4 � LU All, w- 77E I G; - - Ron- mia ILI- � r4NOVt T� L�YII MY1l � m m 1'• m p r oil Z W ~ Z Q W U � O h N Q YOB � Q Q ao �`4� }ku� :tSi ry z z is w r j t.�Y Mi w s N a o t� Kix d j �y t z Z w a ! e i Vi z 3 5 o� z 55C -22 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB— Washington Avenue to 17" Street 1.3 Project Background 1.3.1 Approved 1990 Final EIR/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 Creels (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`h 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 environmental 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 (RTPISCS): 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 BRISTOL/WARNER (ADD NB/EB/SB THRU LNS; WB 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 17" 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 1118 Project Area Phase IIIB of the Bristol Street Widening Project involves the widening of Bristol Street between Washington Avenue and 17a' 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 17`x' 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. I11 -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 9 55C -24 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17'" Street ICl ;34=m :1 :103 »:i19 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 Single Family Residential 405 - 272 -14 1319 N Bristol Street GC SP1 Single Family Residential ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11125/2013 REV2) 132897 CM PAGE 10 55C -25 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to 17f' 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" 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 17`1' Street • Phase IV: Warner Avenue to St. Andrew Place a Phase V: 17`u 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 176' 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"' 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 8 -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 I11 -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 I11B — 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 fall 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 W W 1 11WJ1 N O 0 17TH STREET 1 P� ' SANTA ANA W COLLEGE h 0 O tt a y — WAGNINGTON AVENUE JP f F rlra_ N r N LEGEND FIGURE5 PROPOSED IMPROVEMENTS PROPOSED PROJECT LANE GEOMETRICS PROPOSED BLOCK WALL N BRISTOL STREET WIDENING PROJECT WASHINGTON AVENUE ®reel TO 17TH STREET 1 (PHASE HIS) I » r I ur I cl) W ur -1 Bristol Street NORTH SOURCE FIGURE 6A FI NAL ENVIRONMENTAL IMPACT STATEMENTIENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL 1990 FEISIE IR STREET FROM WARNERAVENUE TO MEMORY LANE, IN THE CITY OF SANTA ANA, WILDAN ASSOCIATES. 1990, PROPOSED LANE GEOMETRICS BRISTOL STREET WIDENING PROJECT WASHINGTON AVENUE TO 17TH STREET (PHASE IIIB) 55C -30 Bristol Street SOURCE: FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL STREET FROM WARNER AVENUE TO MEMORY LANE, IN THE CITY OF SANTA ANA, WI LOAN ASSOCIATES. 1990. 55C -31 NORTH FIGURE 613 1990 FEISIEIR PROPOSED LANE GEOMETRICS BRISTOL STREET WIDENING PROJECT WASHINGTON AVENUE TO 17TH STREET (PHASE HIS) ENVIRONMENTAL IMPACT REPORTADDENDUM 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: Denny Nguyen, P.E. Senior Civil Engineer City of Santa Ana (714)647 -5632 Project Location: Bristol Street from Washington Avenue to 17"' 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 (SPI) Description of Project: The City of Santa Ana is proposing to widen the Bristol Street between Washington Avenue and 17 "' 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 requirements) on both sides of the roadway. As Bristol Street approaches its intersection with 17`h 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 REPORTADDENDUM 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 detennination 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 • Agricultural and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology /Water Quality • Land Use • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation/Traffic • Utilities /Service Systems • 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 - Landfonn 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 12EV2) 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 (IIRS 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 IIIB — Washington Avenue to 17fb 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 (SP1) 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 (SP1) which allows for a ANA It t -334 (PER -02 -0I) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 20 55C -35 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17'" 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 offorest 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 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, 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/EBISB THRU LNS; WB RT TRN LN) AND BRISTOURRST (ADD NB/SB THRU LNS; SB 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 -tern 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 -term 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 I11 -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 22 55C -37 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street trenching, paving, and development of ancillary structures. During construction 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. TABLE 2 PROJECT RELATED CONSTRU Demolition voc NOx CO S02 PM10 P102.e 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; PMio = 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. 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 I 1 -334 (PER- 02 -0I) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 23 55C -38 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17"i 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 dining 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 IY7TWIGIRIN91 Bristol Street Between Seventeenth Street and 13 82 6 14 0 2 2 Seventeenth Street and 25 62 3 11 0 1 Washington Avenue Seventeenth Street and -20 -3 -3 0 -1 -1 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; PM2,5 = 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 Washington Avenue Year 2035 with Project Bristol Street Between Seventeenth Street and 15 39 3 6 0 2 2 Washington Avenue ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 24 55C -39 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 —Washington Avenue to I 7 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 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; PMto = 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 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, PMIO, 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 17u' 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. d.) 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 1 I I -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 1118 — Washington Avenue to I7 h Street Localized Constriction 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 LST screening level criteria for CO, nitrogen dioxide (NO2), PM10, or PM2.5. Because emissions associated with this alternative would be less than the LST, 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 ACTIVITIES Notes: NOx = nitrogen oxides; CO = carbon monoxide; PMro = particulate matter less than less than or equal to 10 microns in diameter; PM2,5 = pariculale 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) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 26 55C -41 M CID PM10 i 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 Notes: NOx = nitrogen oxides; CO = carbon monoxide; PMro = particulate matter less than less than or equal to 10 microns in diameter; PM2,5 = pariculale 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) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 26 55C -41 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to 17' 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 -tern 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 17s' 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. 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 2013 @). Note: CAAQS = California Ambient Air Qualitv 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 -01) CITY OF SANTA ANA (1 t/25/2013 REV2) 132897 CM PACE 27 55C -42 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase I11B — Washington Avenue to 17`" 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 of people? Construction activities associated with the proposed Project may generate detectable odors from heavy - duty construction equipment and exhaust. Odors associated with diesel and gasoline fames are transitory in nature and would not create objectionable odors affecting a substantial number of people. The impacts from these odors would be short -teen, 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 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 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 [Minimal 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 Garne 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 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM 55C -43 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase HIS — 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 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 29 55C -44 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 — 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. ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 30 55C -45 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — 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 of formal 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 - Landform 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 CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 31 55C -46 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17'h Street approximately eight miles to the west. 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.)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. a.)iv 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 REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17'h 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 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 33 55C -48 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17h 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? 1 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 55C -49 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17`b 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 ' E DISTANCE LDCATIQN 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 Washington 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 1 �" Street Mitigation Measures No new additional mitigation measures are required. tl) 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 far 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 111 -334 (PER -02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 36 55C -51 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street During construction, the disruption of traffic and access along Bristol Street between Washington Avenue and 17°i 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 tern during construction and mobility would improve once the Project is completed. Compliance with 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. 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 (PER- 02 -01) CITY OF BANTA ANA (tl/25/2013 REV2) 132897 CM PAGE 37 55C -52 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase HIS — 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 constriction 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. In 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 REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17 h 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 constniction 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. I I I -334 (PrR- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE39 55C -54 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase /118 — Washington Avenue to 17fb 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 orprovide 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 quality? 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. i.) 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 H-334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 40 55C -55 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase RIB —Washington Avenue to I7" 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 IV - Enviromnental 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 176' 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 (SPl) which allows for ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 41 55C -56 ENVIRONMENTAL IMPACTREPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17fb 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 ofthe 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. hnplementation 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 RrV2) 132897 CM PAGE42 55C -57 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — 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`11 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`h 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 REPORTADDENDUM 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 PAGE 44 55C -59 ENVIRONMENTAL IMPACT REPORT ADDENDUM 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 17a` 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. 17fl' 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 17"' 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 (11/25/2013 REV2) 132897 CM PAGE 45 55C -60 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to I7' 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 (PEIZ -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 46 55C -61 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — 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.) Other public facilities? The proposed Project entails the widening of Bristol Street between Washington Avenue and 17`I' 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`h 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 55C -62 ENVIRONMENTAL IMPACT REPORTADDENDUM 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 176' 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 Motile, 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, Brinkerhoff, 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 neanagement 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 I I t -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PACE48 55C -63 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street The proposed Project would result in an improvement to Bristol Street from Washington Avenue to 17r' 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 176' 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. Impacts 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 (e.g., farm equipment)? The proposed Project would improve the traffic flow along Bristol Street from Washington Avenue to 17t1i 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. Impacts 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 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 49 55C -64 ENVIRONMENTAL IMPACT REPORTADDENDLIM 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 of such 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 front existing entitlements and resources, or are new or expanded entitlements needed? The proposed Project entails the widening of Bristol Street between Washington Avenue and 17" 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 -term 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 REPORTADDENDUM Bristol Street Widening Phase IIIB — 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)I 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 REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17'h 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 REPORTADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17`b 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.ei.santa- ana.ca.us. Accessed November 2013. 2013b. 17h St. at Bristol St. EB Right Turn Pocket Future LOS Calculation Memorandum. November 25, 2013. Southern California Association of Governments (SLAG). 2008. Orange County RTIP, Project Listing Report. Accessed at: www.scag.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. . 201 la. 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 177). September 2012. 2012b. Air Quality Conformity Analysis — Bristol Street Widening Project Civic Center Drive to 17`h Street (Phase II1). 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 111 -334 (PER-02-0t) CTTY 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`" Street . 2013b. Initial Site Assessment — Bristol Street Widening Project Civic Center Drive to 17'h 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 IIIB — Washington Avenue to 1716 Street APPENDIX A MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 55C -71 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to I e Street Modifledlnitial 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 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 1/25/20B RLV2) 132897 CM PAGE 58 55C -73 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 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? d) Create a new source of substantial light X YES NO 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))? d) Result in the loss of forest land or X N/A NO 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 (I 1/25/20B RLV2) 132897 CM PAGE 58 55C -73 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street MODIFIED INITIAL STUDY CHECKLIST I) CITY OF SANTA ANA (11/25/2013 REV2) 132997 CM PAGE 59 55C -74 New Impacts of Proposed Previous FEIS /EIR - Project Changes No Impact Less Than Significant Less Than Significant .Potentially Significant impacts . Disclosed? Subsequenter Supplemental EIR Impact After Impact Required? - - Mitigation 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)? X YES NO d) Expose sensitive receptors to 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? I) CITY OF SANTA ANA (11/25/2013 REV2) 132997 CM PAGE 59 55C -74 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street 1Nldening 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 60 55C -75 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 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 111334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 60 55C -75 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to 17fb Street MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 61 55C -76 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 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 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 61 55C -76 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IlIS — Washington Avenue to 17`b Street MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 62 55C -77 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 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 wlldland 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 (11/25/2013 REV2) 132897 CM PAGE 62 55C -77 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 (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 Suhsequenl 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? e) Create or contribute runoff water which X YES NO 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 orotherflood 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? j) Inundation by seiche, tsunami, or X N/A NO mudflow? 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established X N/A NO 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? c) Conflict with any applicable habitat X N/A NO conservation plan or natural community conservation plan? ANA 111 -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 17°i Street MODIFIED INITIAL STUDY CHECKLIST ANA I11 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 64 55C -79 New Impacts of Proposed Previous FEISIEIR Project Changes No Less Than Less Than Potentially Impacts Subsequent or ImpactSignifcant Signlficant 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 I11 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 64 55C -79 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street MODIFIED INITIAL STUDY CHECKLIST 111 -334 (PER -02 -0 1) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM 55C -80 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 f) For a project within the vicinity of a X N/A NO private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 1.3. 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? 111 -334 (PER -02 -0 1) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM 55C -80 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to 17'h Street MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PER- 02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 66 55C -81 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 Impact Required? - Mitigation b) Does the project include recreational X YES NO 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? c) Result in a change in air traffic patterns, X NO NO 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? f) Conflict with adopted policies, plans, or X YES NO 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 a) Exceed wastewater treatment X YES NO requirements of the applicable Regional Water Quality Control Board? ANA 111 -334 (PER- 02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 66 55C -81 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to I 7 Street MODIFIED INITIAL STUDY CHECKLIST ANA 111 -334 (PER- 02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 67 55C -82 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 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 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 67 55C -82 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 (11/25/2013 REV2) 132897 CM PAGE 68 55C -83 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 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 111 -334 (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. Coalition to provide a signed statement regarding their choice to be part of the Coalition rather than individual relocation. • 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. Need to update /prepare appraisal reports for the following: • Acquisition • Furniture, Fixtures & Equipment • Relocation This process has been underway and updated offer packages are being prepared. Planning Process • Submit and complete Site Plan Review • Submit Discretionary Action — Planning Commission • Planning Commission Public Hearing on discretionary actions o Variance(s) and tentative subdivision map • City Council consent items for discretionary actions • Final Subdivision Map approved by Public Works Development vjb1 " `611 55C -86 CITY RESPONSE TO COALITION'S LIST OF CONCERNS DATED 4 -21 -14 1. Two 2) week extension for item placement on City Council agenda on May 20, 2014. The item has been continued until July 1, 2014. City staff has met with Coalition's representatives to discuss their options and proposed site plan since the end of April. Appraisals for all Coalition properties have been updated. City Attorney is coordinating with Coalition's Attorney in regards to compensation to the Coalition. 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 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 for any agreement would facilitate relocation to a new development site: a) Acquisition of each parcel 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 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 within the City's jurisdiction. Property taxes are outlined in the Revenue and Taxation code. Please note the links below and consult your tax consultant for additional information: http: / /www.boe.ca. ovg /lawguides /property /curregt/ptlg /rt/68.htm1 http: / /ocgov.com /gov /assessor /programs /dama ,yes 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 of consultants. The waiving of fees would be a decision for City Council. 6. The City is to issue variances for each business with respect to parking, building setback and landscaping requirements. All new development shall conform to City General Plan and Specific Plan (if available, Bristol Specific Plan in this case); however, 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. The two north -most building structures will need to be demolished and cleared prior to commencement of the City's construction project since the proposed curb alignment will impact the existing building footprint. The Coalition businesses in the south end of the segment may remain at their current locations until construction of the proposed street and east curb & gutter are complete. The buildings, however, would need to be demolished prior to the construction of the proposed parkway and sidewalk. In order to facilitate an efficient relocation, 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. 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 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: SUBMISSION TO THE VOTERS AT THE NOVEMBER 4, 2014 MUNICIPAL ELECTION: CITY OF SANTA ANA MEDICAL MARIJUANA REGULATION AND LIMITATION INITIATIVE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt 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 a proposed ordinance and requesting Board of Supervisors to consolidate election with the Statewide General Election. 2. Adopt a resolution on ballot question. 3. Adopt a resolution authorizing submittal of written arguments for or against the proposed City Measure. 4. Approve guidelines for preparation of arguments for or against the proposed Ordinance, fix the date for the submission of Direct Arguments and Rebuttal Arguments, and post the notice for the argument process in accordance with the provisions of the California State Elections Code. 5. Authorize the City Attorney to prepare an Impartial Analysis to be submitted for consideration by the voters. 6. Direct staff to process all other documents required to proceed with the proposed City Measure. DISCUSSION At the June 17, 2014 City Council meeting staff presented a report outlining the proposed City Initiative on medical marijuana which included recommended development standards, operational requirements and the establishment of taxing /regulatory fees. Following public comments and council discussion of the proposed City Initiative, the City Council voted to continue the item to the July 1, 2014 meeting to allow staff time to explore additional options and make several recommended revisions to the proposed City Initiative. Based on this discussion, the draft ordinance now reflects the following changes: 5513-1 Medical Marijuana Ballot Initiative July 1, 2014 Page 2 1. Remove the cap on collectives which was previously set at twelve. 2. Limit the hours of operation from 10:00 a.m. to 8:00 p.m. Monday - Saturday and 11:00 a.m. to 7:00 p.m. on Sundays. 3. Increase the age limit to enter a medical marijuana establishment to (21) years of age unless accompanied by a primary care giver, licensed attending physician, parent(s) or documented legal guardian. 4. Reduce the minimum separation requirement between collectives from 1,000 feet to 500 feet. 5. Pursuant to 9217 of the Election Code, the City Council may reserve the authority to make future amendments to the voter approved initiative without voter approval. 6. Clarify that should the proposed measure pass, it will render competing measures null and void. 7. Remove /amend items that may be subject to legal challenge: a. Clarify that any request for video recordings must be by consent, through a warrant or court order. b. Clarify that agents, employees and volunteers can be cited for violations. c. Clarify that the proposed gross receipts tax will not be adjusted by both a percentage and inflation. d. Provide that violations of the proposed ordinance are subject to Penal Code penalties. e. Modification requirements regarding the maintenance of records. Additional Alternatives to Consider Since the June 17th meeting the City has received further feedback from the medical marijuana community and City Council members regarding additional items that may be considered and /or added to the City Initiative. Staff has reviewed each of the requested items and provided a short analysis. These items include: 1. In City Council wards where there are no industrially zoned properties (M -1, M -2), a maximum of two collectives may operate in that Ward in a Professional (P) zone or an Arterial Commercial (C -5) zone. Analysis — This alternative addresses concerns that the permitted zones for medical marijuana collectives /cooperatives proposed are too restrictive and would limit 55D -2 Medical Marijuana Ballot Initiative July 1, 2014 Page 3 collectives /cooperatives to the primarily industrial areas in the southeast and southwest portions of the City. Based on the revised 500 foot separation requirement between collectives /cooperatives, staff estimates that as many as (18) collectives /cooperatives may be able to locate in the proposed areas (refer to Alternative Section 18 -615). Implement a cooperative /collective registration application and Regulatory Safety Permit. In this process, the Director of Planning and Building or their designee will review and process the registration application. If the application is deemed complete and in compliance with the established standards the business will be able to apply for the Regulatory Safety Permit which will be reviewed and issued by the Chief of Police, Regulatory Safety Permits must be renewed annually unless revoked. This process would replace the previously proposed Conditional Use Permit requirement. Analysis — The development of a registration and Regulatory Safety Permit process to replace the proposed Conditional Use Permit process addresses concerns regarding legal challenge from the medical marijuana community. Additionally, requiring annual renewals will provide the City with an opportunity to review and potentially revoke the Regulatory Safety Permit in cases where a medical marijuana collective /cooperative is not operating within the specified guidelines (refer to Alternative Section 18 -617). 3. Include a sunset provision to repeal the proposed ordinance unless it is readopted by the City Council. Analysis — The provision for a sunset on the proposed ordinance is an alternative to the provision to allow the City Council to make future amendments to the ordinance without requiring voter approval. Both options provide the City with a greater amount of flexibility to make changes to the proposed ordinance should issues arise after its initial implementation (refer to Alternative Section 6). 4. Remove language regarding medical marijuana testing and testing logs from the proposed ordinance. Analysis — The requirements regarding testing and testing logs are intended to protect the end consumer of medical marijuana by ensuring that collectives /cooperatives are maintaining a sufficiently high standard of product. The City is not equipped to address issues relating to the testing of medical marijuana and would recommend removing this language and deferring to these requirements to the state legislature. 5. Utilize Request for Proposals process to select medical marijuana collectives /cooperatives. Analysis — The proposed ordinance includes a provision for the use of a lottery in order to allocate the final number of permitted collectives /cooperatives within the eligible zones while implementing the separation requirements. In contrast to the lottery system to allocate collectives /cooperatives, staff received feedback that the City could instead issue requests for proposals to solicit applications from potential collectives /cooperatives and 55D -3 Medical Marijuana Ballot Initiative July 1, 2014 Page 4 then select them based on a set of criteria. Staff does not recommend this approach due to the strong potential for the selection process to be preferential and subject to challenge. Potential Allocation of City Staff Resources for Enforcement At the City Council meeting on June 17th the City Council directed staff to develop an enforcement plan to address the negative effects resulting from medical marijuana collective /cooperatives. A full enforcement plan is currently being developed in partnership with the Police Department, Planning and Building Agency and City Attorney's Office and is scheduled for City Council review on August 1, 2014. For purposes of discussion, and considering that a full enforcement plan is still being developed, staff has prepared the following preliminary staffing allocations based on three funding scenarios: $1 million Scenario — The staffing allocation in this funding scenario focuses on enforcing both legal and illegal medical marijuana collectives /cooperatives from a land use perspective and as a result predominantly proposes the addition of Code Enforcement and City Attorney staff. This scenario is developed to achieve compliance through the citation, fines and litigation process and would include adding: o (2) Code Enforcement Officers o (1) Senior Code Enforcement Officer o (1) Senior Office Assistant o (2) Assistant City Attorneys o (0.5) Combination Building Inspector o (1) Police Officer • $1.5 million Scenario —Similar to the above scenario, this funding allocation would serve to enhance the land use enforcement model with additional Code Enforcement Inspectors, Building Inspectors and Police Officers. This scenario would include adding: o (3) Code Enforcement Officers o (1) Senior Code Enforcement Officer o (1) Senior Office Assistant o (2) Assistant City Attorneys o (1.5) Combination Building Inspector o (2) Police Officers $2 million Scenario —This funding scenario would provide sufficient resources to develop a Vice unit within the Police Department to pursue investigations of illegal drug trafficking, money laundering, and other related public safety issues in addition to the Code Enforcement and Attorney's Office enforcement of land use violations. This scenario would include adding: o (3) Code Enforcement Officers o (1) Senior Code Enforcement Officer 55D -4 Medical Marijuana Ballot Initiative July 1, 2014 Page 5 o (1) Senior Office Assistant o (2) Assistant City Attorneys o (1.5) Combination Building Inspector o (4) Vice Unit Police Officers California Environmental Quality Act (CEQA) Analysis The California Resources Code states that voter initiatives not sponsored by a public agency do not constitute a "project' pursuant to CEQA and, as such, they are exempt from environmental review (Public Resources Code Section 15378(b)(3)). The collective- backed voter initiative, therefore, is not required to provide any environmental impact analysis. In contrast the City - sponsored initiative is subject to CEQA review. Therefore, in accordance with this requirement, staff reviewed the Environmental Checklist Form (Appendix G of the CEQA Guidelines) to determine if there would be any possibility that the City - sponsored initiative would have the possibility of creating any environmental impacts. Based on this review, staff has determined that the establishment of regulations for medical marijuana collectives does not meet any of the thresholds contained in the Checklist that would trigger an environmental impact. According to the "general rule exemption" (Section 15061(b)(3)) of the CEQA Guidelines, projects which have no potential for causing a significant effect on the environment are not subject to CEQA. No further environmental analysis is required. A notice of exemption will be filed for this project. FISCAL IMPACT The cost to consolidate the General Municipal Election is estimated to be $225,000. Funds for these administrative costs are available in the General Non - Departmental, Contractual Services account no. 01105015 62300, FY 2013 -2014 and 2014 -2015. Karen Haluza Interim Executive Director Planning and Building Agency MF:rb MF:RFCA - 7-1-2014 Medical Marijuana Initiative APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Exhibit: 1. Ordinance Amending Chapter 18 of the Santa Ana Municipal Code 2. Ordinance Amending Chapter 21 of the Santa Ana Municipal Code 55D -5 EXHIBIT 1 PROPOSED ORDINANCE 55D -6 ORDINANCE NO. _ SRC:06/25/15; V2 AN ORDINANCE OF THE PEOPLE OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 OF THE MUNICIPAL CODE TO DELETE AND REPLACE ARTICLE XIII, TO DELETE SECTION 41 -121, DELETE SUBSECTION (B) OF SECTION 41.144, AND AMEND ARTICLE XII OF CHAPTER 21 BY ADDING SECTIONS 21.126, 21- 127, 21 -128, 21 -129 and 21 -130 TO REGULATE THE ESTABLISHMENT, OPERATION AND TAXATION OF MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES WHEREAS, in 1996, the California electorate approved Proposition 215, the Compassionate Use Act of 1996, which allows a patient, with a doctor's recommendation, to use marijuana for medical purposes without the fear of prosecution or arrest; and WHEREAS, in 2003, the California legislature passed Senate Bill 420 (Medical Marijuana Program Act) which amended the Health and Safety Code to permit the establishment of medical marijuana dispensaries for the distribution of marijuana for medical purposes; and WHEREAS, cities where medical marijuana dispensaries have been permitted to operate have experienced significant problems, including burglaries and takeover robberies of dispensaries, robberies of customers leaving dispensaries, an increase in crime (especially thefts and robberies) in the vicinity of dispensaries, illegal re- selling of marijuana obtained from dispensaries, physicians issuing apparently fraudulent recommendations for the use of marijuana, collective staff selling marijuana to customers with obviously counterfeit patient identification cards, street dealers attempting to sell marijuana to collective customers, collective customers using marijuana and then driving under the influence of marijuana, the sale of illegal drugs other than marijuana in the dispensaries, sales of marijuana to minors; and WHEREAS, after studying various alternatives for the regulation of medical marijuana dispensaries, considering testimony from members of the public, and reviewing the legal status of medical marijuana dispensaries under applicable law, the City Council finds that the regulation and operation of medical marijuana dispensaries is necessary to protect the public health, safety, and welfare by mitigating the adverse secondary effects from the operations of medical marijuana dispensaries; and WHEREAS, the City of Santa Ana has a compelling interest in ensuring that marijuana is not distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which medical marijuana collectives operate, and in providing compassionate access to medical marijuana to its seriously ill residents. NOW, THEREFORE, THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: 55394.00000 \8922745.1 t 55D -7 SECTION 1. The People hereby adopt the recitals and findings set forth above and in the request for Council action -staff report prepared in connection with this ordinance. SECTION 2. Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby deleted in its entirety and replaced with the following: Chapter 18 ARTICLE XIII. MEDICAL MARIJUANA COLLECTIVES /COOPERATIVES 18.610. Purposes and intent. It is the purpose and intent of this article to regulate the collective distribution of medical marijuana in order to ensure the health, safety and welfare of the residents of the City of Santa Ana. The regulations in this article, in compliance with the Compassionate Use Act, the Medical Marijuana Program Act, and the California Health and Safety Code (collectively referred to as "State Law ") do not interfere with a patient's right to use medical marijuana as authorized under State Law, nor do they criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, as authorized under State Law. Under State Law, only qualified patients, persons with identification cards, and primary caregivers may cultivate medical marijuana collectively. Medical marijuana collectives shall comply with all provisions of the Santa Ana Municipal Code ( "Code "), State Law, the 2008 California Attorney General Guidelines for the Security and Non - Diversion of Marijuana Grown for Medical Use, and all other applicable local and state laws. Nothing in this article purports to permit activities that are otherwise illegal under state or local law. 18 -611. Definitions. (a) "Cultivation" and /or "Cultivate" shall mean the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof. (b) "Medical Marijuana Collective" or "Cooperative" or "Collective' means any facility or location where medical marijuana is made available and /or distributed by or to one or more of the following: a primary caregiver, a qualified patient or a person with an identification card in strict accordance with California Health and Safety Code Section 11362.5 et seq., as sometimes amended. A "medical marijuana collective" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life- threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not 55394.00000\8922945.1 2 55D -8 limited to, Health and Safety Code Section 11362.5 et seq. For purposes of this Municipal Code, "Dispensary" and "Dispensaries" have the same the same meaning as Collective or Cooperative. (c) "Identification Card" shall have the same definition as that contained in Health and Safety Code § 11362.7 et seq., as sometimes amended. (d) "Manager" means any person responsible for the establishment, organization, supervision, or oversight of the operation of a Collective, including but not limited to members who perform the functions of president, vice - president, director, operating officer, financial officer, secretary, or treasurer. Ability to control one or more of the following functions shall be prima facie evidence that such person is a manager: (1) to hire, select, or separate employees or staff, including volunteers; (2) to acquire facilities, furniture, equipment or supplies other than occasional replenishment of stock; (3) to disburse funds of the business other than occasional expenditures for replenishment of stock; or (4) to make, or participate in making, policy decisions relative to the operations of the business. (e) "Marijuana' shall have the same definition as that contained in Health and Safety Code § 11018 as sometimes amended. (f) "Medical Marijuana" shall have the same definition as that contained in Health and Safety Code § 11362.5 et seq., as sometimes amended. (g) "Primary Caregiver' shall have the same definition as that contained in Health and Safety Code § 11362.5 and 11362.7, as sometimes amended. (h) "Qualified Patient" shall have the same definition as that contained in Health and Safety Code § 11362.5 as sometimes amended. 18 -612. Scope of article. The operating standards established in this chapter apply to any site, facility, location, use, cooperative or business currently operating in the City of Santa Ana, or which commences operations after the effective date of this Article, that distributes, dispenses, stores, sells, exchanges, processes, delivers, or gives away, medical marijuana to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code § 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996 ") or any state regulations adopted in furtherance thereof. Any collective in the City of Santa Ana shall operate in conformance with the operating standards set forth in section 18 -613 of this Code to assure that the operations of the collective are in compliance with California law and to mitigate the adverse secondary effects from operations of dispensaries. 18 -613. Operating standards. (a) At all times the collective is open, a collective shall provide at least one security guard who is licensed, possesses a valid Department of Consumer Affairs 55394.00000 \8922745.1 3 55D -9 "security guard card ", and has a valid Santa Ana Business License. Security guards shall not possess firearms. (b) The security guard and collective personnel shall monitor the site and the immediate vicinity of the site to assure that patrons immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. (c) Exterior signage shall be limited to one wall sign not to exceed ten square feet in area and may not be externally or internally illuminated. Interior signage or advertising may not be visible from the exterior. (d) No recommendations from a doctor for medical marijuana shall be issued on -site. (e) There shall be no on -site sales of alcohol or tobacco products, and no on- site consumption of food, alcohol, tobacco or marijuana by patrons. (f) Hours of operation shall be limited to: Monday -- Saturday 10 a.m. —and 8 p.m. midnight and Sunday 11a.m_ -7 p.m. (g) The property provides a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the property is not detected outside the property, anywhere on adjacent property or public rights -of -way, or within any other unit located within the same building as the collective. (h) A collective shall only dispense medical marijuana to qualified patients and their caregivers as defined by California Health and Safety Code § 11362.5 (Proposition 215). This shall include possession of an original valid doctor's recommendation, not more than one year old, for medical marijuana use by the patient. (i) A collective shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location: (1) Use of medical marijuana shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical marijuana is a crime and can lead to arrest. (2) That loitering on and around the collective site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. (3) Forgery of medical documents is a felony crime. (4) A warning that patrons may be subject to prosecution under federal marijuana laws. 55394.00000 \8922745.7 4 55D -10 (5) That the use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery. Q) A collective shall not provide marijuana to any individual in an amount not consistent with personal medical use. (k) A collective shall not store more than $200.00 in cash reserves overnight on the premises and shall make at least one daily bank drop that includes all cash collected on that business day. (1) No one under 2148 years of age shall be permitted to enter establishment, unless such person that rniaer is a qualified patient and is accompanied by his or her Primary Caregiver, licensed Attending Physician, parent(s) or documented legal guardian. (m) A collective shall provide the name and phone number of an on -site staff person to the Police Department and Community Preservation Division for notification if there are operational problems with the establishment. (n) Each collective operator(s) and employees shall complete a criminal background check. Employees, managers or volunteers may not have been convicted of, or plead guilty /no- contest to a felony or misdemeanor drug charge within the past four years. (o) Marijuana shall not be grown or cultivated at collective sites, except that cuttings of the marijuana plant may be kept or maintained on -site for distribution to qualified patients and primary caregivers as follows: (1) The cuttings shall not be utilized by a collective as a source for the provision of marijuana for consumption on -site, however, upon provision to a qualified patient or primary caregiver, that person may use the cuttings to cultivate marijuana plants off -site for their own use and they may also return marijuana from the resulting mature plant for distribution by the collective. (2) For the purposes of this paragraph, the term "cutting" shall mean a rootless piece cut from a marijuana plant, which is no more than six inches in length, and which can be used to grow another plant in a different location. (p) A collective shall comply with applicable provisions of the California Health and Safety Code §§ 11362.5 through 11362.83, inclusive. (q) If food is distributed, the collective shall comply which all relevant state laws and city ordinances pertaining to the preparation, distribution and sale of food. (r) The location, interior and exterior, shall be monitored at all times by web- 55394.00000 \8922745.1 5 55D -11 based closed- circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the location. The recordings shall be maintained for a period of not less than ninety days, The Police Department may request the recordings in connection with an investigation. If the recordings are not voluntarily provided, the Police Department may seek a warrant or court order for the recordings.and -shah he ads available by the elleatiye to the Pollee r1..pa Ft ent upon Fequest.. (s) The location shall have a centrally- monitored fire and burglar alarm system and the building or the portion of the building where the collective is located shall contain a fire -proof safe; (t) No manufacture of concentrated cannabis in violation of California Health and Safety Code section 11379.6 is allowed; (u) No collective shall operate for profit. Cash and in -kind contributions, reimbursements, and reasonable compensation provided by members towards the collective's actual expenses of the growth, cultivation, and provision of medical marijuana shall be allowed provided that they are in strict compliance with State Law. All such cash and in -kind amounts and items shall be fully documented. 18 -614. Reserved. NUMeFiGal limit on dispen6aries- - - - -- Formatted: Indent: First line: 0.5' No meFe than twelve (12) Fnedieal .F..,F:..,r.. oolleGtiyes shall be permitted t_ - -__ Formatted: Left, Indent: First line: 0 .5" to ,...,....t,...t .. ., t:...,. 18.615. Zones permitted. No collective shall operate within a residential (R -1, R -2, R -3, R -4, RE, CR) zone, Professional (P) zone, Arterial Commercial (C -5) zone, Planned Shopping Center (C -4) zone, Specific Development (SD), Specific Plan (SP) or Agricultural (A -1) zone. A Collective may only operate in an Industrial zone (M -1, M -2) in accordance with this Article. ALTERNATIVE SECTION 18 -615: 18 -615. Zones permitted; Wards permitted. A Collective may only operate in an Industrial zone (M -1, M -2) in accordance with this Article; unless an M -1 or M -2 Industrial Zone does not exist in one of the City's existing six (6) Wards. If a Ward does riot have an Industrial Zone, a maximum of two (2) collectives may operate in that Ward, in a Professional (P) zone or an Arterial Commercial (C -5) zone. No collective shall operate within a residential (R -1, R -2, R -3, 553e4.0000M8e21745.1 6 55D -12 R -4, RE, CR) zone under any circumstances. 18 -616. Separation requirements. (a) No collective shall be located within 500 feet of another Medical Marijuana Collective or Cooperative or within 1,000 feet of any: (21) School; (23) Park; (3) Residential zone. 18 -617. Permit required. A Conditional Use Permit shall be required for a Medical Marijuana Collective Use and shall be reviewed and processed in accordance with Chapter 41 Division 1 of this Municipal Code. ALTERNATIVE SECTION 18-617: 18- 617.01 Cooperative/Collective registration required. Within 30 days after the adoption of this chapter, the Director of Planning and Building shall prepare Cooperative /Collective registration application forms and a related administrative policy. Each collective interested in operating pursuant to this chapter may submit an application together with a non - refundable processing fee in an amount established by the City Council. The Director shall review each application in the order in which it was received as evidenced by a time -stamp placed on the application when it is submitted and received by a City staff person. The Director or his or her designee shall determine whether each application demonstrates compliance with this Chapter. Each application that is compliance with this Chapter shall be placed on a qualified registration list and the Director shall notify the applicant in writing of its qualified registration status. Once an applicant is informed of its qualified registration status the applicant may apply for the Regulatory Safety Permit provided for in Section _ of this Chapter. The Director shall maintain the qualified registration Gist and update it on an annual basis. Any applicant on the list must submit a written request each year to maintain its status on the list and the Director may place new applicants on the list in order in which the applications are received. 