Loading...
HomeMy WebLinkAbout FULL PACKET_2016-07-05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 21, 2016 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:13 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:25 p.m.) VINCENT F. SARMIENTO, Mayor Pro Tern (5:15 P.M.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO (5:15 p.m.) COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established through presence of Councilmembers Amezcua, Benavides, Martinez, and Reyna. MOTION: Elect Councilmember Martinez as Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Benavides SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Reyna (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Sarmiento, Tinajero (3) CITY COUNCIL MINUTES 1 JUNE 21, 2016 1 0A -1 PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:14 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1. Maria Rubalcaba v. City of Santa Ana; Workers' Compensation Appeals Board Case No. ADJ9638494 and Unassigned 2. Kimberly Cerda v. City of Santa Ana, Orange County Superior Court Case No. 30- 2015 - 00803814 -CU -WT -CJC 3. Edgar Vargas- Arzate v. City of Santa Ana; United States District Court Case No. SACV15 -0572 DOC(JCGx) 4. 1901 First Street Owner, LLC v. Tustin Unified School District, Orange County Superior Court Case No.: 30 -2015- 00803234 -CU -WM -CJC 5. City of Santa Ana v. Sycamore Parking Concepts LLC et al., Orange County Superior Court Case No. 30 -2016- 00844851 2. CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (Three Cases *) *One matter placed on the Agenda for legal update at the request of Mayor Pulido and Mayor Pro Tern Sarmiento, pursuant to Santa Ana Charter Section 411. 3. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: 1901 First Street Owner, LLC CITY COUNCIL MINUTES 2 JUNE 21, 2016 1 0A -2 4. THREAT TO PUBLIC SERVICES OR FACILITIES — Pursuant to Government Code section 54957. 5. PUBLIC EMPLOYEE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Attorney CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:50 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 3 JUNE 21, 2016 1 0A -3 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:50 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA (6:54 p.m.) P. DAVID BENAVIDES (6:52 p.m.) MICHELE MARTINEZ (6:52 p.m.) ROMAN A. REYNA (6:53 p.m.) SAL TINAJERO (6:53 p.m.) PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO ERIC WAKELING, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to Corporal Anthony Bertagna, Officer Alex Lopez, Sergeant Gerry Serrano and Ryan Ton who donated a bicycle to Henry Romero, whose bike was stolen. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the Santa Ana Girls Basketball Team volunteer coaches for their volunteer service and the players for their championship wins: Coaches: Division A Head Coaches: Juan Almazan; Pedro Cariada Diego Heredia; Jesus Hurtado; Jacqueline Martinez; Martin Roldan; Tom Torres; Divison A Assistant Coaches: Pedro Alvarez; Sara Cahada; Juliette Guerrero; Sam Martinez; Ruben Torres; Valentin Valencia; Division B Head Coaches: Eddie Cueva; Paul Del Mundo; Angie Linzaga; Heidi Luna; Saul Palomino; Sonia Ramirez; John Saucedo; Division B CITY COUNCIL MINUTES 4 JUNE 21, 2016 1 0A -4 Assistant Coaches: Gracelynn Figueroa; Gus Gomez; Alan Linzaga; Brandon Luna; Jose Luna; Jose Mendoza; Julie Nguyen; Ignacio Salazar; Oscar Valencia; Division C Head Coaches: Alfredo Arcos Sr.; Yoselin Cruz; Beatriz Cuevas; Jimmy Lopez; Enrique Marban; Sonia Ramirez; Guillermo Rico; Division C Assistant Coaches: Alfredo Arcos Jr.; Jose Becerra; Ulice Contreras; Clarrisa Lopez; Sergio Lagunas; Guillermo Martinez; Guadalupe Ochoa; Martin Valenzuela; Division MM Head Coaches: Angel Almazan; Ulice Contreras; Rudy Hernandez; Chelsea Martinez; Steven Reyes; Division MM Assistant Coaches: Vasna Almazan; Kimberly Ayala; Amaly Garcia; David Quezada; Gabriel Reyes; Josiah Reyes; Brianna Sanchez; Adrianne Smith; Division Jr. MM Head Coaches: Jose Flores; Rick Mares; Isaiah Romero; Division Jr. MM Assistant Coaches: Kayla Flores; Susana Guerrero; Alfredo Hernandez; Amanda Romero; Players: Division A Skv: Allison Flores; Eunice Galan; Karla Gutierrez; Cristine Kemechs; Valerie Lopez; Jocelyn Luna; Angie Olivares; Tiffany Palmas; Priscilla Perez; Division B Sun: Chloe Adkins; Mia Cantillo; Ruby K. Gomez; Yulisa Molina; Maritza Negreete; Cynthia Nguyen; Melanie Ochoa; Jasmine Perez; Cindy Rodrguez; Jayleen Zaepeda; Division C Sun: Breana Banaga; Caylie Lopez; Maya Lopez; Frida Melchor; Julissa Mota; Jasmine Reyes; Citlali Rodriguez; Hadassah Rodriguez; Adriana Tarelo; Nafertiria Tauiliili; Dulce Vega CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Kathy Nguyen of Modern Hair and Nail Spa for providing over 20 years of excellent service to the community. CLOSED SESSION REPORT- See Item 19A for any reportable actions. PUBLIC COMMENTS — Consent Calendar Items • Jered Elmore, spoke on Agenda Item 11 B; indicated that at the previous City Council meeting he raised issues as presented and submitted in writing as requested; have not received response; also, opined that Brown Act violated by not allowing him to speak before the budget action taken. o City Attorney Carvalho, indicated that Mr. Elmore's card was submitted but unfortunately not called before, but was allowed to speak after the fact and acknowledged his comments — substantial compliance since he was not prevented from speaking. • Alan Lason, spoke on Agenda Item 25F, Associate Director of Santa Ana Historical Preservation Society (SAHPS), opposed to demolition of homes, request continuance to allow community and staff to discuss reuse of the home or move to different site; association did meet in February to discuss possibility of saving one home; City did not respond to request; request to meet with parks staff to discuss preservation of home and trees. • Debbie McEwen, submitted letter on behalf of French Park Historic Preservation regarding Agenda Item 25F. o City Attorney Carvalho, requested to speak to Ms. McEwen on said matter. CITY COUNCIL MINUTES 5 JUNE 21, 2016 1 0A -5 • Madeleine Spencer, spoke on Agenda Item 25F, commented that City Council actively involved in youth and youth program; opined that property should be considered for youth programming services. o City Attorney Carvalho, indicated for the record that settlement agreement signed in April 2011 by Friends of Lacy and several other members that would not protest demotion of properties (as referenced in Agenda Item 25F). • Jeff Dickman. spoke on Agenda Item 25F, member of Historic French Park, expressed support consideration to relocate or reuse of properties in question. • Ilya Tseglia, spoke on Agenda Items 19E, 25G and 25S, support auditing of several agencies within the jurisdiction of the City. • Robert Tseglia, spoke on Agenda Items 19E, 25G and 25S, echoed comments by his father regarding auditing services. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 25S, with the following modifications: • Councilmember Martinez, dissented on Agenda Items 11A, 11 B, 25K and 25L; • Councilmember Martinez, pulled Agenda Items 20A, 23A, 25A, 25E, 25F, 25G, and 25M for separate action; • Mayor Pro Tem Sarmiento, puled Agenda Items 11 B and 25H for separate action and recused from Agenda Item 20B due to his representation of business in close proximity to site. MOTION: Amezcua SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) CITY COUNCIL MINUTES 6 JUNE 21, 2016 1 0A -6 ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF JUNE 7, 2016 {STRATEGIC PLAN NO. 5, 1) — 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: CODE ENFORCEMENT CITATION AUTHORITY {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office Placed on first reading at the June 7, 2016 City Council meeting and approved by a vote of 5 -0 (Martinez and Sarmiento absent). Published in the Orange County Reporter on June 10, 2016. Councilmember Martinez, stated reasons for opposition to ordinance; suggested consolidating code enforcement, sanitation and business license divisions for efficiency purposes. City Manager Cavazos, indicated that staff would review suggestion and noted that two additional code enforcement officers have been added to the budget. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2901 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING CODE ENFORCEMENT CITATIONS MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento, Tinajero (5) NOES: Martinez (1) G -- ABSENT: None (0) Pulido (1) CITY COUNCIL MINUTES 7 JUNE 21, 2016 1 0A -7 1,16`: SECOND READING ORDINANCE: ADOPTION OF CITY BUDGET FISCAL YEAR 2016 -2017 {STRATEGIC PLAN NO. 5 1) — Clerk of the,!& - ncil Office Placed on first reading at the June 7, 2016 City Council meeting and approved by a vote of 6 -0 (Martinez absent). Published in the Orange County Reporter on June 10, 2016. Council discussion ensued. Councilmember Martinez, dissented on budget (as presented); noted for the record opposition to water transfer into the general fund. Motion by Councilmember Tinajero, seconded by Councilmember Amezcua to approve recommendation. Mayor Pro Tern Sarmiento, expressed concerns with allocation amount for public safety; asked about $8 million allocation not in the budget or perhaps removed. City Manager Cavazos, stated that budget has grown by over $104 million over the past three years and capital improvement budget went from $30 to $50 million; public safety budget has grown by $16 million; indicated that $8 million is in attrition savings; best practice is to account for attrition and allow the City Council to decide on where the funds are allocated rather than have the departments spend all; it is a citywide attrition; police department expects to hire about 60 new police officers and have about 80 vacancies and 20 expected to retire with a savings of about 40 which equals the $8 million in attrition; police department has over 50% of the budget. Mayor Pro Tern Sarmiento, reflected on increased need for police personnel; current number of officers is 308 officers, but less proportionate than in the past; concerned that as City continues to grow the number of active officers is less than what we've had before; need to either leverage or use surplus funds to increase the number of officer; City has been successful in obtaining COP Grant award to add 10 new officer; plead to staff and colleagues to consider request. City Manager Cavazos, emphasized that number of officers reduced by 74 in 2012, but have been able to increase by 13 %; successful in adding Downtown patrol and to address medical marijuana; goal is to add 100 more; have added officers every budget cycle, but have less officers than 30 years ago; need balance approach and offer other programs as well. Mayor Pro Tern Sarmiento, important to continue to work with non - profit organization to offer other programs, but at the same time need a base line - number; dangerous to go below trend; are there any funds that could be attached to commit to hire more officers? Consider continuance. CITY COUNCIL MINUTES 8 JUNE 21, 2016 1 0A -8 Councilmember Martinez, agree with Mayor Pro Tern Sarmiento; misleading public on attrition and true allocation; critical and vital to hire officers beyond COPS grant. City Manager Cavazos, noted that police department budget has increased from $106 to $120 million; hiring freeze lifted; department has experienced normal attrition; 60 officers to hire and 20 will leave with net 40; hired 10 laterals hired in the past year. Police Chief Carlos Rojas, summarized number of recent hires; proposing hiring marketing campaign since most agencies hiring. Mayor Pulido, noted that Police Department had strike force and two gang unit details; need to reduce crime rates; have shortage of officers; need to accelerate hiring; asked if reserves right now at $42 million, rainy day fund of about $4 million or surplus funds of $1.5 to 2 million could be used to assist department. Police Chief Rojas, noted that department had 8 -10 officers dedicated to strike force. Mayor Pro Tern Sarmiento, issue is not a reflection of leadership, but former budgetary constraints; rate of retirees have exceeded hiring. Police Chief Rojas, department moving in right direction with net 40 officers in coming year. Mayor Pro Tern Sarmiento, opined that it would be negligent not to allocate and provide resources; on us as policy makers. City Manager Cavazos, commented that Police Chief has authority to hire no need for a budget adjustment; City has conservative reserve policy; COPS grant application has been submitted for consideration. Councilmember Tinajero, need to include PERS costs; concerned with using reserves; agree that City needs more officers; need to be responsible and make hiring officers a priority. Councilmember Martinez, would like to tie the Capital Improvement Project budget with City; thanked Public Works Agency Director for transparency efforts; met with local labor representatives; would like to reinvestment in our community; need to compete for these dollars; need to have balance and eq u ity. City Manager Cavazos, noted that labor will be allowed to compete in bid process. CITY COUNCIL MINUTES 9 JUNE 21, 2016 1 0A -9 Mayor Pulido, asked for clarification of total funding allocation and number of potential hires; rainy day funds of $4 million and surplus of about $2 million could be used. City Manager Cavazos, department is authorized to fund 373 officers; need to have policy direction on economic uncertainly funds. Police Chief Rojas, department working at capacity to hire authorized number of officers. Mayor Pulido, does not like trend and need to find ways to address issue Councilmember Benavides, agreed with comments and reflected on efforts to hire; asked if department able to hire as authorized. Police Chief Rojas, noted that no other agency in Orange County proposing to use marketing company to promote hiring. Mayor Pulido, proposed substitute motion to continue matter for 2 weeks to allocate additional funding. City Manager Cavazos, said that there was no need for a continuance since $2 million in surplus or use economic uncertainly funds. Councilmember Martinez, noted that economic uncertainly fund policy include triggers; will not support. Mayor Pro Tern Sarmiento, clarified that reserves are 20% of general fund which is separate and restricted. City Manager Cavazos, had recommended use of economic uncertainty fund; reserves not recommended. Mayor Pulido, suggested that surplus of approximately $2 million be used. Councilmember Tinajero, indicated that data needed for City Council to consider; educated decisions. Councilmember Reyna, important to have balance - enforcement and youth programs; violence result of non - profit and other cuts; does not support use of reserve funds. Councilmember Amezcua, does not support the use of economic uncertainty funds; asked if sustainable if use surplus funds. City Manager Cavazos, best time to save is when you have money; have projected surplus of $1.5 to $2 million. CITY COUNCIL MINUTES 10 JUNE 21, 2016 1 0A -10 Mayor Pro Tern Sarmiento, proposed motion to dedicate projected surplus funds towards hiring of additional officers. If there is no surplus then no allocation, if economic downturn City has triggers to open and use reserve funds. City Manager Cavazos, declared that in September will have surplus amount and may consider request at that time. Mayor Pulido, seconded amended motion. Councilmember Martinez, supportive of use of surplus funds; asked how Police Chief plans to use funds; suggested use of funding for vice unit or strike force; proposed friendly amendment; need a Plan and only then will she support. Maker of the motion did not accept; does not want to second guess the Police Chief on how to allocate resources. Councilmember Benavides, serves as Chair of Public Safety Council Committee; there is a need to have more officers; would like to revisit in September when report received; need to be strategic and look at all programs and offer long term solutions and services offered and benefit all neighborhood. Councilmember Amezcua, asked that actual number be brought back to City Council for consideration. Mayor Pulido, opined that attrition is unknown; suggested that if surplus funds that it should be allocated as matter of policy. City Manager Cavazos, summarized proposed motion. SUBSTITUTE MOTION: Place ordinance on second reading and adopt; dedicate projected surplus funds of approximately $1.5 to $2 million to public safety and schedule surplus allocation report with options for City Council consideration in September, 2016. ORDINANCE NO. NS -2900 - 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, 2016 MOTION: Sarmiento SECOND: Pulido VOTE: AYES: Amezcua, Benavides, Martinez * *, Pulido, Reyna * ** Sarmiento, Tinajero (6) NOES: Martinez ** / Reyna * ** (1) ABSTAIN: None (0) CITY COUNCIL MINUTES 11 JUNE 21, 2016 1 0A -11 ABSENT: None (0) * *Councilmember Martinez, dissented on the budget, but voted yes on use of surplus funds. ***Council member Reyna, voted yes on the budget and dissented on use of surplus funds. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreement: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Maria Rubalcaba v. City of Santa Ana; Workers' Compensation Appeals Board Case No. ADJ9638494 and Unassigned; settlement in the amount of $50,856 by a 4 -0 vote (2 members abstained due to potential conflict of interest and Pulido absent) 19B. EXCUSED ABSENCES — None 19C. STRATEGIC PLAN MONTHLY REPORT FOR MAY 2016 {STRATEGIC PLAN NO. 5, 1} - City Manager's Office MOTION: Receive and file. 19D. SENIOR MOBILITY PROGRAM UPDATE {STRATEGIC PLAN NO. 5, 4131 — Parks, Recreation and Community Services Agency MOTION: Receive and file. 19E. INTERNAL AUDIT PROJECT PLAN FOR THE FISCAL YEAR - ENDING JUNE 30, 2017 {STRATEGIC PLAN NO. 4, 11 — Finance and Management Services Agency MOTION: Receive and file the Internal Audit project plan for the fiscal year- ending June 30, 2017. CITY COUNCIL MINUTES 12 JUNE 21, 2016 1 0A -12 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS Councilmember Martinez, wanted to make sure that we contract with responsible contractors. Public Works Agency Executive Director Fred Mousavipour, noted that he has not received significant complaints, but is aware that contractor may not communicate with residents. City Engineer William Galvez, noted that in the past did have to re -slurry seal certain sections; contractor addressed problem areas. Councilmember Benavides, noted that previous contractor had issues; important to have quality service and hold accountable. 1. Approve an increase of $103,630 to the All American Asphalt construction contract for the Local Street Slurry Seal Project for Fiscal Year 2014 -2015 to add enhanced roadway treatment from slurry seal to rubberized asphalt. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -135- Recognizing $103,630 in interest earnings on Gas Tax revenue bond proceeds, transferring the funds to the Gas Tax Residential Street Improvement revenue account, and appropriating the same into the Gas Tax Residential Street Improvement expenditure account. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna (5) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 13 JUNE 21, 2016 1 0A -13 ABSENT: Sarmiento, Tinajero (2) 20B. AWARD CONTRACT FOR CONSTRUCTION OF NEW RESTROOM FACILITY AT 3RD AND BUSH STREETS (PROJECT: 16 -1305) {STRATEGIC PLAN NO. 6, 1 G} — Public Works Agency MOTION: 1. Reject the sole bid received on April 27, 2016 from Metro Builders & Engineers Group, Ltd. in amount of $322,500, for construction of New Restroom Facility at 3rd and Bush Streets Project. 2. Authorize the City Manager and Clerk of the Council to award and execute contract with Damon Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $174,454 for the construction of a new restroom facility at 3RD and Bush Streets, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Approve the Project Cost Analysis for the total estimated project delivery cost of $235,514, which includes the contract base amount, administration, inspection, testing, and an authorized contingency of approximately 20 percent, in the amount of $34,892. 4. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -03- Recognize $235,514 from prior year fund balance and appropriating $235,514 into the Downtown Enhancements expense account. *Mayor Pro Tem Sarmiento, abstained on Agenda Item 20B. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 13 -008 - CONTRACT AMENDMENT FOR LEASED VEHICLES {STRATEGIC PLAN NO. 1, 5) - (Police Department) Finance and Management Services MOTION: Amend the contract with Enterprise Fleet Management to increase the aggregate limit by $87,922 for the addition of six leased vehicles for the Police Department for an annual amount not to exceed $388,622, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 14 ,DUNE 21, 2016 1 OA -14 PROJECTS /CHANGE ORDERS 23A. Councilmember Martinez, same comments as Agenda Item 20A; if issues arise need to remedy. MOTION: 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to R.J. Noble Company, the lowest responsible bidder, in accordance with the bid in the amount of $3,946,915, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the Warner Industrial Community Roadway Improvements, subject to non- substantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $5,306,915, which includes the contract base amount, administration, inspection, testing, and an authorized construction contingency of approximately 15 percent, in the amount of $600,000. 3. Amend the Fiscal Year 2013 -14 Capital Improvement Program and approve the reallocation of $984,885.84 in Measure M2 Local Fair Share funds (Project # 14- 6812). 4. Amend the Fiscal Year 2014 -15 Capital Improvement Program and approve the reallocation of $748,529.16 in Measure M2 Local Fair Share funds (Project # 15- 6839). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: AGREEMENTS SECOND: Amezcua Amezcua, Benavides, Martinez, Pulido, Reyna (5) None (0) None (0) Sarmiento, Tinajero (2) CITY COUNCIL MINUTES 15 JUNE 21, 2016 1 0A -15 25A. Councilmember Martinez, asked what is community benefit to using credit cards and potential burden of having CAP instead of paying with check, thanked staff for technology upgrades. Francisco Gutierrez, Finance and Management Services Agency Executive Director summarized staff report. riMelf 1. Authorize the City Manager and the Clerk of the Council to execute a Second Amended Agreement with TransFirst LLC, for merchant payment services to increase the annual credit card merchant payment services expenditure cap by $70,000 to $165,000 for the current 2015 -16 fiscal year as well as for the additional optional 2016 -17 fiscal year period, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve adoption of a maximum credit card transaction limit in the amount of $5,000 dollars for credit card transactions occurring at City facilities. MOTION: Martinez SECOND: Pulido VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) 25B. AGMT NO. 2016 -149 - DONATION TO SUPPORT SANTA ANA UNIFIED SCHOOL DISTRICT'S GRADUATION CEREMONIES AT CENTENNIAL PARK {STRATEGIC PLAN NO. 5, 41 — Mayor Pro Tem Sarmiento, Councilmember Reyna and Tinajero MOTION: Approve a donation request from the Santa Ana Unified School District for a one -time donation in the amount of $3,000. CITY COUNCIL MINUTES 16 JUNE 21, 2016 1 0A -16 25C. AGMT NO. 2016 -150 - LICENSE AGREEMENT FOR INSTALLATION OF WATER INJECTION WELLS AT CENTENNIAL PARK {STRATEGIC PLAN NO. 5, 1A} — Parks, Recreation and Community Services Agency, Public Works Agency, and Planning and Building Agency MOTION: 1. Approve the certified final Environmental Assessment and Environmental Impact Report for the Mid Basin Centennial Park Injection Well project proposed by the Orange County Water District and approve the Findings of Fact and Mitigation Monitoring and Reporting Program. 2. Authorize the City Manager and Clerk of the Council to execute a License Agreement with Orange County Water District for the construction and operation of the Mid Basin Centennial Park Injection Wells that will begin on January 1, 2019 and end on December 31, 2049, subject to non - substantive changes approved by the City Manager and City Attorney. 25D. AGMT NO. 2016 -151 - LANDSCAPE SERVICES IN THE CIVIC CENTER AND STADIUM (DISTRICT A) {STRATEGIC PLAN NO. 6, 1B} — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Midori Gardens to provide landscape maintenance services in the Civic Center and Stadium (District A) in an annual amount not to exceed $255,605, which includes a 15% contingency, for a term from July 1, 2016 through June 30, 2018, with two, one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. Councilmember Martinez, supports item; asked how much funding available for Civic Center. Gerardo Mouet, Parks, Recreation and Community Services Agency Executive Director noted that total joint use budget is $1.3 million; proposed action is only for City events. Councilmember Martinez, what is City doing to maintain the Civic Center area; request report on allocation. CITY COUNCIL MINUTES 17 JUNE 21, 2016 1 0A -17 City Manager Cavazos, noted that funding has increased; provide pressure washing and cleaning in the Civic Center; area has experienced increase in homeless. MOTION: Authorize the City Manager and Clerk of the Council to execute a fourth amendment to the agreement with Superior Property Services for pressure washing services to increase the base services amount by $20,000 to a base agreement amount of $98,861.96 for additional pressure washing services after city events and adjust the contingency from a rate of $10,000 to 20% of the contract in the amount of $19,772.39, for a new total annual amount of $118,634.35, for the periods of May 1, 2016 to December 31, 2016 and January 1, 2017 to December 31, 2017, subject to non - substantive changes approved by the City Manager and the City Attorney. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) Councilmember Martinez, proposed motion to continue matter for 3 months; seconded by Mayor Pulido. Councilmember Benavides, asked for historical account of project. Parks, Recreation and Community Services Agency Executive Director Mouet, noted that Historical Association supports open space concept; City Council approved $900,000 action in April to acquire property; January approved zone change; have held many meeting with community; salvage the trees may be approved; Garfield Community Center across the street; Latino Health Access supports open space; matter dates back to Station District project. Councilmember Benavides, noted that project dates back to Triada Project; architectural features that could be preserved; neighborhood requesting CITY COUNCIL MINUTES 18 JUNE 21, 2016 1 0A -18 open space and supports saving fruit trees and incorporate into park. Councilmember Martinez, would like to have viable options and conversations documented. Gerardo Mouet, Parks, Recreation and Community Services Agency Executive Director, noted that outreach meetings to begin once action approved. Councilmember Martinez, need to have comprehensive approach on community engagement strategy. Mayor Pro Tern Sarmiento, matter had been discussed with Friends of Lacy and agreement approved in the past; area has compelling expectation to have open space. MOTION: Authorize the City Manager and Clerk of the Council to award and execute an agreement with Sandwood Enterprises, Inc. to provide salvage and demolition services during the period of July 1, 2016 through December 31, 2016, in an amount not to exceed $45,000 which includes a $9,000 contingency for authorized change orders, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 5G. AGMT NQ 201.6 -154 -_1 MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Sensis to market and advertise the Police Department's full -time Police Officer employment opportunities, for the period of June 21, 2016 through June 20, 2017, in an amount not to exceed $150,000, with the option to renew the contract for one additional year in the amount of $100,000, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 19 JUNE 21, 2016 1 0A -19 ASH. 251. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MOTION: Authorize the City Manager and the Clerk of the Council to execute a loan agreement in the amount of $1,199,869 with Guest House LP for HOME Investment Partnership Program funds for 71 units of affordable housing at 2151 E. First Street, subject to non�substantive changes approved by the City Manager and City Attorney, MOTION: Sarmiento SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) AGMT NO. 2016 -156 - PROVIDE AUDIOVISUAL EQUIPMENT, INSTALLATION, AND SERVICES {STRATEGIC PLAN NO. 7, 5A} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Western Audio Visual to provide audiovisual equipment, installation, and on -call services for a one -year term beginning June 21, 2016, through June 21, 2017, in the amount of $80,000, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 20 JUNE 21, 2016 1 OA -20 25J. AGMT NO. 2016 -157 - DONATION TO SUPPORT AN AFTER - SCHOOL BOXING PROGRAM {STRATEGIC PLAN NO. 5, 41 — Mayor Pro Tern Sarmiento MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Santa Ana Unidos Boxing Club for a one- time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. 25K. AGMT NO. 2016 -158 - PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT NO. 136792 NON - GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C} — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement with property owners Victor Ruey Chen and Gloria Lin Chen Trustees of the Victor and Gloria Chen Family Trust, for the property commonly known as 1301 West 11th Street (APN 004 - 112 -36), for full acquisition of said real property, and goodwill (if any), in the amount of $520,000, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Reyna SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) 25L. PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741 NON - GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Purchase Agreements for the full purchase price of real property listed below, and goodwill (if any), subject to non - substantive changes approved by the City Manager and City Attorney, with the following property owners: CITY COUNCIL MINUTES 21 JUNE 21, 2016 1 OA -21 25M..��'' No. Property Owner Property commonly known as / location Acquisition Amount Type AGMT NO. Evelyn L. 1235 West Saint Full $420,000 2016 -159 Wallace Gertrude (APN 015- Acquisition 191 -11) AGMT NO. Anthony 1302 W Carlton Full $545,000 2016 -160 Dang Place Acquisition (APN 408 - 333 -01) AGMT NO. 2016 -161 Luparello and Jason MOTION: Amezcua VOTE: AYES: 1241 VV Camden Partial $2,500 Place Acquisition (APN 015- 215 -11) SECOND: Sarmiento Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) Councilmember Martinez, asked for explanation on selection of brokers and how much cost is shared by employees. Personnel Services Executive Director Ed Raya, indicated that City spends more than a 15 million dollars a year in health benefits and proposed service is above and beyond that is about $1 million. 1. AGMT NO. 2016 -162 - Authorize the City Manager and Clerk of the Council to execute an agreement with Keenan & Associates to act as the Broker of Record /Consultant for the City's Group Vision, Life, Accidental Death & Dismemberment, Long Term Disability Insurance, Employee Assistance Program (EAP), Retiree Billing, CITY COUNCIL MINUTES 22 JUNE 21, 2016 1 OA -22 and Section 125 Flexible Spending Accounts (FSA) for a term beginning June 21, 2016 through June 30, 2018, paid commission by the insurance carriers, subject to non - substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2016 -163 - Authorize the City Manager and Clerk of the Council to execute an agreement with Dick Cook Insurance Services to act as the Broker of Record /Consultant for the City's Group Dental insurance Policies for a term beginning June 21, 2016 through June 30, 2018, paid commission by the insurance carriers, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25N. AGMT NO. 2016 -164 - DONATION TO SUPPORT SANTA ANA UNIFIED SCHOOL DISTRICT'S MUSIC FESTIVAL {STRATEGIC PLAN NO. 5, 41 — Councilmember Reyna MOTION; Approve a donation request from Santa Ana Unified School District for a one -time donation in the amount of $342.32. 250. AGMT NO. 2016 -165 - DONATION TO SUPPORT AN ART EXHIBIT {STRATEGIC PLAN NO. 5, 4} — Mayor Pro Tern Sarmiento MOTION, Authorize the City Manager and Clerk of the Council to execute an agreement with Orange County Children's Therapeutic ARTS Center for a one -time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. 25P. AGMT NO. 2016 -166 - DONATION TO SUPPORT AN ART EXHIBIT {STRATEGIC PLAN NO. 5, 41 - Councilmember Reyna CITY COUNCIL MINUTES 23 JUNE 21, 2016 1 OA -23 MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Orange County Children's Therapeutic ARTS Center for a one -time donation amount of $250, subject to non - substantive changes approved by the City Manager and the City Attorney. 25Q. AGMT NO. 2016 -167 - DONATION TO SUPPORT AN ART EXHIBIT {STRATEGIC PLAN NO. 5, 4} - Mayor Pro Tern Sarmiento MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Charles W. Bowers Museum Corporation for a one -time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. 25R. AGMT NO. 2016 -168 - DONATION TO SUPPORT A SENIOR CITIZEN RESOURCE FAIR {STRATEGIC PLAN NO. 5, 41 — Councilmember Tinajero MOTION: Approve a donation request from the California Department of Health Care Services for a one -time donation in the amount of $375.80. 25S. AGMT NO. 2016 -169 - DONATION TO SUPPORT THE SANTA ANA POLICE ATHLETIC AND ACTIVITY LEAGUE {STRATEGIC PLAN NO. 5,4} — Mayor Pro Tern Sarmiento MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Orange County Community Foundation to support the Santa Ana Police Athletic and Activity League for a one- time donation amount of $600, subject to non - substantive changes approved by the City Manager and the City Attorney. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS ORDINANCES 50A. EMERGENCY ORDINANCE ADOPTING A 45 -DAY MORATORIUM ON THE ESTABLISHMENT, OPERATION OR EXPANSION OF ANY BOARDINGHOUSE, LODGING HOUSE, ROOMING HOUSE USE OR MULTIPLE TENANCIES IN A SINGLE APARTMENT UNIT {STRATEGIC PLAN NO. 5, 4 }- Planning and Building Agency CITY COUNCIL MINUTES 24 JUNE 21, 2016 1 OA -24 Consideration of matter continued from the June 7, 2016 City Council meeting by a vote of 5 -0 (Martinez and Sarmiento absent). The following addressed the City Council on the matter: Adam Shandrow, manager of Maona Lao Apartments, commented that property owners worked with City when acquiring property; submitted Conditional Use Permit and had sunshine meeting; continue to invest in the property; requested continuance of transparent process. Britten Devereux, spoke in support of sober living industry and services provided to the community. Councilmember Martinez, stated that City has housing crisis, overcrowding and parking difficulties; California has about 1 million housing unit shortage; policy decisions needed to address said issues. MOTION: Table matter at the request of staff. MOTION: Tinajero SECOND: Pulido VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 50B. ADD SECTION 2 -111 TO THE SANTA ANA MUNICIPAL CODE REQUIRING MAYOR AND COUNCILMEMBER DISQUALIFICATIONS AFTER RECEIVING A LEGAL DEFENSE FUND CONTRIBUTION - City Manager's Office MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2902 - AN ORDINANCE OF THE CITY COUNCIL FO THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW SECTION 2 -111 REQUIRING MAYOR AND COUNCIL MEMBER DISQUALIFICATIONS AFTER RECEIVING A LEGAL DEFENSE FUND CONTRIBUTION MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 25 JUNE 21, 2016 1 OA -25 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS 55A. GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016 AND REQUESTING BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION WITH THE PRESIDENTIAL AND STATEWIDE GENERAL ELECTION (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Adopt resolutions. 1. RESOLUTION NO. 2016 -047 - 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 8, 2016 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 2. RESOLUTION NO. 2106 -048 - 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 2016 GENERAL ELECTION TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THEIR STATEMENT IN VOTER PAMPHLETS MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 26 JUNE 21, 2016 1 OA -26 55B. ISSUANCE OF BONDS RELATED TO THE WARNER INDUSTRIAL COMMUNITY ASSESSMENT DISTRICT 2015 -01 (PROJECT NO. 16 -6868) {STRATEGIC PLAN NOS. 6, 1 B & 1 G} - Public Works Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2016 -049 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF CITY OF SANTA ANA ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) LIMITED OBLIGATION IMPROVEMENT BONDS, APPROVING FISCAL AGENT AGREEMENT, OFFICIAL STATEMENT, BOND PURCHASE AGREEMENT AND CONTINUING DISCLOSURE AGREEMENT AND AUTHORIZING THE EXECUTIVE DIRECTOR, FINANCE & MANAGEMENT SERVICES AGENCY TO NEGOTIATE THE TERMS OF THE PURCHASE OF THE BONDS 2. Approve receipt of $27,443 from the Public Works Traffic & Transportation Engineering account into the Special Assessment District Capital Improvement Fund (Non -City Contribution), Warner Industrial Assessment District revenue account and appropriating the same into the Warner Industrial Assessment District expenditure account. 3. Authorize the City Manager to execute prepayments totaling $27,443 for the assessment of City -owned Parcels No. 408 - 113 -11 and No. 408 - 161 -17. 4. Approve the Financing Structure for the total estimated project cost of $6,166,831 identifying the City's share of $3,133,415 (51 percent) and parcel owners' share of $3,033,416 (49 percent). 5. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2AIP 441 H 2017 -004- Recognizing receipt of funds up to $1,229,122 in bond proceeds into the WIC Capital Improvements Fund revenue account and appropriating the same into the WIC Capital Improvements Fund expenditure account, and authorize that the proceeds of such bonds be delivered to the Fiscal Agent for deposit in the fund established under Fiscal Agent Agreement as provided for therein. 6. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 27 JUNE 21, 2016 1 OA -27 APPROPRIATION ADJUSTMENT NO. 2016 1 -41 2017 -004- Recognizing an estimated $869,495 in assessment prepayment revenue received from Warner Industrial Community Assessment District property owners into the Special Assessment District Capital Improvement Fund (Non -City Contribution), Warner Industrial Assessment District revenue account and appropriating the same into the Warner Industrial Assessment District expenditure account. 7. Authorize issuance of a Notice to Proceed to Psomas to provide assessment district administration services for the period of June 21, 2016, through August 5, 2019, in an amount not to exceed $22,250, subject to non - substantive changes approved by the City Manager and City attorney, in accordance with Agreement No. A- 2015 -167 for on -call engineering services, which was executed on August 5, 2015, with the option for up to two one -year renewal options exercisable by the City Manager and the City Attorney. 8. Authorize the City Manager to execute prepayment totaling $47,441 on behalf of the Santa Ana Unified School District for assessment of their parcel no. 408 - 021 -01. 9. Authorize ongoing negotiations with the Santa Ana Unified School District for the above- referenced amount for the purpose of receiving payment of assessed prepayment value. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C. RESOLUTIONS - STATEMENT OF INVESTMENT POLICY AND CONTINUING DISCLOSURE POLICIES {STRATEGIC PLAN NO. 4, 1) - Finance & Management Services MOTION: 1. Adopt a resolution. CITY COUNCIL MINUTES 28 JUNE 21, 2016 1 OA -28 RESOLUTION NO. 2016 -050 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF INVESTMENT POLICY 2. Adopt a resolution. RESOLUTION NO. 2016 -051 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ADOPTION OF MUNICIPAL SECURITIES DISCLOSURE POLICY AND PROCEDURES 3. Receive and file the Annual Statement of Investment Policy 4. Receive and file the Municipal Securities Disclosure Policy & Procedures MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55D. ESTABLISH IRREVOCABLE TRUST WITH PUBLIC AGENCY RETIREMENT SERVICES {STRATEGIC PLAN NO. 4, 1} - Finance & Management Services Project in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2016 -052 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST - EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) 2. AGMT NO. 2016 -170 - Authorize the City Manager and Clerk of the Council to execute an agreement with Public Agency Retirement Services, for the Irrevocable Trust plan installation and CITY COUNCIL MINUTES 29 JUNE 21, 2016 1 OA -29 administration services for the period of June 22, 2016 through June 21, 2019, for an amount of $10,000, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute Trustee Forms with US Bank / HighMark Capital Management, Inc., for the purpose of managing Plan Assets for the period of June 22, 2016 through June 21, 2019, subject to non - substantive changes approved by the City Manager and City Attorney, 4. Authorize the City to transfer $500,000 from the City's Surplus Allocation fund to the Public Agency Retirement Services account for the purpose of pre- funding pension obligations. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55E. AFFIRM THE APPOINTMENT OF THE EXECUTIVE DIRECTOR OF PERSONNEL SERVICES, OR HIS OR HER DESIGNEE, AS THE CITY'S PLAN ADMINISTRATOR OF THE RETIREMENT HEALTH SAVINGS PLAN AND AFFIRM THE APPOINTMENT OF THE CITY'S EXECUTIVE DIRECTOR OF FINANCE AS THE PLAN TRUSTEE, AND EXECUTE THE PARTICIPATION AGREEMENT WITH VANTAGE TRUST COMPANY, LLC. TRUSTEE OF THE VANTAGETRUST II MULTIPLE COLLECTIVE INVESTMENT FUNDS TRUST {STRATEGIC PLAN NO. 7, 6} - Personnel Services Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2016 -053 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2011 -080 TO AFFIRM THE APPOINTMENT OF THE EXECUTIVE DIRECTOR OF PERSONNEL SERVICES, OR HIS OR HER DESIGNEE, AS THE CITY'S RETIREMENT HEALTH SAVINGS PLAN ADMINISTRATOR AND AFFIRM THE APPOINTMENT OF THE EXECUTIVE DIRECTOR OF FINANCE AS THE CITY'S PLAN TRUSTEE CITY COUNCIL MINUTES 30 JUNE 21, 2016 1 OA -30 2. AGMT NO. 2016 -171 - Authorize the City Manager to approve the Participation Agreement with Vantage Trust Company, LLC, trustee of the Vantage Trust II Multiple Collective Investment Funds Trust on behalf of the City's various Retirement Health Savings Plans, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55F. AMEND TO PROVIDE CONTINUATION OF ADDITIONAL PARTIALLY - PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY {STRATEGIC PLAN NO. 7,61 - Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2016 -054 - 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: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 31 JUNE 21, 2016 1 OA -31 PUBLIC HEARINGS 75A. PUBLIC HEARING - ORDINANCE AMENDMENT NO. 2016 -01 AND ZONING ORDINANCE AMENDMENT NO. 2016 -01 TO AMEND CHAPTERS 22 AND 41 OF THE SANTA ANA MUNICIPAL CODE TO COMPLY WITH NEW STATE LEGISLATION FOR MASSAGE ESTABLISHMENTS CITYWIDE {STRATEGIC PLAN NO, 3, 21 - Public Works Agency Planning Commission approved recommended action on May 23, 2016 by a vote of 6 -0 (Bacerra absent). Legal Notice published in the Orange County Reporter on June 10, 2016. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2903 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 22 AND CHAPTER 41 WITH REGARD TO MASSAGE AND MASSAGE ESTABLISHMENTS MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75B. PUBLIC HEARING — REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS {STRATEGIC PLAN NO. 5, 61 - Public Works Agency Legal Notice published in the Orange County Reporter on June 10, 2016. MOTION: Consideration of matter continued to the July 5, 2016 City Council meeting per staff's request. CITY COUNCIL MINUTES 32 JUNE 21, 2016 1 OA -32 MOTION: Martinez SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75C. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2016 -21 TO ALLOW AN ALCOHOL BEVERAGE CONTROL LICENSE AT SUPER KING MARKET LOCATED AT 2741 WEST MACARTHUR BOULEVARD — DAVID WEISSGLASS, APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on May 23, 2016 by a vote of 5 -1 (Mill dissented and Bacerra absent). At its regular meeting on June 7, 2016, the City Council directed staff to schedule a fully noticed de novo hearing by a vote of 7 -0. Legal Notice published in the Orange County Reporter on June 10, 2016 and notices mailed on June 9, 2016. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. MOTION Adopt a resolution. RESOLUTION NO. 2016 -055 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -21 TO ALLOW OFF - PREMISE SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY LOCATED AT 2741 WEST MACARTHUR BOULEVARD MOTION: Tinajero SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 33 JUNE 21, 2016 1 OA -33 CITY COUNCIL RECESSED AT 9:11 P.M. TO THE HOUSING AUTHORITY MEETING; FOLLOWED BY SUCCESSOR AGENCY MEETING AT 9:12 P.M. AND RECONVENED THE CITY COUNCIL MEETING AT 9:13 P.M. WITH SAME MEMBERS PRESENT. * Councilmember Martinez left the meeting at 9:12 p.m. and did not return. PUBLIC COMMENTS • Peter Katz, invited the City council to attend upcoming Comlink meeting on Thursday, June 23rd; will have 64 neighborhood associations represented and present annual hero and most beautiful yard awards in addition to first William Branch III Humanitarian Award. • Madeleine Spencer, concerned with unsavory usage of parks; requested additional funding for recreational programs • Carl Benninger, commented that fire destroyed home in Washington Square area some years ago and now an eye sore; request staff direction to address standard and consistency and approval. o Councilmember Benavides, asked Mr. Benninger to submit email with request. • Ilya Tseglia, commented on hardship when member of family removed by State. • Robert Tseglia, echoed comments by his father Mr. Tseglia. 90A. CITY MANAGER'S COMMENTS • Presented and displayed Fourth of July event flyer; reported that City has spent an enormous amount of time trying to get the word out; wanted to make sure public sees flyer, emphasized illegal fireworks will be a very serious situation this year; if apprehended for illegal use of fireworks, fine is $1000.00; Police Department will be out in force. Only safe and sane fireworks are legal in Santa Ana. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Wished Gail Woods well in her retirement from City of Santa Ana, has been great to work with. CITY COUNCIL MINUTES 34 JUNE 21, 2016 1 OA -34 Councilmember Reyna: • Wished Gail Woods well in retirement; was a big help to him when elected to City Council; blessed to have an assistant as her; could not have done it without her. Councilmember Benavides: • Highlighted the 4t" of July event at Centennial Park is in 6t" year, encouraged all to participate in event starting at 9:00 pm; lots of efforts by various personnel on enforcement, noting zero tolerance minimum $1000.00 violation fine; ideas of signage around City and partnerships to get the word out for a strong deterrent to keep community safe, encouraged staff to look at; • Wished Gail Woods well in retirement; • Shop local, shop Santa Ana. Councilmember Tinajero: • Echoed Councilmember Benavides' on retirement wishes for Gail Woods • Noted that Councilmember Martinez had left meeting, announced that she would be giving up her president seat of NALEO this week; commended her accomplishment as a fellow member rising to that level, growing up in Santa Ana and an inspiration to women; • Congratulated school district, shared past experience as a SAUSD board member; happy that City was able to co- sponsor events helping SAUSD with graduations this year, thanked staff and City Councilmembers for stepping up; Eddie Westfield undergoing renovation; • Asked Mayor to close meeting on behalf of Rudy Gallegos; owner of Gallegos Construction who built Eddie West Field, public libraries and area hospitals; a graduate of Santa Ana High School and an undefeated boxer. Mayor Pro Tern Sarmiento: • Joining in, in bidding Gail Woods farewell; • Thanked City Manager for allowing Council to work with him on the budget adjustments this year; • Announced Councilmember Tinajero wound up his career as a debate coach at Fullerton Union school and applauded his efforts to make Santa Ana a future tournament site; being positive for City and youth scholastically and academically; • Thanked staff for quick improvements: ADA, slurry seal in parking lot, restriping and round -about on Central Ave. at Delhi Center; relayed thank you and appreciation from resident Lionel, a member of OCCO and Our Lady of Guadalupe Church and other residents. CITY COUNCIL MINUTES 35 JUNE 21, 2016 1 OA -35 Mayor Pulido: • Closing meeting in honor of Rudy Gallegos; • Reflected on past joint use projects with Santa Ana Unified School District, desire continuing positive partnerships; • Shared, Mr. Gallegos, was a true gentlemen, gentle soul and giant; did much infrastructure work, sidewalks, curbs and streets in earlier Santa Ana; Upon retirement, continued to be an architect and consult; big loss for community and a pioneer; • Expressed condolences to the family. ADJOURNED IN MEMORY OF OF RUDY GALLEGOS ADJOURNED- 9:44 p.m. - The next meeting of the City Council is scheduled for Tuesday, July 5, 2016 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Economic Development Strategic Plan CITY COUNCIL MINUTES 36 JUNE 21, 2016 1 OA -36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: ORDINANCE - SECOND READING: ADD SECTION 2 -111 TO THE SANTA ANA MUNICIPAL CODE REQUIRING MAYOR AND COUNCILMEMBER DISQUALIFICATIONS AFTER RECEIVING A LEGAL DEFENSE FUND CONTRIBUTION (STRATEGIC PLAN NO. , 1) `� ngITY MANAGER 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 21, 2016, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 7 -0: ORDINANCE NO. NS -2902 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW SECTION 2 -111 REQUIRING MAYOR AND COUNCIL MEMBER DISQUALIFICATIONS AFTER RECEIVING A LEGAL DEFENSE FUND CONTRIBUTION STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBIT: 1. Ordinance No. NS -2902 11 A -1 11 A -2 SRC 06/01/2016 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW SECTION 2- 111 REQUIRING MAYOR AND COUNCIL MEMBER DISQUALIFICATIONS AFTER RECEIVING A LEGAL DEFENSE FUND CONTRIBUTION 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. That the California Political Reform Act permits a local candidate or elected officer to establish a separate fund for legal defense, if the candidate or officer is subject to one or more civil, criminal, or administrative proceedings arising directly out of the conduct of an election campaign, the electoral process, or the performance of the officer's governmental duties. B. That cities have explicit authority to impose limitations, restrictions and /or create consequences in relation to contributions to any separate legal defense fund established by a local candidate or office holder. Section 2. Chapter 2 of the Santa Ana Municipal Code is hereby amended by adding a new Section 2 -111 to read as follows: "Sec. 2.111. - Disqualification due to legal defense fund contribution Neither the mayor, nor any councilmember, shall participate in, or use his or her official position to influence a decision to be made by the City Manager or the City Council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent legal defense fund contributor. As used herein, "legal defense fund contributor" means any individual or entity who or which has made a legal defense fund contribution totaling two hundred fifty dollars ($250.00) or more to the mayor or a councilmember or to any campaign committee controlled by the mayor or the councilmember in the twelve -month period immediately preceding the date of the decision. For purposes of this Section 2 -111 any individual who has more than a ten percent (10 %) equity or revenue interest in the contributing entity, or anyone who is a trustee, director, partner or officer of the contributing entity, shall also be deemed a legal defense fund contributor. " 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 55394.00000\29011396.1 1 11 A -3 Exhibit 1 11 A -4 court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:�f,�l�f�L �• try AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2016 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY 55394.00000\29011396.1 2 11 A -5 11 A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: ORDINANCE - SECOND READING: AMENDMENT NO. 2016 -01 AND ZONING ORDINANCE AMENDMENT NO. 2016 -01 TO AMEND CHAPTERS 22 AND 41 OF THE SANTA ANA MUNICIPAL CODE TO COMPLY WITH NEW STATE LEGISLATION FOR MASSAGE ESTABLISHMENTS CITYWIDE (STRATEGIC PLAN NO.. 5, 1) CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On June 21, 2016, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 7 -0: ORDINANCE NO. NS -2903 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 22 AND CHAPTER 41 WITH REGARD TO MASSAGE AND MASSAGE ESTABLISHMENTS STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBIT: 1. Ordinance No. NS -2903 1113-1 11 B -2 LS 5.27.16 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 22 AND CHAPTER 41 WITH REGARD TO MASSAGE AND MASSAGE ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The California legislature approved Assembly Bill 1147 (Government Code sections 51030 - 51034) which amended the California Massage Therapy Act (Business and Profession Code sections 4600 -4621) effective January 1, 2015. B. The new law authorizes a city, county, or a city and a county to adopt or enforce local ordinances that govern zoning, business licensing, or reasonable health and safety requirements for establishments or businesses of a certified massage therapist or certified massage practitioner. C. The City Council finds that the permit requirements and restrictions imposed by the amended codes are reasonably necessary to protect the health, safety and welfare of the citizens of Santa Ana. Section 2. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15061(b)(3) "General Rule ", as it has determined that no significant environmental impact will result from approving these code amendments (Environmental Review Number ER- 2016 -57). Section 3. Santa Ana Municipal Code Chapter 22 is hereby amended to read as follows: Chapter 22 MASSAGE ESTABLISHMENTS Sec. 22.1. Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter: 11 B -3 LS 5.27.16 (a) "California Massage Therapy Council' or " CAMTC° means the state - organized, non - profit organization created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600, as amended). (b) "Employee" includes every owner, partner, operator, manager, supervisor and worker, whether part -time, full -time, or temporary, whether paid or not, who renders services of any nature or is otherwise employed in the operation of a massage establishment. For purposes of this chapter, the term employee shall also include massage technicians who provide massage services as independent contractors to a massage establishment. (c) "Manager" means the owner or operator of the massage establishment, or any person(s) designated by the owner or operator to act as the representative and agent of the owner or operator in managing daily operations. Evidence of management may include, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. (d) "Massage" means any scientific manipulation of soft tissue, or method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar preparations commonly used in this practice. (e) "Massage certificate" means a certificate issued by the CAMTC pursuant to Section 4604• of the Business and Professions Code (Chapter 10.5 commencing with section 4600, as amended). (f) "Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as regular functions. (g) "Massage technician" means any massage practitioner, masseuse, massage therapist or any person who administers or in any way assists in administering any form of massage, bath, or health treatment involving massages or baths as the principal functions to another person for any consideration whatsoever. A massage technician may be an employee or independent contractor. 11 B -4 LS 5.27.16 Sec. 22 -2. Massage establishment permit required. (a) 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, the business of a massage establishment without a permit issued pursuant to the provisions of this chapter for each and every such massage establishment. (b) Any healing arts professional or other state licensed practitioner listed in section 22 -5 of this chapter who employs, or contracts with, more than two (2) massage technicians must obtain a massage establishment permit. Sec. 22.2.1. Massage establishment permit term. (a) Permits for massage establishments shall be for a period of one (1) year, unless sooner revoked as set forth in this chapter. (b) No permit granted herein shall confer any vested right to any person or business for more than the limit period. All massage establishments subject to this chapter, shall comply with the provisions of this chapter and as may be amended hereafter. Sec. 22.3. Massage establishment permit application. (a) Any person, corporation or partnership desiring to obtain a permit to operate a massage establishment shall make application to the chief of police or his /her designated representative, Prior to submitting such application a nonrefundable fee as established by resolution of the city council shall be paid to the department of finance to defray, in part, the cost of administering the requirements of this chapter. The department of finance shall issue a receipt showing that such permit application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is submitted. (b) The application for permit does not authorize conducting a massage establishment business until such permit has been granted. (c) Each applicant shall be the owner of the massage establishment and shall furnish the following information: (1) The full true name and any other names used by the applicant. (2) The present address and telephone number of the applicant. (3) The previous addresses of applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each. 11B-5 LS 5.27.16 (4) Acceptable written proof that the applicant is at least eighteen (18) years of age (5) The applicant's height, weight, color of eyes and hair, and date of birth. (6) Two (2) photographs of the applicant at least two (2) inches by two (2) inches taken within the last thirty (30) days. (7) Business, occupation or employment history of the applicant for the five (5) years immediately preceding the date of application. (8) The business license history of the applicant and whether such applicant, in previously operating in this or any other city, state or territory under license, has had such license revoked or suspended, the reason therefore, and the business activity or occupation subsequent to such action of suspension or revocation, (9) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such convictions. (10)lf the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than five (5) percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one (1) or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one (1) of its officers or general partners to act as its responsible managing officer. The responsible managing officer may complete and sign all applications on behalf of the corporate officers and partners, Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one (1) application fee shall be charged. (11 )The name and address of the owner and lessor of the real property upon which the business is to be conducted, and a notarized copy of the lease or rental agreement, including any addendums to the agreement. (12)Such other identification and information as the police department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (13)Proof of submission to the California Department of Justice a complete set of the applicant's fingerprints taken by a police department or California 11 B -6 LS 5.27.16 Department of Justice approved contractor. The applicant shall be responsible for payment of any fingerprinting fee. (14)A site plan depicting the building and /or unit proposed for the massage establishment and a dimensional interior floor plan depicting how the massage establishment will comply with all applicable requirements of this chapter. (15)The complete name, date of birth, phone number and residence address of the proposed on -site manager who will be principally in charge of the operation of the establishment, and any other information as requested by the massage establishment application. A manager must possess the same qualifications as an owner. (16)A statement in writing, and dated, by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct. (d) The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear at the police department of the city and produce proof that the required application fee has been paid and shall present the application containing the aforementioned and described information. (e) The chief of police shall have forty -five (45) calendar days in which to investigate the application and background of the applicant. The department of building safety shall inspect the premises proposed to be devoted to the massage 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 /she 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 if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not within five (5) years prior to the application filing date been convicted of an offense involving conduct which requires registration under California Penal Code Section 290, or of conduct which is a violation of the provisions of California Penal Code 11 B -7 LS 5.27.16 Sections 266h, 266i, 311.6, 314, 315, 316, 318, 415, 647(a), 647(b), or 647(4), or any crime involving dishonesty, fraud, deceit, or moral turpitude, or any felony offense involving the sale of a controlled substance specified in Sections 11054 through 11058 of the California Health and Safety Code. (6) The applicant has not had a massage establishment permit or massage technician 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. (7) The massage establishment as proposed by the applicant would comply with all applicable laws including, but not limited to, health, zoning, fire and safety requirements and standards. (8) The applicant is at least eighteen (18) years of age. (g) Any person, corporation or partnership denied a permit by the chief of police or designee pursuant to these provisions may appeal pursuant to chapter 3 of this Code. (h) It shall be the responsibility of any massage establishment permit holder to notify the city within thirty (30) days of changing either his /her home address, phone number, or the address of the massage establishment. Sec. 22 -3.1. Massage establishment permit 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 /her permit to lapse or which permit expired during a suspension shall be required to submit a new 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. (c) Any person desiring to obtain a renewal of his /her respective permit shall provide a valid city issued business license at the time of filing. 11 B -8 LS 5.27.16 Sec. 22 -4. Massage technician requirements. (a) It shall be unlawful for any person to act as a massage technician, practitioner, or therapist unless such person holds a valid massage certificate issued by the CAMTC pursuant to Section 4604 of the Business and Profession Code (Chapter 10.5 commencing with Section 4600, as amended) and a photo identification card prepared and issued by the city. (b) Any massage technician acting or operating as an independent contractor shall have and maintain a valid city issued business license. Sec. 22 -5. Exemptions. The provisions of this chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions: (a) Acupuncturists, physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duty licensed to practice their respective professions in the state. Practical nurses, licensed vocational nurses, or other persons without qualifications as massage technicians, whether employed or contracted by acupuncturists, physicians, surgeons, chiropractors or osteopaths or not, may not give massage or massage procedures. (b) Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the state. (c) Nurses registered under the laws of the state. (d) Barbers, cosmetologists, manicurists and estheticians who are duly licensed under the laws of the state when engaged in such practice within the scope of their license. Except that this exception applies solely for the massaging of the neck, face and /or scalp of the customer of said barber or cosmetologist or in the case of a licensed manicurist, the massaging of the forearm, hands, calves and /or feet. State licensed estheticians may provide skin care, which is limited to the face, neck, arms or upper part of the human body. (e) Accredited high schools and colleges, and coaches and trainers therein while acting within the scope of their employment. (f) Trainers of any amateur, semiprofessional or professional athlete or athletic team. Sec. 22 -5.1. Persons working for exempted individuals. Any person conducting massage for an exempted class individual must possess a massage certificate and shall comply with all massage regulations. A massage 11 B -9 L.S 5.27.16 technician employed by an exempted class individual must work under the direction and control of that individual who must be physically present at the location where the massage is being administered. A massage technician cannot rent office space or workspace at an exempt individual's location. Sec. 22 -5.2. Evidence of exempt status. (a) Any person or business exempted from the provisions of this chapter pursuant to section 22 -5 shall file with the city a copy or provide other evidence of the certificates, permits, licenses, registration, or other approved authorizing documentation held by the persons who are providing massage services at the business, prior to commencing services within the city. (b) The city shall have the authority to make reasonable investigations into the information so provided pursuant to this section. Sec. 22 -6. Massage establishment facilities. Every massage establishment shall maintain facilities meeting the following requirements: (a) Sign. Establishment must comply with the city sign ordinance contained in chapter 41. (b) Lighting. Minimum lighting shall be provided in accordance with Article 220 of the National Electric Code, and, in addition, at least one (1) unobstructed artificial light of not less than sixty (60) watts shall be provided in each room or enclosure where massage services are performed on patrons. (c) Ventilation. Minimum ventilation shall be provided in accordance with Section 1105 of the Uniform Building Code. (d) Equipment. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. (e) Water. Hot and cold running water shall be provided at all times. (f) Linen storage. Closed cabinets shall be provided for storage of clean linens, and approved receptacles shall be provided for storage of soiled linen. (g) Separation of sexes. If a shower facility is provided at a massage establishment, separate shower and dressing facilities shall be provided for male and female patrons, and each such separate facility or room shall be clearly marked as such. 11B-10 LS 5.27A6 (h) Facilities for employees. A minimum of one (1) separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided sanitary towels in permanently installed dispensers at each wash basin. (i) Compliance with Code. Proof of compliance with all applicable provisions of this Code shall be provided. Sec. 22.7. Massage facilities operation. Every person who owns, operates, manages or is employed in any massage establishment shall comply with the following operating requirements. These requirements shall be prominently and publicly displayed in a conspicuous place upon every premises operating under the provisions of this chapter: (a) No person shall be employed or permitted to act as a massage technician who is not in possession of a valid unrevoked massage certificate. (b) Bath and massage operations shall be carried on and the premises shall be open only between the hours of 8:00 a.m. to 10:00 p.m. (c) A list of services available and the cost of such services shall be posted in an open, public place on the premises, and shall be described in readily understandable language. No owner, operator, responsible managing employee, independent contractor, manager, or permittee shall permit, and no massage technician shall offer to perform any services other than those posted, (d) The massage establishment shall prominently display the massage establishment permit and any and all massage certificates for each and every massage technician employed in the establishment in the front lobby area of the premises, for examination upon demand by any police or code enforcement officer of the city. (e) Each massage technician shall wear a photo identification card prepared and issued by the city while administering a massage. The identification card shall be worn on outer clothing with the photo facing out. The massage technician shall not use any name other than specified on the photo identification card while on duty. (f) Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings and linens shall not be used on more than one (1) patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used 11B -11 LS 5.27.1© on more than one (1) patron. Soiled linens and paper towels shall be deposited in approved receptacles. (g) In any establishment in which massage services are rendered only to members of the same sex at any one (1) time, such persons of the same sex shall be placed in a single separate room or the operators of the massage establishment may elect to place such persons of the same sex in separate rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed. (h) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the health department. Bathtubs shall be thoroughly cleaned with a disinfectant approved by the health department after each use. (i) Instruments utilized in performing massage shall not be used on more than one (1) patron unless they have been sterilized using approved sterilizing methods. (j) No persons shall enter, be or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises. (k) No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage, except as provided below. It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. (1) No part of the establishment shall be used for residential or sleeping purposes. (m) All massage establishments shall have a manager on the premises at all times the massage establishment is open. The designated manager must possess a valid and current CPR certificate issued by the American Red Cross or the American Heart Association. (n) The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this chapter and any applicable provisions of this Code. Any change in management must be reported to the police department within ten (10) days. (o) An operator and /or on -duty manager shall be responsible for the conduct of all employees, or independent contractors, while the employees are on the licensed premises. Any act of omission of any employee constituting a violation of the provisions of this chapter and any applicable provision of this Code shall 11B-12 LS 5.27.16 be deemed the act of omission of the operator for the purposes of determining whether the operator's license shall be revoked, suspended or renewed. (p) All walls, ceilings, floors and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Sec. 22.8. Inspections. The department of building safety and/or the police department may, from time to time, make an inspection of each massage establishment in the city for the purpose of determining that the provisions of this Code are met. Sec. 22 -9. Sale or transfer. (a) Upon the sale or transfer of any interest in a massage establishment, the permit shall be null and void. Any person, firm or entity desiring to own or operate the massage establishment shall make a new application. A fee as established by resolution of the city council shall be payable for each such application involving sale or other transfer of any interest in an existing massage establishment. The provisions of section 22 -3 of this chapter shall apply to any person, firm, or entity applying for a massage establishment permit for premises previously used as such establishment. (b) Any such sale or transfer of any interest in an existing massage establishment or any application for an extension or expansion of the building or other place of business of the massage establishment shall require inspection and shall require compliance with section 22 -6 of this chapter. (c) The owner or operator of a massage establishment shall be responsible for notifying the city of any intention to rename, change management, change location, or convey the business to another person. Sec. 22 -10. Change of location or name. (a) A change of location of any of the aforementioned and described premises may be approved by the chief of police and planning manager, provided a new application and fee are submitted and all ordinances and regulations of the city are complied with. (b) No permittee shall operate under any name or conduct any establishment under any designation not specified in his permit. Sec. 22.11. Prohibited conduct. 11B-13 LS 5.27.16 (a) It shall be unlawful for any massage technician to perform any massage services in any commercial establishment other than a premises holding a valid massage establishment permit. (b) A massage technician shall be fully clothed at all times and shall not expose their genitals, pubic area, buttocks, or in the case of female technicians, their breasts, and such practices shall not be allowed or permitted by the massage establishment permittee or his designee. (c) A massage technician shall not give massages at any location other than on the premises of a massage establishment with a valid massage establishment permit. (d) A massage technician shall not give a massage unless the breasts of female patrons are covered and the genitals of all patrons are covered, and such practices shall not be allowed or permitted by the massage establishment permittee or his designee. (e) No massage, for a fee, shall be done at the residence of a massage certificate holding massage technician or in any hotel, or motel in the city. (f) It shall be unlawful for a massage establishment to use, sell or furnish any product that is infused with marijuana. Such product may take the form of a spray, patch, topical, lotion, salve, cream, oil, balm, or similar form intended for external application during a massage. Marijuana as used in this section includes any product infused with tetrahydrocannabinol (THC) or cannabidiol (CBD). (g) It shall be unlawful for a massage technician, massage practitioner or a massage therapist to use or apply any product that is infused with marijuana. Such product may take the form of a spray, patch, topical, lotion, salve, cream, oil, balm, or similar form intended for external application during a massage. Marijuana as used in this section includes any product infused with tetrahydrocannabinol (THC) or cannabidiol (CSD). (h) It is a violation of this chapter for a permit holder to commit, and the city may deny an application for a permit or discipline a permit holder for, any of the following: (1) Unprofessional conduct, including, but not limited to, denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a certificate holder by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision, order, or judgment shall be conclusive evidence of these actions. (2) Procuring a permit by fraud, misrepresentation, or mistake. 11B-14 LS 5.27.16 (3) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision or term of this chapter or any rule or bylaw adopted by the city. (4) Conviction or plea of guilty or nolo contenders to any felony or misdemeanor or infraction that is substantially related to the qualifications or duties of a permit holder, in which event the record of the conviction or plea shall be conclusive evidence of the crime. (5) Conviction or plea of guilty or nolo contendere to any felony or misdemeanor or infraction directly related to the operation of a massage establishment. (6) Impersonating an applicant or acting as a proxy for an applicant in any examination referred to under this chapter for the issuance of a permit. (7) Impersonating a certified practitioner or therapist, or permitting or allowing an uncertified person to use a certificate. (8) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a permit holder. (9) Committing any act punishable as a sexually related crime. Sec. 22.12, Suspension or revocation. When the chief of police finds that any person holding a permit under the provisions of chapter 22 has violated the provisions of this chapter or is found guilty of conduct which would form the basis of denial of the license as set forth in sections 22 -2 and 22- 4, he /she may revoke or suspend the permit. No such revocation shall become effective until the permit holder has been notified in writing by certified mail of his /her right to appeal the revocation decision pursuant to the provisions of chapter 3 of this Code. If a timely appeal is filed, the revocation shall be effective only upon decision of the city council. Otherwise, the revocation shall become effective after the timely appeal period has passed. Sec. 22 -13. Conducting as a nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence a civil action or actions, proceeding or proceedings for the abatement, removal or enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. 11B -15 LS 5.27.16 Sec. 22 -14. Existing businesses. The provisions of this chapter and chapter 41 shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this chapter. All massage establishments within the city that were conducting activities requiring permitting and regulated under this section whose activities existed prior to the effective date of this chapter, have a period of one (1) year from the date of the adoption of the revisions to apply for all permits required of massage establishments. Sec. 22 -15. Advertising requirement. All advertising shall include the massage establishment permit number in any advertisement of services appearing in any printed or electronic advertising medium. The reference does not have to contain the wards "massage establishment permit ". "City of Santa Ana permit number" or similar language will suffice so long as the correct permit number is included. Sec. 22-16. Violation - Penalty. Any person violating this chapter shall be guilty of a misdemeanor, punishable by a fine of one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Section 3. Article XVIII of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: .ARTICLE XVIII. MASSAGE Sec. 41 -1750. Specific purposes. (a) In addition to the general purposes listed in section 41 -1, the specific purposes of this article are to: (1) Establish a procedure which places strict limits on processing time and creates an orderly process for reviewing applications to conduct massages, in the interest of public health, safety, and welfare. (2) Ensure orderly and thorough city review of applications for conducting massages, including, but not limited to, massage establishment(s). (3) Establish reasonable and uniform regulations that will reduce possible adverse secondary effects that businesses conducting massages may have upon the residents of the city and preserve the integrity of existing commercial areas of 11B-16 LS 5,27.16 the city and of residential areas which are in close proximity to such commercial areas. (b) This article shall not apply to a retail or service use that is currently licensed by the State of California Board of Barbering and Cosmetology or an exempt individual as defined in section 22 -5 of this Code. Sec. 41 -1751. Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter: (a) "California Massage Therapy Council' or "CMTC" means the state - organized, non - profit organization created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600, as amended). (b) "Employee" includes every owner, partner, operator, manager, supervisor and worker, whether part -time, full -time, or temporary, whether paid or not, who renders services of any nature or is otherwise employed in the operation of a massage establishment. For purposes of this chapter, the term employee shall also include massage technicians who provide massage services as independent contractors to a massage establishment. (c) "Manager" means the owner or operator of the massage establishment, or any person(s) designated by the owner or operator to act as the representative and agent of the owner or operator in managing daily operations. Evidence of management may include, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. (d) "Massage' means any scientific manipulation of soft tissue, or method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar preparations commonly used in this practice. (e) "Massage certificate' means a certificate issued by the CMTC pursuant to Section 4604 of the Business and Professions Code (Chapter 10.5 commencing with section 4600, as amended). 11B-17 L5 5.27.16 (f) "Massage establishment' means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as regular functions. (g) "Massage technician" means any massage practitioner, masseuse, massage therapist or any person who administers or in any way assists in administering any form of massage, bath, or health treatment involving massages or baths as the principal functions to another person for any consideration whatsoever. A massage technician may be an employee or independent contractor. Sec. 41 -1752. Permitted zones and locations. No massage establishment may be located within the city unless it meets the following zoning and location criteria: (1) Massage establishments may be permitted on parcels in the C1, C1 -MD, C2, C4, C5, or CSM zoning districts. (2) Massage establishments may be permitted on a parcel within any Specific Plan or Specific Development zoning district in which retail service uses are defined and permitted. (3) No massage establishment is permitted in any other zoning district. Sec. 41- 1753. Permits and certificates- Contents of application. No massage establishment may be operated or established in the city without first obtaining the following: (1) Approved certificate of occupancy. (2) A city issued business license. (3) Approved massage establishment permit issued by the chief of police, as set forth in section 22 -2 of this Code. Sec, . 41 -1754. Development and operating standards. (a) The following development and operating standards shall be applied to the operation of any massage establishment: 11B-18 LS 5.27.16 (1) The owner must advise the city, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a massage establishment or administer a massage in any massage establishment between the hours of 10 :00 p.m. and 8:00 a.m. A massage begun any time before 10:00 p.m., must nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. (2) All exterior signs identifying the premises as a massage establishment shall comply with the sign requirements of the city. (3) Each operator and /or on -duty responsible employee shall display the massage establishment permit in a conspicuous public place in the lobby of the massage establishment. (4) The hours of operation must be posted in the front window and clearly visible from the outside. (5) The operator and /or on -duty responsible employee must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and /or on -duty responsible employee as well as all on -duty massage technicians. (6) "No loitering" signs shall be posted at the front and rear of the business. No outside waiting or seating area is permitted in accordance with section 602 of the Penal Code. (7) Employees shall be at least eighteen (18) years of age. There shall be a minimum of one (1) employee managing the massage establishment during all working hours. During each employee's working hours; the employee shall wear a city issued badge identifying the business and the employee's full name. (8) Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance. (9) Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times. (10)Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) foot - candle of light. (11 )No exterior pay phones shall be permitted. 11B-19 LS 527.16 (12)Rear exits are prohibited unless required by either the building code or the fire code. When required, rear exit doors shall be kept in a locked closed position and shall have panic hardware. (13)No person shall be employed or permitted to act as a massage technician who is not in possession of a valid, un- revoked massage certificate and a photo identification card prepared and issued by the city as required in chapter 22 of this Code. (14)lt shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. (15)Residing in a massage establishment is prohibited. No person or persons shall be allowed to live, reside or dwell inside the massage establishment at any time. No food of any kind shall be prepared for sale or sold in the establishment. (16)No interior doors may be locked during operating hours, Sec. 41 -1755. Applicability to other regulations. The provisions of this article are not intended to provide exclusive regulation of the regulated expressive business uses. Such uses must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of chapter 41 of this Code, the provisions of this article shall prevail. Secs, 41 -1756 - 41 -1799. Reserved. Section 4. If any section, subsection, sentence, clause or 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 or phrase or portion thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional. 11 B -20 Ls 5,27.16 ADOPTED this day of APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: w�1�1 Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2016. 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 2016, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Clerk of the Council City of Santa Ana 11 B -21 11 B -22 H % N CITY OF SANTA ANA LEGISLATIVE CITY COUNCIL COMMITTEE MEETING CANCELLATION NOTICE The regularly scheduled Legislative City Council Committee meeting scheduled for Wediiiiesday, Jluiiiie 22, 2016 at 1ZOO 4 iii ii has been cancelled. The date of the next meeting is July 12, 2016. If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Vicente Sarmiento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Reyna, Sal Tinajero, Mayor Mayor Pro Tem, Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPulltlo(r n @anaom Ward MMMN zBsar AmezcuaBr n @ana on, MBen,mde Bsaraana. on, RReynaBsar STnaeroBsanta ana. on, V/eannlentna�anh. ana nm City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714- 647 -6900 • Agenla.0 erg ln2jries: 714- 647 -5200 • Website: www.santa- ana.org 13A -2 CITY COUNCIL MEETING DATE: JULY 5, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED PUBLIC WORKS AGENCY STATUS OF ❑ As Recommended PROJECTS - MONTHLY CAPITAL ❑ As Amended IMPROVEMENT PROGRAM EXECUTIVE ❑ Ordinance on 2n Reading ❑ Ordinance on 2 "d Reading REPORT FOR JUNE 2016 ❑ Implementing Resolution (STRATEGIC PLAN NO. 5, 1) ❑ Set Public Hearing For Receive and file. DISCUSSION CONTINUED TO FILE NUMBER The June 2016 Capital Improvement Program Executive Summary Schedule (Exhibit 1) provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes, and percentage completed for each project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Public Works Agency FM:Io Exhibit: 1. Capital Improvement Program — Executive Summary Schedule 19C -1 19C -2 EXHIBIT 1 19C -3 a 9 s a� lye Fill 1111111111 I I W J � 2 � u 3 E U' 6 E a� � N a u m 0 a D g 4 a _ _ 8 88 $$ - 8$85888854°y�8p$Q8p$p$8 $ Q 8S88 SSES §S°'1BS� F a � i 3 �5t88N #88N � ��8SN88 »S�g� »Namr�°'OBRSN O yy Y_ • 3 'gI SSS CCCC J I a � d tL � r, qq € E x '�' n� E •°' E 'r H m C u: 9 9 iiyff 'n E g c� E Z c' C= n�� q �$ u� al W 17 8 m�$aaE �.,cB � A =`rA =3Sdo u`z EyfaVEz A c o 0 R .��`s a l .�.8 x o E �: W 3: c P 3 , �°, 6 3 x 3 5� z o a �u' 3� m o p N N '.E as as Wa Cgce oc °boo ece o o a �'A A 4 i w� �� � w__ 3-w � w �. E 8' •. EXHIBIT 1 19C -3 19C -4 _ ~aF F a= d qq 4. J W a� GG8 I � (a a F Z - _ 885- $8888888ff8.8$$8888 8$$8888$888$$3 $8 Q O Z aNNeq °$BS�SS8�8:°88PiSB S'88SS��S8 °°' o n° n o �3.7�� g> p Q a m :° Es e a` c£ — ; .,,..c4 .� 2 C,. 3 U 4�� p c ro s d c° �✓ c � 'e c; 2;� c E 3 c '� �� E` E � mE'� ' a'>p �' -9 c � E E yv Q.0 = 5 tf ; @" E y m 2 ' E c g c C I a 3 W W m m'63'G N E 'E'l5 i5-e3 19C -4 19C -5 8 F 3 ' as i-J a° I I _ �IC F 1u/f o W � J E a■ � r ° R � r � � O .y o u Q�S � Z 8p$8888Q8,8p8Q.88p8 a °p$pQy$� y$y$� Q Q5p8p$Q888p$S�pSgSQ8g88 8 Ref 888F2 Q agg qE E u�S F{gS Fi b; tt'�r; q`$Sg SSE E5 SE1�� yyu. pEpm QS pEp 4E � g�'�a��3��33�v r�6�a ssass�eaesa���aa�a� }O AA N� nn 4 a €E_ V e e $ `an _ 1 d c G^'n'.m. c° c mho ti E 6 6c a nES� cE Z' - E EEEa LL �fN A Z z >" E p u °�° o`a o` E0 Fnm io°, z °k, E E 33 �R 5E m g$3a333Ada��a3 19C -5 i a� ryes W l I J Y 7 +yz LA Q Z � EI Q d .. C c_I II u CL 2 H 'I.., $$8$8 -_ -8$ $ 88888,88$8$8888888 8 IL �C;N N W t I I 2 2 2 2 2 2 99 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 333s�sA 4ssxssssssA 9sx x x x x x x x x x x x x x x x x x x x x x ^ V V V V V V V V V V V V V V V V V V V V V V V J J ¢� Q Q S 9 a le ocs d E u 19C -6 *1- 6 • CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: DOWNTOWN ENHANCEMENTS AND PARKING MODERNIZATION PLAN UPDATE (STRATEGIC PLAN NO. 3,413) \r CITY MANAGtR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ;.,,e m ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file an update on the Downtown Enhancements and Parking Modernization Plan. DISCUSSION During late 2014, City staff began to assess the current conditions of the parking operations. The initial findings identified an imbalanced pricing model, outdated parking equipment and a lack of amenities. As a result, staff commenced various initiatives including the commission of parking rates surveys, walk and talk tours, hosted meetings to engage stakeholders in order to gain a better understanding of the needs for the Downtown. With the collaboration of various Downtown stakeholders, the results led to the formation and adoption of the Downtown Enhancements and Parking Modernization Plan by City Council on August 4, 2015. Listed below are the completed and pending projects to date (Exhibit 1), related to the Downtown Enhancements and Parking Modernization Plan: Revision of parking ordinance and resolution Adjustment of parking meter rates Reduction of expired meter citations Downtown Santa Ana (DTSA) 90 day moratorium 1901-1 Completed — August 2015 Completed — October 2015 Completed — October 2015 Completed — December 2015 Downtown Enhancements and Parking Modernization Plan Update July 5, 2016 Page 2 DTSA patrol — 4 dedicated officers Completed — February 2016 LED lighting retrofit — parking structures Completed — March 2016 DTSA lunch trolley Completed — June 2016 DTSA security cameras In progress — Summer 2016 Public restrooms — 3rd & Bush lot In progress — Summer 2016 Public murals — Call for Artists RFQ In progress — Fall 2016 RFP and selection of parking operator In progress — Winter 2016 Public restrooms — Plaza Calle Cuatro In progress — Spring 2017 Automated parking equipment In progress — Spring 2017 Parking structure improvements In progress — Spring 2017 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #4 (Continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination.), Strategy #B (Create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown.) FISCAL IMPACT There is no fiscal impact associated with this item. Exhibit: 1. Presentation 19D-2 ' f lU.'.. o a � � ZIP � �V 1 0( W D Q 0 0` A� W 0 E •0 .4— N 0 U LO a � Q T U � 0 0 ■� rn � 3 o •- � 0 0 N ' f lU.'.. o a � � ZIP � �V D Q 0 0` .^ 0 E 4- N N U LO a � Q T � � � Q N N De w :E 0 cn V w De 0 :E 19 N N L N i O t V i H N N C O } c 3 H L, - } } L E V) 19D -5 0 N t m O a a N N Y u �L N Ln O � O l0 N � c v O N u U } Ln N c-I N L�f) 0 U U r i N 06 c-I v} 0 Ol rI i-•I O vii C � H U Q . U N T l0 N O L � o N o 0 LO U N U 00 � k.0 n U U N N Ln o N r-i m ,.. n a 00 0 d• to o N ri CO m a-1 lD ri U N Ln L N cI N l0 i-i O u Q0 m k o 19D -5 0 N t m O a a N N Y u �L Ln ro v L Y O Ln r` 00 c v O N u U } Ln N O W 00 W c- L�f) 0 (U � i N o 1, t/} 06 c-I v} 3 - V) Y o j u O O L H � C vii C � H U Q w > OC @ 0 N v 0 0 a v a v z° f ll, 0 L s V J 19D-6 r- 0 (N s U L _N Q. E /0 V Ln 0 V) M V LU CLM Q D H V w mmn 0 Cie CL O 4- C3 CL Q V) F- 0 19D-8 SO r� O CN i O N LL I 0 N Q E 0 V N E. a� N O CV E o v o W •- CL O N CL V) � N u 4= O - 3 O T N a L0� L 3 o •) W Y m` 19D-8 SO r� O CN i O N LL I 0 N Q E 0 V N E. Jc J W Tff t 19D-9 0 N s V i J f- Q 0 u N N L E 0 V i V M 3 0 3 0 0 19D -10 �O O N _>1 C O N Q E O V +- N w N N L 0 N +- O J s N D m M .p ..0 O L- 4- V CL 19D -11 N O N N E E n V) O 4- _N E O V w N N L O L Q c •• N D L D V CL 19D -12 D U- c O 4- V } N Lu N N O L Q V) 0 Z o `u a c d _ v�Qo a N a =� O O � LL o U w O o=) Ci W 19D -12 D U- c O 4- V } N Lu N N O L Q V) 0 ti 19D -13 O o cn -- - - - - -- -- -• -- - w N O - � � O N A 70 0 U« � N aw OO 4 w OU. Ox U Z N 19D -13 0 E O a-- D E 19D -14 r O N N C O N E O V N LU tn N L O L Q c m N rl v Q w V Q J d N E 1 O L E C3 N N L N 3 Z 19D -16 J �1- Q� Q E 0 u N D N `r L L ^W W L N 19D -17 O CN N Q L h N LU W L L U • tA 4- v N i C3 3 0 3 0 n 19D -18 Rm O N a LL c O } _N Q E O V N W (A N 0 4- a V) d V Z LU LU J Q V w CL V) v p 'o i VI W s 19D -20 CC H L E N C U- C O C0 } N L V 10 O CV Q N L m L Q 19D -21 ^L, W f� V V N T C } m V s, v c L N L L LL 19D -22 N Yo Y L N U L O N L L O O N Q •� H L }: O Q N L o V 3 m Z T a c c 0 3 0 Z L • s • O O ^T` W w� so-* 0 � Mn r N 19D -24 0 . • • CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: AWARD CONTRACT TO PACIFIC TENNIS COURTS INC. FOR CONSTRUCTION OF RIVERVIEW, CABRILLO, AND WINDSOR PARKS COURT RESURFACING (PROJECT 16 -2668) (STRATEGIC PLAN NO. 6, 1B) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Ilk ►,mot a.. FILE NUMBER JJC1\CITY MANAGER RECOMMENDED ACTION 1. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to Pacific Tennis Courts Inc., the lowest responsible bidder, in accordance with the base bid plus Additive Alternates 1 and 2 in the amount of $263,010, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Riverview, Cabrillo, and Windsor Parks Court Resurfacing Project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $315,620, which includes the contract base bid plus Additive Alternates 1 and 2, administration, inspection, testing, and a $26,301 contingency. DISCUSSION The tennis courts at Cabrillo and Windsor Parks, and the basketball court at Riverview Park, are not in use due to fractured and uneven surfaces, damaged or missing sidewalks, and broken fences or gates, which create unsafe conditions to the public (Exhibit 1). Resurfacing and repairs will restore recreation programming of the tennis courts at Cabrillo and Windsor Parks, and at the Riverview Park basketball court. The project will also replace or add sidewalks, as needed; construct new curb ramps; and repair or replace chain link fences and gates. Due to the uncertainty of the cost to complete all needed work in comparison to the limited funds available, staff designed the project with base improvements to ensure a project could be awarded, but with additional work identified as "alternates" to consider up to the maximum limit of available funds. Therefore, Additive Alternates 1 and 2 were included to repair the Riverview Park parking lot pavement, and install new striping and wheel stops. Once completed, these improvements will enhance the appearance and usability of the parks. 