18- 617.01 Cooperative/Collective regulatory safety permit. (a) Every Medical Marijuana Collective shall obtain a Regulatory Safety Permit 55394.00000\99"745.1 7 55D -13 from the Police Department. It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or carry on, in or upon any premises within the city a Medical Marijuana Collective without the required permit. (b) A copy of the Regulatory Safety Permit shall be displayed at all times in a place visible to the public (c) A Regulatory Safety Permit shall be valid for a period of one (1) year, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business for more than the above - referenced period. 18- 617.2. Medical marijuana collective — regulatory permit application process. (a) Any Medical Marijuana Collective desiring a regulatory safety permit required by this chapter shall, prior to initiating operations and after receiving notice of its successful registration under section , complete and file an application to the chief of police on a form supplied by the Police Department. The application shall be filed together with a nonrefundable fee as establish by resolution of the city council, to defray, the cost of investigation required by this chapter. The application shall contain all of the following: (1) The address of the property where the proposed Medical Marijuana Collective(s) will operate; (2) A site plan describing the property with fully dimensioned interior and exterior floor plans including electrical, mechanical, plumbing, and disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the federally mandated Americans with Disabilities Act; (3) Exterior photographs of the entrance(s), exits(s), street frontage(s), parking, front, rear and side(s) of the proposed property; (4) Photographs depicting the entire interior of the proposed property; (5) If the property is being rented or leased or is being purchased under contract, a copy of such lease or contract; (6) If the property is being rented or leased, written proof that the property owner, and landlord if applicable, were given notice that the property will be used as a Medical Marijuana Collective, and that the property owner, and landlord if applicable, agree(s) to said operations; (7) The name, address, telephone number, title and function(s) of each manager, employee, volunteer, etc.; 55394.000=8922945.1 8 55D -14 (8) For each manager, employee, volunteer, a fully legible copy of one valid government issued form of photo identification, such as State Driver's License or Identification Card; (9) If the Medical Marijuana Collective is a corporation, a certified copy of the Collective's Secretary of State Articles of Incorporation, Certificate(s) of Amendment, Statement(s) of Information and a copy of the Collective's Bylaws; (10) If the Medical Marijuana Collective is an unincorporated association, a copy of the Articles of Association; (11) The name and address of the applicant's current agent for Service of Process; (12) A copy of the applicant's Board of Equalization Seller's Permit; (13) A copy of the Medical Marijuana Collective Operating Standards, listed in Section 18 -613, containing a statement dated and signed by the responsible party on -site stating under penalty of perjury, that they read, understand and shall ensure compliance with the aforementioned operating standards. The chief of police shall have thirty (30) calendar days in which to investigate the application and background of the applicant. The department of building safety and housing, the fire department and the Orange County Health Department shall inspect the premises proposed to be devoted to the collective establishment and shall make separate recommendations to the chief of police or designee concerning compliance with the foregoing provisions. (f) The chief of police or designee, after receiving the application and aforementioned recommendations, shall grant the permit if he finds: (1) The required fee has been paid. (2) The application conforms in all respects to the provisions of this chapter. (3) The applicant has not knowingly made a material misrepresentation in the application. (4) The applicant has fully cooperated in the investigation of his application. (5) The applicant has not had a regulatory safety permit or other similar license or permit denied or revoked for cause by this city or any other city located in or out of this state within the five (5) years prior to the date of application, (6) The collective as proposed by the applicant would comply with all applicable laws including, but not limited to, health, zoning, fire and safety requirements and 55394.00000 \8922745.1 9 55D -15 (7) The applicant has demonstrated compliance with the California Department of Justice, Office of the Attorney General, "Guidelines for the Security and Non - Diversion of Marijuana Grown for Medical Use" standards. 18- 617.3. Medical marijuana collective — regulatory permit annual renewal (a) Applications for the renewal of a permit shall be filed with the chief of police at least sixty (60) calendar days before the expiration of the current permit. Temporary permits will not be issued. Any permittee allowing his or her permit to lapse or which permit expired during a suspension shall be required to submit a new registration application and pay the corresponding original application fees. (b) Any person desiring to obtain a renewal of his /her respective permit shall file a written application under penalty of perjury on the required form with the chief of police who shall conduct an investigation. The application shall be accompanied by a nonrefundable filing fee established by separate resolution of the city council to help defray the cost of the investigation required by this chapter. An applicant shall be required to update the information contained in his /her original permit application and provide any new and /or additional information as may be reasonably required by the chief of police in order to determine whether said permit should be renewed. 18.617.4 Maintenance of records. A Medical Marijuana Collective shall maintain records at the location accurately and truthfully documenting: (1) the full name, address, and telephone number(s) of the owner, landlord and /or lessee of the location; (2) the full name, address, and telephone number(s) of all members who are engaged in the management of the collective and the exact nature of each member's participation in the management of the collective; (3) the full name, address, and telephone number(s) of all patient members to whom the collective provides medical marijuana, a copy of a government- issued identification card for all patient members, (4) the full name, address, and telephone number(s) of all primary caregiver members to whom the collective provides medical; .. FeGeived, and mediGal . (56) all receipts of the collective, including but not limited to all contributions, reimbursements, and reasonable compensation, whether in cash or in kind, and all expenditures incurred by the collective for the cultivation of medical marijuana; t" an'AyeAteFy FeGeF' by the G911813tiVe, including the amounts of mai:ijuaRa StGFed at the leGatien Ell EIRY given tFaRsferrerl the date tFa ..fewer Rd the full RAFAP .S the Fn ..+h..r ♦e.. hRm itwas tFaneferred; (9) a I..g dGG erd'ne the date natuite, and r e by the collective to all GemplaiRts FeGeived by the GelleGtive; (10) a Gepy ef the annual audit reports required by 55394.00000 \8932745.1 10 55D -16 Formatter]: Font: (Default) Nial, Fon[color. Black this arkle; (14) the testing log required to be maintained pursuant te thiR WtiSlp; and (6642) proof of compliance with the California Attorney General Guidelines for the Security and Non - Diversion of Marijuana Grown for Medical Use. These records shall be maintained by the collective for a period of five years and shall be made available by the collective to the Police Department and /or Community Preservation Division upon request , exGept that pFivate mAdiARI FeggFds shall be made available by the nellestive t the o..i:, a n, paFt.. ent If they are not produced as requested the City may seek a enty PFGpe y exeGuted search warrant, subpoena, or court order. In addition to all other formats that the collective may maintain, these records shall be stored by the collective at the location in a printed format in its fire -proof safe. Any loss, damage or destruction of the records shall be reported to the Police Department within 24 hours of the loss, destruction or damage. 18 -617.5 Audits and testing. (a) Annual Audits. No later than February 15 of every year, each collective shall file with the City one copy of an audit of its operations of the previous calendar year, completed and certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The audit shall include but not be limited to a discussion, analysis, and verification of each of the records required to be maintained pursuant to this article. (b) Testing of Medical Marijuana. The collective shall use an independent and certified laboratory to analyze a representative sample of dried medical marijuana and a representative sample of edible marijuana for pesticides and any other regulated contaminants pursuant to established local, state, or federal regulatory or statutory standards at levels of sensitivity established for the food and drug supply before providing the medical marijuana to its members. Any medical marijuana from which the representative sample analysis tested positive for a pesticide or other contaminant at a level which exceeds the local, state, or federal regulatory or statutory standard for the food and drug supply shall not be provided to members and shall be destroyed forthwith. Any medical marijuana provided to members shall be properly labeled in strict compliance with state and local laws. (c) Testing Log. The collective shall maintain a written log at the location documenting the date, type, and amount of marijuana tested; the name of the laboratory where the marijuana was tested; the laboratory report containing the results of the testing, including the name and level of the substance detected; and the disposition of the marijuana from which the contaminated sample was obtained, including the amount of marijuana and the date and manner of disposition. 18 -618. Inspection and enforcement responsibilities. The Community Preservation Division may enter and inspect the location of any collective between the hours of 10:00 a.m. and 8:00 p.m., or at any reasonable time, to 55394.00000 \8922745.1 11 55D -17 ensure compliance with this article. In addition, a designated unit within the Police Department may enter and inspect the location of any collective and the recordings and records maintained as required by this article, except that the inspection and copying of private medical records shall be made available to the Police Department only pursuant to a properly executed search warrant, subpoena, or court order. It is unlawful for any owner, landlord, lessee, member (including but not limited to a member engaged in the management), or any other person having any responsibility over the operation of the collective to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records and closed- circuit monitoring authorized and required under this article, including but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring. 18 -619. Applicability to existing medical marijuana operations. Any existing medical marijuana collective, dispensary, operator, establishment, or provider that does not comply with the requirements of this article must immediately cease operation until such time, if any, when it complies fully with the requirements of this article. No medical marijuana collective, dispensary, operator, establishment, or provider that existed prior to the enactment of this article shall be deemed to be a legally established use under the provisions of this article, and such medical marijuana collective, dispensary, operator, establishment, or provider shall not be entitled to claim legal nonconforming status. 18.620. Compliance with this article and state law. (a) It is unlawful for any person to (cause, permit or engage in the cultivation, possession, distribution or giving away of marijuana for (ii) own establish, operate. use or Permit the establishment or operation of a medical marijuana collective or cooperative, or to participate as an employee, contractor, agent or volunteer of a collective or cooperative, except as provided in this article, and pursuant to any and all other applicable local and state laws. (b) It is unlawful for any person to cause, permit or engage in any activity related to medical marijuana except as provided in Health and Safety Code Sections 11362.5 et seq., and pursuant to any and all other applicable local and state laws. (c) It is unlawful for any person to knowingly make any false, misleading or inaccurate statements or representations in any forms, records, filings or documentation required to be maintained, filed or provided to the City under this article, or to any other local, state or federal government agency having jurisdiction over any of the activities of collectives. (d) It shall be the sole responsibility of the members engaged in the management of the collective to ensure that the collective is at all times operating in a manner compliant with all applicable state laws and this article. Nothing in this article shall be construed as authorizing any actions which violate state law with regard to the 55394.00000 \8922745.1 12 55D -18 cultivation, transportation, provision, and sale of medical marijuana. 18.621. Violation and enforcement. Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Municipal Code. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, revocation of the collective's registration, revocation of the certificate of occupancy for the location, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the collective and persons related or associated with the collective. 55394.00000\8922745.1 13 55D -19 SECTION 3. Section 41 -121 of the Santa Ana Municipal Code is hereby deleted in its entirety. SECTION 4. Subsection (b) of Section 41 -144 of the Santa Ana Municipal Code is hereby deleted in its entirety. SECTION 5. Chapter 21, Article XII of the Santa Ana Municipal Code, comprised of sections 21 -126, 21 -127, 21 -128, 21 -129 and 21 -130, is hereby added such that it reads as follows: Sec. 21 -126. Purpose. This article is required for the purpose of fixing the rate of taxation for Marijuana Collectives /Cooperatives and for the purpose of providing a tax levy for the usual and current expenses of the City of Santa Ana. The taxes required to be paid under this article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. Sec. 21.127. Marijuana collectives /cooperatives — Annual business license tax assessment. (a) Annual business license tax assessment for Marijuana Collectives/Cooperatives: (1) Every Collective /Cooperative whether it is organized or conducted as a "not for profit' business, a "non - profit' business, or a "for- profit business," shall pay an annual business license tax in accordance with Chapter 21 of this Code and the Sections and Subsections hereunder. (2) For the purposes of this article, a Marijuana Collective /Cooperative is defined in section 18 -611 of this Municipal Code and is considered to be a business as that term is defined in Section 21 -3 of this Chapter. (3) For the purposes of this article, a Collective /Cooperative is not considered to be a religious or charitable organization. (4) "Medical Marijuana Collective /Cooperative" or "Collective /Cooperative" shall mean any activity regulated or permitted by Chapter 18 of this Municipal Code. (5) For the purposes of this article, a Marijuana Collective /Cooperative is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in Sections 21 -48 and 21 -49 of this Chapter. (6) For the purposes of this article, a "Nonprofit Organization" shall mean any institution or organization that is exempted from taxes measured by income or gross receipts pursuant to Article XIII, Section 26 of the California 55394.00000A8922745.1 14 55D -20 Constitution as codified under Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code and Section 37101 (c) of the Government Code or Sub - Chapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986. An institution or organization operating as a Collective /Cooperative and claiming a gross receipts assessment business license tax exemption under this section shall have the burden of furnishing to the collector such information as the collector may require to validate the claim of exemption including but not limited to such a determination by the California Franchise Tax Board or any other information requested by the collector. (7) For the purposes of this article, "gross receipts" shall mean any transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for marijuana whatsoever, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount, in any calendar year of cash or in -kind contributions, including all operating costs related to the growth, cultivation or provision of marijuana or any transaction related thereto. "Gross receipts" shall also include without limitation anything else of value obtained by a Collective /Cooperative. The term "gross receipts" shall also include the total amount, in any calendar year, of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, merchandise, for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included. "Gross receipts" shall also include the amount of any federal, manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any California state, city or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale. "Gross receipts" shall be calculated without any deduction on account of any of the following: 55394.00000 \8922745.1 15 55D -21 (i) The cost of tangible property sold or bartered; (ii) The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; or (iii) The cost of transportation of the marijuana, or other property or product. (b) Business license tax rates for Marijuana Collectives /Cooperatives. (1) Every Collective /Cooperative, excepting a qualified "Nonprofit Organization', whether it is organized or conducted as a "not for profit' business, a "non- profit" business, a "for- profit business," shall pay a separate business license tax at a rate of up to ten percent (10 %) of the gross receipts generated or otherwise received for each branch establishment or separate property location of the business. The gross receipts tax shall be initially set at a rate of five percent (5 %). The maximum tax rate shall not exceed ten percent (10 %) of gross receipts. This tax shall not be adjusted for inflation pursuant to Section 21 -121 of this Chapter. (2) Notwithstanding the maximum tax rate of ten percent (10 %) of gross receipts imposed under subsection (b)(1), the City Council may in its discretion at any time by ordinance implement a lower gross receipts tax rate for all Marijuana Collectives /Cooperatives, as defined in such ordinance, subject to the maximum rate of ten percent (10 %) of gross receipts. The City Council may by ordinance increase any such gross receipts tax rate from time to time, not to exceed the maximum gross receipts tax rate established under subsection (b)(1). (3) As part of the gross receipts tax imposed by this article, each Collective /Cooperative shall pay a minimum basic rate of two thousand dollars annually for each separate branch location or separate property location of the business. (c) Modification, Repeal or Amendment. The City Council may repeal the ordinance codified in this article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The City Council may likewise by ordinance adopt and add additional provisions to any other article of this Chapter and relate them to this article, or amend any existing provisions of any article of this Chapter as they may already relate to this article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the City Council repeals said ordinance or any provision of this article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (d) Administration - rules, interpretation /clarification. 55394.00000 \9922745.1 16 regulations, and guidelines; 55D -22 In order to aid in the City's collection of taxes due under this article and to ensure that all Marijuana Collectives /Cooperatives are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this Chapter with the provisions of this article in any manner not inconsistent with the intent of this article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the City Attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article. (e) Occasional transactions — Exemptions (1) The provisions of this article shall not apply to persons having no fixed place of business within the City of Santa Ana who come into the city for the purpose of transacting a specific item of marijuana business at the request of a specific patient, client or customer, provided that such person does not come into the city for the purpose of transacting business on more than five days during any calendar year. (2) For any person not having a fixed place of business within the City of Santa Ana who comes into the city for the purpose of transacting Collective /Cooperative activities, the business tax payable by such person may be apportioned by the collector in accordance with this Chapter. (f) Reporting and Remittance Beginning as set forth in subsection (k) below, and monthly thereafter, each Marijuana Collectives /Cooperatives (except qualified Nonprofit Organizations exempt from taxes measured by income or gross receipts) required to pay a tax based on gross receipts under this article, shall report to the city any gross receipts received during the preceding monthly reporting period and shall likewise remit to the city the taxes due and owing during said period. For purposes of this section, month shall mean calendar month, and taxes shall begin to accrue on the date that a person or entity first receives a business license or other permit to operate as a Collective /Cooperative. The payment of the two thousand dollars minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance subsection (b)(3), shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the thirty -first day of March of the following year. In the case of a new Collective /Cooperative the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one - quarter (Ya) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. 55394.00000A8922745.1 17 55D -23 (g) Delinquent date - Penalty. Any individual or entity who fails to pay the taxes required by this article when due shall be subject to penalties and interest as set forth in accordance with this Chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Chapter and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Chapter. (h) Payment of tax does not authorize unlawful business. (1) The payment of a business tax required by this article, and its acceptance by the City, shall not entitle any person to carry on any Collective /Cooperative unless the person has complied with all of the requirements of this code and all other applicable laws, nor to carry on any Collective /Cooperative in any building or on any premises in the event that such building or premises are situated in a zone or locality in which the conduct of such Collective /Cooperative is in violation of any law. (2) No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any legal business in an illegal manner, or any business in violation of any ordinance of the city. Nothing in this article implies or authorizes that any activity connected with the distribution or possession of marijuana is legal unless otherwise authorized and allowed by California and federal law. Nothing in this section shall be applied or construed as authorizing the sale of marijuana. (i) Business license tax certificate - Required. There are imposed upon all persons engaged in transacting and carrying on any Collective /Cooperative business activities in the city taxes in the amounts prescribed in this article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this Chapter and having paid the taxes set forth in this article, and without complying with any and all applicable provisions contained in this Chapter. The carrying on of any Collective /Cooperative without complying with all the provisions of this article shall constitute a separate violation of this Chapter for each and every day that such Collective /Cooperative is so carried on. Q) Classification of business license assessment type — term and renewal. The business license issued to Marijuana Collectives /Cooperatives shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in Section 21 -71 (c) and shall be subject to renewal in accordance with Sections 21- 72(c), 21- 73(c), and 21 -77 of this Chapter. (k) Operative Date. 55394.00000A8912745.1 18 55D -24 Upon the approval by the majority of the voters of the City of Santa Ana at the November 4, 2014 general election, the taxes imposed by this article shall become operative and shall be applied by the collector upon all Marijuana Coll ectives /Cooperatives. Sec. 21 -128. Effect of state and federal reference /authorization. Unless specifically provided otherwise, any reference to a State or Federal statute in this article or Chapter shall mean such statute as it may be amended from time to time, provided that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a State or Federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease. Only to the extent voter approval would otherwise be required or a tax decrease would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent. To the extent that the City's authorization to collect or impose any tax imposed under this article is expanded or limited as a result of changes in State or Federal law, no amendment or modification of this article shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this article. Sec. 21 -129. Violation deemed misdemeanor - penalty. Any person violating any of the provisions of this article or any regulation or rule passed in accordance herewith, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by the maximum penalties provided for in Penal Code section 19.—by a fine Of Rat FnGF., thAR fi -P a`upelFed dGlla -5 OF by iFR ...:.............t r..- Sec. 21 -130. Severability. Should any provision of this article, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this article or Chapter or the application of this article or Chapter to any other person or circumstance and, to that end, the provisions hereof are severable. SECTION 6. Council to Make Future Amendments to Voter Approved Ordinance. This is a City Council sponsored initiative ordinance t6i. t�s.,a,��" which traditionally would only be subiect to amendmented by the Voters of the City of Santa Ana. However, pursuant to Section 9217 cW the California Elections Code the and Gannet be amended by the Santa Ana City Council except as speGifiGally pFevided within the GFdinanee eF in this SeGtlen 6. The City Council reserves the right and 55394.00000 \8922745.1 19 55D -25 authority to amend or repeal the ordinance without any restrictions. at- aay-time afteFa €ederaLlaws ALTERNATIVE SECTION 6 SECTION 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The People of the City of Santa Ana hereby declare that they would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 8. Effective Date. After its adoption by the voters, this ordinance shall be in full force and effect ten (10) days after the vote is declared by the legislative body, pursuant to the provisions of Elections Code sections 9217 and 15400 and as provided by law. SECTION 9. Competing Measures. In the event that this measure and another measure or measures relating to the regulation of medical marijuana in the City of Santa Ana appear on the same ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure shall receive a greater number of affirmative votes required to pass than the other measure or measures, the provisions of this measure shall prevail in their entirely over the competing measure or measures, and the competing measure or measures shall be null and void. 55794.00000 \8923745.1 20 55D -26 Formatted: Font: Italic, Underline EXHIBIT 1 PROPOSED ORDINANCE CLEAN COPY 55D -27 SRC:06/25/15; V1 ORDINANCE NO. NS -2846 AN ORDINANCE OF THE PEOPLE OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 OF THE MUNICIPAL CODE TO DELETE AND REPLACE ARTICLE XIII, TO DELETE SECTION 41 -121, DELETE SUBSECTION (B) OF SECTION 41 -144, AND AMEND ARTICLE XII OF CHAPTER 21 BY ADDING SECTIONS 21 -126, 21 -127, 21- 128, 21 -129 and 21 -130 TO REGULATE THE ESTABLISHMENT, OPERATION AND TAXATION OF MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES WHEREAS, in 1996, the California electorate approved Proposition 215, the Compassionate Use Act of 1996, which allows a patient, with a doctor's recommendation, to use marijuana for medical purposes without the fear of prosecution or arrest; and WHEREAS, in 2003, the California legislature passed Senate Bill 420 (Medical Marijuana Program Act) which amended the Health and Safety Code to permit the establishment of medical marijuana dispensaries for the distribution of marijuana for medical purposes; and WHEREAS, cities where medical marijuana dispensaries have been permitted to operate have experienced significant problems, including burglaries and takeover robberies of dispensaries, robberies of customers leaving dispensaries, an increase in crime (especially thefts and robberies) in the vicinity of dispensaries, illegal re- selling of marijuana obtained from dispensaries, physicians issuing apparently fraudulent recommendations for the use of marijuana, collective staff selling marijuana to customers with obviously counterfeit patient identification cards, street dealers attempting to sell marijuana to collective customers, collective customers using marijuana and then driving under the influence of marijuana, the sale of illegal drugs other than marijuana in the dispensaries, sales of marijuana to minors; and WHEREAS, after studying various alternatives for the regulation of medical marijuana dispensaries, considering testimony from members of the public, and reviewing the legal status of medical marijuana dispensaries under applicable law, the City Council finds that the regulation and operation of medical marijuana dispensaries is necessary to protect the public health, safety, and welfare by mitigating the adverse secondary effects from the operations of medical marijuana dispensaries; and WHEREAS, the City of Santa Ana has a compelling interest in ensuring that marijuana is not distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the 1 55D -28 neighborhoods in which medical marijuana collectives operate, and in providing compassionate access to medical marijuana to its seriously ill residents. NOW, THEREFORE, THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: SECTION 1. The People hereby adopt the recitals and findings set forth above and in the request for Council action -staff report prepared in connection with this ordinance. SECTION 2. Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby deleted in its entirety and replaced with the following: Chapter 18 ARTICLE XIII. MEDICAL MARIJUANA COLLECTIVES /COOPERATIVES 18 -610. Purposes and intent. It is the purpose and intent of this article to regulate the collective distribution of medical marijuana in order to ensure the health, safety and welfare of the residents of the City of Santa Ana. The regulations in this article, in compliance with the Compassionate Use Act, the Medical Marijuana Program Act, and the California Health and Safety Code (collectively referred to as "State Law ") do not interfere with a patient's right to use medical marijuana as authorized under State Law, nor do they criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, as authorized under State Law. Under State Law, only qualified patients, persons with identification cards, and primary caregivers may cultivate medical marijuana collectively. Medical marijuana collectives shall comply with all provisions of the Santa Ana Municipal Code ( "Code "), State Law, the 2008 California Attorney General Guidelines for the Security and Non - Diversion of Marijuana Grown for Medical Use, and all other applicable local and state laws. Nothing in this article purports to permit activities that are otherwise illegal under state or local law. 18 -611. Definitions. (a) "Cultivation" and /or "Cultivate" shall mean the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof. (b) "Medical Marijuana Collective" or "Cooperative" means any facility or location where medical marijuana is made available and /or distributed by or to one or more of the following: a primary caregiver, a qualified patient or a person with an identification card in strict accordance with California Health and Safety Code Section 11362.5 et seq., as sometimes amended. A "medical marijuana collective" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 5501-29 2 of the Health and Safety Code, a residential care facility for persons with chronic life - threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. For purposes of this Municipal Code, "Dispensary" and "Dispensaries" have the same the same meaning as Collective or Cooperative. (c) "Identification Card" shall have the same definition as that contained in Health and Safety Code § 11362.7 et seq., as sometimes amended. (d) "Manager" means any person responsible for the establishment, organization, supervision, or oversight of the operation of a Collective, including but not limited to members who perform the functions of president, vice - president, director, operating officer, financial officer, secretary, or treasurer. Ability to control one or more of the following functions shall be prima facie evidence that such person is a manager: (1) to hire, select, or separate employees or staff, including volunteers; (2) to acquire facilities, furniture, equipment or supplies other than occasional replenishment of stock; (3) to disburse funds of the business other than occasional expenditures for replenishment of stock; or (4) to make, or participate in making, policy decisions relative to the operations of the business. (e) "Marijuana" shall have the same definition as that contained in Health and Safety Code § 11018 as sometimes amended. (f) "Medical Marijuana" shall have the same definition as that contained in Health and Safety Code § 11362.5 et seq., as sometimes amended. (g) "Primary Caregiver" shall have the same definition as that contained in Health and Safety Code § 11362.5 and 11362.7, as sometimes amended. (h) "Qualified Patient" shall have the same definition as that contained in Health and Safety Code § 11362.5 as sometimes amended. 18 -612. Scope of article. The operating standards established in this chapter apply to any site, facility, location, use, cooperative or business currently operating in the City of Santa Ana, or which commences operations after the effective date of this Article, that distributes, dispenses, stores, sells, exchanges, processes, delivers, or gives away, medical marijuana to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code § 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996 ") or any state regulations adopted in furtherance thereof. Any collective in the City of Santa Ana shall operate in conformance with the operating standards set forth in section 18 -613 of this Code to assure that the 3 55D -30 operations of the collective are in compliance with California law and to mitigate the adverse secondary effects from operations of dispensaries. 18 -613. Operating standards. (a) At all times the collective is open, a collective shall provide at least one security guard who is licensed, possesses a valid Department of Consumer Affairs "security guard card ", and has a valid Santa Ana Business License. Security guards shall not possess firearms. (b) The security guard and collective personnel shall monitor the site and the immediate vicinity of the site to assure that patrons immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. (c) Exterior signage shall be limited to one wall sign not to exceed ten square feet in area and may not be externally or internally illuminated. Interior signage or advertising may not be visible from the exterior. (d) No recommendations from a doctor for medical marijuana shall be issued on -site. (e) There shall be no on -site sales of alcohol or tobacco products, and no on- site consumption of food, alcohol, tobacco or marijuana by patrons. (f) Hours of operation shall be limited to: Monday -- Saturday 10 a.m. —and 8 p.m. and Sunday 11a.m. - -7 p.m. (g) The property provides a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the property is not detected outside the property, anywhere on adjacent property or public rights -of -way, or within any other unit located within the same building as the collective. (h) A collective shall only dispense medical marijuana to qualified patients and their caregivers as defined by California Health and Safety Code § 11362.5 (Proposition 215). This shall include possession of an original valid doctor's recommendation, not more than one year old, for medical marijuana use by the patient. (i) A collective shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location: (1) Use of medical marijuana shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical marijuana is a crime and can lead to arrest. (2) That loitering on and around the collective site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site 4 55D -31 and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. (3) Forgery of medical documents is a felony crime. (4) A warning that patrons may be subject to prosecution under federal marijuana laws. (5) That the use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery. Q) A collective shall not provide marijuana to any individual in an amount not consistent with personal medical use. (k) A collective shall not store more than $200.00 in cash reserves overnight on the premises and shall make at least one daily bank drop that includes all cash collected on that business day. (1) No one under 21 years of age shall be permitted to enter establishment, unless such person is a qualified patient and is accompanied by his or her Primary Caregiver, licensed Attending Physician, parent(s) or documented legal guardian. (m) A collective shall provide the name and phone number of an on -site staff person to the Police Department and Community Preservation Division for notification if there are operational problems with the establishment. (n) Each collective operator(s) and employees shall complete a criminal background check. Employees, managers or volunteers may not have been convicted of, or plead guilty /no- contest to a felony or misdemeanor drug charge within the past four years. (o) Marijuana shall not be grown or cultivated at collective sites, except that cuttings of the marijuana plant may be kept or maintained on -site for distribution to qualified patients and primary caregivers as follows: (1) The cuttings shall not be utilized by a collective as a source for the provision of marijuana for consumption on -site, however, upon provision to a qualified patient or primary caregiver, that person may use the cuttings to cultivate marijuana plants off -site for their own use and they may also return marijuana from the resulting mature plant for distribution by the collective. (2) For the purposes of this paragraph, the term "cutting" shall mean a rootless piece cut from a marijuana plant, which is no more than six inches in length, and which can be used to grow another plant in a different location. 5 55D -32 (p) A collective shall comply with applicable provisions of the California Health and Safety Code §§ 11362.5 through 11362.83, inclusive. (q) If food is distributed, the collective shall comply which all relevant state laws and city ordinances pertaining to the preparation, distribution and sale of food. (r) The location, interior and exterior, shall be monitored at all times by web - based closed- circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the location. The recordings shall be maintained for a period of not less than ninety days. The Police Department may request the recordings in connection with an investigation. If the recordings are not voluntarily provided, the Police Department may seek a warrant or court order for the recordings. (s) The location shall have a centrally- monitored fire and burglar alarm system and the building or the portion of the building where the collective is located shall contain a fire -proof safe; (t) No manufacture of concentrated cannabis in violation of California Health and Safety Code section 11379.6 is allowed; (u) No collective shall operate for profit. Cash and in -kind contributions, reimbursements, and reasonable compensation provided by members towards the collective's actual expenses of the growth, cultivation, and provision of medical marijuana shall be allowed provided that they are in strict compliance with State Law. All such cash and in -kind amounts and items shall be fully documented. 18 -614. Reserved. 18 -615. Zones permitted. No collective shall operate within a residential (R -1, R -2, R -3, R -4, RE, CR) zone, Professional (P) zone, Arterial Commercial (C -5) zone, Planned Shopping Center (C -4) zone, Specific Development (SD), Specific Plan (SP) or Agricultural (A -1) zone. A Collective may only operate in an Industrial zone (M -1, M -2) in accordance with this Article. 18 -616. Separation requirements. (a) No collective shall be located within 500 feet of another Medical Marijuana Collective or Cooperative or within 1,000 feet of any: 6 55D -33 (1) School; (2) Park; (3) Residential zone. 18 -617. Permit required. A Conditional Use Permit shall be required for a Medical Marijuana Collective Use and shall be reviewed and processed in accordance with Chapter 41 Division 1 of this Municipal Code. 18- 617.2. Medical marijuana collective — permit application process. Any Medical Marijuana Collective desiring a permit required by this chapter shall, prior to initiating operations, complete and file an application for each location on a form supplied by the Planning and Building Agency, and shall submit with the completed application payment of a nonrefundable processing and notification fee, as established by the City Council. (a) Filing. The Medical Marijuana Collective shall provide the following information: (1) The address of the property where the proposed Medical Marijuana Collective(s) will operate; (2) A site plan describing the property with fully dimensioned interior and exterior floor plans including electrical, mechanical, plumbing, and disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the federally mandated Americans with Disabilities Act; (3) Exterior photographs of the entrance(s), exits(s), street frontage(s), parking, front, rear and side(s) of the proposed property; (4) Photographs depicting the entire interior of the proposed property; (5) If the property is being rented or leased or is being purchased under contract, a copy of such lease or contract; (6) If the property is being rented or leased, written proof that the property owner, and landlord if applicable, were given notice that the property will be used as a Medical Marijuana Collective, and that the property owner, and landlord if applicable, agree(s) to said operations; (7) The name, address, telephone number, title and function(s) of each manager, employee, volunteer, etc.; 7 55D -34 (8) For each manager, employee, volunteer, a fully legible copy of one valid government issued form of photo identification, such as State Driver's License or Identification Card; (9) If the Medical Marijuana Collective is a corporation, a certified copy of the Collective's Secretary of State Articles of Incorporation, Certificate(s) of Amendment, Statement(s) of Information and a copy of the Collective's Bylaws; (10) If the Medical Marijuana Collective is an unincorporated association, a copy of the Articles of Association; (11) The name and address of the applicant's current agent for Service of Process; (12) A copy of the Medical Marijuana Collective Operating Standards, listed in Section 18 -613, containing a statement dated and signed by the responsible party on -site stating under penalty of perjury, that they read, understand and shall ensure compliance with the aforementioned operating standards. 18 -617.3 Application timing and lottery selection. (a) On November 18, 2014, at 8:00 a.m., the Planning and Building Agency will make applications for a permit available at the planning counter in City Hall and online on the City's website. On December 1, 2014, at 8:00 a.m., the Planning and Building Agency will begin collecting applications at the planning counter or other location at City Hall designated at least twenty -four (24) hours in advance by the Executive Director of the Planning and Building Agency. Applications shall be submitted in person during business hours until 5:00 p.m. on December 8, 2014.Multiple submissions from the same applicant at the same location will result in immediate disqualification from the registration process. Applications received within the time period noted above will be placed into a lottery system which will be randomly selected by the Executive Director or his /her designee. (b) The lottery will be conducted in City Council Chambers or a City conference room accessible to the public on December 22, 2014 at 3:00 p.m. Applications will be selected through the lottery system at random by the Executive Director of the Planning and Building Agency or his /her designee. (c) After the lottery, if during review any application is determined to be incomplete, the applicant shall be notified in writing within ten business days of the date the application is determined to be incomplete. (d) The Collective shall have 30 -days from the date of notice set forth in subsection (c) to complete the application. Failure to do so within the time allotted shall render the application null and void. 8 55D -35 (e) If applications are determined to be not complete after 30 days, permitted collectives close, permits are revoked, or other circumstances occur which result in permits becoming available, the Executive Director will give all remaining applicants from the original application pool written notice of no less than five (5) calendar days' at their address on the application of the permit(s). A lottery will then be held to pick additional applicants from the original applicant pool. This procedure will be done until the original applicant pool has been exhausted. Once the original applicant pool is exhausted, a new application submission period will be established by the Executive Director that complies with the procedures set forth in this section and with dates determined by the Executive Director and notice of such will be published to the public in a newspaper of general circulation at least 72 hours before applications are made available. 18.617.4 Maintenance of records. A Medical Marijuana Collective shall maintain records at the location accurately and truthfully documenting: (1) the full name, address, and telephone number(s) of the owner, landlord and /or lessee of the location; (2) the full name, address, and telephone number(s) of all members who are engaged in the management of the collective and the exact nature of each member's participation in the management of the collective; (3) the full name, address, and telephone number(s) of all patient members to whom the collective provides medical marijuana, a copy of a government- issued identification card for all patient members; (4) the full name, address, and telephone number(s) of all primary caregiver members to whom the collective provides medical; (5) all receipts of the collective, including but not limited to all contributions, reimbursements, and reasonable compensation, whether in cash or in kind, and all expenditures incurred by the collective for the cultivation of medical marijuana; and (6) proof of compliance with the California Attorney General Guidelines for the Security and Non - Diversion of Marijuana Grown for Medical Use. These records shall be maintained by the collective for a period of five years and shall be made available by the collective to the Police Department and /or Community Preservation Division upon request. If they are not produced as requested the City may seek a search warrant, subpoena, or court order. In addition to all other formats that the collective may maintain, these records shall be stored by the collective at the location in a printed format in its fire -proof safe. Any loss, damage or destruction of the records shall be reported to the Police Department within 24 hours of the loss, destruction or damage. 18 -617.5 Audits and testing. (a) Annual Audits. No later than February 15 of every year, each collective shall file with the City one copy of an audit of its operations of the previous calendar year, completed and certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The audit shall include but 9 55D -36 not be limited to a discussion, analysis, and verification of each of the records required to be maintained pursuant to this article. (b) Testing of Medical Marijuana. The collective shall use an independent and certified laboratory to analyze a representative sample of dried medical marijuana and a representative sample of edible marijuana for pesticides and any other regulated contaminants pursuant to established local, state, or federal regulatory or statutory standards at levels of sensitivity established for the food and drug supply before providing the medical marijuana to its members. Any medical marijuana from which the representative sample analysis tested positive for a pesticide or other contaminant at a level which exceeds the local, state, or federal regulatory or statutory standard for the food and drug supply shall not be provided to members and shall be destroyed forthwith. Any medical marijuana provided to members shall be properly labeled in strict compliance with state and local laws. (c) Testing Log. The collective shall maintain a written log at the location documenting the date, type, and amount of marijuana tested; the name of the laboratory where the marijuana was tested; the laboratory report containing the results of the testing, including the name and level of the substance detected; and the disposition of the marijuana from which the contaminated sample was obtained, including the amount of marijuana and the date and manner of disposition. 18 -618. Inspection and enforcement responsibilities. The Community Preservation Division may enter and inspect the location of any collective between the hours of 10:00 a.m. and 8:00 p.m., or at any reasonable time, to ensure compliance with this article. In addition, a designated unit within the Police Department may enter and inspect the location of any collective and the recordings and records maintained as required by this article, except that the inspection and copying of private medical records shall be made available to the Police Department only pursuant to a properly executed search warrant, subpoena, or court order. It is unlawful for any owner, landlord, lessee, member (including but not limited to a member engaged in the management), or any other person having any responsibility over the operation of the collective to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records and closed- circuit monitoring authorized and required under this article, including but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring. 18 -619. Applicability to existing medical marijuana operations. Any existing medical marijuana collective, dispensary, operator, establishment, or provider that does not comply with the requirements of this article must immediately cease operation until such time, if any, when it complies fully with the requirements of this article. No medical marijuana collective, dispensary, operator, establishment, or 10 5501-37 provider that existed prior to the enactment of this article shall be deemed to be a legally established use under the provisions of this article, and such medical marijuana collective, dispensary, operator, establishment, or provider shall not be entitled to claim legal nonconforming status. 18 -620. Compliance with this article and state law. (a) It is unlawful for any person to (i) cause, permit or engage in the cultivation, possession, distribution or giving away of marijuana or (ii) own establish, operate, use or permit the establishment or operation of a medical marijuana collective or cooperative, or to participate as an employee, contractor, agent or volunteer of a collective or cooperative, except as provided in this article, and pursuant to any and all other applicable local and state laws. (b) It is unlawful for any person to cause, permit or engage in any activity related to medical marijuana except as provided in Health and Safety Code Sections 11362.5 et seq., and pursuant to any and all other applicable local and state laws. (c) It is unlawful for any person to knowingly make any false, misleading or inaccurate statements or representations in any forms, records, filings or documentation required to be maintained, filed or provided to the City under this article, or to any other local, state or federal government agency having jurisdiction over any of the activities of collectives. (d) It shall be the sole responsibility of the members engaged in the management of the collective to ensure that the collective is at all times operating in a manner compliant with all applicable state laws and this article. Nothing in this article shall be construed as authorizing any actions which violate state law with regard to the cultivation, transportation, provision, and sale of medical marijuana. 18 -621. Violation and enforcement. Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Municipal Code. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, revocation of the collective's registration, revocation of the certificate of occupancy for the location, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the collective and persons related or associated with the collective. SECTION 3. Section 41 -121 of the Santa Ana Municipal Code is hereby deleted in its entirety. 11 5501-38 SECTION 4. Subsection (b) of Section 41 -144 of the Santa Ana Municipal Code is hereby deleted in its entirety. SECTION 5. Chapter 21, Article XII of the Santa Ana Municipal Code, comprised of sections 21 -126, 21 -127, 21 -128, 21 -129 and 21 -130, is hereby added such that it reads as follows: Chapter 21 Sec. 21 -126. Purpose. This article is required for the purpose of fixing the rate of taxation for Marijuana Collectives /Cooperatives and for the purpose of providing a tax levy for the usual and current expenses of the City of Santa Ana. The taxes required to be paid under this article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. Sec. 21 -127. Marijuana collectives /cooperatives — Annual business license tax assessment. (a) Annual business license tax assessment for Marijuana Collectives /Cooperatives: (1) Every Collective /Cooperative whether it is organized or conducted as a "not for profit' business, a "non - profit' business, or a "for- profit business," shall pay an annual business license tax in accordance with Chapter 21 of this Code and the Sections and Subsections hereunder. (2) For the purposes of this article, a Marijuana Collective /Cooperative is defined in section 18 -611 of this Municipal Code and is considered to be a business as that term is defined in Section 21 -3 of this Chapter. (3) For the purposes of this article, a Collective /Cooperative is not considered to be a religious or charitable organization. (4) "Medical Marijuana Collective /Cooperative" or "Collective /Cooperative" shall mean any activity regulated or permitted by Chapter 18 of this Municipal Code. (5) For the purposes of this article, a Marijuana Collective /Cooperative is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in Sections 21 -48 and 21 -49 of this Chapter. (6) For the purposes of this article, a "Nonprofit Organization" shall mean any institution or organization that is exempted from taxes measured by income or gross receipts pursuant to Article XIII, Section 26 of the California 12 55D -39 Constitution as codified under Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code and Section 37101 (c) of the Government Code or Sub - Chapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986. An institution or organization operating as a Collective /Cooperative and claiming a gross receipts assessment business license tax exemption under this section shall have the burden of furnishing to the collector such information as the collector may require to validate the claim of exemption including but not limited to such a determination by the California Franchise Tax Board or any other information requested by the collector. (7) For the purposes of this article, "gross receipts" shall mean any transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for marijuana whatsoever, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount, in any calendar year of cash or in -kind contributions, including all operating costs related to the growth, cultivation or provision of marijuana or any transaction related thereto. "Gross receipts" shall also include without limitation anything else of value obtained by a Collective /Cooperative. The term "gross receipts" shall also include the total amount, in any calendar year, of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, merchandise, for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included. "Gross receipts" shall also include the amount of any federal, manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any California state, city or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale. "Gross receipts" shall be calculated without 13 55D -40 any deduction on account of any of the following: (i) The cost of tangible property sold or bartered; (ii) The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; or (iii) The cost of transportation of the marijuana, or other property or product. (b) Business license tax rates for Marijuana Collectives /Cooperatives. (1) Every Collective /Cooperative, excepting a qualified "Nonprofit Organization ", whether it is organized or conducted as a "not for profit' business, a "non- profit" business, or a "for- profit business," shall pay a separate business license tax at a rate of up to ten percent (10 %) of the gross receipts generated or otherwise received for each branch establishment or separate property location of the business. The gross receipts tax shall be initially set at a rate of five percent (5 %). The maximum tax rate shall not exceed ten percent (10 %) of gross receipts. This tax shall not be adjusted for inflation pursuant to Section 21 -121 of this Chapter. (2) Notwithstanding the maximum tax rate of ten percent (10 %) of gross receipts imposed under subsection (b)(1), the City Council may in its discretion at any time by ordinance implement a lower gross receipts tax rate for all Marijuana Collectives /Cooperatives, as defined in such ordinance, subject to the maximum rate of ten percent (10 %) of gross receipts. The City Council may by ordinance increase any such gross receipts tax rate from time to time, not to exceed the maximum gross receipts tax rate established under subsection (b)(1). (3) As part of the gross receipts tax imposed by this article, each Collective /Cooperative shall pay a minimum basic rate of two thousand dollars annually for each separate branch location or separate property location of the business. (c) Modification, Repeal or Amendment. The City Council may repeal the ordinance codified in this article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The City Council may likewise by ordinance adopt and add additional provisions to any other article of this Chapter and relate them to this article, or amend any existing provisions of any article of this Chapter as they may already relate to this article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the City Council repeals said ordinance or any provision of this article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. 14 55D -41 (d) Administration rules, regulations, and guidelines; interpretation /clarification. In order to aid in the City's collection of taxes due under this article and to ensure that all Marijuana Collectives /Cooperatives are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this Chapter with the provisions of this article in any manner not inconsistent with the intent of this article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the City Attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article. (e) Occasional transactions — Exemptions (1) The provisions of this article shall not apply to persons having no fixed place of business within the City of Santa Ana who come into the city for the purpose of transacting a specific item of marijuana business at the request of a specific patient, client or customer, provided that such person does not come into the city for the purpose of transacting business on more than five days during any calendar year. (2) For any person not having a fixed place of business within the City of Santa Ana who comes into the city for the purpose of transacting Collective /Cooperative activities, the business tax payable by such person may be apportioned by the collector in accordance with this Chapter. (f) Reporting and Remittance Beginning as set forth in subsection (k) below, and monthly thereafter, each Marijuana Collectives /Cooperatives (except qualified Nonprofit Organizations exempt from taxes measured by income or gross receipts) required to pay a tax based on gross receipts under this article, shall report to the city any gross receipts received during the preceding monthly reporting period and shall likewise remit to the city the taxes due and owing during said period. For purposes of this section, month shall mean calendar month, and taxes shall begin to accrue on the date that a person or entity first receives a business license or other permit to operate as a Collective /Cooperative. The payment of the two thousand dollars minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance subsection (b)(3), shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the thirty -first day of March of the following year. In the case of a new Collective /Cooperative the minimum basic rate gross receipts tax shall be paid in advance prior to any new ti 55D -42 business activity being undertaken. Every new licensee shall pay in advance an amount equal to one - quarter ( %) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (g) Delinquent date - Penalty. Any individual or entity who fails to pay the taxes required by this article when due shall be subject to penalties and interest as set forth in accordance with this Chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Chapter and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Chapter. (h) Payment of tax does not authorize unlawful business. (1) The payment of a business tax required by this article, and its acceptance by the City, shall not entitle any person to carry on any Collective /Cooperative unless the person has complied with all of the requirements of this code and all other applicable laws, nor to carry on any Collective /Cooperative in any building or on any premises in the event that such building or premises are situated in a zone or locality in which the conduct of such Collective /Cooperative is in violation of any law. (2) No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any legal business in an illegal manner, or any business in violation of any ordinance of the city. Nothing in this article implies or authorizes that any activity connected with the distribution or possession of marijuana is legal unless otherwise authorized and allowed by California and federal law. Nothing in this section shall be applied or construed as authorizing the sale of marijuana. (i) Business license tax certificate - Required. There are imposed upon all persons engaged in transacting and carrying on any Collective /Cooperative business activity in the city taxes in the amounts prescribed in this article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this Chapter and having paid the taxes set forth in this article, and without complying with any and all applicable provisions contained in this Chapter. The carrying on of any Collective /Cooperative without complying with all the provisions of this article shall constitute a separate violation of this Chapter for each and every day that such Collective /Cooperative is so carried on. Q) Classification of business license assessment type — term and renewal. The business license issued to Marijuana Collectives /Cooperatives shall be 16 55D -43 classed as a gross receipts assessment type, issued for the same term of license as set forth in Section 21 -71 (c) and shall be subject to renewal in accordance with Sections 21- 72(c), 21- 73(c), and 21 -77 of this Chapter. (k) Operative Date. Upon the approval by the majority of the voters of the City of Santa Ana at the November 4, 2014 general election, the taxes imposed by this article shall become operative and shall be applied by the collector upon all Marijuana Col lectives /Cooperatives. Sec. 21 -128. Effect of state and federal reference /authorization. Unless specifically provided otherwise, any reference to a State or Federal statute in this article or Chapter shall mean such statute as it may be amended from time to time, provided that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a State or Federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease. Only to the extent voter approval would otherwise be required or a tax decrease would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent. To the extent that the City's authorization to collect or impose any tax imposed under this article is expanded or limited as a result of changes in State or Federal law, no amendment or modification of this article shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this article. Sec. 21 -129. Violation deemed misdemeanor - penalty. Any person violating any of the provisions of this article or any regulation or rule passed in accordance herewith, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by the maximum penalties provided for in Penal Code section 19. Sec. 21 -130. Severability. Should any provision of this article, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this article or Chapter or the application of this article or Chapter to any other person or circumstance and, to that end, the provisions hereof are severable. 17 55D -44 SECTION 6. Council to Make Future Amendments to Voter Approved Ordinance. This is a City Council sponsored initiative ordinance which traditionally would only be subject to amendment by the Voters of the City of Santa Ana. However, pursuant to Section 9217 of the California Elections Code the City Council reserves the right and authority to amend or repeal the ordinance without any restrictions. SECTION 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The People of the City of Santa Ana hereby declare that they would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 8. Effective Date. After its adoption by the voters, this ordinance shall be in full force and effect ten (10) days after the vote is declared by the legislative body, pursuant to the provisions of Elections Code sections 9217 and 15400 and as provided by law. SECTION 9. Competing Measures. In the event that this measure and another measure or measures relating to the regulation of medical marijuana in the City of Santa Ana appear on the same ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure shall receive a greater number of affirmative votes required to pass than the other measure or measures, the provisions of this measure shall prevail in their entirely over the competing measure or measures, and the competing measure or measures shall be null and void. 18 55D -45 ATTACHMENT 1 RESOLUTION GIVING NOTICE OF THE CITY'S GENERAL MUNICIPAL ELECTION AND REQUESTING CONSOLIDATION WITH COUNTY OF ORANGE 55D -46 RESOLUTION NO. 2014 -XXX 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 THE ESTABLISHMENT, OPERATION AND TAXATION OF MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATE'S GENERAL ELECTION 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. A general election of the City of Santa Ana will be held on November 4, 2014, for the purpose of voting on a ballot measures relating to establishment, operation, and taxation of medical marijuana collectives and cooperatives. B. There will be a statewide general election held on November 4, 2014. C. It is desirable that said general election of the City of Santa Ana be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts, polling places and election officers be the same, and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. Section 2. That pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order the consolidation of the November 4, 2014 general election of the City of Santa Ana for the purpose of voting on a ballot measure relating to establishment, operation, and taxation of medical marijuana collectives and cooperatives with the statewide general election to be held on the same date. Section 3. The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said general municipal election pursuant to Section 10411 of the Elections Code of the State of California. The election will be held and conducted in accordance with the provisions of law regulating the statewide election. Resolution No. 2014 -XXX 55D -47 Page 1 of 2 Section 4. The City of Santa Ana recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 5. The Clerk of the Council is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Orange and a certified copy of this resolution with the Registrar of Voters of the County of Orange. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: 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 that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2014 -XXX Page 2 of 2 55D -48 Maria D. Huizar, Clerk of the Council ATTACHMENT 2 RESOLUTION CONTAINING BALLOT QUESTION 55D -49 RESOLUTION NO. 2014 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR THE PLACEMENT OF A 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 REGULATE THE ESTABLISHMENT, OPERATION AND TAXATION OF MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES; AND DIRECTING THE CITY ATTORNEY TO DRAFT AN IMPARTIAL ANALYSIS WHEREAS, in 1996, the California electorate approved Proposition 215, the Compassionate Use Act of 1996, which allows a patient, with a doctor's recommendation, to use marijuana for medical purposes without the fear of prosecution or arrest; and WHEREAS, in 2003, the California legislature passed SB 420 (Medical Marijuana Program Act), which amended the Health and Safety Code to permit the establishment of medical marijuana dispensaries for the distribution of marijuana for medical purposes; and WHEREAS, cities where medical marijuana dispensaries have been permitted to operate have experienced significant problems, including burglaries and takeover robberies of dispensaries, robberies of customers leaving dispensaries, an increase in crime (especially thefts and robberies) in the vicinity of dispensaries, illegal re- selling of marijuana obtained from dispensaries, physicians issuing apparently fraudulent recommendations for the use of marijuana, collective staff selling marijuana to customers with obviously counterfeit patient identification cards, street dealers attempting to sell marijuana to collective customers, collective customers using marijuana and then driving under the influence of marijuana, the sale of illegal drugs other than marijuana in the dispensaries, sales of marijuana to minors; and WHEREAS, after studying various alternatives for the regulation of medical marijuana dispensaries, considering testimony from members of the public, and reviewing the legal status of medical marijuana dispensaries under applicable law, the City Council finds that the regulation and operation of medical marijuana dispensaries is necessary to protect the public health, safety, and welfare by mitigating the adverse secondary effects from the operations of medical marijuana dispensaries; and WHEREAS, the City of Santa Ana has a compelling interest in ensuring that marijuana is not distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the 55D -50 Resolution No. 2014 -XXX Page 1 of 3 neighborhoods in which medical marijuana collectives operate, and in providing compassionate access to medical marijuana to its seriously ill residents. NOW, THEREFORE, the City Council of the City of Santa Ana hereby finds, determines and declares as follows that: Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference. Section 2. Submission of Ordinance. Pursuant to the requirements of laws of the State of California, the City Council hereby orders the following proposed ordinance to be submitted to the voters of the City of Santa Ana at the general municipal election to be held on November 4, 2014: "Shall the City of Santa Ana amend the Municipal Code to limit YES the establishment of medical marijuana collectives/ cooperatives in the City to only industrial zones, enforce strict operating protocols, and impose a tax and regulatory fee upon NO medical marijuana collectives /cooperatives as provided for in Ordinance No. NS- 2864 ?" Section 3. Text of Ordinance. The full text of the proposed ordinance to be submitted to the voters is attached as Exhibit 1 (the "Ordinance ") hereto and shall be made available to the public upon request. If a simple majority of the qualified voters voting on the Measure vote in favor therefore, the Measure shall be deemed adopted upon the City Council's declaration of the results of the election and effective 10 days thereafter. Section 4. Conduct of Election. The Clerk of the Council is authorized, instructed and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 5. Notice of Election. Notice of time and place of holding the election is hereby given, and the Clerk of the Council is authorized, instructed and directed to five further or additional notice of the election, in time, form and manner as required by law. Section 6. Impartial Analysis. Pursuant to Elections Code section 9280, the City Council hereby directs the Clerk of the Council to transmit a copy of the ordinance to the City Attorney. The City Attorney shall prepare an impartial analysis of the ordinance, not to exceed 500 words in length, showing the effect of the ordinance on Resolution f 2No.2014 -XXX Page 2t 55D -51 the existing law and the operation of the ordinance, and transmit such impartial analysis to the Clerk of the Council within ten (10) days following the adoption of this Resolution. Section 7. Certification. 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 R. Carvalho, City Attorney in Jose Sandoval, Chief Assistant City Attorney AYES: NOES: Councilmembers: Councilmembers: ABSTAIN: Councilmem 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 Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Maria D. Huizar, Clerk of the Council 55D -52 Resolution No. 2014 -XXX Page 3 of 3 ATTACHMENT 3 RESOLUTION AUTHORIZING SUBMITTAL OF WRITTEN ARGUMENTS FOR OR AGAINST THE CITY MEASURE 55D -53 RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED ORDINANCE TO REGULATE THE ESTABLISHMENT, OPERATION AND TAXATION OF MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES TO BE PLACED ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 WHEREAS, California Elections Code Section 9282 authorizes the filing of written arguments for or against a voter initiative petition, and Elections Code Section 9287 establishes priorities for filing written arguments in favor of and against initiatives; and WHEREAS, on July 1, 2014, the City Council adopted Resolution No. 2014 - authorizing the calling and placement on the ballot a proposed ordinance to regulate the establishment, operation, and taxation of medical marijuana collectives and cooperatives to be submitted to the electors at the November 4, 2014 general municipal election; and WHEREAS, the City Council desires to authorize the filing of written arguments for and /or against the adoption of the following ballot question by the Mayor and /or other members of the City Council in accordance with Elections Code section 9282(b): "Shall the City of Santa Ana amend the Municipal Code to limit the YES establishment of medical marijuana collectives/ cooperatives in the City to only industrial zones, enforce strict operating protocols, and impose a tax and regulatory fee upon medical marijuana NO collectives /cooperatives as provided for in Ordinance No. NS- 2864 ?" NOW, THEREFORE, the City Council of the City of Santa Ana hereby finds, determines and declares as follows that: Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference. Section 2. Authorization to Submit Arguments. Section 9282(b) of the Elections Code of the State of California provides that in a local election, the legislative body may authorize any member(s) of the City Council to write arguments for or against Resolution No, 2014 -XXX Page 1 of 3 55D -54 any measure placed on the ballot by the City Council. The City Council hereby authorizes the Mayor and /or City Council members to prepare and file written arguments in favor of or against the proposed ordinance described above. Section 3. Authors. That, in accordance with Section 9283 of the Elections Code, the printed names and signatures of not more than five authors shall appear with any argument submitted in accordance with this resolution. Section 4. Argument not exceed 300 words. That, in accordance with Section 9282(c) of the Elections Code, any written argument in favor of or against the proposed ordinance described above shall not exceed 300 words. Section 5. City Council Preference and Priority. The City Council hereby authorizes and directs the Clerk of the Council to give preference and priority to any written argument for or against the initiative set forth above that includes a member or members of the City Council (up to five members), and then to other arguments as set forth in California Elections Code section 9287. Section 6. Deadline for Arguments. In accordance with California Elections Code section 9286(b), the deadline for filing with the Clerk of the Council (and changing or withdrawing) arguments for or against the proposed ordinance described above shall be not later than 5:00 p.m. on July 15, 2014. Section 7. Certification. 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. APPROVED AS TO FORM: In Jose Sandoval, Chief Assistant City Attorney Resolution No. 2014 -XXX Page 2 of 3 55D -55 Miguel A. Pulido Mayor 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 Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55D -56 Maria D. Huizar, Clerk of the Council Resolution No. 2014 -XXX Page 3 of 3 ATTACHMENT 4 GUIDELINES FOR PREPARATION OF ARGUMENTS FOR OR AGAINST THE PROPOSED CITY MEASURE 55D -57 i §� Y City of S: • • • • ,3 �Z [Iv ttn$ NOTICE OF ELECTION 2014 General Municipal Election November 4, 2014 CITY MEASURE TO BE VOTED ON CITY OF SANTA ANA, CALIFORNIA NOTICE IS HEREBY GIVEN that the following proposed ordinance will be voted on at the General Municipal Election to be held in the City of Santa Ana, California on Tuesday, the fourth (4th) day of November 2014: "Shall the City of Santa Ana amend the Municipal Code to limit the YES establishment of medical marijuana collectives/ cooperatives in the City to only industrial zones, enforce strict operating protocols, and NO impose a tax and regulatory fee upon medical marijuana collectives /cooperatives as provided for in Ordinance No. NS- 2864 ?" TIME LIMIT TO SUBMIT BALLOT ARGUMENTS (California Elections Code §9280 -9287) PLEASE TAKE NOTICE that Arguments with respect to the following ballot measure will be received according to the following procedures: The City Council or any member(s) of the Council authorized by the City Council, or bona fide association of citizens, or any individual voter who is eligible to vote on the Measure, or any combination of voters and associations, may file a written argument for or against the measure on the ballot. No argument shall exceed 300 words in length. A ballot argument shall not be accepted unless accompanied by the name(s) of the person(s) submitting it, or, if submitted on behalf of an organization, the name of the organization and the name of at least one of its principal officers. No more than five authors may sign any argument. If an argument is signed by more than five individuals, the names of only the first five persons signing, determined by the 55D -58 order in which their signatures appear, shall be printed on the argument appearing in the Voter Information Pamphlet. 4. The Clerk of the Council shall cause an argument for and an argument against the measure, if submitted, to be printed and shall transmit the arguments to the qualified electors in addition to any necessary ballot materials. Arguments for and against the measure shall be submitted to the Office of the Clerk of the Council, 20 Civic Center Plaza, Santa Ana, California 92701, not later than 14 days after City Council calls for the Election. 5. Arguments may be changed or withdrawn by their authors by specified date. 6. Printed arguments submitted to the voters shall be titled either "Argument In Favor of Measure_" or "Argument Against Measure_ ", accordingly. The blank space will be assigned a number or letter by the Orange County Registrar of Voters. Words used in the title shall not be counted when determining the length of the argument. 7. If more than one argument for or more than one argument against the ballot measure is submitted to the Clerk of the Council within the time prescribed above, the Clerk of the Council shall select one of the arguments for printing and distribution to voters. In such selection, preference and priority shall be given as follows: 1) member(s), of the legislative body authorized by that body, 2) bona fide associations of citizens, and, 3) individual voters who are eligible to vote on the measure. If more than one argument for a measure is received from individuals or groups with the same preference and priority, the first argument submitted to the Clerk of the Council will be selected if no other arguments from an individual or group with a higher priority are received. 8. At the time of filing an argument, a certificate is also required that states that the facts contained in the argument are true and correct. The certificate must be signed by each author of the argument. (A certificate form is available from the Clerk of the Council) 9. Copies of arguments for and against the measure shall be open for public examination at the Clerk of the Council Office, 20 Civic Center Plaza, Santa Ana, California, 92701 during normal business hours (Monday through Thursday and alternate Fridays, 8:00 A.M. to 5:00 P.M.) during the Public Review Period. Any individual may obtain a copy of such materials for use outside of said office. A fee, not to exceed the actual costs incurred in providing such copies, will be charged at the time of provision of such copies. 10. Questions concerning this notice shall be directed to the Clerk of the Council, City of Santa Ana, telephone number (714) 647 -6520. 11. Copies of the text of the Measure to be submitted to the voters of the City of Santa Ana may be obtained from the Clerk of the Council, telephone number (714) 647 -6520. 55D -59 WORD COUNT STANDARDS (Elections Code §9) §9.(a) Counting of words, for purposes of the Elections Code, shall be as follows: (1) Punctuation is not counted. (2) Each word shall be counted as one word except as specified in the Elections Code section. (3) All geographical names shall be considered as one word; for example, "City and County of San Francisco' shall be counted as one word. (4) Each abbreviation for a word, phrase, or expression shall be counted as one word. (5) Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word. (6) Dates consisting of a combination of words and digits shall be counted as two words. Dates consisting only of a combination of digits shall be counted as one word. All Digits (8/08/07) one word Words and digits (August 8, 2007) two words (7) Any number consisting of a digit or digits shall be considered as one word. Any number which is spelled, such as "one," shall be considered as a separate word or words. "One" shall be counted as one word whereas 'one hundred" shall be counted as two words. "100" shall be counted as one word. (8) Telephone numbers shall be counted as one word. (9) Internet web site addresses shall be counted as one word. If the text exceeds the word limit, the author must delete or change a sufficient number of words, or a sentence, to put the statement within the required word limit before the statement is filed. The author should correct any misspellings before the statement is filed. 55D -60 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: PUBLIC HEARING — RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS CITY WAGER a RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution affirming the Fiscal Year 2013 -2014 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected Dangerous and Abandoned Building charge to the office of Auditor - Controller, County of Orange. The City's Dangerous and Abandoned Building Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and that harbor illegal activity. The abatements are accomplished by board -ups and /or demolition. Property owners are given 2 to 30 days depending on the severity of the hazardous conditions to abate the situation or the City, through its contractors, will perform the work. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous and abandoned properties. This year the outstanding charge for work performed on six parcels is $12,598.21 (Exhibit 1). The property owner names are provided in Exhibit 2. The most effective method of collection is to submit these charges to the office of the County Auditor /Controller in order that they may be placed as a lien on the property tax rolls. Charges must be submitted to the County by their deadline of August 10, 2014. FISCAL IMPACT The recovered charge will result in an estimated $12,598.21 in the Special Repair and Demolition Fund account (no. 12115002-53507). Karen Haluza Interim Executive Director Planning & Building Agency SV:rb rb\reports \FY13.14 Cost Recovery Exhibit: 1. Parcel Assessment Amounts 2. Property Owner Listing APPROVED AS TO FUNDS AND ACCOUNTS: �n��za9.� &bm�ti Francisco Gutierrez Executive Director Finance & Management Services Agency 75A -1 75A -2 (ROH 07/01/14) RESOLUTION NO. 2014 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 17 -40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Agency has submitted an itemized report, a copy of which is on file with the Clerk of the Council, showing the costs of securing and demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Planning and Building Agency has given notice as required by law, in which the 1S` day of July, 2014, at the hour of 5:45 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution. Resolution No. 2014 -xxx Page 1 of 5 75A -3 Section 3. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2014. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and /or fees which are to be placed on the fiscal year 2014 -2015 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this 1 st day of Jam, 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney IN Ryan 0. Hodge Assistant City Attorney Miguel A. Pulido Mayor 75A -4 Resolution No. 2014 -xxx Page 2 of 5 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 July 1, 2014. Date: Clerk of the Council City of Santa Ana 75A -5 Resolution No. 2014 -xxx Page 3 of 5 AC621-05A — Form B2 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax CC =2 Date July 1, 2014 PARCEL NUMBER 6 -15 ASSESSMENT AMOUNT 16 -23 398 - 193 -10 $2,896.58 011- 132 -05 3,142.63 405 - 261 -05 2,842.00 015 - 221 -21 2,415.00 108- 332 -05 497.00 398 - 591 -02 805.00 TOTAL $12,598.21 DOC. NO.= AC62FORM REV:5 /92 EXHIBIT 1 Resolution No. 2014 -xxx 75A-6 Page 4 of 5 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Michael M. Tribby $2,896.58 903 E. Stafford St. AP #398 - 193 -10 5461 Kester Ave. #113 Sherman Oak, CA 91411 U.S. Bank, N.A. $3,142.63 805 E. Chestnut Ave. AP #011 - 132 -05 4801 Frederica St. Owensboro, KY 42301 PAX America Development, LLC $2,842.00 928 N. Baker St. AP #405 - 261 -05 PO Box 2682 La Habra, CA 90632 Burnis R. Carter and Jessie Carter $2,415.00 1105 Carlton PI. AP #015 - 221 -21 1105 W. Carlton Santa Ana, CA 92707 Colfin Al -CA 4, LLC $497.00 1205 S. Austin St. AP #108- 332 -05 PO Box 70 San Luis Rey CA 92608 Farzad Shaygan, DDS and Fariba $805.00 318 W. Fourth St. AP# 398 - 591 -02 Shaygan, Shaygan Family Trust 3 Island Vista Newport Coast CA 92657 EXHIBIT 2 Resolution No. 2014 -xxx 75A-7 Page 5 of 5 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Jose and Guadalupe Garcia $100.00 1522 S. Main AP #013 - 184 -10 1508 S. Main Santa Ana, CA 92701 Rosalva Garcia $100.00 121 E. Washington AP #398 - 132 -06 25795 Dillon Rd. Laguna Hills CA 92653 Roma Bridge, LLC $200.00 1601 -1605 W. 1st St. AP #007 - 202 -22 Kam Yuen Chan, Agent 189 Buckskin Way Orange CA 92869 1665 E. 41n St., LLC $800.00 1665 E. 4t" St. AP #398 - 402 -03 Tom Wu, Agent 1169 Warner Tustin, CA 92780 Farzad Shaygan $200.00 318 W. 4t" St. AP #398 - 591 -03 3 W. Island Newport Coast CA 92657 ROHRS Investment Co. $100.00 1227 E. 17" St. AP #399 - 085 -19 50 E.Tice, A16 Woodcliff Lake, NH 07677 1615 N. Broadway George Caro $3,000.00 AP #005 - 152 -02 1615 N. Broadway Santa Ana, CA 92706 Michael and Jeanette Freedman $100.00 1600 N. Grand AP #398 - 071 -16 P.O. Box 50786 Irvine, CA 92619 Martha Cadena $100.00 1321 S. Main AP #014 - 021 -29 1321 S. Main Santa Ana, CA 92707 Ebrahim Duel, Trustee $100.00 214 W. 4t" St. AP #398 - 264 -16 3211 E. Mandeville Pl. Orange, CA 92861 David Cordova $300.00 1219 E. 3rd St. AP #398 - 385 -06 1211 E. 3rd St. Santa Ana. CA 92701 EXHIBIT 2 1 of 9 Resolution No. 2014 -xxx 75A -8 Page 10 of 18 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNEWADDRESS ASSESSMENT 845 Building, LLC $1800.00 Michael F. Harrah, Agent 843 -845 N. Broadway AP #005 - 184 -03 1103 N. Broadway Santa Ana, CA 92701 2208 Main Street, LLC $200.00 2208 N. Main AP #399 - 101 -06 Michael F. Harrah, Agent 1103 N. Broadway Santa Ana, CA 92701 Joe Ledesma $100.00 306 S. Center AP #007 - 340 -01 P.O. Box 9611 Fountain Vallev, CA 92728 Joe Ledesma $700.00 2138 S. Lyon AP #014 - 262 -36 P.O. Box 9611 Fountain Vallev. CA 92728 Harvey and Kazuko Kagasoff $100.00 3701 W. 1st St. AP #198 - 181 -24 17065 Edgewater Ln. Huntington Beach, CA 92649 Molly Doughty Minery Trust $100.00 917 W. 17th St. AP #399 - 052 -09 917 W. 17 St. Santa Ana, CA 92706 Ruth N. Hull Richter, Trustee $100.00 2605 N. Linwood AP #396- 253 -07 25741 Chrisianta Mission Viejo CA 92691 Edward Elizalde $300.00 1010 W. McFadden AP #013 - 062 -02 723 S. Hesperian Santa Ana, CA 92707 Nga Huynh $200.00 1811 N. Baker AP #399 - 072 -26 2221 W. 2nd Arcadia, CA 91006 Richard McHugh $600.00 1016 W. Bishop AP #010- 170 -15 177 Riverside Dr. Newport Beach, CA 92663 Richard McHugh $100.00 411 E. Chestnut AP #404 - 085 -07 177 Riverside Dr. Newport Beach, CA 92663 AP #396- 072 -17 2126 N. Eastside Rodolfo Garduno 13092 Cortina Tustin, CA 92782 EXHIBIT 2 2of9 75A -9 $1 Resolution No. 2014 -xxx Page 11 of 18 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNERIADDRESS ASSESSMENT $100.00 609 S. Mohawk Zosimo Pascual $400.00 2202 S. Flower AP #015 - 174 -35 3337 S. Bristol, #236 3418 Cardoza Santa Ana, CA 92704 San Jose, CA 95132 South Coast Terrace HOA $100.00 1001 W. Stevens AP #410 - 301 -22 16470 Bake Parkway Richard E. Streza, Eq., Agent 510 E. 5 St. Irvine, CA 92618 40 Pacifica, Ste 1500 Sophia Guedea $600.00 1402 S. Sycamore AP #013 - 174 -13 2305 W. Adams David Yager $100.00 634 E. Central Santa Ana, CA 92704 8306 Wilshire, #111 Sophia Guedea $700.00 1406 S. Sycamore AP #013 - 174 -14 2305 W. Adams Nick T. and Rose Marie Castillo $100.00 833 N. Parton Santa Ana, CA 92704 5909 San Remonay 1,200.00 1434 S. Sycamore AP #013 - 174 -21 2305 W. Adams Santa Ana, CA 92704 Federal National Mortgage Assn. $100.00 1719 W. Marcella AP #101 - 052 -15 14221 Dallas Parkway, #1000 Dallas, TX 75254 Assn. $100.00 911 W. Chestnut AP #008 - 212 -52 2900 Esperanza Crossing Austin, TX 78758 Carlos Jaramillo $100.00 120 E. Chestnut AP #404 - 041 -04 E. P.O. Box 2172 Pasadena, CA 90112 EXHIBIT 2 3of9 Resolution No. 2014 -xxx 75A -1 0 Page 12 of 18 Hoang Huy Tong $100.00 609 S. Mohawk AP #109- 831 -03 Victoria Pham 3418 Cardoza San Jose, CA 95132 Gon -Rey, LP $100.00 m AP #398 - 330 -03 Richard E. Streza, Eq., Agent 510 E. 5 St. 40 Pacifica, Ste 1500 Irvine, CA 92618 David Yager $100.00 634 E. Central AP #016- 135 -40 8306 Wilshire, #111 Beverly Hills CA 90211 Nick T. and Rose Marie Castillo $100.00 833 N. Parton AP #005 - 143 -06 5909 San Remonay Yorba Linda, CA 92887 EXHIBIT 2 3of9 Resolution No. 2014 -xxx 75A -1 0 Page 12 of 18 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Nick T. and Rose Marie Castillo $300.00 223 S. Orange AP #404 - 093 -07 5909 San Remonay Yorba Linda, CA 92887 Adam Abdallah $100.00 1605 S. Garnsey AP #013 - 241 -08 20116 Chianti Court Yorba Linda, CA 92886 Remberto and Rolando Mendez $100.00 702 E. 5t" St. AP #398 - 337 -01 22682 E. Barlovento Mission Viejo, Ca 92692 Hien Van Tran $100.00 Binh Vu Tran 3001 W. Cubbon AP #109 - 742 -06 9701 Madison Circle Garden Grove, CA 92844 Guadalupe Gomez $100.00 1823 W. 20t" St. AP #001 - 041 -08 1818 W. 21St St. Santa Ana, CA 92706 Daniel Brimlow $100.00 315 E. 16t" St. AP #398 - 123 -07 1820 NW Carty Rd. Ridgefield, WA 98642 Jessica Ban $400.00 709 E. 2 "d St. AP #398 -482 -18 2145 S. Orange Costa Mesa, CA 92627 Ilene Mai $100.00 2201 N. Bristol AP #001 - 111 -08 James Nguyen P.O. Box 6892 Santa Ana, CA 92706 Gilbert Arreguin $100.00 1916 W. 2 "d St. AP #007 - 162 -03 1209 Euclid Anaheim, CA 92802 The Don Trust $100.00 3517 W. Pine AP #144 - 321 -47 Hop and Dat Nguyen, Trustees 15561 Ashley Circle Westminster, CA 92683 The Dathy Trust $200.00 721 E. Pine AP #404 - 071 -15 Dat and Thy Nguyen, Trustees 15561 Ashley Circle Westminster, CA 92683 EXHIBIT 2 4 of 9 Resolution No. 2014 -xxx 75A -1 1 Page 13 of 18 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT The Dathy Trust $400.00 2718 W. McFadden AP #407 - 031 -02 Thy H. Nguyen, Trustees 15561 Ashley Circle Westminster, CA 92683 Tiffany Nguyen $1,700.00 606 S. Shelton AP #010- 284 -15 9246 Honeysuckle Fountain Valley, CA 92708 Joseph Lopez #100.00 2221 W. Adams AP #412 - 254 -05 P.O. Box 70558 Riverside. CA 92513 Abraham Agopian $100.00 1017 N. Spurgeon AP #398 - 027 -09 929 Coronado Dr. Costa Mesa, CA 92626 Janice and Steve McKenzie $100.00 2214 S. Parton AP #015 - 101 -04 2319 Riverside Santa Ana, CA 92707 Donald and Lynn Osen $600.00 1330 N. French AP #398 - 134 -18 1517 E. Lombardy Pasadena, CA 91106 Donald and Lynn Osen $600.00 327 E. Washington AP #398 - 134 -15 1517 E. Lombardy Pasadena, CA 91106 Rosa Lopez $800.00 1101 S. Shelley AP #109 - 443 -18 24761 Calle Tres Lomas Lake Forest, CA 92630 Reviriano Flores $800.00 4618 W. Melric AP #108 - 114 -52 Maria Isabel Leal 1437 S. Parton Santa Ana, CA 92707 Simona Alvarez $1,300.00 609 S. Shelton AP #010 - 170 -02 7524 S. Racine Paramount. CA 90723 Simona Alvarez $800.00 615 S. Shelton AP #010 - 170 -03 7524 S. Racine Paramount, CA 90723 Vicente and Guillermina Gonzalez $100.00 1202 S. Shelton AP #013 -024 -11 1222 S. Nakoma Santa Ana, CA 92704 EXHIBIT 2 5 of 9 Resolution No. 2014 -xxx 75A -12 Page 14 of 18 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT John Toman Properties, LLC $100.00 902 S. Birch AP #010 - 231 -09 21313 S. 167" St. Monroe, WA 98272 Manuchehr Khoshbin $100.00 407 E. Bishop AP #404 - 053 -11 6 Sunset Harbor CA 92667 Mike Mitchell 1517 N. King AP #004 - 020 -02 1001 Freeman Santa Ana, CA 92706 Michael Tribby $300.00 903 E. Stafford AP #398 - 193 -10 5461 Kester Ave., #113 Sherman Oaks, CA 91411 Francisco 624 E. 3rd St, AP #398 - 482 -09 12690 E. Stanton Takai, LLC $100.00 818 E. Pine AP #011 - 132 -02 Ta -Shong Lin, Agent E P.O. Box 18530 Irvine. CA 92622 EXHIBIT 2 6 of 9 Resolution No. 2014 -xxx 75A -13 Page 15 of 18 Tustin, CA 92785 Terry Espinoza $100.00 2425 N. Hathaway AP #396- 113 -09 Louise Haro 363 N. Hardwood Orange, CA 92866 Grantlyn Adelaars $300.00 533 E. Washington AP #398 - 151 -13 533 E. Washington, #8 Santa Ana, CA 92701 Pouya Alimagham $100.00 802 E. Berkeley AP #014- 213 -11 P.O. Box 7877 Newport Beach, CA 92358 Gladis Avalos $1,800.00 1311 -1315 S. Main AP #014- 021 -28 822 Productions PI. Newport Beach, CA 92663 Hung Duong $100.00 624 S. Sycamore AP #010 - 153 -14 12451 S. Pleasant Garden Grove, CA 92841 Moises and Aureliana Guillen $100.00 619 E. 3rd St. AP #398 - 481 -19 2326 E. Mark Santa Ana. CA 92703 Takai, LLC $100.00 818 E. Pine AP #011 - 132 -02 Ta -Shong Lin, Agent E P.O. Box 18530 Irvine. CA 92622 EXHIBIT 2 6 of 9 Resolution No. 2014 -xxx 75A -13 Page 15 of 18 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT 1502 N. Artesia Moses Zuniga $100.00 1134 S. Golden West AP #109 - 092 -43 1338 N. Ferndale Santa Ana, CA 92706 Anaheim, CA 92801 Korpi Trust Ruben and Esthela Lopez $100.00 336 E. Pine AP #404 - 094 -11 2112 Vallejo Dr. Tustin, CA 92782 6 W. Sable Sands Minh Tran $100.00 302 N. Bewley AP #198 - 181 -10 11353 Pennell Circle Korpi Trust Fountain Valley CA 92708 Chuc B. Dang $100.00 916 S. Dennis AP #108 - 254 -01 15444 Brookhurst Westminster, CA 92683 David and Anna Texeira $100.00 2717 N. Linwood AP #390 -181 -1 11262 Weatherby Rd. Santa Ana. CA 92705 EXHIBIT 2 7of9 Resolution No. 2014 -xxx 75A -14 Page 16 of 18 Lester and Barbara Johnson $100.00 1502 N. Artesia AP #004 - 043 -24 1234 W. Marion Santa Ana, CA 92706 Korpi Trust $100.00 402 E. Pine AP #404- 085 -05 Parisa Roshanzamir 6 W. Sable Sands Newport Beach CA 92157 Korpi Trust $500.00 1012 W. 3rd St. AP #405 - 163 -17 Parisa Roshanzamir 6 W. Sable Sands Newport Beach CA 92157 Korpi Trust $500.00 1008 W. 3m St. AP #405 - 163 -18 Parisa Roshanzamir 6 W. Sable Sands Newport Beach CA 92157 Bay Nguyen $100.00 328 E. Pine AP #404 - 094 -13 309 S. Vicki Ln. Anaheim, CA 92804 Ahmed Razee $100.00 407 E. Pine AP #404 - 086 -08 E P.O. Box 8093 Anaheim, CA 92812 Aurora Angel $100.00 613 E. Stanford AP #014 - 391 -14 19319 Mission Ranch Rd. Riverside. CA 92508 Chuc B. Dang $100.00 916 S. Dennis AP #108 - 254 -01 15444 Brookhurst Westminster, CA 92683 David and Anna Texeira $100.00 2717 N. Linwood AP #390 -181 -1 11262 Weatherby Rd. Santa Ana. CA 92705 EXHIBIT 2 7of9 Resolution No. 2014 -xxx 75A -14 Page 16 of 18 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT De Carlo No. II, LP $100.00 908 S. Shelton AP #010 - 273 -04 Joseph M. Mona, Esq., Agent 8001 Irvine Center Dr., Ste 820 Irvine, CA 92618 Diana and Frank Larriva, Jr. $100.00 3725 S. Garnsey AP #410 - 172 -48 1610 Hickory Santa Ana, CA 92707 Donald and Anna Sharkoff $300.00 2501 S. Artesia AP #412- 392 -03 11322 Elsinore Circle Huntinaton Beach. CA 92647 Meroert vvagsnau $100.00 1537 S. Greenville AP #408 - 245 -15 S P.O. Box 1677 Tustin, CA 92781 Jose Payan $100.00 4110 W. Kent AP #108 - 605 -11 4138 Ladrillo Lake Elsinore, CA 92530 Joseph Alfredo Salinas $100.00 516 E. Walnut AP #404 - 081 -02 P.O. Box 6611 Santa Ana, CA 92706 Leonard and Barbara Coraccio $100.00 1404 N. French AP #398 - 134 -28 1022 El Camino Ln. Santa Ana, CA 92705 Norma Partida $100.00 1014 S. Flower AP #010 - 263 -48 1926 W. Sloop Ave. Anaheim, CA 92804 Scott and Elizabeth Hart $100.00 728 E. Walnut AP #404 - 071 -01 23 Crooked Stick Dr. Newport Beach CA 92660 1204 W. 2 "d St. AP #008 - 131 -14 Starlight Bytist Church 1201 W. 2" St. $100.00 Santa Ana, CA 92703 Korber Properties, LLC $200.00 1137 S. Poplar AP #109 - 072 -09 2034 E. Oceanfront Newport Beach CA 92661 1020 -1022 E. Omar Weiss $1,400.00 Warner AP #016 - 133 -43 23932 Flores Ave. Laguna Niguel, CA 92677 EXHIBIT 2 8 of 9 Resolution No. 2014 -xxx 75A -15 Page 17 of 18 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Amy Lazar $200.00 2233 N. Spruce AP #001 - 274 -01 10609 N. 70" Shawnee, KS 66203 Ramzi and Samar Saba $200.00 1924 S. Flower AP #015 - 148 -06 995 Chinotto Circle CA 92881 Fred and Mirna Martinez 1130 S. Newhope AP #108 - 335 -30 25513 Day Lily Dr. Murieta, CA 9236; Trung Tran $200.00 5010 W. 7t" AP #100 - 241 -14 33071 W. Military Federal Wav, WA 98001 Jodeen Fillerman 3329 W. Charlaine AP #144- 281 -30 614 W. Bond Anaheim, CA 92805 Peggy Stygar $500.00 2826 N. Ridgewood AP #390 - 511 -42 2100 Palmyra, #8 Orange, CA 92868 Kabir's Investment Corp. 1333 W. Walnut AP #007 - 211 -03 Zaman M. Kabir, Agent 1 W. Pisano EXHIBIT 2 9of9 Resolution No. 2014 -xxx 75A -16 Page 18 of 18 Ladera Ranch, CA 92694 Robert and Nancy Guedea $500.00 2406 W. California AP #408 - 062 -21 1551 E. Chase Colina, CA 92881 Tim Mancinelli $500.00 930 N. Lacy AP #398 - 031 -14 3711 Long Beach Blvd., #814 Long Beach, CA 90807 Miguel Mejia $500.00 1517 W. Santa Ana AP #405 - 054 -03 506 S. Birch Santa Ana, CA 92701 Yaseen Trading & Investments $2,500.00 202 E. Adams AP #016 - 044 -12 Marzouk Ali Alshoubaki, Agent 2547 S. Main Santa Ana, CA 92707 Catherine Van $1,000.00 506 W. Washington AP #398 - 033 -02 600 E. Aberdeen Anaheim. CA 92807 EXHIBIT 2 9of9 Resolution No. 2014 -xxx 75A -16 Page 18 of 18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: PUBLIC HEARING — RECOVERY OF UNCOLLECTED ADMINISTRATIVE CITATION FINES CITY M VAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution affirming the outstanding Administrative Citation Fines for Fiscal Year 2013 - 2014 and authorize the transmittal of uncollected Administrative Citation Fines to the office of Auditor- Controller, County of Orange. DISCUSSION Community Preservation's Administrative Citations are solely issued after property owners have first been afforded a warning notice to correct violations and have failed to bring their property into compliance. Property owners are provided a reasonable period of time depending on the severity to abate the violation. The City implements a monetary fine to ensure compliance with the Santa Ana Municipal Code, The City finds it necessary to seek legal recourse in order to recover the uncollected fines associated with these Administrative Citations. This year the outstanding fines for 63 parcels is $25,100 (Exhibit 1). The property owner names are provided in Exhibit 2 and a brief description of the type of violations are listed in Exhibit 3. The most effective method of collection is to submit these charges to the office of the County Auditor /Controller in order that they may be placed as a lien on the property tax rolls. The total amount is subject to change due to payments received subsequent to the Council approval date. Charges must be submitted to the County by their deadline of August 10, 2014. 