23A -1 Award Contract for Riverview, Cabrillo, & Windsor Parks Court Resurfacing July 5, 2016 Page 2 A Notice Inviting Bids was advertised on May 10 and May 17, 2016, and bids were opened on June 7, 2016. The following tables summarize the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 19 Contractors requesting bidding documents 9 Bids received 4 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID BASE BID + Alt. 1 & 2 1 Pacific Tennis Courts Inc. Moorpark $225,570 $263,010 2 Ruiz Concrete & Paving Inc. Long Beach $236,038 $341,525 3 EBS General Engineering, Inc. Corona $294,366 $318,762 4 Excel Paving Company Long Beach $429,345 $494,385 A total of four bids were received and all were considered responsive. Pacific Tennis Courts Inc. submitted the lowest responsive bid in the amount of $225,570. This bid amount is comparable to the engineer's estimate of $249,800 (Exhibit 2). Since there are sufficient funds available, staff recommends including in the construction contract Additive Alternates 1 and 2 in the amount of $37,440. Therefore, staff recommends awarding a contract to Pacific Tennis Courts Inc. in amount of $263,010, which includes the base bid plus Additive Alternates 1 and 2 (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review ER 2016 -67 has been filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. 23A -2 Award Contract for Riverview, Cabrillo, & Windsor Parks Court Resurfacing July 5, 2016 Page 3 FISCAL IMPACT The Project Cost Analysis estimates project expenditures of $315,620, which include the construction contract, construction administration and inspection, as well as contingencies (Exhibit 4). Funds are budgeted in for expenditure in Fiscal Year 2016 -17 as follows: FUND ACCOUNT PROJECT AREA AMOUNT Cell Tower Fund 05113263 -66220 Riverview Park $32,227.00 Council Special Projects Fund 05013018 -66220 Riverview Park $81,770.00 Cabrillo Park $64,838.85 Windsor Park $136,784.15 Frgd Mousa*66r Executive Director Public Works Agency Gerardo Mouet C Executive Director Parks, Recreation & Com unity Services Agency FM /EWG/TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis TOTAL: $315,620.00 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director k8 Finance & Management Services Agency 23A -3 23A -4 2M ST r 19TH ST es� WINDSOR PARK SANTA ANA CITY COUNCIL uP_ AGENDA DATE: - JULY 5, 2016 w lc q s s Kv l u r 11 11 FFUF ST O O � 0 O O O � p ^7 p I f CABRILLO PARK EXHIBIT 1 PROJECT NO. 16 -2668 RIVERVIEW, CABRILLO & WINDSOR RESURFACING 23A -5 PAGE 1 OF 1 23A -6 CITY OF SANTA ANA Exhibit 2 PROPOSAL PROJECT NO,: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Pacific Tennis Courts Inc REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount .... 1 UnelassifiedExcayanm ._ CY 200 $ $ 85.00 17,000.00 2 Asphalt Concrete (AC) Court Pavement TN 100 $ $ 245,00 24, 600.00 3 Cold Mill SF 7,500 $ $ 4.00 30 000.00 4 Portland Cement Concrete (PCC) CY 130 $ $ 250.00 32,500.00 5 PCC Sidewalk (4 ") SF 600 $ 8.25 4,950.00 6 Root Shave* EA 2 $ $ 1,000,00 2,000,00 7 Remove and Replace Chain link Fence" LF 660 $ $ 22.00 8 Remove and Replace Chain Link Gate* EA 4 $ $ 11000.00 4,000.00 9 Furnish & Install Fence Post" EA 2 $ $ 200.00 10 Furnish & install Fence Pipe* EA 14 $ $ 2 800,00__ 11 Repair Chain Link Fence or Gate* r 5 $ $ 750.00 3,75U0 12 Tennis Court Markings (Three Courts) LS 1 $ $ 30 000.00 30 000.00 13 Tennis Court Appurtenances (Three Courts) LS l $ $ 14 All Purpose Court Markings LS 1 $ $ _15,500.00 15,500.00 P -1 of P -17 23A -7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING Item Description Qty —� Unit Unit Price Amount 1.5 Furnish & Install Pressure'1'reated Perimeter Fence EA 10 $ $ Boards 18.00 5,400.00 165.00 1,6S0.00 I6 Furnish & Install Redwood Header * LF 300 $ S 85.00 25,500.00 17 Curb Ramps SF 1,500 $ $ $ $ 6.00 9,000.00 TOTAL BASE BID $ 225,570.00 Add Alternative Bid "I" & "II" 18 PCC Mow Strip (411) — ADD ALT I LF 300 $ $ 18.00 5,400.00 19 Slurry Seal Riverview (Two Lots) - ADD ALT II SF 31,600 $ $ 0.65 20,S 0,00 20 Signing and Striping (Two Lots) - ADD ALT II LS 1 $ $ 6,50C.00 6,500.00 21 Temporary Construction Signs* - ADD ALT II EA 2 S $ 1,000.00 2,000.00 22 Recycled Plastic Wheel Stop" - ADD ALT II EA 4 S $ 750,00 3,000.00 TOTAL ADD ALTERNATIVE BID "I" 5400.00 _ TOTAL ADD ALTERNATIVE BID "II" $ 32,040,00 $ TOTAL BASE BID + ADD ALTERNATIVE BID "I" 23 D,970,00 $ TOTAL BASE BID + ADD ALTERNATIVE "II" 257,610.00 $ TOTAL BASE BID + ADD ALTERNATIVES "I" & "II" 263,010.00 The lowest responsible bidder shall be selected based on the Total Base Bid. The City reserves the right to award the Base Bid, and any, all, or none of the add- alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease this quantity, or to not include this item. f This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. P -2 of P -17 23A -8 MAYOR Miguel A. Pulido MAYOR PRO TEM Vlcena Sermlento COUNCILMEMBERS Angelica Amezcua P. David Benavldes Michele Martinez Raman Rayne Sal Tlnalero June 6, 2016 CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1088 M-38 Santa Ana, California 92702 (714) 847.5013 mvw.sania- ana.orc ADDENDUM No, THREE CITY MANAGER DavW Cavazos CITYATfORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Hulzar SUBJECT: PROJECT NO. 162668: Riverview, Cabrillo & Windsor Court Resurfacing The following change and clarification has been made to the Contract Documents and Specifications for the subject project: • General Note 1 on Plan Sheet 3 of 5 is revised to say: "All work on this sheet relates to the ADD ALTERNATES with the exception of Curb ramps." Please note that the following Clarification is offered. • The relocation of basketball poles is included in the "All Purpose Court Markings" Bid Item per the Special Provisions. Ali other terms and conditions remain the same. CITY OF SANTA ANA Edwia GaIVOR City Engineer (� SANTA ANA CITY COUNCIL. Nhpel A. P01do Vmno Semmerllo NlioYiala Nletl,l102 Anyale. Amuao P DaIld @nn ld.l fiww, aeyna $al Tlnalnro Mayer &Lp,PmTam Wed Ward2 WflN3 Wald) WordE Waald No IU i1 1 @L9 •earl 'a'1ii4ldEl!Id. :SUA IAIP.ft..WoC 111 m4 g [ the avdee2aa5rlle u' l,uu L.Yaa1?9."i9IL�+.;x3A 0 sa la -d i..luru 23A -9 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sanniento COUNCILMEMSERS Angelica Amezoua P. David Senavides Michele Martinez Roman Rayne Sal Tinalero May 31, 2016 ADDENDUM No. TWO CITY OF SANTA ANA 20 Civic Center Plaza s P.O. Sox 1988 M -36 Santa Ana, California 92702 (714) 6475013 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R, Carvalho CLERK OF THE COUNCIL Maria D. Huizar SUBJECT: PROJECT NO. 16.2668: Riverview, Cabrillo & Windsor Court Resurfacing The following change and clarification has been made to the Contract Documents and Specifications for the subject project: • Due to some changes to the project scope of work, the Engineer's Estimate has been changed to $184,000. Please note that the project plans and specifications CDs are available. • The bid opening date remains the same as indicated in A • This project is on an expedited schedule. All other terms and conditions remain the same. CITY OF SANTA ANA ,FOe—Willi "Ed G Ive9 z� C! Engineer SANTA ANA CITY COUNCIL 551 Miguel A. %hdo Vicente Sarmlemo yrrWa Madlaaz Nx3a1ica Amemua P. [avid Denavioee Raman Sap. Sal Tinajaro Nlayor Mayor Pro Tem. Ward l Ward 2 Word '3 Ward WaM9 Ward -e,@, Oro vsarmelo @Lanla,e,k.ori n @s ft�n erg �aniaanuA lama -a ra.orn g�.e_g�IC� @pdLl+r':ASil or noun °o I � aiuxy S.na Slofnl5,a in�an000 23A -10 MAYOR Miguel A, Pulldo MAYOR PRO TEM Vicente Sarmlento COUNCILMEMBERS Angellca Amezcua P, David Benavldes Michele Martinez Roman Reyna Sal TIr iero May 19, 2016 ADDENDUM No. ONE CITY OF SANTA ANA 20 Civic Center Plaza , P.O. Box 1088 M -36 Santa Ana, California 02702 (714) 647 -5013 www.santa- ana.om CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D, Hulzar SUBJECT: PROJECT NO. 16 -2668: Riverview, Cabrillo & Windsor Court Resurfacing The following change has been made to the Contract Documents and Specifications for the subject project: 1. Replace Pages v Notice Inviting Bids, The Bid date has been moved to June 7, 2016. 2. Please note the following City's new security policy and sign -in procedures: The Agency publicly opens and reads bids at the time and place noted on the Notice Inviting Bids. Prior to Bid Opening, Contractors will be required to comply with the City's new security policy and sign -in with the receptionist on the first floor (policy attached). Contractors will sign -in under Bid opening for Project 16.2668 to receive elevator access to the 3rd floor lobby. Contractors should allow themselves additional time to register in order to avoid missing the time- stamp deadline as stated on the Notice Inviting Bids, / All other terms and conditions remain the same. CIT�'. 5SANTA �NA ~l Edwin "William" Galv City Engineer SANTA ANA CITY COUNCIL Miguel A, Pulido Vicente sarmiento Michele Medina, Anpelica Amozcua P. David aondadea Mayor Mayor Pno Tern. %VaaI Ward Ward Ward noulll�. lL?nd.,4!p t(�' 1 mmarline3y�isalla -a aorg a Ornleanla ano om dhenerdea(tilsanloaneoro 23A -11 Fi Reyne Sal Tartar' o Wards Ward rrevnadls ntaanoorn gl nateyosanla -ena ora CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING BID BOND KNOW ALL PRESENT that, Pacific Tennis Courts Inc. -__ ___,,.,_,_,_- as BIDDER, and International Fidelity Insurance Company _ > as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of_ Ten Percent of Bid Amount Dollars ($ 10'X� ), which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above-stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seat this 3rd day of dune , 20 16 -. BIDDER* Inc. SURETY* Subscribed and sworn to before me this day of Signature: Notary Public in and for the County of , State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. Bidder: Pacific Tennis Courts, Inc. 530 E. Ws Angeles Avenue, #115 -316 Moorpark, CA 93021 - 818- 991.7445 Surety: International Fidelity Insurance Company 2400 E. Katella Ave., Ste. 250 Anaheim, CA 92806 714- 602 -9170 P -8 of P -17 23A -12 Agent: The Bond Exchange and Insurance Agency 24800 Chnsanta Drive, Suite 160 Mission Viejo, CA 92691 949461 -7000 CALIFORNIA ALL- PURPOSE. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document tc which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On June 6, 2016 before me, Christine T, Hoang Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Terah Johnston Names) of Sprer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the NE T NDANG person(s), pr the entity upon behalf of which the persons) fl 2008757 � 7q7CH acted, executed the instrument ELICCALIFORNIA E CCUPdTY cerClfy under PENALTY OF PERJURY under the laws of XF,,FEB25,2D17 the State of California that the foregoing paragraph is true and correct. Witness my In nd an i eal Signature _ _ Place Notary Seal Above Si®natu of NCt ry Public C nsttne oang OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: June 3 2016 Number of Pages: 1 I Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) I Signer's Name: Terah Johnston Signer's Name: ` ❑ Individual ❑ Individual ❑ Corporate Officer— Title(s): ❑ Corporate Officer — Title(s): _ ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General R1 Attorney in Fact ❑ Attorney in Fact ❑ Trustee • ❑. Trustee • ❑ Guardian or Conservator Top of thump here ❑ Guardian or Conservator Top of thuhib here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: International Fideli ty_ _ Insurance Comm 23A -13 their true and lawful attomsy(s)-In -fact to execute, seat and deliver for and on its behalf as sera , any and all bang 'and other wrttfngs obligatory in the nature thereof, which are or may be allowed, retlulred or,permC up by law, staff and the execution of-such instrumant(s) In pursuance, of these presents, shall tie as binding' upon, the said `COMPANY. and ALLEGHENY CASUALTY COMPANY, as fully and amply, tot all Intents and purposes, as i acknowledged by their mgdJarly elected officers at their principal offices, This Power of Attorney is executed and mayY be revoked, pursuant to and byy��' authority of the Ryy Laws of COMPANYand ALLEGHENY CASUALTY Of and Is granted under, and by authon ,y of the fgllowvae rea u iu aPpy' of the Coi nature t e for accTI such -Offic bond; "und sc:.uaed :4 Corporatk IN WITNE attested-0 Orr this .:sworn, st COMPAN .:duty affixe ,I, the and{ compared Power of; of the sale INTERNATIONAL FIDELITY INSURANCE COMPANY his 22nd day of July, 2014. ... _. STATE OF NEW JERSEY County of Essex an ` Chief Exeeutl Insurance Cc Casualty Corn =GHENY CASUALTY COMPANY he IN fESUMUNY WHEKEUF at the City of Newark, New ,J IN TESTIMONY 'WHEREOF, I have hereunto set my hand th1s ittvv I any RY PUBLiC OF NEW JERSEY misslon Expires April 161 2010; iALTY COMPANY do hereby certify that I have -Laws of said Companies as set forth in said - "correct transcripts thereof, and of the whole Ifect. No. sass STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code gfthe State of California, International Pidethy Insurance Company of 'Newark, New Jersey, organized under the laws ofNewr jorsey, subject to its Articles oj'Incorporation or otherfamdomental organizational documents, 1s hereby authorized to h mescachwithin dixis State, subfcat to all provisions of this Certicahe, Noe fo %lowing classes of Insurance,' Surety as Such classes are now or may hereafter be defined in the Insurance Laws of the State ofCal(forn!a. THIS CERTIFICATE Is expressly conditioned upon the holder hereof new and hereafter being to full compliance rviih all and not in violation afany, ofthe applicable haws and lmayul requirementsnzade under authority e fthe laws of the State of California as long as such lanes or requirements are in effect and applicable, and as such lmvs and reguirerrtmats raow are, or may hereafter be changed ar amended. IN WITNESS WHEREOF, effective as of the 9th . day of February, 1996, 1 have hereunto set nay hand and caused my official seal to be affixed this 9th day of February, 1996. Fee $2833,00 Chuck Quackenbush lnsumnce Cum+v,lsstnner Rec. No. riled 8/15/95 By - Victoria S. Slabury 9epury Certification I, the uaadersigiaed Insurrawce Conmaissioncn of doe State ofCaltfornto, do hereby eertify that! have compared flue above copy of Certificate ofAztthtoriryw +itla Flee dzrplicale ofm ^igirraCnovv ms,frle in my office, clad that the same is a fudl, true, and correct transcript theregf, and of the whole of said duplicate, andsaid Cer glicole ofAuthorUy Is now ha feel! force and effect.. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused my official seal to be q /fixed this 7th day of,lanuary, 3009. Steve Potzner I... rm ce Conmd"r., r Pauline D'Andrea 23A -15 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within fifty (50) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in Ifeu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $600 er calendar day. Name of Firm Pacific T nis .o s Inc. Signature of BIDDER Title Vice President (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Caroline Carter - President /Treasurer Phil Carter -Vice President /Secretary P -3 of P-17 23A -16 CITY Or SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.1.5 of the California Business and Professions Code, the undersigned certifies under ;penalty of petjury that the foregoing is true and correct,. Name of Firm Signature of BIDDER Title Vice President _ (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) Caroline Carter - President /Treasurer Phil Carter -Vice President /Secretary P -4 of P -17 23A -17 CITY Or SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his /her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Business Address: ;4n Los Angeles Ave., Suite 11 5.420, Moorpark, CA 94021 Business E -Mail Address: hn it ccpacificreuniscou�rts rom Telephone: (818) 991 -7445 State Contractor's License No, and Class: 940738 (gam, C_8) -- License Expiration. Date: 01/31/2017 State Dept. of Industrial Relations (DIR) Registration No.: ,. 1000010871 State Dept, of Ind rial la 'a s (DIR) Registration Expira on 06/30/2016 Signed: s Title: P -5 of P -17 23A -18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING PREVAILING WAGE COMPLIANCE AND MONITORING STATENMNT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, The undersigned certifies that the foregoing is true and ire t. Name of Firm Pacific Tennis a s, Inc. Signature of BIDDER Title Vice President (if an individual, so state) P -6 of P -17 23A -19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) . Phil (.artpr _ , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she Is the party making the foregoing proposal: ❑ PARTNERSHIP 'T'hat he /she is a member of the co- partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -pare ership by: aho constitute the other members of the co- partnership, CORPORATION That he is of: Pacific Tennis Courts, Inc- a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he /she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the :1,contrac b uhf or any other person. igitgre ofBidder Subscribed a 01' to befo'e me this day of ( } ' 20 Signat officer Administering Oath (Notary Public) P -7 of P -17 23A -20 This certificate is attached to a document CITY OF SANTA ANA PROPOSAL, OWNERSHIP AFFIDAVIT dated ,TUNE 06, 2017 signed by PAIL CARTER. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE Subscribed and sworn to (or affirmed) before me on this 07 day of _ JUSE 2016 , by -- -- PHIL CARTER proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) °a Signature 23A -21 a- ---- -- MICHPttEPEUCH07 "Mal ..elon # 2035261 s Notary Public • California z • , Orange County My Comm. Expires JUL 30.201 j CITY OF SANTA ANA PROPOSAL PROTECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING LIST OF SUB - CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: '' /x% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: ' /2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License DIR Ref Location Phone Type Of Amount Name License #/Exp. DIR Reg. # /Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. # /Exp. License # _ Location _ Phone Type Of Work Signature of Bidder Phil Carter -Vice President Name License # /Exp. DIR Reg. # /Exp. Location Phone — Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp, License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. T DIR Reg. #/Exp. License # Location Phone Type Of Work _ Amount $ P -9 of P -17 23A -22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING REFERENCES The following are the names, addresses, and telephone numbers for TARE, public agencies for which the BIDDER has performed similar work within the past three years. 1 City of Fountain Vallev:10200 Slater Ave Fountain Valley CA 92708 Name and Address of Owner. Stacy Delong (717),593-444.9 Name and Telephone Number of person familiar with project, $138,001,00 New BesketballCourts,walkways sidewalks &curb ramps 10�2$�2015 W Contract Amount Type of Work Date Completed 2, Grossmont Union High School District: P.O. Box 1043, La Mesa, CA 91944 Name and Address of owner. John Foster(619)572.6417 Name and Telephone Number of person familiar with project. $222,222.00 -- Repair& Resurface Twelve(12)Tennis Courts& Four(4)Basketball Covets 01/25/2016 Contract Amount Type of Work Date Completed. 3. _City of Palm Desert _ Name and Address of owner. Diane Hnllinger (760.) 776 -6440 Name and Telephone Number of person familiar with project. $63.333133 Repair & Resurface Six (¢1 ackethallCourts 05/12/2016 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. International Fidelity Insurance Company: 2400 E. Katella Ave„ Suite 250, Anaheim, CA 92806 Office (714) 602 -9170 Ext. 31 Fax (714) 602 -6249 The Bond Exchange and Insurance Agency: 24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691 Attn: Christine Hoane: Phone (949)461.7003 Fax (9491461.7729 Toil Free (800) 764.7233 P -10 of P -17 23A -23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING NON COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that a] I statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signaturi portion thereof shall also constitute signature of this Non - collusion Affidvi., }lIDIDRS are cautioned that making a false certification may subject the certi pe t�l AID prosecution. Signed State of Califor "nia County of OV—RU H5 Subscribed and sworn to (or affirmed) before me on this ip' 1 (_ day of ^, e j(-' , 201(? by proved to me on the basis of satisfactory evidence to be the person(s) who apAeared-befergme ee is Signature Notary Public Seal P -12 of P -17 23A -24 This certificate is attached to a document CITY OF SANTA ANA PROPOSAL, NON - COLLUSION AFFIDAVIT dated JUNE 06, 2017 signed by PHIL CARTER. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE Subscribed and sworn to (or affirmed) before me on this 07 day of JLNE 2016 , by - PHIL CARTER proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) Signature Y YY_- -L� y 23A -25 MICHELLE PFUCHCT Commission # 2036261 Notary Public - California z Orange OMy Comm. E) Jul 30, 261 .7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 1.6 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING NON- DISCRINIINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2, The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments Linder this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -13 of P -17 23A -26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the achninistering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8, Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section m.subject to all the penalties imposed for a violation of the Chant_..__ _ Signed: P6ilCarter Title: Vice President Firm: _Pacific Tennis Courts, Inc. Date: 06/06/16 P -14 of P-17 23A -27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Cade regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contracto e� pt contractors not signatory to the trust agreement shall pay a like i moantEo t ifornia Apprenticeship Council. Signed: Phil Carter Title: Vice President Firm: Pacific Tennis Courts, Inc Date: 06/06/16 P -15 of P -17 23A -28 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING STATEMENT REGARDING "ANTI - KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with t)se Copeland "Anti- I {ickback" Act (18 USC 74) as supplemented in the Department of Labe. ulations (29 CFR, Part 3), This act provides that each contractor or subcontractor sh I e prohibited from inducing, by any means, any person employed in the construction o , pair of public work, to give up any part of the compensation to which he/she is cherwise� toed. Signed: Title: Firm: Pacific Tennis Courts, Inc, Date: 06/06/16 P-16 of P -17 23A -29 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16 -2668 RIVERVIEW, CABRILLO & WINDSOR COURT RESURFACING PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safely regulation? Yes No If the answer is yes, explain the circumstances in the following space, P -17 of P -17 23A -30 PACIFIC rENNIS COURM INC. 4631610 TRAIL CIRCLE, MOORPARK, CA 93021818,991-7445 PM 805 - 517 -1181 FAX SURFACING_ REFERENCES City of West Hollywood 8300 Santa Monica Blvd. Santa Monica, Ca 90069 Contact: Kevin Trudeau- Cell (323) 333 -6698 Ph (323) 848 -6339 Project Name: Plummer Park Project Location: Plummer Park -7377 Santa Monica Blvd., Project Location: West Hollywood, CA 90046 Scope of Work: Resurfaced Four (4) Tennis Courts Project Value: $ 25,000.00 Completion: 0512015 2. Rancho Simi Recreation & Park District 1692 Sycamore Drive Simi Valley, CA 93065 - Contact: Douglas Duran (805) 584 -4480 Project Name: Rancho Tapo Community Park Project Location: Simi Valley, CA Scope of Work: Eight (8) New Tennis Courts and Site Work Project Value: $999,999.00 Completion: 05/2012 3. City of Tustin 300 Centennial Way Tustin, CA 92780 Contact: Ron Walde (951) 326 -0313 Project Name: Heritage Park and Camino Real Park Project Location: Tustin, CA Scope of Work: Resurfaced Four (4) Basketball Courts Project Value: $23,000.00 Completion: 02/2015 4. County of Los Angeles Department of Parks and Recreation 433 South Vermont Ave Los Angeles, CA 90020 Contact: John Tietjen (661) 574 -5942 Project Name: Jackie Robinson and George Lane Park Project Location: Lancaster, CA Scope of Work: Two (2) New Basketball Courts Project Value: $145,475.00 Completion; 02/2014 CONTRACTORS LICENSL=�l1�t�:- a1ORNIA: 980738 (A, B, C -8) PACIFIC TENNIS COURTS, INC. 4631 BIG TRAIL CIRCLE, MOORPARK, CA 93021818. 991.7445 PH 805 - 517 -1181 FAX S. Simi Valley Unified School District 875 E. Cochran St, 633 E. Broadway, Room 205 Simi Valley, Ca 93065 Contact: Pedro Avila (805) 306 -4500 Project Name: Sinaloa Pickleball Courts Project Location: Sinaloa Middle School -601 Royal Avenue Glendale, CA Simi Valley, CA 93065 Scope of Work: Resurfaced Twelve (12) Pickleball Courts Project Value: $ 32,000.00 Completion: 04/2015 6. Braemar Country C 4001 Reseda Blvd Tarzana, CA 91356 Contact: Project Name: Project Location: Scope of Work: Project Value: Completion: lub Sue Pendo (818) 345 -6520 Braemar Country Club Tarzana, CA 91356 Resurfaced Two (2) Tennis Courts $18,000.00 03/2015 7. City of Glendale 633 E. Broadway, Room 205 Glendale, CA 91206 Contact: Shahan Begoumian (818) 937 -8231 Project Name: Fremont Park Project Location: Glendale, CA Scope of Work: Resurfaced Eight (8) Tennis Courts Project Value: $38,000.00 Completion: 03/2015 8. City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA 90210 Contact: Charlie Ackerman (310) 285 -1132 Project Name: Roxbury Park Tennis Center Project Location: Beverly Hills, CA Scope of Work: Resurfaced Eight (8) Tennis Courts Project Value: $45,260.00 Completion: 0212015 CONTRACTORS LICENS2Ny49FR ,.32ORNIA: 980738 (A, 6, C -8) PACIFIC TENNIS COURTS INC. 4631 BIG TRAIL CIRCLE, MOORPARK, CA 93021818- 991 -7445 PH 805.517.1181 FAX 9, San Marino Unified School District 1665 West Drive San Marino, CA 91108 Contact: Gerald Schober (805) 390 -2962 Project Name: Tennis Courts Project Location: Huntington Middle School Scope of Work: Six (6) New Tennis Courts Project Value: $480,000.00 Completion: 4/2014 10. San Fernando Valley Roller Derby Sylmar, CA 91342 Contact: Staci Sniderman (818) 335 -5877 Project Name: San Fernando Roller Derby Project Location: 12900 Bradley Ave. Sylmar, CA 91342 Scope of Work: Resurface Roller Derby Track Project Value: $3,500.00 Completion: 6/1/2015 11, Conejo Valley Unified School District 1400 E. Janss Road Thousand Oaks, CA 91362 Contact: David Farteh- Director of Planning and Construction Department Project Name: Thousand Oaks High School Project Location: Thousand Oaks, CA Scope of Work: Resurface Six (6) Tennis Courts Project Value: $46,000.00 Completion: 7/2014 12, City of Fountain Valley 10200 Slater Ave. Fountain Valley, CA 92708 Contact: Stacy Delong (Assistant Engineer) Phone (714) 593 -4443 Fax (714) 593 -4554 Email: stacy.delong @fountainvalley.org Project Name: La Capilla Park Basketball Courts Improvements Project Location: La Capilla Park Scope of Work: New Basketball Courts, Including Walkways, Sidewalks, Curb Ramps. Project Value: $ 138,001.00 Completion: 10/08/2015 CONTRACTORS LICENSE A.C3I3RNIA: 980738 (A, B, C -6) PACIFIC TENNIS COURTS, INC. 4631 BIG TRAIL CIRCLE, MOORPARK, CA 93021818- 991 -7445 PH 808. 617 -1181 FAX 12. City of Coronado 1825 Strand Way Coronado, CA 92118 Contact: Katie Odiorne (Project Engineer) Phone (619) 522 -2424 Email: kodiorne @coronado.ca.us Project Name: Tennis Court Repair Project Project Location: Various Locations, Coronado, CA Scope of Work: Sixteen (16) Tennis Courts Project Value: $170,913.00 Completion: 09/10/2015 13. Palm Springs Unified School District 980 E. Tahquitz Canyon Way Palm Springs, CA 92262 Contact: Michael Hoch (Sr. Project Manager) Phone (760) 238 -6090 Office (949) 212 -3523 Email: michaelh @anotherperspectiveinc.com Project Name: 2015 Tennis Court Resurfacing Project Project Location: Cathedral High School, Palm Springs High School, & Desert Hot Springs High School Scope of Work: Thirteen (13) Tennis Court Project Value: $ 91,901.00 Completion: 07/30/2015 14. City of Mission Viejo 27204 La Paz Road Mission Viejo, CA 92692 Contact: Jerry Hill Phone (949) 470 -3085 Fax (949) 455 -2589 Email: jhill @cityofmissionviejo.org Project Name: Bocce Ball Courts at Oso Viejo Community Park Project Location: Oso Viejo Community Park Scope of Work: Bocce Ball Courts, including Irrigation System, Landscape, and other site work Value: $ 174,388.00 Completion: 1125/2016 CONTRACTORS LICENSEyd(v16ER�14ORNIA: 980738 (A, B, C -8) PACIFIC TENNIS COURTS INC, 463151G TRAIL CIRCLE, MOORPARK, CA 93021818-991-7445 PH 895- 517 -1181 FAX 15. Grossmont Union High School District Post Office Box 1043 La Mesa, CA 91944 Contact: John Foster Phone (619) 572 -6417 Fax (619) 321 -4953 Email: Jmfosteresundt.com Project Name: Granite Hills Tennis /Basketball Court Repair, CN -352 Project Location: Granite Hills High School, La Mesa, CA Scope of Work: Repair and Resurface Twelve (12) Tennis Courts and Four (4) Basketball Courts Value: $ 222,222.00 Completion: 1/2512016 % Bel Air Bay Club 16801 Pacific Coast Highway Pacific Palisades, CA 90272 Contact: John Meyers Phone (310) 230 -4773 Cell (310) 651 -6616 Email: jmeyers @belairbayclub.com Project Name: Paddle Tennis Courts Repair Project Location: Bel Air Bay Club Scope of Work: Repair and Resurface Seven (7) Paddle Tennis Courts Value: $ 29,500.00 Completion: 11/2015 CONTRACTORS LICENSE2&A.^ 61RNIA: 980738 (A, B, C -8) PACIFIC TENNIS COURTS, INC. Resolution Pertaining to Corporate Authority The Undersigned is the Vice President and Secretary of PACIFIC TENNIS COURTS, INC. The undersigned certifies that the Board of Directors adopted the following resolutions at its meeting on January 7, 2013. WHEREAS, the Corporation negotiates, submits bids, and enters into contracts for construction projects; and NOW, THEREFORE, BE IT RESOLVED, that this Company is authorized to submit bids and proposals, and enter into contracts for construction projects; and RESOLVED FURTHER, that the officers of this Company, and in particular, PHILIP CARTER, as Vice President and Secretary of the Corporation, is hereby authorized and directed to prepare, and execute on behalf of the Company any necessary documentation, agreements, bids and proposals which may be necessary to complete this transaction. I hereby certify that the foregoing is a true and accurate representation of the resolutions adopted by the Board on Janus 7, 2013, ml-lft,ARTER 23A -36 23A -37 23A -38 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -2668 RIVERVIEW, CABRILLO AND WINDSOR PARK COURT RESURFACING PROJECT This CONSTRUCTION CONTRACT is made and entered into this 51" day of July, 2016, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and Pacific Tennis Courts Inc., hereinafter referred to as "CONTRACTOR ". The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Riverview, Cabrillo and Windsor Park Court Resurfacing. Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid. Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Constriction, CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the stun total amount not to exceed $263,010 — Two Hundred Sixty- Three Thousand Ten Dollars and no cents, as set forth and identified in the BID PROPOSAL, which is attached bereto and incorporated herein as Exhibit "A." Page I of 3 23A -39 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -2668 RIVERVIEW, CABRILLO AND WINDSOR PARK COURT RESURFACING PROJECT The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. H Page 2 of 3 23A -40 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO, 16 -2668 RIVERVIEW, CABRILLO AND WINDSOR PARK COURT RESURFACING PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY 7v--�` Joy Sandoval Chief Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: Page 3 of 23A -41 23A -42 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16 -2668: RIVERVIEW, CABRILLO AND WINDSOR PARK COURT RESURFACING Construction Contract $ 263,010.00 Contract Administration $ 11,720.00 Inspection and Testing $ 14,581.00 Contingencies $ 26,301.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 315,612.00 EXHIBIT 4 23A -43 23A -44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: AGREEMENT WITH COMMUNITY SENIORSERV INC. FOR THE FISCAL YEAR 2016 -2017 SENIOR MEALS PROGRAM (STRATEGIC PLAN NO. 5, 6E) CITY MANAGER RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 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 Community SeniorServ, Inc. for the 2016 -2017 Senior Meals Program in the amount of $75,290 for a one year term to end on June 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In April 2016, the Parks, Recreation and Community Services Agency (PRCSA) was allocated Community Development Block Grant (CDBG) funding to support the City's overall senior meals program. PRCSA, which manages and coordinates a variety of programs and activities for seniors, will utilize the allocation of CDBG funds to enter into an agreement with Community SeniorServ, Inc. to continue to provide funding for their two programs, which fall under the City's overall senior meals program, in Santa Ana for the fiscal year 2016 -2017. Community SeniorServ, Inc. provides two programs which they have labeled, Meals on Wheels and Senior Lunch. Additional details about each of their programs is provided below.The Meals on Wheels program prepares and delivers three meals daily directly to the homes of homebound, frail, and socially isolated seniors in the City. A registered dietician plans the meals to assure 100% of the U. S. Nutritional Recommended Daily Allowance - consisting of breakfast, a cold lunch, and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery staff as well as the calls and /or visits from case workers who regularly check on their well- being. The Senior Lunch Program will be offered at three sites in Santa Ana (Santa Ana Senior Center, Southwest Senior Center, and Vietnamese Community Center) to help alleviate poor nutrition among the elderly population, especially prevalent among those who live alone and /or on a limited income. This nutrition program seeks to enhance the physical and mental well -being of the elderly population by: 25A -1 Agreement with Community SeniorServ, Inc. July 5, 2016 Page 2 Encouraging a sense of dignity; Providing stimulating activities and volunteer opportunities; and Augmenting participants' financial resources by providing donation -based meals. The Senior Lunch Program meals are also planned and certified by a dietician to meet one third of each person's daily nutritional needs based on Food and Drug Administration (FDA) guidelines. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents), Strategy E (Expand Senior Center programming to provide greater enrichment and explore activities in art, culture and health). FISCAL IMPACT Funds are available in the Community Development Block Grant account (no. 13518783 69135) for the following fiscal year: FY 2016 -2017 - $75,290. Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency A4 /-- :�-) Robert C. Cortez Special Assistant to the City Manager City Manager's Office EXHIBIT: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 25A -2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNITY SENIORSERV, INC. FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is hereby made and entered into this 1st day of July, 2016, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "CITY'), and Community SeniorServ, Inc., a California nonprofit corporation ( "SUBRECIPIENT "). RECITALS: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Entitlement Program, Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Number (FAIN) B- 16 -MC -06 -0508 , desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG REGS "). B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended ( "ACT "). C. The SUBRECIPIENT is a private nonprofit corporation that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program ". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: 1. SUBRECIPIENT'S OBLIGATIONS A. Nonprofit Status - Representations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. Rpklmn (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant/Term and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $75,290 ( "CDBG FUNDS "), for the term of July 1, 2016 through June 30, 2017. Such funds shall be expended by SUBRECIPIENT on or before June 30, 2017. The Term of this Agreement may be extended by a writing executed by the City Manager, or his or her designee, and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the tern, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention /reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. 2 B I� 1 D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2017, and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terns and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as the total budget amount does not increase. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F &A) costs. For this agreement, the de minimis indirect cost rate of 0% will apply. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility /property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and /or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal ides and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility /property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April I of the year following the program year in which this Agreement is executed. I. Record Keepina/Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and /or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification of all household members ages 18 and over. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for which CDBG FUNDS were expended, and any payments therefor. f Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports a. Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice /request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended daring the applicable quarter. b. Quarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year -to -date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United States Government and their representatives or auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to 4 Bg 1 said program. CITY and the United States Government and their representatives or auditors shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keep. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT' S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above - referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law /Program Income. SUBRECIPIENT acknowledges that the fiends being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension ". See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment ", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terns and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terns and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a 5 i1 1 disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and /or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and /or spent under fraudulent circumstances. Q. EguipmenC. SUBRECIPIENT agrees to maintain a record for each item of non - expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non- expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. S. Lobbvin¢. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D). SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontractors, sub - grants, and contracts under grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG- assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low -and moderate- income persons residing within the community where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women. W. Drug Free Work 1p ace. SUBRECIPIENT agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318 -326. Y. Subnart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. Z. Women- and Minority -Owned Businesses (W /MBE) SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms ". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one percent (51 %) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African - Americans, Spanish- speaking, Spanish surnamed or Spanish- y L. heritage Americans, Asian - Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. II. CITY'S OBLIGATIONS A. Payment of Funds. On July 1, 2016, the CITY was allocated $5,286,263 for fiscal year 2016- 201.7 from the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Entitlement Program. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal fimds are received a sum not to exceed SEVENTY FIVE THOUSAND TWO HUNDRED NINETY Dollars ($75,290) for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of invoices /reimbursement requests. CITY shall pay such invoices /reimbursement requests within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. Documentation may include, but is not limited to true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and /or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day -to -day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non - compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being yy ��8 01 fi ib notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. IJ11 �09AI MQ VFI1711► /YI[1]U A. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. C. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. E. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed filly incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terns only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "itmnediate family" means spouse, child, mother, father, brother, sister, brother -in -law, sister -in -law, father -in -law, mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew, stepparent and stepchild. The tern "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M -25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 -1988 10 y f tApi�l TO SUBRECIPIENT: Holly Hagler Community SeniorServ, Inc. 1200 N. Knollwood Circle Anaheim, CA 92801 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any land or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIMENT's performance of this Agreement. X. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self - insurance and CITY. Governmental entities may provide proof of self - insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self- insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. (b) SUBRECIPIENT shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement 11 94TS 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as self- certification of automobile insurance coverage. Governmental entities may provide proof of self - insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: I. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph I above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non -CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 12 i 60 4 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 2 CFR 200.313(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS." and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion tennination, their portion to b terminated, however, if in the case of a partial 13 lB115� termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the award was made, the CITY may terminate the award in its entirety. E. The grant of funds under this Agreement may be terminated due to the non - performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG fimds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of fimding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to conumt and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVL CLOSE -OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 14 Wy' -% 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A -129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR § §200.310- 200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVII. VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. WAIVER No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. XIX. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. {Signatures on following page} 15 MY IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 'last date and year written below. ATTEST: MARIA D. INIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALIIO City Attorney ,Z IV. �r B TOI�V FUNK Assistant City Attorney RECOMMENDED gFOR APPR VAL: J*tu+ v 1 GERARDO MOUET Executive Director of Parks, Recreation, and Community Services Agency 16 MM-6 CITY OF SANTA ANA DAVID CAVA70S City Manager SUBRECIPIENT: Name: Title; Tax ID, DUNS #: City of Santa Ana CDBG Scope of Work Program Year 2016 -17 (July 1, 2016 - June 30, 2017) Name of Organization Community SerniorSery Name of Funded Prograr Home Delivered and Congregate Meals Program Annual Accomplishment Goal contract period. 8751 Low Income Participants 100% Program and Funding Description Funds will be utilized to help fund the raw food costs of meals and wheels and congregate lunch meals to Santa Ana older adult participants. Home Delivered Meal Progam: Participants in the Home Delivered Meals program will receive nutritious meals delivered to their home and case management services. Meals will be delivered by paid and volunteer drivers. Eligibility and case management services will be provided by CSS Case Managers. Participants will also have access to other services at no charge including in -home services, respite services, home safety equipment, and other resources. Congregate lunch program: Participants in the Congregarte lunch program will be provided with a nutrional lunch at 3 sites in Santa Ana: Southwest Senior Center Santa Ana Senior Center Vietnamese Community Center Schedule of Performance Unduplicated Participants Quarter 1: JUL 1 - SEP 30 A875 Quarter 2: OCT 1 - DEC 31 Quarter 3: JAN 1 - MAR 31 Quarter 4: APR 1 - JUN 30 Estimated Invoicing $18,822.50 $18,822.50 $18,822.50 $18,822.50 $75,290.00 Santa Ana CDBG Program Budget Program Year 2016 -2017 Organization Name Community SerniorSery Program Name Home Delivered and Congregate Meals Program Expenditures Category Expenses Funded by Santa Ana CDBG Expenses Funded by Other Sources Federal Funds Total Program Budget $ 3,811,896 Total Organizational Bud et Administrative Staff Salaries & Benefits $ 349,673 Other CDBG Funds $ 738,620.00 $ 738,620.00 $ 1,492,951.00 Program Staff Salaries & Benefits $ 668,000 $ 1,805,364 $ 1,805,364 $ 3,503,094 Contractual/Professional Services $ $ 236,838 $ 236,838 $ 944,010 OTHER: $ $ 36,851 $ 36,851 $ 1,809,588 Rent, Utilities,Supplies, Comm $ 904,403 $ 904,403 $ 1,613,112 Training, Conference, Dues $ 42,062 $ 42,062 $ 97,169 Insurance $ 71,659 $ 71,659 $ 142,355 Raw Food $ 75,290 $ 1,472,907 $ 1,548,197 $ 2,529,557 TOTAL DIRECT COSTS $ 75,290 $ 5,308,704 $ 5,383,994 $ 12,131,836 0% RATE $ - $ - Total $ 75,290 1 $ 5,308,704 $ 5,383,994 $ 12,131,836 Indirect cost rate: 0% LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 16 -17 (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana CDBG $ 75,290 Federal Funds $ 3,811,896 State Funds $ 349,673 Other CDBG Funds $ 253,578 Private Funds $ 225,557 Donations $ 668,000 Total Funds for the Program $ 5,383,994 Exhibit B Page 1 of 1 X-1 2b Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160 - 19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Holly Hagler, Chief Executive Officer Name and Title of Authorized Representative Signature Date G•; !0 INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and /or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction lmowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any finds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts tinder grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 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. Community SeniorServ., Inc. Home Delivered and Congragate Meals Program Grantee /Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT D Page 1 of 2 1B23' SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88 -352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq) and implementing regulation in 24 CFR Part 1, 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development finds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1 -5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 iv6A� �TW Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT E Page 1 of 3 B *Q-� ' (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised 'Place of Performance' form. Community SeniorSery Inc Organization Authorized Signature 9M EXHIBIT E Page 2 of 3 i6A1 RATb- 1 PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Community SeniorServ, Inc. Date: July 1, 2015 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): Santa Ana Senior Center - 424 W 3rd St., Santa Ana, Orange, CA 92701 Santa Ana South West Senior Center - 2201 W McFadden Ave Santa Ana CA 92704 Vietnamese Community Center - 1618 W 1st St., Santa Ana, CA 92703 EXHIBIT E Page 3 of 3 25A -28 • 1 6 CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: AGREEMENT AMENDMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE SENIOR MOBILITY PROGRAM (STRATEGIC PLAN NO. 5,413) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 13` 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 amendment to the agreement with Orange County Transportation Authority for the Senior Mobility Program to extend the expiration date from June 30, 2016 to June 30, 2021 and to modify the scope, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Orange County Transportation Authority (OCTA) developed the Senior Mobility Program for the purpose of improving transportation services for seniors in the region. Under this amendment, the Parks, Recreation and Community Services Agency will provide transportation services for Santa Ana residents 60 years of age and older. The program will assist participants with accessing programs, services and activities to enhance their quality of life. On May 3, 2016 the City Council approved the Senior Mobility Program- Agency Service Plan, which is now incorporated into the agreement amendment. As specified in the Service Plan, the following transportation categories will be included as eligible: senior centers, nutrition, personal care, shopping and social /recreational activities. The initial term of the agreement was for five years and was set to expire on June 30, 2016. The agreement is subject to extension for another five year period, through June 30, 2021, at the discretion of OCTA. The proposed amended agreement includes the new term expiration date of June 30, 2021 (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy B (Improve neighborhood quality by locating or providing access to complementary services and public 25B -1 Agreement Amendment with Orange County Transportation Authority For the Senior Mobility Program July 5, 2016 Page 2 facilities, including access to healthy food options (community gardens, farmers' markets, corner markets, etc.) in neighborhoods). FISCAL IMPACT The City will continue to review information received from Orange County Transportation Authority with regards to expected revenues and budget future years accordingly as part of the City's budgetary process. Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement Amendment APPROVED AS TO FUNDS AND ACCOUNT: 'iS� . "tee`, Francisco Gutierrez l Executive Director Finance and Management Services Agency 25B -2 1 2 3 4 6 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -2486 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR SENIOR MOBILITY PROGRAM THIS AMENDMENT NO.1 is made and entered into this day of , 2016 by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY "), and the City of Santa Ana (hereinafter referred to as "CITY "). WHEREAS, by Agreement No, C -1 -2486 dated June 9, 2011, AUTHORITY and CITY are entered into a contract to provide the Senior Mobility Program (Si concerning senior transportation services; and WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County Local Transportation Authority Ordinance No, 3; and WHEREAS, AUTHORITY and CITY agree to comply with the M2 Project U SMP Funding and Policy Guidelines ( "Guidelines "); and WHEREAS, AUTHORITY and CITY agree to extend the term of the Agreement through June 30, 2021; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that Amendment No 1 to Cooperative Agreement No. C -1 -2486 is hereby amended in the following particulars only 1. Amend ARTICLES 2 and 3: to delete in their entirety and replace with Attachment 1 to this Amendment. EXHIBIT 1 2 513e of 3 AMENDMENT NO. 1 TO AGREEMENT NO. C -1 -2486 1 2. Amend ARTICLE _4. TERM OF AGREEMENT, Page 5 of 9, line 23 to delete 2 "June 30, 2016" as the expiration date of the Agreement, and in lieu thereof insert "June 30, 2021." 3 3. Amend ARTICLE 8. AUDIT AND INSPECTION OF RECOR ®S: Page 6 of 9, line 25, to 4 delete "four (4) years" as the period for audit and inspection record, and in lieu thereof insert 5 "five (5) years ". 6 4, Amend ARTICLE 11. CONFLICT OF INTEREST: Page 7 of 9, line 23, to delete 7 "ARTICLE 11" and in lieu thereof insert "ARTICLE 12 ". 8 5. Amend ARTICLE 12. CODE OF CONDUCT Page 8 of 9, line 6, to delete "ARTICLE 12" 9 and in lieu thereof insert "ARTICLE 13 ". 10 Amen fCLE I 2- _F MAJEURE -Page 8 ofTO -line 1'I —to delete "ARTICLE 13' and 11 in lieu thereof insert "ARTICLE 14 ", 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 1 25 26 EXHIBIT 1 Page 2 of 3 25B -4 1 2 3 4 5 6 7 8 9 10 11 12 k i 13 14 15 16 17 18 19 20 21 22 23 v� 24 25 26 AMENDMENT NO. 1 TO AGREEMENT NO, C- 1.2486 The balance of said Agreement remains unchanged, Upon execution by both parties, this Amendment No. 1 to Cooperative Agreement No. C -1 -2486 shall be made effective on July 1, 2016. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C -1 -2486 to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By David Cavazos City Manager By Marie D. Huizar Clerk of the Council BY %, 4n L ion M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL -------------------- GERARDO MOUET, Executive Director, PRCSA By Darrell Johnson Chief Executive Officer APPROVED AS TO FORM: By r Ja s M. DOniCt eneral Counsel APPROVED: By Beth McCormick General Manager, Transit EXHIBIT 1 25t`e6af 3 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 2.1 22 23 24 25 26 Attachment 1 to AMENDMENT NO. 1 TO AGREEMENT NO. C- 1.2486 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY A. AUTHORITY agrees to provide funds per the following: 1. Services provided under the Senior Mobility Program are available to individuals 60 years of age and older. 2. Funds for the program are identified as one percent (1 %) of Renewed Measure M (M2) net sales tax revenue and will be allocated to all local jurisdictions based upon the participating entity's respective percentage of the senior population of the entire county, 3. Senior population will be determined by using the most current official decennial Census information provided by the U.S, Census Bureau, basis. 6. AUTHORITY agrees that Net Revenues allocated shall be expended within three years of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be granted beyond a total of five (5) years from the date of the initial funding allocation. C. In the event the time limits for use of Net Revenues are not satisfied, then any retained Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to any project within the same source program at the discretion of AUTHORITY. D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation, based on availability, at a cost equivalent to the refurbishment costs incurred by AUTHORITY. ARTICLE 3. RESPONSISILIMES OF CITY A, CITY agrees that all funds received from AUTHORITY as specified in Article 2.A. above will be used exclusively for providing accessible senior transportation services as specified in Exhibit A entitled "Senior Mobility Program Service Plan." EXHIBIT 1 + aril— I 0 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO, C -1 -2486 1 B. CITY will ensure the Service Plan is adopted by their governing board in accordance 2 with Section 7.0 of the SMP Funding and Policy Guidelines. 3 C. CITY must satisfy all M2 eligibility criteria as specified in Orange County Transportation 4 Authority Ordinance No. 3 Requirements for Eligible Jurisdictions in order to receive their formula 5 allocation for this program. 6 D. CITY agrees to comply with all provisions of the SMP Guidelines inoluded as Exhibit B. 7 E. CITY agrees that Net Revenues allocated shall be expended within three (3) years of 8 receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be 9 granted beyond a total of five (5) years from the date of the Initial funding allocation. 1 -0 -- F In- th-e- event- thrtima- limits- for - use -of -Net Revenues- are_notsatisfied,_any-retained -Net 11 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to 12 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to 13 any project within the same source program at the discretion of AUTHORITY. 14 G, CITY agrees to match a minimum of twenty percent (20 %) of the total annual program 15 expenditures, Local match may be made up of cash - subsidies, fare revenues, donations, or in -kind 16 contributions, such as salaries and benefits for the CITY employees who perform work on the 17 program. 18 H. CITY may contract with a third -party service provider to provide senior transportation 19 services provided that: 20 1. Contractor is selected using a competitive procurement process; and 21 2. Wheelchair accessible vehicles are available and used when requested. 22 I. CITY shall procure and maintain insurance coverage during the entire term of this 23 Agreement, Coverage shall be full coverage or subject to self - insurance provisions. CITY shall 24 provide the following insurance coverage: 25 ! 26 1 EXHIBIT 1 2 056L•7of 4 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Attachment 1 to AMENDMENT NO, 1 AGREEMENT NO. C -1 -2486 1. Commercial General Liability, to include Products /Completed Operations, Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of $1,000,000,00 per occurrence and $2,000,000,00 general aggregate, 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a combined single limit of $1,000,000,00 each accident; 3. Workers' Compensation with limits as required by the State of California including a waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; 4. Employers' Liability with minimum limits of $1,000,000,00; and J. Proof of such coverage, In the form of an insurance company issued policy commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents designated as additional insured on the general and automobile liability. Such Insurance shall be primary and non - contributive to any insurance or self- insurance maintained by AUTHORITY. K. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement Number C -1 -2486; and, the Senior Contract Administrator's Name, Sue Ding. L. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior Mobility Program, CITY shall submit monthly summary report by the end of the following month as specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this Agreement, which Is incorporated into and made part of this Agreement, M, CITY shall adopt an annual Expenditure Report to account for Net Revenues and funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements. The Expenditure Report shall be submitted by the end of six (6) months following the end of the jurisdiction's fiscal year and Include the following: EXHIBIT 1 Attachment 1 to AMENDMENT NO. 1 AGREEMENT NO. C- 1.2486 1 1. All Net Revenue fund balances and interest earned. 2 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and 3 program or project. 4 N, In the event CITY obtains a retired AUTHORITY vehicle for SMP services, CITY 5 agrees to transfer vehicle title and registration within fourteen (14) calendar days from taking 6 possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY confirming 7 transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) calendar days 8 from taking possession of the vehicle. 9 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 ! 25 / 26 ! EXHIBIT 1 2 56e9of 4 EXHIBIT A s' 111501mvine 1 •'f -' i.. EXHIBIT 1 25B -10 Senior Mobility Program TCTA Agency Service Plan Jurisdictions and agencies participating in the Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP) must complete the following Service Plan in order to receive SMP funding. The Service Plan must be developed in accordance with SMP Guidelines, included as Attachment 1, and submitted to OCTA for review. Upon review from OCTA, the Service Plan must be formally adopted by the agency's council or governing body and approved by the OCTA Board of Directors. Any modifications to SMP services will require submittal of a new Service Plan. Participant Information: Agency City of Santa Ana Program Contact Juan L. Lara Phone Number 714 -571 -4259 Service Description: 1. Program goals and objectives: Date April 7, 2016 Email ilara@santa-ana.org Provide transportation services to Santa Ana residents 60 years of age and older. Assist participants with accessing programs, services and activities that enhance a 2. Indicate how SMP service will be operated: (Please check all that apply) 7 Directly Operated ® Contract Service Provider F1Volunteers Subsidized Taxi Program ® Other (Please describe) EXHIBIT 1 25B -11 3. Eligible trips provided under the Senior Mobility Program are limited to the following categories. Please indicate the categories of service to be provided by your program: (check all that apply) ® Senior Center Nutrition Medical ® Personal Care ® Shopping ® Social /Recreational (please list locations) Orange County Museums, Parks, Beaches, Llbraries,Theaters and County Fairs. 4 —SMT- Guide1ines res ricts trips�ici of range Coun o me ical -trips within approximately 10 miles of the Orange County border. Do you intend to provide medical trips outside of Orange County? 0 Yes (F) No if yes, please list the trip purpose and destinations: (e.,g., medical trips to the VA Hospital In Long Beach) 5, Fare structure, Not Applicable 6. Number �ofvehicles; I3 7. Projected annual ridership: 2 ©O 8. Source (s) of 20 percent match funding: City General Fund .II 25B -12 Program Requirements: 1. jurisdiction/Agency shall follow competitive procurement practices in selection of vendors for all services which it does not provide using its own work force. Any Request for Proposals (RFP) for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA) accessibility standards, 2. jurisdiction /Agency will perform, or ensure that a contracted vendor performs, maintenance of all vehicles used in the Senior Mobility program, including, at a minimum: a) Daily Pre-Trip Inspections that meet or exceed the guidelines provided in the attached Pre -Trip Inspection Checklist (Attachment 2) b) Scheduled preventative maintenance that meets or exceeds the guidelines provided in the attached, .PM Checklist, including the maintenance of all accessibility features of the vehicles. c) Maintain maintenance records for each vehicle for five (5) years and, if required, cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol. 3. jurlsd,iction /Agency will ensure that its operators, or its contracted vendor's operators, are properly licensed and trained to proficiency to perform duties safely, and to a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be 4, jurisdiction /Agency will establish and implement an alcohol and drug program that complies with 41 U.S.C, sections 701, -707, (the Drug free Workplace Act of 1988), and will produce any documentation necessary to establish its compliance with sections 701.707, 5. jurisdiction /1�gericywill submit a monthly report to OCTA's Community Transportation Services Department as illustrated in Attachment 3. &, jurisdiction /Agency will participate in QCTA marketing and outreach efforts to encourage use of fixed route transit service by older adults. 7, jurisdiction /Agen.cy will note QCTA sponsorship In anypromotional material for service funded under this agreernen t and will display an DCTA Senior Mobility Program logo on vehicles used in this program (cxcludirrg WKl9). 8. lurisdictic n /Agency will ensure that It maintains adequate oversight and control over all aspects of services that are provided by a contracted vendor, IN WITNESS WHEREOF, has formally adopted the Senior Mobility Program Scope of Work as written above. AGENCY REPRESENTATIVE d tt 1. Name: Gerardo Mouet Title: Gerardo Mouet QCTA REPRESENTATIVE Name: .Beth McCormick Title: General Manager, Transit IA3i I C MI 25B -13 Senior Mobility Program Project U Funding and Policy Guidelines March 2016 1.0 Overview The Measure M2 (M2) Project U- Senior Mobility Program (SMP) provides funding to support local, community -based transportation service for seniors. Originally established in 2001 using limited state funding for bus operations, M2 Project U SMP funding was established to continue and expand the existing program. A formula funding allocation was established for all Orange County local jurisdictions based upon their senior population. One percent of M2 net revenue is used to fund the program and local jurisdictions must provide a minimum 20 percent local match of the total annual program expenditures. The Orange County Transportation Authority (OCTA) Board of Directors approved these guidelines on March 28, 2016. The purpose is to provide structure and definitions_ fQr_ -all _ eligibe -M2- jurisdictions_reeeiving SMP funding— O-GTTA -shall enforce the provisions spelled out in these guidelines, 2.0 Objectives • To provide for local, community -based senior transportation services. • To allow local jurisdictions to develop and implement senior transportation services to serve their community. • To provide transit options for seniors which complement rather than duplicate OCTA fixed route and ACCESS paratransit service. 3.0 Eligibility Requirements Participation in the SMP is contingent upon maintaining M2 eligibility. Local jurisdictions must be eligible to receive M2 funding, established on an annual basis as specified in the M2 Ordinance Requirements for Eligible Jurisdictions, to receive the formula allocation for this program.' Adherence to strict funding guidelines is required. Local jurisdictions are required to submit a Service Plan as described in Section 7.0 and must enter into a cooperative funding agreement with OCTA that defines the conditions of use of SMP funds prior to receiving their SMP funding allocation. I Orange County Transportation Authority Ordinance No. 3, Attachment B, Section III 5: \TEMP \Sue D \Agencies \5MP - Att3chment B.docx EXHIBIT 1 11 p a g e 25B -14 4.0 Funding Allocation Method & Distribution Funding for the program is identified as one percent of M2 net sales tax revenue and will be allocated to eligible local jurisdictions based upon the participating jurisdiction's percentage of the senior population of the county, Senior population is determined by using the most current official decennial Census information provided by the U.S. Census Bureau. Funding allocations are based on actual sales tax receipts. Funding will be distributed on a bi- monthly basis. SMP funds must be expended within three years of receipt. OCTA may grant a two -year extension beyond the three -year expenditure limitation; however, an extension may not exceed five years from the date of the initial funding allocation. Jurisdictions requesting an extension beyond the three -year limitation must submit a justification letter for review and approval by OCTA at least 90 days prior to the end of the third fiscal year. In the event the time limits for use of SMP funds are not sa is ve , ac�l ny retaon SMP funds that were allocated to an eligible jurisdiction, including interest, shall be returned to OCTA. 5.0 Match Requirements Participating jurisdictions must provide a minimum 20 percent local match of the total annual program expenditures. Match funding may be made up of cash subsidies, fare revenues, donations, or in -kind contributions such as salaries and benefits for the jurisdiction's employees who perform work on the program. Jurisdictions may also be required to submit supporting documentation to substantiate local match expenditures. Jurisdictions are not required to contribute the minimum match requirement on a monthly basis; however, the minimum 20 percent match requirement must be met by the end of each fiscal year, defined as June 30. Jurisdictions not satisfying the annual 20 percent match shall be subject to withholding of funds from future bi- monthly allocations equal to the difference between the amount of Measure M funds actually spent and the amount of Measure M funds actually matched. 5: \TEMP \Sue D \Abencies \SMP - Attachment B.docx EXHIBIT 1 2l Page 25B -15 r Example: Total Program Expenditures $100,000 Total M2 Funding Allocation $ 80,000 20% Required Match $ 20,000 Actual Reported Match $ 15,000 Withholding Calculation: Total M2 Funds Spent $ 80,000 M2 Funding Eligibility Based on Actual Reported Match 60,000 Withholding from Future Allocation(s) $ 20,000 Services provided under the SMP are available to individuals 60 years of age and older. Jurisdictions have discretion in the types of trips provided within Orange County, such as trips to /from senior centers, medical appointments, shopping, personal care, and social /recreational activities. Jurisdictions should use discretion when providing trips for social /recreational activities when developing their Service Plan to ensure prudent and appropriate use of taxpayer funds. SMP trips outside Orange County are restricted to medical trips only within approximately 10 miles of the Orange County border. Jurisdictions also have discretion in how the service is operated. Senior transportation services may be operated using employees, volunteers, or the jurisdiction may contract with a third -party service contractor. Contractors must be selected using a competitive procurement process and the jurisdiction must ensure the contractor is in compliance with program guidelines and provisions included in the cooperative funding agreement. Jurisdictions whose program offers subsidized taxi service for seniors must ensure trips provided with SMP funding are consistent with the trip types as specified in these guidelines. Wheelchair accessible vehicles must be available for SMP service. Jurisdictions will perform, or ensure that a contractor performs, maintenance of all vehicles used in the Senior Mobility Program. Jurisdictions will ensure that its operators, or its contracted operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Jurisdictions may receive retired OCTA ACCESS paratransit vehicle(s) to support their senior transportation program. Additional retired ACCESS vehicles may be 5: \TEMP \Sue 0 \Agencies \SMP - Attachment e.docx EXHIBIT 1 31 Page 25B -16 r�:7:rt�ri purchased, based on availability, for a cost equivalent to the refurbishment costs incurred by OCTA, 7.0 Service Plan Adoption Participating jurisdictions shall submit to OCTA a SMP Service Plan which defines program services (Exhibit A). The Service Plan must be submitted using a template provided by OCTA and must be adopted by the jurisdiction's governing body and approved by the OCTA Board of Directors. Any deviation from the adopted SMP Service Plan must be submitted to OCTA in advance for review and approval and will require an amendment to the cooperative funding agreement prior to implementing a change in program services, 8.0 Eligible Expenses Participating jurisdictions shall ensure M2 funds are used for eligible direct program- related expenses which may include contract service providers, staff time, vehicle maintenance, fuel, insurance, vehicle acquisition, program supplies and materials, marketing materials, and community outreach. Jurisdictions shall ensure all costs are program- related and are fair and reasonable. Administrative costs up to 10 percent are allowed and considered eligible program expenses. All program expenses are subject to audit. No M2 funding shall be used by a jurisdiction for other than transportation purposes authorized in the M2 Ordinance. 9.0 Program Revenue Participating jurisdictions must maintain adequate controls for collecting and reporting program revenue, including donations, fees, and cash fares. Program revenue must be used to support the transportation service and may be used as part of the jurisdiction's 20 percent local match requirement. 10.0 Reporting Participating jurisdictions are required to submit monthly reports using a reporting template provided by OCTA (Exhibit B). Required monthly reporting data may include, but is not limited to, the following: • Number of Trips by Category • Vehicle Service Hours • Vehicle Service Miles 5: \TEMP \5ue D \A9enc1e5\5MF - Attachment B.clocx EXHIBIT 1 _4..I P a g.e 25B -17 • Program Cost Detail by Expense Category and % of Total Operating Cost • Fares, Fees and Other Operating Revenue o Jurisdiction Total Contribution & Source • Jurisdiction Share as % of Total Operating Cost • Cumulative Jurisdiction Share to Date • OCTA Contribution • OCTA Contribution as % of Total Operating Cost o Cumulative Contribution Received from OCTA • Total Monthly Program Operating Cost • Cumulative Total Program Operating Cost Jurisdictions shall also be required to maintain supporting documentation to substantiate reporting data. Supporting documentation may include, but is not limited to, actual receipts, contractor invoices, trip sheets, payroll, timesheets, fuel logs, and maintenance records /receipts, Reports are due by the last day of the following month. A preliminary report may be submitted; however, submission of a final report is required within 15 days of the last day of the following month. Failure to meet the established reporting deadline for two months at any time during the fiscal year may result in future withholding of funding and /or other sanctions to be determined. 11.0 .Audits & inspection of Records M2 funding is subject to audit. Jurisdictions shall maintain program documentation and records for a period of no less than five years. Program documents and records, including but not limited to payroll, trip sheets, invoices, vehicle maintenance, fuel, and other program- related expenses, shall be available for review by OCTA SMP administrators, auditors, and authorized agents upon request. Jurisdictions must follow established accounting requirements and applicable laws regarding the use of public funds. Failure to submit to an audit in a timely manner may result in withholding or loss of future funding. Failure to comply with the approved Service Plan will require remediation which may include repayment, reduction in overall allocation, and /or other sanctions to be determined by the OCTA Board of Directors. Audits shall be conducted by the OCTA Internal Audit Department, or other authorized agent, as determined by OCTA. OCTA's failure to insist in any one or more instances of a jurisdiction's performance of the provisions set forth in these guidelines shall not be construed as a waiver or relinquishment of the jurisdiction's obligation to comply with these guidelines. Moreover, only the OCTA Board of Directors shall have the authority to alter and /or waive any requirements /obligations set forth in these guidelines. 5; \T[MP \Sue D\Agencles \SMP- Attachment B.docx EXHIBIT 1 5lPage 25B -18 MSenior Mobility Program EXHIBITC OCTA Monthly Reporting Form Service for the - Month of: July Program Name: Participating Agency: Agency Contact: Contact Number: Year of: 2016 - - One- WayTrips ,Service Hours :,Service Miles Trip Category Jul 2016 ':FYTD jut 2016 FYTD 'Jul 2016 FyTD' Senior Center - Medical - .. -- — — — ..._...-- --- --- Shcpping _ Personal Care Social/ Recreational 7otaf OCTA Contribution _ Agency Contribution Program Revenue Source(s} of Agency Contributions: Agency hereby certifies that this report is a true, complete and correct statement of program revenue, casts and operating data. Please send this report by email to CTSPROGRAMS @OCTA.NET or by fax to 714 -566 -5427. If there are any questions, please Contact JOANNE JACOBSEN by email atJJACOBSEN @OCTA.NET or JP GONZALEZ by email at JGONZALEZI @OCTA.NET. EXHIBIT 1 2513-19 ' 'Jul 2016 - Cost Category Eost ' - Asa % Cost ', As a 46" Service Contract $ - 0.0% $ - OA% Drivers / Operators / Dispatchers S 0.0% $ - 0.0% — ---- -- -_.. _ce /F. --..-- Vehicle Maintenance /Fuel /Insurance $ __ - - - - -- - - - -- — .0% 0.0% - $ - -- 0.0% Marketing Outreach OCTA Contribution _ Agency Contribution Program Revenue Source(s} of Agency Contributions: Agency hereby certifies that this report is a true, complete and correct statement of program revenue, casts and operating data. Please send this report by email to CTSPROGRAMS @OCTA.NET or by fax to 714 -566 -5427. If there are any questions, please Contact JOANNE JACOBSEN by email atJJACOBSEN @OCTA.NET or JP GONZALEZ by email at JGONZALEZI @OCTA.NET. EXHIBIT 1 2513-19 25B -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: AGREEMENT AMENDMENT WITH DELHI CENTER TO EXTEND THE GROUND LEASE {STRATEGIC PLAN NO. 5,413) �1 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the ground lease agreement with Delhi Center to extend the expiration date from September 6, 2020 to September 6, 2040, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 5, 2000, the City of Santa Ana entered into a 20 -year ground lease agreement with Delhi Center, a California non - profit corporation, to permit the construction of a community center and ancillary parking areas at Delhi Park located at 2314 South Halladay Street. Delhi Center provides community programs and day care facilities for the residents of Santa Ana. On December 1, 2008, an amendment was approved to allow Delhi Center to expand the original lease area to accommodate a new fenced playground, which allowed Delhi Center to implement a California Head Start educational facility within the existing community center. Under the terms of the existing agreement, Delhi Center may elect to extend the term of the lease for a period of 20 years and 10 years, respectively, commencing on the expiration of the original term and /or extended term. In order to extend the term Delhi Center must provide written notice to extend the term at least 30 days before expiration term, which has been provided to the City. Delhi Center has requested an early extension to the ground lease in order to obtain funding for the operation and deferred maintenance of the center. All terms and conditions of the original ground lease shall remain in full force and effect. 25C -1 Agreement Amendment with Delhi Center July 5, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy B (Improve neighborhood quality by locating or providing access to complementary services and public facilities, including access to healthy food options (community gardens, farmers' markets, corner markets, etc.) in neighborhoods). FISCAL IMPACT The City will continue to receive as rent an annual payment of $1.00 for each year during the original and extended term of the lease, as per the terms of the existing agreement. Funds will be deposited into Parks, Recreation and Community Services Agency - Miscellaneous Recoveries revenue account (no. 01113002 57010). Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement Amendment APPROVED AS TO FUNDS AND ACCOUNT: t Francisco Gutierrez Executive Director Finance and Management Services Agency 25C -2 SECOND AMENDMENT TO THE GROUND LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE DELHI CENTER THIS SECOND AMENDMENT TO THE GROUND LEASE AGREEMENT is entered into this 5`i' day of July, 2016 by and between the City of Santa Ana, a municipal corporation and charter city duly organized and existing under the Constitution and laws of the State of California ( "Landlord "), and the Delhi Center, a California nonprofit public benefit corporation ( "Tenant ") (collectively referred to as the "Parties "). RECMLS A. The parties entered into that certain Ground Lease Agreement # A -2000 -154 dated September 5, 2000 ( "Ground Lease "), by which the Landlord leased real property to the Tenant for construction of a Community Center. A copy of the Ground Lease is attached as Exhibit 1, B. On December 1, 2008, the Parties entered into First Amendment to Ground Lease # A- 2008 -334 to allow for the construction of an expansion to the Community Center. A copy of the First Amendment is attached as Exhibit 2. C. The term of the Ground Lease is for a period of twenty (20) years, from September 6, 2000 through September 5, 2020, and the Ground Lease remains in effect as amended. D. The Parties wish to further amend the Ground Lease in order to extend the term for a period of twenty (20) years, as permitted by Section 1.04 of the Ground Lease. Wherefore, in consideration of the covenants contained in the Ground Lease and First Amendment, and subject to all the terms and conditions of the Ground Lease and First Amendment, the Parties hereby agree as follows: I. The term of the Ground Lease shall be extended for the twenty (20) year period beginning September 6, 2020 and ending September 5, 2040, unless terminated earlier pursuant to the applicable provisions of the Ground Lease. 2. Except as modified by this Second Amendment, and the First Amendment, all terms and conditions of the Ground Lease shall remain in full force and effect. IN WI'T'NESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. -- signatures ors,inllolezng page -- Page 1. of 2 Imo' L ATTEST: CITY OF SANTA ANA, it municipal corporation and charter city duly organized and existing under the Constifut,ion and laws of the State of California ( "Landlord ") MARIA D. HIAZAR DAVID CAVAZ,OS Clerk of the Council City Manager APPROVED AS TO FORM: DELIil CENTER,, a California nonprofit public benefit corporation SONIA R. CAR VALHO City Attorney By' -- Johrrw�—unk JC IOS Assistant City Attorney C tleYf E ecutie , ffic r RECOMMENDED FOIL APPROVAL: GERARDO MOUET Executive Director of the Parks, Recreation and Community Services Agency Page 2 of 2 m ■n REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: AMEND COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR EDINGER AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT {STRATEGIC PLAN NO. 6, 1B} ri u =►G RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on tat 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 amend the cooperative agreement with the Orange County Transportation Authority to implement the Edinger Avenue Traffic Signal Synchronization Project extending the term by 36 months with a new expiration date of June 30, 2019, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On January 22, 2013, Council approved execution of a cooperative agreement with the Orange County Transportation Authority (OCTA) to implement the Edinger Avenue Traffic Signal Synchronization Project with OCTA as the lead agency. The project provides for interjurisdictional traffic signal synchronization and improvements along Edinger Avenue from Bolsa Chica Road to the SR -55 Freeway. Signal timing and improvements were accomplished in February 2016, which was later than OCTA's original schedule. As a result, the cooperative agreement expired on June 30, 2016, before project completion. The amendment will extend the cooperative agreement by 36 months to allow OCTA to implement the required two -year monitoring phase and to process the financial contributions of all participating agencies. The amended agreement will expire on June 30, 2019 (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). 25D -1 Amend Cooperative Agreement with OCTA July 5, 2016 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There are no changes to the City's financial obligation in this amendment; therefore, no fiscal impacts associated with this action. IYA Fr Rd Mousavipour Executive Director Public Works Agency FM/TH/VN Exhibits: 1. Amendment to Cooperative Agreement No. C -2 -2030 25D -2 Exhibit 1 i AMENDMENT NO. 1 TO 2 COOPERATIVE AGREEMENT NO. C- 2.2030 3 BETWEEN a ORANGE COUNTY TRANSPORTATION AUTHORITY s AND r THE CITIES OF SANTA ANA, FOUNTAIN VALLEY, HUNTINGTON BEACH, AND WESTMINSTER 7 FOR s IMPLEMENTATION OF 9 THE EDINGER AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT FUNDED AS PART 10 OF THE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM it (PROJECT P) 12 THIS AMENDMENT NO. 1 is made and entered into this day of 13 2016, by and between the Orange County Transportation Authority, ( "AUTHORITY "), and the Cities is of Santa Ana, Fountain Valley, Huntington Beach, and Westminster (hereinafter referred to as the is "PARTICIPATING AGENCIES "). 16 WITNESSETH: 17 WHEREAS, by Agreement No. C -2 -2030 dated March 1, 2013, AUTHORITY and ib PARTICIPATING AGENCIES entered into a cooperative agreement for the coordination of traffic 19 signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional 20 Traffic Signal Synchronization Program (Project P) to enhance countywide traffic flow and reduce 21 congestion; and 22 WHEREAS, AUTHORITY and PARTICIPATING AGENCIES agree to extend the term of the 23 agreement for an additional thirty -six (36) months, with no increase to the maximum obligation; 24 NOW, THEREFORE, it is mutually understood and agreed that Agreement No. C -2 -2030 is 25 hereby amended in the following particulars only: 26 / Page 1 of 5 LACamm \CLERI CAL\WORDPROCIAGREE�AMENMAM 122030.docx 25D -3 I 2 3 a s 6 7 8 9 10 11 12 13 IA is 16 17 18 19 20 21 22 23 24 2- 26 UP AMENDMENT N0. 1 TO COOPERATIVE AGREEMENT NO. C -2 -2030 Amend ARTICLE 9. ADDITIONAL PROVISIONS, page 8 of 15, Paragraph A, lines 19 and 20, to delete "June 30, 2016", as the expiration date of the Agreement and in lieu thereof, insert "June 30, 2019 ". The balance of Agreement No. C- 2.2030 remains unchanged. This Amendment shall be made effective upon execution by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C -2 -2030 to be executed on the date first above written. CITY OF SANTA ANA Miguel A. Pulldo Mayor ATTEST: By: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: B 4ity'AttorCn 4Ra o ey Dat e: Tm yr— 0 l6 ORANGE COUNTY TRANSPORTATION AUTHORITY By: Meena Katakia Manager, Capital Projects Page 2 of 5 L: \Camm \CLERI CAL.\ WOROPRCC WGREEW.MEND\AM122030.docx 25D -4 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -2 -2030 I IN WITNESS WHEREOF, the parties hereto have caused this Amendment No, 1 to Agreement 2 No. C -2 -2030 to be executed on the date first above written. 3 CITY OF FOUNTAIN VALLEY 4 By: s Steven R. Nagel 6 Mayor 7 ATTEST: 8 9 By: Rock Miller to City Clerk 11 APPROVED AS TO FORM: 12 By: 13 Alan Robert Burns 14 City Attorney i5 Date: 16 17 18 19 20 21 22 23 24 25 26 Page 3 of 5 UCam6CLERI CALMOROP RWAGREMAMENMAM 7 22030.docx 25D -5 1 2 3 4 s 6 7 s 9 10 It 12 13 14 15 16 17 is 19 2s 2t 22 23 24 2s I 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -2 -2030 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C -2 -2030 to be executed on the date first above written. CITY OF HUNTINGTON BEACH By: Matthew M. Harper Mayor ATTEST: By: _ Joan L. Flynn City Clerk APPROVED AS TO FORM: By: Michael Gates City Attorney Date: Page 4 of 5 L:\Camm\CLERICALkWOROPROOVAGREE\AMEND W M122030. docx 2501-6 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C- 2.2030 1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement 2 No. C-2 -2030 to be executed on the date first above written. i 3 CITY OF WESTMINSTER I! A By: i 5 Tri Ta 6 Mayor { 7 ATTEST: i 8 9 By Amanda Jensen 10 City Clerk 11 APPROVED AS TO FORM: 12 By: 13 David Frankel 14 City Attorney 15 Date: 1G 17 18 19 r 28 21 22 '.'.. 23 25 26 Page 5 of 5 L:1Camm \CLERICAL1WORr)PROCWGREE�MENDWM122030.docx 25D -7 25D -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: AGREEMENT WITH BOBBY NAVA ENTERTAINMENT FOR ENTERTAINMENT SERVICES FOR FIESTAS SANTA ANA (STRATEGIC PLAN NO. 5, 5C) m\ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: p :2 =1.. A ❑ As Recommended ® As Amended ® Ordinance on I" Reading [I Ordinance on 2nd Reading ® Implementing Resolution n Set Public Hearing For CONTINUED TO I:111;aPnn•,11 14 : Authorize the City Manager and Clerk of the Council to execute an agreement with Bobby Nava Advertising and Entertainment Agency for entertainment services for Fiestas Santa Ana in the amount of $36,000, for a beginning July 5, 2016 through September 30, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Fiestas Santa Ana event has been a positive event for the downtown businesses and surrounding neighborhoods. This event not only attracts thousands of Santa Ana residents, but also visitors from all over Orange County. The purpose of this event is to celebrate Fiestas Santa Ana through a safe family friendly event to include: live entertainment, food booths, informational booths, merchandise /service booths, cultural exhibits and carnival rides /games over a three -day weekend. The 38th Annual Fiestas Santa Ana will take place on September 10 — September 11, 2016. In recognizing the great value of the event, City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) recommended that the City host Fiestas Santa Ana and act as Event Manager. The Event Manager will be responsible for providing all the necessary equipment, stages, electricity, carnival rides, vendor booths, entertainment, and insurance for the event. City staff has been working to bring together all the elements necessary to operate a successful event. As part of managing the event and in an effort to retain A -list talent, city staff is requesting an agreement with Bobby Nava to retain event performers for the event. The City expects that the inclusion of A -list talent will draw additional people to the City of Santa Ana for the event. Staff reached out to Bobby Nava Entertainment and the firm was able to secure Banda Machos and Ana Barbara to perform at the 2016 Fiestas Santa Ana event. 25E -1 Agreement with Bobby Nava Entertainment Services for Fiestas Santa Ana July 5, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artists groups and merchants to hold events celebrating art in public plaza, parks and other City - controlled open Space). FISCAL IMPACT Funds in the amount of $36,000 are available in the FY 2016 -2017 Recreation Community Services, Contract Services- Professional account (no. 01113230 62300). Gerardo Mouet Executive Direct Parks, Recreatio and Community Services Agency EXHIBIT: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 25E -2 CONSULTANT AGREEMENT WITH BOBBY NAVA ADVERTISING AND ENTERTAINMENT AGENCY FOR FIESTAS 2016 THIS AGREEMENT is made and entered into this 27`x' day of June, 2016 by and between Bobby Nava Advertising and Entertainment Agency, a sole proprietorship ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing advertising and entertainment services for its annual Fiestas Santa Ana event. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide advertising and entertainment services for the Fiestas Santa Ana ( "Event ") to be held in downtown Santa Ana with performers on Saturday, September 10, 2016 and Sunday, September 11, 2016. The names of the performers (Ana Barbara and Banda Machos) and timeframes for their performances are set forth in the Consultant's schedule, attached hereto and incorporated herein as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed Thirty -Six Thousand Dollars ($36,000) during the term of this Agreement. This stun shall be payable on the schedule described in Section 2.b. b, City shall pay the amount of $18,000 no later than July 8, 2016. City shall further pay (1) the amount of $10,500 at the conclusion of the performance by Ana Barbara and (2) the amount of $7,500 at the conclusion of the performance by Banda Machos. c. The amounts due at the conclusion of each performance shall not be paid if the Consultant fails to provide that performance, in which event Consultant shall also refund all prior payments made by the City to Consultant under this Agreement. EXHIBIT 1 25E -3 3. TERM This Agreement shall commence on the date stated above and terminate on September 30, 2016, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employce relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standard's and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles, c. Worker's Compensation Insurance. In accordance with California State Law, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance, Prior to conunencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: EXHIBIT 1 25E -4 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement, (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Consultant. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will Consultant be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, EXHIBIT 1 25E -5 through no fault of the Consultant, disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile: 714 -647 -6956 Copies to: Executive Director of Parks, Recreation and Commi pity Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571 -4211 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714- 647 -6515 To Consultant: Bobby Nava Advertising & Entertainment Agency Attn: Bobby Nava 4959 Palo Verde St., Bldg. 203B, Montclair CA 91763 Mailing Address: P.O. Box 828, Pomona, CA 91769 Phone: 909 -629 -5252/ FAX: 909- 629 -1818 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 seat by mail, EXHIBIT 1 25E -6 communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 13. NON - DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in any activities wider this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 EXHIBIT 1 25E -7 agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out o£, in connection with or by reason of this Agreement. 15, PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits 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. HIIIZAR Clerk of the Council APPROVED AS TO FORM: TN M. FUNK ssrstant City Attorney RECOMMENDED FOR APPROVAL: N :I[ITS S Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Name: Title: EXHIBIT 1 25E -8 EXHIBIT A Page 1 of 2 Talent Contract Bobby Nava Advertising Is booking Ana for the City of Santa Ana, Performance will take place on 4th St, Downtown Santa Ana, CA Fiestas Patrias Santa Ana 2016 Date: Saturday September 10, 2016 from 8 :00pm- 9:00pm 60% Deposit must be made no later than July 8th, 2016. Remaining balance due on the date Talent Contract Bobby Nava Advertising Is booking panda Machos for the City of Santa Ann, Performance will taka place on 4th St. Downtown Santa Ana, CA Fiestas Patrias Santa Ana 2016 Date: Sunday September 11th, 2016 from 7 :00pm -HOpm 50% Deposit must be made no later than July 8th, 2016. Remainirg balance due on the date of Performance I 21,000.00 21,000.00 1 15,000.00 16,000.00 EXHIBIT 1 b+" q- /rconsxeet,intn:it.conr/ portal / module /pdfl)28 jjprintfti'aruQJztmi 6/24/2016 DNA Advertising 4959 Palo Verde St. Ste 203 -B Montclair, CA 91763 (909)829 -6282 bobbynava @aol,com Talent Contract Bobby Nava Advertising Is booking Ana for the City of Santa Ana, Performance will take place on 4th St, Downtown Santa Ana, CA Fiestas Patrias Santa Ana 2016 Date: Saturday September 10, 2016 from 8 :00pm- 9:00pm 60% Deposit must be made no later than July 8th, 2016. Remaining balance due on the date Talent Contract Bobby Nava Advertising Is booking panda Machos for the City of Santa Ann, Performance will taka place on 4th St. Downtown Santa Ana, CA Fiestas Patrias Santa Ana 2016 Date: Sunday September 11th, 2016 from 7 :00pm -HOpm 50% Deposit must be made no later than July 8th, 2016. Remainirg balance due on the date of Performance I 21,000.00 21,000.00 1 15,000.00 16,000.00 EXHIBIT 1 b+" q- /rconsxeet,intn:it.conr/ portal / module /pdfl)28 jjprintfti'aruQJztmi 6/24/2016 Page 2 of EXHIBIT 1 littps://Cotmect,i.iitLii�.com/potiFtl/ftiodule/Pci /� 6/24/2016 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: AGREEMENT WITH DISCOVERY SCIENCE CENTER OF ORANGE COUNTY FOR PUBLIC EDUCATION SERVICES (GRANT FUNDING) (STRATEGIC PLAN NO. 5, 2) CLERK OF COUNCIL USE ONLY: 02.215715rx ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading CJ 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 the Discovery Science Center of Orange County for public education services, for a one -year period beginning July 6, 2016 through July 5, 2017, with two optional one -year extensions exercisable by the City Manager and the City Attorney, in the amount of $120,000 annually, for a total agreement amount of $360,000, including all extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Assembly Bill 939 (AB939) mandates waste diversion from landfills and recycling program implementation using approaches that include public education. The City is in full compliance with this legislation through a variety of diversion and recycling programs. On February 4, 2013, the City entered into an agreement with the Discovery Science Center of Orange County ( DSCOC) to provide waste disposal and recycling public education through its award - winning Eco Challenge exhibit. The exhibit engages visitors of all ages in a fun, interactive experience that teaches new behaviors through educational content accompanied by stage shows and hands -on demonstrations. As part of the agreement, the DSCOC delivered an enhanced public education program specifically tailored to Santa Ana residents entitled, "Santa Ana Waste Free Days." One day each month, from February 2013 to February 2015, the DSCOC welcomed Santa Ana residents free of charge and offered a range of programs, activities, and guest incentives geared toward the promotion of positive recycling and waste disposal habits. DSCOC is presently reaching approximately 9,000 Santa Ana residents per year through this program and this number continues to grow. 25F -1 Agreement with Discovery Science Center July 5, 2016 Page 2 The total cost for an entire year of development, programming, and reporting for the "Santa Ana Waste Free Days" program was $120,000. The City used unspent CalRecycle Beverage Container Recycling grant monies as the funding source. However, now that those funds have been spent and CalRecycle has narrowed the focus for new grant expenditures, the City is unable to direct these grant funds to the DSCOC. To maintain this public education program in support of compliance with AB939 and to continue this valuable program for Santa Ana residents, alternative funding has been earmarked from the Refuse Enterprise. By approving this agreement (Exhibit 1) with the DSCOC for public education services, "Santa Ana Waste Free Days" will continue for another year, and up to two additional years, if the extension options are exercised. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability. FISCAL IMPACT Funds in the amount of $120,000 are budgeted and available in the Public Works Refuse Collection Service Fund (Account 06917640- 62300) for expenditure in Fiscal Year 2016 -17. Annual amounts of $120,000 will be budgeted in Fiscal Years 2017 -18 and 2018 -19, if the optional extensions are exercised. Public Works Agency FM /MLM /CK Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25F -2 PROGRAM FUNDING AGREEMENT THIS AGREEMENT, made and entered into this 5th day of July, 2016 by and between Dis- covery Science Center of Orange County, a California 501(c)(3) non - profit organization, (hereinafter "DSC "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. City is the recipient of CalRecycle grant funds from the California Department of Re- sources Recycling and Recovery, to provide recycling education and programming to residents of Santa Ana (hereinafter "Grant Funds "). B. The City would like to utilize Grant Funds to provide funding to the Discovery Science Center for its Santa Ana Waste Free Days recycling education program for children. C. Discovery Science Center is an approved recipient of Grant Funds for its Eco Challenge exhibit, and the Santa Ana Waste Free Days Program (hereinafter "Program ") will pro- vide recycling education through exciting hands -on programming. D. City desires to engage DSC to provide the Program. E. DSC represents that it is qualified and willing to provide said educational programming 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. DSC'S OBLIGATIONS DSC shall provide its 'Santa Ana Waste Free Days' recycling education program, as set forth in Exhibit A, attached hereto and incorporated by this reference. a. DSC agrees to use all grant funds received from City pursuant to this Agreement exclu- sively to provide the "Santa Ana Waste Free Days" program ( "Program "), as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. b. All fluids received by DSC from City pursuant to this Agreement shall be separately ac- counted for apart from any other funds of DSC, or of any principal or member of DSC. C. DSC shall keep records of all funds received from City under the terms and conditions of this Agreement. DSC agrees to keep monthly records of the number of Santa Ana residents participating in the Program. DSC shall submit quarterly reports within fifteen (15) days after the quarter is completed. Said quarterly report shall include monthly ac- counting of: i. Number of Santa Ana residents targeted for services, ii. Actual number of Santa Ana residents attending the Santa Ana Waste Free Days program, iii. Number of guest surveys completed, iv. Number of incentive coupons redeemed P=117L.[49 V. Number of Eco Challenge attendees on Santa Ana Waste Free Days vi. Documentation of program components, including samples of printed materials. d. City and /or its representatives shall have access for purposes of monitoring, auditing, and examining DSC's activities and performance, to books, documents and papers, and the right to examine records of DSC's subcontractors, bookkeepers and accountants, employees and participants in regard to said Program. City and /or its representatives shall also schedule on -site monitoring at its discretion. Nothing herein shall be con- strued to require access to any privileged or confidential information as set forth in fed- eral or state 'law. C. All accounting records and evidence pertaining to all costs of DSC and all documents related to this Agreement shall be kept available at DSC's office or place of business for the duration of the Agreement. Records which relate to costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until resolution or disposition of such appeals, litiga- tion, claims, or exceptions. Without prejudice to any other provisions of this Agreement, DSC shall, where applica- ble, maintain the confidential nature of information provided to it concerning partici- pants in accordance with the requirements of federal and state law. However, DSC shall submit to City or its representatives, all records requested, including audit, examina- tions, monitoring and verifications of reports submitted by DSC, costs incurred and ser- vices rendered hereunder. 2. CITY'S OBLIGATIONS Upon execution of this Agreement by DSC, City shall pay to DSC from CalRecycle grant funds, for the Santa Ana Waste Free Days Program, at the rate of $10,000 per month for DSC's provi- sion of one educational Program day per month, to a maximum aggregate payment of One Hundred Twenty Thousand Dollars ($120,000), amorally, in quarterly installments. Payments shall be rnade to DSC quarterly in advance. However, City shall withhold quarterly payment if DSC fails to provide the quarterly reporting as required by Section Le., above, in confornlance with this Agreement. 3. TERM This Agreement shall commence on the date first written above and terminate on July 4, 2017, unless terminated earlier in accordance with Section 12, below. The tern of this Agreement may be extended upon a writing executed by the City Manager and City Attorney, for two (2) additional, one -year terms. 4, INDEPENDENT CONTRACTOR DSC shall, during the entire term of this Agreement, be construed to be an independent con- tractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which DSC perfortrs the services which are the subject matter of this Agreement; however, the services to be provided by DSC shall be provided in a manner consistent with all applicable standards and regulations governing such services. DSC shall 25F -4 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, DSC shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. DSC shall maintain commercial general liabil- ity insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of DSC'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: sin- gle limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance. in accordance with the provisions of Section 3700 of the Labor Code, Consultant, if DSC 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, DSC agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. C. The following requirements apply to the insurance to be provided by Consultant pursu- ant to this section: (i.) Consultant shall maintain all insurance required above in full force and effect for the en- tire period covered by this Agreement. (ii.) Certificates of insurance shall be furnished to the City upon execution of this Agree- ment 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. (iv.) Certificates and renewals shall be sent to Christy Kindig. d. If DSC fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect DSO's right to be paid for its time and materials expended prior to notification of termination. DSC waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25F -5 G INDEMNIFICATION DSC 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 DSC or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which re- lates to the services described in this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This 'indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, aris- ing from this Agreement. DSC further agrees to indemnify, hold harmless, and pay all costs for the de- fense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If DSC receives from the City information which due to the nature of such information is rea- sonably understood to be confidential and /or proprietary, DSC 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 rea- sonable care. "Confidential Information" shall include all nonpublic information. Confidential infor- mation includes not only written information, but also information transferred orally, visually, elec- tronically, 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 DSC disclosed in a publicly available source; (c) is in rightful possession of DSC without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by DSC without reference to information disclosed by the City. S. CONFLICT OF INTEREST CLAUSE DSC 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 With the exception of insurance certificates and renewals covered by Section 5.e.iv, above, any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writ- ing 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 pro- vided in this Section, to the following persons: 25F -6 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copy to: Santa Ana Public Works Agency— Administrative Services City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -5069 To DSC: Discovery Science Center of Orange County Mr. Joe Adams 2500 N. Main Street Santa Ana, California 92705 Fax 714- 263 -3927 A party may change its address by giving notice in writing to the other party. Thereafter, any commu- nication 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 te- lefacsimile, communication shall be effective or deerned to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, ad- dressed 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 Con- sultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any tears or condi- tions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 1.1. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Con- sultant 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 pri- or written consent shall be considered null and void. Nothing in this Agreement shall be construed to 25F -7 limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, DSC shall only be entitled to reimbursement for approved expenses incurred prior to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written no- tice for violation by DSC of the terms and conditions of the this agreement or applicable State or Federal requirements. In the event of such suspension or termination, DSC shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, in- terpretation, 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 con.- section with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, per- mits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and re- quired by the laws and regulations of the United States, the State of California., the City of Santa Ana . and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inabil- ity shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective parties to each of the tenns of this Agreement, and shall in- demnify City filly, 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. 25F -8 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 ,y JOSS S f OVAL Ghie 'sistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director — PWA 25F -9 CITY OF SANTA ANA David Cavazos City Manager DISCOVERY SCIENCE CENTER OF ORANGE COUNTY: JOE ADAMS President Exhibit A Santa Ana Waste Free Days Program Scope Background Beginning in 2013, Discovery Science Center of Orange County and the City of Santa Ana, Department of Public Works have partnered to bring Santa Ana Waste Free Day to the resi- dents of Santa Ana. Utilizing the Eco Challenge exhibit, DSCOC's world -class educational content and accompanied by stage shows and hands -on demonstrations, Santa Ana Waste Free Day engages resident visitors of all ages in a fun, interactive experience that teaches new behaviors. Program One day each month, DSCOC will welcome Santa Ana residents free of charge and imple- ment a range of programs, activities, and guest incentives focused on the promotion of posi- tive recycling and waste disposal habits. As a national leader in science education outreach, and as the home of the award - winning Eco Challenge exhibit, DSCOC possesses a blend of resources that present a unique oppor- tunity for the City of Santa Ana and its residents. DSCOC will deliver the following program elements that will make Santa Ana Waste Free Days an immersive educational experience for all ages: ✓ Our Eco Challenge "Minute to Win It" interactive audience show will run in our Sun Stage theater regularly during the day ✓ Our Eco Challenge "Jeopardy" multi -media game show will run at regular intervals in our 4D Theater ✓ In the Eco Challenge exhibit area, our Education team will present a special table -top demonstration focused on a key aspect of the science behind Reduce, Reuse & Recy- cle ✓ Each Santa Ana resident guest will be provided with a program containing: ✓ A schedule of shows, demonstrations and other activities ✓ A guest survey providing an opportunity to gauge learning, complete with a prize drawing to incentivize completion ✓ Recycling and waste disposal information from the City In addition, DSCOC will provide the City with attendance figures for each Waste Free Day, survey results and copies of the printed material on a quarterly basis. Based on our attendance projections for the coming year and the programming enhance- ments listed above, DSCOC intends to reach over 9,000 Santa Ana residents through this program each year. Total annual cost of the program including programming, and reporting is $120,000. 25F -10 Me CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: COOPERATIVE AGREEMENT WITH PARTICIPATING PARTIES FOR THE SANTA ANA DELHI DIVERSION PROJECT (NONGENERAL FUND) (PROJECT NO. 16 -6467) (STRATEGIC PLAN NO. 6, 1G) 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 1. Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the County of Orange, the Orange County Flood Control District, the Irvine Ranch Water District, and the cities of Newport Beach and Costa Mesa; for the term commencing with the full execution of the agreement by all parties, and extending twenty years from the completion of construction with automatic ten -year renewal, thereafter; obligating the City to its share of $1.9 million for design and construction, including an ongoing 33.93 percent share of maintenance costs for the Santa Ana Delhi Diversion Project, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Amend the Fiscal Year 16/17 Capital Improvement Plan to include the Delhi Diversion Project and allocate $1.3 million in the Fiscal Year 2016/17 Budget to fund this project. DISCUSSION The City of Santa Ana, the County of Orange (CO), the Orange County Flood Control District (OCFCD), the Irvine Ranch Water District (IRWD), and the cities of Newport Beach and Costa Mesa desire to enter into a Cooperative Agreement (Exhibit 1) to define the roles and responsibilities related to funding design, construction, and maintenance of the Santa Ana Delhi Diversion Project (Project). The Project will help improve the water quality in the Santa Ana and the Newport Bay region and increase local groundwater supplies. Planning for this project has been a regional collaboration among the agencies and cities. The Project will divert trash and debris from dry weather low flow (non - stormwater) in the Santa Ana Delhi Channel into a containment area, while conveying non - stormwater flow into an Orange County Sanitation District (OCSD) trunk sewer main. This sewer main serves an Orange County Water District (OCWD) groundwater replenishment system, an advanced water purification 25G -1 Cooperative Agreement for the Santa Ana Delhi Diversion Project July 5, 2016 Page 2 system which replenishes local region aquifers. The project will also help OCWD to boost flow from the OCSD system to increase source water for the groundwater replenishment system. The cost of the Santa Ana Delhi Diversion Project design, construction, and 20 -year maintenance is estimated at $9.4 million. In addition to a $2,572,875, Measure M2 Grant from the Orange County Transportation Authority, the cooperative agreement identifies the cost share for each participating party as follows: Funding Source Commitments Measure M2 Grant $2,572,875 Orange County Water District (construction only) $1,000,000 County of Orange and OC Flood Control District $1,600,000 City of Newport Beach $1,500,000 City of Costa Mesa $600,000 City of Santa Ana $1,900,000 Irvine Ranch Water District (design and construction only) $195,000 Total Commitments $9,367,875 The City of Santa Ana will lead the design and construction of the Project. Upon completion, the parties will jointly share in the future cost of the operation and long -term maintenance of the Project which will be performed by CO and OCFCD. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT A mitigated Negative Declaration was certified by the City Council on May 3, 2016 for this project. FISCAL IMPACT The City of Santa Ana funding is available in the Federal Clean Water Protection Enterprise Fund (Account No. 05717640 - 66220). The cooperative agreement recommended for approval will bind all cities and agencies to forward their share of funding to the City of Santa Ana before the start of construction, with the exception of the Measure M2 Competitive Grant and OCWD, which will be on a reimbursement basis. 25G -2 Cooperative Agreement for the Santa Ana Delhi Diversion Project July 5, 2016 Page 3 City of Santa Ana's funding in the amount of $1,643,050 is available in the Federal Clean Water Protection Enterprise Fund (Account No. 05717640 - 66220) as follows: $343,050 as approved in the Capital Improvement Program FY 2015 -16 and $1,300,000 as approved in the Fiscal Year 2016 -17 budget. The Measure M2 Competitive Grant funds in the amount of $2,572,875 will be recognized and appropriated in conjunction with the award of the construction contract in FY 2016 -17. The remaining $256,950 City commitment will be budgeted in the Capital Improvement Program FY 2017 -18. APPROVED AS TO FUNDS & ACCOUNTS: —t` savipour Francisco Gutierrez Director Executive Director Public Works Agency Finance & Management Services Agency FM /EWG /TC Exhibit: 1. Cooperative Agreement with CO, OCFCD, IRWD, Newport Beach, Costa Mesa 25G -3 25G -4 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 City of Santa Ana Orange County Flood Control District County of Orange City of Newport Beach City of Costa Mesa Orange County Water District Irvine Ranch Water District Exhibit 1 25G -5 AGREEMENT This Santa Ana -Delhi Channel Diversion Project Agreement ( "Agreement ") is made as of this _ day of , 201_, ( "Effective Date ") by and among The City of Santa Ana, a California charter city ( "SANTA ANA "), The Orange County Flood Control District, a body corporate and politic ( "OCFCD "), The County of Orange, a political subdivision of the State of California ( "COUNTY "), The City of Newport Beach, a California municipal and charter city ( "NEWPORT BEACH "), The City of Costa Mesa, a California municipal corporation ( "COSTA MESA "), The Orange County Water District, a subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended ( "OCWD "), and The Irvine Ranch Water District, a California water district organized under Section 34000 et seq. of the California Water Code ( "IRWD "); which are sometimes individually referred to as "Party," or collectively referred to as "Parties." The following definitions shall hereinafter apply: Additional Annual O &M Costs - a Funding Party's proportionate share as specified in Exhibit C2 to cover annual O &M expenses upon exhaustion of the Initial O &M Deposit (as defined below). Additional Participant - a third party point source discharger in the Watershed Area or other Project beneficiary that has entered into an agreement signed by all Parties committing its contribution toward the O &M costs in order to receive regulatory compliance, offsets or credits offered by the Project. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -6 Page 2 of 74 Airport Director — the Director of John Wayne Airport Approved Plans - those Project plans, specifications, and engineering estimates ( "PS &E" see definition below) which have been approved through the County Property Permit process. Approved Plans shall also include those PS &E revisions and /or contract change orders approved in writing by the Project Representatives (as defined in Section 1). Bond - the faithful performance bond, payment bond, or warranty bond required to be provided by the Contractor pursuant to this Agreement. (collectively "Bonds) CPP - the process to obtain a County Property Permit from the County of Orange. CEQA — the California Environmental Quality Act (California Public Resources Code § 21000 et seq.). Channel - the Santa Ana -Delhi Diversion Channel designated OCFCD Facility No, FOl. Cities - refers to SANTA ANA, NEWPORT BEACH, and COSTA MESA collectively Claims - liabilities, actions, suits, claims, demands, losses, costs, tortious, contractual, condemnation, inverse condemnation, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees; including those arising from injuries to or death of persons, for damage to property, or liability of any kind or nature. Conceptual Report — that Diversion Structure Water Capture and Reuse Structure Concept Feasibility Study dated July 8, 2013 which reviewed the technical and economic feasibility of reducing pollutants inflows and trash to the Channel. Contractor - that contractor and its subcontractors that have entered into a construction contract with SANTA ANA for the Project. Days — unless otherwise specified to the contrary, "days" in this Agreement shall mean business days as defined by the City of Santa Ana. Director — the Director of OC Public Works or designee. Diversion Structure — an urban discharge diversion system as may be constructed near the intersection of Mesa Drive and Irvine Avenue as shown on the attached Exhibit B (hereinafter referred to as the "Preliminary Plans "), which shall include features that Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -7 Page 3 of 74 extend across a segment of Channel designed to divert trash and debris into a containment area, while conveying low -flows where pollutants will be captured, and further discharged into an Orange County Sanitation District trunk line for conveyance to its sanitary sewer treatment plant and thereafter to the OCWD Groundwater Replenishment System. The Diversion Structure will modify the existing Channel with a concrete weir crossing the channel bottom and alter approximately 100 feet of the Channel's north wall to accommodate fixture of a debris boom, inlet and bypass outlet structures. Estimated Cost - the itemized estimate of Project Capital Costs and O &M expenses listed on Exhibit C3 from an Opinion of Probable Construction Cost referenced as "Engineer's Estimate 15 -058" by AECOM dated July 24, 2015 based upon 60% Design Plans. Facility (sometimes also referred to as the "Facilities" or "Project Facilities ") — final Project (as defined below) improvements constructed in accordance with the Approved Plans, which shall include the Diversion Structure, related pumps, pipelines and features necessary for operations. Flood Control Act - Orange County Flood Control Act set forth in California uncodified Water Code, Act 5682, section 2, also referred to as Water Code App. Sections 36 -1 et seq, also referred to as Chapter 723 of the State of California Statutes of 1927, as amended. Force Majeure Event - those events specified in Section 2.5.4 that materially and adversely interfere with or increase the costs of performing SANTA ANA's obligations hereunder, provided that such event (or the effects of such event) could not have been avoided by SANTA ANA's use of reasonable effort. Funding Partner — SANTA ANA, NEWPORT BEACH, COSTA MESA, OCFCD, COUNTY or IRWD as shown on Exhibit C2 (collectively the "Funding Partners "). Golf Lessee — Public golf course operator, Newport Beach Golf Course, LLC, its successors or assigns, which leases a portion of County land, under the purview of John Wayne Airport that may be impacted by the Project. Grant - that Measure M2 Environmental Cleanup Program Grant from the Orange County Transportation Authority awarded to SANTA ANA in the amount of TWO MILLION, FIVE - HUNDRED SEVENTY -TWO THOUSAND, EIGHT HUNDRED, and SEVENTY -FIVE DOLLARS ($2,572,875) for Project Capital Costs. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -8 Page 4 of 74 HM -1 - hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law existing prior to the Project and not disturbed by the Project. HM -2 - hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the Project or as a result of the Project. HM Management Activities - management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements, clean-up and disposal facility designations. Initial O &M Deposit - a transfer of ONE MILLION DOLLARS ($1,000,000) from SANTA ANA to the O &M Account maintained by OCFCD in accordance with the terms herein John Wayne Airport ( "JWA" or "Airport ") — an airport established by ordinance of the County of Orange Board of Supervisors pursuant to the laws of the State of California and the federal government, which is operated on an enterprise basis at no cost to the taxpayer. Although JWA is a department of the County of Orange, the Parties agree JWA is not a Funding Partner to this Agreement, and as such is not required to financially contribute to the Project, associated O &M or Reserve Fund, but retains rights under this Agreement as a Project Representative and as otherwise provided herein. NPDES — National Pollutant Discharge Elimination System stormwater permit program authorized by Section 402 of the Clean Water Act, 33 U.S.C. § 1251 et seq, of 1972, as amended, also referred to as a Municipal Separate Storm Sewer System ( "MS4 ") Permit. OCSD - the Orange County Sanitation District. OCWD Project Contribution - a one -time, lump -sum payment from Orange County Water District (OCWD) of ONE MILLION DOLLARS and 00 /100 ($1,000,000.00) toward the Project construction costs. O &M —operation and maintenance. O &M Contractor — a contractor under contract with OCFCD or COSTA MESA to perform operation and maintenance on the Facility or portion thereof. Santa Ana - Delhi Channel Diversion Project Agreement D15 -013 25G -9 Page 5 of 74 O &M Fund - monies deposited into the O &M Account in amounts paid in accordance with the terms herein, to be used by OCFCD or COSTA MESA for Facility operation, maintenance, and repair or replacement required due to a catastrophic event. O &M Account - a separate account for the Initial O &M Deposit and OCFCD O &M Fund established by OCFCD and maintained consistent with all applicable OCFCD /COUNTY or other governmental laws, rules and regulations pertaining thereto, to receive from SANTA ANA a transfer of $1,000,000 from the Project Fund (e.g. the Initial O &M Deposit), Additional Annual O &M Costs and other monies consistent with the purposes of the O &M Fund. O &M Manual - the Operation and Maintenance Manual for the Facility and components thereof. Oversight Inspector - a qualified OC Public Works inspector or representative assigned through the CPP process by OCFCD /County to verify that construction of the Diversion Structure and other Facilities on OCFCD and COUNTY right -of -way are accomplished in a good, workman -like manner and in accordance with the Approved Plans per OCFCD and COUNTY standard. NEPA - National Environmental Policy Act, 42 U.S.0 § 4231 et seq. Project — the Santa Ana -Delhi Channel Diversion Project is a regional water quality project intended to protect Upper Newport ,Bay from pollutant loadings generated by discharge flows, debris, and trash from the Channel and its watershed, and includes all right -of -way necessary for its implementation. The Project will remove dry- weather channel flows from the Channel watershed with the Diversion Structure, as further defined in Recital B. The Project shall include work within the limits indicated on Exhibit A performed concerning design, construction, and O &M of the Project and Facilities. Project Capital Costs — those Project costs referenced in Exhibit C3 including, but not limited to, design engineering, permits, right -of -way, easements, project administration, consultant costs, environmental reports, costs associated with CEQA, NEPA, Resource Agency or Regulatory compliance, surveying, investigation, testing, monitoring, construction, equipment, materials, contracts, warranties, attorney fees, Newport Beach Golf Course lost revenue, costs for defense of CEQA/NEPA lawsuit and costs for hazardous material management activities related to HM -2 as defined in Section 8 (Hazardous Material). O &M costs are not a part of the Project Capital Costs. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -10 Page 6 of 74 Project Costs — those actual costs as estimated and referenced in Exhibit Cl and Exhibit C3 covering all costs associated with the Project. Project Fund - a separate account established by SANTA ANA and maintained consistent with all applicable SANTA ANA or other governmental laws, rules and regulations pertaining thereto, wherein SANTA ANA shall deposit amounts paid by the Parties for Project Costs. PS &E - Project plans, specifications, and engineering estimates agreeable to the Project Representatives (as defined in Section 1) which have been approved through the County Property Permit process. Regional Board — the Santa Ana Regional Water Quality Control Board. Regulations — those federal and state regulations or requirements applicable to point source discharges, as more particularly described in Recital A, which are prescribed by the Santa Ana Regional Water Quality Control Board, California State Water Resources Control Board, and/or United States Environmental Protection Agency that have jurisdiction within the Santa Ana -Delhi drainage system depicted on Exhibit A. Reserve Fund - After exhaustion of the Initial O &M Deposit, monies deposited into the O &M Funds which are designated for reserve fund purposes as specified in Section 3.7.9. to be used by OCFCD and/or COSTA MESA to repair or replace the Facilities, Project - related Channel improvements and/or appurtenances, or portions thereof damaged due to a catastrophic event Resource Agency(ies) — each one of the following entities or collectively, all of them: U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Federal Emergency Management Agency, California Department of Fish and Wildlife, Santa Ana Regional Water Quality Control Board, and Coastal Commission. Sponsor - OCFCD, the COUNTY, COSTA MESA, NEWPORT BEACH, or SANTA ANA (collectively the "Sponsors ") and which shall include IRWD in accordance with Exhibit C2b. Sponsorship Share - a Sponsor's share of participation in funding, credits and offsets pursuant this Agreement and/or the Project, based upon the percentages denoted on Exhibit C2a and C2b. State Board — the California State Water Resources Control Board. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -11 Page 7 of 74 TCE - temporary construction easement. Term - unless otherwise terminated or extended, this Agreement shall be effective for an initial term of twenty -five years commencing on the Effective Date, and shall automatically renew for ten year terms thereafter. TMDL - Total Maximum Daily Loads. Watershed Drainage Area - the impacted watershed area within Project limits shown on Exhibit A. RECITALS A. The Parties are subject to regulations or requirements applicable to point source discharges for bacteria, metals, nutrients, trash, selenium and other constituents; including but not limited to, TMDL, applicable provisions of dewatering permits and time schedule orders the Municipal Separate Storm Sewer System (" MS4 Permit, and /or other discharge permits, waste discharge requirements, or discharge- related orders. In a collaborative effort SANTA ANA, NEWPORT BEACH, and COSTA MESA (collectively, "Cities ") pursued satisfying current and future NPDES requirements and proposed trash amendment to MS4 Permit requirements (see Recital Q) through the development of a watershed regional diversion project. The Project requires OCFCD and COUNTY cooperation in order for the Diversion Stricture component to be constructed, operated and maintained in and about the Channel; a portion of the land is under the purview of JWA. B. The Parties, other than OCWD and IRWD, caused the Diversion Structure Water Capture and Reuse Structure Concept Feasibility Study dated July 8, 2013 to be conducted in order to review the technical and economic feasibility of reducing pollutants inflows and trash to the Channel ( "Conceptual Report "). Based upon the Conceptual Report findings, possible locations for the Diversion Structure system and the Project limits shown on Exhibits A -1 and AA =2 within the impacted watershed area (i.e., the Watershed Drainage Area) were proposed and alternative Facility components were discussed. C. The proposed Project is to be designed for the benefit of the Parties, who occupy or operate within a region of approximately 11,120 acres, by diverting dry- weather flows and trash from the Santa Ana -Delhi drainage system shown in Exhibit A. D. It is contemplated that the Diversion Structure will be constructed upon land owned by COUNTY, under the purview of JWA. Part of this County -land is leased to the "Golf Lessee," and other parts are utilized for OCFCD's Channel and flood control purposes in accordance with the Flood Control Act. E. OCFCD, COUNTY and JWA are amenable to accommodating the Diversion Structure and appurtenant components upon their right -of -way in accordance with the terms herein, provided that the Project: (1) will not violate the COUNTY's vesting deed restrictions or Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -12 Page 8 of 74 create a nuisance, (2) will not interfere with flood control or Airport operations or operational requirements, (3) will minimize its effect on Golf Lessee, and (4) mitigates and compensates JWA and/or Golf Lessee for any negative impact due to the Project. F. The Project's proposed plan as shown on Exhibit B (Preliminary Plan) is to install, operate, and maintain pipelines within public street right -of -way The Cities are amenable to accommodating pipelines and other necessary Project Facilities within their respective public street right -of -way in furtherance of the Project. G. SANTA ANA will be the lead agency for the Project under CEQA, and if applicable NEPA, as well as being responsible for the PS &E, acquisition of property rights, relocations, necessary permits and easements, and construction administration necessary for the Project. H. The Parties anticipate the Project costs to be about $9,367,875 ( "Estimated Cost") based upon the itemized estimated expenses listed on Exhibit C3. I. The Estimated Cost amount includes an estimate of long -term O &M expenses projected over twenty years in the amount of ONE MILLION DOLLARS ($1,000,000). J. SANTA ANA has been awarded a Measure M2 Environmental Cleanup Program Grant from the Orange County Transportation Authority in the amount of TWO MILLION, FIVE - HUNDRED SEVENTY -TWO THOUSAND, EIGHT HUNDRED, and SEVENTY -FIVE DOLLARS ($2,572,875) ( "Grant "), which shall be used for the capital construction costs associated with the Project. K. The Project proposes to divert trash and debris into a containment area while conveying dry- weather flows into an Orange County Sanitation District trunk main which serves an OCSD sanitary sewer treatment plant and thereafter to the OCWD Groundwater Replenishment System. In furtherance of the Project, OCWD has offered to pay a one -time sum of ONE MILLION DOLLARS ($1,000,000) toward the construction costs pursuant to the terms and conditions provided herein. SANTA ANA will accept and expend said funds from OCWD for the construction of the PROJECT. L. SANTA ANA is committing its resources and is agreeable to contribute toward the Project design, construction, and O &M. SANTA ANA agrees to make one lump sum payment for their proportionate share in the costs for the design, construction long -term O &M costs in an aggregate amount not to exceed of ONE MILLION, NINE - HUNDRED THOUSAND DOLLARS ($1,900,000), as denoted in Exhibit Cl. M. OCFCD and COUNTY are agreeable to contribute toward Project design, construction, and O &M. Per the terms of this Agreement, OCFCD and COUNTY agrees to make one lump sum payment of their joint proportionate share in the costs for the design and construction, and long -term O &M in an aggregate amount not to exceed ONE MILLION, SIX - HUNDRED, THOUSAND DOLLARS ($1,600,000), as denoted in Exhibit Cl. OCFCD is agreeable to accept certain ownership, O &M responsibilities, in accordance with the terms herein, for the portion of the Facilities located upon OCFCD, COUNTY and/or JWA right -of- way. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -13 Page 9 of 74 N. NEWPORT BEACH is agreeable to contribute toward the Project construction and make a lump sum payment in the amount of ONE MILLION, FIVE - HUNDRED THOUSAND DOLLARS ($1,500,000), as denoted in Exhibit Cl. O. COSTA MESA is agreeable to contribute toward Project design, construction, and O &M. COSTA MESA agrees to make one lump sum payment for it proportionate share in the costs for the design, construction, and long -term O &M costs in an aggregate amount not to exceed SIX- HUNDRED THOUSAND DOLLARS ($600,000), as denoted in Exhibit Cl. COSTA MESA agrees to accept certain ownership, O &M responsibilities, in accordance with the terms herein, for the Facility pipelines located outside of OCFCD, COUNTY and/or JWA right -of -way. P. IRWD discharges pumped grolmdwater to the Channel from wells pursuant to certain permits issued by COUNTY. In consideration of the effect of the quantity of such discharges upon the design and capacity of the Project, IRWD is willing to contribute one lump sum payment in the amount of ONE HUNDRED AND NINETY -FIVE THOUSAND DOLLARS ($195,000), as denoted in Exhibit C1 as its share of Project design and construction. IRWD shall not contribute to O &M costs. Q. The Parties contemplated statewide trash amendments by the State Board currently approved "Amendment to the Water Quality Control Plan for the Ocean Waters of California to Control Trash and Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California," which in the future would be reflected in stormwater MS4 Permits. It is intent of the Parties to collaborate efforts in order for the Project to qualify as an implementation plan, or portion thereof, under such requirements. R. After the Diversion Structure and the Facilities become operational and at any point establish an additional regulatory benefit or credit which may be allocated among the Parties, and /or traded or sold to an outside third party at market -based rates, the Parties desire to clarify herein how a Party might receive its fair share of the economic value generated and realized. S. The Parties further desire that the Agreement address how the Parties may amend their respective financial commitments as specified in Exhibit C2a and C2b by revising the percentages representing their proportionate share to include requiring the contribution from future, additional point source dischargers who benefit from the Project Facilities. T. Therefore, the Parties mutually desire to enter into this Agreement to set forth their respective rights and obligations with respect to the Project development, and the possible construction, and long -term O &M of the Facilities. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -14 Page 10 of 74 AGREEMENT NOW, THEREFORE, in consideration of the foregoing Definitions and Recitals, which are incorporated herein by reference, and the mutual covenants and promises among the Parties hereinafter set forth, the Parties agree as follows: SECTION 1 PROJECT REPRESENTATIVES 1.1 SANTA ANA Project Representative. The City Manager of the City of Santa Ana or his designee shall be authorized to perform all actions required to implement this Agreement on behalf of SANTA ANA and serve as the Project Representative for SANTA ANA for all purposes related to this Agreement. 1.2 COUNTY and OCFCD Project Representative. The Director shall be authorized to perform all actions required to implement this Agreement and to serve as the Project Representative, jointly and individually, for OCFCD and the COUNTY as Parties and property right owners; as well as, for the COUNTY as to unincorporated areas of the watershed within its jurisdiction that are not part of JWA operations. 1.3 John Wayne Airport Project Representative. The Airport Director or designee shall be authorized to perform all actions required to implement this Agreement and to serve as the Project Representative on behalf of JWA for all purposes related to this Agreement. 1.4 NEWPORT BEACH Project Representative. The City Manager of the City of Newport Beach or designee shall be authorized to perform all actions required to implement this Agreement on behalf of NEWPORT BEACH and serve as NEWPORT BEACH's Project Representative for NEWPORT BEACH for all purposes related to this Agreement. 1.5 COSTA MESA Project Representative. The City Manager of the City of Costa Mesa or designee shall be authorized to perform all actions required to implement this Agreement on behalf of COSTA MESA and serve as COSTA MESA's Project Representative for all purposes related to this Agreement. 1.6 IRWD Project Representative. The General Manager of the Irvine Ranch Water District or designee shall be authorized to perform all actions required to implement this Agreement on behalf of IRWD and serve as IRWD's Project Representative for all purposes related to this Agreement. 1.7 Whenever reference is made herein to an action or approval to be undertaken by a Party, the Project Representative shall be authorized to act on behalf of its respective Party unless specifically provided otherwise or the context requires otherwise. Any determination of change which if implemented may materially alter the terms and financial obligations of the Parties shall require an amendment of this Agreement approved in writing by each Party's board, council, or governing body. 1.8 The Project Representatives shall have authority to send invoices, make and receive Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 11 of 74 25G -15 payments, and perform all other activities required to satisfy the financial responsibilities of their respective Party in accordance with the terms herein. 1.9 Each Party and their respective Project Representative acknowledge that the Project is made possible by virtue of certain Grants and agrees to make every effort to assist and cooperate with SANTA ANA, the Grant Administrator, for the Project to remain in full compliance with the terms of the Grant. 1.10 The Parties agree that JWA and/or Golf Lessee will be compensated for any unmitigated negative impacts to the Golf Course and /or Golf Lessee operations caused by the Project construction or operation only if actual losses or damages are incurred and substantiated. Costs associated with this obligation are Project Cost estimates in Exhibit C3. SECTION 2 RESPONSIBILITIES OF SANTA ANA 2.1 General Responsibilities SANTA ANA shall be responsible for the design, environmental review, obtaining all required Resource Agency approvals, CPP, permits and easements, and construction of the Facilities developed for the Project under the terms of this Agreement. SANTA ANA shall deposit amounts paid by the Parties for Project design and /or construction into a separate account designated for such funds as the Project Fund. Within forty (40) days of the execution of this Agreement, SANTA ANA shall deposit a lmnp sum amount for design, construction, and the annual O &M costs as established per Exhibit C3, into the Project Fund Account. The Grant funds shall be paid to the Project Fund on a reimbursement basis pursuant the terms and conditions of said grant. 2.2 Environmental Review / Permitting 2.2.1 SANTA ANA shall be the lead agency for purposes of CEQA, prepare the necessary environmental documents and secure all necessary resource agency permits for the Project. SANTA ANA shall secure the rights -of -way for the Project, including any needed for the O &M of the Diversion Structure and all Facilities. 2.2.2 SANTA ANA shall obtain the prior written approval from the Project Representative(s) of any Party with jurisdiction and /or property rights to any permit concerning said property which potentially includes post - construction agreements, obligations or conditions (e.g., mitigation requirements) imposed by any governmental or regulatory agency. 2.2.3 SANTA ANA shall apply for permits and maintain Project compliance with all permits, regulations and laws. As referenced in Recital Q, the development of the Project contemplated statewide trash amendments by the State of California Water Control Board currently approved "Amendment to the Water Quality Control Plan for the Ocean Waters of California to Control Trash and Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California." SANTA ANA shall, if the Project Representatives mutually determine it is necessary, change the Project procedures as to its implementation, Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -16 Page 12 of 74 monitoring, and reporting to assist with a Party's respective stormwater discharge permit compliance. 2.3 Design 2.3.1 The Parties acknowledge SANTA ANA had the "Santa Ana -Delhi Channel Diversion Project Technical Memorandum 1 ", dated July 2015 and revised in October 2015, prepared which provides a description of the Project operations and land requirements for alternate design plans. Among the alternatives presented in that memorandum, the Parties wish to implement Scenario 1 where the Facilities will have direct discharge to the Orange County Sanitation District Regional Sewer System as depicted in the "Preliminary Plan" shown on Exhibit B, attached. The Facilities are to be constructed in accordance with Approved Plans that specify its components which may include, among other things and in addition to the modifications to the existing channel section, diversion structure, submersible pumps, floating boom, weirs, screening bars, and debris containment area. 2.3.2 SANTA ANA shall require and ensure that all consultants, engineers and mitigation agents working on the Project environmental, design and construction abide by the insurance and bond requirements as specified in Exhibit G (Insurance, Bonds and Warranties). SANTA ANA agrees to be responsible for the preparation of the PS &E, which shall be consistent with the standards of SANTA ANA and the Party or Parties with jurisdiction or ownership of the right -of- way where construction is to be performed. In case of conflict between such standards, the most stringent standard shall prevail. With regard to the Diversion Structure and any other Facilities appurtenant, in, on or about the Channel or right -of -way held by OCFCD or COUNTY, the PS &E shall be consistent with OCFCD standards, criteria, customs and practices and receive Director's and JWA's approval prior to commencement of construction through OCFCD's CPP process. 