75B -1 Recovery of Uncollected Administrative Citation Fines July 1, 2014 Page 2 FISCAL IMPACT The recovered charges will result in an estimated $25,100 in the General Fund Administrative Citations /Community Preservation account (no. 01116002- 55600). ek �- Karen Haluza Interim Executive Director Planning & Building Agency PC: rb rblreports \FY13 -14 Admin Citation Fines Recovery Exhibit: 1. Parcel Assessment Amounts 2. Property Owner Listing 3. Case- violation Description APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75B -2 AC62L05A— Form 132 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax C_2 Date June 25, 2014 PARCEL NUMBER 6 -15 ASSESSMENT AMOUNT. 16 -23 - 398 - 402 -03 600.00 005 - 152 -02 2,000.00 014 - 021 -29 100.00 398 - 264 -16 100.00 398 - 385 -06 300.00 005 - 184 -03 1,800.00 399 - 101 -06 200.00 007 - 340 -01 100.00 399 - 052 -09 100.00 404 - 085 -07 100.00 008 - 212 -52 100.00 404 - 093 -07 300.00 404 - 071 -15 100.00 407 - 031 -02 400.00 010- 284 -15 700.00 398 - 134 -18 600.00 398 - 134 -15 600.00 109- 443 -18 800.00 108- 114 -52 800.00 010- 170 -02 1,300.00 010- 170 -03 800.00 DOC. NO.= AC62FORM REV:5 /92 EXHIBIT 1 Page 1 of 3 75B -3 AC62L05A — Form 132 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax CC =2 Date June 25,2014 :PARCEL NUMBER 6 -15 ASSESSMENT AMOUNT ' 16 -23 013 -024 -11 100.00 010- 231 -09 100.00 404 - 053 -11 100.00 004 - 020 -02 100.00 398 - 193 -10 300.00 396- 113 -09 100M 014 - 213 -11 100.00 014- 021 -28 1,800.00 010- 153 -14 100.00 398 - 481 -19 100.00 011- 132 -02 100.00 109- 092 -43 100.00 404 -094 -11 100.00 198 - 181 -10 100.00 004 - 043 -24 100.00 404 - 085 -05 100.00 405 - 163 -17 500.00 405 - 163 -18 500.00 404 - 094 -13 100.00 404 - 086 -08 100.00 DOC. NO.= AC62FORM REV:5 /92 EXHIBIT 1 Page 2 of 3 75B -4 AC62L05A— Form 132 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax C_2 Date June 25, 2014 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 014- 391 -14 100.00 108- 254 -01 100.00 390 - 181 -10 100.00 010- 273 -04 100.00 410- 172 -48 100.00 412- 392 -03 300.00 408 - 245 -15 100.00 108 - 605 -11 100.00 404 - 081 -02 100.00 398 - 134 -28 100.00 010- 263 -48 100.00 404 - 071 -01 100.00 008 - 131 -14 100.00 109- 072 -09 200.00 016- 133 -43 1,400.00 015- 148 -06 200.00 108 - 335 -30 200.00 007 - 211 -03 1,000.00 398 - 031 -14 500.00 405 - 054 -03 500.00 016- 044 -12 2,000.00 398 - 033 -02 1,000.00 TOTAL: $25,100.00 DOC. NO.= AC62FORM REV:5 /92 EXHIBIT 1 Page 3 of 3 75B -5 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT 1665 E. 4 St., LLC $600.00 1665 E. 4th St. AP #398 - 402 -03 Tom Wu, Agent 1169 Warner Tustin, CA 92780 1615 N. Broadway George Caro $2,000.00 AP #005 - 152 -02 1615 N. Broadway Santa Ana, CA 92706 Martha Cadena $100.00 1321 S. Main AP #014 - 021 -29 1321 S. Main Santa Ana, CA 92707 Ebrahim Duel, Trustee $100.00 214 W. 4 1 St. AP #398 - 264 -16 3211 E. Mandeville Pl. Orange, CA 92861 David Cordova $300.00 1219 E. 3rd St. AP #398 - 385 -06 1211 E. 3`d St. Santa Ana, CA 92701 845 Building, LLC $1800.00 Michael F. Harrah, Agent 843 -845 N. Broadway AP #005 - 184 -03 1103 N. Broadway Santa Ana, CA 92701 2208 Main Street, LLC $200.00 2208 N. Main AP #399 - 101 -06 Michael F. Harrah, Agent 1103 N. Broadway Santa Ana, CA 92701 Joe Ledesma $100.00 306 S. Center AP #007 - 340 -01 P.O. Box 9611 Fountain Valley, CA 92728 Molly Doutghty Minery Trust $100.00 917 W. 171h St. AP #399 - 052 -09 917 W. 17 h St. Santa Ana, CA 92706 Richard McHugh $100.00 411 E. Chestnut AP #404 - 085 -07 177 Riverside Dr. Newport Beach, CA 92663 Federal National Mortgage Assn. $100.00 911 W. Chestnut AP #008 - 212 -52 2900 Esperanza Crossing Austin. TX 78758 EXHIBIT 2 Page 1 of 6 75B -6 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 Nick T. and Rose Marie Castillo $300.00 223 S. Orange AP #404 - 093 -07 5909 San Remonay Yorba Linda, CA 92887 The Dathy Trust $100.00 721 E. Pine AP #404 - 071 -15 Dat and Thy Nguyen, Trustees 15561 Ashley Circle Westminster, CA 92683 The Dathy Trust $400.00 2718 W. McFadden AP #407 - 031 -02 Thy H. Nguyen, Trustees 15561 Ashley Circle Westminster, CA 92683 Tiffany Nguyen $700.00 606 S. Shelton AP #010 - 284 -15 9246 Honeysuckle EXHIBIT 2 Page 2 of 6 75B -7 Donald and Lynn Osen $600.00 1330 N. French AP #398 - 134 -18 1517 E. Lombardy Pasadena, CA 91106 Donald and Lynn Osen $600.00 327 E. Washington AP #398 - 134 -15 1517 E. Lombardy Pasadena, CA 91106 Rosa Lopez $800.00 1101 S. Shelley AP #109 - 443 -18 24761 Calle Tres Lomas Lake Forest, CA 92630 Reviriano Flores $800.00 4618 W. Melric AP #108 - 114 -52 Maria Isabel Leal 1437 S. Parton Santa Ana, CA 92707 Simona Alvarez $1,300.00 609 S. Shelton AP #010 - 170 -02 7524 S. Racine Paramount, CA 90723 Simona Alvarez $800.00 615 S. Shelton AP #010- 170 -03 7524 S. Racine Paramount, CA 90723 Vicente and Guillermina Gonzalez $100.00 1202 S. Shelton AP #013 - 024 -11 1222 S. Nakoma Santa Ana, CA 92704 John Toman Properties, LLC $100.00 902 S. Birch AP #010 - 231 -09 21313S. 167`h St. Monroe, WA 98272 EXHIBIT 2 Page 2 of 6 75B -7 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 Manuchehr Khoshbin $100.00 407 E. Bishop AP #404 - 053 -11 6 Sunset Harbor Newport Coast, CA 92667 Mike Mitchell 1517 N. King AP #004 - 020 -02 1001 Freeman n. Michael Tribby $300.00 903 E. Stafford AP #398 -193 -10 5461 Kester Ave., #113 Sherman Oaks, CA 91411 Terry Espinoza $100.00 2425 N. Hathaway AP #396- 113 -09 Louise Haro 363 N. Hardwood Orange, CA 92866 11I1111#1 802 E. Berkeley AP #014- 213 -11 P.O. Box 7877 Moses Zuniga $100.00 1134 S. Golden West AP #109 - 092 -43 1338 N. Ferndale Anaheim, CA 92801 Ruben and Esthela Lopez $100.00 336 E. Pine AP #404 -094 -11 2112 Vallejo Dr. Tustin, CA 92782 Minh Tran $100.00 302 N. Bewley AP #198 - 181 -10 11353 Pennell Circle Fountain Valley, CA 92708 EXHIBIT 2 Page 3 of 6 75B -8 Gladis Avalos $1,800.00 1311 -1315 S. Main AP #014 - 021 -28 822 Productions PI. Newport Beach, CA 92663 Hung Duong $100.00 624 S. Sycamore AP #010 - 153 -14 12451 S. Pleasant Garden Grove, CA 92841 Moises and Aureliana Guillen $100.00 619 E. 3'd St. AP #398 - 481 -19 2326 E. Mark Santa Ana, CA 92703 Takai, LLC $100.00 818 E. Pine AP #011 - 132 -02 Ta -Shong Lin, Agent E P.O. Box 18530 Moses Zuniga $100.00 1134 S. Golden West AP #109 - 092 -43 1338 N. Ferndale Anaheim, CA 92801 Ruben and Esthela Lopez $100.00 336 E. Pine AP #404 -094 -11 2112 Vallejo Dr. Tustin, CA 92782 Minh Tran $100.00 302 N. Bewley AP #198 - 181 -10 11353 Pennell Circle Fountain Valley, CA 92708 EXHIBIT 2 Page 3 of 6 75B -8 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Lester and Barbara Johnson $100.00 1502 N. Artesia AP #004 - 043 -24 1234 W. Marion EXHIBIT 2 Page 4 of 6 75B -9 Korpi Trust $100.00 402 E. Pine AP #404 - 085 -05 Parisa Roshanzamir 6 W. Sable Sands Newport Beach, CA 92157 Korpi Trust $500.00 1012 W. 3rd St. AP #405 - 163 -17 Parisa Roshanzamir 6 W. Sable Sands Newport Beach, CA 92157 Korpi Trust $500.00 1008 W. 3rd St. AP #405 - 163 -18 Parisa Roshanzamir 6 W. Sable Sands Newport Beach, CA 92157 Bay Nguyen $100.00 328 E. Pine AP #404 - 094 -13 309 S. Vicki Ln. Anaheim, CA 92804 Ahmed Razee $100.00 407 E. Pine AP #404 - 086 -08 E P.O. Box 8093 Anaheim, CA 92812 Aurora Angel $100.00 613 E. Stanford AP #014- 391 -14 19319 Mission Ranch Rd. Riverside, CA 92508 Chuc B. Dang $100.00 916 S. Dennis AP #108 - 254 -01 15444 Brookhurst Westminster, CA 92683 David and Anna Texeira $100.00 2717 N. Linwood AP #390 - 181 -10 11262 Weatherby Rd. Santa Ana, CA 92705 De Carlo No. II, LP $100.00 908 S. Shelton AP #010 - 273 -04 Joseph M. Mona, Esq., Agent 8001 Irvine Center Dr., Ste 820 Irvine, CA 92618 Diana and Frank Larriva, Jr. $100.00 3725 S. Garnsey AP #410 - 172 -48 1610 Hickory Santa Ana, CA 92707 EXHIBIT 2 Page 4 of 6 75B -9 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER /ADDRESS ASSESSMENT Laguna Niguel, CA 92677 Donald and Anna Sharkoff $300.00 2501 S. Artesia AP #412 - 392 -03 11322 Elsinore Circle Fred and Mirna Martinez $200.00 Huntington Beach, CA 92647 Murrieta, CA 92362 Herbert Wagshall $100.00 1537 S. Greenville AP #408 - 245 -15 S P.O. Box 1677 Tustin, CA 92781 Jose Payan $100.00 4110 W. Kent AP #108 -605 -11 4138 Ladrillo Lake Elsinore, CA 92530 Joseph Alfredo Salinas $100.00 516 E. Walnut AP #404 - 081 -02 P.O. Box 6611 Santa Ana, CA 92706 Leonard and Barbara Coraccio $100.00 1404 N. French AP #398 - 134 -28 1022 El Camino Ln. Santa Ana, CA 92705 Norma Partida $100.00 1014 S. Flower AP #010 - 263 -48 1926 W. Sloop Ave. Anaheim, CA 92804 Scott and Elizabeth Hart $100.00 728 E. Walnut AP #404 - 071 -01 23 Crooked Stick Dr. Newport Beach, CA 92660 1204 W. 2 "d St. AP #008 - 131 -14 Starlight Baptist Church 1201 W. 2" St. $100.00 Santa Ana, CA 92703 Korber Properties, LLC $200.00 1137 S. Poplar AP #109 - 072 -09 2034 E. Oceanfront Newport Beach, CA 92661 Omar Weiss $1,400.00 1020 -1022 E. Warner AP #016- 133 -43 23932 Flores Ave. Laguna Niguel, CA 92677 Ramzi and Samar Saba $200.00 1924 S. Flower AP #015 - 148 -06 995 Chinotto Circle Corona, CA 92881 Fred and Mirna Martinez $200.00 1130 S. Newhope AP #108 - 335 -30 25513 Day Lily Dr. Murrieta, CA 92362 EXHIBIT 2 Page 5 of 6 75B -10 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER /ADDRESS ASSESSMENT Kabir's Investment Corp. $1,000.00 1333 W. Walnut AP #007 - 211 -03 Zaman M. Kabir, Agent 1 W. Pisano Ladera Ranch, CA 92694 Tim Mancinelli $500.00 930 N. Lacy AP #398 - 031 -14 3711 Long Beach Blvd., #814 Long Beach, CA 90807 UK 1517 W. Santa Ana AP #405 - 054 -03 506 S. Birch Santa Ana, CA 92701 Yaseen Trading & Investments $2,000.00 202 E. Adams AP #016- 044 -12 Marzouk Ali Alshoubaki, Agent 2547 S. Main Santa Ana, CA 92707 Catherine Van $1,000.00 506 W. Washington AP #398 - 033 -02 600 E. Aberdeen Anaheim, CA 92807 EXHIBIT 2 Page 6 of 6 75B -11 2 O a K w a H Z O a 's W IC m m N N N N N N N m w t w m m m m t H m N N N I 0 4 N N N z ° 4° 4 4 4 4° 4 ^"" 4 4 4 4 4 4° 0 4 "' 4 4 H H 4 4 0 °- N N N N N N N N N H V Ln V1 a s d' H O N In N m m rl H H I ¢ o o �n w vi in in �n in N �o m oa m ao w m o a in m H m m N N m m m g V H H H H H H H 4 (V m m H H H H H m o g N q q 0 q p 4 0 m m in vn in i.n �n M a w m w m m m N m a m a v a N N N W m m m m o o p p o o 0 0 o 0 0 0 0 0 0 H o m m m m m m 0 0 o 0 0 0 0 0 0 o m m 0 o m m 0 c 0 o 0 0 v 0 a 0 v 0 a 0 a 0 v 0 v 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 0�0 0 0 W V O H p In 0 H 0 H 0 H 0 N 0 IA 0 O H 0 O H 0 H 0 H 0 H 0 N 0 H 0 N 0 V1 0 O H 0 N 0 H 0 H 0 H 0 H 0 H 0 N 0 H 0 H' 0 H 0 H 0 N baq GO V NO V O tl0 C O D O O a N V O Q Q 6 Q U V N a O O a m u O° u u O° u 0 v ry n ❑ m k `w 3� a v a a w > u Y u � � � � � � > u° c c ry c .a c c u u u u u o. c v y Y c Y Y c m m y_ C t C w C C t ° c c c a o 'm 'E 'E 'E 'E 'E 'E c c ° ._ U E y U m Y Y Y = v a v a v = > > > `° ` r o n n n n o° ° o m 0 0 v v u 3 u u u u w .E m °°°°m a c c .E E v v v v E 1p E E E 0 0 Q 0 0 0 0 0 0 0 m m on m 0 - 0 0 0 t 0 pVp Y Y C Y Y Y V Y Y n Y V Y N Y u y Y Q Q Y n 6 6 a C m m m m O m UAW m a T C C G G C N t1 N W m m '�1' H N N H V W iA m d' U y m N OJ V H O h tD H vl t� tD H W N M H vl N N CO O p y N d' N C O �O O �O O tD H N Vl h m m O m Vl m N O N vl V O m m M tO N O Vf m a a a c in v i c in in a �n vi in �n io m m w N m m m m N m m m w w V �n M M vi vi vi,m in �n ui vi in m m in vi �n in in m in in vn �n m m in in in i a � 3 z m L a i ❑ I- F w ❑ a Q m Z_ Z Z 0U' u ¢ O Z m 2 w G Z V v m 2 c m z w x u a a z z Z w Z V �^+ U O n n 3 w m vi w m w w �n io in H H N V m H m m 0 m N H H m H H m H t0 H tO H m H H N N H d' M N N 0 m N m N �' N m N N N N N N N N Z m w � m W aw w F U Q 0 O W � J W K w W z Z 0 O t' c a z w 2 a 3 a J i 0 O u a z i~ p O l7 x 'i g ❑ c z � 0 � a ' O o v � ¢ g o ° a w °❑ m z x z W J0 m O w ¢ m> m 0 w ❑> ...',H H U c C W° OJ N O c C w ° N m a Vl tO N W m rl ti pN N N N H N N N N N N m m m a 's W Z O W z F Z O m m N w vl vl vl vl vl V1 Vl m c0 Vl vl o] of o] N N N N N N N m M M N m H N O O m ri W Pu N N .-1 N N N N N N N N N N N vl ul 0 0 0 0 0 0 0 N O .i O N N O N N N 0 N 0 N 0 N 0 N 0 N 0 N 0 of w cb �b W m m m m m �b W fi ob 6 O O 6 6 O 6 d 6 O d 6 d 6 O M N O O V O 4 rl W rl W N tb N a O 0 H N r N r m m m m o 0 0 0 0 0 .-i .+ .� .i .+ .� .� .� b o o m m m' e 0 0 0 0 0 0 0 m m m m N N '+ ti ,� .i 0 0 0 0 I 0 0 0 o O 1 v o m M m 0 0 0 0 0 0 0'o O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o W 0 rl 0 e4 0 cl 0 N oio N V1 O V1 O ei o In 0 'i 0 V1 0 ci 0 N 0 III 0 ci 0 N 0 Ill 0 H 0 N 0 Ifl 0 m 0 H 0 N 0 V1 0 a-1 0 H 0 a-I 0 ei 0 H 0 N o N O N o N � Ii 1 v O u C c G � bG bq v v n n n a 0 E � C `m v c v c v c u u u u u u u ¢ o° u o c c c c c c c c 3 c v y C v C v C a C v C v C v C v C v C a c 9 C v U o U> C v m- c E E v E E E E EIE E E E Y 0 0. 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O r.+ N H I H H H 15 I a v w (ROH 07/01/14) RESOLUTION NO. 2014 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING UNCOLLECTED ADMINISTRATIVE CITATION FINES: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH FINES; AND ORDERING A COPY THEREOF TO BE FILED WITH THE ORANGE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 17 -40 of the Santa Ana Municipal Code, the Executive Director of Planning and Building Agency has submitted an itemized report, the Administrative Citation Program Report, a copy of which is on file with the Clerk of the Council, which sets forth the amount of uncollected administrative citation fines imposed for property related Santa Ana Municipal Code violations upon each individual lot or parcel of land where such violation occurred or was maintained. B. The Executive Director of the Planning and Building Agency has given notice as required by law, in which the 1St day of July, 2014, at the hour of 5:45 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the administrative citation fines, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said fines and the amounts thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the amount of each administrative fine, as shown on Exhibits 1 and 2, which are incorporated by this reference as though fully set forth herein, is hereby made and confirmed as an assessment against such lots or parcels, respectively, and said assessments are hereby levied and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Resolution No. 2014 -xxx Page 1 of 12 75B -16 Section 3. The Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2014. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and /or fees which are to be placed on the fiscal year 2014 -2015 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this 1st day of Jam, 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge Assistant City Attorney Miguel A. Pulido Mayor 75B -17 Resolution No. 2014 -xxx Page 2 of 12 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 July 1, 2014. Date: Clerk of the Council City of Santa Ana 75B -18 Resolution No. 2014 -xxx Page 3 of 12 AC62L05A — Form B2 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax C -2 Date June 18, 2014 PARCEL NUMBER 6 -15 ASSESSMENT AMOUNT 16-23 398 - 402 -03 600.00 005 - 152 -02 2,000.00 014- 021 -29 100.00 398 - 264 -16 100.00 398 - 385 -06 300.00 005 - 184 -03 1,800.00 399 - 101 -06 200.00 007 - 340 -01 100.00 399 - 052 -09 100.00 404 - 085 -07 100.00 008 - 212 -52 100.00 404 - 093 -07 300.00 404 - 071 -15 100.00 407 - 031 -02 400.00 010- 284 -15 700.00 398 - 134 -18 600.00 398 - 134 -15 600.00 109 -443 -18 800.00 108 - 114 -52 800.00 010- 170 -02 1,300.00 010- 170 -03 800.00 DOC. NO.= AC62FORM REV:5 /92 EXHIBIT 1 Page 1 of 3 Resolution No. 2014 -xxx 758-19 Page 4 of 12 AC621-05A — Form B2 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax CC =2 Date June 18, 2014 PARCEL NUMBER 6 -15 ASSESSMENT AMOUNT 16 -23 013 - 024 -11 100.00 010- 231 -09 100.00 404 - 053 -11 100.00 004 - 020 -02 100.00 398 - 193 -10 300.00 396- 113 -09 100.00 014 - 213 -11 100.00 014- 021 -28 1,800.00 010- 153 -14 100.00 398 - 481 -19 100.00 011 - 132 -02 100.00 109- 092 -43 100.00 404 - 094 -11 100.00 198- 181 -10 100.00 004 - 043 -24 100.00 404 - 085 -05 100.00 405 - 163 -17 500.00 405 -163 -18 500.00 404 - 094 -13 100.00 404 - 086 -08 100.00 EXHIBIT 1 Page 2 of 3 DOC. NO.= AC62FORM REV:5 /92 Resolution No. 2014 -xxx 758-20 Page 5 of 12 AC62L05A — Form B2 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax CC =2 Date June 18, 2014 PARCEL NUMBER 6 -15 ASSESSMENT AMOUNT 16 -23' 014 - 391 -14 100.00 108 - 254 -01 100.00 390 - 181 -10 100.00 010- 273 -04 100.00 410 - 172 -48 100.00 412- 392 -03 300.00 408 - 245 -15 100.00 108 - 605 -11 100.00 404 - 081 -02 100.00 398 - 134 -28 100.00 010- 263 -48 100.00 404 - 071 -01 100.00 008 - 131 -14 100.00 109- 072 -09 200.00 016- 133 -43 1,400.00 015- 148 -06 200.00 108- 335 -30 200.00 007 - 211 -03 1,000.00 398 - 031 -14 500.00 405 - 054 -03 500.00 016- 044 -12 2,000.00 398 - 033 -02 1,000.00 TOTAL: $25,100.00 EXHIBIT 1 Page 3 of 3 75B -21 DOC, NO.= AC62FORM REV:5 /92 Resolution No. 2014 -xxx Page 6 of 12 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNERIADDRESS ASSESSMENT 1665 E. 4 St., LLC $600.00 1665 E. 4" St. AP #398 - 402 -03 Tom Wu, Agent 1169 Warner Tustin, CA 92780 George Caro $2,000.00 1615 N. Broadway AP 9005 - 152 -02 1615 N. Broadway Santa Ana, CA 92706 Martha Cadena $100.00 1321 S. Main AP #014 - 021 -29 1321 S. Main Ebrahim Duel, Trustee $100.00 214 W. 41" St. AP #398 - 264 -16 3211 E. Mandeville PI. Orange, CA 92861 David Cordova $300.00 1219 E. 3rd St. AP #398 - 385 -06 1211 E. 3rd St. Can #n Any (`A 097f19 845 Building, LLC $1800.00 Michael F. Harrah, Agent 843 -845 N.Broadway AP #005 - 184 -03 1103 N. Broadway Santa Ana, CA 92701 2208 Main Street, LLC $200.00 2208 N. Main AP #399 - 101 -06 Michael F. Harrah, Agent 1103 N. Broadway Santa Ana, CA 92701 Joe Ledesma $100.00 306 S. Center AP #007 - 340 -01 P.O. Box 9611 Fountain Valley, CA 92728 Molly Doughty Minery Trust $100.00 917 W. 17" St. AP #399 - 052 -09 917 W. 17 St. Santa Ana, CA 92706 Richard McHugh $100.00 411 E. Chestnut AP #404 - 085 -07 177 Riverside Dr. Newport Beach, CA 92663 Federal National Mortgage Assn. $100.00 911 W. Chestnut AP #008 - 212 -52 2900 Esperanza Crossing Austin, TX 78758 EXHIBIT 2 Page 1 of 6 Resolution No. 2014 -xxx 75B -22 Page 7 of 12 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Donald and Lynn Osen $600.00 327 E. Washington AP #398 - 134 -15 1517 E. Lombardy Pasadena, CA 91106 Nick T. and Rose Marie Castillo $300.00 223 S. Orange AP #404 - 093 -07 5909 San Remonay Yorba Linda, CA 92887 The Dathy Trust $100.00 721 E. Pine AP #404 - 071 -15 Dat and Thy Nguyen, Trustees 15561 Ashley Circle Westminster, CA 92683 The Dathy Trust $400.00 2718 W. McFadden AP #407 - 031 -02 Thy H. Nguyen, Trustees 15561 Ashley Circle Westminster, CA 92683 $800.00 615 S. Shelton AP #010 - 170 -03 Tiffany Nguyen $700.00 606 S. Shelton AP #010- 284 -15 9246 Honeysuckle Fountain Valley, CA 92708 Donald and Lynn Osen $600.00 1330 N. French AP #398 - 134 -18 1517 E. Lombardy Pasadena, CA 91106 Donald and Lynn Osen $600.00 327 E. Washington AP #398 - 134 -15 1517 E. Lombardy Pasadena, CA 91106 Vicente and Guillermina Gonzalez $100.00 1202 S. Shelton AP #013 -024 -11 1222 S. Nakoma Santa Ana, CA 92704 John Toman Properties, LLC $100.00 902 S. Birch AP #010 - 231 -09 21313S. 167th St. Monroe. WA 98272 EXHIBIT 2 Page 2 of 6 Resolution No. 2014 -xxx 75B -23 Page 8 of 12 Rosa Lopez $800.00 1101 S. Shelley AP #109 - 443 -18 24761 Calle Tres Lomas Lake Forest, CA 92630 Reviriano Flores $800.00 4618 W. Melric AP #108 - 114 -52 Maria Isabel Leal 1437 S. Parton Santa Ana, CA 92707 Simona Alvarez $1,300.00 609 S. Shelton AP #010 - 170 -02 7524 S. Racine Paramount, CA 90723 Simona Alvarez $800.00 615 S. Shelton AP #010 - 170 -03 7524 S. Racine Paramount. CA 90723 Vicente and Guillermina Gonzalez $100.00 1202 S. Shelton AP #013 -024 -11 1222 S. Nakoma Santa Ana, CA 92704 John Toman Properties, LLC $100.00 902 S. Birch AP #010 - 231 -09 21313S. 167th St. Monroe. WA 98272 EXHIBIT 2 Page 2 of 6 Resolution No. 2014 -xxx 75B -23 Page 8 of 12 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 Manuchehr Khoshbin 407 E. Bishop AP #404 - 053 -11 6 Sunset Harbor Mike Mitchell $100.00 1517 N. King AP #004 - 020 -02 1001 Freeman Santa Ana, CA 92706 Michael Tribby $300.00 903 E. Stafford AP #398 - 193 -10 5461 Kester Ave., #113 Sherman Oaks, CA 91411 Terry Espinoza $100.00 2425 N. Hathaway AP #396 - 113 -09 Louise Haro 363 N. Hardwood Orange, CA 92866 Pouya Alimagham $100.00 802 E. Berkeley AP #014 - 213 -11 P.O. Box 7877 Newport Beach, CA 92358 Gladis Avalos $1,800.00 1311 -1315 S. Main AP #014 - 021 -28 822 Productions PI. Newport Beach, CA 92663 Hung Duong $100.00 624 S. Sycamore AP #010 - 153 -14 12451 S. Pleasant Garden Grove, CA 92841 Moises and Aureliana Guillen $100.00 619 E. 3rd St. AP #398 - 481 -19 2326 E. Mark Santa Ana, CA 92703 Takai, LLC $100.00 818 E. Pine AP #011 - 132 -02 Ta -Shong Lin, Agent E P.O. Box 18530 Irvine, CA 92622 Moses Zuniga $100.00 1134 S. Golden West AP #109 - 092 -43 1338 N. Ferndale Anaheim, CA 92801 Ruben and Esthela Lopez $100.00 336 E. Pine AP #404 - 094 -11 2112 Vallejo Dr. Tustin, CA 92782 Minh Tran $100.00 302 N. Bewley AP #198 - 181 -10 11353 Pennell Circle Fountain Vallev. CA 92708 EXHIBIT 2 Page 3 of 6 Resolution No. 2014 -xxx 75B-24 Page 9 of 12 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Lester and Barbara Johnson $100.00 1502 N. Artesia AP #004 - 043 -24 1234 W. Marion Santa Ana, CA 92706 Korpi Trust $100.00 402 E. Pine AP#404- 085 -05 Parisa Roshanzamir 6 W. Sable Sands Newport Beach, CA 92157 Chuc B. Dang $100.00 916 S. Dennis AP #108 - 254 -01 15444 Brookhurst Westminster, CA 92683 David and Anna Texeira $100.00 2717 N. Linwood AP #390 - 181 -10 11262 Weatherby Rd. De Carlo No. II, LP $100.00 908 S. Shelton AP #010 - 273 -04 Joseph M. Mona, Esq., Agent 8001 Irvine Center Dr., Ste. 820 Irvine, CA 92618 Diana and Frank Larriva, Jr. $100.00 3725 S. Garnsey AP #410 - 172 -48 1610 Hickory Santa Ana. CA 92707 EXHIBIT 2 Page 4 of 6 Resolution No. 2014 -xxx 75B -25 Page 10 of 12 Korpi Trust $500.00 1012 W. 3'd St. AP #405 - 163 -17 Parisa Roshanzamir 6 W. Sable Sands Newport Beach, CA 92157 Korpi Trust $500.00 1008 W. 3rd St. AP #405 - 163 -18 Parisa Roshanzamir 6 W. Sable Sands Newport Beach, CA 92157 Bay Nguyen $100.00 328 E. Pine AP #404 - 094 -13 309 S. Vicki Ln. Anaheim, CA 92804 Ahmed Razee $100.00 407 E. Pine AP #404 - 086 -08 E P.O. Box 8093 Anaheim, CA 92812 Aurora Angel $100.00 613 E. Stanford AP #014 - 391 -14 19319 Mission Ranch Rd. Riverside, CA 92508 Chuc B. Dang $100.00 916 S. Dennis AP #108 - 254 -01 15444 Brookhurst Westminster, CA 92683 David and Anna Texeira $100.00 2717 N. Linwood AP #390 - 181 -10 11262 Weatherby Rd. De Carlo No. II, LP $100.00 908 S. Shelton AP #010 - 273 -04 Joseph M. Mona, Esq., Agent 8001 Irvine Center Dr., Ste. 820 Irvine, CA 92618 Diana and Frank Larriva, Jr. $100.00 3725 S. Garnsey AP #410 - 172 -48 1610 Hickory Santa Ana. CA 92707 EXHIBIT 2 Page 4 of 6 Resolution No. 2014 -xxx 75B -25 Page 10 of 12 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 $300.00 2501 S. Artesia AP #412 - 392 -03 11322 Elsinore Circle Huntington Beach, CA 92647 Herbert Wagshall $100.00 1537 S. Greenville AP #408 - 245 -15 S P.O. Box 1677 Tustin, CA 92781 EXHIBIT 2 Page 5 of 6 Resolution No. 2014 -xxx 75B-26 Page 11 of 12 Jose Payan $100.00 4110 W. Kent AP #108 -605 -11 4138 Ladrillo Lake Elsinore, CA 92530 Joseph Alfredo Salinas $100.00 516 E. Walnut AP #404 - 081 -02 P.O. Box 6611 Santa Ana, CA 92706 Leonard and Barbara Coraccio $100.00 1404 N. French AP #398 - 134 -28 1022 El Camino Ln. Santa Ana, CA 92705 Norma Partida $100.00 1014 S. Flower AP #010 - 263 -48 1926 W. Sloop Ave. Anaheim, CA 92804 Scott and Elizabeth Hart $100.00 728 E. Walnut AP #404 - 071 -01 23 Crooked Stick Dr. Newport Beach, CA 92660 1204 W. 2nd St. AP #008 - 131 -14 Starlight Batist Church 1201 W. 2n St. $100.00 Santa Ana, CA 92703 Korber Properties, LLC $200.00 1137 S. Poplar AP #109 - 072 -09 2034 E. Oceanfront Newport Beach, CA 92661 Omar Weiss $1,400.00 1020 -1022 E. Warner AP #016 - 133 -43 23932 Flores Ave. Laguna Niguel, CA 92677 Ramzi and Samar Saba $200.00 1924 S. Flower AP #015 - 148 -06 995 Chinotto Circle Corona, CA 92881 Fred and Mirna Martinez $200.00 1130 S. Newhope AP #108 - 335 -30 25513 Day Lily Dr. Murrieta, CA 92362 EXHIBIT 2 Page 5 of 6 Resolution No. 2014 -xxx 75B-26 Page 11 of 12 PROPERTY OWNER LISTING FISCAL YEAR 2013 -2014 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Kabir's Investment Corp. $1,000.00 1333 W. Walnut AP #007 - 211 -03 Zaman M. Kabir, Agent 1 W. Pisano Tim Mancinelli $500.00 930 N. Lacy AP #398 - 031 -14 3711 Long Beach Blvd., #814 Long Beach, CA 90807 Miguel Mejia $500.00 1517 W. Santa Ana AP #405 - 054 -03 506 S. Birch Santa Ana, CA 92701 Yaseen Trading & Investments $2,000.00 202 E. Adams AP #016 -044 -12 Marzouk Ali Alshoubaki, Agent 2547 S. Main Santa Ana, CA 92707 Catherine Van $1,000.00 506 W. Washington AP #398 - 033 -02 600 E. Aberdeen Anaheim, CA 92807 EXHIBIT 2 Page 6 of 6 Resolution No. 2014 -xxx 75B-27 Page 12 of 12 75B -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2013 -2014 CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 220 r, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "a Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution affirming the Fiscal Year 2013 -2014 Weed Abatement Program Report and authorizing the transmittal of uncollected weed abatement charges and postings to the Office of Auditor - Controller, County of Orange for collection. DISCUSSION The Public Works Agency operates a year -round program to maintain private properties free of weeds and rubbish. In accordance with Municipal Code Section 16 -55, when unsightly or unsafe conditions are identified, City sanitation inspectors provide a courtesy notice to property owners with a seven -day Notice to Clean Premises. If the property is not cleaned by the seventh day, a Notice of Abatement is posted and mailed indicating that the City will perform the abatement work through its own contractor after a 10 -day period. If a property is posted a second time within 12 months for the same violation, the City also assesses a posting charge. If the City performs the clean -up, property owners are notified of the charges and are provided an opportunity to submit payment to the City, averting a property assessment via the Orange County Auditor- Controller (County). Property owners have a minimum of 30 days and up to the time that the City sends the collection order to the County to make their payment. This year, there is $24,113 in outstanding charges for parcels cleaned by the City contractor and posted by City crews (Exhibit 1). Filing a property assessment through the County is the most effective method of collection. The charges are placed on the corresponding property tax rolls and paid through regular property tax assessments. The total amount is subject to change due to payments received subsequent to the Council approval date. If a property is in default, the charges are collected when the property changes ownership. There is no charge to the City for this service. The next County deadline for inclusion is August 10, 2014. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 75C -1 Weed Abatement Public July 1, 2014 Page 2 of 2 FISCAL IMPACT Nuisance Report 2013 -14 After affirmation by the Council, the charges will be submitted directly to the County for collection All revenues collected will be deposited into the Sanitation Fund (Account 6817002- 53710). APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William" Gal ez, P.E. Francisco Gutierrez Interim Executive Director Executive Director Public Works Agency Finance & Management Services Agency EWG /PG Exhibit 1: Resolution 75C -2 ROH 07/01/14 RESOLUTION NO. 2014 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 16 -55 of the Santa Ana Municipal Code, the Executive Director of the Public Works Agency has submitted an itemized report, the Weed Abatement Program Report, a copy of which is on file with the Clerk of the Council and which is attached hereto as Exhibit 1 and is incorporated by this reference as though fully set forth herein, which sets forth the costs of the weed, rubbish and garbage abatement actions carried out by the City of Santa Ana in front of or upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Public Works Agency has given notice as required by law, that the 1St day of July, 2014, at the hour of 6:00 p.m. is fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Exhibit 1 is hereby made and confirmed as an assessment against such lots or parcels respectively. Said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Section 3. The Public Works Agency is hereby directed to file a certified copy of said report and this Resolution with the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2014. 75C -3 Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and /or fees which are to be placed on the fiscal year 2013 -2014 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney IS Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014. Miguel A. Pulido Mayor 75C -4 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 2014. Date: Clerk of the Council City of Santa Ana 75C -5 EXHIBIT 1 CITY OF SANTA ANA FISCAL YEAR 2013 -2014 WEED ABATEMENT PROGRAM REPORT Jurisdiction: Santa Ana Type of Tax: M AC62LO5A - FORM B2 Special Assessment Add Date: Transactions August 10, 2014 s{x� +{j 1114'0 N i Y k t k R�L�,.,x yE.�;ASSESIIIENT,�, 615 :ai AMOUNT £ tIRCIUMEI� 111 Z 6 Mr 001 - 032 -13 629 396. 433 -09 475 001 - 055 -03 61 398 - 150 -02 1057 001 - 275 -07 475 398 - 152 -16 2687 002 - 261 -06 61 398 - 193 -10 487 003 - 120 -44 61 398471 -07 1572 003 - 211 -13 1094 398 - 481 -12 801 007- 052 -29 479 405 - 272 -16 61 007 - 121 -05 798 408 - 223 -10 61 008 - 144 -02 638 408 - 395 -04 61 008 - 212 -34 784 408416 -10 1 61 010 - 170 -01 61 410 - 381 -06 525 011- 131 -06 1046 412 - 276.05 61 011- 132 -05 2154 414 - 071 -08 61 013 - 101 -04 655 014- 094 -22 61 014- 242 -33 499 014- 243 -19 61 015 - 221 -21 518 101 - 121 -23 953 108 - 131 -26 1118 108- 591 -68 1870 109 - 742 -06 61 109 -821 -07 61 144 - 341 -07 61 188 -082 -12 61 188- 101 -18 210 198 - 081 -22 61 198 - 161 -25 61 198 - 181 -44 61 198 - 281 -25 842 198- 281 -26 588 75C -6 0 CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: PUBLIC HEARING — REAFFIRM AND REVISE THE FISCAL YEAR 2014 -15 CITY BUDGET �N CITY Mf AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO IaIIQ04IIL61.321 1. Adopt an ordinance appropriating monies for the fiscal year commencing July 1, 2014. 2. Adopt a Seven -Year Capital Improvement Program (CIP) from fiscal year 2014 -15 through fiscal Year 2020 -21 per Orange County Transportation Authority (OCTA) Measure M2 eligibility requirement. DISCUSSION On June 17, 2013, the Mayor and City Council approved the City's 2013 -15 two -year budget. The 2013 -15 budget fulfills the City's mission to deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. The primary fiscal objective is to establish the foundation and base -line to build upon future budgets as well as community and organizational needs. As such, this budget continues established objectives and strategies adopted under the five -year Strategic Plan to move the City into long -term financial stability while maintaining core programs and services to the extent possible. The total annual proposed revised budget for fiscal year 2014 -15 is $430,987,112. The proposed revisions incorporate all funded appropriations related to the General Fund, Internal Service, Enterprise, Special, Community Development and Housing, Capital Improvement Projects and Grant funding. The proposed revised 2014 -15 General Fund budget is estimated at $208.9 million and equates to approximately 50% of the total annual proposed budget. The General Fund supports those functions most commonly associated with city government such as police, fire, recreation, library, planning and building, street maintenance and general city administration. Additionally, the revised General Fund budget incorporates over $3M in funding for the five -year strategic plan which is scheduled to commence July 1, 2014. 75D -1 -1 Public Hearing — Reaffirm and Revise the Fiscal Year 2014 -15 Budget July 1, 2014 Page 2 In an effort to protect critical front -line services provided to the public, the proposed revisions to the 2014 -15 budget continue to incorporate various expenditure reduction strategies which include fire and medic services through the Orange County Fire Authority, employee retirement cost sharing, implementing workforce changes, and continued evaluation of all business practices to achieve innovation and efficiency cost savings. The proposed revisions to the 2014 -15 General Fund budget continue the City's commitment to fiscal stability by allocating additional funding to attain its target reserve level of 20% of operations. As of June 2013, the City's reserves levels increased to over $30M (or the equivalent of 15% of operations). Included in the revised 2014 -15 budget is approximately $1.3M in additional reserve appropriations. Staff anticipates reserve levels to reach a target level of $41.7M (or approximately 20% of operations) in 2015 and well ahead of schedule. With regard to workforce changes, a net total of 2 positions will be added to the 2014 -15 budget. In addition, the proposed resolution amends prior resolutions by adding classification titles and 6- step and 15 -step salary rate ranges, and the designation of several new classification titles, most of which also result from departmental reorganizations to implement the five -year Strategic Plan. FISCAL IMPACT With approval of the proposed revisions to the fiscal year 2014 -15 budget, $430.9M will be appropriated to the City's various funds, departments, programs and enterprise activities. Of those amounts, $208.9M will be appropriated to the various general fund operating departments. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency rc /wb 75D -1 -2 LS 6/3/14 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2014 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Manager has prepared and submitted to this Council, pursuant to the provisions of Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2014. On June 17, 2013, Council had approved a two -year budget; at this time council is reaffirming and revising the 2014 -2015 fiscal year of said two -year budget. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the updated budget of the City for fiscal year 2014 -2015, commencing July 1, 2014, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth, including the Seven -Year Capital Improvement Program Plan update per Orange County Transportation Authority Measure M2 eligibility requirement. Said adopted budget, including said supplemental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. SECTION 2: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "Fiscal Year 2013 -2015 Adopted Budget with attached revisions ", a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2014 -2015, the several amounts stated as proposed expenditures from said funds, respectively, in those 75D -1 -3 columns of said Budget that are headed "Adopted FY 14 -15 ". Each aggregate of expenditures so specified in said Budget for said fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the Charter, except that as to any office, department, or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter Section 609. SECTION 3: The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 4: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 5: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 6: One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 7: The City Council of the City of Santa Ana hereby adopts the updated Seven -Year Capital Improvement Program commencing at 2014 -2015, as set forth in the 2014 -2015 City Budget with attached revisions. SECTION 8: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2014. SECTION 9: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. 75D -1 -4 SECTION 10: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. 75D -1 -5 ADOPTED this day of June, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on 2014, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: June—, 2014 Clerk of the Council City of Santa Ana 75D -1 -6 t • • • CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: FISCAL YEAR 2014 -15 MISCELLANEOUS FEE RESOLUTION CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 'JUL 0 12014 FILE NUMBER Adopt a resolution establishing the fiscal year (FY) 2014 -15 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees, and enterprise fees. These fees are intended to recover to the extent possible the costs associated with delivering the associated services. Annually, the fees and services associated with the Miscellaneous Fee Resolution are reviewed and adjusted to reflect these costs. The FY 2014 -15 Miscellaneous Fee Resolution identifies all fees assessed as well as those recommended for adjustment. The FY 2014 -15 Miscellaneous Fee Schedule includes the establishment of five new fees which include: Permit Renewal /Extension, Vehicle Processing, Street Closure Permit - Accelerated Processing, cleaning deposits, and event space rental at The Depot. In addition, the fee schedule includes the continued waiver of the Credit Card Processing fee; waivers of two historic property fees; a fee reduction for Police Security Services; and increases in the Downtown Event Litter Control deposit, Street Name -Sign fee, False Alarm fees, and Rate for Construction Inspectors associated with capital projects. FISCAL IMPACT It is estimated that the proposed fee schedule will generate an additional $258,350 in general, internal, and enterprise fund revenue. APPROVED AS TO FUNDS AND ACCOUNTS: � +\ h � :�4 r A Francisco Gutierrez Executive Director / Finance and Management Services ✓� J 75D -2 -1 75D -2 -2 LS 6/2/14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2014 -2015 AND REPEALING IN PART RESOLUTION NO. 2013 -031 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon those persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2014 -2015 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2014- 2015, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 2.2 %, so that certain proposed fees for Fiscal Year 2014 -2015 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumers Price Index - Urban, All Services Component, for the Los Angeles- Riverside - Orange County area in a twelve month period ending December 31, 2013 (CPI). E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 2.2% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 2.2% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. F. Similarly, in a few limited circumstances, agencies have determined that new charges should be added or existing charges raised beyond this 2.2 %. Such charges are listed in the `Proposed New Miscellaneous Fees' and `Proposal to Modify 75D -2 -3 Resolution No. 2014 -XXX Page 1 of 3 Existing Fees', attached to the staff report submitted for this matter, and made a part hereof by this reference. G. In order to have a single comprehensive document for Fiscal Year 2014 - 2015, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be one comprehensive source of City fees and service charges. H. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. I. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2014 -2015 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2013 -031 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2013 -031 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after July 1, 2014. 75D -2 -4 Resolution No. 2014 -XXX Page 2 of 3 ADOPTED this day of June, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. 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 June _, 2014. Date: Clerk of the Council City of Santa Ana 7501-2 -5 Resolution No. 2014 -XXX Page 3 of 3 City of Sa POPOSFII DLNF 0 75D -2 -6 If you have any questions regarding the fees or rates in this document, please contact the appropriate departmental representative listed below: SECTION REPRESENTATIVE PHONE All Departments Budget Office 647 -5420 Clerk of the Council Maria D. Huizar 647 -6520 Finance & Management Services Christine Duarte 647 -5440 Fire Services Budget Office 647 -5420 Police Department Robert Carroll 245 -8135 Public Works Agency Margaret Mercer 647 -5050 Library Services Silvia Cuevas 647 -5254 Parks, Recreation & Community Services Francisco Hernandez 571 -4218 Community Development Agency Susan Gorospe 647 -5376 Planning & Building Agency Matt Foulkes 667 -2712 If you have any questions regarding the Miscellaneous Fee Process, please contact the Budget Office at 647 -5420. 75D -2 -7 TABLE OF CONTENTS Section Department Page I ALL DEPARTMENTS 1 II CLERK OF THE COUNCIL 5 III COMMUNITY DEVELOPMENT AGENCY 6 IV FINANCE & MANAGEMENT SERVICES 7 V FIRE SERVICES 9 VI LIBRARY 12 VII PARKS, RECREATION & COMMUNITY SERVICES 14 VIII & IX PLANNING & BUILDING AGENCY 21 X POLICE 69 XI PUBLIC WORKS 77 Appendix Summary of New and Modified Fees 85 75D -2 -8 This Page Intentionally Left Blank 75D -2 -9 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT PEES FEES SECTIONI ALLDEPARTMENTS Certification - Any Public Record Each 2.90 2.96 Certification (Excluding Public Records) Each 2.15 2.20 Copy of Public Records (fivm Paper, Fax, Microfilm, or Other Media) Annual 37.57 3839 In General (excluding Police Accident Reports) Size up to 8 1/2" x 14" Each Page 0.20 0.20 Oversized (larger than 8 1/2" x 14 ") Each Page Actual Cost Actual Cost Postage Charges Each Actual Cost Actual Cost Subpoena Duces Tenons - same as above general fees plus the following: Special reproduction charges (if any) Each Actual Cost Actual Cost Labor charges per person for locating and preparing documents Hour 25.04 24.00 Quarter hoar or fraction thereof 6.26 6.00 Charges paid to a third person for retrieval and retain of records held by that third person Each Actual Cost Actual Cost Witness Fecal Per Day 156.51 150.00 Police/Fire Per Day 275.00 275.00 at tender of Subpoena plus full cost that any incurs in terms ofsalary and traveling expenses for employee All other Employees 150.00 150.00 at tender ofSubpoena plus full cost that city incurs in terms of salary and traveling expenses for employee Mileage Fees (per mile, each way) Each 0.56 0.20 NOTE: Copies of maps, documents, graphs, or special work may be furnished upon the payment of the cost ofprinting and preparation. In cases where a regular establishedpriee is unavailable, the Department Head, in collaboration with the Executive Director ofFtnance & Management Services, may establish a price consistent with the cost of printing and preparation thereof, The Executive Director ofFinance & Management Services shall report such exceptions to the City Manager. It shall be the responsibility of the City Manager to review costs annually and ma /se such recommendations to the City Council as required to creep rates consistent with costs. Government agencies and their official representative(s) shall be exemptfrom paying theses charges forsingle copies for ofjtcial use. Preparation of Administrative Records Deposit to be applied to copy charges of $0.20 per page. Deposit -Flat Rate 109.56 111.97 Subscriptions Agenda only: Minutes only: Council Boards /Commissions Council Boards /Commissions 1 75D -2 -10 Ammal 75.13 76.78 Annual 37.57 38.39 Annual 75.13 76.78 Annual 37.57 3839 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENTAHSCELLANEOUS FEE OR SERVICE SECTION ALL DEPARTMENTS Agenda & Minutes: Council Annual 150.25 153.56 Boards /Cormnissions Annual 75.13 76.78 City Council Agenda and Minutes can be obtained at no charge font the City's internet website at www.santa- ana.ore Santa Ana Municipal Code (SAMC) and Supplements (order directly by calling Municipal Code Corporation at 1- 800- 262 -2633) 'Conforms to California Government Code Section 68096.1 and 68097.2 Building Rental Fees Group 1 City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group 2 Resident not- for -profit civic, social, and religious organizations. Group 3 Nonresident not- for -profit civic, social, and religious organizations. Great) 4 Resident commercial, business, and for - profit organizations. Grain) 5 Nonresident commercial, business, and for-profit organizations. Facifitv Grp Group Group 3 Group 4 Groin Council Chambers/Room 147 Up to 3 hours N/C 138.64 277.29 192.05 400.53 2.20% N/C 141.69 283.39 196.27 409.34 Each additional hour N/C 44.16 89.35 63.67 133.51 2.20% N/C 45.13 91.32 65.07 136.45 Cleaning Deposit (may be refundable) 213.61 213.61 21161 213.61 213.61 2.20% 218.31 218.31 218.31 218.31 218.31 Police Facility Community Room Up to 3 hours N/C 138.64 277.29 192.05 400.53 2.20% N/C 141.69 283.39 196.27 409.34 Each additional hour N/C 44.16 89.35 63.67 133.51 220% N/C 45.13 91.32 65.07 136.45 Cleaning Deposit (may be refundable) 213.61 213.61 213.61 213.61 213.61 2.20% 218.31 218.31 218.31 218.31 218.31 The Depot Lobby Per Hour N/C 173.00 230.00 172.00 287.00 2.20% N/C 176.81 235.06 175.78 293.31 Lobby Cleaning Deposit 205.00 205.00 205.00 205.00 205.00 2.20% 209.51 209.51 209.51 209.51 209.51 The Depot Courtyard Per Hour NC 57.00 85.00 57.00 114.00 2.20% N/C 58.25 86.87 58.25 116.50 Courtyard Cleaning Deposit 103.00 103.00 103.00 103.00 103.00 2.20% 105.27 10527 105.27 105.27 105.27 The Depot Meeting Room Up to 3 Hours N/C 74.00 149.00 103.00 217.00 2.20% N/C 75.63 152.28 105.27 221.77 Each Add. Hour N/C 17.00 29.00 22.00 45.00 2.20% N/C 17.37 29.64 22.48 45.99 Cleaning Deposit 218.31 218.31 218.31 218.31 218.31 (may be refundable) 2 75D -2 -11 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE ;Z1BE" Ii473� \�111rItlJi7lll���YY.9 Facilltv Grp Group Grp Group 4 Group 5 The Depot - Suite 100 Up to 3 hours N/C 530.42 1,060.84 742.59 1,485.17 Each additional hour N/C 127.75 255.50 178.85 357.70 Cleaning Deposit 218.31 218.31 218.31 218.31 218.31 (may be refundable) Library Room Rental per Hour Meeting Room N/C 15.24 29.46 21.34 42.67 2.20% N/C 15.58 30.11 21.81 43.61 Kitchenette (Optional) N/C 7.11 15.24 10.16 16.26 2.20% N/C 7.27 15.58 10.38 16.62 The Library has meeting rooms available for a fee at the Central and Newhope Libraries. City - sponsored activities will receive booldng priority. All events must be open to the general public at no charge. Lawn Bowline Clubhouse N/C 54.28 108.55 77.92 161.76 2.20°% N/C 55.47 110.94 79.63 165.32 Southwest Sr. Center California Room N/C 96.73 162.31 108.55 194.54 2.20% N/C 98.86 165.88 110.94 198.82 Dining Room N/C 32.24 51.60 38.70 77.94 2.20% N/C 32.95 52.73 39.55 79.65 Kitchen N/C 25.80 38.70 32.24 51.60 2.20% N/C 26.37 39.55 32.95 52.73 Conference Room N/C 32.24 51.60 38.70 77.94 2.20% N/C 32.95 52.73 39.55 79.65 Santa Ana Sr. Center Main Room N/C 99.34 166.69 111.48 199.80 2.20% N/C 101.53 170.36 113.94 204.19 Dining Room N/C 32.24 51.60 38.70 77.94 2.20% N/C 32.95 52.73 39.55 79.65 Kitchen N/C 25.80 38.70 32.24 51.60 2.20% N/C 26.37 39.55 32.95 52.73 Classroom N/C 17.74 35.47 25.80 51.60 2.20% N/C 18.13 36.25 26.37 52.73 Saleado CommuntN Center Meeting Room A N/C 35.47 72.01 51.60 103.72 2.20% N/C 36.25 73.60 52.73 106.00 Meeting Room B N/C 17.74 35.46 25.80 51.59 2.20% N/C 18.13 36.24 26.37 52.72 Kitchen N/C 13.44 26.87 18.81 38.70 220% N/C 13.74 27.46 19.23 39.55 Gymnasium N/C 67.72 135.43 96.73 194.54 2.20% N/C 69.21 138.41 98.86 198.82 3 75D -2 -12 RESOLUTION 2014 -#4# REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTIONI ALLDEPARTMENTS Facility Groan 1 Group 2 Group 3 Group Group 5 Jerome Recreation Center Social Hall N/C 17,74 35.47 25.80 51.60 2.20% N/C 18.13 36.25 26.37 52.73 Class Room N/C 17.74 35.47 25,80 51.60 2.20% N/C 18.13 36.25 26.37 52.73 I{itchen N/C 13.44 26.87 18.81 38.70 2.20% N/C 13.74 27.46 1923 39.55 Gymnasium N/C 65.74 131.48 93.91 188.87 2.20% N/C 67.18 134.37 95.97 193.02 El Salvador Center Social Hall N/C 17.74 35.47 25.80 51.60 2.20% N/C 18.13 36,25 26.37 52.73 Class Room N/C 17.74 35.47 25.80 51.60 2.20% N/C 18.13 36.25 26.37 52.73 Kitchen N/C 13.44 26.87 18.81 38.70 2.20% N/C 1174 27.46 19.23 39.55 Memorial Center Social Hall N/C 17.74 35.47 25,80 51.60 2.20% N/C 18.13 36.25 26.37 52,73 Class Room N/C 17.74 35.47 25.80 51.60 2.20% N/C 18.13 36.25 26.37 52.73 Loz Cabins N/C 9.13 17.74 12.90 18.81 2.20% N/C 9.33 18.13 13.18 19.23 Corbin Center (per room) N/C 17.74 35.47 25.80 51.60 2.20% N/C 18.13 36.25 26.37 52.73 Hector Godinez High Schoo[ Class Room N/C 30.64 49.45 37.08 74.17 2.20% N/C 31.31 50.54 37.90 -75.80 Meeting Room N/C 33.86 68.79 49.45 98.88 2.20% N/C 34.61 70.30 50.54 101.05 Performing Arts Facility N/C 92.44 154.77 103.72 185.40 2.20% N/C 94.47 158.17 106.00 189.48 Dand Room N/C 51.59 103.72 74.17 154.25 2.20% N/C 52.72 106.00 75.80 157.64 Gymnasium N/C 65.04 129.51 92.44 185.40 2.20% N/C 66.47 132.36 94.47 189.48 Sea SECTION VII for surcharges Sandaso Wildl4 %and Watershed Center Class Room N/C 42.99 71.80 48.16 85.99 2.20% N/C 43.94 7338 49.22 87.88 Stadium Concession Building N/C 54.28 108.55 77.92 161.76 2.20% N/C 55.47 110.94 79.63 165.32 4 75D -2 -13 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION II CLERK OF THE COUNCIL 57070 Initiative Petition Pursuant to California Elections Code 9202(b) & City of Santa Ana Council Resolution 88 -048 Per Filing 200.00 200.00 57070 Maps City Precinct Maps (Refer to the Orange County Voter Registrar's Office) Oversized City and Ward Maps (Actual cost to reproduce by Public Works Agency Actual Cost Actual Cost Geographical Information Systems (GIS) Maps; FY 2012 -13 is $12.96) 57070 Notification for New or Increased Taxes Pursuant to Government Code Section 54954.6 (b) (1) Per Request 52.38 53.53 57070 City Charter Over the Counter Per Unit 13.35 13.64 Mailed Requested Per Unit 16.95 17.32 57070 Copies of Council Minutes, Ordinances, Resolutions Paper Copies including Fax Copies Each Page 0.20 0.20 Specially Reproduced Copies (e.g, floppy disks) Each Page Actual Cost Actual Cost 57070 Fair Political Practice Commission (FPPC) Statements Retrieval Fee for Statements 5 years of age or over Per Record 5.00 5.00 Copy Charge for Statements Per Record 0.10 0.10 57070 Tapes of Council Meetings DVD's Per Meeting 5.14 5.25 (order DVD's directly by calling Parks, Recreation and Community Services at (714) 571 -4200) 57070 Hearings Chapter 3 Appeal Hearing Deposit Fee (Applicant billed for Actual Cost of Hearing Officer) Per Request 115.00 118.00 Processing Fee Per Request 39.00 40.00 Labor Charges Per Hour 39.00 40.00 5 75D -2 -14 RESOLUTION 2014 - # ## 2.20% PROPOSED PROPOSED REVENUE FY 13 -14 FY 14.15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES No Changes SECTION III COMMUNITY DEVELOPMENT AGENCY 02518002 -57991 Enterprize Zone Hiring Tax Credit Application Processing Fee Per Application 120.00 120.00 Retro- Voucher Processing Fee Per Application 40.00 40.00 Expedited Processing Fee Per Application 30.00 30.00 Various -57990 Subordination Fee Per Loan 250.00 250.00 Density Bonus Setup Fee q 75D -2 -15 1/8 of 1% 1/8 of 1% Gross Gross Valuation of Valuation of Construction Construction Charge Charge RESOLUTION 2014444 2.20% REVENUE FY 13-14 FY 14-15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE & MANAGEMENT SERVICES 51002 Dog License Fees County of Orange fees relating to the redemption of dogs adopted by City Council on 01/06/03 (Reno. No 2003 -004)* Program administered by Police Department County of Orange proposed fees, subject to change pending County approval ** CA Food & Agriculture Code See. 30804.5 sets the fee for altered dogs at no more than 50% of unaltered dogs. Annual *Altered (Neutered or Spayed) Each Dog ** 24.00 *Unaltered Each Dog ** 100.00 Replacement of Tag Each ** 150 *Senior Citizen (65 or older) One discount per household. Animal must be Each ** 12.00 spayed/neutered. *Late License Penally (after 30 days) Each ** 41.00 *Puppy License (12 month license for dogs under 6 months) Each Dog ** 24.00 CA Penal Code Sec. 326.5 sets this fee at $50.00 per annum. 53902 Bound Copy (Unabridged) Chapter 21 SAMC Business License Code Customer Pickup Each 34.75 35.52 Mailed Each 42.83 43.77 53902 Finance - Record Abstract Certified Each 18.06 18.46 Uncertified Each 11.55 11.81 53902 Finance - Records Research Fee (Minimum 1 how) Per Hour 44.89 45.88 50045 Monthly New Business License List Each 18.06 18.46 50045 Inspection/Collection Service Fee Each BLT 51.00 52.12 re- inspection/collection visit Per qualifying BLT audit (underpayments of LO% 50045 Audit Service Fee or greater, but not less than $250) 53.00 54.17 50045 Autoregistration Service Fee Per BLT account autoregistration /assessment 14.00 14.31 50045 Recording Service Fee Per recording of BLT lion 53.00 54.17 50045 Transfer Service Fee Per BLT account collection transfer 34.00 34.75 50045 Hearing Service Fee Per BUT administrative hearing 100.00 102.20 53900 Credit Card Processing Fee ( *fee to be waived by Council through Tune, 2015) Per Transaction Waived Waived 57900 Return Payment Service Fee Istitem 25.00 25.00 each Subsequent item 35.00 35.00 53901 Stop Payinent/Reissue Fee Each 1035 10.99 6017002 Utility Service Set -up 53716 After hours Each 133.26 136.20 53715 Consumption On /Off Meter Charge Each 53.23 54.40 53715 Collection Charge Each 26.12 26.69 53715 Re /Disconnect, Charge Each 53.23 54.40 Connection Charge Each 35.00 35.77 53715 Off for Bad Check Each 53.23 54.40 7 75D -2 -16 RESOLUTION 2014 -W 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES PEES SECTION IV FINANCE & MANAGEMENT SERVICES 53717 Tag Fee (Upon affixing) Each 11.48 11.73 53714 Investigation/Re- read Meter Each 11.48 11.73 57000 Copy of Comprehensive Annual Financial Report (CAFR) Each Actual Cost Actual Cost 57000 Copy of City Annual Budget Each Actual Cost Actual Cost 50035 HUT Max Tax Processing Fee Per refund, Maximum 215.21 219.95 There is a maximum fee charge of $219.95 per refund, or a $40.00 per hour charge far review & processing, whichever is less. 53402 Paramedic Subscription Fee Per Household/Business Location Annual 49.86 50.96 8 75D -2 -17 RESOLUTION 2014 -09 2.20 REVENUE FY 13 -14 FY 14.15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE SERVICES 53505 Fire Incident Reports Per Report (20 pages or less)* per page 0.21 0.21 53505 Fire Incident Report /Photographs on Computer Disc (CD) per page 0.21 0.21 Reports and photographs in a digital format 53505 Fine Incident or Medical Incident Reports (Requiring computer search) *Minimum one (1) hour per page 0.21 0.21 53505 Fire Inspection Reports per page 0.21 0.21 53505 Fire Code and Fire Code Standard Copies per page 0.21 021 51501 Fireworks /Stands and Displays: Permit for Sale (Retail Stand Only) Per Stand 389.20 397.76 Cleanup Deposit Bond (Refundable) Per Stand 175.82 179.69 12015002 53700 Fire Facilities Per Sq. Ft. of floor area 0.76 0.78 Pertains to construction built over 3 stories, Rate is set by ordinance in accordance with the Engineering News Report. * *Other Fire Services related fees that may apply can be found at www,00fa.org MEDICAL RESPONSE 53509 Basic Life Support (BLS) Treatment Per BLS Treated Patient Each 261.89 267.65 53509 Advanced Life Support (ALS) Treatment Per ALS Treated Patient Each 419.02 428.23 53509 Emergency Medical Assessment N/A 138.65 141.70 Per BLS or ALS assessment where no transport occurs 53509 Administration of Oxygen during Transport Per Patient receiving oxygen Each 72.92 74.52 53509 Emergency Base Rate /Transportation (in Fire Dept -owned vehicle) Per Transported Patient Each 586.42 599.32 53509 Mileage Per Transport Per Transport Mile Per Transported Patient Each 15.41 15.74 53509 DISPOSIBLE MEDICAL SUPPLIES AIRWAY OXYGEN SUCTION Airway Bridge Each 26.70 27.29 Airway - Combitube, holder Each 107.84 110.21 75D -�2 -18 RESOLUTION 2014 - ### REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION V EIRE SERVICES Airway - ET Kit, Slick set, holder, laryngoscope blade, eye protection, N -95 mask Airway Nasal Airway Oral Ambu. Bag, Adult, Pediatric, Infant "Cook Kit" (thoracostomy set) Mask - Resuscitator Mask - Non - rebreather- oxygen Nasal cannula Nebulizer Oxygen Suction Kit - Manual or electric V -vac, canister, catheters, yankauer, bulb, feeding tube CARDIAC MONITOR/ DEFIBRILLATION Monitor - electrodes Defibrillation gel Defibrillation pads Minor trauma kit - Band -Aid, 4x4, 2x2, Kerlix, tape, eye pad Per Patient 2.20 5.92 FY 13 -14 FY 14 -15 UNIT FEES FEES Per Patient 33.05 33.78 Per Patient 46.22 47.23 Each 31.84 3154 Each 2.73 2.79 Each 62.65 64.03 Each 167.40 171.08 Each 19.51 19.94 Each 3.96 4.05 Each 3.51 3.59 Each 4.51 4.61 Per Patient 74.66 76.31 Per Patient 29.37 30.02 Per Patient 28.14 28.76 Per Patient 4.52 4.62 Per Pair 50.16 51.26 Minor trauma kit - Band -Aid, 4x4, 2x2, Kerlix, tape, eye pad Per Patient 5.79 5.92 Major trauma kit - 4x4's, ABD pads, Kerlix, tape, petroleum deg Per Patient 8.52 8.71 Burn pack- Bum sheet, any size bum towel, irrigation saline Per Patient 33.05 33.78 Cold pack Each 2.95 3.01 Gloves Per Pair 1.62 1.66 Hip wrap (disposable hip splint) Each 33.44 34.17 Restraint (limb restraint) Each 2.95 3.01 Spinal Immobilization- backboard, cervical collar, StaBlock, tape Per Patient 42.85 43.79 Splint - air or cardboard Each 13.37 13.67 Vacuum Splint Each 13.38 13.68 N ADMINISTRATION Anuboard Each 5.79 5.92 IV Start - IV Start Kit, prep razor, shapsafe, connectors Each 12.87 13.15 IV Solution - 250ce Saline, tubing Each 14.66 14.98 IV Solution - 1000ce Saline, tubing Each 15.77 16.12 Needles - disposable Each 1.45 1.48 Saline lock Each 5.30 5.42 Syringe Each 2.78 2.84 MEDICATIONS Adenosine Each 29.68 30.33 Albuterol Each 2.77 2.83 Amiodarone Each 40.67 41.56 Atropine, Ampule Each 3.29 3.36 Atropine, Syringe Each 10.85 11.08 Diphenhydrandne Each 3.55 3.63 Dextrose, Syringe Each 1627 16.63 Dopamine, with drip regulator Each 8.85 9.05 Epinephrine, L 1000 amp Each 4.56 4.66 Epinephrine, 1:1000 30cc vial Each 18.98 19.40 Epinephrine, 1:10000 syringe Each 42.40 43.34 Glucagon Each 215.88 220.62 Glucose solution Each 6.33 6.47 Lidocainc Each 10.85 11.08 Morphine, amp Each 3.29 3.36 Narcan, syringe Each 45.95 46.96 Narcan, vial Each 101.02 103.24 75D,° -19 RESOLUTION 2014 -### REVENUE ACCOUNT SECTION V FIRE SERVICES 2.20 FY 13.14 FY 14 -15 UNIT FEES FEES Nitro spray Each 6.88 7.03 Normal saline l0cc vial Each 1.75 1.78 Sodium Bicarb Each 2.30 2.35 Versed Each 6.29 6.42 MISCELLANEOUS SUPPLIES Linen - Disposable sheet, gurney Each 1.28 1.31 Blanket KCD Each 17.44 17.82 Blanket, quilted (disposable) Each 22.30 22.79 Communicable Disease ICit - Personal protection pak, eye protection, vionez wipes Each 10.03 10.25 Emesis Basin - Convenience bag Each 2.23 128 Glucmmeter Strips Each 5.45 5.57 Irrigation Saline - 500cc bottle Each 3.00 3.06 N 95 Mask Each 2.62 2.68 OB Kit - Disposable OB Kt, eye protection Each 52.66 53.82 75D'�-20 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY No increase 55200 Compact Discs - Overdue /Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 Audio books - Overdue /Loss of Use Fee Per Day 0.25 025 Maximum 15.00 15.00 55200 Video Cassettes / DVDs- Overdue/1 -oss of Use Fee Per Day 1.50 1.50 *Not to exceed $15 Maximum Actual Cost* Actual Cost* 55200 Regular Books & Multi -Media Kits - Overdue/Loss of Use Fee Per Day 0.25 0.25 (Includes adult boors and children books) Maximum Actual Cost* Actual Cost* *Not to exceed $15 55200 Magazines - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximun Actual Cost Actual Cost 55200 Paperbacks - Overdue /Loss of Use Fee Per Day 0.25 0.25 ($10 or Actual Cost whichever is less) Maximum 53203 Compact Discs /Rental Per Week 0.50 0.50 Children's Per Week 0.25 0.25 53203 DVD /Video Cassettes / Rental Entertainment Per 2Weeks 2.00 2.00 Instructional & Non - Fiction Per 2 Weeks No Charge No Charge Children's Entertainment Per 2 Weeks 1.00 1.00 55201 Lost/Damaged Catalogued Materials Process Fee Each 10.00 10.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 55201 Lost/Damaged Uncandogued Materials Process Fee Each 7.00 7.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 57200 Damaged Bar Code label Per Incident 2.00 2.00 57200 Other Damaged Materials Fabric Bag (Multimedia) Per Incident 6.00 6.00 CD /DVD Pamphlet Per Incident 2.00 2.00 Video cases (Includes Bar Code Replacements) Per Incident 5.00 5.00 Cassette Cases Per Incident 1.00 1.00 CD/DVD Cases (Includes Bar Code Replacements) Per Incident 6.00 6.00 Library Card Replacement Fee Per Incident 3.00 3.00 Other Per Incident Actual Cost Actual Cost 57200 Material Recovery Surcharge Per Incident 15.00 15.00 57200 Data Base Access No Charge No Charge 57200 Reserve Postal Card Per Item 1.00 1.00 57200 Reserved /Mail Books Homebound SA Residents 1.00 1.00 Other Santa Ana Addresses 3.00 3.00 Non -Santa Ana Addresses 4.00 4.00 12 75D -2 -21 RESOLUTION 2014 -### REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICI SECTION VI LIBRARY 57200 Newspaper Search Fee 57200 Computer Rental 53200 Nonresident Library Card Fee FEES Nonresident Library Card for Employees of Santa Ana Businesses Per Search One Day Library Pass 53201 Passport Execution Fee 5.00 Digital Services Photograph Request - Non - Commercial Use Per Card jpeg images from online catalog for personal use 45.00 Tiff files /prints from existing scan 30.00 Image from previously miscarried material Per Day Image for Commercial Use 15.00 Compact Disc Fee 57200 Interlibary Loan Fee 13 75D -2 -22 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES No increase Per Search 20.00 20.00 Per Hour 5.00 5.00 Per Card 45.00 45.00 Per Card/Year 30.00 30.00 Per Day 15.00 15.00 Per Application 25.00 25.00 Per Image Free Free Per Image 5.00 5.00 Per Image 15.00 15.00 Perlmage 25.00 25.00 Per Disc 1.00 1.00 Per Request 5.00 5.00 RESOLUTION 2014 - # ## 14 75D -2 -23 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES DEFINITION OF RESIDENT For Group activities, those groups far which at least 51 % ofparticipants either live or work in the City of Santa Ana, the resident rate shall be applied. 53316 LEISURE CLASSES Variable Variable From time to time, privately taught leisure and instructional classes will be offered by various agency divisions, The announcement of same will be made by printed fliers or in the quarterly progrmn booklet mailed to registered participants. Programs so offered will be conducted in a 4 -10 week format. Charges for each class will be established by the Executive Director of Parks, Recreation & Community Services, STAFF FEES 53319 Park Facitities/ Reservation /Supervision(Mandatory) Resident/Non- Resident Per Hour 20.86 21.32 53319 Park Ranger /Security Per Hour 54.80 56.01 TBD Rate for all other Services, Labor, Material, Lost or Damaged Equipment City's Cost City's Cost 53308 SHOIFMOBILES AND OTHER EQUIPMENT Professional Commercial Rentals Per Day 400.99 409.81 Schools, Non - profit, Government Per Day 200.49 204.90 Supervision Cost (Mandatory) Per Hour 34.75 35.52 Mobile Bleacher * 4 Hour Minimum Per Hour' 34.75 35.52 Mobile Bleacher Additional Hour Per Hour 27.81 28.42 53308 Events Trailer - Tables and Chairs Tables Per Table/Day 10.43 10.66 Chairs Per Chai r /Day 1.56 1.60 ATHLETIC FIELDS AND FACILITIES 53308 Multi- Purpose Field Fees Adult Non - Resident/ Profit Per Hour 24.43 24.97 Adult Non- Residenu Non -Profit Per Hour 21.38 21.85 Adult Resident/ Profit Per Hour 15.27 15.61 Adult Resident/ Non -Profit Per Hour 12.21 12,48 53307 Youth Non- Residentl Profit Per Hour 8.89 9.09 Youth Non-Resident/Non-Profit Per Hour 5.93 6.06 Youth Resident/ Profit Per Hour 2.97 3.04 Youth Resident/ Non - Profit Per Hour 1.47 1.50 53308 Multi- Purpose Court Fees Adult Non- Res/ Profit Pa' Hour 12.21 12.48 Adult Non- Res /Non - Profit Per Hour 10.69 10.93 14 75D -2 -23 RESOLUTION 2014 -09 15 75D -2 -24 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53307 Adult Resident/ Profit Per Hour 7.64 7.81 Adult Resident/ Non - Profit Per Hour 6.11 6.24 Youth Non - Resident/ Profit Per Hour 4.58 4.68 Youth Nan- Resident/Non -Profit For Hour 3.06 3.13 Youth Resident/ Profit Per Hour 1.52 1.55 Youth Resident/ Non -Profit Per Hour 0.73 0.75 53308 DYSC Reservation Fee -No Admission Adult Non- Resident/Profit Per Hour 67.66 69.15 Adult Non - Resident/ Non- Profit Per Hour 59.21 60.51 Adult Resident/ Profit Per Hour 42.29 43.22 Adult Resident/ Non- Profit Per Hour 33.83 34.57 53307 Youth Non - Resident/ Profit P�r Hour 24.63 25.17 Youth Non- Resident/Non -Profit Per Hour 16.43 16.79 Youth Resident/ Profit Per Hour 8.21 8.39 Youth Resident/ Non - Profit Per Hour 3.94 4.03 53308 DYSC Reservation Fee- Admission Adult Non- Resident/ Profit Per Hour 96.68 98.81 Adult Non - Resident/ Non- Profit Per Hour 84.60 86.46 Adult Resident/ Profit Pe' Hour 60.43 61.76 Adult Resident/ Non- Profit For Hour 48.34 49.40 53307 Youth Non- Rosident/ Profit Per Hour N/A N/A Youth Non- Resident/Non -Profit Per Hour N/A N/A Youth Resident/ Profit Per Hour N/A N/A Youth Resident/ Non - Profit Per Hour N/A N/A DYSC Synthetic Turf Youth Field 13518783 -69011 Adult Non- Resident/ Profit Per Hour N/A N/A Adult Non- Resident/ Non - Profit Per Hour N/A N/A Adult Resident/ Profit Per Hour N/A N/A Aduh Resident /Non - Profit PerHour N/A N/A Youth Non - Resident/ Profit Per Hour 24.63 25.17 Youth Non- Resident/IVon -Profit Per Hour 16.43 16.79 Youth Resident/ Profit Per Hour 8.21 8.39 Youth Resident/ Non - Profit Per Hour 3.94 4.03 53308 Athletic Facility Lights Adult Non- Resident/ Profit Per Hour 44.00 44.97 Adult Non - Resident/ Non -Profit Per Hour 39.00 39.86 Adult Resident/ Profit Per Hour 29.00 29.64 Adult Resident/ Non -Profit Per Hour 24.00 24.53 15 75D -2 -24 RESOLUTION 2014 - # ## 16 75D -2 -25 2.20 REVENUE FY 13-14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53307 Youth Non- Resident/ Profit Per Hour 10.57 10.80 Youth Non- Resident/Non- Profit Per Hour 7.04 7.19 Youth Resident/ Profit Per Hour 3.52 3.60 Youth Resident/ Non - Profit Per Hour 1.69 1.73 53308 Reservation Cancellatimu L ansfer Fee Per Reservation 15.00 15,00 53308 Reservation No -Show Fee Per Resxvati on 25.00 25A0 53308 Reservation Permit Processing Fee Per Annual Permit 25.00 25.00 53308 Portable Restroom Fee Pat Hour 2,76 2.82 SANTA ANA STADIUM 57362 Stadiuw Sporting Event (12 -14 Hours) Fee Adult Non- Resident/ Profit Per Day 1,353.43 1,383.21 Adult Non- Resident/ Non -Profit Per Day 1,184,24 1,210.29 Adult Resident/ Profit Per Day 845.89 864.50 Adult Resident/ Non -Profit Per Day 676.71 691.60 Youth Non - Resident/ Profit Per Day 492.71 503.55 Youth Non- Resident /Non- Profit Per Day 328.47 335.70 Youth Resident/ Profit Per Day 164.24 167.85 Youth Resident/ Non - Profit Pa' Day 78.88 80.62 57362 Stadium Sporting Events Fee Adult Non- Resident/ Profit Per Hour 113,24 115.73 Adult Non - Resident/ Non- Profit Per Hour 99.08 101.26 Adult Resident/ Profit Per Hour 70.77 72,33 Adult Resident/ Non - Profit Per Hour 56.62 57.87 Youth Non - Resident/ Profit Per Hour 41.22 42.13 Youth Non- Resident/Non -Profit Per Hour 27.48 28.08 Youth Resident/ Profit Per Hour 13.74 14,04 Youth Resident/ Non- Profit Per Hour 6.60 6.75 57362 Local high schools and colleges + Security Flat Fee Per Day 1,398.88 1,429.66 57362 Playoff Games + Security Colleges, Universities, League or Conference Playoff Gaines for NCAA, ETC. Flat Fee plus security Per Day 1,731.95 1,770.05 Stadium Concession Building (see SECTION 1) 57362 Commercial Events /Admin. 7500 and over Both Grandstands Per Day 11,285.68 11,533.97 West Grandstand Only Per Day 5,642.84 5,766.98 West Grandstand and Field Level Seating Per Day 8,464.27 8,650.48 Both Grand stands and Field Level Seating Per Day 16,928.52 17,300.95 16 75D -2 -25 RESOLUTION 2014 -40 2.20% REVENUE FY 13.14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FIDES FEES SECTION -,RI PARKS, RECREATION & COMMUNITY SERVICES 57362 Commercial Events /Extra Day Move -in, if available: Flat Fee Per Day 1,112.10 1,136.56 57362 Commercial Events/Non- Spectator One to two days Per Day 1,500.00 1,500.00 Three or more consecutive days Per Day 1,200.00 1,200.00 All - inclusive rental includes basic staffing, lighting, and rental fees 57362 Events /Solicit Donations No admission charge Per Day 3,961.87 4,049.03 57362 Santa Ana Stadium - Television Rights Per Event 1,000.00 1,000.00 57362 Santa Ana Stadium Graphics Operator Per hour 80.62 82.39 53315 Santa Ana Stadium Advertising Fee (per advertiser) Group 1 Per Day N/C N/C Group 2 Per Day 42.99 43.94 Group 3 Per Day 53.74 54.93 Group 4 Per Day 64.50 65.91 Group 5 Per Day 85.99 87.88 See SECTION I, All Departments, Building Rental Fees, for group descriptions AQUATICS 53304 General Admin. Adult -Pools Fee 2.00 2.00 53304 General Admin. Child -Pools Fee 1.00 1.00 53304 Swim Lessons -Two Week Session Child Per Child 35.14 35.92 Adult Per Adult 41.01 41.91 53304 Swim Lessons: Non - Profits for Red Cross Certification Minimum 10 children with 1 adult Per Child 14.28 14.59 53304 Pools Rental, to 75 people, includes 2 Lifeguards - Day Rates Resident Per Hour 93.56 95.62 Non - Resident Per Hour 113.61 116.11 53304 Pools Rental, 75+ people, includes 3 Lifeguards - Day Rates Resident Per Hour 140.34 143.43 Non - Resident Per Hour 160.40 163.93 53304 Swim'remn monthly fee Per Child 35.14 35.92 53304 Lifeguard per additional 75 people Per Hour 20.06 20.50 Note: Pool rental charges are for nonprofit, private and swim teams. 17 75D -2 -26 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14.15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES TENNIS ILA WNBOWLING 53318 Tennis -First & Flower /weekdays 9arn -4pm Per Hour 2.00 2.00 4pm -dusk Per Hour 2.00 2.00 with lights Per Hour 4.00 4.00 53318 Tennis: Non-profit reservations per hour Resident Per Hour 1.00 1.00 Non - Resident Per Hour 2.00 2.00 57361 Santiago Lawn Bowling Greens Per Month 500.00 500.00 OTHER RECREA TTONPROGRAMS 53306 Sports, Adult Softball/Fast Pitch Per Team 608.49 621.88 Softball/Slow Pitch Per Team 448.36 458.22 Forfeit Fee, Refundable Per Team 64.05 65.46 Basketball Per Team 480.38 490.95 53306 Sports, Adult: City Soccer League -No Lights Per Game 42.79 43.73 City Soccer League- With Lights Per Game 61.12 62.46 53303 Sports, Youth: Registration for Baseball, T -Ball, Basketball, Flag football, Kiolcball, Softball, Sower, and Volleyball. Reg. per person/sport (includes T- shirt) Each 30.81 31.49 Shirt -Extra Each 10.38 10.61 Cap -Extra Each 10.38 10.61 Shirt & Cap -Extra Set 19.47 19.90 53301 Vacation Recreation Program Resident -per week Per Child 78.26 79.98 Resident Second Child- perweek Per Child 52.17 53.32 Additional Non- Resident Fee Per Registration 13.36 13.66 Resident -per day (two day minimum) Per Child 15.65 16.00 53301 Family PRIDE Fees Excursion Bus Fees Per Child 2.46 2.52 Per Adult 3.71 3.79 Family Annual Membership Fee Per Family 61.68 6104 Campout Per Family 30.83 31.51 Halloween Dance Per Child 1.23 1.26 Per Adult 3.71 3.79 Christmas Dinner Per Child 6.16 6.30 Per Adult 8.64 8.83 Parent Dinner Danoe Per Person 18.51 18.91 Per Couple 30.83 31.51 Teen Club Antral Membership Per Member 18.51 18.91 Teen Dace Per Person 3.71 3.79 18 75D -2 -27 RESOLUTION 2014 -009 2,20 REVENUE FY 13-14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53301 Excursion Bus Fee Per Child 3.71 3.79 Per Adult 6.16 630 SANTA ANA ZOO AT PRENTICE PARK 53312 Zoo Admissions (Full -day) No increase Adult Each 10.00 10.00 Child /Senior Each 7.00 7.00 Friends of Zoo Each Free Free Groups: Adult (w/ schools, scouts, etc.) Each 8.00 8.00 Child /Senior Each 5.00 5.00 53312 Zoo Admissions (Half -day, after 2 :00 PM, Monday - Friday, Except Holidays) Adult Each 6.00 6.00 Child /Senior Each 4.00 4.00 53310 Zoo Education Programs: Rates to be established and advertised by the Executive Director of Recreation & Community Services Agency, through fliers or other media. JOINT USE FEES 57390 Hector Godinez Reservation Surcharge Per Reservatl on 10.00 10.22 57390 Hector Godinez Field Lights Per Hour N/A N/A Football Field Per Hour 12.00 12.26 Baseball Field Per Hour 16.00 16.35 Soccer Field Per Hour 12.00 12.26 Classroom Per Hour 2.00 2.04 Gymnasium Per Hour 21.00 21.46 Performing Arts Center Per Hour 49.00 50.08 Black Box Per Hour 11.00 11.24 Outdoor Basketball Per Hour 4.00 4.09 57390 Hector Godinoz Participant Fee Per Partia pant 1.00 1.02 OTHER SPECIAL FEES 05113002 -53317 Adult Sower Reservation Surcharge Per Game 28.18 28.80 05113002 -53317 Adult Baseball Reservation Surcharge Per Game 18.00 18.40 51301 Filming Permit Fee Per Day 394.68 403.36 Program administered by Parks, Recreation & Community Services 53308 Park Facilities /Reservation /Audio Permits Resident Each 41.71 42.62 Non- Resident Each 55.61 56.84 53308 Public Space Special Event Fee First Event Day Group 1 City Sponsored Event Each NC NC Group Resident Non-Profit Each 66726 681.94 19 75D -2 -28 RESOLUTION 2014 -0# REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS PEE OR SERVICE SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Group 3 Non Resident Non- Profit Gronn4 Resident Commercial Group 5 Non Resident Commercial Each Additional Day Group 1 City Sponsored Event Group 2 Resident Non- Profit Group 3 Non Resident Non -Profit Group 4 Resident Commercial Group 5 Non Resident Commercial See SECTION I, All Departments, Building Rental Pees, for group description 99810002 -57391 Park Facilities Deposit The appropriate depositfor each facility will be determined by the Executive Director of Parks, Recreation and Community Services TBD Other Recreation and Aquatic Programs Rates to be established and advertised by the Executive Director ofParks, Recreation and Community Services Agency through fliers or other media. 30113002 -53300 Park Acquisition and Development Pees 2,20 FY 13 -14 FY 14 -15 UNIT FEES FEES Each 1,000.89 1,022.91 Each 1,167.71 1,193.40 Each 1,668.16 1,704.86 Per Day NC NC Per Day 200.18 204.59 Per Day 300.27 306.88 Per Day 350.32 358.03 Per Day 500.45 511.46 100.00 to Per Reservation 100.00 to 500.00 500.00 5 bedrooms Each 6,327.80 6,467.01 4 bedrooms Each 5,687.55 5,812.67 3 bedrooms Each 5,136.51 5,249.51 2 bedrooms Each 3,828.44 3,912.67 1 or less Each 2,873.30 2,936.51 20 75D -2 -29 RESOLUTION 201440 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 57770 Accelerated Records Research Fee Per Hour 61.20 62.55 53606 Adult Entertainment Land Use Permit Fee 1,414.06 1,445.16 57770 Aerial Photos Individual Sheets Per Sheet 24.26 24.79 Complete Set Per Set 738.43 754.68 53606 Appeal Applicant Each 3,671.10 3,751.87 Non - Applicant Each 365.20 373.24 53606 Certificate of Compliance Certificate 1,065.35 1,088.79 51605 Certificate of Occupancy (Planning & Inspection) Certificate 399.79 408.59 53606 Amendment Application (A.A.) Change of Zone or District Fee 4,581.09 4,681.87 53613 Change of Site Address Request Fee 1,030.59 1,053.27 53606 Conditional Use Permit Application Fee Fee 4,924.40 5,032.74 53606 Condition Modification Fee 50% App. Fee 50% App. Fee 53606 Conditional Use Permit With aPC &N Determination (ABC License) Fee 4,383.59 4,480.02 53606 Conditional Use Permit Planned Residential Development Application Fee Fee 7,830.13 8,002.39 53606 Conditional Use Permit (CUP) - Coffee House Entertainment CUP Fee 4,602.58 4,703.84 53606 Development AgreemenuReview Deposit: (Nonrefundable deposit required initially) Deposit 11,506.29 11,759.43 Plus Reimburse City for Actual Cost 53606 General Plan Amendment Flat Filing Fee Flat Fee 8,253.83 8,435.42 57770 General Plan Elements ('Text) Per Set Actual Cost Actual Cost 57770 General Plan (Complete Text) Per Set Actual Cost Actual Cost 57770 General Plan Workbooks Per Set Actual Cost Actual Cost 53613 Land Use Certificate Category 1 Bazaars, Fiestas, Sidewalk Sales, Outdoor Auctic Per Certificate 350.43 358.14 Child Care (8 -14 children), Ancillary Massage 53613 Category 2 Sidewalk Sales, Parking Lot Sale, Outdoor Actions, Mobile Medical and Veterinary units, Outdoor Booths Per Certificate 350.43 358.14 53613 Category 3 21 75D -2 -30 RESOLUTION 2014 44# REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION VIII PLANNING & BUILDING AGENCY Carnival, Circus, Outdoor Music, Concert, Arcade, ABC Licenses Flat Fee 53613 Category 4 Antennas /Dishes Flat Fee 53613 Category 5 Exterior Telephones (Pay Phones) First Pay Phone Per Additional Pay phone 53613 Category 6 Small Collection (Recycling) Facilities 53613 Entertainment Permit Category 2 Amplified music, dancing, Entertainment ends by 12:00 a.m. (midnight) Category 3 Amplified music, dancing, Entertainment ends by 12:00 a.m. (midnight) Category 4 Amplified music, dancing, Entertainment ends after 12:00 a.m. (midnight) 57770 Land Use Map 53605 Landscape Plan Review Residential Projects Non - Residential Projects Per Inspection after the 2nd Inspection 53606 Lot Line Adjustment Filing Fee 53606 Minor Exception Filing Fee 53613 Home Occupation Permit 53613 New Single Family Residence Review 53613 Off- Premise Advertising Permit Application Fee 53606 Parcel Map Extension Tentative Flat Filing Fee Plus per Lot Fee 5407 Parcel Voluntary Merger Application Fee 53606 Residential Relocation Filing Fee 2.20 FY 13 -14 FY 14 -15 UNIT FIDES FEES Per Certificate 628.41 642.24 Per Certificate 652.67 667.03 Fee 545.77 557.78 Each 162.46 166.04 Fee 910.39 930.42 Each 350.43 358.14 Each 350.43 358.14 Each 628.41 642.24 Per Map Actual Cost Actual Cost Fee 604.46 617.76 Fee 1,352.39 1,382.15 Fee 451.49 461.42 Fee 1,172.71 1,198.51 Fee 2,274.81 2,324.85 Fee 247.92 253.37 Fee 1,275.39 1,303.45 Fee 4,808.29 4,914.07 Fee 20% App. Fee 20% App. Fee Fee 3,972.66 4,060.06 Fee 16.90 17.28 Fee 2,267.01 2,316.88 Fee 3,620.45 3,700.10 22 75D -2 -31 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FE SECTION VIII PLANNING & BUILDING AGENCY 53613 57770 53613 53613 53606 53613 53606 53613 53613 57770 53616 53606 53606 57770 53606 Second Dwelling Unit Review Sectional Districts Maps Individual Sheets FY 14 -15 Complete Set FEES Sign Permit Review Planned Sign Program Review Regional Planned Sign Progam 1,937.87 Sign Program Amendment Per Map Specific Development Zone Actual Cost Fee (No Additional Dwelling Unit Pee) Temporary Sign Pemrit Fee Temporary Trailer Permit 449.59 Subdivision Ordinance 495.78 Site Plan Review Fee S.F. RANGE BASE COST 1 - 999 s.f .............. 4,035.00 1,000 - 1,999 s.f ...... 4,947.50 2,000 - 4,499 s.f ...... 8,596.50 4,500 - 9,999........... 13,785.60 10,000 - 19,999........ 20,283.80 20,000 - 49,999........ 26,783.10 50,000 - 99,999....... 33,729.70 100,000+ s.f........... 40,428.30 Tract Map Tentative Filing Fee Plus Each Lot Plus Each Dwelling Unit Underground Utilities Waiver Flat Filing Fee Zoning Ordinance Booklets Variance Filing Fee Condition Modification ADDITIONAL SQUARE FOOTAGE plus [5.05 x sq. footage above l sq. ft.] plus [3.72 x sq. footage above 1,000 sq. ft.] plus [2,11 x sq. footage above 2,000 sq. ft.] plus [ 1.20 x sq. footage above 4,500 sq. ft.] plus [0.66 x sq, footage above 10,000 sq, ft plus [0,24 x sq. footage above 20,000 sq. ft plus [0.13 x sq, footage above 50,000 sq. ft plus [0.06 x sq, footage above 100,000 sq. Fee 4,295.60 Fee 16.90 Fee 16.90 Fee 446.22 Per Booklet City's Cost 23 75D -2 -32 Fee 4,776.94 Fee 50% App. Fee 4,123.80 5,056.40 8,785.60 14,088.90 20,730.00 27,372.30 34,471.80 41,317.70 4,390.11 17.28 17.28 456.04 City's Cost 4,882.03 50% App. Fee 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES Fee 1,937.87 1,980.50 Per Map Actual Cost Actual Cost Per Set Actual Cost Actual Cost Fee 439.92 449.59 Fee 495.78 506.69 Fee 4,924.40 5,032.74 Fee 50% App. Fee 50% App. Fee Fee 14,588.02 14,908.96 Fee 143.47 146.63 Fee 55424 562.34 Each City's Cost City's Cost ADDITIONAL SQUARE FOOTAGE plus [5.05 x sq. footage above l sq. ft.] plus [3.72 x sq. footage above 1,000 sq. ft.] plus [2,11 x sq. footage above 2,000 sq. ft.] plus [ 1.20 x sq. footage above 4,500 sq. ft.] plus [0.66 x sq, footage above 10,000 sq, ft plus [0,24 x sq. footage above 20,000 sq. ft plus [0.13 x sq, footage above 50,000 sq. ft plus [0.06 x sq, footage above 100,000 sq. Fee 4,295.60 Fee 16.90 Fee 16.90 Fee 446.22 Per Booklet City's Cost 23 75D -2 -32 Fee 4,776.94 Fee 50% App. Fee 4,123.80 5,056.40 8,785.60 14,088.90 20,730.00 27,372.30 34,471.80 41,317.70 4,390.11 17.28 17.28 456.04 City's Cost 4,882.03 50% App. Fee RESOLUTION 201440 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 53607 Environmental Impact Report Environmental hnpact Repot - In -House Fee 95,754.19 97,860.79 Environmental Impact Report - With Consultant 10% of Consultant fee 53607 Negative Declaration - In -House Fee 62,518.16 63,893.56 Negative Declaration - With Consultant 10% of Consultant fee Negative Declaration - Without Studies Fee 6,866.41 7,017.47 53607 Categorical Exemption / Environmental Determination Each 546.45 558.47 53606 tnclusionary Housing Agreement - In -lieu Fee Calculation Fee 10% Consultant Fee 10% Consultant Fee 5406 Mobile Vending Fee Each 498.97 509.95 55601 Vendor Merchandise Release Fee Street/pushcart vendors Incident 157.19 160.65 51601 Re- Inspection Fees First assessment Each 78.57 80.29 Second assessment Each 116.03 118.58 Third assessment Each 157.19 160.65 51601 Extension Fee (Notice of Violation) Each 233.16 238.29 5579 Dangerous and Abandoned Building Fee Fee 40% of board up fee 40% of board up fee or $205, whichever or $205, whichever is greater. is greater, 57770 Nonconforming Status / Zoning Verification Letter Each 511.65 522.91 53418 Code Enforcement and Hearing Examiner Fee Per Hour 116.03 118.58 53418 Monitoring Fee Per Hour 132.41 135.32 Minimum 132.41 13532 53606 Public Convenience & Necessity Determination Per Application 4,963.35 5,072.54 53618 Accelerated Development Project Review Each City's Cost City's Cost 53612 Mitigation Monitoring Fee due upon submission of site plan review Per Project 406.16 415.09 Fee due upon submission for Plan Check Per Project 859.73 878.65 53606 Historic Property Preservation Agreement Each 3,935.87 4,022.46 (Mills Act Application) 53606 Historic Exterior Modification (HEMA) Each 1,949.49 1,992.38 53060 Self - nomination of properties to the Santa Ana Register of Each 5,015.05 5,125.38 Historical Properties 57770 Sale of Miscellaneous Items City's Cost City's Cost (e.g, Informational Literature) 53614 Shopping Cart Containment Program Annual Fee 619.23 632.85 55402 Commercial Vehicle Violation: Private Property 24 75D -2 -33 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14.15 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY First Violation 69.65 71.18 Second Violation 105.49 107.81 Third Violation 131.89 134.79 Pursuant to SAMC Sec 41- 6071(h) 55000 Cornmercial Vehicle Violation: Public Streets First Violation 69.65 71.18 Second Violation 105.49 107.81 Third Violation 131.89 134.79 Pursuant to SAMC Sec 41- 6071(h) Program administered by Police Department 55402 Yard Parking Violation First Violation 69.65 71.18 Second Violation 105.49 107.81 Third Violation 131.89 134.79 Pursuant to SAMC Sec 41- 607l(e) 55402 Displaying Vehicle For Sale First Violation 69.65 71.18 Second Violation 105.49 107.81 Third Violation 131.89 134.79 Pursuant to SAMC Sec 41- 1301(a) Per Resolution 2009 -18 projects prior to May 18, 2009, are subject to the following fees: 53606 Conditional Use Permit Application Fee Fee 2,674.22 2,733.05 Appeal Fee Fee 2,009.60 2,053.81 Condition Modification Fee 1,323.91 1,353.03 53606 Conditional Use Permit With a PC&N Determination (ADC License) Fee 2,674.22 2,733.05 53606 Conditional Use Permit Planned Residential Development Application Fee Fee 3,344.05 3,417.61 Appeal Fee Fee 2,500.12 2,555.12 53606 Conditional Use Permit (CUP) - Coffee House Entertainment CUP Fee 215.99 220.74 53606 Development AgreemenUReview Deposit: (Nonrefundable deposit required initially) Deposit 4,261.84 4,355.61 Plus Reimburse City for Actual Cost 53606 General Plan Amendment Flat Filing Fee Flat Fee 3,344.05 3,417.61 53605 Landscape Plan Review Residential Projects Fee 145.56 148.76 Non - Residential Projects Fee 363.95 371.96 Per Inspection after the 2nd Inspection Fee 69.08 70.60 25 75D -2 -34 RESOLUTION 201440 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FE SECTION VIII PLANNING & BUILDING AGENCY 53606 Lot Line Adjustment Fee Filing Fee "743.91 Appeal Fee 53606 Minor Exception Fee Filing Fee 743.91 Appeal Fee 53606 Parcel Map Fee Extension 1,277.59 Tentative 25.78 Flat Filing Fee Fee Plus per Lot Fee 959.54 Appeal Fee 53606 Parcel Voluntary Merger Application Fee 53606 Tract Map 2,991.80 Tentative 33.65 Filing Fee Fee Plus Each Lot 80.29 Plus Each Dwelling Unit 2,210.04 Appeal Fee Fee Extension Fee 53606 Variance Filing Fee Appeal Fee Condition Modification 53618 DP Fee (Project Coordination Charge) 53607 Environmental hnpact Report 53607 Negative Declaration with studies and mitigation (Requiring Traffic Study) 2.20% FY 13 -14 FY 14.15 UNIT PEES FEES Fee 1,244.82 1,272.20 Fee 727.90 "743.91 Fee 991.63 1,013.45 Fee 727.90 743.91 Fee 241.55 246.86 Fee 1,250.08 1,277.59 Fee 25.78 26.34 Fee 938.88 959.54 Fee 1,244.82 1,272.20 Fee 2,927.40 2,991.80 Fee 33.65 34.40 Fee 78.57 80.29 Fee 2,210.04 2,258.66 Fee 247.92 253.37 Fee Fee Fee Bldg. Valuation Fee 26 75D -2 -35 Fee 2,674.22 2,009.60 1,323.91 Minhmmn nonrefundable deposit of $12,342.75 or 10% of consultant fees whichever is greater, plus reimbursement to the City for any other additional costs accrued. Minimum nonrefundable deposit of $6,149.98 or 10% of consultant fees whichever is greater, plus rehnburseanent to the City for any other additional costs accmed. 2,733.05 2,053.81 1,353.03 12,614.29 6,285.28 RESOLUTION 2014 -40 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS PEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 53607 Negative Declaration with studies and mitigation Fee Minhn an (No Traffic Study) nomefandable deposit of $3,08021 3,147.97 or 10% of consultant fees whichever is greater, plus reimbursement to the City for any other additional costs accrued. 53607 Negative Declaration without studies Each 814.40 832.32 53618 Accelerated Development Project Review Each City's Cost City's Cost 57770 Sale of Miscellaneous Items City's Cost City's Cost (e.g, Informational Literature) 27 75D -2 -36 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May I8, 2009, shall be subject to the fees indicated in Resolution 2009 -018 53600 1) 10,000 s/fw /o interior improvements- Structural Plan Cheek sq. ft. $0.86 $0.88 51601 2) 10,000 s /fw /o interior improvements- Structural Plan Inspection sq. ft. $0.24 $0.24 see individual see individual 51602 3) 10,000 sf w/o interior improvements - EMP Insp than schedule item schedule 51603 51604 see individual see individual 53601 4) 10,000 sf w/o interior improvements - EMP Plan Check item schedule item schedule 53602 53603 53600 5) 60,000 sf w/o interior improvements - Structural Plan Check sq. ft. $0.08 $0.08 51601 6) 60,000 sf w/o interior improvements - Structural Insp sq. ft. $0.08 $0.08 see individual see individual 51602 7) 60,000 sf v /o interior improvements - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 8) 60,000 sf w/o interior improvements -EMP Plan Check item schedule item schedule 53602 53603 53600 9) 100,000 sf w/o interior improvements - Structural Plan Check sq, ft. $0.07 $0.07 51601 10) 100,000sfw/o interior improvements - Structural Insp sq. ft. $0.12 $0.13 see individual see individual 51602 11) 100,000 at w/o interior improvements - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 12) 100,000 sf w/o interior improvements - EMP Plan Check item schedule item schedule 53602 53603 53600 13) 10,000 sf with interior improvements - Structural Plan Cheek sq, 11. $1.17 $1.20 51601 14) 10,000 sfwith interior irnprovements - Structural Insp sq. ft. $0.33 $0.34 75D 21 -37 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION IN PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51602 15) 10,000 sf with interior improvements - EMP Insp 51603 51604 53601 16) 10,000 9f with interior improvements - EMP Plan Check 53602 53603 53600 17) 60,000 sf with interim' improvements - Structural Plan Check 51601 18) 60,000 sf with interior improvements - Snvctural Insp 51602 19) 60,000 sf with interior improvements -EMP Insp 51603 51604 53601 20) 60,000 at with interior improvements -EMP Plan Check 53602 53603 53600 21) 100,000 sf with interior improvements - Structural Plan Check 51601 22) 100,000 sf with interior improvements - Structural Insp 51602 23) 100,000 sf with interior improvements - EMPinsp 51603 51604 53601 24) 100,000 sf with interior improvements- EMP Plan Check 53602 53603 53600 25) High Rise, 5 Stories or more - Structural Plan Check 51601 26) High Rise, 5 Stories or more- Structural Insp 51602 27) High Rise, 5 Stories or more -EMP Insp 51603 51604 75D21 -38 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES see individual see individual item schedule item schedule see individual see individual item schedule item schedule sq. ft. $0.08 $0.08 sq. ti. $0.14 $0.15 see individual see individual item schedule item schedule see individual see individual item schedule item schedule sq, 11. $0.11 $0.12 sq. ft. $0.14 $0.15 see individual see individual item schedule item schedule see individual see individual item schedule item schedule assumes 50k sq. ft. $0.79 $0.81 assumes 50k sq. ft. $0.23 $0.23 see individual see individual item schedule item schedule RESOLUTION 201444# see individual see individual 53601 32) 2,500 sf Residential SFD - EMP Plan Check item schedule item schedule 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT PEES FEES SECTION IX PLANNING & BUILDING AGENCY 34) Apartment, 10 units- Structural Insp assumes 10k sq, ft. $0.22 $0.22 Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 see individual see individual 51602 35) Apartment, 10 units - EMP Insp itern schedule item schedule see individual see individual 53601 28) High Rise, 5 Stories or more - EMP Plan Check 51604 item schedule item schedule 53602 53603 53600 29) 2,500 sf Residential 2 story STD - Structural Plan Check sq. ft. $2.04 $2.09 If single story sq. ft. $0.93 $0.96 If repeat sq. ft. $0.47 $0.48 51601 30) 2,500 sfResidential SFD - Structural map sq, ft. $0.53 $0.55 see individual see individual 51602 31) 2,500 sfResidential SFD -EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 40) HoteVMotel, 20 units - EMP Plan Check item schedule item schedule 53602 53603 75D2 -39 see individual see individual 53601 32) 2,500 sf Residential SFD - EMP Plan Check item schedule item schedule 53602 53603 53600 33) Apartment, 10 units - Structural Plan Check assumes l Ok sq. ft. $0.93 $0.96 51601 34) Apartment, 10 units- Structural Insp assumes 10k sq, ft. $0.22 $0.22 see individual see individual 51602 35) Apartment, 10 units - EMP Insp itern schedule item schedule 51603 51604 see individual see individual 53601 40) HoteVMotel, 20 units - EMP Plan Check item schedule item schedule 53602 53603 75D2 -39 see individual see individual 53601 36) Apartment, 10 units - EMP Plan Check item schedule item schedule 53602 53603 53600 37) Hotel /Motel, 20 units- Structural Plan Check assumes l 5k sq. ft. $1.01 $1.03 51601 38) Hotel/Motel, 20 units - Structural Insp assumes 15k sq. ft. $0.39 $0.40 see individual see individual 51602 39) HoteVMotel, 20 units -T.MP Iasp item schedule item schedule 51603 51604 see individual see individual 53601 40) HoteVMotel, 20 units - EMP Plan Check item schedule item schedule 53602 53603 75D2 -39 RESOLUTION 201440 see individual see individual 53601 50) Addition: up to 1,500 sf Resid tat floor -EMP Plan Check 2.20 REVENUE 53602 FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS PEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51) Addition: up to 500 at Resid 2nd floor - Structural Plan Check sq. ft, $3.19 Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 52) Addition: up to 500 if Resid 2nd floor - Structural Insp sq. ft. $1.62 53600 41) Misc Resid. StrucNre: Patio Cover /Garage - Structural Plan Check sq. ft. $0.33 $0.34 51601 42) Misc. Resid. Structure: Patio Cover/ Garage - Structural Insp sq, ft. $0.34 $0.35 item schedule 51603 see individual see individual 51602 43) Misc, Resid. Structure: Patio Coved Garage - EMP Insp item schedule item schedule 51603 53600 54) Addition: up to 1,500 sf Resid 2nd floor - Structural Plan Check sq. it. $2.08 51604 51601 55) Addition: up to 1,500 sf Resid 2nd floor - Structural Insp sq. ft. $0.91 53600 44) Addition: up to 500 sf Resid 1st floor - Structural Plan Check sq. ft. $1.16 $1.19 51601 45) Addition: up to 500 sf Resid tat floor - Structural Insp sq. ft. $0.93 $0.96 item schedule 51603 see individual see individual 51602 46) Addition: up to 500 sf Resid tat floor - EMP Insp item schedule item schedule 51603 51604 53600 47) Addition: up to 1,500 sf Resid 1st floor - Structural Plan Check sq. 11. 0,93457 $0.96 51601 48) Addition: up to 1,500 sf Resid tat floor - Structural Insp sq, fl. 0,78052 $0.80 see individual see individual 51602 49) Addition: up to 1,500 sf Resid 1st floor- EMP Insp item schedule item schedule 51603 51604 75D31 -40 see individual see individual 53601 50) Addition: up to 1,500 sf Resid tat floor -EMP Plan Check item schedule item schedule 53602 53603 53600 51) Addition: up to 500 at Resid 2nd floor - Structural Plan Check sq. ft, $3.19 $3.26 51601 52) Addition: up to 500 if Resid 2nd floor - Structural Insp sq. ft. $1.62 $1.66 see individual see individual 51602 53) Addition: up to 500 sf Resid 2nd floor - EMP Insp item schedule item schedule 51603 51604 53600 54) Addition: up to 1,500 sf Resid 2nd floor - Structural Plan Check sq. it. $2.08 $2.13 51601 55) Addition: up to 1,500 sf Resid 2nd floor - Structural Insp sq. ft. $0.91 $0.93 see individual see individual 51602 56) Addition: up to 1,500 sf Resid 2nd floor -EMP Insp item schedule item schedule 51603 75D31 -40 RESOLUTION 2014 -09 REVENUE ACCOUNT DCPARTNI ENT /MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51604 53601 57) Addition: up to 1,500 sfResid 2nd floor -EMP Plan Check 53602 53603 53600 58) Swimming Pool, 350 sf- Structural Plan Check 51601 59) Swimming POOL, 350 sf - Structural Insp 51602 60) Swimming Pool, 350 sf -EMP Insp 51603 51604 53601 61) Swimming POOL, 350 sf -EMP Plan Check 53602 if 53603 $0.25 53600 62) Fence (wood), 201f- Structural Plan Check 51601 63) Fence (wood), 201f- Structural Insp 53600 64) Retaining Wall, 201f- Structural Plan Check 51601 65) Retaining Wall, 201f- Structural Insp 53600 66) TI, 4,000 all - Structural Plan Check 51601 67) TI, 4,000 sf- Structural Insp 51602 68) TI, 4,000 sf -EMP Insp 51603 51604 53601 69) TI, 4,000 sf - EMP Plan Chock 53602 53603 53600 70) TI, 8,000 sf- Structural Plan Check 51601 71) TI, 8,000 sf- Structural Insp 75D-3' 41 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES see individual see individual item schedule item schedule sq. ft. $0.47 $0.48 sq. ft. $0.51 $0.52 see individual see individual item schedule item schedule see individual see individual item schedule item schedule If $0.33 $0.34 if $0.24 $0.25 If $0.34 $0.35 If $0.33 $0.34 sq, 11. $0.30 $0.31 sq. ft. $0.21 $0.21 see individual see individual item schedule item schedule see individual see individual item schedule item schedule sq. ft. $0.24 $0.25 sq. ft. $0.12 $0.13 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51602 72) TI, 8,000 sf -EMP Insp 51603 51604 53601 73) TI, 8,000 sf- EMP Plan Check 53602 53603 53600 74) TI, 12,000 sf - Structural Plan Check 51601 75) TI, 12,000 sf- Structural Insp 51602 76) TI, 12,000 sf -EMP Insp 51603 51604 53601 77) TI, 12,000 sf- EMP Plan Check 53602 53603 53600 78) TI, 20,000 sf- Structural Plan Check 51601 79) TI, 20,000 sf- Structural Insp 51602 80) TI, 20,000 sf- EMP Insp 51603 51604 53601 81) TI, 20,000 sf- EMP Plan Check 53602 53603 53600 82) Resid. Misc (window, door, etc.) - Structural Plan Check 51601 83) Resid. Misc (window, door, etc) - Inspection 53600 84) Comm. Misc (storage rack) - Structural Plan Check nt 51601 85) Camp. Mise (storage rack) - Structural Insp 51602 86) Comma. Misc (storage rack) -EMP Insp 51603 75D-31 42 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES see individual see individual item schedule item schedule see individual see individual item schedule item schedule sq. ft. $0.22 $0.23 sq. ft. $0.08 $0.09 see individual see individual item schedule item schedule see individual see individual item schedule item schedule sq. ft. $0.17 $0.18 sq, ft. $0.10 $0.11 see individual see individual item schedule item schedule see individual see individual item schedule item schedule flat $497.28 $508.22 flat $366.41 $374.47 flat $956.25 $977.29 flat $515.04 $526.37 see individual see individual item schedule item schedule RESOLUTION 2014 - # ## see individual 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY item schedule Projects prior to May 18, 2009, shad/ be subject to the fees indicated in Resolution 2009 -018 51604 see individual see individual 53607 99) Demolition -EMP Plan Check item schedule item schedule 53602 53603 53600 100) 400 sfT1 and Seismic Reinforcement- Structural Plan Check sq. 11. $0.47 $0.48 51601 101) 400 at TI and Seismic Reinforcement - Structural Insp sq.f. $0.37 $0.38 75D31 -43 see individual see individual 53601 87) Contra. Mite (storage rack) - EMP Plan Check item schedule item schedule 53602 item schedule 53602 53603 53603 53600 88) Commercial Sign - Structural Plan Check hourly $191.63 $195.84 51601 89) Commercial Sign - Structural Insp hourly $138.22 $141.26 $195.84 51601 see individual see individual 51602 90) Commercial Sign - EMP Insp item schedule item schedule 51603 $191.63 $195.84 51601 51604 hourly $138.22 $141.26 see individual see individual 53607 99) Demolition -EMP Plan Check item schedule item schedule 53602 53603 53600 100) 400 sfT1 and Seismic Reinforcement- Structural Plan Check sq. 11. $0.47 $0.48 51601 101) 400 at TI and Seismic Reinforcement - Structural Insp sq.f. $0.37 $0.38 75D31 -43 see individual see individual 53601 91) Commercial Sign - EMP Plan Check item schedule item schedule 53602 53603 53600 92) Residential Re- roof - Structural Plan Check hourly $191.63 $195.84 51601 93) Residential Re- roof - Stucural hsep hourly $138.22 $141.26 53600 94) Commercial Re- roof - Structural Plan Check °t hourly $191.63 $195.84 51601 95) Connnereial Re- roof - Structural Insp hourly $138.22 $141.26 53600 96) Demolition- Structural Plan Check hourly $191.63 $195.84 51601 97) Demolition - Structural Insp hourly $138.22 $141.26 see individual see individual 51602 98) Demolition -EMP Insp item schedule item schedule 51603 51604 see individual see individual 53607 99) Demolition -EMP Plan Check item schedule item schedule 53602 53603 53600 100) 400 sfT1 and Seismic Reinforcement- Structural Plan Check sq. 11. $0.47 $0.48 51601 101) 400 at TI and Seismic Reinforcement - Structural Insp sq.f. $0.37 $0.38 75D31 -43 RESOLUTION 201440 2,20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IS PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 see individual see individual 53601 102) 400 sf Tl and Seismic Reinforcement - EMP Plan Check item schedule item schedule 53602 53603 53600 103) Seismic Reinforcement Only sq. ft. same as TI rates same as TI rates 53600 104) Parking Lot- 20 or fewer spaces Restriping - Structural Plan Check per space $1.87 $1.91 51601 105) Parking Lot- 20 or fewer spaces Restriping - Inspection per space $1.87 $1.91 53600 106) Parking Lot - >20 spaces Resurface - Structural Plan Check per space $1.87 $1.91 51601 107) Parking Lot - >20 spaces sf Resurface -Insp perspaee $1.87 $1.91 51601 108) Minimum Fee- Inspection flat $138.22 $141.26 51602 51603 51604 53600 109) Minimum Pee - PlanCheck hourly, min 1/2 hr $191.63 $195.84 53601 53602 53603 51601 110) Re- inspection hourly $138.22 $141..26 51602 51603 51604 53600 111) Prelim Plan Check Review -per hour °j hourly $191.62 $195.83 53601 53602 53603 53600 112) Energy PC -4,000 sf, sq. ft. $0.09 $0.10 53600 113) Energy PC- 8,000 sf sq. ft. $0.09 $0.10 53600 114) Accessibility PC - 4,000 sf- Structural Plan Check sq. ft. $0.14 $0.15 51601 115) Accessibility PC -4,000 sf - Inspection sq, ft. $0.04 $0.05 53600 116) Accessibility PC - 8,000 sf- Structural Plan Check sq, ft. $0.09 $0.10 51601 117) Accessibility PC -8,000 sf - Inspection sq. fit $1103 $0.04 75D31 -44 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS PEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 53600 118) Change of Use Is deposit $700.15 $715.55 53600 119) Code Modification- simple flat $764.63 $781.45 53601 53602 53603 53600 120) Code Modification - moderate flat $1,529.26 $1,562.91 53601 53602 53603 53600 121) Code Modification- complex flat $3,058.53 $3,125.82 53601 53602 53603 53600 122) Notice of Violation- Structural Plan Check New hourly $191.63 $195.84 51601 123) Permit Issuance Fee -EMP and Misc. Building flat $47.48 $48.52 51602 51603 51604 51601 124) Permit Issuance Fee- Residential and Non Residential flat $126.62 $129.40 51600 125) Permit Issuance Fee- General Plan Update surcharge p flat $19.04 $19.46 51601 126) Permit Renewal /Extension Fee flat $0.00 $70.63 51602 (per permit renewed or extended) 51603 51604 53600 127) SolarPanel - Structural Plan Check $191.62 $195.83 51601 12S) SolarPanel - Inspection Residential $282.27 $288.48 51601 129) Solar Panel-Inspection Commercial $850.62 $869.34 51601 130) Field Plan Check- subject to field Structural Plan Check hourly $138.22 $141.26 53600 131) Cell Tower- Structural Plan Check hourly $191.62 $195.83 53600 132) Deferred Submittal - Structural Plan Chock hourly $191.62 $195.83 75D x-45 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT PEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to thefees indicated in Resolution 2009 -018 53600 133) Rooftop equipment - Structural Plan Check hourly $191.62 $195.83 53600 134) Equipment Changeout- Structural Plan Check hourly, min 1/2 hr $191.62 $195.83 53600 135) Dust Collecting - Structural Plan Check hourly $191.62 $195.83 53600 136) Above /Below Ground Tank- Structural Plan Check hourly $191.62 $195.83 53600 137) Trash Enclosures- Structural Plan Check flat $191.62 $195.83 53600 138) Lighting Standards - Structural Plan Check hourly, min 1/2 hr $191.62 $195.83 51601 139) Lighting Standards - Inspection hourly $138.22 $141.26 53600 140) Pedestrian Protection- Structural Plan Check hourly, min 1/2 by $191.62 $195.83 51601 141) Pedestrian Protection - Inspection hourly, min 2hr $138.22 $141.26 53600 142) Security Card Reader- Structural Plan Check hourly, min 1/2 hr $191.62 $195.83 53600 143) Fire Damage Repair, Structural - Plan Check hourly $191.63 $195.84 51601 144) Certificate of Occupancy inspection flat $34.58 $35.34 51601 145) 'Temporary Certificate of Occupancy flat $415.94 $425.09 53600 146) Revision - Structural Plan Check a hourly, min 1/2 hr $191.62 $195.83 53601 147) Revision -EMP Plan Cheek hourly, min 1/2 by $191.62 $195.83 53602 53603 51601 148) Special Inspection hourly $138.22 $141.26 51602 51601 149) Relocation Inspections Main building or structure Each $420.81 $430.07 Accessory structure Each $83.47 $85.31 Inspection for structures located outside of the City Per Mile $0.82 $0.84 Travel time Per Hour $83.47 $85.31 53600 150) Misc. Non- resid. Structures: 200 sf Patio Cover - Structural sq. ft. $0.37 $0.38 Plan Check 51601 15 1) Misc. Non Resid. Structures: 200 sfPatio Cover - Structural map sq. ft. $0.33 $034 75D-31 46 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 see individual 51602 152) Misc. Non Resid. Structures: 200 s£ Patio Cover- EMP Insp see individual item schedule item schedule 51603 51604 57600 153) Accelerated Plan Check Fee hourly $122.81 $125.51 51601 154) Appeals Each $1,167.81 $1,193.50 The fee for an appeal of a wiling of the Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the time of filing of the appeal. 