2.3.3 SANTA ANA shall provide the Project Representatives opportunities to review the PS &E at the 60% and 90% submittal levels and to provide timely comments prior to submittal of the PS &E to the relevant resource agencies that must issue permits for construction of the Project or O &M of the Facilities. The Project Representatives shall review the revised PS &E in a timely manner and indicate their approval or disapproval of the same to SANTA ANA. SANTA ANA shall address the comments in the drafts. SANTA ANA shall promptly provide each Project Representative with a reproducible copy of the PS &E as well as a copy of all Project - related documents. SANTA ANA shall be responsible for retaining all consultants necessary to prepare the PS &E and Approved Plans in accordance with applicable law. 2.4 Right- of -Way 2.4.1 Prior to commencing construction, SANTA ANA shall obtain all necessary permits, easements, and any right of way necessary from landowners in order to use their respective properties for the construction and O &M of the Facilities. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. SANTA ANA shall be responsible for providing the legal descriptions required for right-of-way transactions needed for the Project, subject to the Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -17 Page 13 of 74 review and approval of the Parties which are to participate in the proposed right-of-way and /or interest transaction. 2.4.2 Prior to commencing Project construction, SANTA ANA shall work with OCFCD and JWA to obtain from the Irvine Company written concurrence that the proposed Project will not unreasonably interfere with their respective rights or interest in the subject property. 2.4.3 The Parties acknowledge the primary purpose of the OCFCD /COUNTY right -of -way for the proposed Diversion Structure is for flood control purposes and operation of the Channel. If future circumstances necessitate relocation of the Diversion Structure, or if design requires additional right -of -way for the Project beyond that anticipated to be provided, the Parties shall meet and confer in good faith to identify a preferred location or other alternatives which would not impede flood control operations. Costs of relocation shall be the responsibility of the Parties and shall be allocated among the Parties, other than OCWD and IRWD, based on Sponsorship shares as specified in Exhibit C2a attached herein. 2.5 Construction 2.5.1 SANTA ANA shall be responsible for bidding, awarding, and administering the construction contract(s) of the Project in accordance with the terms of this Agreement. 2.5.2 Upon compliance with CEQA, (and NEPA if applicable), certification and approval of all necessary environmental documents, approval by all of the Project Representatives of associated mitigation requirements, receipt of all regulatory agency approvals, final approval of the PS &E and Approved Plans, and acquisition of right -of -way necessary for all work necessary for the Project, then SANTA ANA shall advertise a contract for construction of the Project for formal bids per applicable sections of the California Public Contract Code. The Project Representatives shall have the opportunity to review all bids. If the lowest responsive and responsible bid would cause the Estimated Cost shown in Exhibit C3 (which includes the 20% contingency amount) to be exceeded, then the Project Representatives shall meet and confer and mutually agree by unanimous vote whether (i) SANTA ANA should award a contract for construction of the Project to the lowest responsive and responsible bidder, (ii) SANTA ANA should reject all bids and re -bid the Project, or (iii) the Parties shall terminate or amend this Agreement. If all conditions precedent to construction of the Project set forth in this Agreement have been satisfied, SANTA ANA shall award a construction contract to the lowest responsive, responsible bidder and enter into that contract with the Contractor. SANTA ANA shall obtain advance written approval from Parties Representatives for any construction contract change orders and the implementation thereof. 2.5.3 The Parties agree to cooperate in good faith and exercise best efforts in order to meet grant(s) requirements set forth in Exhibit F, to the best of their knowledge, and to assist the Project in complying with a project schedule established by SANTA ANA to meet the requirements of Project permits and approvals. In addition, certain activities necessary to complete the Project may result in delays, such as securing environmental certifications /approvals, permitting, securing rights -of -way, Force Majeure Events, and /or obtaining necessary approvals of the Parties relative to design and construction of the Project. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -18 Page 14 of 74 2.5.4 For purposes of this Section, a "Force Majeure Event" shall mean any of the following events that materially and adversely interferes with or increases the costs of performing SANTA ANA's obligations hereunder, provided that such event (or the effects of such event) could not have been avoided by SANTA ANA's use of reasonable efforts: naturally occurring events (such as landslides, underground movement, earthquakes, fires, tornadoes, hurricanes, floods, lightning, epidemics and other acts of God), Hazardous Material Management Activities (see Section 9), explosion, sabotage or other act of war or public enemy. 2.5.5 SANTA ANA shall require and ensure that the Contractor selected pursuant to this Section and each of the Contractor's subcontractors abide by the insurance requirements as specified in Exhibit G (Insurance, Bonds and Warranties), and name each Party and JWA as an additional insured, and that such Contractor's and subcontractors' indenmity, defense, hold harmless, and insurance obligations under SANTA ANA's agreement with the Contractor expressly benefit each other Party and JWA in the same manner and to the same extent as SANTA ANA. 2.5.6 SANTA ANA shall require and ensure that the Contractor, prior to commencement of construction, furnish a faithful performance bond, payment bond, and warranty bond in an amount equal to the estimated construction cost of the Facilities (including labor and materials) and to perform contract obligations. These bonds shall, at a minimum, comply with the requirements specified in Exhibit G. Each bond shall name the Parties and JWA as beneficiaries and grants each Project Representative the right to enforce the bond to complete the Facilities in compliance with all construction obligations including but not limited to those for warranties. SANTA ANA and the Project Representatives agree to not release the Contractor from its bond(s) without the first obtaining mutual written approval by the Project Representatives. 2.5.7 During construction, SANTA ANA shall provide access for purposes of inspection by any Project Representative to ensure that the Project work is being performed in accordance with the Approved Plans. Any Party's entry during construction upon COUNTY land shall require prior notice to JWA. 2.5.8 After construction, SANTA ANA shall submit to OCFCD Director for written approval a Notice of Completion of the Diversion Structure and any other Facilities on OCFCD and/or COUNTY right -of -way, which approval shall not be unreasonably delayed, and only after receiving approval, file /record the approved Notice of Completion and furnish OCFCD two copies of the Notice of Completion and one (1) set of Mylar (reversed fixed — line photo Mylar) copies and electronic files in a format acceptable to OCFCD of the approved "Record Drawings" for the Facilities within OCFCD and /or COUNTY right -of -way. Approval shall be withheld only for work not completed per the Approved Plans. 2.5.9 SANTA ANA agrees to not release the Contractor from its performance bond or irrevocable letter of credit obligations prior to receipt of written approval from JWA and the Director to the Notice of Completion. 2.5.10 SANTA ANA shall be responsible to maintain the Channel and all OCFCD and COUNTY improvements impacted by the Project and /or within Project construction areas, according to OCFCD /COUNTY and JWA standards and criteria, until OCFCD /COUNTY and Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -19 Page 15 of 74 JWA acceptance of the portion of the Facility within OCFCD, COUNTY, and /or JWA right -of- way in accordance with the terms herein. 2.6 Project Fund and Grant Administration 2.6.1 Within forty days of the Effective Date, SANTA ANA shall have established the Project Fund account in accordance with the terms herein and deposited into it any Grant funds and amounts paid by the Parties for Project in its possession. SANTA ANA shall be the Grant administrator and hold Grant funds and amounts paid by the Parties for Project Capital Costs in this separate Project Fund. SANTA ANA shall implement disbursements from the Project Fund to pay such Project costs as they become due and in accordance with the terms of the Grant and this Agreement. 2.6.2 SANTA ANA shall accept and use the OCWD's contribution of ONE MILLION DOLLARS and 00 /100 ($1,000,000.00), made pursuant to Paragraph 2.6.4 below, for the Project construction cost. The funds shall be made available through an escrow account and paid when construction is completed. 2.6.3 SANTA ANA shall keep appropriate records and accounts of all costs. Said records and accounts shall be subject to reasonable inspection by Project Representatives at their expense and by any Grant funding authorities. Said accounts and records may be audited annually by an independent certified public accounting firm appointed by SANTA ANA pursuant to generally accepted auditing standards. Costs incurred due to this section are to be paid by the Party or Parties initiating the inspection or audit. SANTA ANA agrees to remain at all times in compliance with the terms of the Grant. 2.6.4 SANTA ANA shall forward to OCWD a copy of the Notice of Completion approved by the Director with written request for payment of the ONE MILLION DOLLARS and 00 /100 ($1,000,000.00) pursuant to this Agreement. OCWD's contribution will be deposited into the Project Fund and used prior to SANTA ANA invoicing the remaining Parties as part of the final reconciliation of the Project Fund. 2.6.5 SANTA ANA shall provide Project Fund account statements with updated accounting reconciliations provided upon written request from a Project Representative. Any interest accrued on the Project Fund shall be for the benefit of the Project Fund. A final reconciliation and detailed accounting report will be provided by SANTA ANA upon completion of the Project to each Party. Within forty -five (45) calendar days of Project completion, any excess funds remaining in the Project Fund, minus any unexpended Grant funds, shall be distributed to the Parties per the proportionate shares specified in Exhibit C2. 2.7 Operation and Maintenance (O &M) 2.7.1 SANTA ANA shall be responsible for the preparation of the O &M Manual for the Facility and components thereof as part of the construction contract and its distribution to the Parties for review and approval by the Project Representatives. The Notice of Completion for the Facilities shall not be prepared until the O &M Manual has been approved. SANTA ANA agrees Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -20 Page 16 of 74 the Facilities shall be exclusively for the mutual use and benefit of all the Parties and those additional parties allowed pursuant Section 8 below. 2.7.2 Within forty (40) days of the Effective Date, SANTA ANA shall pay the amount of ONE MILLION DOLLARS and 00 /100 ($1,000,000.00) to OCFCD as the initial deposit of O &M funds into the O &M Account ( "Initial O &M Deposit "). 2.7.3 After exhaustion of the Initial O &M Deposits, SANTA ANA agrees to contribute to long -term O &M costs per its proportionate share as specified in Exhibit C2. 2.8 Project Costs 2.8.1 SANTA ANA shall be reimbursed for its actual Project Costs and actual design and construction administrations costs not to exceed the estimated amounts shown on Exhibit C3. SANTA ANA shall prepare invoices accordingly and shall be reimbursed from the Project Fund after sending its invoice(s) with documentation substantiating its actual costs to the Project Representatives within 30 days of reimbursement. SECTION 3 RESPONSIBILITIES OF OCFCD AND COUNTY 3.1 General Responsibilities 3.1.1 OCFCD and COUNTY ( "OCFCD /COUNTY ") shall review the Project plans and financially contribute toward the Project Fund as shown in Exhibit C2. Within forty (40) days of the execution of this Agreement, OCFCD and COUNTY shall deliver to SANTA ANA a lump sum amount for design, construction, and the annual O &M; not exceed ONE MILLION, SIX - HUNDRED THOUSAND ($1,600,000) as established per Exhibit C2, which will be deposited into the Project Fund Account. Upon sign -off of all related CPP at completion of Project construction according to the Approved Plan, OCFCD shall take ownership, ongoing long term O &M for the portion of the Facility located upon OCFCD, COUNTY and /or JWA right -of -way. 3.2 Environmental Review / Permitting 3.2.1 OCFCD/ COUNTY and JWA shall comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements obtained for the Project provided those commitments and conditions have been approved by the OCFCD /COUNTY Project Representative and applied to each Party's responsibilities under this Agreement. 3.2.2 OCFCD/ COUNTY Project Representative's prior review and approval of permit conditions and other resource agency approvals shall be required for any that affect or could impact the construction or O &M of the Diversion Structure within OCFCD or COUNTY right - of -way or facilities, or other OCFCD/ COUNTY O &M activities. 3.3 Design Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -21 Page 17 of 74 3.3.1 OCFCD, COUNTY and JWA shall review all draft and final design reports, calculations, and PS &E submitted by SANTA ANA for Project through the CPP process. Such OCFCD, COUNTY, JWA review and approval will be limited to review of the proposed Facilities on OCFCD, COUNTY or JWA right -of -way for conformance with OCFCD, COUNTY or JWA standards, criteria, customs, and practices; to review implications upon the Golf Lessee and proposed remedies, and to ensure the proposed will not interfere with the flood control function of the Channel. Subsequent to the OCFCD, COUNTY, JWA final PS &E approval that becomes the Approved Plans upon mutual acceptance by all Project Representatives, any material design change variance shall require mutual approval by all Project Representatives. Any design change which if implemented would materially alter the terms and financial obligations of the Parties shall require an amendment of this Agreement approved in writing by each Party's board or council. 3.4 Right of Way 3.4.1 Temporary Construction Easement Ninety (90) days prior to the commencement of any construction activities for the Project, JWA shall deliver to SANTA ANA a Temporary Construction Easement (TCE), substantially in the form of Exhibit D attached, signed and acknowledged by the Airport Director and approved by The Irvine Company in accordance with COUNTY's vesting document obligations. If requested by JWA, SANTA ANA shall provide a legal description in accordance with Section 2.4.1 above for this TCE in a form acceptable to The Irvine Company, COUNTY and OCFCD. 3.4.2 Easement Prior to the commencement of any construction activities for the Project, if deemed necessary, JWA shall deliver to the OCFCD's Director an easement deed substantially in the form of Exhibit E, with a legal description provided by SANTA ANA in accordance with Section 2.4.1 above that has been approved by The Irvine Company in accordance with the terms of COUNTY's vesting deed. The easement would convey rights to OCFCD needed for O &M of the portion of the Facilities located on COUNTY land. OCFCD /COUNTY /JWA legal and administrative costs associated with this easement are a Project cost in Exhibit C3. SANTA ANA shall receive invoices accordingly from JWA and COUNTY for payment of said costs. SANTA ANA shall pay invoices as they become due from the Project Fund. JWA and COUNTY shall keep appropriate records and accounts supporting amounts invoiced. Said records and accounts shall be subject to reasonable inspection by Project Representatives at their expense and by any Grant funding authorities. 3.5 Construction 3.5.1 In order to reduce Project costs, OCFCD, COUNTY and JWA shall waive any costs or fees with respect to the permits issued by either of them in furtherance of the Project. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -22 Page 18 of 74 3.5.2 During construction OCFCD, COUNTY and JWA, their agents, employees and contractors, shall have adequate access to Project areas, to perform their responsibilities pursuant to any issued CPP, this Agreement, and activities authorized under the Orange County Flood Control Act. OCFCD and COUNTY shall assign the Oversight Inspector to verify that construction of the Diversion Structure and other Facilities on OCFCD and COUNTY right -of- way are accomplished in a good, workman -like manner and in accordance with the Approved Plans per OCFCD and COUNTY standard. The Oversight Inspector shall notify JWA and SANTA ANA's Project inspector of any issue with construction per the terms of the CPP. 3.5.3 Upon receipt of notification by SANTA ANA that the Facilities (including the Diversion Structure) have been substantially completed, the CPP Inspector shall conduct a walls- through to provide a last of outstanding items, if any, needed to close out the construction permit. The Oversight Inspector shall communicate his /her concerns on all matters related to construction of Facilities within, or affecting OCFCD and /or COUNTY's right -of -way through SANTA ANA's Project inspector. Upon completion of the construction and satisfaction of all outstanding items, the Director shall provide SANTA ANA with written approval that construction of the Diversion Structure has been completed per the Approved Plans and the related CPP shall be signed off. Upon sign -off of all related CPP at completion of Project construction according to the Approved Plan, OCFCD /COUNTY shall take ownership and long -term O &M. 3.5.4 OCFCD /COUNTY costs associated with the Oversight Inspector, CPP, and any other independent inspection of the Project construction are a Project cost in Exhibit C3. SANTA ANA shall receive invoices accordingly through CPP for payment of said costs. SANTA ANA shall pay invoices as they become due from the Project Fund. OCFCD /COUNTY shall keep appropriate records and accounts supporting amounts invoiced. Said records and accounts shall be subject to reasonable inspection by Project Representatives at their expense and by any Grant funding authorities. 3.6 Grant 3.6.1 OCFCD /COUNTY acknowledges the Project is made possible by virtue of certain Grants and agrees to make every effort to assist and cooperate with SANTA ANA, the Grant Administrator, for the Project to remain in full compliance with the terms of the Grant. 3.7 Operation and Maintenance 3.7.1 Upon OCFCD /COUNTY acceptance of Facilities within OCFCD /COUNTY and/or JWA right -of -way, OCFCD shall either perform Facility O &M or alternatively, OCFCD shall enter into a contract for a third party ( "O &M Contractor ") to perform the Facilities O &M. The Facilities shall be operated and maintained in accordance with the terms approved by the Director as set forth in the O &M Manual. An approved O &M Manual pursuant to Section 2.7 above and O &M contracts covering the entire Facilities shall be provided to OCFCD /COUNTY, JWA and COSTA MESA by SANTA ANA prior to completion of Project construction to ensure long -term Facility O &M. In the case where OCFCD or COSTA MESA has chosen to perform their respective O &M duties without the aid of an independent contractor, an O &M contract may not be required. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -23 Page 19 of 74 3.7.2 OCFCD and COSTA MESA shall ensure their O &M Contractor and those performing O &M abide by the Insurance Requirements as specified in Exhibit G (Insurance, Bonds, and Warranties), and name each Party and JWA as an additional insured, and that such Contractor's and subcontractors' indemnity, defense, hold harmless, and insurance obligations under their respective O &M contract with the Contractor and that it expressly benefit each other Party and JWA in the same manner and to the same extent as if they were the original signatories of said contract. OCFCD and COSTA MESA shall further ensure workers including third party contractors follow the O &M Manual and other maintenance manuals or guides for the Facilities. 3.7.3 Within fifteen (15) days of written notice from a Project Representative of a necessary repair and /or replacement or other remedial action for compliance with the O &M Manual or this Agreement, the O &M Contractor, OCFCD and/or COSTA MESA depending upon the location in need of said work shall promptly take action to perform the necessary work. Should that party not commence or diligently work toward completion of the repairs, replacement, and /or remedy required, the Project Representative may perform or cause the repairs, replacement, and/or remedy to be completed, and the costs thereof may be reimbursed from an O &M Fund. 3.7.4 If in the course of normal O &M Facility operations, OCFCD /COUNTY notice unusual types and quantities of debris and trash collected at the Facility, the Director will so notify the Parties who may discuss what upstream debris and hash reduction measures should be implemented in the tributary system to resolve this issue which would be addressed in a separate agreement, not included within obligations herein. Costs to implement these measures, as possible, will not be assessed against an O &M Fund unless agreed to by the Parties. Each Party shall maintain its infrastructure, as needed, to minimize the conveyance of any debris and trash to the Diversion Facility. If unusual amounts of debris are found in the Facility, the Parties will discuss what upstream debris and trash reduction measures should be implemented in the tributary system to resolve this issue. 3.7.5 Operational and Maintenance Costs Within 40 days of the Effective Date, SANTA ANA shall disburse an upfront, lump -sum initial $1,000,000 payment into the O &M Fund of OCFCD as the Initial O &M Deposit. A Party's proportionate share obligation to fund Additional Annual O &M Costs are to be paid as indicated on Exhibit C2 on, or before January I" of each year, or as otherwise established in writing by the Parties. OCWD and IRWD shall not have any obligation to fund Additional O &M Costs. Amounts paid by the Parties for Additional Annual O &M may be deposited into separate O &M Fund accounts held by either OCFCD or COSTA MESA designated for O &M of the Facilities. OCFCD and COSTA MESA shall pay costs out of their respective O &M Funds as they become due and in accordance with the terms of this Agreement. COSTA MESA O &M Fund and charges are addressed in Section 5. 3.7.6 Overhead 3.7.6.1 All O &M costs for Project Facilities allocated to the Parties in accordance with the terms herein shall include the cost of OCFCD /COUNTY labor, services and equipment, determined on a time and material basis, using the actual number of man -hours and equipment -hours required Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -24 Page 20 of 74 (including travel time to and from their respective facilities), multiplied by the applicable rates for the crew members and equipment deployed. After -hours services (defined as between 5:00 p.m. on a working day and 7:00 a.m. on the next, following work -day; a "work day" shall exclude Saturday, Sundays and designated holidays for OCFCD /COUNTY unless otherwise approved by the respective Project Representative for OCFCD /COUNTY) will be charged at time and a half. Equipment and material rates shall be approved by the Project Representative for OCFCD /COUNTY and in accordance with OCFCD /COUNTY'S respective standards and practices. 3.7.6.2 The labor rates are comprised of direct and indirect components. The direct labor rate component is adjusted periodically by the authorized representatives of OCFCD /COUNTY as salary adjustments, which may include cost of living, competitive wage, benefit and annual hourly -rate schedule increases. The indirect component of the labor rate reflects the general and administrative cost, which shall include burden rates as established by OCFCD /COUNTY covering costs associated with overhead, contract management and other services provided ( "Burden Rate "). As of the Effective Date, the Burden Rate for OCFCD /COUNTY is Seventy Four Point Three Six Percent (74.36 %). The Parties aclnowledge said Burden Rate is subject to change, and agree to pay the Burden Rate in effect when labor, services or equipment are provided. 3.7.7 Nuisance Prevention Measures. The Parties acknowledge the Diversion Structure is situated on COUNTY land with certain recorded deed restrictions and conditions prohibiting use of the land for any purpose which would constitute a nuisance or be offensive to the senses, health or safety of persons occupying the land or adjoining land. The Parties further agree OCFCD /COUNTY, the Director, an O &M Contractor or any party upholding the O &M duties of those portions of the Facilities on COUNTY land may take any reasonable action and incorporate cleaning and maintenance measures designed to reduce or eliminate odors or others aspects of the Facilities or Project at the site which might violate the aforementioned nuisance deed restrictions or to remedy a matter of particular concern they have been alerted to by person occupying the land or adjoining land. Costs associated with any such action, measure, and communications concerning these matters shall be reimbursed from the O &M Fund or Reserve Fund. The schedule for regular occurring maintenance, removal and hauling of trash and debris may be adjusted at the Director's sole discretion. The O &M Manual shall not limit the ability to adapt maintenance procedures or restrict implementation of alternate preventive measures to avoid the presence of a nuisance. 3.7.8 Hauling, Disposal and Discharge Costs. Facilities O &M requires the handling, extraction, hauling and disposal of solids and the discharge of diverted flows; therefore, the Parties, with exception of OCWD and IRWD, agree to jointly share in the responsibility for any such costs and charges associated therewith. Each Party shall pay its respective proportionate share of these costs as an O &M cost obligation. Notwithstanding the foregoing, the Parties agree to abide the terms in Section 9 (Hazardous Material) concerning the presence of a hazardous or toxic substances, material or waste and that this section shall not be interpreted as restricting or limiting a Party's hazardous material responsibilities herein or under federal or state law. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -25 Page 21 of 74 3.7.9 Reserve Fund. After exhaustion of the Initial O &M Deposit, a portion of the O &M fund may be deposited and designated as the Reserve Fund which is to be used to repair or replace the Facilities, Project - related Channel improvements and/or appurtenances, or portions thereof, damaged due to a catastrophic event (e.g. a severe storm, seismic activity, or fire). . COSTA MESA may utilize Reserve Funds for the portions of the Facilities it shall own and maintain by having their Project Representative send a written request with supporting documentation to the Director that specifies use of funds consistent with Reserve Fund purposes. The Director shall provide Reserve Fund account statements with the annual O &M Fund reporting. Additional Annual O &M Costs contributions from the Parties, in accordance with the terms herein, are to be used to replenish the O &M Fund and Reserve Fund. . 3.7.10 Additional Annual O &M Costs A Party's proportionate share obligation to fund Additional Annual O &M Costs are to be paid as indicated on Exhibit C2 to OCFCD on, or before January lst of each year, or as otherwise established in writing by the Parties. OCWD and IRWD shall not have any obligation to fund Additional O &M Costs. OCFCD shall pay costs out of its O &M Fund as they become due and in accordance with the terms of this Agreement. 3.7.11 After exhaustion of the Initial O &M Deposit, OCFCD /COUNTY agree to contribute to long term O &M costs per its joint proportionate share as specified in Exhibit C2. 3.7.12 Records OCFCD shall maintain a complete set of records and accounts of all O &M Costs, maintenance activities and schedules in accordance with generally accepted accounting principles. Upon reasonable notice, OCFCD shall permit a Party or Parties' Project Representatives to inspect and audit all work, materials, payroll, books, accounts, and other data and records of OCFCD. Project Representatives shall also have the right to reproduce any such books, records, and accounts. The above provisions with respect to audits shall extend to and /or be included in contracts with OCFCD'S contractors. Costs incurred pursuant to this section are to be paid by the Party or Parties initiating any inspection or audit. 3.7.13 O &M Cost Annual Report OCFCD shall provide Sponsors an annual report of O &M Account transactions; that includes, O &M Costs, the O &M Fund of OCFCD and any Reserve Fund maintained by OCFCD. Should the Initial O &M Deposit be depleted to less than $400,000 by the end of the fifth year of Facility operations, OCFCD shall so notify all Project Representatives who may meet and confer to evaluate if changes in O &M and fiscal strategies should be implemented, and to ensure enough funds by the Sponsors are available for OCFCD and COSTA MESA to satisfy their respective O &M responsibilities. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -26 Page 22 of 74 SECTION 4 RESPONSIBILITIES OF NEWPORT BEACH 4.1 General Responsibilities NEWPORT BEACH shall review the Project's plans and financially contribute toward the Project Fund as indicated in Exhibit C2. 4.2 Environmental Review; Permitting NEWPORT BEACH shall comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements obtained for the Project as those commitments and conditions apply to their responsibilities under this Agreement. Notwithstanding the foregoing, NEWPORT BEACH through its designated Project Representative shall review and approve all permit conditions and other resource agency approvals that affect the construction and O &M of the Facilities, or any portion thereof within its jurisdiction and in, on, or about its right -of -way as to its respective compliance with applicable Regulations. 4.3 Design NEWPORT BEACH shall review all draft and final Project design reports, and PS &E submitted for their approval and shall have its Project Representative respond in writing to SANTA ANA as to a submittal's review for approval in a timely manner. Subsequent to approval of the final design, any material design change variance shall require mutual approval by the Project Representatives. 4.4 Right of Way As indicated in the Preliminary Plan (Exhibit B) no pipelines for the Project are proposed to be installed within the public right -of -way of NEWPORT BEACH. However, in the event the final design necessitates the use of public right -of -way and in order to reduce Project costs, provided that a request is in compliance with all permits and regulatory approvals, NEWPORT BEACH shall allow the Project Facilities or portion thereof (including the aforementioned pipelines) to be constructed, operated, and maintained, after an appropriate review, within its respective right of way. Any additional project costs shall be shared by the Parties other than OCWD and IRWD. 4.5 Construction NEWPORT BEACH shall waive any costs or fees with respect to the permits issued by it in furtherance of the Project. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. Prior to SANTA ANA's construction completion of the Diversion Structure and other Facilities, NEWPORT BEACH shall have its respective Project Representative conduct a walk - through to promptly review the improvements and provide any comments. Upon satisfaction of any and all Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -27 Page 23 of 74 the comments or items, NEWPORT BEACH shall have its Project Representative provide written approval to SANTA ANA that the Facilities have been constructed in accordance with the Approved Plans or are otherwise acceptable. 4.6 Contribution 4.6.1 Within forty (40) days of the execution of this Agreement, NEWPORT BEACH shall deposit a lump sum amount of ONE MILLION, FIVE - HUNDRED THOUSAND DOLLARS and 00/100 ($1,500,000.00), as established per Exhibit C3, into the Project Fund Account. 4.6.2 After exhaustion of the Initial O &M Deposit, NEWPORT BEACH agrees to contribute to long term O &M costs per its joint proportionate share as specified in Exhibit C2. SECTION 5 RESPONSIBILITIES OF COSTA MESA 5.1 General Responsibilities COSTA MESA shall review the Project plans and financially contribute toward the Project Fund as shown in Exhibit C2. In furtherance of the Project, Costa Mesa may include the installation of a segment of the Project's force main in conjunction with one of their City's current construction contracts. In this case, costs to construct this portion shall off -set its financial contribution shown in Exhibit C2. Upon completion of the Project, COSTA MESA shall take ownership, ongoing long -term O &M responsibilities for the Project force main or pipeline, excluding those portions which are part of the Facilities located on OCFCD, COUNTY and/or JWA right -of -way. 5.2 Environmental Review / Permitting. COSTA MESA shall comply with all of the commitments and conditions set forth in the environmental documentation, enviromnental permits, approvals, and applicable agreements obtained for the Project as those commitments and conditions apply to its responsibilities under this Agreement. Notwithstanding the foregoing, COSTA MESA through its designated Project Representative shall review and approve all permit conditions and other resource agency approvals that affect the construction and O &M of those portions of the Facilities not on OCFCD, COUNTY and /or JWA right -of -way as to its respective compliance with applicable Regulations. 5.3 Design COSTA MESA shall review all draft and final Project design reports, and PS &E submitted for its approval and have its Project Representative respond in writing to SANTA ANA in a timely manner. Subsequent to approval of the final design, any material design change variance shall require mutual approval by the Project Representatives. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -28 Page 24 of 74 5.4 Right of Way As indicated in the Preliminary Plan Exhibit B) pipelines for the Project are proposed to be installed within the public right -of -way of COSTA MESA. In order to reduce Project costs, provided that a request is in compliance with all permits and regulatory approvals, COSTA MESA shall allow the Project Facilities or portion thereof (including the aforementioned pipelines) to be constructed, operated, and maintained within its respective right of way at no additional cost. 5.5 Construction In order to reduce Project costs, COSTA MESA shall waive any costs or fees with respect to the permits issued by it in furtherance of the Project. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. Upon receipt of notification that the Facilities or separately constructed portions thereof have been substantially completed, COSTA MESA shall have its Project Representative conduct a walls- through to promptly review the improvements and provide any comments as to any portion of the Facilities not on OCFCD, COUNTY and/or JWA right -of -way. Upon satisfaction of any and all the continents or items, COSTA MESA shall have its Project Representative provide written approval to SANTA ANA that said Facility components have been constructed in accordance with the Approved Plans or otherwise acceptable. Said notice shall be deemed COSTA MESA'S acceptance of ownership and maintenance responsibility for the portions of the Facilities not on OCFCD, COUNTY and/or JWA right -of -way. 5.6 Contribution 5.6.1 Within forty (40) days of the execution of this Agreement, COSTA MESA shall deposit a lump sum amount of SIX - HUNDRED THOUSAND DOLLARS AND 00 /100 ($600,000.00), as indicated in Exhibit C2, into the Project Fund Account. COSTA MESA has the option to construct a segment of the force main in conjunction with one of their construction contracts; in this case, costs expended to construct this portion shall off -set their financial contribution as established herein; in which their portion of the $600,000 shall be used. SANTA ANA shall advance COSTA MESA, under separate agreement, the $600,000 and any additional funds required for the construction of a portion of the force main with one of their construction contracts. COSTA MESA shall reimburse SANTA ANA as stipulated per their agreement. 5.7 Operation and Maintenance 5.7.1 Upon COSTA MESA acceptance of certain Facility pipeline and appurtenant components, COSTA MESA or its contractor shall perform the O &M for said improvements with all expenses and costs reimbursed from an O &M Fund, as specified in Section 3.7.3 or Reserve Fund. The Facilities shall be operated and maintained in accordance with the terms as set forth in the O &M Manual. COSTA MESA shall ensure any of its contractors performing O &M on the Facilities abide by the Insurance Requirements as specified in Exhibit G (Insurance, Bonds, and Warranties), and name each Party and JWA as an additional insured, and Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -29 Page 25 of 74 that such contractor's and subcontractors' indemnity, defense, hold harmless, and insurance obligations under their respective contract expressly benefit each other Party and JWA in the same manner and to the same extent as if they were the original signatories of said contract. COSTA MESA shall further ensure workers including third party contractors follow the O &M Manual and other maintenance manuals or guides for the Facilities. 5.7.2 Within twenty (20) days of written notice from a Project Representative of a necessary repair and /or replacement or other remedial action for compliance with the O &M Manual or this Agreement within those portions of the Facilities owned and maintained by COSTA MESA, COSTA MESA shall promptly take the remedial action to perform or have its contract perform the necessary work. Should it not commence or diligently work toward completion of the repairs, replacement, and/or remedy required, OCFCD may perform or cause the repairs, replacement, and/or remedy to be completed, and the costs thereof may be reimbursed by invoicing the other Parties according to their proportionate share as shown in Exhibit C2 and the terms herein. 5.8 Additional Annual O &M Costs 5.8.1 A Party's proportionate share obligation to fund Additional Annual O &M Costs are to be paid as indicated on Exhibit C2 on, or before January 15t of each year, or as otherwise established in writing by the Parties. OCWD and IRWD shall not have any obligation to find Additional O &M Costs. COSTA MESA shall pay costs out of its O &M Funds by collaborating with OCFCD to acquire said funds for Facility O &M Costs in accordance with the terms of this Agreement. 5.9 O &M or Reserve Fund Utilization 5.9.1 In addition to reimbursement for payment of expenses, COSTA MESA may recover as O &M costs allocated to the Parties in accordance with the terms herein its labor, services and equipment costs determined on a time and material basis, using the actual number of man -hours and equipment -hours required (including travel time to and from their respective facilities), multiplied by the applicable rates for the crew members and equipment deployed. After -hours services (defined as between 5:00 p.m. on a working day and 7:00 a.m. on the next, following work -day; a "work day" shall exclude Saturday, Sundays and designated holidays for COSTA MESA unless otherwise approved by the respective Project Representative for COSTA MESA) will be charged at time and a half. Equipment and material rates shall be approved by the Project Representative for COSTA MESA, as the case may be, and in accordance with its respective standards and practices. 5.9.2 The labor rates are comprised of direct and indirect components. The direct labor rate component is adjusted periodically by the authorized representatives of COSTA MESA as salary adjustments, which may include cost of living, competitive wage, benefit and annual hourly -rate schedule increases. The indirect component of the labor rate reflects the general and administrative cost, which shall include COSTA MESA Burden Rate. As of the Effective Date, the Burden Rate for COSTA MESA is 89 %. The Parties acknowledge said Burden Rate is subject to change, and agree to pay the Burden Rates in effect when labor, services or equipment are provided. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -30 Page 26 of 74 5.9.3 COSTA MESA may utilize Reserve Funds to repair or replace the Facilities or portions thereof, damaged due to a catastrophic event (e.g. a severe storm, seismic activity, or fire) by sending a written request with supporting documentation to the Director that specifies a use of funds consistent with Reserve Fund purposes. Upon completion of work paid with Reserve Funds, COSTA MESA shall send OCFCD an accounting of expended funds and return any unused funds for deposit back into the Reserve Account. 5.9.4 After exhaustion of the Initial O &M Deposit COSTA MESA agrees to contribute to long term O &M costs per its joint proportionate share as specified in Exhibit C2. 5.10 Records COSTA MESA shall maintain a complete set of records and accounts of all O &M costs, maintenance activities and schedules in accordance with generally accepted accounting principles. Upon reasonable notice, COSTA MESA shall permit a Party or Parties' Project Representatives to inspect and audit all work, materials, payroll, books, accounts, and other data and records of COSTA MESA. Project Representatives shall also have the right to reproduce any such books, records, and accounts. The above provisions with respect to audits shall extend to and /or be included in contracts with COSTA MESA'S contractors. Costs incurred due to this section are to be paid by the Party or Parties initiating any inspection or audit. SECTION 6 RESPONSIBILITIES OF IRWD 6.1 General Responsibilities IRWD shall review the Project's plans and financially contribute toward the Project Fund as shown on Exhibit Cl. 6.2 Environmental Review; Permittin¢ IRWD shall comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements obtained for the Project as those commitments and conditions apply to its responsibilities under this Agreement. 6.3 Design IRWD shall review all draft and final Project design reports, and PS &E submitted for its approval. IRWD's Project Representative shall respond in writing to SANTA ANA as to a submittal's review for approval in a timely manner. Subsequent to approval of the final design, any material design change variance shall require mutual approval by the Project Representatives. 6.4 Right of Way - Intentionally deleted Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -31 Page 27 of 74 6.5 Construction IRWD shall waive any costs or fees with respect to the permits issued by IRWD in furtherance of the Project. The terms and conditions of the permits shall be consistent with this Agreement, and in the case of a conflict, the terms and conditions of this Agreement shall control. Prior to SANTA ANA's construction completion of the Diversion Structure and other Facilities, IRWD shall have its Project Representative conduct a walk- through to promptly review the improvements and provide any cornrnents. Upon satisfaction of any and all the comments or items, IRWD shall have its Project Representative provide written approval to SANTA ANA that the Facilities have been constructed in accordance with the Approved Plans or are otherwise acceptable. 6.6 Contribution 6.6.1 Within forty (40) days of the later of (i) execution of this Agreement or (ii) the expiration of the applicable challenge periods for the Project environmental documentation or (iii) the resolution of all court actions challenging such environmental documentation, IRWD shall make a one -time lump stun payment of ONE HUNDRED AND NINETY -FIVE THOUSAND DOLLARS ($195,000), as denoted per Exhibit CI, into the Project Fund Account. 6.6.3 IRWD shall not be obligated to pay or contribute to O &M costs or required to contribute to the Reserve Fund for the Facility. Provisions in this Agreement stating IRWD's non- responsibility for particular costs or contributions shall not limit the generality of this Section. 6.7 Discharges During the Term 6.7.1 IRWD shall have the right to continue to apply for permits consistent with the terms and conditions of IRWD's existing CPP issued permits Nos. 2015- 00435, 2015- 00443, 2015- 00444, 2015- 00445, 2015- 00461, 2015- 00439, 2015 -00440 and 2015 -00441 allowing for their discharge(s) into Santa Ana Gardens Channel (which further discharges to the Channel) from its Well Nos. IRWD -1, IRWD -11, IRWD -C -8, and IRWD -C -9, and directly into the Channel from its Well Nos. IRWD -2, IRWD -4, IRWD -5 and IRWD -6, or any replacements to these wells in kind, with similar discharge release, quantities and timing. 6.7.2 COUNTY shall not unreasonably cancel or withhold renewal of any such discharge permits to IRWD, which are in full compliance and effect on the Effective Date, on substantially the same terms and conditions, provided IRWD abides by COUNTY's permit application and renewal process with payment of applicable standard fees. SECTION 7 ORANGE COUNTY WATER DISTRICT 7.1 General Responsibilities The Project proposes to divert dry- weather flows an Orange County Sanitation District ( "OCSD ") trunk line for conveyance to its sanitary sewer treatment plant and thereafter to the Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -32 Page 28 of 74 OCWD Groundwater Replenishment System. In furtherance of the Project, OCWD will make a one -time, lump -sum payment of ONE MILLION DOLLARS ($1,000,000) toward the Project construction costs ( "OCWD Project Contribution ") pursuant to the terms and conditions provided herein. OCWD shall have no responsibility for the design, construction, operation, maintenance or repair of the Project. OCWD's sole responsibility under this Agreement shall be payment of the OCWD Project Contribution in accordance with the terms herein. 7.2 Environmental Review; Permitting. Intentionally deleted 7.3 Design. Intentionally deleted 7.4 Right of Way. Intentionally deleted 7.5 Construction. Intentionally deleted 7.6 Contribution. Within fifteen days of receipt from SANTA ANA of a copy of the issued Notice of Completion, OCWD shall pay SANTA ANA the OCWD Project Contribution. OCWD shall not be responsible for sharing the O &M Costs to operate and maintain the Facility or required to contribute to the Reserve Fund for the Facility. 7.7 Water Recipient. OCWD agrees to receive water generated by the Project by allowing flows which are diverted by the Project into an OCSD trunk line and sanitary treatment plant to be conveyed via transmission pipelines into OCWD's Groundwater Replenishment System. The Parties mutually agree that neither the Project nor operation of the Facilities shall require OCWD to pay for its receipt of the Project's water (other than OCWD's payment of the OCWD Project Contribution). Nothing contained in this Agreement or in any document related hereto shall be construed to imply any representation or warranty, either express or implied, by any Party as to the quantity, quality, nature or condition of water or flows diverted by virtue of the Project or a guarantee with regard to water rights or any interest therein. SECTION 8 INDEMNIFICATION 8.1 In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Government Code, each Party, pursuant to the authorization contained in Sections 895.4 and 895.6 of the Government Code, hereby agree to and shall indemnify and hold harmless the other Parties as provided in this Section. 