51601 155) Change of incorrect address Each Project $57.02 $58.27 51601 156) Change of owner or contractor Each Project $57.02 $58.27 51601 157) Flood plain construction standards variances Each $252.10 $257.64 51601 158) Expedited copy request Per Hour $57.02 $58.27 51601 159) Penalty Fees in addition to investiagation fee and permit fee flat $209.73 $214.35 51602 51603 51611 51604 51606 51601 160) Violation/Investigation Fees Per hour $83.47 $85.31 51602 51603 51611 51604 51606 51601 161) OCFAAdministmtive Processing Fee Each $15.00 $15.00 51601 162) Microfilm Records Each Sheet $3.24 $3.31 51630 163) Fireworks Stand Inspections Per Booth $25.98 $26.55 75D31 -47 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION LY PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 Refunds $39.91 $40.79 Upon written request from the permittee, refunds of permit fees may be made to the permittee in an amount equal to 80% of the permit fee, exclusive of the plan check and issuance fee; except that no permit fees shall be refunded under any of the following circumstances: (1) ISO days has elapsed from the date of the issuance of the permit (2) inspections have been performed by the Building Safety Division If a permit has been issued for a project located in an area outside of the jurisdiction of the City, 100% of the permit and plan check fee may be refunded. If a permit has been erroneously issued, 100% of the permit and plan check fee maybe refunded. If a plan check fee has been paid surd the plan is withdrawn by the applicant prior to the plan check, refunds of plan check fees may be trade to the permittee in an amount equal to 100% of the plan check fee in excess of $40.79 paid. In no ether case may any plan check fees be refunded. Waiver of Fee No permit or plan check fees required by this resolution will be charged for public improvement projects performed by construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Community Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City in the course of their employment. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. Note: The volumeJor Plan Check activity has been reduced to reflect thefact that contract services and overtime are used to complete a portion oJ'activity. °t Not all re- roofing activities require plan check Material and current structure design will be the decidingfactor. °f This service will be charged an initial deposit and then charged by hourly rate. `iThese services were reallocated across free areas as an overhead. at Up to 10 racks. Each additional rack will be charged at $10.50 each. $10.27 $10.50 e� Hourly rates will be charged after the minimum is met, if required. 75D-22-48 RESOLUTION 2014 - # ## REVENUE FY 13 -14 ACCOUNT DEPARTMENT/MISCELLANEOUS PEE OR SERVICE UNIT FEES SECTION IN PLANNING & BUILDING AGENCY Projects prior to May l8, 2009, shall be subject to the fees indicated in Resolution 2009 -018 a This revenue is earmarked jor the General Plan Update and is not Included in new revenue figures. Alf plan check services reflect an initial plus two rechecks. Additional reviews will be charged on an hourly basis. Any unique plan check or inspection that does not match a service category will be charged on an hourly basis. Electrical Pees 2.20% FY 14 -15 FEES 51603 164) Permit Issuance $47.48 $48.52 51603 165) Minimum Pee (Nonresidential) $63.28 $64.68 53601 166) Electrical Plan Check Pee (when required) 65% of Subtotal 65% of Subtotal 51603 167) 125 Volt Receptacle Outlets $1.25 $1.28 51603 168) Light Switches, Occupancy Sensors $1.36 $1.39 51603 169) Light Fixtures $0.90 $0.92 51603 170) Air Conditioners, Heat Pumps $83.58 $85.42 51603 171) Factory-Wired Units (Solid Hook-Ups) $21.39 $21.86 51603 172) Dedicated Circuits (15 or 20 AMP Receptacles) $21.39 $21.86 51603 173) Time Clock, Photo -Cell, Time Switch $10.43 $10.66 51603 174) Track- Light, Cable Tray, Special Raceway, Plu mold, Each 100 fl. $21.39 $21.86 Under -Floor Duct, Plug -In Busways, Wiremold, Etc. or thereof Service Meter, Reset Meter, Subpanel, Switchboard, Motor Control Center, Transfer Switch, Busduct, or other Distribution Equipment changes or mdofications. 51603 175) Under 400 amperes $45.96 $46.97 51603 176) 400 amperes to 1199 amperes $125.31 $128.07 51603 177) 1200 amperes and over $208.79 $213.38 Motor, Transformer, Welder, Industrial Equipment, Oven, Rectifier, Generator, Surge Arrestor, Water Heater, Photovoltaic Panel or other Power Equipment. 51603 178) 0 to 1 HP, kW or kVA $3.08 $3.15 51603 179) Over 1 to It HP, kW or kVA $20.09 $20.53 75D41 -49 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING& BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees Indicated In Resolution 2009 -018 51603 180) Over 10 to 50 HP, kW or kVA $39.86 $40.73 51603 18 1) Over 50 to 100 HP, kW or kVA $90.52 $92.51 51603 182) Over 100 to 500 HP, kW or kVA $130.06 $132.92 51603 183) Over 500 HP, kW or WA $162.46 $166.04 Low Voltage: phone, data outlet, speaker, thermostat, door holder, doorbell, pull station, smoke detector, alarm device, card reader, etc. Commercial: 51603 184) FIRST 10 devices or outlets $29.22 $29.86 51603 185) Additional Devices $2.76 $2.82 51603 186) Each control panel, power supply annunciator, switch or auxiliary equipment $13.93 $14.23 Residential: 51603 187) Single Dwelling Unit $31.67 $32.37 51603 188) Each Additional dwelling unit (2 -20) $27.86 $28.48 51603 189) Each additional Unit (Over 20) $17.01 $17.38 Miscellaneous: 51603 190) Light Standard (Pole) with one fixture $21.39 $21.86 51603 191) Additional Fixtures - SamePole $0.00 $0.00 51603 192) Power Pole (Temporary) $88.90 $90.85 51603 193) Additional Distribution Poles $21.39 $21.86 51603 194) Swimming Pool, Spa, Fountain $104.45 $106.74 51603 195) Above Ground Spa $45.13 $46.12 51603 196) Demolition $41.79 $42.71 75D!1 -50 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51603 197) Signs & Neon/LED Decorative Lighting $64.79 $66.22 (refundable bond) New or Total Rewire for Single Family Dwellings. 51603 198) SFD (per square foot) sq. ft. $0.12 $0.13 51603 199) Garage (per square foot) sq. ft. $0.12 $0.13 51603 200) Temporary Electrical Service, Prior to approval or Each Meter $210.54 $215.17 Occupancy (30 Days) At the time of application for temporary power, the owner shall post a $1,000.00 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8 -1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. 51604 201) Permit Issuance Fee $47.48 $48.52 51604 202) Minimum Fee (Nonresidential) $63.28 $64.68 53603 203) Stand Alone Mechanical Plan Check 65% of Subtotal 65% of Subtotal Furnace including ducts & vents (each) 51604 204) Up to 100,000 BTU $56.56 $57.80 51604 205) Over 100,000 BTU $80.71 $82.49 51604 206)Fumace /Compressor Combo (Residential) $109.46 $111.87 Each Conpressor. Boiler or Heat Pump (packaged or splits stem 51604 207) Up to 5 FIP $77.78 $79.50 51604 208) Over 5 to 30 HP $93.03 $95.07 51604 209) Over 30 to 50 HP $116.29 $118.85 51604 210) Over 50 UP $125.31 $128.07 51604 211) VAV Box up to 2,000 CFM $38.40 $39.24 51604 212) VAV Box Over 2,000 CFM $56.56 $57.80 75D- -51 RESOLUTION 2014 -00 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION IN PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51604 213) Air Handling Unit Up to 2,000 CFM 51604 214) Air Handling Unit Over 2,000 CFM Miscellaneous 51604 215) Outdoor Dual Package Heating /Cooling 51604 216) Wall Heater 51604 217) Unit Heater 51604 218) Suspended Heater 51604 219) Decorative Fireplace (Wood or Gas) 51604 220) Clothes Dryer (Residential) 51604 221) Clothes Dryer (Commercial) 51604 222) Any Alteration, Repair or Addition to a Ventilation System (per system unit) 51604 223) Vent System (Not part of an FIVAC System) 51604 224) Type 1 hood with Duct & Fan 51604 225) Type 11 hood with Duct &Fan 51604 226) Environmental Air Fan (Residential or Commercial) 51604 227) Laundry Fan (Environmental air) 51604 228) Hathroom/Restroom Fan 51604 229) Range Hood (Residential) 51604 230) Cotmnorcial Vent Fan 51604 23 1) Fan Coil 51604 232) Evaporative Cooler 51604 233 Gas Piping (Incidental) 75D- -52 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES $38.40 $56.56 $97.67 $56.56 $55.98 $50.14 $50.14 $34.79 $47.01 $37.62 $52.95 $97.67 $56.56 $30.37 $30.05 $26.31 $27.86 $37.62 $48.99 $56.56 $19.31 $39.24 $57.80 $99.82 $57.80 $57.21 $51.24 $51.24 $35.56 $48.04 $38.45 $54.12 $99.82 $57.80 $31.04 $30.71 $26.89 $28.48 $38.45 $50.07 $57.80 $19.73 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51604 234) Fire Dumper $56.56 $57.80 51604 235) Install/Repair/Replace Appliance Vent $56.56 $57.80 51604 236) Product Conveying System (Flammable Vapors, Entries, Smoke, Heat) $162.46 $166.04 51604 237) Dust Collection System $162.46 $166.04 51604 238) Appliance Not Listed $56.56 $57.80 51604 239) System Not Listed (I-Ialon, Smoke Evae, Crematory, Etc) $162.46 $166.04 Absorption Svstem 51604 240) Up to 1,000,000 BTU $67.51 $69.00 51604 241) 1,000,001 to 1,750,000 BTU $95.99 $98.11 51604 242) 1,750,001 and over $162.46 $166.04 51604 243) Commercial Cooking Equipment (Ovens /Ilyers/El'e) $36.94 $37.75 51604 244) Condensate Pump $27.60 $28.20 51604 245) Riln <20eubie Peet (includes hood and duct) $56.97 $58.22 51604 246) Air Compressor (each includes piping) $56.97 $58.22 51604 247) Cooling Tower $56.97 $58.22 51604 248) Heat Exchanger $52.22 $53.37 51604 249) Electrostatic Precipitator $33.71 $34.45 51604 250) Vacuum Cleaner System (Residential) $56.97 $58.22 51604 251) Humidifier $33.76 $34.50 51604 252) Duct Heater $56.97 $58.22 51604 253 Wood Sawdust System $122.40 $125.09 51604 254) Incinerator (Residential) $37.98 $38.81 51604 255) Incinerator (Commercial) $162.46 $166.04 75D41 -53 RESOLUTION 20144Nil 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING .@ BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 Plumbing Fees 51602 256) Permit Issuance Fee $47.48 $48.52 51602 257) Minimum Fee (Nonresidential) $63.28 $64.68 53602 258) Stand Alone Plumbing Plan Check Fee 65% of Subtotal 65% of Subtotal Fixtures: 51602 259) Water Closet $12.26 $12.53 51602 260) Urinal $9.39 $9.59 51602 261) Tub /Shower $19.19 $19.62 51602 262) Whirlpool Tub $19.19 $19.62 51602 263) Sinks $10.96 $11.20 51602 264) Clothes Washer $12.05 $12.31 51602 265) Dishwasher $10.33 $10.56 51602 266) Garbage Disposal $9.18 $9.38 51602 267) Floor Sink $13.93 $14.23 51602 268) Floor Drain $13.93 $14.23 51602 269) Drinking Fountain $7.72 $7.89 51602 270) Cap Fixture $6.00 $6.13 Sewer: 51602 271) Now Sewer (First 100 Feet) $55.71 $56.94 51602 272) Additional Sewer Connection $19.19 $19.62 51602 273) Each Additional 100 Feet of Sewer $19.19 $19.62 51602 274) Repair /Alter Sewer $38.40 $39.24 51602 275) Private Sewage Disposal System $116.29 $118.85 75D 4 -54 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51602 276) Cesspool $56.56 $57.80 51602 277) Cap Sewer $86.19 $88.08 Gas: 51602 278) New Gas System (1 -4 outlets) $38.40 $39.24 51602 279) Additional Gas Outlet (each) $6.10 $6.23 51602 280) Extend /Alter Gas System $56.56 $57.80 51602 281) Repair Gas Piping $38.40 $39.24 51602 282) Cap Gas Outlet $7.30 $7.46 Swimming Pools: 51602 283) Pool Trap $19.19 $19.62 51602 284) Pool Heater $62.66 $64.04 51602 285) Pool Piping $38.40 $39.24 Miscellaneous: 51602 286) Water Heater (Residential up to 50 gallons) $19.19 $19.62 51602 287) Water Heater (Commercial up to 50 gallons) $19.19 $19.62 51602 288) Water Heater (Res/Comm over 50 gallons) $78.73 $80.46 51602 289) Water Heater(Tanldess) $56.56 $57.80 51602 290) Water Service (each 100 feet) $38.40 $39.24 51602 291) Water Piping (each 100 feet) $38.40 $39.24 51602 292) Repipe(Residential - Each 100 Feet) $38.40 $39.24 51602 293) Primary/Secondary Roof Drain (per set) $38.40 $39.24 51602 294) Deck/Area Drain $8.30 $8.48 51602 295) Rainwater System $38.40 $39.24 75D4t -55 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS PEE OR SERVICE UNIT FEES PEES SECTION IN PLANNING .& BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51602 296) Rainwater Piping (buried) $18.68 $19.09 51602 297) Storm Drains $24.68 $25.22 51602 298) Water Softener (Residential) $19.19. $19.62 51602 299) Water Softener (Commercial) $38.40 $39.24 51602 300) Lawn Sprinkler (Each) $8.76 $8.95 51602 301) Backflow Preventer(Less than 2 inches) $19.19 $19.62 51602 302) Backflow Preventer (2 inches and bigger) $38.40 $39.24 51602 303) Vacuum Breakers (I to 5) $17.53 $17.92 51602 304) Vacuum Breakers (Over 5 -each) $5.01 $5.12 51602 305) Hose Bib with Vacuum Breaker $13.35 $13.64 51602 306) Grease /Waste Interceptor $32.40 $33.11 51602 307) Dental Unit $27.86 $28.48 51602 308) Medical Gas Piping (Fire Department) $38.40 $39.24 51602 309) Alteration to Drain or Vent Piping $38.40 $39.24 51602 310) Appliance not listed $56.56 $57.80 51602 311) Sewage Ejector $56.56 $57.80 51602 312) Sump Pump $56.56 $57.80 51602 313) Hot Water Storage Tank $26.29 $26.87 51602 314) Heat Exchanger $49.72 $50.81 51602 315) Cooling Tower $56.55 $57.79 51602 316) Booster Pumps $30.63 $31.30 51602 317) Fireline /Hydrant(Each 100 Feet) $38.40 $39.24 75D4 -56 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS PEE OR SERVICE UNIT SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51602 318) Temporary Gas Meter, Prior to approval Or Occpancy (30 Days) At the time of application for temporary power, the owner shall pest a $1,000.00 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8 -1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. GENERAL PROVISIONS Unless otherwise provided, payment of fees and charges as established herein shall be made to the Executive Director of the Planning and Building Agency or his/her authorized representative at the time of initial application or request for the permit or service for which a fee is charged or imposed. No permit shall be issued to any person, fine or corporation unless all fees therefore have been paid in full. Exception: Waiver of Fee No permit or plan check fees required by this resolution will be charged for public improvement projects performed by construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Community Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City in the course of their employment. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. REFUNDS Upon written request from the permitter, refunds of permit fees may be made to the permittee in an amount equal to 80% of the permit fee, exclusive of the plan check and issuance fee; except that no permit fees shall be re0rnded under any of the following circumstances: 75D- 1 -57 Each Meter 2.20 FY 13 -14 FY 14 -15 PEES PEES $210.54 $215.17 RESOLUTION 2014 - # ## REVENUE ACCOUNT SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 (1) 180 days has elapsed from the date of the issuance of the permit (2) inspections have been performed by the Building Safety Division If a permit has been issued for a project located in an area outside of the jurisdiction of the City, 100% of the permit and plan check fee may be refunded. If a permit has been erroneously issued, 100% of the permit and plan check fee maybe refunded. If a plan check fee has been paid and the plan is withdrawn by the applicant prior to the plan check, refunds of plan check fees may be made to the pennittee in an amount equal to 100% of the plan check fee in excess of $40.79 paid. In no other case may any plan check fees be refunded. 51601 SPECIAL INVESTIGATION FEE 51602 51603 A special investigation fee shall be charged by the Building 51611 Official for any investigation of a building structural work, 51604 reports, certilication, or any other related work requested by 51606 an owner or his authorized agent. Said fee shall be assessed in an amount sufficient to reimburse the City for the costs actually incurred by the City based upon a rate of $85.31 per hour but in no case shall be less than $85.31. 51601 VIOLATION /INVESTIGATION FEES 51602 51603 When any work for which a permit is required has been 51611 commenced without the authorization of such permit, an 51604 investigation may be required before a permit will be issued 51606 for such work. An investigation fee shall be assessed in an amount sufficient to reimburse the City for costs actually incurred by the City based on a rate of $85.31 per hour but in no case less than $85,31 shall be collected. 51601 PENALTY FEES 51602 51603 In addition to the investigation fee and regular permit fee, a 51611 penalty in an amount equal to the amount of the total permit 51604 fee shall be required, but in no case less than $214.35. 51606 75D41 -58 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES $39.91 $40.79 $83.47 $85.31 $83.47 $85.31 $209.73 $214.35 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51601 EXPEDITED COPY REQUEST Per Hour $57.02 $58.27 51605 APPROVAL FOR BUSINESS Each $81.24 $83.03 CERTIFICATE OF OCCUPANCY Whenever a Business License Tax application requires approval of a Business Certificate of Occupancy each application shall be accompanied by the payment of a nonrefundable application processing fee of $32.51 and an inspection fee of $50.52 which shall be refunded if an inspection proves to be unnecessary. 51601 DEMOLITION PERMIT $83.47 $85.31 The fee for a permit to demolish a building or structure shall be based upon the contract price but in no ease less than the minimum building permit fee of $85.31. 098001001- When a building is demolished, the owner shall provide the 24015 City with a cash or surety bond as described in Section 8 -1768 through 8 -1771 of the Santa Ana Municipal Cade. For the purpose of lot cleanup and capping of the sewer lateral, the value of the band is to be established by the Building Official but in no case shall the bond be less than $1,000.00 per building. A single finally dwelling and garage shall be considered as one building for banding purposes. 51601 FLOODPLAIN CONSTRUCTION Each $252.10 $257.64 STANDARDS VARIANCES 51601 APPEALS Each $1,167.81 $1,193.50 The fee for an appeal of a ruling of the Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the nine of Pling of the appeal. 51601 RELOCATION INSPECTIONS The fee for an inspection on a building or structure, as required for its proposed relocation. 75D5 -59 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING &BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 53600 51601 53600 51601 2.20% FY 13 -14 FY 1445 UNIT FEES PEES Main building or structure Each $420.81 $430.07 Accessory structure Each $83.47 $85.31 Inspection for structures located outside of the City Per Mile $0.82 $0.84 Travel time Per Hour $83.47 $85.31 APPLICATION PROCESSING AND PLAN CHECKING FEES An application processing fee and plan checking tee shall be paid to the Building Official at the time of submitting plans for checking. Such fee shall be equal to 65% of the building permit fee as set forth in this resolution. For all buildings, such fee shall also include a surcharge for state mandated energy conservation enforcement equal to $22.00 for each 1,000 square feet of building area, or Fraction thereof, up to 4,000 square feet, and $11.00 for each additional 1,000 square feet or fraction thereof. For any plan submitted which is subject to the disabled accessibility requirements of Title 24, California Code of Regulations, a surcharge of 10% of the basic plan check fee shall be required, OSHPD CERTIFICATION FEE Whenever plans are submitted for the construction of specialized medical clinics which require by law certification of compliance with requirements set forth by the Office of Statewide Health Planning and Development(OSHPD -3 certification), a building permit fee will be paid to the Building Official equivalent to 1 % of the construction valuation. An additional plan check fee equivalent to.65 %ofthe construction valuation will be paid to the Building Official at the time plans are submitted for plan check. This fee does not preclude other applicable fees which are normally assessed by the City. MICROFILM RECORDS Whenever plans are submitted which are required by any law or City procedure to be maintained as a permanent record, the following fees are to be charged for the purpose of creating and maintaining permanent files. 75D 5 -60 Each Sheet $3.24 $3.31 RESOLUTION 20144 ## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT SECTION IN PLANNING & BUILDING AGENCY Projects prior to May I8, 2009, shall be subject to the fees indicated in Resolution 2009 -018 53600 RESEARCH AND PROCESSING FEES (ALTERNATE MATERIALS /MODIFICATIONS) 53602 GARAGES: 53601 Whenever the Building Official is requested to approve Each 53603 alternate materials or methods of construction in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. Whenever the Building Official is requested to approve a modification of code in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. 53600 STRUCTURAL ENGINEERING PLANCHECK Fees for structural engineering plan check services for structures requiring a dynamic structural analysis in accordance with Chapter 16 of the Building Code, or in accordance with State AB 3249, shall be charged to the applicant. Said charge shall be the actual costs incurred by the City for such service and shall be paid in addition to other applicable fees listed herein. y onIlLM611sCyl[IPi IT5Ifl6Y ➢1711Coles 10" 09801001- NOTICE OF VIOLATION AND 24015 NOTICE AND ORDER BONDS 75D 51 -61 Each Each Inspection Specialty Each Project Each Project 2,20% FY 13 -14 FY 14 -15 FEES FEES $252.10 $257.64 $252.10 $257.64 $83.47 $85.31 $57.02 $58.27 $57.02 $58.27 The fee for registration of special inspectors in accordance with Section 8 -100 of the Santa Ana Municipal Code. 53600 BUILDING PLAN CHECK FEE FOR IDENTICAL, RESIDENTIAL R -3, WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 53602 ELECTRICAL, PLUMBING AND MECHANICAL PLAN 53601 CHECK FEE FOR IDENTICAL, RESIDENTIAL R -3, 53603 WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 51601 CHANGE INCORRECT ADDRESS 51601 CHANGE OWNER OR CONTRACTOR 09801001- NOTICE OF VIOLATION AND 24015 NOTICE AND ORDER BONDS 75D 51 -61 Each Each Inspection Specialty Each Project Each Project 2,20% FY 13 -14 FY 14 -15 FEES FEES $252.10 $257.64 $252.10 $257.64 $83.47 $85.31 $57.02 $58.27 $57.02 $58.27 RESOLUTION 201440 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 1009 -018 Prior to issuance of permits to correct work required by a Notice of Violation or Notice and Order, the Building Official may require a cash or surety bond as described in Sections 8 -1769, 8 -1770 and 8 -1771 Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $200.00 for each Notice of Violation or Notice and Order. 57600 ACCELERATED PLAN CFIECK FEE Per Hour $122.81 $125.51 FIELD PLAN CHECK FEE Minimum Fee Per Hour $83.47 $85.31 53600 PRELIMINARY REVIEW OF BUILDING Minimum Fee Per Hour $83.47 $85.31 STANDARDS COMPLIANCE 09801001- SIGNS 24015 When a permit is required for an illuminated or non- illurnated sign, the owner shall provide the City a cash or surety bond as described in Section 8 -1768 through 8 -1771 of ire Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $200.00 per address. 51601 TEMPORARY CERTIFICATE OF OCCUPANCY SPECIFIC CODE FEES AND CIIARGES 51601 BUILDING CODE Any person desiring a permit required by the Building Code shall, at the time of filing an application fee of $40.79. The determination of total valuation shall be made by the Building Official. The value to be used shall be the total value of all construction work for which the permit is issued using the building valuation data based upon in the most recent edition of Building Safety Journal published by the International Code Council. The value of work performed as a remodel and other valuations not published by the International Code Council shall be determined by the Building Official, 75D 52 -62 Each Project Each Permit $415.94 $425.09 $39.91 $40.79 RESOLUTION 2014 - # ## 2.20 REVENUE FY 1344 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51601 PARKING LOT RESURFACING AND /OR REPAINTING Existing parking lot resurfacing and /or repainting, fee shall be based on the value of the work performed. 51601 UNDERGROUND TANK REMOVAL Underground tank removal and backfill fee shall be based upon valuation. 51601 EXCAVATION FOR SOIL Excavation and backfill related to soil contamination fee shall be based upon valuation. BUILDING PERMIT FEE SCHEDULE (FEES BASED UPON VALUATION OF WORK) TOTAL VALUATION FEE $1.00 TO $500.00 $22.40 $2L92 $22.40 $501.00 TO $2000.00 $22.40 for the first $500.00 plus $3.32 $21.92 $22.40 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 TO $25,000.00 $74.38 for the first $2,000.00 plus $10.73 $72.78 $74.38 for each additional $1,000,00 or fraction thereof, to and including $25,000.00 $25,001.00 TO $50,000.00 $ 331.91 for the first $25,000.00 plus $7.72 $324.77 $331.91 for each additional $1,000.00 or traction thereof, to and including $50,000.00 75D 51 -63 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 IrY 14 -15 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT PEES PEES SECTION IX PLANNING .@ BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 $50,001.00 TO $100,000.00 $533.19 for the first $50,000.00 plus $521.72 $533.19 $5.52 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 TO $500,000.00 $821,12 for the first $ 100,000.00 plus $ 803.44 $ 821.12 $4.19 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 TO $1,000,000.00 $2,569.99 for the first $500,000.00 plus $ 2,514.67 $ 2,569.99 $3.68 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000.001.00 AND UP $4,489.49 for the first $1,000,000.00 $ 4,392.85 $ 4,489.49 plus $2.25 for each additional $1,000.00 or fraction thereof. 51601 1) Inspections outside of normal business hour (4 hour minimum charge for Holidays, Saturday or Sunday Inspections) Per Hour $83.47 $85.31 51601 2) Re- inspection foe assessed under applicable provisions of the Building Code Per Hour $83.47 $85.31 51601 3) Inspections for which no fee is specifically indicated (minimum charge- one(1)hour) Per Hour $83.47 $85.31 53600 4) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge- one (1) hr.) Per Hour $83.47 $85.31 51603 ELECTRICAL CODE Any person desiring a permit required by the Electrical Code Each Permit $39.91 $40.79 shall, at the tune of filing an application , pay a fee of $40.79. There is no minimum fee for the issuance of a pannit for single family residences and duplexes, The minimum fee for issuance of a permit for all other uses shall be $66.65. $65.21 $66.65 75D '2 -64 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated In Resolution 2009 -018 FEESCHEDULE 51603 1) For new construction and relocation on residential single family and duplexes: Six cents ($.06) per square foot per floor plus $34.07 per Per $33.34 $34.07 service meter shall only include receptacle, switch and lighting outlets. All other fees shall apply. Six cents ($.06) per square foot for detached or attached garages or carports shall only include receptacle, switch and lighting outlets. All other fees shall apply. 51603 2) Receptacles, outlets, light fixtures and general use switches, Each $1.05 $1.07 each 51603 3) Each air conditioner Each $44.60 $45.58 51603 4) Each self - contained factory wired approved unit, such as Each $11.01 $11.25 home appliances, heaters, vegetable cases, drinking fountain, heating appliances, multiple outlet assemblies, etc. 51603 5) Busways, special raceways, under floor ducts, trolley or Each 100' $11.01 $11.25 plug -in busways each one hundred (100) feet or fraction thereof 51603 6) Fire alarm communications, data control systems, smoke detectors and low voltage system: Commercial (charge by number of devices): 0 - 10 total devices Each $23.48 $23.99 10 or more total devices $1.90 $1.94 Each control panel, standby power supply panel, annunciator panel or similar main piece of control equipment for one of the above systems. Each $11.01 $11.25 Residential (charge by number of dwelling units): Residential unit (1) $24.00 $24.53 Each addl residential unit in amultiple- dwelling occupancy Each $14.40 $14.72 Each add'] residential unit over 20 in a hotel, metal, boarding house or lodge Each $8.71 $8.90 51603 7) Dedicated circuit Each $11.01 $11.25 75D5 -65 RESOLUTION 201440 REVENUE $34.07 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51603 8) Service Meters, Reset Meters, Subpanel, Switchboard, Motor $171.58 Control Center, or similar equipment changes or additions. $33.34 599 volts or less, under 400 amps. 599 volts or less, 400 amps and less than 1200 amps. 598 volts or less, 1200 amps and over. 51603 9) Signs and high- potential gas mbe lighting, each Note: This shall include all necessary control equipment 51603 10) Swimming pool, fountain, spas, each 51603 11) Above ground spas 51603 12) Temporary power- construction: For services supplying a temporary power pole, pedestal or piggyback For a system of distribution and utilization of poles for tetnperary construction power, each pole 51603 13) Temporary construction lighting: 500 lamps or less Over 500 lamps 51603 14) Temporary services: At the time of application for temporary power, the owner shall post a $1,000.00 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8 -1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. Temporary Electrical Service, Prior to Approval Or Occupancy (30 Days) Temporary work with service, each meter 51603 15) Lighting standards: 75D5 -66 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES Each Meter $33.34 $34.07 Each Meter $83.47 $85.31 Each Meter $167.88 $171.58 Each $33.34 $34.07 Each $73.72 $75.34 Each $23.73 $24.26 Each $57.96 $59.24 Each Pole $11.01 $11.25 $4.96 $5.07 $8.66 $8.85 Each Meter $210.54 $215.17 Each Meter $29.32 $29.97 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13-14 FY 14-15 ACCOUNT DEPARTMENT /MISCELLANEOUS PEE OR SERVICE UNIT FIDES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 With one (1) fixture each Each $11.01 $11.25 Each additional fixture on the same standard Each $3.18 $3.25 51603 16) Time clock or photo electric cell, each Each $8.66 $8.85 51603 17) Radiant ceiling heat per room Per Room $11.01 $11.25 51603 18) Power apparatus: generators, motors, transformers, rectifiers, synchronous converters, capacitors, industrial heating, cooling or baling equipment, and other apparatus as follows: (Ratings - horsepower (HP), kilowatts (KW), and Kilovolt amps (ICVA)) Up to and including I HP, KW, KVA each Each $4.49 $4.59 Over 1 and not over 10 PIP, KW, ICVA each Each $11.58 $11.84 Over 10 and not over 50 HP, KW, ICVA each Each $23.48 $23.99 Over 50 and not over 100 HP, KW, KVA each Each $50.29 $51.40 Over 100 and not over 500 Hl', KW, KVA each Each $66.99 $68.47 Over 500 HP, KW, KVA each Each $83.47 $85.31 51603 19) Demolition, per project Per Project $32.50 $33.22 51603 20) Inspections outside of normal business hours (four hour Per Hour $83.47 $85.31 minimum charge for Holidays, Saturday or Sunday inspections) 51603 21) Re- inspection Pee assessed under applicable provisions Per Hour $83.47 $85.31 of the Building Code 51603 22) Inspections for which no fee is specifically Per Hour $83.47 $85.31 indicated (minimum charge - one (1) hour) 53601 23) Additional plan review required by changes, additions, or Per Hour $83.47 $85.31 revisions to approved plans (minimum charge - one (1) hour) 75D 5 -67 RESOLUTION 201440 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 ELECTRICAL PLAN CHECK FEES Whenever electrical plans are required by the Building Official, plan check tees shall be 65% of the electrical permit fee and shall be paid at the time of submitting plans. 51604 MECHANICAL CODE Any person desiring a permit required by the Mechanical Code shall, at the time of filing an application, pay a fee of $40.79. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $66.65. FEESCHEDULE 51604 1) For the installation or relocation of each forced -air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 BTU /h 51604 2) For the installation or relocation of each forced -air or gravity-type furnace or bumer, including ducts and vents attached to such appliance over 100,000 BTU /h 51604 3) For the installation or relocation of each boiler, compressor, condensing unit or heat pump up to and including five horsepower, or each absorption system to and including 100,000 BTU/h 51604 4) For the installation or relocation of each boiler, compressor, condensing unit or heat pump over five horsepower up to and including 30 horsepower or for each absorption system over 100,000 BTU/h up to and including 1,000,000 BTU/h 51604 5) For the installation, relocation of each boiler, compressor, condensing unit or heat pump over 29 horsepower up to and including 50 horsepower or for each absorption system over 1,000,000 BTU /h up to and including 1,750,000 BTU/h 75D51 -68 FY 13 -14 UNIT FEES 2.20% FY 14 -15 FEES Each Permit $39.91 $40.79 $65.21 $66.65 Each $29.12 $29.76 Each $41.58 $42.50 Each $50.29 $51.40 Each $50.29 $51.40 Each $61.04 $62.39 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FIDE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51604 6) For the installation or relocation of each boiler, compressor, Each $83.47 $85.31 condensing unit or heat pump over 49 horsepower, or each absorption system over 1,750,000 BTU /h 51604 7) For each VAV control box or air handling Each $19.77 $20.20 unit to and including 2,000 cubic feet per minute, including ducts attached thereto 51604 8) For each VAV or air - handling unit over 2,000 efm Each $29.12 $29.76 Note: This fee shall not apply to an air - handling unit which is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required else where in this code. 51604 9) Outdoor dual packaged heating and cooling Each $50.29 $51.40 51604 10) For the installation or relocation of each floor Each $29.12 $29.76 furnace, including vent 51604 t t) For the installation or relocation of each suspended Each $29.12 $29.76 heater, recessed wall heater or floor-mounted unit heater 51604 12) Decorative fireplace Each $29.12 $29.76 51604 13) For the repair of, alteration o0 or addition to each heating Each $19.77 $20.20 appliance, refligeralion unit, cooling unit, absorption unit, or each heating cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code Note: Each HVAC system served by a VAV control box is considered a separate system. 51604 14) For the installation ofeaeh Type I commercial Each $50.29 $51.40 kitchen hood which is served by mechanical exhaust, including the ducts for each hood 51604 15) For the installation of each Type it residential or Each $29.12 $29.76 commercial kitchen hoods which is served by mechanical exhaust, including the ducts for each hood 75D61 -69 RESOLUTION 201440 2.20 REVENUE - FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51604 16) For each ventilation fan connected to a single duct Each $19.77 $20.20 (environmental air) (a) Bathroom or toilet room exhaust. (b) Laundry room exhaust. (c) Residential range or oven exhaust. (d) Other environmental air duct, 51604 17) Fan coil installation Each $33.34 $34.07 51604 18) For each evaporative cooler other than portable type Each $29.12 $29.76 51604 19) Incidental gas piping Each $19.77 $20.20 51604 20) Fire damper installation, each Each $29.12 $29.76 51604 21) Vent fan Each $29.12 $29.76 51604 22) Approved fire extinguishing system Each $29.12 $29.76 51604 23) For each appliance or piece of equipment regulated by this Each $29.12 $29.76 code but not classed in other appliance categories, for which no other fee is listed in this code (a) Commercial gas -fired cooling equipment (ranges, ovens, deep fryers, broilers, etc.) (b) Clothes dryer and exhaust duct. (c) Kilns, including hood and exhaust duel'. (d) Air compressor and related compressed air piping for manufacturing process. (e) Cooling tower O Heat exchanger (g) Exhaust fans for Type I or II Commercial Kitchen Hoods. (h) Electrostatic precipitator. E) Residential central vacuum cleaner system. 0) Clean -room filter bank(I-IEPA) (k) Humidifier. (1) Duct heater. (in) Condensate Pumps (n) Etcetera. 51604 24) For the installation, relocation or replacement of each Each $29.12 $29.76 appliance "vent" installed and not included in an appliance primal 75D 6 -70 RESOLUTION 201440 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION LY PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51604 25) Each process piping system Each $83.47 $85.31 51604 26) For each ventilation system which is not a portion of any Each $83.47 $85.31 heating or air- conditioning system authorized by permit (a) Halon exhaust system. (b) Wood sawdust collection system or similar collection system (paper, plastic, metal filings, etc.) (c) Smoke evacuation and exhaust system for public buildings, atrium, malls, etc. (d) Crematory furnace and exhaust system. (a) Each other product conveying duct system: (1) Flammable vapors (2) Fumes (3) Smoke (4) Heat 51604 27) For the installation or relocation of each domestic - Each $19.77 $20.20 type incinerator (Shall have permit and approval from S.C.A.Q.M.D.) 51604 28) For the installation or relocation of each commercial Each $83.47 $85.31 Or industrial -type incinerator (Shall have permit and approval from S.C.A.Q.M.D.) 51604 29) Inspections outside Of normal business hours Per Hour $83.47 $85.31 (4 hour minimum charge for Holidays, Saturday or Sunday inspections) 51604 30) Re- inspection fee assessed under applicable provisions Per Hour $83.47 $85.31 of the Building Code 51604 31) Inspections for which no fee is specifically indicated Per Hour $83.47 $85.31 (minimum charge - one (1) hour) 51604 32) Additional plan review required by changes, additions Per Hour $83.47 $85.31 or revisions to approved plans (minimum charge - one (l) hour) MECHANICAL PLAN CHECK FEES Whenever mechanical plans are required by the Building Official, plan check fees shall be 65% of the mechanical pennit fee and shall be paid at the time of submitting plans 75D6 -71 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT SECTION IN PLANNING .& BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 2.20 FY 13 -14 FY 14 -15 FEES FEES 51602 Any person desiring a permit required by the Plumbing Cade shall, Each Permit $39.91 $40.79 at the time of filing an application, pay a fee of $40.79. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $66.65. $65.21 $66.65 FEESCHEDULE 51602 1) For each plumbing fixture or trap or set of fixtures Each $9.86 $10.08 on one trap (including water, drainage piping, and backflow protection therefore) 51602 2) For each dental unit Each $19.77 $20.20 51602 3) Medical gas piping system per 100' Per 100' $19.77 $20.20 51602 4) For each building sewer Each $29.12 $29.76 (a) Each additional connection Each $9.86 $10.08 (b) Each additional 100 feet or fraction thereof Each $9.86 $10.08 (o) Sewer/alteration/repair Each $19.77 $20.20 51602 5) For each private sewage disposal system Each $60.47 $61.80 51602 6) For each cesspool (where permitted) Each $29.12 $29.76 51602 7) For each sower cap Each $83.47 $85.31 51602 8) For each fixture cap Each $5.28 $5.39 51602 9) For each new gas piping system (includes one to Each $19.77 $20.20 four outlets) 51602 10) For each gas outlet of five or more Each $3.13 $3.20 51602 11) For the repair /replacement of a gas piping system Each $19.77 $20.20 (includes one to four outlets) 51602 12) For the alteration /addition to an existing gas system Each $29.12 $29.76 (includes one to four outlets) 75D6 _72 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51602 13) For each residential water heater and /or vent Each $9.86 $10.08 51602 14) For each commercial boiler or water heater Each $50.29 $51.40 51602 15) For installation, alteration, or repair ofwater Each $19.77 $20.20 piping, each 100' 51602 16) Rain water piping (buried), each 100' Each $12.73 $13.01 51602 17) Rainwater systems - per drain (inside building) Each $19.77 $20.20 51602 18) Roof drain system, per drain Each $19.77 $20.20 51602 19) Deck drains, per drain Each $6.94 $7.10 51602 20) For each lawn sprinkler system on any one meter, Each $12.73 $13.01 including backflow protection devices therefore (atmospheric type only) 51602 21) For ahnospheric -type vacuum breakers not included in Itern 20: 0 to 5 $9.86 $10.08 Over 5, each $3.13 $3.20 51602 22) For each backflow protective device other than atmospheric -type vacuum breakers: 2 inches and smaller $9.86 $10.08 Over inches $19.77 $20.20 51602 23) For each pool trap Each $9.86 $10.08 51602 24) For each pool heater Each $50.29 $51.40 51602 25) For each industrial waste pretreatment interceptor Each $16.70 $17.07 including its trap and vent, excepting kitchen -type grease interceptors functioning as fixture traps 51602 26) For each residential water conditioner Each $9.86 $10.08 51602 27) For each commercial water conditioner Each $19.77 $20.20 51602 28) For repair or alteration of drainage or vent piping, Each $19.77 $20.20 each fixture 75D'' -73 RESOLUTION 2014 - 4p# 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT PEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51602 29) For each appliance, fixture or piece of equipment regulated Each $29.12 $29.76 by this code but not classed in other categories, for which no other fee is listed in this code (a) Sewage Ejector (b) Sump Pump (e) Hot Water Storage Tank (d) Heat Exchanger (e) Cooling Tower (i) House Booster Pumps 51602 30) Temporary Gas Service, Prior to Approval Each Meter $210.54 $215.17 Or Ocepancy (30 Days) At the time of application for temporary power, the owner shall post a $1,000.00 cash or cashier's check for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. 51602 31) Inspections outside of normal business hours (4 hour Per Hour $83.47 $85.31 minimum charge for Holidays, Saturday or Sunday inspections). 51602 32) Re- inspection fee assessed under applicable provisions Per Hour $83.47 $85.31 of the Building Code 51602 33) Inspections for which no fee is specifically indicated Per Hour $83.47 $85.31 (minimum charge - one (1) hour) 51602 34) Additional plan review required by changes, additions or Per Hour $83.47 $85.31 revisions to approved plans (minimum charge -one (1) hour) PLUMBING PLAN CHECK FEES Whenever plumbing plans are required by the Building Official, plan check fees shall be 65% of the plumbing permit fee and shall be paid at the time of submitting plans. GRADING PERMITS 51606 Any person desiring a grading permit required by the Building Each Permit $39.91 $40.79 Code, shall, at the time of filing an application, pay a fee of $40.79. 75D6 _74 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING& BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 FEESCHEDULE 51606 1) Grading Permit: a. One and Two S.F.D. b. Multiple Residential including, Residential tracts, Apartments, Condominiums, Hotels, Motels, and Similar Construction c. Non - Residential Site Less Than 2 Acres d. Nan - Residential Site 2 Acres and More e. Preliminary Grading Permit, Underground Tank Removal and Excavation for Soil Contamination f Existing Parking Lot Resurfacing and Repainting 51606 2) In addition to the above noted permit fees, a fee shall be collected for new site improvements, new parlcing lots, new concrete curb and gutter, and asphalt paving 51606 3) Inspections outside ofnonmal business hours (4 hour minimum charge for Holidays, Saturday or Sunday inspections) 51606 4) Re- inspection fee assessed under applicable provisions of the Building Code 51606 5) Inspections for which no fee is specifically indicated (minimum charge - one (1) hour) SOLAR ENERGY CODE 51611 Any person desiring a permit required by the Solar Energy Code shall, at the time of filing, pay an application, fee of $40,79. There is no minirmum fee for the issuance of permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $66.65. PEESCHE'DULE 51611 1) For collectors (ineludingrelatod piping and regulating devices): Up to 1,000 sq. ft. (93m) 75D -1.75 UNIT Minimum Per Hour 1 Hour 2 Hours 3 Hours 5 Hours 1 Hour I Hour Minimum Sq. Ft. Per Hour 2.20 FY 13 -14 FY 14 -15 FEES FEES $83.47 $85.31 $0.03 $0.04 $83.47 $85.31 Per Hour $83.47 $85.31 Per Hour $83.47 $85.31 Each Permit $39.91 $40.79 $65.21 $66.65 $9.86 $10.08 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject t0 ehe jeer indicated in Resolution 2009 -018 Between 1,001 (93.1m�) and 2,000 sq. ft. (186m) $16.70 $17.07 More than 2,000 sq. ft. (18m') $16.70 $17.07 plus per 1,000 sq.ft. (93m2) or fraction $1.75 $1.78 thereof over 2,000 sq. ft. (186m') 51611 2) For storage tanks (including related piping and regulating devices): Up to 750 gallons (3m) $8.45 $8.64 Between 751 (3mr) and 2,000 gallons $15.18 $15.51 More than 2,000 (8m) gallons $15.18 $15.51 plus per 1,000 (4nr °) or fraction thereof $1.75 $1.78 over 2,000 gallons (8m) 51611 3) For rack storage: Up to 1,500 cu. ft. (42m) $9.86 $10.08 Between 1,501 (42.1m) and 3,000 cu. ft. (84m) $16.70 $17.07 More than 3,000 cu. ft. (84m) $16.70 $17.07 plus per 1,000 cu. ft. (28m) or fraction $1.75 $1.78 thereof over 3,000 cu. 11. (84m) 51611 4) Self - contained water heater (residential type) Each $9.86 $10.08 51611 5) Water heater (commercial type) Each $50.29 $51.40 51611 6) Heat exchanger Each $9.86 $10.08 51611 7) Water piping replacement, each 100 feet Each $19.77 $20.20 51611 8) Gas piping service, 1 -5 outlets Each $19.77 $20.20 51611 9) Backflow prevention device Each $9.86 $10.08 51611 10) For each appliance or piece of equipment regulated Each $9.86 $10.08 by this code for which no fee is listed 75D 6 -76 RESOLUTION 201440 REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT $85.31 SECTION IN PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated In Resolution 2009 -018 51611 11) Inspections outside of normal business hours Per Hour (4 hour minimum charge for Holidays, Saturday and Sunday inspections) 51611 12) Re- inspection fee assessed under provisions of the Per Hour Building Code 51611 13) Inspections for which no fee is specifically indicated Per Hour (minimum charge - one (1) hour) 51611 14) Additional plan review required by changes, Per Hour additions, or revisions to approved plans (minimum charge - one (])hour) SOLAR PLAN CHECK FEES Whenever solar plans are required by the Building Official, plan check fees shall be 65% of the solar permit fee and shall be paid at the time of submitting plans. 75D6 _77 2.20% FY 1344 FY 14 -15 FEES FEES $83.47 $85.31 $83.47 $85.31 $83.47 $85.31 $83.47 $85.31 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 51001 Bingo License Fee Each 50.00 51.10 51401 Alarm User Permit Commercial & Residential Per Year 3000 30.66 53413 False Alarm Services (Code 459) Burglary Calls Commercial & Residential Per Incident 1 at Incident No Charge No Charge 2nd Incident 50.00 75.00 3rd Incident 75.00 100.00 4th Incident 125.00 125.00 5th Incident 150.00 150.00 6th Incident - fee & warning of non - response 200.00 200.00 7th Incident 300.00 300.00 8th Incident - fee & placed on non - response status 400.00 400.00 53413 False Alarms (Code 211) Robbery Calls - Residential Per Incident 1st Incident No charge No Charge 2nd Incident 50.00 75.00 3rd Incident 75.00 125.00 4th Incident 125.00 175.00 5th Incident 150.00 225.00 6th Incident - fee & warning of non- response 200.00 275.00 7th Incident 300.00 400.00 8th Incident - fee & placed on non - response status 400.00 500.00 53413 False Alarms (Cade 211) Robbery Calls - Commercial Per Incident 1 st Incident 75.00 100.00 2nd Incident 100.00 125.00 3rd Incident 150.00 175.00 4th Incident 200.00 225.00 5th Incident 250.00 275.00 6th Incident - fee & warning of non- response 300.00 325.00 7th Incident 350.00 400.00 8th Incident - fee & placed on non - response status 400.00 500.00 53419 Firearms Examination Service Fee- Outside Agencies Basic Function Exam - per firearm 35.00 35.77 Full Function Exam - per firearm 210.00 214.62 Examination & Comparison 320.00 327.04 Examination & Comparison - Major Crime (up to 6 hours) 620.00 633.64 Bourly charge in excess of 6 hours - each additional hour 100.00 102.20 53409 Storage of Weapon Fee - per weapon 100.00 100.00 1 -1 -05 state law change (AB 2431, PC 12021.3): fee can be charged when anv weapon is released to an owner or gun dealer 53404 Fingerprint Fee Per Card 23.00 2151 City processing fee only Applicants exempted by law shall not pay. 099810002- Fingerprint Fee 57491 Stateprocessingfee Actual Cost Actual Cost For all fingerprinting requiring State processing, the applicable state fee will be added to the $23.00 City fee above. 69 75D -2 -78 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 53407 Citation Sign Off - Nan -SAPD Equipment violators Per Incident 15.00 15.33 53407 Vehicle Citation Sign Off - SAPD Per Citation 5.00 5.00 57470 Copy of Lost Citation Per Citation 2.00 2.00 57000 Driving Under Influence Cost Recovery Actual Cost Actual Cost Persons arrested for driving under the influence Per Incident Up to $1,000 Up to $1,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Police Pursuits Cost Recovery Actual Cost Actual Cost Persons apprehended in police pursuits Per Incident Up to $1,000 Up to $1,000 Pursuant to Government Code Sec. 53150 or seq. 57000 Hit & Run Accident Investigation Actual Cost Actual Cost Persons responsible for hit and run accidents Per Incident Up to $1,000 Up to $1,000 Pursuant to Government Code Sec. 53150 or seq. 57000 Disturbing the Peace Police Service Fee Each Actual Cost Actual Cost Pursuant to S.A. Municipal Code Sec. 10 -300 or seq. Up to $500 Up to $500 51607 Ice Cream Truck Vendor Permits Includes one Driver /Operator Each 230.00 235.06 Additional Truck Each 36.00 36.79 53419 License to Sell Pistols /Revolvers Per License 145.00 148.19 53416 Administration Citation Fee First Violation 100.00 102.20 Allows Animal Service Officers the right to cite for Stale and Second Violation 200.00 204.40 Local Animal Law Violations Third Violation 500.00 511.00 53405 Police Accident Photos B &W and Color Print, (4X5/3.5X5) Each 5.00 5.00 B &W and Color Print, 5X7 Each 7.00 7.00 B &W and Color Print, 8X10 Each 12.00 12.00 Contact Print, 8X10 Each 12.00 12.00 53405 Police Evidence Photos to CD/DVD Per set -up Each 20.00 20.00 Per image Each 1.00 1.00 53405 Digital Media Reproduction Each 25.00 25.55 53405 Police Evidence Tape (audio or video tape) Each 36.00 36.79 53417 Police Accident Reports Each 20.00 20.00 53403 Search Fee (no case #) Each 10.00 10.00 53417 Police Immigration /Clearance Letters Each 20.00 20.00 53417 Police Incident Reports Citizens Request for Information Form Each* 20.00 20.00 *Reports in excess of 20 pgs. Per Page 1.00 1.00 53403 Search fee (no case #) 10.00 10.00 57000 Request to Review Criminal History Per Request 20.00 20.00 57000 Request to Review Incident Information Per Request 20.00 20.00 70 75D -2 -79 RESOLUTION 2014 -### 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 57401 Police Security Services Lieutenant Per Hour 105.00 69.83 Sergeant Per Hour 97.00 97.00 Police Officers Per Hour 81.00 81.00 PCO/PSO/Reserve Per Hour 50.00 50.00 53410 Impound of Owner Release Animals Per hnpound 81.00 82.78 (includes 2 nights boarding charge) 51607 Pushcart Permits Vendor /Operator Permit -1 cut Each* 230.00 235.06 * Additional Carts/Operators Each 36.00 36.79 53400 Release of Informed Vehicles- SAPD/TrafBc Vehicle Registration Expired Over 6 Months Each 140.00 140.00 Unlicensed/Suspended- Revoked Drivers Each 190.00 190.00 TBD Vehicle Processing Fee Each NA 75.00 57402 Solicitation Permit Per Permit 36.00 36.79 Vehicle for Hire (Taxi) Fees Drivers Permits Each 35.00 3537 (Original, Renewal, Replacement or Duplicate) Vehicle for Hire Permit Each 145.00 148.19 Vehicle for Permit Transfer Each 6.00 6.13 57402 Reinspection Fee -Plan Checks/Not Completed Minimum * 41.00 41.90 *$41.00 minimum or hourly employee rate. Fee to be charged when inspection is called fer wor /r not complete or corrections called for are not made. Second Hand Dealer Fee Each 71.00 72.56 53407 Equipment Violation Pursuant to SAMC Sec. 40225 Each 85.00 85.00 Proof of Correction Each 10.00 10.00 51402 Street Closure Permit Per Permit 140.00 143.08 Accelerated Processing Fee Per Permit, Additional not 143.08 401 -01 -5621 Downtown Event Litter Control Deposit Per event, up to 3 blocks 300.00 500.00 53613 Land Use Certificate Processing Fee for temporary outdoor event Per Permit 31.00 31.68 Accelerated Processing Fee Per Permit 67.00 68.47 50045 Escort Bureau, introduction Service Establishment, and Escort Fees Program administered by Police Department Escort Bureau Permit Each 723.00 738.91 Introduction Service Permit Each 723.00 738.91 Escort Permit Each 155.00 158.41 71 75D -2 -80 RESOLUTION 2014 -40 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENTIMISCELLANEOUS_FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 50045 Massage Establishment/Massage Technician Fees: Program administered by Police Department Massage Establishment Permits Massage Technician Permits Massage Technician Testing Fee Massage Technician Transfer/Duplicate Massage Establishment Sale Transfer Massage Establishment Change of Location or Name NOTE: Massage Establishment Permit Applicants who are also Massage Technician Permit Applicants shall only be required to pay the Massage Establishment Permit Fee. Tobacco License Fee 50045 Pool/Billiard Permit Fee Program administered by Police Department 57402 Police Training Video Tape 55000 Parking Violation: Late fee Each 723.00 738.91 Each 300.00 306.60 Each 150.00 153.30 Each 35.00 35.77 Each 723.00 738.91 Each 260.00 265.72 Each Each Per Tape Violations with a'base'(original) fine of $100 or 1ess:(Rounded Up to the next whole dollar) Violations with a'base'(originab fine of $100 or more:(Rounded up to the next whole dollar) 635.00 635.00 312.00 318.86 46.00 47.01 50% of base fine 50% of base fine Total delinquent Total delinquent fine is 150% fine is 150% of base fine. ofbase tine. 20% of base fine. 20% of base fine. Total delinquent Total delinquent fine is 120% fine is 120% of base fine. of base fine. 72 75D -2 -81 Additional late charges will be imposed at the time an unpaid Parking Violation penalty is placed as a vehicle registration "hold" with DMV. The "total" Late Charge assessed will increase to: Violations with a base' (original) 90% of base fine 90% of base fine. fine of $100 or less:(Rounded Total delinquem Total delinquent up to the next whole dollar) fine is 190% fine is 190% of base fine. of base fine. Violations with abase' (original) 40% of base fin, 40% of base fine. fine of $100 or more:(Rounded Total delinquen Total delinquent up to the next whole dollar) fine is 140% fine is 140% 55000 Parking a vehicle within 300 11. of fire apparatus answering a fire alarm Pursuant to SAMC Sec. 36 -41(7) Each 56.00 56.00 55000 Permit required Special Parking District Pursuant to SAMC Sec. 36 -493 (a) Each 47.00 47.00 55000 Parking in a red zone Pursuant to SAMC See. 36- 131(1) Each 64.00 64.00 55000 Parking in a yellow zone Pursuant to SAMC See, 36- 131(2) Each 47.00 47.00 72 75D -2 -81 RESOLUTION 2014 -##4 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 55000 Parking in a white zone Pursuant to SAMC Sec. 36- 131(3) Each 47.00 47.00 55000 Parking in a green zone Pursuant to SAMC Sec. 36- 131(4) Each 47.00 47.00 55000 Parking in a blue (handicapped) zone Pursuant to SAMC Sec. 36- 131(5) Each 111.00 111.00 55000 Cancellation of citation (Disabled Placards) Each 25.00 25.00 55000 Parking in a "No Parking" zone Pursuant to SAMC Sec. 36 -132 Each 68.00 68.00 55000 No parking - street sweeping Pursuant to SAMC Sec. 36 -133 Each 63.00 63.00 55000 Parking in violation of "emergency no parking sign' Pursuant to SAMC Sec. 36 -134 Each 68.00 68.00 55000 Parking in alley Pursuant to SAMC Sec. 36435(a) Each 55.00 55.00 55000 Stopping, standing or parking a vehicle w /in parkway Pursuant to SAMC Sec. 36- 135(b) Each 55.00 55.00 55000 Parking at certain places and for certain purposes Pursuant to SAMC Sec. 36-136 Each 55.00 55.00 55000 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec. 36- 136(a) Each 63.00 63.00 55000 Parking over 72 hours Pursuant to SAMC Sec. 36- 136(b) Each 63.00 63.00 55000 Parking on led side of one -way roadway Pursuant to SAMC Sec. 36- 136(d) Each 39.00 39.00 55000 Parking outside of lapping marked parking Pursuant to SAMC Sec. 36- 138(x) Each 47.00 47.00 55000 Angle parking prohibited in certain areas Pursuant to SAMC Sec. 36 -139 Each 47.00 47.00 55000 Parking in restricted areas. Time limit parking Pursuant to SAMC Sec. 36 -142 Each 47.00 47.00 55000 Overnight parking prohibited in certain areas Pursuant to SAMC Sec, 36 -144 Each 39.00 39.00 55000 Parking any commercial vehicle over 10,000 lbs, In a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec. 36 -145 Each 78.00 78.00 55000 Parking on City property Pursuant to SAMC Sec. 36-147 Each 39.00 39.00 55000 Parking on property of Joint Powers Agency-city is member Pursuant to SAMC Sec. 36 -147.1 Each 39.00 39.00 73 75D -2 -82 RESOLUTION 2014 -### REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 55000 Parking in metered space time expired or beyond max. time 56.00 Pursuant to SAMC Sec, 36- 402(1) 55000 Parking outside of painted or marked area of metered space 56.00 Pursuant to SAMC Sec. 36- 402(2) 55000 Park any vehicle restricting traffic (ingress /egress) Each Pursuant to SAMC Sec. 36- 432(2) 55000 Park any vehicle with trailer, etc., restricting traffic 47.00 Pursuant to SAMC Sec. 36- 432(4) 55000 Red no parking areas- striped no parking areas 47.00 Pursuant to SAMC See. 36- 432(5) 55000 Parking outside /across designated parking lines Each Pursuant to SAMC Sec. 36- 432(6) 55000 Parking overtime on public parking lot 85.00 Pursuant to SAMC Sec. 36- 432(9) 55000 Use metered spaces when meter indicates unlawful parking 47.00 Pursuant to SAMC Sec. 36-432(l 1) 55000 Park any truck in excess of 2 tons in parking lot Each Pursuant to SAMC Sec, 36- 432(12) 55000 Unauthorized parking in "handicapped" zone 54.00 Pursuant to SAMC Sac. 36- 432(15) 55000 Continued Time Zone 54.00 Pursuant to SAMC Sec. 36 -143 55000 Parking within an intersection Each Pursuant to CVC See, 22500(a) 55000 Parking within a crosswalk 54.00 Pursuant to CVC Sea 22500(b) 55000 Parking adjacent to safety zone 54.00 Pursuant to CVC Sec. 22500(c) 55000 Parking within 15 ft. of driveway entrance of fire station Pursuant to CVC Sec. 22500(d) 55000 Parking on a sidewalk Pursuant to CVC Sec. 22500(f) 55000 Obstructing traffic by stopping, standing or parking alongside highway obstruction Pursuant to CVC Sec. 22500(8) 55000 Double Puking Pursuant to CVC Sec. 22500(h) 55000 Parking upon a bridge Pursuant to CVC Sec. 22500(k) 74 75D -2 -83 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES Each 56.00 56.00 Each 56.00 56.00 Each 56.00 56.00 Each 68.00 68.00 Each 56.00 56.00 Each 47.00 47.00 Each 47.00 47.00 Each 47.00 47.00 Each 56.00 56.00 Each 85.00 85.00 Each 47.00 47.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 RESOLUTION 201440 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 55000 Parked, right hand wheels more than 18" from right hand curb 54.00 Pursuant to CVC Sec. 22502(a) 55000 Motorcycle parked, one wheel or fender not touching curb 54.00 Pursuant to CVC Sec. 22502(e) 55000 Parked within 15 feet of fire hydrant Each Pursuant to CVC Sec. 22514 55000 Unattended vehicle, stop motor and set breaks 376.00 Pursuant to CVC Sec. 22515(a) 55000 Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuant to CVC Sec. 22507.8(a) 55000 Obstruct, block, or otherwise bar access to a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(b) 55000 Park or leave standing any vehicle, including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(c) 55000 Entering an Intersection, Rail- crossing or crosswalk Pursuant to CVC Sec. 22526 55000 No Year or Month License Plate Tab Pursuant to CVC Sec. 5204 55000 No Vehicle Front/Rear License Plate Pursuant to CVC Sec. 5200 55000 Stopping /Parking in a Fire Lane Pursuant to CVC Sec. 22500.1 55000 Parking in Front of a Driveway Pursuant to CVC Sec. 22500 (e) 55000 Parking vehicle for sale -1st violation Pursuant to SAMC Sec 41- 1301(a) 55000 Parking vehicle for sale - 2nd conviction vv /in year Pursuant to SAMC Sec, 41- 1301(a) 55000 Parking vehicle for sale- 3rd conviction w /in year Pursuant to SAMC Sec, 41- 1301(x) Program administered by Police Department 55000 Occupied Motor Home Pursuant to SAMC Sec. 10.89 55000 Park flours Pursuant to SAMC 31 -2.9 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 60.00 60.00 Each 376.00 376.00 Each 376.00 376.00 Each 376.00 376.00 Each 171.00 171.00 Each 108.00 108.00 Each 108.00 108.00 Each 119.00 119.00 Each 54.00 54.00 See Planning & Building section of Misc. Fee Schedule See Planning & Building section of Misc. Fee Schedule See Planning & Building section of Misc. Fee Schedule 75 75D -2 -84 Each 35.00 35.00 Each 95.00 95.00 RESOLUTION 2014 -### REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS PEE OR SER SECTION X POLICE DEPARTMENT 55000 Parked on Park Property FY 13 -14 Pursuant to SAMC 31 -2.160 55000 Exceed Period - Vehicle Storage FEES Pursuant to SAMC 36 -434 55000 Improper Display of Permit Each Pursuant to SAMC 36 -488 55000 Off Truck Route 116.00 Pursuant to SAMC 36471 53416 Wild Animal Permit Fee (Nonrefundable) 41.00 Pursuant to SAMC Sec. 5 -8 55402 Commercial Vehicle Violation: Public Streets vehicle in Each excess of 6 ti. in height parked within 100 ft. 144.00 of posted intersection (SAMC 36- 145.5) First Violation Second Violation (within a 12 mo. Period) Third Violation (within a 12 mo. Period) 76 75D -2 -85 Per Violation 66.00 66.00 Per Violation 100.00 100.00 Per Violation 125.00 125.00 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES Each 37.00 37.00 Each 116.00 116.00 Each 41.00 41.00 Each 89.00 89.00 Each 144.00 144.00 Per Violation 66.00 66.00 Per Violation 100.00 100.00 Per Violation 125.00 125.00 RESOLUTION 2014 -### REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEI SECTION XI PUBLIC WORKS AGENCY 05817002 -51701 Transportation Permits /Oversize/Overweight 16.00 Annual Permit 37.00 Single Trip Permit Each Fax Processing Service (Optional) 01117002 -51701 Building Moving Permits 16.00 Permit Fee (Per CALTRANS) Each Building Under 1,000 sq. ft. 16.00 Building 1,000 sq. ft. or over No Charge Legal Weight/Size Load 01117002 -57991 Banner and Decorations 149.38 Application Fee 146.16 Removal Fee 01117002-51608 Newsbox Permits and Inspection 172.50 Initial/Renewal Permit Pee 43.89 Annual Inspection Fee 01117002 -53707 Curb Painting 01117002 -53707 Street Name Sign 01117002 -53707 Miscellaneous Street Signs Stop, Yield, Bus Stop, etc. 06817002 -57010 Tree Planting 24" box minimum tree 08617002 -57770 City Street Map (22'X29 ") First Map Additional 08617002 -57770 Water System Map (62'X78 ") 08617002 -57770 Sewer System Map (62 "X78 ") 10117002 -57006 Geographic Information System (GIS) Consultant(s) Time Staff'Eime 08617002 -56305 Telecommunications Facility Application 08617002 -51704 Telecommunications Facility Inspection Charged in addition to Street Work Permits /Inspection Pees 08617002 -56305 Accelerated Plan Cheek for Public Improvements 08617002 -56305 Traffic Analysis /Studies Plan Check 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES Each 90.00 90.00 Each 16.00 16.00 Per Fiscal Year 37.00 37.82 Each 90.00 90.00 Each 16.00 16.00 Each 16.00 16.00 Not Required No Charge No Charge Per Transaction 146.16 149.38 Per Street Per Pole 146.16 149.38 Per Publication 168.79 172.50 Per Location 43.89 44.86 Per Foot 11.20 11.45 Minimum 203.13 207.60 Each 293.15 360.00 Each 362.12 370.09 Each 706.98 722.53 Each 3.55 3.63 Each 3.55 3.63 Each 10.36 10.59 Each 10.36 10.59 Actual Contract Actual Contract Cost Cost Actual Staff Cost Actual Staff Cost Each 958.03 979.10 Each 386.11 394.61 Per floor 222.58 22788 Per Hour 205.71 210.23 77 75D -2 -86 RESOLUTION 2014 -9" REVENUE ACCOUNT DEPARTMENT /MISCELLA SECTION XI PUBLIC WORKS AGENCY 08617002 -56305 Improvement Plan Check Per Hour NOTE: Street, Storm Drain, Traffic, Grading, Server and Water Plan Cheek and Storm Drain, Sewer, Water and Related Studies. 08617002 -56305 Surface Drainage Plan Check 08617002 -56305 Improvement Standard Plans/Specifications Storm Drains Street Improvements Sanitary Sewers Water Improvements Revision within 1 year 01117002 -56305 Plans /Specifications Fees (nonrefundable) Reproduction Mailing 08617002 -56305 Tract Map - Final 08617002 -56305 Parcel Map - Final 08617002 -56305 Lot Line Adjustment/Lot Merger 08617002 -56305 Certificate of Compliance 08617002 -51704 Single Family Residence Repair Fee for: driveways, sidewalks, curb coring 05817002 -53706 Street Work Permits /Inspection Pees Charged in addition to other fees 08617002 -51704 Inspection Fees: Trench Excavation/Back Fill (unless included in other fees) 08617002 -51704 Storm Drains /Culverts, Sewer, Water Mains /Line Channels 08617002 -51703 Sewer Laterals /Water Services 08617002 -51704 Traffic Occupancy or Lane Closure Requiring Signage All Streets Minor Streets Major Streets 08617002 -51704 Manhole, Vaults, Catch Basins mid required signage, striping or barricades Plus Earthwork 08617002 -51704 Curb, Gutter or Combination including Earthwork 78 75D -2 -87 2.20% FY 13.14 FY 14 -15 UNIT FEES FEES Per Hour 166.68 170.35 Per Hour 166.68 170.35 Set 12.08 12.34 Set 15.52 15.86 Set 12.08 12.34 Set 20.69 21.15 10 Sheets 25.88 26.45 Each additional 1.75 1.78 Minimum 1521 15.54 Per Hour 166.68 170.35 Per Hour 166.68 170.35 Per Hour 166.68 170.35 Per Hour 166.68 170.35 Each 246.85 252.28 Each 279.56 285.71 Linear Foot 1.81 1.85 Minimum 149.80 153.09 Linear Foot 8.44 8.63 Minimum 149.80 153.09 Each 915.66 935.81 Per Day 280.95 287.13 Deposit 88829 907.84 Deposit 1,182.69 1,208.71 Each 1,083.39 1,107.23 Linear Foot 2.06 2.11 Minimum 149.80 153.09 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14.15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002 -51704 Curb Retain, including Earthwork Each 278.49 2802 08617002 -51704 Sidewalk including Earthwork Sq.Foot 1.36 1.39 Minimum 149.80 153.09 08617002 -51704 Drive Approach including Earthwork Sq. Foot 0.92 0.94 Minimum 149.80 153.09 08617002 -51704 Paving, including Earthwork (0 - 2000 sq. ft.) Sq, Foot 0.38 0.39 (Over 2000 sq. ft) Sq. Foot 0.27 0.27 Minimum 149.80 153.09 08617002 -51704 Fencing Masonry, Concrete or Block Linear Foot 1.60 1.64 Minimum 134.58 137.54 08617002 -57006 Street Trees By Developer, Inspection Only Each 181.44 185.43 08617002 -51704 Permanent Sheet Patch Guarantee Refundable if done in 30 calendar days Sq. Foot 33.90 34.65 08617002 -51704 Projects Exceeding $50,000 & <= $100,000 and /or Percent of estimated Work items not included here construction costs 9.59% 9.59% 08617002 -51704 Projects Exceeding $100,000 and /or Percent of estimated Work items not included here construction costs 7.00% 7.00% 08617002 -57006 Overtime Rate for Construction Inspector Per Hour 51.82 to 55,94 Actual OT Rate Construction Inspector overtime rate range. Actual overtime hourly - rate based on Inspectors salary step 08617002 -56305 Certificate of Correction Per Hour 166.68 170.35 08617002 -56305 Covenants, Conditions, & Restrictions; Agreements and Per Hour 166.68 170.35 Miscellaneous Checking 06817002 -53710 Notice of Abatement - Standard Administration Fee Each 369.22 377.34 06817002 -53710 Notice of Abatement - Multiple Postings in a 12 -month Period Each 61.19 62.53 08617002 -51704 Survey Monument Check: 1st Monument Check Each 846.68 865.31 Additional monument Each 169.83 173.57 08617002 -51704 Uninitiated Street Wok Permit Per Permit Double Street Work Double Street Work Permit Fee Permit Fee 08617002 -57790 Abandonment Processing Summary Per Application 1,667.81 1,704.50 Non-Summary Per Application 5,003.43 5,113.51 05817002 -51705 Encroachment Processing Each 441.43 451.14 79 75D -2 -88 RESOLUTION 2014 -### REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION XI PUBLIC WORKS AGENCY 0601700253720 Meter Test 63.68 in Field/Shop 80.63 Note. Fee is refunded ifthe meter shows an error ofmore than 2% Each over the correct reading. 06017002 -53720 Replace Meter (Removed for Unpaid Bills) 311.70 Program administered by Public Worles Agency. Each 416.62 42539 * 3/4" 134.58 1" 1 1/2" 2" * After business hours, the charge for replacement NOTE: These charges are equal to the cost of installation ofnew, meters (a meter is only removed in cases where normal collection procedures fail). 06017002 -53720 Cut -off Water Service in Street 06017002 -53725 Temporary Construction Meter Deposit 06017002 -53720 Removal of Straight Pipe (administered by PWA) 06017002 -53720 Repair Curb Stop (administered by P WA) 01117002 -51609 Outdoor Dining Fee Annual license fee based on size of dining area 08617002 -57006 Citywide Bicycle Locker Program 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES Each 98.59 100.76 Each* 62.31 63.68 Each* 80.63 82.40 Each 132.88 135.81 Each 311.70 318.56 Each 416.62 42539 Minimum 134.58 137.54 Each 348.32 355.98 Each 1,069.00 1,092.52 Each 90.21 92.20 Each 132.88 135.81 Application Fee 1,182.55 1,208.57 Square Foot 0.77 0.79 Application Processing Per Fiscal Year Security Deposit One -tine, Refundable Key Replacement Per Key Lock Replacement Per Lock Damage /Repair Fee Each 0861700251704 Directional Boring Fee Per Linear Foot 01117002 -51402 2nd Street Mall Use Fee 05517002 -53701 Sewer Connection Fee 05617002 -53902 Sewer Grease Cleaning 80 75D -2 -89 Per Event Per Acre Per Plumbing Fixture Unit Per Year 7.79 Drainage Assessment Area Fee 22117002 -50500 Area 1 22217002 -50500 Area 22317002 -50500 Area 3 22417002 -50500 Area 4 22517002 -50500 Area 5 22617002 -50500 Area 6 05517002 -53701 Sewer Connection Fee 05617002 -53902 Sewer Grease Cleaning 80 75D -2 -89 Per Event Per Acre Per Plumbing Fixture Unit Per Year 7.79 7.97 77.83 79.54 23.36 23.88 124.53 127.27 46.70 47.73 2.11 2.15 38.93 39.79 6,475.64 6,618.10 7,806.58 7,978.32 4,202.95 4,295A1 6,203.23 6,339.71 7,067.17 7,222.64 6,950.43 7,103.34 92.53 94.57 2,09522 2,141.32 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002 -57006 Residential Parking Permit Single Family Home - each permit every two years 60.00 61.32 maximum 3 permits Multi - family Home (up to four plex) - each permit every two years 60.00 61.32 maximurn I permit 81 75D -2 -90 Trench Cut Fees - Changes based on Engineering News Record Dry Utilities 05817002 -53704 Arterial Street Resurfaced between 0 and 5 years 17.68 18.07 Resurfaced between 6 and 10 years 15.66 16.01 Resurfaced between 11 and 15 years 14.73 15.05 Resurfaced between 16 and 20 years 11.77 12.03 05817002 -53705 Local Street Resurfaced between 0 and 5 years 11.99 12.25 Resurfaced between 6 and 10 years 10.65 10.88 Resurfaced between 11 and 15 years 10.01 10.23 Resurfaced between 16 and 20 years 9.03 9.23 Resurfaced between 21 and 25 years 8.03 8.21 Wet Utilities 05817002 -53704 Arterial Street Resurfaced between 0 and 5 years 27.49 28.10 Resurfaced between 6 and 10 years 2433 24.86 Resurfaced between 11 and l5 years 22.89 23.40 Resurfaced between 16 and 20 years 18.31 18.71 05817002 -53705 Local Street Resurfaced between 0 and 5 years 18.64 19.05 Resurfaced between 6 and 10 years 16.54 16.91 Resurfaced between 11 and 15 years 15.55 15.89 Resurfaced between 16 and 20 years 14.03 14.34 Resurfaced between 21 and 25 yeas 12.48 12.75 PIPELINE PROJECT FEES PER RESOLUTION NO. 2009 -018 * New fees authorized pursuant to Resolution 2009 -018 in March 2009 ** Some fees previously approved pursuant to Resolution 2009 -018 and not subject to increase 08617002 -56305 Accelerated Plan Check for Public Improvements Per Hour 166.56 170.22 and Traffic Studies (Optional) 08617002 -56305 Improvement Plan Check Per Hour Per Hour 151.41 154.74 NOTE: Street, Storm Drain, Traffic, Grading, Sewer and Water Plan Check and Storm Drain, Server, Water and Related Studies. 08617002 -56305 Surface Drainage Plan Check Per Hour 146.56 14939 08617002 -56305 Tract Map - Final Per Hour 151.42 154.75 Minimum 1,514.21 1,547.52 81 75D -2 -90 RESOLUTION 2014 -### REVENUE ACCOUNT DEPARTMENT/MISCELL? SECTION XI PUBLIC WORKS AGENCY 08617002 -56305 Parcel Map - Final 08617002 -56305 Lot Line Adjustment 08617002 -56305 Certificate of Compliance 08617002 -51704 Single Family Residence Repair Fee for: driveways, sidewalks, curb toting 05817002 -53706 Street Work Peimits/Inspection Fees Charged in addition to other fees 08617002 -51704 Inspection Fees: Trench Excavation/Back Fill (unless included in other fees) In Dirt In Paving 08617002 -51704 Storm Drams/ Culverts, Sewer, Water Mains/Line Channels 08617002 -51704 Curb Return, including Earthwork 08617002 -51704 Sidewalk including Earthwork 08617002-51704 Drive Approach including Earthwork 82 75D -2 -91 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES Per Hour In Dirt 0.77 In Paving 08617002 -51703 Sewer Laterals /Water Services 08617002 -51704 Traffic Occupancy or Lane Closure Requiring Signage Per Hour All Streets 134.58 Minor Streets Minimum Major Streets 08617002 -51704 Manhole, Vaults, Catch Basins and required signage, Per Hour striping or barricades Linear Foot Plus Earthwork 08617002 -51704 Curb, Gutter or Combination including Earthwork 08617002 -51704 Curb Return, including Earthwork 08617002 -51704 Sidewalk including Earthwork 08617002-51704 Drive Approach including Earthwork 82 75D -2 -91 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES Per Hour 151.42 0.77 154.75 Minimum 1,514.21 Linear Foot 1,547.52 Per Hour 151.42 134.58 154.75 Minimum 454.25 4.41 464.25 Per Hour 151.42 Linear Foot 154.75 Minimum 454.25 134.58 464.25 Each 83.28 306.02 85.11 Each 153.44 Deposit 156.82 Linear Foot 0.75 0.77 Minimum 134.58 137.54 Linear Foot 1.07 1.09 Minimum 134.58 137.54 Linear Foot 4.31 4.41 Minimum 134.58 137.54 Linear Foot 4.92 5.03 Minimum 134.58 137.54 Each 299.43 306.02 Per Day 280.95 287.13 Deposit 888.29 907.84 Deposit 155.69 159.12 Each 225.43 230.39 Linear Foot 1.83 1.87 Minimum 134,58 137.54 Each 72.33 73.92 Minimum 134.58 137.54 Sq.Foot 0.66 0.67 Minimum 134.58 137.54 Sq. Foot 0.83 0.85 Minimum 134.58 13754 RESOLUTION 201440 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEAR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002 -51704 Paving, including Earthwork (0 - 2000 sq. ft.) Sq. Foot 0.26 0.26 (Over 2000 sq. ft.) Sq. Foot 0.18 0.19 05817002 -51705 Minimum 134.58 137.54 08617002 -57006 Street Trees 3.25% 3.25% 08617002 -57006 By Developer, Inspection Only Each 34.51 35.27 08617002 -51704 Minimum 95.58 97.69 08617002 -51704 Permanent Street Patch Guarantee 08617002 -57790 Abandonment Processing Refundable if done in 30 calendar days Sq. Foot 33.90 34.65 08617002 -51704 Projects Exceeding $100,000 and/or Percent of estimated 05817002 -51705 Encroachment Processing Each 441.43 Work items not included here conduction costs 3.25% 3.25% 08617002 -57006 Overtime Rate for Construction Inspectors Per Hour 51.82 to 55.94 Actual OT Rate 08617002 -51704 Construction Inspector overtime rate range. Actual overtime 0.60 0.61 hourly - rate based on Inspectors salary step 08617002 -56305 Certificate of Correction Minimum 454.25 464.25 Per Hour 151.42 154.75 08617002 -56305 Covenants, Conditions, & Restrictions; Agreements and Minimum 454.25 464.25 Miscellaneous Checking Per How 151.42 154.75 08617002 -51704 Survey Monument Check Per Hour 416.41 425.57 Maximum 1,249.29 1,276.78 08617002 -51704 Uninitiated Street Work Permit Per Permit Double Street Work Double Street Work Permit Fee Permit Fee 08617002 -57790 Abandonment Processing 83 75D -2 -92 0 - 600 square feet Per Application 81.27 83.05 Over 600 square feet Per Application 1,832.28 1,872.59 05817002 -51705 Encroachment Processing Each 441.43 451.14 01117002 -51609 Outdoor Dining Fee Application Fee 467.00 477.27 Annual license fee based on size of dining area Square Foot 0.77 0.79 08617002 -51704 Directional Boring Fee Per Linear Foot 0.60 0.61 Trench Cut Fees - Changes based on Engineering News Record Dry Utilities 05817002 -53704 Arterial Street Resurfaced between 0 and 5 years 17.68 18.07 Resurfaced between 6 and l0 years 15.66 16.01 Resurfaced between 11 and 15 years 14.73 15.05 Resurfaced between 16 and 20 years 11.77 12.03 83 75D -2 -92 RESOLUTION 2014 - ### 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 05817002 -53705 Local Street Resurfaced between 0 and 5 years 11.99 12.25 Resurfaced between 6 and 10 years 10.65 10.88 Resurfaced between 11 and 15 years 10.01 10.23 Resurfaced between 16 and 20 years 9.03 9.23 Resurfaced between 21 and 25 years 8.03 8.21 Wet Utilities 05817002 -53704 Arterial Street Resurfaced between 0 and 5 years 27.49 28.10 Resurfaced between 6 and 10 years 24.33 24.86 Resmiaced between 11 and 15 yews 22.89 23.40 Resurfaced between 16 and 20 yews 18.31 18.71 05817002 -53705 Local Street Resurfaced between 0 and 5 years 18.64 19.05 Resurfaced between 6 and 10 years 1624 16.59 Resurfaced between 11 and 15 years 15.55 15.89 Resurfaced between 16 and 20 years 14.03 14.34 Resurfaced between 21 and 25 years 12.48 12.75 84 75D -2 -93 PROPOSED NEW MISCELLANEO US FEES FY 2014 -201 S PLANNING AND BUILDING AGENCY 1) Permit Renewal / Extension Fee Existing Fee: None Proposed Fee: $70.63 per permit renewed or extended This fee will be charged to applicants requesting to extend or renew a building, electrical, mechanical or plumbing permit. Section 105.5 of The California Building Code states that a permit which has not received approval of a required inspection within 180 -days of the date of Filing is expired. The Building Official may grant a one -time permit extension of 180 -days provided the applicant submits a request in writing. This fee will cover the costs associated with the review of existing or amended building plans and associated inspections to determine and verify code compliance. The fee is one -half the standard inspection hourly rate of $138.22 for structural inspections. Planning anticipates 353 -500 of issued permits will need to be extended next year generating an estimated $30,000 in revenue. POLICE DEPARTMENT 2) Vehicle Processing Fee Existing Fee: None Proposed Fee: $75.00 per vehicle This proposed fee will recover the costs for a police officer and support staff (1.5hrs @ $50 an hour) to respond to and process paperwork associated with towed vehicles. This fee is less than the average amount of $93 charged by 17 Orange County cities. The estimated annual revenue is $170,000. 3) Street Closure Permit — Accelerated Processing Fee Existing Fee: None Proposed Fee: $143.08 per permit, additional This proposed fee will recover the hill costs (over $2,000 annually) incurred by the Police Department when a community member requests that a street closure permit be expedited. Expedited permits require an additional 4.2hrs of staff time at a combined rate of $34.24 for phone calls and follow -up as opposed to completing the process by mail. 75D -2 -94 New Miscellaneous Fees (cont'd) PUBLIC WORKS AGENCY 4) The Depot Meeting Room —Cleaning Deposit Existing Fee: None Proposed Fee: $218.31 To be consistent with similar City facility rental fees, the Cleaning Deposit will be charged to groups who rent the 4th or 5th Floor Meeting Rooms at the Santa Ana Regional Transportation Center /The Depot. The fee amount was determined to recover the full costs of cleaning and minor repairs, if needed. All cleaning deposits are refunded if the rental space does not require follow -up housekeeping or maintenance services. 5) The Depot— Suite 100 Existing Fee: None Proposed Fee: * Group 1 I Group 2 Group 3 Group 4 Group 5 Up to 3 hours NIC $530.42 $1,060.84 $742.59 $1,485.17 Each additional hour NIC $127.75 $255.50 $178.85 $357.70 Cleaning Deposit $218.31 $218.31 $218.31 $218.31 $218.31 Establishing this fee will provide community access to extra event space at the Santa Ana Regional Transportation Center /The Depot. City anticipates additional $7,850 in rental income a year. *Building Rental Fees Group 1 City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group 2 Resident not for profit civic, social, and religious organizations. Group 3 Nonresident not- forprofitcivic, social, and religious organizations. Group 4 Resident commercial, business, and for profit organizations. Group 5 Nonresident commercial, business, and for profit organizations. 86 75D -2 -95 MODIFIED MISCELLANEOUS FEES FY 2014 -2015 Proposed modifications to existing fees are fee rate adjustments to the Miscellaneous Fee Schedule. FINANCE & MANAGEMENT SERVICES 1) Credit Card Processing Fee (fee waived by Council through June 2014) Existing Fee (waived): Per transaction $3.60 Proposed Fee: Extend waiver through June, 2015 In 2012, the Council approved a moratorium on the imposition of the Credit Card Processing Fee, as a means to encourage customers to utilize more convenient payment methods. This has resulted in almost an increase of 50% from 2013 in the use of credit cards by our residents in making utilities and dog licensing payments. Staff recommends extending the credit card processing fee waiver through June, 2015. POLICE DEPARTMENT 2) Downtown Event Litter Control Deposit Existing Fee: $300.00 Proposed Fee: $500.00 This fee is being increased to recover full cost to the City for sweeping, trash removal and power washing after downtown events; and encourage event promoters to be more responsible. Any unused portion of the deposit is refunded. 3) Police Security Services - Lieutenant Existing Fee: $105.00 Proposed Fee: $69.83 This fee is being modified to reflect the hourly straight time rate for a Police Lieutenant. The Police Department collects around $300,000 for special event police security services on an annual basis. Fees will generate full cost recovery and range from $50 an hour for a PSO /PCO to $97 an hour for a Police Sergeant. This modified fee reflects the average hourly straight time rate for a Police Lieutenant. N 75D -2 -96 Modifications to Existing Fees (Cont'd) 4) False Alarm Services False Alarm Services (Code 459) Burglary Calls Commercial & Residential Istlncident 2nd Incident 3rd Incident 4th Incident 5th Incident 6th Incident -fee & warning of non - response 7th Incident 8th Incident -fee & placed on non - response status (Code 211) Robbery Calls - Residential Istlncident 2nd Incident 3rdlncident 4th Incident 5th Incident 6th Incident -fee & warning of non - response 7th Incident 8th Incident -fee & placed on non - response status (Code 211) Robbery Calls - Commercial Istlncident 2nd Incident 3rd Incident 4th Incident 5th Incident 61h Incident -fee & warning of non - response 7th Incident 8th Incident -fee & placed on non - response status Per Incident Per Incident Per Incident Existing Proposed Fee: Fee: No Charge No Charge 50.00 75.00 75.00 100.00 125.00 125.00 150.00 150.00 200.00 200.00 300.00 300.00 400.00 400.00 No charge No Charge 50.00 75.00 75.00 125.00 125.00 175.00 150.00 225.00 200.00 275.00 300.00 400.00 400.00 500.00 75.00 100.00 100.00 125.00 150.00 175.00 200.00 225.00 250.00 275.00 300.00 325.00 350.00 400.00 400.00 500.00 These fees are being modified to more fully recover the cost of providing service in response to false burglary and robbery alarms. These new fees are comparable to fees charged by other Orange County cities. An estimated $33,000 in additional revenue will be generated by these new fees. 88 75D -2 -97 Modifications to Existing Fees (Cont'd) PUBLIC WORKS AGENCY 5) Street Name Sign (01117002 - 53707) Existing Fee: $293.15 Proposed Fee: $360.00 This fee is applied when an applicant requests the replacement/creation and installation of a street sign. The existing fee of $293.15 covers the costs for the sign itself. The proposed fee would recoup for any additional costs associated with the replacing and mounting of the sign, such as, hardware and equipment and approximately two -hours in staff s time. City estimates that this revised fee will bring in an additional $1,000, and will realize full cost recovery. 6) Overtime Rate for Construction Inspectors (08617002 - 57006) Existing Fee: $51.82 to $55.94 Proposed Fee: Actual overtime hourly rate based on Inspector's salary step As described in the Miscellaneous Fee Schedule, overtime services rendered are to be based on the Construction Inspector's salary step. Since the implementation of this fee, the annual CPI increases have not kept pace with actual employee salaries. This recommended change in the determination of the fee will align the charge for services to the City's annual costs of $12,000. 89 75D -2 -98 CITY COUNCIL MEETING DATE: JUNE 17, 2014 PROPOSED AMENDMENTS TO EXECUTIVE MANAGEMENT CLASSIFICATIONS TO ADD, DELETE AND MODIFY SELECTED JOB TITLES CITY MANAGGEF't./ y Q As Recommended 0 As Amended • Ordinance on 1°' Reading • Ordinance on 2nd Reeding 0 Implementing Resolution 0 Set Public Hearing For 14TON11111M ♦ t J WIAE1��iFi�i Adopt an ordinance that modifies the official titles of certain executive managers to conform to their working titles. 2. Adopt a resolution that amends the City's basic management Classification and 014-15 . Currently, within the Municipal Code, several of the job titles for executive management classifications are outdated and no longer reflect existing departmental titles or organizational structure. For example, the code refers to the Library Director and the Fire Chief; however the Library is now a division within Parks, Recreation and Community Service (PRCS) headed by a Director of PROS and the Fire services are provided by the Orange County Fire Authority. In order to have the Municipal Code reflect the current titles, the City Manager proposes the adoptions of the subject ordinance which deletes these outdated job titles. Additionally, the City Manager proposes creating the job classification of Special Assistant to the City Manager. The Special Assistant to the City Manager is an Executive level position which will be responsible for spearheading a number of special projects such as the implementation of the Strategic Plan, the finalization and implementation of the City's Information and Technology plan, advising the City Manager on the determination of program needs, preparation and presentation of programs for Council consideration, and assisting departments with the Implementation of approved programs as well as providing valuable high level staff assistance to the City Manager. This position will require no changes to the City Manager's FY 14-15 budget as it will under fill the budgeted classification of Deputy City Manager. 75D -3 -1 Proposed Amendments to Executive Management Classifications June 17, 2414 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. 75D -3 -2 ORDINANCE NO. NS -2647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 2 -300 AND 2 -300.5 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING THE TITLE OF SPECIAL ASSISTANT TO THE CITY MANAGER AND MAKING OTHER TECHNICAL MODIFICATIONS TO THE TITLES OF OFFICERS AND DEPARTMENT HEADS OF THE CITY THE CITY COUNCIL OF THE CITY OF SANTAANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Council is desirous of adding the title of Special Assistant to the City Manager; and, Section 2. Section 2 -300 is amended by deleting reference to the Library Director and Fire Chief, so that it shall read as follows: Sec. 2 -300. City officers and department heads. The following are officers of the City of Santa Ana: (1) Members of the city council; (2) City manager; (3) City attorney; (4) Clerk of the council; (5) Assistant city manager; (6) Deputy city manager for development services; (7) Special assistant to the city manager; (8) Police chief; (9) Executive director of finance and management services; (10) Executive director of public works; (11) Executive director of parks, recreation and community services; (12) Executive director of personnel services; (13) Executive director of community development; (14) Executive director of planning and building safety. If 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 one or more sections, subsections, sentences, clauses, invalid or unconstitutional. 75D -3 -3 irrespective of the fact that any phrases, or portions be declared Ordinance No. NS -2647 Page 1 of 2 ADOPTED this day of 12014. Miguel A. Pulido Mayor APPROVED AS TO FORM: is Sonia R. Carvalho City Attorney AYES: Councilmembers: NOES: Councilmembers: ABESENT: Councilmembers: ABATAIN: 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 -2647 to, be the original ordinance adopted by the City Council of the City of Santa Ana on and that said ordinance was Charter of the City o published in accordance with the f Santa Ana. Date: Clerk of the Council City of Santa Ana 75D -3 -4 Ordinance No. NS -2647 Page 2 of 2 RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82 -110, 91 -066 AND 96 -095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS AND TO AMEND THE CITY'S BUDGET FOR FISCAL YEAR 2014 -2015. 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; and on December 21, 1987, the City Council passed and adopted Resolution No. 87 -94, amending Resolution No. 82 -110, to establish a Basic Classification and Compensation Plan for classifications of employment designated as Unaffiliated Confidential (UC), and to set forth certain levels of salaries and benefits for these classifications. C. 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) and Middle Management (MM). D. On November 18, 1996, the City Council passed and adopted Resolution No. 96 -095, establishing a Basic Classification and Compensation Plan for classes of employment designated as unrepresented Administrative Management (AM). E. With the adoption of the Annual Budget for Fiscal Year 2014 -2015, the City Council authorized certain organizational, staffing, and compensation changes which affect a number of classification titles in the City's Basic Classification and Compensation Plans. F. It is now desired to amend Council Resolution Nos. 82 -110, 91 -066 and 96 -095 to effect these changes. 75D -3 -5 SECTION 2: That Section 3 Assignment of Classes of Employment To Salary Rate Ranges of Resolution No. 82 -110, as amended, be further amended by: A. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly seven -step salary rate ranges indicated: Classification Title Redevelopment Project Manager I Redevelopment Project Manager 11 Redevelopment Project Manager III 7 -Step Salary Rate Ranae Effective 7/1/14 SRR Monthly Salary Minimum - Maximum 663 $5304 - $7107 703 $6446 - $8641 723 $7107 - $9529 B. Adding, in alphabetical sequence, the following full time classification title at the monthly six -step salary rate range indicated: Classification Title 6 -Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Budget Aide (UC) 638 $4694 - $5992 C. Designating the newly created classification title of Budget Aide as Unaffiliated Confidential by assigning the parenthetical identifier "(UC)" after this classification title. D. Adding, in alphabetical sequence, the following full time classification titles at the monthly seven -step salary rate ranges indicated: Classification Title 7 -Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Community Events Supervisor 668 $5434 - $7283 Stores and City Yard Property Specialist 612 $4132 - $5542 SECTION 3: That Section 3A Executive Management Classifications of Resolution No. 91 -066, as amended, be further amended by: A. Deleting the following full time classification title at the flat monthly salary as indicated: Classification Title Monthly Salary Rate Effective 7/1/14 SRR Flat Monthly Salary City Law Enforcement Liaison (EM) EM -37 $22083 B. Adding, in alphabetical sequence, the following full time classification title at the monthly fifteen -step salary rate range indicated: 75D -3 -6 Classification Title 15 -Step Salary Rate Range Effective 8/15/14 SRR Monthly Salary Minimum - Maximum Special Assistant to the City Manager (EM) EM -37 $10596 - $14971 C. Designating the newly created classification title of Special Assistant to the City Manager as Executive Management by assigning the parenthetical identifier "(EM)" after this classification title. SECTION 4: That Section 3B Middle Management Classifications of Resolution No. 91 -066, as amended, be further amended by deleting the following full time classification title at the monthly seventeen -step salary rate range indicated: Classification Title 17-Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Redevelopment Program Manager (MM)MM -26 $8961 - $13300 SECTION 5: That the full time classification title of Community Preservation Manager (MM) receive the following adjustment in designation and compensation: A. Delete it from Section 3B Middle Management Classifications of Resolution No. 91 -066 at the monthly seventeen -step salary rate range as follows: Classification Title 17-Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Community Preservation Manager (MM) MM -26 $8961 - $13300 B. Add it, in alphabetical sequence, to Section 3 Designation of administrative Management Classes and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96 -095, as amended, at the monthly five -step salary rate range as follows: Classification Title 5 -Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Community Preservation Manager (AM) AM743 $7837 - $9529 C. Designating the classification title of Community Preservation Manager as Administrative Management by assigning the parenthetical identifier "(AM)" after this classification title. SECTION 6: That Section 3 Designation of Administrative Management Classes and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96 -095, as amended, be further amended by: 75D -3 -7 A. Adding, in alphabetical sequence, the following full time classification title at the monthly five -step salary rate range indicated: Classification Title 5 -Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Benefits and Compensation Supervisor (AM) AM732 $7427 - $9029 B. Designating the newly created classification title of Benefits and Compensation Supervisor as Administrative Management by assigning the parenthetical identifier "(AM)" after this classification title. SECTION 7: That except as amended by this Resolution, all other provisions of Resolution Nos. 82 -110, 91 -066 and 96 -095, as amended, shall remain in full force and effect. SECTION 8: That except as stated otherwise above, this Resolution shall be operative from and after July 1, 2014. ADOPTED this 1st day of July, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Sonia R. Carvalho City Attorney AYES: NOES: 21 Councilmembers Councilmembers Councilmembers NOT PRESENT: Councilmembers 75D -3 -8 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 July 1, 2014. Date: 75D -3 -9 Clerk of the Council City of Santa Ana 75D -3 -10 REQUEST FOR COUNCIL/ HOUSING i" ACTION MEETING DATE: JUNE 17, 2014 FUNDING ALLOCATIONS FOR THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FISCAL YEAR 2014 - 2015 @�FMXN EXECUTIVE DIRE R CITY COUNCIL ACTION APPROVED © As Recommended C] As Amended 11 Ordinance on 1st Reading © Ordinance on 2nd Reading 171 Implementing Resolution ❑ Set Public Hearing For CONTINUED TO JUL 01 allik FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a Memorandum of Understanding between the City of Anaheim and the City of Santa Ana in an amount of not to exceed $1,531,466 for a one -year term to administer the Housing Opportunities for Persons with AIDS Program, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute a cooperative agreement with the County of Orange Health Care Agency in an amount of $890,372 for a one -year term to provide supportive housing services to HIV /AIDS - affected individuals in the County of Orange, subject to non - substantive changes approved by the City Manager and City Attorney. HOUSING AUTHORITY ACTION Authorize the Executive Director of the Housing Authority to execute a cooperative agreement between the City of Santa Ana and the Housing Authority of the City of Santa Ana in the amount of $600,000 for a one -year term for the implementation of the Housing Opportunities for Persons with AIDS Tenant -Based Rental Assistance Program, subject to non - substantive changes approved by the Executive Director and Authority General Counsel. 80A -1 HOPWA FY 2014 -2015 June 17, 2014 Page 2 2. Authorize the Executive Director of the Housing Authority to execute a cooperative agreement with AIDS Services Foundation Orange County in an amount not to exceed $12,000 for a one -year term to administer the wait list for the Tenant -Based Rental Assistance Program, subject to non - substantive changes approved by the Executive Director and Authority General Counsel. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on June 4, 2014, by a vote of 6:0, the Community Redevelopment and Housing Commission recommended the actions stated above. Since 1993, the City of Santa Ana has received federal funds through the U. S. Department of Housing and Urban Development (HUD) for the Housing Opportunities for Persons with AIDS ( HOPWA) Program. These funds were previously allocated to the City of Santa Ana as the most populous city in the county to use throughout the County of Orange. This fiscal year the City of Anaheim has been awarded the HOPWA funds as they are now the most populous city in Orange County. Due to the late notification and to ensure continuity of services for the upcoming year, the City of Santa Ana will contract with the City of Anaheim as an administrative agent to operate the HOPWA funds. Anaheim will provide $41,094 to Santa Ana for program administration. Eligible activities for the HOPWA program include: 1) new construction, acquisition and rehabilitation of affordable housing; 2) provision of tenant -based rental assistance; 3) short -term rental and mortgage payment assistance to prevent homelessness; 4) supportive social services and housing information services; 5) technical assistance; and 6) administrative expenses incurred by jurisdictions coordinating local programs. In allocating grant funds for eligible activities, the City of Santa Ana was required to consider the service needs of eligible persons who reside throughout Orange County and approve funding for projects which may be located anywhere within the county. In order to ensure that the limited funds were prioritized, staff worked closely with the Housing Committee of the Orange County HIV Planning Council, the HIV Planning Council, and agencies throughout the County of Orange to provide services to the HIV /AIDS community. On January 6, 2014, a strategic planning meeting was held to determine priorities for the Fiscal Year 2014 -2015 funds. Representatives from the Orange County Health Care Agency, service providers from throughout the county, HIV /AIDS infected and affected individuals and city staff participated in the meeting. Based on the strategic planning meeting, funding recommendations were established. The recommended funding levels are: 1) $600,000 to continue the Tenant -Based Rental Assistance Program with the Housing Authority of the City of Santa who will subcontract with AIDS Services Foundation Orange County to administer the wait list; 2) $890,372 to the Orange County Health 80A -2 HOPWA FY 2014 -2015 June 17, 2014 Page 3 Care Agency for supportive housing services to individuals throughout Orange County; 3) $41,094 for administrative costs. FISCAL IMPACT Funds are available in the HOPWA Program accounts (no. 4051$760- various and 40518761 - various). Shelly Lar�ary-Gayle `j Housing tanager Community Development Agency SLB/TE /kg APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: 1. Memorandum of Understanding (City— Anaheim) 2. Agreement (City — OCHCA) 3. Agreement (City — Housing Authority) 4. Agreement (Housing Authority — ASFOC) • I . EXHIBIT 1 Memorandum of Understanding Between The City of Anaheim, CA and The City of Santa Ana, CA On Administering The Housing Opportunities for Persons with AIDS Program ( HOPWA) This Memorandum of Understanding (MOU) establishes a Gran%e Administrative Sub - recipient Agent relationship between the City of Anaheim, CA and the City of,,Sapta Ana, CA. I. BACKGROUND AND PURPOSE The City of Anaheim is the formula grantee for brat €' Area (EMSA) under the U.S. Department of Housin,, Opportunities for Persons with AIDS program (HOp1 Opportunity Act, 42 USC 12901 et sea, and the HO which are incorporated into this AgrrIe m`ent. Under ,e County CA Eligi and Urban Develo responsible for ensuring that grants a'wadmiriistered in VW, , w' ,:.a ,, and other applicable laws. This responsibility canto may, however, provide HOPWA funds to pro ect spy 1 X01 sponsor means any rton- profit,orgamzatio for goS th funds from the grantee to carry o keligible act Ivitii Grantees may also imolementation,a of a under etropolitan Statistical �,((iUD) Housing e AIbS Housing a i regulations 244RR Part 574, 500, HOPWA Grantees are nce with the HOPWA regulations {i to project sponsors. Grantees ryou` ligible activities. A "project Lusmg agency that receives HOPWA lentified in'the approved grant application. organizations to assist ONLY in the OPWA grant with the direct services project In accordance with this MOU, th eCity of Santa Ana's Community Development Department will be the Administrative Sub- recipient A`geit,for the City, of Anaheim for the purpose of carrying out HOPWA eligible activities including activifes,related to 'administering HOPWA funds awarded by HUD to the City 4 of Anaheim. Together, the parties enter .intofhisr %MOU to ensure that HOPWA funds subject to this Agreement are used effectively and efficiently in% ccordance with HOPWA program regulations and other applicable laws. II. APPLICABLE HOPWA FUNDS This MOU applies to the following uncommitted HOPWA funds awarded by HUD to the City of Anaheim: Grant Number Program Year Uncommitted Amount CAH14FO10 FY 2014 -15 $1,536,466 1 • I M III. ROLES AND RESPONSIBILITIES Each party will appoint a person to serve as the official contact and coordinate the activities of the parties in carrying out this MOU. The initial appointees are: (List contact persons with titles, addresses, and telephone numbers below) Name: Albert Ramirez Title: Staff Analyst City of Anaheim Mailing Address: 201 W. Anaheim Blvd, Suite 1003 (.. "'; Telephone #: (714) 765 -4300 Ext: 4826 Email: ARamirez @anaheim.net .y Name: Terri Eggers Title: Senior Management Analyst jy' City of Santa Ana € , Mailing Address: 20 Civic Center Plaza, 6`s Floor' ,,�,`N, AN Telephone #: 714 647 -5378 Email: TEggers@Santa-AH4.org a� 5ry v The Parties agree to the following tasks for this, MOU i 3 a ni d, 4 �9 TL. /�.�. .L .�.- .L -:.v ... 