8.2 SANTA ANA shall assume the defense of, indemnify and hold harmless the other Parties and JWA, and each of their elected or appointed officers, employees, officials, volunteers, and Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -33 Page 29 of 74 agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the Diversion Structure, the Facilities and /or the Project or implementation of this Agreement, including claims or liability associated with SANTA ANA's responsibilities herein, including but not limited to, environmental compliance, design, construction, replacement, use, operation, maintenance, and/ or repair, of the segment of Channel impacted by the Project, the Diversion Structure, and /or the Facilities, or resulting from SANTA ANA's breach of its obligations under the Agreement, except to the extent such actions, damages, claims, losses, expenses or liabilities have arisen from or relate to the willful misconduct or negligent acts of the indemnified Party, or result from such Party's breach of its obligation(s) under the Agreement. 8.3 Each of the Parties, other than SANTA ANA and OCWD, shall assume the defense of, indemnify and hold harmless the other Parties and JWA, and each of their elected or appointed officers, employees, officials, volunteers and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the willful misconduct or negligent acts or omissions of, or result from the breach of this Agreement by, such Party in connection with its participation in the Project or use of the Diversion Structure or other component of the Facilities, except to the extent such actions, damages, claims, losses, expenses or liabilities have arisen from the willful misconduct or negligent acts or omissions of, or result from the breach of this Agreement by, the indemnified Party. If judgment is entered against all the Parties by a court of competent jurisdiction because of the concurrent active negligence or improper acts of one or more Parties, the Parties agree that liability will be apportioned as determined by the court. No Party shall request a jury apportionment. 8.4 To the fullest extent permitted by law, each of the Parties other than IRWD, shall defend, indemnify, protect, and hold harmless OCWD, its officers, agents, employees, and independent contractors (OCWD Indemnitees) from and against any and all liabilities, actions, suits, claims, demands, losses, costs, tortious, contractual, condemnation, inverse condemnation, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims "), including but not limited to Claims arising from injuries to or death of persons, for damage to property, or liability of any kind or nature which OCWD Indemnities may sustain or incur upon them or any of them as a result of, arising out of, or in any way connected with this Agreement, use, operation, maintenance, replacement, and/ or repair of improvements, the segment of Channel in association with the Project, the Diversion Structure, and Facilities or portions thereof, from any violation of any federal, state, or local law or ordinance, except to the extent such Claims are alleged to be proximately caused by the negligent acts, omissions or willful misconduct of OCWD Indemnities in connection with or arising out of this Agreement, or the performance or breach of this Agreement or the O &M Manual. SECTION 9 HAZARDOUS MATERIAL "HM -1" is defined as hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law existing prior to the Project Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -34 Page 30 of 74 and not disturbed by the Project. "HM -2" is defined as hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the Project or as a result of the Project. "HM Management Activities" is defined as management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements, clean-up and disposal facility designations. If HM -1 or HM -2 is found during Project implementation, SANTA ANA will immediately notify the Parties. The Parties are responsible for any HM -1 found within property they own to the extent provided by applicable law, and entry into this Agreement shall not cause that liability to be assumed by or transferred to any other Party. If HM -1 is discovered, the Parties will meet to determine the most cost- effective solution to deal with the HM -1 including, but not limited to, changes to the Project. Unless otherwise mutually agreed by the Parties, other Parties shall not be responsible for the cost of HM Management Activities related to HM -1 on another Party's property, if any. If HM -2 is found within Project limits, SANTA ANA will be responsible for HM Management Activities related to HM -2 within the Project limits. HM -2 related HM Management Activities during construction shall be paid as a Project construction cost. HM -2 related HM Management Activities after construction shall be paid from an O &M Fund in accordance with the terns herein. SECTION 10 REGULATORY CREDITS & OFFSETS If the Project is considered a qualified offset program by the Regional Board, such that load reductions create regulatory credits or offsets that may be traded among the Parties or collectively traded or sold to others by actions taken by a Party's Project Representative, the Parties agree that the credits will accrue to the Sponsors in proportion to their Sponsorship Share on Exhibit C2a or C2b, whichever is then in effect. Prior to offering its regulatory credits or offsets for trade or sale to others, a Sponsor through its associated Project Representative shall first present such offer to the other Sponsors' Project Representatives who shall have a first right of refusal, to acquire according to their Sponsorship Share. SECTION 11 ADDITIONAL POINT SOURCE PARTICIPANTS 11.1 At any time the Project Facilities becoming operational, additional parties may wish to participate in the Project. Parties may initiate negotiations with others that move into the Watershed Area, such that they could enter into an agreement as an Additional Participant to receive regulatory compliance, offsets or credits offered by the Project, provided that the party appropriately contributes toward the O &M costs. 11.2 Additional Participants shall enter into an agreement with a term coinciding with this Agreement that is signed by all Parties. The Additional Participant shall agree to comply with the terms and conditions herein (excluding those pertaining solely to the Project's design and construction) and to pay invoices for their Cost Share of O &M costs within forty (40) days of receipt of an invoice. Each Additional Participant shall indemnify and hold the Parties and JWA and each of their elected or appointed officers, employees, officials, volunteers, and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -35 Page 31 of 74 expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the willful misconduct or negligent acts or omissions of, or result from the breach of this Agreement by, such Party in connection with its participation in the Project or use of the Diversion Structure or other component of the Facilities. Additional Participants shall not have a Project Representative for this Agreement, unless such party later becomes an assignee or successor of a Party. 11.3 After entering into an Additional Participant agreement the Parties may amend the Cost Share percentages, with any material alteration in the financial obligations of the Parties requiring an amendment to this Agreement to be approved in writing by the Party's board, council, or governing body. Additional Participants' Cost Share shall include a premium above what is attributable to theta by virtue of their Watershed acreage percentage, percentage of discharge or acknowledged benefit. An additional One Point Five Percent (1.5 %) premium shall be paid by the Additional Participant into an O &M Fund. The amotmt of premium may be revised by written approval of the Project Representatives. SECTION 12 SUCCESSORS AND ASSIGNS This Agreement shall inure to and be for the benefit of the successors and assigns of the Parties hereto. A Party shall not assign or delegate its responsibilities or performance under this Agreement, nor any part thereof, without the prior written consent of the non - assigning Parties. Prior to any such assignment or conveyance, that Party shall provide the Project Representatives with the proposed assignee's written assumption of all of the respective Party's responsibilities and obligations pursuant to this Agreement. Such consent shall not be unreasonably withheld. Any purported assignment, conveyance or encumbrance of any of the Facilities without such unanimous written consent shall be null and void. In the event of any assignment, conveyance, and /or encumbrance of a Party's respective interests in the Watershed Drainage Area right-of-way, that Party shall provide the other Parties at least three (3) months' written notice of any such proposed transaction or event. SECTION 13 ATTORNEY'S FEES Unless otherwise specified herein, in any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, the Parties shall each bear their own attorney's fees, costs and expenses. SECTION 14 ENTIRE AGREEMENT; GOVERNING LAW; AMENDMENT; COUNTERPART; AVAILABILITY OF FUNDS 14.1 Entire Agreement. This Agreement including the Exhibits and all applicable permits and CPP constitutes the entire agreement between the Parties hereto and supersedes all prior agreements and understandings, both written and oral, among the Parties with respect to the subject matter hereof. Notwithstanding the foregoing, this provision shall not release any Party Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -36 Page 32 of 74 from any obligations under any prior agreements to be performed through the Effective Date or from any obligations of indemnification based upon events occurring prior to the Effective Date, This Agreement shall be construed as if prepared by all Parties hereto. 14.2 Governing Law. California law shall govern the interpretation of this Agreement. Any action or proceeding brought to enforce the Agreement, or related to the Agreement, shall be brought in Orange County, California, notwithstanding the provisions of California Code of Civil Procedure Section 394. 14.3 Amendment. Any amendment to this Agreement shall be made in writing and signed by all of the Parties hereto. 14.4 Counterpart. The Agreement and any amendment hereto may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 14.5 Availability of Funds. All obligations of the Parties, including those exercised through the Project Representatives, under the terms of this Agreement are subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating any Party to expend or as involving any Party in any other contract or obligation for the future payment of money in excess of appropriations authorized by law. SECTION 15 NOTICES Any notices given pursuant to the Agreement or regarding matters contained within this Agreement shall be deemed delivered upon personal delivery or five (5) days after deposit in the United States Mail, first class, postage prepaid, addressed to the Project Representative of each Party at the address included in the signature section. Notice under this Agreement shall be given to each Party and JWA using the following contact information, unless any Project Representative gives notice of a change in Project Representative or contact information pursuant to this Section, in which case the new information shall be substituted for the information set forth in this Section. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -37 Page 33 of 74 Citv of Santa Ana Tyrone Chesanek, P.E. Principal Civil Engineer Public Works Agency - Construction 20 Civic Center Plaza M -22 Santa Ana, CA 92702 Phone: (714) 647-5045 Email: tchesanek @santa- ana.org City of Newport Beach Dave Kiff City Manager 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3001 Email: dkif£ @newportbeachca.gov City of Costa Mesa Bahazar Mejia Acting City Engineer Public Services 77 Fair Drive, 40` Flr Costa Mesa, CA. 92626 Phone: (714) 754 -5222 Email: NABIL.TOMA @costamesaca.gov OCWD John Kennedy Executive Director of Engineering and Water Resources Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Phone: (714) 378 -3304 Email: jkennedy @ocwd.com County of Orange/ Orange County Flood Control District Director OC Public Works 300 North Flower Street Santa Ana, CA 92703 -5000 Facsimile: (714) 834 -2395 RE: D15 -013 FO1 Diversion Project with copy to: John Wayne Airport Airport Director Barry A. Rondinella 3160 Airway Avenue Costa Mesa, CA 92626 Facsimile: (949) 252 -5044 RE: Santa Ana -Delhi Diversion Project IRWD General Manager Irvine Ranch Water District 15600 Sand Canyon Ave Irvine, CA 92716 Phone: (949) 453 -5300 Facsimile: (949) 453 -1228 Email: cook@irwd.com Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -38 Page 34 of 74 SECTION 16 SEVERABILITY If any covenant, term, condition, or provision of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law unless that covenant, term, condition, or provision declared to be invalid is so material that its invalidity deprives any Party of the basic benefit of its bargain or renders the remainder of this Agreement meaningless. SECTION 17 NO THIRD PARTY BENEFICIARIES No customer, other person or entity other than the Parties and JWA shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement, either express or implied, is intended to confer upon any other person or entity, other than the Parties and JWA and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. SECTION 18 DISPUTE RESOLUTION The Parties desire to resolve as quickly and as amicably as possible any disputes as to the meaning of any portion of this Agreement, the validity of any determination or calculation, or the rights or obligations of the Parties pursuant hereto. Therefore, prior to initiation by a Party of any litigation or other proceeding in connection with this Agreement, the Parties shall meet and make good -faith efforts to resolve any such disputes on an informal basis. The Party that first raises a claim against any other Party in connection with a dispute shall be responsible for providing written notice to such other Party or Parties and initiating the informal dispute resolution efforts. Such informal efforts may include mediation of the dispute if agreed by the Parties involved in the dispute. Not sooner than thirty (30) days after diligent efforts to resolve a dispute have been initiated, if the Parties have been unable to resolve the dispute on such informal basis, any Party involved in the dispute may, in its discretion and after providing written notice to the other Parties that the informal dispute - resolution efforts are being terminated, proceed to take any and all such action to enforce or protect its rights as permitted by law and /or this Agreement. If a Party initiates informal dispute resolution with respect to a dispute, any statutory limitation for filing of a court action or commencement of any other proceeding shall be tolled for a period of days equal to the number of days that elapsed between delivery of the notice initiating informal dispute resolution and the notice terminating informal dispute - resolution. SECTION 19 TERMINATION AND EXPIRATION In the event that Project construction is not initiated within two (2) years of the execution date of this Agreement, this Agreement shall automatically expire, unless sooner terminated by a Project Representative written notice to all other Parties, or extended in writing by mutual agreement of the Project Representatives. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -39 Page 35 of 74 Once construction has begun, unless otherwise mutually agreed by all Project Representatives, a Party may not unilaterally terminate its obligations under this Agreement. Notwithstanding any termination of this Agreement, each of the Parties must comply with all terms and conditions of the Grants. In the event of a termination of this Agreement, each of the Parties shall be responsible for finding and arranging an alternate means of discharging its respective duties or other Regulatory obligations, and for payment of any fines, penalties or costs incurred by that Party as the result of a suspension or termination. Unless otherwise terminated or extended, this Agreement shall be effective for an initial term of twenty -five (25) years commencing on the Effective Date, and shall automatically renew for a one time ten year term thereafter (the initial term and renewal terms shall collectively be referred to as the "Term"), Project Representatives may meet and confer to determine continued use, termination of this Agreement, transfer, closure, removal and /or abandonment of the Facilities or components thereof. The Project Representatives shall also meet and confer upon the fifteenth (15"') anniversary of Project completion to assess O &M for the Project including the payment of the Parties' fair share of O &M costs. Prior to any termination of this Agreement, the Project Representatives are to agree upon demobilization or transfer of the Facilities and whether to sell any part of it, the proceeds of such sale and outstanding Project debts and obligations shall be allocated among the Parties in accordance with their respective proportionate share percentages in Exhibit C2. Upon termination of this Agreement or abandonment of the Project, the Parties shall, within 120 days from written demand from JWA, remove the Diversion Structure and restore the Project Area as nearly as possible to the same condition as the Project Area was in prior to the execution of this Agreement. All costs of removal or restoration shall be borne by the Parties, in accordance with their respective proportionate share percentages in Exhibit C2. SANTA ANA shall be responsible and ensure that the Diversion Structure and appurtenant improvements are removed from the Channel and OCFCD or COUNTY right -of- way as specified by the Director, Regulations, and all applicable laws. SECTION 20 SURVIVAL CLAUSE The obligations regarding: environmental commitments (as set forth herein); indemnification (as set forth in Section 8); operation, maintenance, cost allocation and ownership (as set forth herein); and specific performance (as set forth in Section 21) shall survive termination of the Agreement, as applicable, and shall remain in effect until terminated or modified in writing by mutual agreement of all Parties and JWA or the applicable statute of limitations is reached. SECTION 21 SPECIFIC PERFORMANCE The Parties acknowledge that monetary damages would be an inadequate remedy for breach of this Agreement, and that a Party's breach will result in immeasurable and irreparable Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -40 Page 36 of 74 harm to the other Parties. Therefore, in addition to any other remedy to which it may be entitled by reason of another Party's breach of this clause, the moving Party shall be entitled to seek temporary, preliminary and permanent injunctive relief from any court of competent jurisdiction restraining the other Parties from committing or continuing any breach. This clause shall survive any termination of this Agreement. SECTION 22 EXHIBITS This Agreement contains the following exhibits, which are attached hereto: Exhibit A -1 — Location Map Exhibit A -2 — Santa Ana Delhi Drainage System Exhibit B — Preliminary Plan Exhibit C — Funding Table, Participant Shares & Estimated Costs Exhibit D — Temporary Construction Easement to the City of Santa Ana ExhibitE — Easement COUNTY toOCFCD Exhibit F — Grant Requirements Exhibit G — Insurance, Bonds and Warranties Santa Ana -Delhi Channel Diversion Project Agreement D15-013 25G -41 Page 37 of 74 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Effective Date written above. CITY OF SANTA ANA, a Municipal corporation of the State of California C APPROVED AS TO FORM: David Cavazos City Manager Sonia R. Carvalho City Attorney By: e S doval h- f Assistant City A y_� SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. Sec 25103, Reso 79 -1535 Attest: Robin Stieler Interim Cleric of the Board County of Orange, California ATTEST: Maria D. Huizar Clerk of the Council ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic By: Chairman of the Board of Supervisors County of Orange, California APPROVED AS TO FORM Office of the County Counsel County of Orange, California M Deputy Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -42 Page 38 of 74 COUNTY OF ORANGE, a political subdivision of the state of California By: Chairman of the Board of Supervisors County of Orange, California APPROVED AS TO FORM Office of the County Counsel County of Orange, California Deputy CITY OF NEWPORT BEACH, a California municipal corporation and charter city M Dave Kiff City Manager APPROVED AS TO FORM: ATTEST: City of Newport Beach City of Newport Beach Aaron C. Harp Leilani I. Brown City Attorney City Clerk Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -43 Page 39 of 74 APPROVED AS TO FORM: Tom Duarte City Attorney APPROVED AS TO FORM APPROVED AS TO FORM CITY OF COSTA MESA, a California municipal corporation C Tom Hatch Chief Executive Officer ATTEST: Brenda Green City Cleric ORANGE COUNTY WATER DISTRICT, a subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, Name:_ Title: IRVINE WATER RANCH DISTRICT, a California water district, Name: Title: Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -44 Page 40 of 74 EXHIBIT A -1 Location Map PAULARINO AV Proposed Pipeline /Sewer Connection BAKER ST its U ♦ �M\ to PAULAR7N0 CHANNEL (F03) • O 45 uun+uoun n•a••••n•u.+•+euyi �w W " ♦'`' L .J �Q- a �' +e i ♦ ♦s P ?� �Oy 7 a,�P�p' ♦ ♦•` o� �O 0 500 1,000 C i I i I 1 Feet 0� / ARLINGTON DR 41 OQ` I •.` >` Q Y JOHN SANTAANA S / AIRAPORT COUNTRYCLUB +�® •'Ay y � `Q / PROPOSED ;a _ � s Legend DIVERSION / ) I• Proposed Diversion Pipeline �� STRUCTURE ♦♦ ONE Existing Sewerline •• ++•• OCFCD Drainage Facilities SANI ..i .,� \..�'° 5 —•— City Boundaries �Q COUNTY OF ORANGE EXHIBIT A -1 OC PUBLIC WORKS OC INFRASTRUCTURE PROGRAMS LOCATION MAP PROJECT: SANTAANA -DELHI CHANNEL DIVERSION STRUCTURE SCALE:As Shown AGREEMENT DIS -013 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 41 of 74 25G -45 EXHIBIT A -2 Santa Ana -Della Drainage System Legend ® COSTAMESA IRVINE NEWPORT BEACH SANTAANA Unincorporated © Watershed Drainage Areas - -- OCFCD Drainage Facilities 02 0 0.5 1 z 1 1 1 1 i Miles e BAKER ST. FU' m 0 S VICTORIA ST. COUNTY OF ORANGE OC PUBLIC WORKS OC INFRASTRUCTURE PROGRAMS 17TH ST. ui a MOM 0 0 # • r EXHIBITA -2 PROJECT: SANTA ANA -DELHI CHANNEL DIVERSION STRUCTURE I SCALE: As Shown I AGREEMENT 015 -013 I Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -46 Page 42 of 74 H x EXHIBIT B Preliminary Project Plans add 9 Ens Sl may, Y gg q x I, 3 Y �a ss PR 4 x key@k ;� G Ci 'M 44 1 w m Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -47 Page 43 of 74 EXHIBIT C1 PROJECT FUNDING COMMITMENTS M2 Grant $ 2,572,875.00 City of Santa Ana $ 1,900,000.00 OCFCD & County of Orange $ 1,600,000.00 City of Newport Beach $ 1,500,000.00 OCWD $ 1,000,000.00 City of Costa Mesa $ 600,000.00 IRWD $ 195,000.00 Funding Total 1 $ 9,367,875.00 EXHIBIT C2a PROJECT FUNDING PARTNER SPONSORSHIP PROJECT PERCENTAGE Funding Partner Funding Commitment Sponsorship Share* City of Santa Ana $ 1,900,000.00 33.93% OCFCD & County of Orange $ 1,600,000.00 28.57% City of Newport Beach $ 1,500,000.00 26.79% City of Costa Mesa $ 600,000.00 10.71% Total $ 5,600,000.00 100.00% EXHIBIT C2b PROJECT FUNDING PARTNER SPONSORSHIP CREDIT /OFFSET PERCENTAGE Funding Partner Funding Commitment Sponsorship Share ** City of Santa Ana $ 1,900,000.00 32.79% OCFCD & County of Orange $ 1,600,000.00 27.61% City of Newport Beach $ 1,500,000.00 25.88% City of Costa Mesa $ 600,000.00 10.35% IRWD $ 195,000.00 3.37% Total $ 5,795,000.00 100.00% * After the initial 0 &M Deposit has been exhausted, the Sponsorship Share percentages in Exhibit C2a shall be used to determine: 1. The funding partners' respective participation percentages, 2. Credit /Offsets percentages, 3. Distribution of project savings, and 4. O &M cost share in excess of the Initial O &M Deposit in accordance with the terms herein ** The Sponsorship Share in Exhibit C2b shall be used to determine 1. The funding partners' respective participation percentages except that for IRWD, the percentage and dollar amount correspond to IRWD's one -time lump sum payment, 2. Credit /Offsets percentages, and 3. Distribution of project savings during that period of time commencing when the funding partner paid its financial contribution per this Agreement until the exhaustion of the Initial O &M Deposit. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -48 Page 44 of 74 EXHIBIT C3 ESTIMATED PROJECT COSTS' Item Description Unit Quantity Unit Price Amount 0 Project Administration (COSA) % 3% n/a $ 273,540.00 1 Design Engineering LS 1.00 $ 300,000.00 $ 300,000.00 2 Permits /ROW /Easements LS 1 $ 40,000.00 $ 40,000.00 3 Environmental Report LS 1.00 $ 50,000.00 $ 50,000.00 4 Survey LS 1.00 $ 60,000.00 $ 60,000.00 5 Pothole LS 1.00 $ 20,000.00 $ 20,000.00 6 Site Work LS 1.00 $ 950,000.00 $ 950,000.00 7 Channel Work LS 1.00 $ 1,101,000.00 $ 1,010,000.00 8 Equipment /Discharge EA 7.00 $ 140,000.00 $ 980,000.00 9 14" PVC Sewer Force Main LF 8,475 $ 240.00 $ 2,034,000.00 10 Project Contingency % 20% n/a $ 1,024,800.00 11 Construction Management (COSA) % 8% n/a $ 409,920.00 12 Inspection & Testing (COSA) % 7% n/a $ 358,680.00 13 Inspection (County) % 1.50% n/a $ 76,860.00 14 Survey /Construction Staking % 3% n/a $ 153,720.00 15 Attorney Fees LS 1 $ 100,000.00 $ 100,000.00 16 0 &M (20yr) & Administration LS 1 $ 1,000,000.00 $ 1,000,000.00 17 Site Security /Cameras LS 1 $ 126,355.00 $ 126,355.00 18 1 Golf Course Impacts (Estimate) LS 1 $ 400,000.00 $ 400,000.00 TOTAL $ 9,367,875.00 ' Amounts above are estimates from an Opinion of Probable Construction Cost referenced as "Engineer's Estimate 15 -058" by AECOM dated 7/24/2015 based upon 60% Design Plans; including 20 year 0 &M costs, and was used as a basis to estimate the project costs and were revised accordingly to reflect adjustments amenable to the Funding Partners. SANTA ANA shall charge Parties its actual Project Costs in accordance with the terms herein. Estimate includes paying Section 3.4 invoice(s) for costs associated with obtaining easement rights and title acceptable to The Irvine Company, OCFCD /County, JWA and the Parties. % Bid Item 0 was calculated on the entire project costs, Bid Items 1 -18. Bid Items 10, 11, 12, 13, & 14 were calculated on the construction costs only; Bid Items 6, 7, 8, 9, & 17. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -49 Page 45 of 74 EXHIBIT C4 ESTIMATED 20 -YEAR O &M COSTS BREAKDOWN' I Contract Administration $1.00,000 2 Inspection (monthly) $240,000 3 Solids Handling and Disposal (monthly) $430,000 4 Boom Reset (2 -year cycle) $30,000 5 Repair of Equipment $150,000 6 Diversion Utility Costs $50,000 Total $1,000,000 * O &M costs will be evaluated annually in accordance with the terns herein. 3 Amounts above are estimates from an Opinion of Probable Construction Cost referenced as "Engineer's Estimate 15 -058" by AECOM dated 7/24/2015 based upon 60% Design Plans. Estimates include .5% allowance for All Risk Insurance and Wage Rates based upon prevailing wage rates for Orange County, California. Total wage rate includes hourly wage plus craft fringes and 32% burden with a typical work week of 1 eight hour shift per day/ five days per week. The Parties acknowledge OCFCD and COSTA MESA burden rates as indicated in Sections 3.7 and 5.9 exceed that used to formulate the estimate above, and mutually agree OCFCD and COSTA MESA shall be fully compensated based upon their respective burden rates per the terms of this Agreement. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -50 Page 46 of 74 EXHIBIT D Temporary Construction Easement Deed County to City of Santa Ana RECORDED AT THE REQUEST OF AND WHEN RECORDED NIAILTO: City of Santa Ana 20 Civic Center Plaza M -22 Santa Ana, California 92702 Attn: City Manager as shown above Exhibit D THIS SPACE FOR Rb1CORDER'S USE ONLY APN: DOMENIKNTARY I'RANSFri.R TAX $ _Compalnd on the considered at or value, ofproperly conveyed _ Exempt per Revenue & Taxation Coda Section 11922 Exempt Hotn Recording Pees per Govt. Code See1trm27383 Hy..— . —.. —._ ._ tern l21RL or nEa/SAn okA r CGETCR[.I(AIDiO TAX PIRM NAbQ: Unincorporated Area Incorporated D Paroet N6ls: PM- __ (F01-209, 215) Project: Santa Ana -Delhi Channel Division TEMPORARY CONSTRUCTION EASEMENT DEED For valuable consideration, receipt of which is hereby acknowledged, COUNTY OF ORANGE, a political subdivision of the State of California, (hereinafter referred to as `COUNTY "), does hereby grant to the CITY OF SANTA ANA, n California charter city, (hereinafter referred to as `GRANTEE') and its, successor and assigns, a non - exclusive temporary construction easement ("ran por'ary Easement ") in, on, over, upon and across that certain real property (here'mzfierroforxod to as "Easement Area') described in Exhibit A, and illustrated in Exhibit B, which exhibits are attached hereto and made a part hereof. COUNTY and GRANTEE, may sometimes heroinafter be individually referred to as `Tarty" or jointly as the "parties." 'rile rights herein are granted for the purpose of allowing activikos related to the Santa Ana -Delhi Channel Diversion Project (`Project'') provided, however, that the exercise of said rights will not interfere or impede the operation and mainnsumee of the Santa Ana -Delhi Diversion Channel (hereinafter `lire Channel'), COUNI'Y's public golf course Iessee business operations, or utilization of the property for John Wayne Airport purposes. GRANTEE'S rights shall include rights to GRANTEE, its oflicors, agents, employees, conh actors, and subcontractor's, to conduct construction activities, including excavation and grading associated with the construction of a Diversion Structure requiring modifications to the existing Channel and installation of subsurface pumps, wet well, pipelines and a sewer force main ( "Facility') within a portion of the Easement SlataAn -DJhi Di.loa Pnjjen I POD TCE 1 05192016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 47 of 74 25G -51 Exhibit D Area; and activities associated with realignment of an access road. GRANT'EE'S rights shall also include the right to parr: or place vehicles, equipment or storage containers and to store in stockpile construction materials, tools, implements and other construction related equipment and materials, in the Easement Area as the case may be. '17re Parties agree the exercise of the rights granted herein shall be in conformity with the ba ins of that certain Santa Ana -Delhi Channel Diversion Pnj cot Agreement D15 -013 dated ( "Agreemeof�, It is undoi stood and agreed by the Parties hereto and their successor and assigns that the rights granted in this Temporary Easement shall be subject to the following terms, conditions, and reservations: 1. TERM This 'Temporary Easement shall be efibetive for a maximum period of twenty -four (,24) months ( "Term "), commencing on GRANTEE'S written notice to the Airport Director said the Director OC Public Works, or thew designees, of cornmenconrent of possession, and shall terminate upon recordation of a Notice of Completion, or at the end of the Tenn, whichever first occurs. EXTENSIONS 'file Term may be extended by mutual agreement of the GRANTEE,, the Abilort Director turd Director of Public Works or their designees. Any request for extonsion must be in writing, shall state the requested extension period, and be forwarded to lire Airport Dheetor and the Director ofPublic Works via Express or Certified U.S. postal Service, personal delivery, by courier or by overnight delivery service and addressed as provided herein below in Section 11 (Notice) no later than thirty (30) clays' prior to the expiration of lhe'roma of this Temporay Easement. Approval of such request shall be deemed denied unless both Directors of their designees provide GRANTEE with written approval of Ore requested extension within fifteen (15) days of receipt of the request to extend, which approval shall not be unreasonably withheld. in no event shall this Temporary Easement be extended beyond GRANTEE RESPONSIBILITIES GRANTEE; hereby acknowledges that the Easement Area lies in, on and about Ore Channel, a regional flood control facility. GRANITE,, shall perform all work in such a manner that will allow for unobstructed flood control operations and maintenance of the Channel by COUNTY or the Orange County Flood Control District ( "District'). GRANTEE shall have all construction plans and specifications approved in writing by One Airport Director and the Director of Public Works or their designees prior to commencement of any work in, on or about the Easement Area; and upon completion of any such work, GRANTEE shall marediately notify both Directors or their desigmees in writing ofsualr completion. Any change orders t> tiro approved plans and specifications that alter the design shall be submitted for Airport Direetor and the Director of Public Work's written approval through tie County Property Permit process prior to implementation of the design change. Aplwoval of GRAN'TEE'S construction and/or maintenance plans shall trot be deemed approval from the standpoint of structural safety, suitability for propose or conformance with building or other codes or other governntentd requirements, CO11N'TY is notiesponrdble for porinitting of any construction anrlloi maintenance, design, assumptions or accuracy of GRAN'TEE'S construction and/or maintenance plans, Director approval will be based on the professional expertise of the Engineer of Record when approving GRANTEE'S construction and/or maintenance plans. GRANTEE shall, at no cost to COUNTY, maintain die Easement Area and Channel in good repair and in safe condition, and protect in place any slope features, tees and /or landscaping within the Easement Area Smrta Ana -Delhi Diversion ProjedM01;I TCE 2 05192016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -52 Page 48 of 74 Exhibit D throughout dne "farm, including any extension period, of th s Temporary Easement. Notwithstanding the foregoing, said features may be removed or relocated if approved by the Airport Director and the Director of Public Works through the County hoperty Permit process. GRANTEE shall, at no cost to COUNTY, conduct all activities, including but not limited to the storage of materials, in, on, or about the Easement Area in a safe, good and workmanlike manner and in compliance with all applicable building, tire, and sanitary laws, Ordinances, and regulations and shall maintain all equipment,, used in on or about the Easement Area in good repair and in safe condition. Airport Director nay, at his sole discretion, direct GRANTEE to remove items from the Easement Area, if deemed to be a hazard or nuisance. GRANTEE acknowledges the Easement Area is situated on COUNTY property with certain recorded deed restrictions and conditions prohibiting use of the ]and for any purpose which would constitute a nuisance or be offensive to the senses, health or safety of persons occupying the land or adjoining land. GRANTEE agrees to make every effort to accommodate for the aforementioned nuisance dead restriction in the exercise of its right's herein. COMPLIANCE WITII REGULATORY AUTHORITIES GRANTEE shall, at its own cost and expense, promptly and at all times observe, comply with and carry out all presort and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all governmental authorities, including but not limited to environmental regulatory authorities, withjuiisdiction in, on, ovor and about tare Easement Area, which arise from GRANTEE'S use of or performance or any activities permitted to be conducted in, on, over, or across the Easa tiont Area. In addition, GRANTEE shall ensure that all activities in, on, over or about the E',asement Area are performed in accordance with any NPDES (National Pollutant Discharge Elimination System) permit requirements or other water quality statutes, rcgrdatIons, ordinances, or permit's, applicable to such activities, including butnot limited to use of appropriate best management practices, so as to ensure that pollutants are not chsebarged into die Channel nor into the flood control system. Prior to the start of any construction activity, GRANTEE shall provide Airport Director and Director of Public Works a copy of their Water Quality Management Plan (WQMP) for approval. No approvals or consents given hereunder by COUNTY, as a party to this Temporary Easement, or concurrence by District shall be deemed approval as to compliance or conformance with applicable go'vemmontal codes, Laws, rules or regulations. 5. CONDITION OF EASEMENT AREA UPON TERMINATION Prior to the filing of the Notice of Completion or to the expiration of this Temporary Easement, whichrrvor first occurs, GRANTEE agrees at its expense to restore the Easement Area to the Airport Director's satisfaction. Said restoration shall include, but not be limited to the removal of constriction materials (including stockpiled material), equipment, and trash and debris. GRANTEE agrees under no circumstances shall die Channel, Facility and other improvement's and/or facilities within the Easement Area be left or returned to COUNTY in a state of partial completion or disrepair. Upon service of written demand front the Airport Director, or designee GRANTEE shall deliver to COUNTY, at no cost to COUNTY, a Quitclaim Deed to GRANTEE's right, title and interest hereunder. SsntaAmr -Ddhl Divasim PMjut(17011 TCV 3 05492016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -53 Page 49 of 74 Exhibit D 6. MECHANICS I,1lNS ORS'1'OP- NO'T'ICES GRANTEE shall at all times indemnify, defend with counsel approved in writing by COUNTY, and save COUNTY and District hamiless from all claims, losses, demands, damages, cost, expenses, or liabilities in connection with the use, construction, repair, alteration, or installation otany portion of the Facility within, upon, or under the Easement Area, and from the cost of defending against such claims, including reasonable attorney fees and costs. Hr the event a lien or stop - notice is imposed upon the Easement Area as a result of such construction, repair, alteration, or installation, GRANTEE shall either: A Record a valid Release of Lien, or B. Procure and record a bond in accordance with Section 31.43 or 3196 of the Civil Code, which frees tare Easement Area from the claim of the lien or stop- notice and from any action brought to foreclose the lien. HOLD IJARMLESS GRANTEE acknowledges the Easement Area is in, on, and over the Channel and may be subject to all hazards associated with flood conditions and COUNTY's public golf course lessee business operations. GRANTEE agrees to assume all risks, financial w otherwise, associated therewith. GRANTEE hereby releases and waives all claims and recourse against COUNTY and District including the right of contribution for loss of m damage to property, m injury to or death of any person arising front, growing out of or in any way connected with or related to this Temporary Easement including any damage to or loss of GRANTEE'S equipment and material, the Facility or interruption of the Project or use o'f'the Easement Area caused by erosion, flood, or flood overflow conditions of die Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or improvement of the Channel or by Dishict's flood control operations, except claims arising from the gross negligence of COUNTY and /or District, their officers, agents, employees and contractors. GRANTEE hereby agrees to indemnify, defend and hold harmless, COUNTY and District, their elected and appointed officials, officers, agents, employees , contractors and those special districts and agencies which COUNTY's Board of Supervisors acts na the governing Board against any and all claims, tm tious, contractual, condemnation, inverse condlernnatinu, judgments, arbitration awards, settlements, losses,, deunands, damages, cost, orders, penalties, and expenses including legal costs and attorney fees or liability for injury to or death of any persons, or loss of or damage to any property, in connection with or arising out of the Project or the use of or operations or activities conducted in; on, or over the Easement Area, and/or the exercise of the rights under this Temporary Easement by GRANTEE, its agents, officers, employees, invitees or licensees except for liability arising out of the concurrent active, or solo negligent acts of COUNTY, and/or District, thew elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising there$om. If COUNTY and/or District is /am named as co- defetu ant(s) in a lawsuit, GRANTEE shall notify COUN'T'Y of such fact and shall represent DISTRICT /COUN'T'Y in such legal action umtess otherwise conflicted out. Ifjudgmom is entered against COUNTY/District and GRANTEE by a court of competent jurisdiction or'jury because of the totious conduct of COUNTY/District and GRANTEE, COUNTY and GRANTEE agree that liability witl be apportioned as determined by the court or jury, as applicable, GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows: SuIfl All u -Delhi Diversion nmjwt (FO I) WE 4 05192616 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -54 Page 50 of 74 Exhibit D a general release does not extend to claims which the creditor does not know or suspect to evist to his or her favor at the time of exmiting the release, which, if known by him or her, most have materiall), affected his or her settlement with the debtor. GRANTEE, being aware of and understanding the terms of Section 1.542, hereby waives all benefit of its provisions to the extent described in this section. 81 GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PME.S'8.28) GRANTEE or GRANTEE'S employees, agents, independent contractors at invitecs ( "GRANTEE Parties'") stall not cause or permit any "Hazardous Material.," as hereimrfier defined, to be brought upon, kept, stored, used, generated, released into the environment or disposed of on, tinder, from, in, on m about tin; Easement Area, Notwithstanding the foregoing, GRANTEE or GRANTEE Partes may use or keep small quantities of Hazardous Materials on the Easement Area that are used in the ordinary, customary, and lawful construction operations conducted on the Easement Area. IP GRANTEE, or GRANTEE Parties breach the obligations stated herein, or if eontamhration of the Easement At ca by Hazardous Material otherwise occurs for which GRANTEE is legally liable to COUNTY for damage resulting therefrom, then GRANTEE shall indemnify, elefend and hold harmless, COUNTY and /or District, and their elected or appo'nrtwl officials, officers, agents, and employees, from any and all claims, judgments, damages, penalties, fines, costa, liabilities, or losses (including, without limitation, dhninution in value of the Easement Area, suns paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during or after GRANTEE's use of the Easement Area as a result of such contaminatien. This indemnification includes, without limitation, costs incurred by COUNTY in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Material having been introduced, placed or released by GRANTEE, and therefore, being present in the soil or ground water under the Easement Area. GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained Director's written approval and the approval of any necessary governmental entities or agencies for any such remedial action.. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste which is or shall become regulated by any governmental entity or agency, including, without limitation, the County, the state of California, m the United States government. RESERVATIONS COUNTY hereby reserves for itself mid District and their respective successors and assigns, such surface, mi swfaeo and aerial rights in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights and easement herein granted. In the event COUNTY exercises such rights to utilize the Easement. Area which use results in the disturbance of the Easement Area, COUNCY's only responsibil ity shall be to backfill with compacted earth to the grade of the surrounding property following completion of such activity. ill. CONVEYANCE SURTECTTO EXISTING INTERESTS This Temporary Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect the Easement Area and the use of the word "grant" heroin shall not be construed as a covenant against the existence of any thereof. $antaAna.D9lal Diversion Pntled(F01) TCB 5 05192016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -55 Page 51 of 74 Exhibit D Nothing contained hcnain, or in any document related hereto, shall be construed to haply the conveyance to GRANTEE of rights in the Easement Area which exceed those owned by COUNTY, or any representation or warranty, either express or implied, relating to the nature or condition of the Easement Area or COUNTY's interest theroin. 11. NOTICES All notices, documents, correspondence and communications concerning this Temporary Easement shall be addressed as set firth in this Section, or as die Parties may hereafter designate by written notice, and shall be sent through the United States mail with postage prepaid Any such mailing shall be deemed served or delivered twenty -four (24) hours after mailing. Each Party may change the address for notices by giving the other party at toast ton (10) calendar days' prior writtennotico of the new address. Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other' by personal delivery and so given shall be deemed to have been given upon receipt. Director of OC Public Works Shane Silsby 300 Nmih Flower Street Santa Ana, CA 92703 -5000 Facsimile: (714) 3342595 121:1: D15 -013 Santa Ana- Dellni Diversion (FOI) John Wayne Airport Airport Director Barry A. Roodi nella 3160 Airway Avenue Costa Mesa, CA 92626 Facsimile: (949) 252.51.74 RE: Santa Ana - ;Delhi Divorsion Project TCE 12. VENUE (PML'513. IN) City of Santa Ana City Manager 20 Civic Center Plaza M -22 Santa Ana, CA 92702 Phone: Fax: Email: 'The Parties hereto agree that this Temporary Easement has been negotiated and executed in die state of California and shall be governed by and eomt'rrod under ate taws of California. ht the event of any legal action to enforce or interpret this Temporary Easement, the sole and exclusive venue shall be a wort of competentjurvs(tiction located in the County of Los Angeles, California, and the Parties hereto agree to and do hereby subunit to thejurisdiction of such court, Furthermore, absent good cause shown, the Parties hereto specifically agree to waive any and all rights to request that an action be tr'ans'ferred for trial to another county. 