11. i ✓ :T_� +a� a .. e 4'h# vJ A. Designate the Cit,df Santa Ana's Community Development Department as the Administrative Sub - recipient Agents or the�City�of 4naheim's HOPWA program to undertake activities on behalf otthe HQPWAeligIbI hQUSe oliis'throUghouttfi Orange County CA HOPWA EMSA. B Prquide overs ?ht end m nitonng of the Crty of Santa Ana's administration of HOPWA funds .v subject to this MOU to gnsure that the funds are used in accordance with the HOPWA regulations and other ap hcable lava3 k Ft� C. Prowde�such data and douments in`its' possession as the City of Santa Ana may need in preparing da uments for submission to HUD, including the year -end Consolidated Annual Performance`and Evaluati66 eport (CAPER) and /or in otherwise administering HOPWA funds subject to this D. Carry out essential grantee functions involving actions to sign and transmit to HUD application amendments, reports, and other documents relevant to the HOPWA program that are required by HUD, involving actions not otherwise delegated to the project sponsor. E. Provide the City of Santa Ana a maximum of $41,093.00 of the grant allocation for its expenses in administering its duties and obligations under this MOU. The City of Anaheim will retain a maximum of $5,000.00 of the allocation for its administration expenses. The total administrative costs for the HOPWA program will be $46,093.00, which is below regulatory requirements. F. Set up HOPWA activities in HUD's Integrated Disbursement and Information System (IDIS), with funds disbursed directly to the City of Anaheim. 2 • 11 G. Prepare application amendments, reports (including the CAPER), and other documents that HUD requires the City of Anaheim to submit, including taking preliminary actions in undertaking citizen participation and consultation activities, developing HOPWA elements in housing and homeless needs assessments, related housing market analysis, annual action plans, performance reports and other actions to develop, implement, and evaluate activities under the Consolidated Plan and HOPWA program requirements. The City of Santa Ana will: A. Serve as the Administrative Sub - recipient Agent for the City of *Anaheim's HOPWA program and collaborate to deliver program support for eligible housefiold's throughout the Orange County, CA HOPWA EMSA. J h B. Act on behalf of the City of Anaheim's Community "�Devel phentDepartment in meeting the requirements described in the HOPWA Performance Grant Ag eements signed by HUD and the City of Anaheim for the fiscal years and graj*- rfUmber identified i i Section II of this MOU. C. Conduct a project selection process that is fair and open and is designed fgensure that activities chosen for HOPWA funding will meet urgent needs that at of being met by�o�ther available public and private resources.2G` A'tfl.` D. Select projects for funding and avyarfunds under w itten agreements with the contracted Project Sponsors. � E. Account separately for the HOPWA` ds it adei isters undee this MOU from HOPWA funds that were previously awarded to Santa Aa as the largest city i i e Orange County CA EMSA. w F. Responsible toxprovidelinahrm with mformaton and dat -a ncessary for Anaheim to prepare the HOPWA CAPER� G. Monitor all activities carried ouY by the contracted project sponsors with funds made available unclerthis MW to ensur ur1i15 are bein g used effectively and efficiently to meet program obje tives', andthat they ire being spent in accordance with the HOPWA regulations and other i a ' apghcable laws � H Tekefiecessary steps m timely marmer to resolve and close findings arising from performance or colnpli nce reviews cbiducted bq FEUD, the City of Anaheim, or auditors that are related to ,. ,y the use of fronds made available under this MOU. IV. EFFECTIVE DATE, AMENDMENT, MODIFICATION, AND TERMINATION This MOU is effective for Fiscal Year 2014 -15, commencing July 1, 2014, and may be amended or modified only by written, mutual agreement of the parties. Either party may terminate this MOU by providing written notice to the other party. The termination shall be effective thirty (30) calendar days following notice, unless a later date is set forth. The parties shall cease the performance and rendition of services under this MOU as of the close of business on June 30, 2015 and shall thereafter comply with the performance reporting required by HUD and /or the City of Anaheim and all other provisions of the HOPWA grant relating to winding up the parties' respective obligations and duties under this MOU. 3 � � FOP WHEREFORE, the parties hereto have executed the Memorandum of Understanding in the County of Orange on the dates hereinafter respectively set forth. CITY OF ANAHEIM, a municipal corporation By: John E. Woodhead, IV Director, Community Development Department Dated: APPROVED AS TO FORM MICHAEL R.W. HOUSTON, Theodore J. Reyno CITY OF SANTA ANA, a municipal corporation By: David Cavazos, City Manager 80A -7 Dated: To Form Person Assistant City Attorney * 4 EXHIBIT 2 COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA This Cooperative Agreement ( "Agreement ") is hereby entered into for the term of July 1, 2014 through June 30, 2015, by and between the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California ( "City ") and the County of Orange ( "County"). Recitals: A. City, as Administrative Sub - recipient Agent for the City of Anaheim who, on behalf of all jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housing and Urban Development (HUD) pursuant to the Housing Opportunities for Persons with AIDS ( HOPWA) program. B. City has entered into a Memorandum of Understanding (MOU) with the City of Anaheim to administer the HOPWA Program. C. County has provided leadership and is responsible for planning, providing and contracting for comprehensive HIV services and has prepared, in conjunction with the HIV Planning Council, Orange County's HIV Plan for providing such services. D. City wishes to contract with County in order that County may obtain supportive housing services by contract for persons with HIV disease, which services shall be administered and monitored by County. E. County is agreeable to rendering such services on the terms and conditions hereinafter set forth; NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. COUNTY SERVICES A. County shall serve as " HOPWA Project Sponsor" for the purpose of contracting with organizations to provide supportive housing services, to persons with HIV /AIDS residing in Orange County. B. Nothing in this Agreement shall prevent City from entering into one or more agreements with other political subdivisions within the County, if deemed necessary and advisable to do so by City; provided however, the obligations and rights covered by this Agreement shall not be altered or reduced, except as mutually agreed to in writing by City and County. .1 C. County shall utilize competitive bidding and contracting procedures for supportive housing services as required in HOPWA program regulations. As HOPWA Project Sponsor, County's responsibilities and payments cover appropriate monitoring and administration of contracts resulting from competitive bid. D. County shall ensure that each agency subcontractor receiving funds through this Agreement operates in accordance with the requirements of the applicable HUD regulations for the HOPWA Program and other federal, state and local regulations as appropriate. E. County shall conduct an ongoing assessment of the supportive housing services required by the participants in the program. F. County shall assure the adequate provision of supportive services to the participants in the program. G. County shall comply with such other terms and conditions, including record keeping and reports for program monitoring and evaluation purposes, as HUD may establish for purposes of carrying out the program in an effective and efficient manner. Quarterly and Annual progress reports will be submitted by County within forty -five (45) days after the quarter /year ends in a form consistent with HUD publication HUD-401 10-D or any other form that HUD may require. [See Exhibit A (Annual Report) attached hereto and incorporated herein by reference]. The report shall include copies of all Requests For Proposals (RFPs) released by County pursuant to this Agreement, copies of contracts between County and service providers, as well as a summary of program budgets and financial disbursements made under the terms of this Agreement. H. "Contract Officers" means the County's Health Care Agency Contract Development and Management Manager or designee and the City's Housing and Neighborhood Development Manager. L County shall ensure that any County Subgrantee /Subcontractor receiving funds through this Agreement is informed that it must abide by the same terms and conditions and responsibilities as set forth in this Agreement for the County to follow. II. BUDGET A. The following budget is an estimate only, of the costs of providing the services hereunder. This budget may be modified by mutual written agreement of the Contract Officers. The maximum obligation hereunder is $890,372. Supportive Housing Services $ 828,046 Administration* (see B. below) 62,326 $ 890,372 B. The Administration costs shall be seven percent (7 %) of the actual expended grant funds. .' C. All services and expenditures will be performed by June 30, 2015 and invoiced by August 15, 2015. Any remaining funds under this Agreement will be de- obligated upon termination of this Agreement. III. PAYMENTS /COST REPORT A. City shall pay County for the actual costs of providing the services hereunder, whether provided directly by County or its subcontractors, provided, however, the total of all payments to County shall not exceed the Maximum Obligation as specified hereinabove. B. County shall invoice City monthly, in arrears, based on the actual cost of providing and contracting for the services hereunder. County shall submit each invoice within forty - five (45) days after the end of each month. City shall pay County no later than thirty (30) days following receipt of such invoice and complete documentation of services performed, cost and number of persons served. Final invoice must be submitted by August 15, 2015. C. All invoices submitted by County shall be accompanied by source documentation including, but not limited to, journals, time sheets, canceled checks, invoices and records of services provided. D. At such times and in such a format as the Contract Officers mutually agree in writing, County shall prepare and submit to City report(s) of administrative costs incurred by County in the performance of this Agreement. E. The Cost Report(s) shall be financial and statistical report(s) submitted by County to City, and shall serve as the basis for Final Settlement of this Agreement. The Cost Report (s) shall detail all costs incurred by County to provide services hereunder. F. Final Settlement shall be based upon the actual costs incurred by County to provide services hereunder. If the Cost Report(s) indicates the total of City's payments to County are less than County's cost to provide the services hereunder, City shall pay County the difference; provided, however, the total payment shall not exceed the Maximum Obligation. Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final Settlement determination. IV. DISPUTE RESOLUTION A. Either party may give written notice to the other, setting forth in specific terms the existence and nature of any unresolved matter or concern related to the purposes and obligations of this Agreement. Such notice shall be provided by and to the Contract Officers on behalf of the parties. The Officers shall have fifteen (15) working days following such notice to obtain resolution of any issue(s) identified in this manner, provided, however, by mutual consent this period of time may be extended to thirty (30) days. B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint written Statement describing the facts of the issue, within thirty (30) days after the written FORAM notice described above to the Orange County Health Care Agency (HCA) Director and to the Executive Director of the Community Development Agency (CDA) or designee for resolution. If the Officers are unable to prepare a joint statement, each shall submit separate statements to the HCA Director and Executive Director of City's Community Development Agency within the thirty (30) day period. Such persons shall meet and make their best effort to resolve the matter within thirty (30) days following submission of the statements. Resolution of the dispute, or lack thereof, by the HCA Director and CDA Director or designee shall be documented in the form of written correspondence exchanged by such persons within ten (10) days following their meeting. V. INDEMNIFICATION Each party agrees to indemnify and hold harmless the other party, its officers, agents, and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. VI. INSPECTIONS AND AUDITS A. Any authorized representative of City, any authorized representative of the State of California, the Secretary of the United States Department of Health and Human Services, the Comptroller General of the United States Department of Housing and Urban Development or any of their authorized representatives, shall have access to County books, documents, and records, which such persons deem pertinent to the Agreement, for the purpose of conducting an audit, evaluation, or examination, or making transcripts during the periods of retention set forth in the Records /Confidentiality paragraph of this Agreement and the premises in which they are provided. B. County shall actively participate and cooperate with any person specified in subparagraph A. above in any evaluation or monitoring of the services provided pursuant to this Agreement, and shall provide the above mentioned persons adequate office space to conduct such evaluation or monitoring. VII. LICENSES AND LAW A. County, its officers, agents, employees, and subcontractors shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States Department of Health and Human Services, State of California, County and any other applicable governmental agencies. B. County shall comply with all laws, rules or regulations applicable to the services provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and regulations shall include, but not be limited to the following: 4 80A -11 1. United States Code (U.S.C.A.), Title 42, Section 12901 - 12912, AIDS Housing Opportunity Act. 2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities for Persons with AIDS. 3. CFR Title 24, Part 85, Common Rule to the Community Development Block Grant Entitlement Program. 4. Office of Management and Budget (OMB) Circular No. A -87, Cost Principles for State and Local Governments. 5. OMB Circular No. A -128, Single Audit Act of 1984. VIII. NONDISCRIMINATION A. EMPLOYMENT — County warrants that it has developed and does maintain an Affirmative Action program for employment which includes goals and timetables for employment of women and minorities, which program meets the Affirmative Action Guidelines of the United States Equal Opportunity Commission and all appropriate state and federal laws and regulations. B. SERVICES, BENEFITS, AND FACILITIES — Neither County, nor any of its contractors, shall discriminate in the provision or services, the allocation of benefits, or in the accommodation in facilities on the basis of ethnic group identification, race, religion, ancestry, creed, color, sex, marital status, national origin, age (40 and over), sexual preference, medical condition, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. §2000d and all other pertinent rules and regulations promulgated pursuant thereto, and as otherwise provided by State law and regulations, as all may now exist or be hereafter amended or changed. C. DISABLED INDIVIDUALS — County and its contractors shall agree to comply with the provisions of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A 794 et seq., as implemented in 45 CFR 84.1 et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C.A. 12101 et seq.), pertaining to the prohibition of discrimination against qualified disabled persons in all programs or activities, as they exist now or may be hereafter amended together with succeeding legislation. D. RETALIATION — Neither County, nor its employees, agents, or contractors shall intimidate, coerce or take adverse action against any person for the purpose of interfering with rights secured by Federal or State laws, or because such person has filed a complaint, certified, assisted or otherwise participated in an investigation, proceeding, hearing or any other activity undertaken to enforce rights secured by Federal or State law. IX. NOTICES 80A -12 Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: City of Santa Ana HOPWA Coordinator 20 Civic Center Plaza (M -27) Santa Ana, California 92702 -1988 To County: County of Orange Health Care Agency Contract Development and Management 405 West 5th Street, 6th Floor Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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, any notice, tender, demand, delivery, or other 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. X. RECORDS /CONFIDENTIALITY a. The parties, and any subcontractors, shall prepare and maintain any records required by laws, regulations and procedures applicable to their responsibilities under this Agreement. b. The parties agree to maintain the confidentiality of any records which pertain to this Agreement in accordance with applicable state and federal laws and regulations. Financial records related to this Agreement shall be maintained for two (2) years after termination of this Agreement. 6 80A -13 c. "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. XI. 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 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. XII. SEVERABILITY If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable. XIII. INDEPENDENT CONTRACTOR County is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. County is entirely responsible for compensating staff and consultants employed by County. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between County and City or any of County's employees, agents, or subcontractors, or principal and agent, between County and City or any of County's employees,. County assumes exclusively the responsibility for the acts of its employees, agents or subcontractors as they relate to the services to be provided during the course and scope of their employment. County, its agents, employees, or subcontractors, shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be City employees. XIV. TERM The term of this Agreement shall commence and terminate as specified herein, unless otherwise sooner terminated as provided in this Agreement; provided, however, County shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to indemnification, audits, reporting and accounting. • ' 1 I .� XV. TERMINATION A. Either party may terminate this Agreement, without cause, upon ninety (90) days written notice given the other party. B. Either party may terminate this Agreement, upon thirty (3 0) days written notice given the other party for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of County or City provided in this Termination paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. k:#ATA I Igo IIN1171'A&V':3DIU8I WIN F.11 :�• Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any patients provided services hereunder. XVII. WAIVER OF DEFAULT OR BREACH Waiver of any default by County or City shall not be considered a waiver of any subsequent default. Waiver of any breach of County or City of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach by County or City shall not be considered a modification of the terms of this Agreement. XVIIL NHSCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. FOODYMW IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California, on the date and year first above written. ATTEST: CITY OF SANTA ANA: Maria D. Huizar David Cavazos Clerk of the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 1 By: k. Lisa E. Storck Assistant City Attorney COUNTY OF ORANGE Ow CHAIRMAN OF THE BOARD OF SUPERVISORS SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD, DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY: DEPUTY .O X•. EXHIBIT 3 COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA This Cooperative Agreement entered into this 1st day of July, 2014, which date is enumerated for purpose of reference only, is by and between the City of Santa Ana ( "City ") and the Housing Authority of the City of Santa Ana ( "Project Sponsor "). This Agreement shall be administered by the City of Santa Ana. RECITALS: A. City, as Administrative Sub - recipient Agent for the City of Anaheim, who on behalf of all jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housing and Urban Development ( "HUD ") pursuant to the Housing Opportunities for Persons with AIDS ( "HOPWA') Program. B. City has entered into an Memorandum of Understanding (MOU) with the City of Anaheim to administer the HOPWA Program. C. Project Sponsor has provided leadership and is responsible for planning and providing comprehensive HIV services for clients throughout Orange County and will maintain the wait list for the program. D. Project Sponsor will provide services to support the Tenant -Based Rental Assistance Program which consists of financial eligibility of tenants, HQS inspections, and financial responsibility for housing assistance payments to landlords. E. The parties have cooperatively written and agree to an Administrative Plan which identifies guidelines for the operation of the HOPWA Tenant -Based Rental Assistance Program. NOW, THEREFORE, the parties mutually agree as follows: I. ALTERATION OF TERMS A. The parties anticipate that this Agreement may be amended, or followed by additional agreements, to implement additional services and funding of the type covered by this Agreement. B. This Agreement fully expresses all understanding of City and Project Sponsor with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in writing and formally approved and executed by each party. 80A -17 II. SERVICES A. City shall serve as " HOPWA Grantee" for the purpose of contracting with organizations to provide Tenant -Based Rental Assistance to persons disabled due to HIV /AIDS residing in Orange County. B. Nothing in this Agreement shall prevent City from entering into one or more agreements with the other agencies or contractors within the County, if deemed necessary and advisable to do so by City; provided however, the obligations and rights covered by this Agreement shall not be altered or reduced, except as mutually agreed to in writing by City and Project Sponsor. C. City shall conduct an ongoing assessment of the Tenant -Based Rental Assistance Program. D. Project Sponsor shall assure the adequate provision of supportive services to applicants /participants to ensure program success. E. Project Sponsor shall comply with such other terms and conditions, including record keeping and reports for program monitoring and evaluation purposes, as HUD may establish for purposes of carrying out the program in an effective and efficient manner. Annual progress reports will be prepared by Project Sponsor in a form consistent with HUD publications HUD - 40110 -C (8/94). In addition, Project Sponsor shall forward quarterly narrative reports to City identifying accomplishments as HOPWA Project Sponsor for Tenant -Based Rental Assistance for persons with HIV disease. These reports are to be submitted in conjunction with payment /cost reports identified in Section IV of this Agreement along with a summary of program budgets and financial disbursements made under the terms of this Agreement. F. "Contract Officers" means the City's Housing Manager or designee and Project Sponsor's designee. III. BUDGET The following budget is an estimate only of the cost of providing the services hereunder for the term July 1, 2014 through June 30, 2015. This budget may be modified by mutual written agreement of the Contract Officers. Administration $ 42,000.00 Housing Assistance Payments /Program Expense $558,000.00 TOTAL (Maximum Obligation) $600,000.00 FOODINFOO IV. PAYMENTS /COST REPORT A. 1) City shall pay Project Sponsor for the actual costs of providing the administration of services hereunder, whether provided directly by Project Sponsor, provided, however, the total of all payments to Project Sponsor shall not exceed the Maximum Obligation as specified in Section III of the Agreement. 2) City shall draw down HOPWA funds designated for rental subsidy payments on a monthly basis after receipt of certification of individual of individual tenant subsidy amounts. After final approval by City, funds will be disbursed to landlords. B. Project Sponsor shall invoice City monthly exclusive of rental subsidy payments, in arrears, based on the actual cost of providing and contracting for the services hereunder. City shall pay Project Sponsor no later than thirty (30) days following receipt of such invoice. Monthly payments are interim payments only, and are subject to final settlement and reconciliation to the final Cost Report submitted by Project Sponsor, C. All billings by Project Sponsor shall be accompanied by copies of source documentation including, but not limited to, journals, time sheets, canceled checks, and records of cost incurred by Project Sponsor in the performance of this Agreement. D. At such times and in such a format as the Contract Officers mutually agree in writing, Project Sponsor shall prepare and submit to City reports of cost incurred by Project Sponsor in the performance of this Agreement. E. The Cost Report(s) shall be financial and statistical reports(s) submitted by Project Sponsor to City, and shall serve as the basis for final Settlement of this Agreement. The Cost Reports(s) shall detail all costs incurred by Project Sponsor to provide services hereunder. F. Final Settlement shall be based upon the actual costs incurred by Project Sponsor to provide services hereunder. If the Cost Report(s) indicates the total of City's payments to Project Sponsor are less than Project Sponsor's cost to provide the services hereunder, City shall pay Project Sponsor the difference; provided, however, the total payment shall not exceed the Maximum Obligation. If the Cost Report(s) indicates the total of City's payments to Project Sponsor are higher than Project Sponsor's cost of providing the services hereunder, Project Sponsor shall pay City the difference. Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final Settlement determination. . ' A .� G. Any funds not expended by fiscal year end, June 30, 2015 shall be returned to City. Said unexpended funds shall be reallocated by City through the HOPWA Program. V. DISPUTE RESOLUTION A. Any party may give written notice to the other setting forth in specific terms the existence and nature of any unresolved matter or concern related to the purposes and obligations of this Agreement. Such notice shall be provided by and to the Contract Officers on behalf of the parties. The Officers shall have fifteen (15) working days following such notice to obtain resolution of any issues(s) identified in this manner; provided, however, by mutual consent this period of time may be extended to thirty (30) days. B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint written Statement describing the facts of the issue, within thirty (30) days after the written notice described above to the Executive Director of the Community Development Agency ( "Executive Director ") and to City's Housing Manager for resolution. If the Officers are unable to prepare a joint statement, each shall submit separate statements to the previously listed within the thirty (30) day period. Such persons shall meet and make their best effort to resolve the matter within thirty (30) days following submission of the statements. Resolution of the dispute, or lack thereof, by the Executive Director and the Santa Ana City Manager shall be documented in the form of written correspondence exchanged by such persons within ten (10) days following their meeting. VI. INDEMNIFICATION Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. VII. INSURANCE With respect to performance of work under this Agreement, Project Sponsor shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: 1. Worker's compensation insurance within statutory legal limits, and 2. Commercial General Liability insurance with limits of not less than $1,000,000 per accident /incident. Project Sponsor shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the City 4 80A -20 which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the City; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. VIII. INSPECTIONS AND AUDITS A. Any authorized representative of City, the Comptroller General of the United States, the United States Department of Housing and Urban Development or any of their authorized representatives, shall have access to City books, documents, records, which such persons deem pertinent to this Agreement, for the purpose of conducting an audit, evaluation, or examination, or malting transcripts during the periods of retention set forth in the Records /Confidentiality paragraph of this Agreement and the premises in which they are provided. B. City shall actively participate and cooperate with any persons specified in subparagraph A above in any evaluation or monitoring of the services provided pursuant to the Agreement, and shall provide the above mentioned persons adequate office space to conduct such evaluation or monitoring. IX. LICENSES AND LAW A. Project Sponsor, its officers, agents, employees, and subcontractors shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, State of California, City, and any other applicable governmental agencies. B. Project Sponsor shall comply with all laws, rules, or regulations applicable to the services provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and regulations shall include, but not limited to the following: 1. United States Code (U.S.C.), title 42, Section 12901 - 12912, AIDS Housing Opportunity Act. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities for Persons with AIDS. 3. Office of Management and Budget (OMB) Circular No. A -122, Cost Principles for nonprofit organizations. 4. OMB Circular No. A -133, Audits of Institutions of Higher Education and Other Nonprofit Institutions. 80A -21 IX. NONDISCRIMINATION A. Employment — Project Sponsor warrants that it has developed and does maintain an Affirmative Action program for employment which includes goals and timetables for employment of women and minorities, which program meets the Affirmative Action Guidelines of the Federal Equal Opportunity Commission and all appropriate state laws and regulations. B. Services, Benefits, and Facilities — Project Sponsor and its contractors, shall not discriminate in the provision of services, the allocation of benefits, or in the accommodation in facilities on the basis of ethnic group identification, race, religion, ancestry, creed, color, sex, marital status, national origin, age, sexual preference, medical condition, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d and all other pertinent rules and regulations promulgated pursuant thereto, and as otherwise provided by state law and regulations, as all may now exist or be hereafter amended or changed. C. Disabled Individuals — Project Sponsor and its contractors agree to comply with the provisions of Section 504 of the Rehabilitation Act of 1973 (20 U.S.C. 794 et seq., as implemented in 45 CFR 84.1 et seq.), pertaining to the prohibition of discrimination against qualified handicapped persons in all programs or activities, as they exist now or may be hereafter amended together with succeeding legislation. D. Retaliation— Project Sponsor and its employees, agents, or contractors shall not intimidate, coerce or take adverse action against any person for the purpose of interfering with rights secured by federal or state laws, or because such person has filed a complaint, certified, assisted or otherwise participated in an investigation, proceeding, hearing or any other activity undertaken to enforce rights secured by federal or state law. X. NOTICES A. Unless otherwise specified, all notices, claims, correspondence, reports and /or statements authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as specified in this Agreement. B. Termination Notices shall be effective when written and deposited in the United States mail, certified, return receipt requested, and addressed as specified below. C. For purposes of this Agreement, any notice to be provided by City may be given by Contract Officers. Notices to City and Project Sponsor shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: 6 80A -22 City City of Santa Ana Attn: Executive Director CDA 20 Civic Center Plaza (M -25) Santa Ana, CA 92701 Project Sponsor: Santa Ana Housing Authority Attn: Housing Manager 20 Civic Center Plaza (M -27) Santa Ana, CA 92701 XI. RECORDS /CONFIDENTIALITY A. The parties, and any subcontractors, shall prepare and maintain any records required by laws, regulations, and procedures applicable to their responsibilities under this Agreement. B. The parties agree to maintain the confidentiality of any records which pertain to this Agreement in accordance with applicable state and federal laws and regulations. Financial records related to this Agreement shall be maintained for two (2) years after termination of this Agreement. XIL SEVERABILITY If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable. XIII. STATUS OF CONTRACTOR The Housing Authority is, and at all times shall be deemed to be, an independent contractor and shall be wholly responsible for the manner in which they perform the services required by the terms of this Agreement. The Housing Authority is, and at all times shall be deemed to be, entirely responsible for compensating staff and consultants employed by the Housing Authority. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between City and the Housing Authority employees, agents, or subcontractors. The Housing Authority assumes exclusively the responsibility for the acts of its employees, agents or subcontractors as they relate to the services to be provided during the course and scope of their employment. The Housing Authority, its agents, employees, or subcontractors, shall FOODYMW not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be City employees. XIV. NON - ASSIGNABILITY AND DELEGATION Project Sponsor shall not assign any rights under this Agreement except upon written authorization from City. XV. TERM The term of this Agreement shall commence July 1, 2014 and terminate June 30, 2015, unless terminated earlier as provided in this Agreement; provided, however, the Santa Ana Housing Authority shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to indemnification, audits, reporting and accounting. XVI. TERMINATION A. Any party may terminate this Agreement, without cause, upon ninety (90) days written notice given the other parties. B. Any party may terminate this Agreement, upon thirty (30) days written notice given the other parties for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of City and the Housing Authority provided in this Termination paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. XVII. THIRD PARTY BENEFICIARY No party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any patients provided services hereunder. XVIIL WAIVER OF DEFAULT OR BREACH Waiver of any default the Housing Authority or City shall not be considered a waiver of any subsequent default. Waiver of any breach by the Housing Authority or City of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default of any breach by the Housing Authority or City shall not be considered a modification of the terms of this Agreement. • ' 1 I .� IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date stated above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa E. Storck Assistant City Attorney APPROVED AS TO CONTENT: David Cavazos City Manager HOUSING AUTHORITY David Cavazos Acting Executive Director EXHIBIT 4 COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA AND AIDS SERVICES FOUNDATION ORANGE COUNTY This Cooperative Agreement entered into this 1st day of July, 2014, which date is enumerated for purpose of reference only, is by and between the Housing Authority of the City of Santa Ana ( "Housing Authority "), and the AIDS Services Foundation Orange County ( "Contractor "). This Agreement shall be administered by the Housing Authority of the City of Santa. Ana. RECITALS: A. The City of Santa Ana ( "City ") as Administrative Sub - recipient Agent for the City of Anaheim who on behalf of all jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housing and Urban Development ( "HUD ") pursuant to the Housing Opportunities for Persons With AIDS ( "HOPWA ") Program. B. City has entered into a Memorandum of Understanding (MOU) with the City of Anaheim to administer the HOPWA Program. C. City has entered into an agreement with the Housing Authority of the City of Santa Ana ( "Project Sponsor "). D. Project Sponsor will provide services to support the Tenant -Based Rental Assistance Program which consists of financial eligibility of tenants, HQS inspections, and financial responsibility for housing assistance payments to landlords. E. Project Sponsor has entered into an agreement with Contractor for Contractor to provide services to support the Tenant Based Rental Assistance Program by maintaining the wait list and confirming disability status as defined in the Administrative Plan. F. The parties have cooperatively written and agree to an Administrative Plan which identifies guidelines for the operation of the HOPWA Tenant -Based Rental Assistance Program. NOW, THEREFORE, the parties mutually agree as follows: L ALTERATION OF TERMS A. The parties anticipate that this Agreement may be amended, or followed by additional agreements, to implement additional services and funding of the type covered by this Agreement. B. This Agreement fully expresses all understanding of Project Sponsor and .O I Contractor with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in writing and formally approved and executed by all parties. II. SERVICES A. Housing Authority of the City of Santa Ana shall serve as " HOPWA Project Sponsor" for the purpose of providing Tenant -Based Rental Assistance to persons disabled due to HIV /AIDS residing in Orange County. B. Nothing in this Agreement shall prevent the Project Sponsor from entering into one or more agreements with the other agencies or contractors within the County, if deemed necessary and advisable to do so by the Project Sponsor; provided however, the obligations and rights covered by this Agreement shall not be altered or reduced, except as mutually agreed to in writing by Project Sponsor and Contractor. C. Contractor shall conduct an ongoing assessment of the Tenant Based Rental Assistance Program. D. Contractor shall assure the adequate provision of application intake and maintenance of the Tenant Based Rental Assistance Program wait list. Contractor will also verify disabilities due to HIV status of each applicant. E. Contractor shall comply with such other terms and conditions, including record keeping and reports for program monitoring and evaluation purposes, as HUD may establish for purposes of carrying out the program in an effective and efficient manner. Contractor shall forward quarterly narrative reports to the Project Sponsor identifying accomplishments as HOPWA Contractor for Tenant -Based Rental Assistance for persons with HIV disease. These reports are to be submitted in conjunction with payment /cost reports identified in Section IV of this Agreement along with a summary of program budgets and financial disbursements made under the terms of this Agreement. F. "Contract Officers" means the City's Housing Manager or designee, and Contractor's designee. III. BUDGET The following budget is an estimate only of the cost of providing the services hereunder for the term July 1, 2014 through June 30, 2015. This budget may be modified by mutual written agreement of the Contract Officers. Administration $12,000.00 80A -27 TOTAL (Maximum Obligation) $12,000.00 IV. PAYMENTS /COST REPORT A. Project Sponsor shall pay Contractor for the actual costs of providing the administration of services hereunder, provided, however, the total of all payments to Contractor shall not exceed the Maximum Obligation as specified in Section III of the Agreement. B. Contractor shall invoice Project Sponsor monthly in arrears, based on the actual cost of providing and contracting for the services hereunder. Project Sponsor shall pay Contractor no later than thirty (30) days following receipt of such invoice. Monthly payments are interim payments only, and are subject to final settlement and reconciliation to the final Cost Report submitted by Contractor. C. All billings by Contractor shall be accompanied by copies of source documentation including, but not limited to, journals, time sheets, canceled checks, and records of cost incurred by Contractor in the performance of this Agreement. D. At such times and in such a format as the Contract Officers mutually agree in writing, Contractor shall prepare and submit to 'Project Sponsor reports of cost incurred by Contractor in the performance of this Agreement. E. The Cost Report(s) shall be financial and statistical reports(s) submitted by Contractor to Project Sponsor, and shall serve as the basis for final Settlement of this Agreement. The Cost Reports(s) shall detail all costs incurred by Contractor to provide services hereunder. F. Final Settlement shall be based upon the actual costs incurred by Contractor to provide services hereunder. If the Cost Report(s) indicates the total of Project Sponsor's payments to Contractor are less than Contractor's cost to provide the services hereunder, Project Sponsor shall pay Contractor the difference; provided, however, the total payment shall not exceed the Maximum Obligation. If the Cost Report(s) indicates the total of Project Sponsor's payments to Contractor are higher than Contractor's cost of providing the services hereunder, Contractor shall pay Project Sponsor the difference. Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final Settlement determination. G. Any funds not expended by fiscal year end, June 30, 2015 shall be returned to Project Sponsor. Said unexpended funds shall be reallocated by City through the HOPWA Program. V. DISPUTE RESOLUTION A. Any party may give written notice to the other setting forth in specific terms the existence and nature of any unresolved matter or concern related to the purposes and obligations of this Agreement. Such notice shall be provided by and to the Contract Officers on behalf of the parties. The Officers shall have fifteen (15) working days following such notice to obtain resolution of any issues(s) identified in this manner; provided, however, by mutual consent this period of time may be extended to thirty (30) days. B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint written Statement describing the facts of the issue, within thirty (30) days after the written notice described above to the Executive Director AidsServices Foundation Orange County and to City's Housing Manager for resolution. If the Officers are unable to prepare a joint statement, each shall submit separate statements to the previously listed within the thirty (30) day period. Such persons shall meet and make their best effort to resolve the matter within thirty (30) days following submission of the statements. Resolution of the dispute, or lack thereof, by the Executive Director Aids ervices. Foundation Orange County and the Santa Ana Housing Manager shall be documented in the form of written correspondence exchanged by such persons within ten (10) days following their meeting. VI. INDEMNIFICATION Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. VIL INSURANCE With respect to performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: 1. Worker's compensation insurance within statutory legal limits, and 2. Commercial General Liability insurance with limits of not less than $1,000,000 per accident/incident. Contractor shall: (a) prior to exercising any right under this Agreement, famish properly executed certificates of insurance and additional insured endorsement to the Project Sponsor which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the Project Sponsor; (c) maintain such insurance for the period covered by this 4 . ' A .� Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. VIII. INSPECTIONS AND AUDITS A. Any authorized representative of Project Sponsor, the Comptroller General of the United States, the United States Department of Housing and Urban Development or any of their authorized representatives, shall have access to City books, documents, records, which such persons deem pertinent to this Agreement, for the purpose of conducting an audit, evaluation, or examination, or making transcripts during the periods of retention set forth in the Records /Confidentiality paragraph of this Agreement and the premises in which they are provided. B. Project Sponsor shall actively participate and cooperate with any persons specified in subparagraph A above in any evaluation or monitoring of the services provided pursuant to the Agreement, and shall provide the above mentioned persons adequate office space to conduct such evaluation or monitoring. IX. LICENSES AND LAW A. Contractor, its officers, agents, employees, and subcontractors shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, State of California, City, and any other applicable governmental agencies. B. Contractor shall comply with all laws, rules, or regulations applicable to the services provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and regulations shall include, but not limited to the following: United States Code (U.S.C.), title 42, Section 12901 - 12912, AIDS Housing Opportunity Act. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities for Persons with AIDS. 3. Office of Management and Budget (OMB) Circular No. A -122, Cost Principles for nonprofit organizations. 4. OMB Circular No. A -133, Audits of Institutions of Higher Education and Other Nonprofit Institutions. IX. NONDISCRIMINATION 1ffi1 A. Employment — Contractor warrants that it has developed and does maintain an Affirmative Action program for employment which includes goals and timetables for employment of women and minorities, which program meets the Affirmative Action Guidelines of the Federal Equal Opportunity Commission and all appropriate state laws and regulations. B. Services, Benefits, and Facilities — Contractor, nor any of their subcontractors, shall discriminate in the provision of services, the allocation of benefits, or in the accommodation in facilities on the basis of ethnic group identification, race, religion, ancestry, creed, color, sex, marital status, national origin, age, sexual preference, medical condition, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d and all other pertinent rules and regulations promulgated pursuant thereto, and as otherwise provided by state law and regulations, as all may now exist or be hereafter amended or changed. C. Disabled Individuals — Project Sponsor and Contractor and their contractors shall agree to comply with the provisions of Section 504 of the Rehabilitation Act of 1973 (20 U.S.C. 794 et seq., as implemented in 45 CFR 84.1 et seq.), pertaining to the prohibition of discrimination against qualified handicapped persons in all programs or activities, as they exist now or may be hereafter amended together with succeeding legislation. D. Retaliation — Contractor, nor its employees, agents, or contractors shall intimidate, coerce or take adverse action against any person for the purpose of interfering with rights secured by federal or state laws, or because such person has filed a complaint, certified, assisted or otherwise participated in an investigation, proceeding, hearing or any other activity undertaken to enforce rights secured by federal or state law. X. NOTICES A. Unless otherwise specified, all notices, claims, correspondence, reports and /or statements authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as specified in this Agreement. B. Termination Notices shall be effective when written and deposited in the United States mail, certified, return receipt requested, and addressed as specified below. C. For purposes of this Agreement, any notice to be provided by Project Sponsor may be given by its Contract Officer. Notices to Project Sponsor and Contractor shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: 80A -31 Contractor: Project Sponsor: A.S. Foundation Orange County Housing Authority - Santa Ana Phil Yaeger Attn: Housing Manager 17982 Sky Park Circle, Suite J 20 Civic Center Plaza (M -27) Irvine, CA 92614 Santa Ana, CA 92701 XI. RECORDS /CONFIDENTIALITY A. The parties, and any subcontractors, shall prepare and maintain any records required by laws, regulations, and procedures applicable to their responsibilities under this Agreement. B. The parties agree to maintain the confidentiality of any records which pertain to this Agreement in accordance with applicable state and federal laws and regulations. Financial records related to this Agreement shall be maintained for two (2) years after termination of this Agreement. XII. SEVERABILITY If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable. XIII. STATUS OF CONTRACTOR Aids Services Foundation Orange County is, and at all times shall be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required by the terms of this Agreement. AidsServices Foundation Orange County is, and at all times shall be deemed to be, entirely responsible for compensating staff and consultants employed by Aids Services Foundation Orange County. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between Aids Services Foundation Orange County and Project Sponsor employees, agents, or subcontractors. Aids Services Foundation Orange County assumes exclusively the responsibility for the acts of its employees, agents or subcontractors as they relate to the services to be provided during the course and scope of their employment. Aids Services Foundation Orange County, its agents, employees, or subcontractors, shall not be entitled to any rights or privileges of Project Sponsor employees and shall not be considered in any manner to be Project Sponsor employees. XIV. NON - ASSIGNABILITY AND DELEGATION 80A -32 Contractor shall not assign any rights under this Agreement except upon written authorization from Project Sponsor. XV. TERM The term of this Agreement shall commence July 1, 2014 and terminate June 30, 2015, unless terminated earlier as provided in this Agreement; provided, however, Aids Services Foundation Orange County shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to indemnification, audits, reporting and accounting. XVL TERMINATION A. Any party may terminate this Agreement, without cause, upon ninety (90) days written notice given the other parties. B. Any party may terminate this Agreement, upon thirty (30) days written notice given the other parties for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of Contractor, or the Project Sponsor provided in this Termination paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. XVII. THIRD PARTY BENEFICIARY No party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any patients provided services hereunder. XVIII. WAIVER OF DEFAULT OR BREACH Waiver of any default by Contractor or Project Sponsor shall not be considered a waiver of any subsequent default. Waiver of any breach by Contractor or Project Sponsor of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default of any breach by Contractor or Project Sponsor shall not be considered a modification of the terms of this Agreement. FOODYMN IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date stated above. ATTEST: Maria D. Huizar Secretary 0 9 2MIAD)1Z�.'�IICI are) tiiL17 Sonia R. Carvalho, City Attorney v c By: Lisa E. Storck Assistant City Attorney • l ffi APPROVED AS TO CONTENT: Housing Authority of the City of Santa Ana "Project Sponsor" David Cavazos City Manager AIDS SERVICES FOUNDATIONORANGE COUNTY — "Contractor" Phil Yaeger A.S. Foundation Orange County