13. NYAIVF.ROFRIGI- ITS(PiNES14.1S) The failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of this Temporary Easement shall not be -feared a waiver of airy right or remedy that COL.INT'Y may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the Temporary Easement thereafter, nor it waiver of any remedy for the subsequent breach or default of any tern, covenant, or condition of this Temporary Easement. Su,M A00 -rdfid D,meiw P14jav(F01i WE 6 05102GIG Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -56 Page 52 of 74 Exhibit D 14. SEVERABILITY(MIES 15.15) If any term, covenant, condition, or provision of this Temporary Easement is held by a count of competent jurisdiction to be invalid, void, or uncnfirs ocable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. M AT'T'ORNEYS' FEES (PMESMIS) In any action or proceeding brought to enforce or interpret any provision of this Temporary Easement, or where any provision hereof is validly asserted as a. defense, each Party shall bear its own attorneys' fees and costs, 16. SUCCESSORS AND ASSIGNS (PMr S 18.15) The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, adminishat rs and assigns of the Parties homm, 17. AUTIIORITY (PMES20. IS) The Parties to dnis'£emporm'y Easement represent and warrant that this Temporary Easement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its turns. is. FAA CONDITIONS AND RESERVATIONS A COUNTY hereby reserves unto itself and its operator John Wayne Airport, and Their respective successors and assigns, for tie use and benefit of the public, a right of flight for tie passage of aircraft in the airspace above the surface of the above described real property, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now Imown or hereafter used for navigation of or flight in the said airspace, and for use of said airspace for finding on, taking off from or operating on John Wayne Airport. B. GRANTEE by entering into this easement, expressly agrees, for itself, its successors and assigns, that it will not erect not permit die erection of any stricture or building nor permit object of natural growth or other obstruction on the above described real property above a height as determined by the application of tine requirements. of Id CF.R., Part 77 (FAR Put 77). In the event the aforesaid covenant is breached, COUNTY reserves the right to enter on the above described real property and to remove the offending structure or object and to cut the offending natural growth, all of which shall he at the expense of the GRANTEE. C. GRANTEE by entering into this easement, expressly agrees, for itself, its successors and assigns, that it will not male use of the above described read property in any manor which might interfere with the landing and taking off of aircraft at the John Wayne Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the CO'UNT'Y reserves the rightto enter on the said real property and cause die abatrnnom of such interference at the expense of GRANTEE. D. GRANTEE expressly agrees, for itself, its successors and assigns, that if required, it will file Federal Aviation Administration (FAA,) Form 7460 -1, Notice of Proposed Construction or Alteration (or such other official form as designated), for the purpose of airspace evaluation for any and all current and future construction or modification proposed on the above described real property. Signature Pages to Fodlow Santa AisLDOW Dmnjon Proj.t(FOl)TOE / 05192016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 53 of 74 25G -57 Approved as to Eonn Office of the County Counsel Orange County, California By:­..­­_--- Paul M. Albarian, Senior Deputy Dale: Exhintt D Ide City of the imfividoal who signed are dcormImt to cetlflaoto is attadrnd, andnol the huthfuhreea validity of that document. STATE OF CALIFORNIA ) COUNTY OF _ _) COUNTY COUNTY OP ORANGE, a political subdivision of die State of California By Barry A. Rondinelht, Airport Director Date: Per Nfinute Order detect ACT {NOWL EDGMENT on. 20 _ before me, (fasat nvna ePNOlary Publlc Cana) personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that lw/she /they executed the same in his /har /their authorized capacity(ies), and that by hider /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) noted, executed the instrument. I certify uncler PENALTY OF FE10ORY under the laws of the State of C:alifomia that the foregoing paragraph is true and correct. WITNESS my hand and official. wsl. signature (Seat) Simaf Nia Delhi Droosim Pinjcct(FOI)JUE 8 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -58 U5192016 Page 54 of 74 Exhibit D GRANI'Me Approved as to Form CITY OF SANTA ANA, it California charter city By: Date: who signed the doomnant to drich this certiticate is attached, and not the tnahthhtess, r mtlidityofthal dooimient. S'fJVTE OT, ' CALIFORNIA ) COUNTY OF X By: Date: ACKNOWLF',DGMLNT On ,20 before me, (Inset none of NaWy Public Rlltle) personally appeared , who proved to me on the basin of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to tha within instrument and acknowledged to me that he /she /they executed the lama in bis/hor/their authorized capacity(ies), and that by hisAier /their sigmaure(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, f certify under PENAL I "Y OF PARJ URY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Snnlo Ana -DUlhi Divuaioa Projcd (FO 1) 1Y�3 9 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -59 05192016 Page 55 of 74 Exhibit D CONSENT TO GRANT OF T'EMP'ORARY CONSTRUCTION EASEMENT DEED TIEIRVINIi COMPANY, a corporation, does hereby consent to Elie foroLoing grant of this T cnipormy Construction Easement Deed; provided, however, that such consent shall apply to said'remporary Construction f ascment Deed exclusively, and that such consent shall not he doorned or held to waive, release, alter, change, impair or in any manner affect any of the covenants and conditions provided in the deed dated June 30, 1958 by which the undersigned conveyed to the County of Orange [he property described in said Temporary Construction Easement Deed. 'ITIE IRVINE COMPANY By: By: %.man NU Nth! Divwr iom Prajcd (P01)102 10 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -60 05192016 Page 56 of 74 Exhibit D (AERTIh'ICATE OF ACCEPTANCE TI9IS IS TO CEWI'INY, that the interest conveyed by thus Temporary Construction Easement Deed fren the Country of Orange, a political subdivision of the St'at'e of Califon nia, to the City of Santa Ana, a California charter city, is hereby accepted pursuant to authority Wanted to the undersigned by order of the Santa Ann City Council on 20. subject to the teens, conditions and reservations set forth therein, and GRANTEE consents to the recordation of said Temporary Cnnsb'uction Easement Deed. GRANTEE CITY OF SANTA ANA Date: ATTEST: City Clerk By: sod. Mm.Ddln Div imp ProjWiP01) ICE II. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -61 p5192014 Page 57 of 74 EXHIBIT E Easement Deed EXIIIBIT E EASEMENT COUNTY TO DISTRICT RECORDED AT THE REQUEST OF, WHEN RECORDED MATT, TO: County of Orange CEO/Real Estate 300 North Flower Santa Ana, California 92703 Mail Tax Statements as shown above Thifi Is to certify that this document is exempt From recording fees per Govt. Code See. 27383 and is exempt fron, Document Transfer Tax per ❑ Unincorporeted Artie Rev. &'Taxation Cade See. 11922. E Incorporated, City of Newport Beach Parcel No. F01-215,1701. _ Project: Santa Ana -Delhi Diversion Channel EASEMENT AMENDMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, this amendment ("Amendment') to that certain Easantent Deed dated and recorded on August 8, 1961 in Book 5562, Page 311 of the Official Records of Orange County, California ("Easement') attached hereto as Exhi bit C. is entered into by and between COUNTY OF ORANGE„ a political subdivision ot'dte State of California, its successors and assigns (heroutaf %r referred to as "GRANTOR "), and the ORANGE COUNTY FLOOD CONTROL DISTRICT, (a body corporate and politic, hereinafter referred tons "DISTRICT')(GRANTOR and DISTRICT may sometimes harcinafler be individually referred to as `Party" orjointly as "Parties'). RECI'1'AGS 1. Pursuant to the Fascnrent, DISTRICT holds a perpound casement and right of way £or flood control purposes in, over and across that certain real properly identified and described in that document as the easement area within Pareal F01 -215. Pursuant to these Easement rights, DISTRICT operates and maintains its flood control facility known as the Santa Ana -Delhi Diversion. Channel, Facility No. P01 (the "Facility "), D15- 013(Exhibit E) l N082016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -62 Page 58 of 74 EXHIBIT E EASEMENT COUNTY TO DISTRICT 'The County of Orange, Board of Supervisors on approved Santa Ana -Delhi Channel Diversion Reject Agreement D15 -013 among GRANTOR, DISTRICT, City of Santa Ana, City of Newport Beach, City of Costa Mesa, Orange County Water District and the ruin Ranch Water District in furtherance of a regional watershed project to divert dry- weather urban discharge flows and b ash 'from the Santa Amrpolhi Diversion Channel to satisl''y water quality compliance requirements (,`Project "). Inrplomontation of the Projcct cntails construction of a Diversion Structure requiring modifications to the existing Facility and installation of subsurface pumps, wet well, pipelines and a sewer force main within a portion of the Easement Area; and realignment of an access road, 3. By this Amendment, the Parties intend to modify the existing Easement to add an additional easement area, referenced as Parcel FOl - immediately adjacent to Parcel F01.- 215 by this Amendment. Parcels FO1 -215 and Parcel POT - 4. 'the Paties understand and agree to comply with the terms, conditions and obligations of that certain Grant Deed recorded June 30, 1958 in Book 4332, Page 308 in the Official Records of Orange County, California which vests all rights, title, and interest in the Easement Area (as defined herein below) with GRANTOR. 5. The Parties intend to add terms to the existing Easement to foster collaboration in their joint use of the subject property. b. Other than the terms herein, this Amendment shall not otherwise of cro alter, or change the Easement, As to any inconsistency existing between with the terms of this Amendment and the terms in the Easement, the Parties agree the terms of this Amendment shall control. 7. For [lie above stated reasons, die Parties agree to amend the Easement with the team and conditions herein to apply to the Easement Area. NOW, IIIEREEORR., for valuable consideration, receipt of which is Imeby aelmowledged, the Parties agree to the following terms, conditions, and reservations: A. RECITALS Each of the above Recitals is incorporated herein and is true and correct. B. INSERT PARCEL FQI- LEGAL DESCRIP'T'ION AND DEPICTION GRANTOR hereby conveys to DISTRICT the ability to exercise its rights pursuant to the Easement in, on, under and over land immediately adjacent to the existing Parcel FO1 -215 easement area, upon land referred to herein as Parcel Fill- _ as defined in Exhibit A. and depicted ill Exhibit B, each attached hereto and incorporated herein. C. ADD SECTION 1 T'he following is Thereby added to the Easement as Section t: Section 1. The above legal description for Parcel POI.215 and the attached legal description in Exhibit A for Parcel FOl- as depicted in Exhibit B, which exhibits arc attached hereto and by reference made a part hereof, shall collectively define the "Easement Area' for the rights conveyed herein. D. ADD SECTION 2 The following is hereby added to the Easement as Section 2: 131 5- 013(Exhibit E) 2 W082016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -63 Page 59 of 74 E%HI33IT E EASEMENT COUNTY TO DISTRICT Section 2. All notices, documents, correspondence, and communications concerning the perpetual easement shall be addressed as set forth in this paragraph, or as the parties may hereafter dosignate by written notice, and shall be sent through the United States mail, duly registered or certified with postage prepaid. Any such mailing shall be deemed served or delivered twenty -four (24) hours after mailing. Each party may change the address for notices by giving the other party at least ton (10) calendar days prior written notice of the new address. Notwithstanding the above, a party may also provide notices, documents. correspondence, m such other communications to the other party by personal delivery or regular mail and, so given, shall be doomed to have been given upon receipt if provided by personal delivery or forty -eight (48) hours after mailing if provided by regular mail. If to GRANTOR: County of Orange c/o John Wayne Airport Paul Albarian, Senior Deputy County Counsel 3160 Airway Avonue Costa Mesa, CA 92626 Facsimile: (949)'252.5044 RE: Santa Ana -Delhi Divorsion Reject If to DISTRICT: Orange County Flood Control District c/o Director, OC Public Works P. 0. Box 4048 RE: D15 -013 Santa Ana - Dolhi Diversion (,F01) Santa Ana, CA 92702 -4048 E. ADD SECTION 3 Th wing is boreby added to the 'Easement as Section 3: Section 3. GRANTOR agrees that it shall not grant any surface, subsurface or aerial rights in the Fasarend Area as will unreasonably interfere with m prohibit the use by DISTRICT of the rights and easement herein granted. GRANTOR reserves all lights compatible with and not prejudicial to DISTRICT exercise of the rights and easement horcin granted; provided, no improvements shall be constructed, placed or permitted within, upon, under or above the Easement Area until such construction and/or maintenance plans have first been approved in writing by the Director, OC Public Works of the County of Orange or his designee (boreinaRer referred to as "Director'). Director's approval of GRANTOR's plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. DI 5.013(Exhibit E) 011032016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -64 Page 60 of 74 EXHIBIT E LASEMENT COUNTY TO DISTRICT GRANTOR tlpproved as to Fonn COUN'T'Y OF ORANGE, a political subdivision of Office of the County Counsel the State of California Orange County, California By: By: Deputy Airport Director Per Minute Order dated Date: DISTR7(7T SIGN.4.TURE'FOLL01I'S A notarypublic or ether officer oompleting this eedifleute verifies only the Won fity of the individual who signed the dooumurrt to which ttus certificate Je at4rohed, antl not the tmthfidness, acmmmy, or velidify ofthat doounxrnt. ACKNOWLEDGMENT State of California County of Orange On ,20 before me, personally who proved tome entire basic of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to are that Ira /.the /they executed the same in his/hcrdheir authorized capacity(ies), and that by hMierdheir signature(s) on the insrwment the peison(c), or the entity upon behalf of which the person(s) acted, executed the instrument. T certify under PENALTY Or PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official. seal. Signature (Seal) DI.5- 013(Exhibit E) 4 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -65 040a]m6 Page 61 of 74 EXHIBIT E EASEMENT COUNTY TO DISTRICT Approved as to Fort Office ot'the County Counsel Orange County, California By. — ---..__...------- Dq)uty Da to: DI.5- 013(Exhibit E) DISTRICT ORANGE COUNTY FLOOD CONTROL DISTRICT By. - -- Shane L. Sdsby, Director OCPubliic Works Per Minute Order dated IWU92U16 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -66 Page 62 of 74 EXHIBIT E EASEMENT COUNTY TO DISTRICT CONSENT TO GRANT OF EASEMENT DEED 'THE IRVINE COMPANY, a corporation, does hereby consent to the foregoing grant of this Easement Deed; provided, however, that such consent shall apply to said Easement Deed exclusively, and that such consent shall not be deemed or beld to waive, release, alter, change, impair or in any manner affect any of the covenants and conditions provided in the deed dated June 30, 1958 by which the tmdersigned conveyed to the County of Orange the property described in said Easement Deed, ITIE, IRVINE COMPANY By: By: Amended Easement to DISTRICT Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -67 Page 63 of 74 WE w.n.. >w., 18726 Prolwt Ne. Fl _}. Prolcen Santa Ana- . Delhi Channel `� Parcel Na 215 EASEMENT DEED sip I ;teat FOR A VALUABLE CONSIDERATION, recelpt of which Is hereby ecknowlr ' j C AUG u 1951 . COUNTY OF ORANGE I L. B. WALLAH Ccunly C16'S does hereby CRANT in the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body on ate and politic. a perpeteal easement and right of way for flood central purposes in, over �. .t and across the mat property in the County of Orange, State. of California, descri bed a�: That portion of the following described idndt ' ? All that portion of Lot 148, Irvine' , ubdivision described long ®' state of if .follows: Beginning at the intersection of the center lied of Orchard Drive, as said Orchard Drive is shown on a Mapp o£ - Tract No. 456, recorded in Book 17, page 9 of Miscellaneous Map a, records. of Orange County, California with -n - the southeaster lyy line of an�.d :� Tract No: 456; thence Boutheaste4y ' along, the Southeasterly I. rolongat on ';: I Hof the center line of sold Orchard '4r Drive :to the Northwesterly line of Trace No. 706, as shown on a Map recorded in Book 21, page 25 of Miscellaneous Mat a, records of Orange County California; thence Northeast - '< - erly along sold Northwesterly line to , the Northeasterly line of Block Five, - Irvine's scbdivision, as shown on a Map recorded in Book 1, .page 88 of Miscellaneous Maps, records of Orange .County, California; thence Northwest- erly aiony said line to the inter- . aaction of a line parallel with and 900.00 feet Northweaterly, as measured at right angled from said Northwesterly line of said Tract No. 706; thence , ` 'Southwentarl aloe said parallel line to the Bast Lind of said Tract No. 456; thence in a general Southerly direction following along said East line to said first mentioned intersdcti.on and the point of beginning. - `+ { That isinckuded within a strip of land of the uniform width of 5.00 feet, the Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -68 Page 64 of 74 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -69 Page 65 of 74 :N'v[Itlr.Y.Y' SPY"9 A�!'21[�':R:.PT °!S:NYYM1CYOWRMX. M'Itvl"] Urn.^ Yf 4A. rt- �':^ L% IIM" mMr^['>+ Yge^ M1rA` N�TMN'Yal4:nt4'Mniw`MITryo.n+nSV `�avr+etnn4i gooK58fi2 �e i� Westerly line of said strip being the Easterly line of the land designated as Parcel 4 in the Agreement by and I- ' a between the Irvine Company, the Delhi N Drainage District, and the orange, yr County Flood Control recorded - !: mO i 6 .District February 2 1949 in Book 1804, page_ 432, Offitl.al Records of said Orange County. - s� Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -69 Page 65 of 74 i mK5862 rmfM Dated this day of _ �.,..dtiv , 1961. COUNTY OF ORANGE By - aCh i.rman, 6o —ar,i of�Buper— visors ATTEST: L, B. WALLACE,. County Clerk of the County: of Oranga and ex-officiG Clark of"the Board of Supervisors -of „the County of Orani"e i - By�.Pepu STATE OF CALIFORML& ) as. 'COUNTY OF ORANGE ) On this / fix/,. day of < /- ..,��<'� -� , 1961, before ma, the undar.e gni"a Notary 'Tlf.c ,:tt a- nci- oaid County and State, residing therein, duly commisioned and sworn, personally appeared, 1 a.- tt.rt'r-v.cl an ((jam O tY a Bo UrerV, 9ora of C t%4ounty a Orange, sa ara acting as the governing board of Orange County, known to me to be the person described in and whose name is subscribed to the within instrument, and acknowA ledged to me that he executed the same on behalf of said County of Orange, and as such officer thereof. IN WITNESS WHEREOF, I have hereunto set my band and affixed official seal the day and year in this certificate first above written. "x`611 In an or sn Notnty n County and State VMAn in(uslf Ny Commission BxpireS ' ` N.:,.m n, ('0 Pith 2,4, ipfff' . Santa Ana -Delhi Channel Diversion Project Agreement D15-013 25G -70 Page 66 of 74 F 3 Notnty n County and State VMAn in(uslf Ny Commission BxpireS ' ` N.:,.m n, ('0 Pith 2,4, ipfff' . Santa Ana -Delhi Channel Diversion Project Agreement D15-013 25G -70 Page 66 of 74 i! .... CONSI'NT TO GRANT OF EASEMENT. BOCN5862 Pn [314 'CRE IRVINE COMFANY, a Corporation, does hereby consent to the foregoing Grant of Easement) provided, . however, that such consent shall apply to said'Grant of Easement exclusively, and that such consent shall not be deemed or held to waive, release, alter, change, impair or in.eny manner affect any of the coven- ants and conditions provided in the deed dated June 30, 1958 by which ilia undersigned conveyed to the County of Orange the prop- erty described in said Grant of Easement. THE t+ NE COMPANY I gy j Ra 17W.to", CE REafa gyJJAOk..tdniler:' APPROVED AS TO FORM _ rsAAlts s. WMtttt11 9rttrL,Iy STEPHEN R. TAMURA .. COUNTY COUNSEL i . APPROVED DONALD 110DnS AIRPOORRT� HADMISER / F I, DESCRIPTION COMPARED gy/.dg_'� � gMY^RMFS, i Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -71 n4CgiaalS�en{+jR�(rQUf 5 Y OF yWx[ W MI.Y.OIYWW IN UFFICIAL REQP,US OF OHANaE COUNTY, CALIF. ,y,,0,tM SEP 27 1951 RUBY WFAAURB,County PRorde FREE Page 67 of 74 Santa Aria-Delhi Channel Diversion Project Agreement D15-013 25G-72 Page 68 of 74 1,11 01 CAVOINIA, COUNTY Of 09ANU 11 ..... ..... ­11, nW ... d ---,Robert. _W.__Ivng r I'd CRINI-1 SI-1- 1 FLORENCE PTY ale MY CMm1won 1r rtes NV 24 ta(v1 7 Santa Aria-Delhi Channel Diversion Project Agreement D15-013 25G-72 Page 68 of 74 EXHIBIT E EASEMENT COUNTY TO DISTRICT CEIZI'IFICATE OF ACCEPTANCE This is to ecatil'y that the interest in real property conveyed by the within decd or gaunt to the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate anti politic, is hereby accepted by order of the Board of Supervisong of the County of Orange, California, acting as the governing board of the ORANGE COUNTY FLOOD CONTROL DISTRICT, and the ORANGE COUNTY FLOOD CONTROL DISTRICT consents to recordation thereof by its duly authorized officer, Dated: Amended Easement to DISTRICT ORANGE COUNTY FLOOD CONTROL DISTRICT By: Shari L. Silsby, Director OC Public Worlcs Per Minute Order dated Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -73 Page 69 of 74 EXHIBIT F OCTA Tier 2 Guidelines are available at OCTA's website; at the following link: http:[[www.octa. net /pdf /CTFPGu idelines %E2 %80 %93LatestVersion. pdf Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -74 Page 70 of 74 EXHIBIT G Insurance, Bonds and Warranties I. Design and Construction Insurance Requirements All consultants, engineers, mitigation agents, the Contractor and each subcontractor to perform work on the Project environmental, design and construction or satisfy obligations in this Agreement shall maintain and provide OCFCD, or COSTA MESA if applicable, with proof of insurance for coverage as set forth below prior to commencement of work: Coveraee /Limits Coverage Minimum Limits Commercial General Liability with $1,000,000 limit per occurrence products and completed operations and $2,000,000 aggregate contractual liability Automobile Liability including coverage $1,000,000 limit per occurrence for owned, non -owned and hired vehicles Workers' Compensation Statutory Employer's Liability Insurance $1,000,000 limit per occurrence Professional Liability Insurance $1,000,000 limit per claims made or occurrence $1,000,000 aggregate Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) Form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. Qualified Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier) or have a minimum rating of A- (Secure A.M. Best's rating) and VIII (Financial Size Category) as determined by the most current edition of the Best's I {ey Rating Guide/Property- Casualty /United States or ambest.com Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -75 Page 71 of 74 1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming each Party and JWA and its elected and appointed officials, officers, employees, and agents as Additional Insureds. 2) A primary non - contributing endorsement evidencing that the contractor's insurance is primary and any insurance maintained by any Party shall be excess and non - contributing. 3) A Products and Completed Operations endorsement using ISO Form CG2037 (ed. 10 /01) or a form at least as broad, or an acceptable alternative is the ISO from CG2010 (ed. 11/85). All insurance policies required herein shall waive all rights of subrogation against the Parties and their respective elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. If a Professional Liability policy is a "claims made" policy, that contractor shall agree to maintain professional liability coverage for three years following completion of construction and acceptance of work. The Products and Completed Operations coverage shall also be maintained for three years following completion of construction and acceptance of work. The procuring of such required policy or policies of insurance shall not be construed to limit the Contractor and /or its subcontractor's liability, nor to fulfill an indemnification provisions and requirements, nor in any way to reduce the policy coverage and limits available from the insurer. Required Bonds Contractor shall provide a faithful performance bond, payment bond, and warranty bond (individually "Bond" or collectively "Bonds ") subject to Director prior approval and the terms herein. Each Bond shall name the Parties as beneficiaries and grant each Project Representative the right to enforce the bond to complete the Facilities in compliance with all construction obligations including but not limited to those for warranties. Sureties providing these Bonds shall be a Treasury Listed Surety Admitted in California (Federal Register) with a current minimum Best's ICey Rating of A- and a Financial Size Category (FSC) of VIII or better. Contractor shall pay all premiums and costs thereof and incidental thereto. SANTA ANA and the Project Representatives agree to not release the Contractor from its Bond(s) without the first obtaining mutual written approval by the Project Representatives. Release of a warranty bond(s) shall occur no earlier than the third anniversary of the sign -off date on the applicable CPP(s). Contractor to provide faithful performance bond(s) in an amount to cover 100% of the estimated construction cost for the Facilities (including labor and materials) to insure the Contractor's faithful performance of all work under the construction contract Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -76 Page 72 of 74 and the replacing of, or making acceptable, any defective materials or faulty workmanship. No alterations, time extensions, additional work or other changes authorized by the Agreement or the contract may be made without securing consent of the surety or sureties on the Bonds. Contractor to provide payment bond(s) in an amount deemed the by Project Representatives as sufficient to guarantee the Contractor's faithful performance of contract obligations, including those required for warranties and any performed post - construction. Required Warranties Contractor to warrant that materials and equipment furnished be new or good quality and carry all available manufacturer's and installer's warranties and that construction be of good and workmanlike quality in accordance with the terms of this Agreement for a period of three years from completion of Project construction and the sign -off date on applicable CPP(s). Any work not conforming to these requirements shall be considered defective work. The construction contract shall not limit the time that owner of improvements has to pursue any action for defective work for a time period less than the applicable statute of limitations. II. Operation and Maintenance An O &M contractor(s) shall maintain and provide OCFCD and /or COSTA MESA, with proof of insurance for coverage, at minimum, as set forth below: Covera¢e /Limits Coverage Minimum Limits Commercial General Liability with products and completed operations and contractual liability $1,000,000 limit per occurrence $1,000,000 aggregate Automobile Liability including coverage for owned, non -owned and hired vehicles $1,000,000 limit per occurrence Workers' Compensation Statutory Employer's Liability Insurance $1,000,000 limit per occurrence Required Coveraee Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. Qualified Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in Santa Ana -Delhi Channel Diversion Project Agreement D15-013 25G -77 Page 73 of 74 The State of California (California Admitted Carrier) or have a minimum rating of A- (Secure A.M. Best's rating) and VIII (Financial Size Category) as determined by the most current edition of the Best's Key Rating Guide/Property- Casualty /United States or ambest.com Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 4) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming each Party and its elected and appointed officials, officers, employees, and agents as Additional Insureds. 5) A primary non - contributing endorsement evidencing that the contractor's insurance is primary and any insurance maintained by any Party shall be excess and non - contributing. 6) A Products and Completed Operations endorsement using ISO Form CG2037 (ed. 10 /01) or a form at least as broad, or an acceptable alternative is the ISO from CG2010 (ed. 11/85). All insurance policies required herein shall waive all rights of subrogation against the Parties and their respective elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. The procuring of such required policy or policies of insurance shall not be construed to limit the contractor and /or subcontractor liability, nor to fulfill an indemnification provision and requirement, nor in any way to reduce the policy coverage and limits available from the insurer. Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 25G -78 Page 74 of 74 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE TO UTILIZE THE ALERTOC EMERGENCY MASS NOTIFICATION SYSTEM {STRATEGIC PLAN NO. 1, 2B} CLERK OF COUNCIL USE ONLY: `.0 e 0 As Recommended C7 As Amended ® Ordinance on 1" Reading C.J Ordinance on god Reading ® Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a five -year Memorandum of Understanding with the County of Orange, commencing July 1, 2016, to allow the City of Santa Ana to utilize the AlertOC emergency mass notification system, at no cost to the City, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION AlertOC is a county -wide emergency mass notification system which allows for the rapid distribution of information during emergencies to residents and businesses. This emergency information may include evacuation orders, lock -down or shelter -in -place orders, the location of evacuation routes or shelter facilities, the availability of food, water, medications or other commodities during disasters, or other emergency instructions or warnings. Information can be distributed via landline telephones, cell phones, text messages, emails or links to other social media platforms. The County of Orange purchases the AlertOC system from a vendor and funds it through County General Fund money. This allows the County to distribute information during County -wide, regional emergencies. The County also allows Orange County cities to utilize the system as well, at no cost to the cities, for local, city- specific emergencies or city- specific information during regional emergencies. By funding one system and allowing its use throughout the County, the County promotes the objective of having one emergency notification system and one database of contact information for residents and businesses, instead of numerous competing notification systems and multiple databases of contact information. This also relieves the City of the cost of purchasing its own mass notification system. The system can also be utilized by the City to distribute emergency information internally to City staff. 25H -1 AlertOC Memorandum of Understanding July 5, 2016 Page 2 In 2013, the City signed an MOU with the County for use of the AlertOC system through June 2017. However, in May 2016, the County exercised an option to change the vendor administering the notification system. Therefore, the County is requesting a renewed MOU to reflect the new vendor and the new MOU will begin July 1, 2016 and extend service until June 30, 2021. The existing MOU will remain in effect until the new one is finalized. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 - Community Safety, Objective #2 (Broaden communications, information sharing and community awareness of public safety activities), Strategy B (Expand the use of social media platforms such as Facebook, Twitter, AlertOC, YouTube, Nixle, Crime mapping, smartphone applications and the City website to share information with the community). FISCAL IMPACT There is no fiscal impact associated with this item. Carlos Rojas Chief of Police Santa Ana Police Department EXHIBIT: 1. Memorandum of Understanding 25H -2 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE AND PARTICIPANTS FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM This Memorandum of Understanding, hereinafter referred to as "MOU," dated July 1, 2016, which date is stated for purposes of reference only, is entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the undersigned municipalities, public universities and water agencies responsible for protecting a resident population and maintaining a dedicated public safety answering point (ASAP) within the County of Orange, hereinafter referred to individually as "PARTICIPANT" or collectively as "PARTICIPANTS." This MOU is intended to establish governance and terms of use for a Cormtywide Public Mass Notification System. RECITALS WHEREAS, COUNTY is sponsoring a Countywide Public Mass Notification System ( "System ") for the primary intent of providing timely communication to the public during times of emergency; and WHEREAS, the County is malting use of the System available to all cities and agencies within the County of Orange who have the responsibility for protecting a resident population and maintaining a dedicated public safety answering point (PSAP); and WHEREAS, COUNTY entered into Orange County Agreement No. MA-060-16011934 ( "Agreement") with Everbridge, Inc., for the provision. of Public Mass Notification System Services, on or about May 24, 2014, attached hereto as Exhibit A, to disseminate critical, time - sensitive emergency information to COUNTY's citizens and businesses through phone and e- mail devices for emergency notification purposes; and WHEREAS, COUNTY agrees to provide to PARTICIPANTS access to the services provided by Everbridge, Inc. as contained in the Agreement in exchange for abiding by the terms set forth in this MOU; and WHEREAS, PARTICIPANTS agree to uphold the same terms and conditions of the Agreement, to use the System in compliance with all usage agreements, including but not limited to the End User License Agreement, identified and incorporated herein as Exhibit A (Orange County Agreement No. MA- 060 - 16011934, Exhibit B (Countywide Public Mass Notification System Policy and Guideline) and Exhibit C (Nondisclosure Document), and the terms of this MOU to receive the benefits raider the Agreement. NOW, THEREFORE, the parties agree as follows: Page I of 6 25H -3 1. Definitions; "Agreement" shall refer to Orange County Agreement No. MA- 060 - 16011934 between COUNTY and Everbridge, Inc. The Agreement is attached to this MOU as Exhibit A. "Countywide" shall mean all geographic locations in Orange County, California. "Contact information" shall mean PARTICIPANT and public contact data stored in the System for the purpose of disseminating communication in accordance with this MOU and its Exhibits, "Confidential information" shall include but not be limited to personal identifying information about an individual such as address, phone number, Social Security number, or any other identifier protected from disclosure by law, and/or any other information otherwise protected from disclosure by law, for example, the identity of a victim of a sex crime or a juvenile. "Emergency" shall include, but not be limited to, instances of fire, flood, storm, epidemic, riots, or disease that threaten the safety and welfare of the citizens and property located within the boundaries of the COUNTY and PARTICIPANTS' respective jurisdictions. "Emergency information" shall mean information relevant to the safety and welfare of recipients in the event of an Emergency. Such information shall include but not be limited to instructions and directions to alleviate or avoid the impact of an emergency. "Emergency notification situation" shall mean instances when emergency information is to be distributed through the System. "Individual User" shall mean an agent, officer, employee or representative of PARTICIPANT that has been granted access to the System as set forth in this MOU. "Non- emergency information" shall refer to information that is not relevant to the safety and welfare of recipients, but has been deemed to be of significant importance to a PARTICIPANT's jurisdiction to justify the use of the System to distribute such information. "Non- emergency notification situation" shall mean instances when a PARTICIPANT deems non- emergency information to be of significance to a PARTICIPANT'S jurisdiction and the PARTICIPANT uses the System to distribute such information. "System" shall mean the Public Mass Notification System as provided by Everbridge, Inc. to COUNTY under the Agreement, The System is designed to disseminate information by utilizing common commnunications, i.e. telephone and e -mail communications to citizens and businesses as permitted under the Agreement. Page 2 of 25H -4 H. Hold Harmless: PARTICIPANT will defend, indemnify and save harmless COUNTY, its elected officials, officers, agents, employees, volunteers and those special districts and agencies which COUNTY's Board of Supervisors acts as the governing Board ( "COUNTY INDEMNITIES ") from and against any and all claims, demands, losses, damages, expenses or liabilities of any kind or nature which COUNTY, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damages to property as a result of, or arising out of the acts, errors or omissions of PARTICIPANT, its officers, agents, employees, subtenants, invitees, or licensees. COUNTY will defend, indemnify and save harmless PARTICIPANT, its officers, agents, employees and volunteers from and against any and all claims, demands, losses, damages, expenses or liabilities of any kind or nature which PARTICIPANT, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damages to property as a result of, or arising out of the acts, errors or omissions of COUNTY, its officers, agents, employees, subtenants, invitees, or licensees. III. Term: This MOU shall be in effect from July 1, 2016 and shall expire on June 30, 2021, unless COUNTY funding of the System becomes unavailable at which time PARTICIPANTS will be given six -month advance notice per the termination terms found in Paragraph IX. Termination, below. IV. Scope of Services: PARTICIPANTS shall receive from COUNTY access to the same services being provided by Everbridge, Inc. to the COUNTY under the Agreement. COUNTY's involvement in this MOU is limited only to extending the availability of the terms and conditions of the Agreement to the PARTICIPANTS. V. Use. Use of the System and its data, including but not limited to contact information, is governed by the terms, conditions and restrictions set forth in the terms provided in Exhibit A, B and C. All PARTICIPANTS agree to the terms and conditions contained in Exhibits A, B, and C. COUNTY retains the right to update Exhibits A, B, and C as needed, in whole or in part, during the life of this MOU. Any and all revised Exhibits will be distributed to PARTICIPANTS within five business days of the revision date and shall be incorporated into this MOU, Such modifications to the Exhibits shall not be deemed, an amendmeut for the purposes of Paragraph X. Amendments, below, PARTICIPANT, including each of its agents, officers, employees, and representatives who are given access to the System, agrees to abide by the individual terms of each agreement and the additional conditions incorporated herein. Breach of use may result in individual user or PARTICIPANT access account termination, PARTICIPANT agrees to require each Individual User to execute an Individual User Agreement (Exhibit D) regarding their obligations to maintain the confidentiality of login and password information; ensure that they will use the System in accordance with all applicable laws and regulations, including those relating to use of personal information; that they may be responsible for any breach of the terms of the Agreement with Page 3 of 6 25H -5 Everbridge and /or this MOU; and the confidentiality provisions of this MOU. PARTICIPANT further agrees to provide a copy of the signed Individual User Agreement to COUNTY and notify COUNTY if an individual user withdraws their consent to the Individual User Agreement at anytime during the term of this MOU. The scope of services under the Agreement is limited to using the System to distribute business communication to PARTICIPANT inter - departmental resources and /or emergency information to the public in emergency notification situations. All PARTICIPANTS have read and accept the terns and conditions found in COUNTY's "Countywide Public Mass Notification System Policy and Guideline (June 30, 2008) ", attached hereto as Exhibit B. VI. Notice: Any notice or notices required or permitted to be given pursuant to this MOU shall be submitted in writing and delivered in person, via electronic mail or via United States mail as follows: COUNTY: County of Orange — Sheriff - Coroner Department Emergency Management Division Attn: Donna Boston / Emergency Management 2644 Santiago Canyon Road Silverado, CA 92676 PARTICIPANTS: Each PARTICIPANT shall provide to COUNTY a contact person and notice information upon entering into this MOU. Notice shall be considered tendered at the time it is received by the intended recipient. VII. Confidentiality: Each party agrees to maintain the confidentiality of confidential records and information to which they have access a result of their use of the System and pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this MOU. All information and use of the System . shall be in compliance with California Public Utilities Code section 2872. No party shall post confidential information as part of a mass notification unless the law allows such information to be released. V111. Termination: The COUNTY or any PARTICIPANT may terminate its participation in this MOU at any time for any reason whatsoever. If any PARTICIPANT chooses to terminate its participation in this MOU, the terminating PARTICIPANT shall provide written notification in accordance with Paragraph VII. Notice, above. Such notice shall be delivered to the COUNTY 30 days prior to the determined termination date. A terminating PARTICIPANT shall uphold the obligations contained in Paragraph II. Hold Harmless in its entirety and Paragraph VIII. Confidentiality, above. Upon termination, PARTICIPANT agrees to inforn each PARTICIPANT user to stop using the System and to relinquish all System access, user accounts, passwords and non - PARTICIPANT data Page 4 of 6 25H -6 to COUNTY immediately. PARTICIPANT may choose to delete and /or export non- public PARTICIPANT (aka inter - departmental) owned. contact information, as well as, export resident provided contact information prior to termination. Resident provided contact information acquired through PARTICIPANT sources shall remain in the System and available to the County for regional or multi - jurisdictional notification use as needed. Should COUNTY discontinue its funding for the System, which shall be grounds for COUNTY's termination of its participation, COUNTY shall give PARTICIPANTS six- month advance courtesy notice prior to terminating the Agreement. All other reasons for terminating by COUNTY shall be valid upon providing notice to the PARTICIPANTS. Upon termination by COUNTY, this MOU shall no longer be in effect. Termination by a PARTICIPANT shall not be deemed an amendment to this MOU as defined in Paragraph X. Amendments, below. IX. Amendments: This MOU may be amended only by mutual written consent of the parties involved unless otherwise provided for in this MOU. The modifications shall have no force and effect unless such modifications are in writing and signed by an authorized representative of each party. Termination by a PARTICIPANT or adding a new PARTICIPANT to this MOU shall not be deemed an amendment. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by their duly authorized representatives as of the dates opposite the signatures. COUNTY OF ORANGE By: Sandra Hutchens, Sheriff - Coroner County of Orange PARTICIPANT: Date: By: See attached signature block Date: Authorized Signature Print Name and Title Page 5 of 6 25H -7 ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:C11CkelC3, %ate Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager Page 6 of 6 25H -8 Exhibit A 25H -9 JUN 12 2014 P0(1) 'era . MEMORANDUM OF UNDEPST'ANDING BETWEEN THE COUNTY OF QR.A»QP AND PARTICIPANTS FOR USE OF C€7UN'T'1' WID11, MASS NOT( (CATION $ ST"EM This Monwandual of 'Understanding, hereinafter referred to as "MGU, dated „,_ , which date is atated far purposes or reference only, is entered into by and between the County Of. orange, a political subdivision of the state of Cali£otxda, hereinafter referrcd Iv as "COUNTY," and the undomigned maniuipalities, public vniveksides and water agencies responsible for protecting a residentpopniation and maintaining a dedicated public safety snswering point (PSAP) within the County of orange, Ileminafter referrud to individually as "PA?3.TIt;IPANT" orcollcatively as "F?+F: "i'CGti'aNTS," This MOU is intended to establish governance and tercets of use for a COUntywlda Public Mass f i'otificaF an System, tTCCI'i"A.I,S WHERl~F S, COUtTrY is 5 onsoring a Countywido Public, Mass Notification System 'System ") for the primary intent csf providing dro*ly eornmuplcation to the public durkng tunes oremorgenoy: and WHEREAS, the County is making use of the System available • to alt cities and agencies within the Cnitniy of areago who have tare tospnnsiotlhy forprotectiug a resident population and maintaining a dedicated public safety answering paint (?SAP) and WIfBREA a, COUNT" entered into Orange County Agreement No. MA46 13011483 ( "Apomeae,j'with Wackboard Connect, Tae„ for the prevision of Public Muss Ifntiftestitii System Services, on or about.May 21, 2013, atlacbcd hereto as �itibitHA. , to disseminate critical, time - sensitive enterer tiny information to COUNTY% citizens and businesses through phone and e -mail devices foi errnargeocy hotiFraation purposes, and WHE Z-A"S, Blackboard Connect„ Too, agroes to Provide to PARTIMANTs the serview agreed to by Dlacicboard Connect, Inc, and COUNTY as coutainad under the A,greedrent irl oarhange for abiding by the terms. act Forth in this MM and WHPREAS, PARTICIPANTS agree to uphold the sanxa terms and conditions of the Agreement, to use the System in con2pilance With 411 usage agreements identified and incorporated heroin as.E:thib4 A (Orange Conty AgreernemNQ. MA- 060 - 13411688), Exhibit B (Countywide Public Mass Notification System. Policy and Guidelino) and J5xhihjt1 -C (Nondisclosure Doqumcot), and the terms of this MOU to receive the benefits under tho Agreement. Page t of S 25H -10 L y14yrC�W? THEiREVORa, tho'partics agree ss£gl.l(twC L ,X7s'Nltlow,, 'Agreep chlo shall Mfor to Orange County Agreement No, MA- 060.131116'&8'bet'woun COUNTY And Blackboard Cormect, Inc. The Agroomorl is attached to this MOU w Exhibit A. "Caunlywido "shall aiaean all geographic locations in Orange County, California, "Contact hifotmation'" shalt mean PAIk TICiPANT and public contact data stored M' the System for the purpose of diasemivating: cotxununicaC on in a'ccordsnee with thia Mau and its ExMbfts.. '°EmergencyY' shall fnchide, but not be Ilrx hod for 3nstancas of £ire, flood', storm, epidemic, riots, or disease+ that threaten the safety and welfare ol'the grtlzens and property located within the boundaries of the COZTY and PARTTC`IPANV respootivo jurisdictions, "Emergency inPRrpafiort" shttll dean inform rolevpnt to the .sa %Ey.and welfare of reoipierxts to the event Of, an Pindrgeney. Such information shall: include bat not be limited to instruotipns and directions to alfevcatu or avotd the impact of an emergency. "Ernergenay natifii €ation attuoip'at" s1mil mean, lnstaac;es when ettergency infeTwatiau 1s to be d.0aributed through the SyRfern "Nort- enicrgonCy intOnnattoat" shall cotter to. siaCarmatita -that is not relevant to the safety and i4lfiaue of rooipzOufs, 4aG has been doomed to be of, slgnif cant hupornmoo to a PARTICIPANT "s Jurisdiction tw justify the rase off the Sysumt to diatriba(q such iufo17ua8bn..: 1 *VQq- e1.n,g80 nGp naC hcation shaadoe shall naeati ipataogOs When a PARTICIPANT deems tar# k- emergeaey information w b,. Of signifla anca to -a. PARTICIPf1NT`rar dur adiatl'on and the PARTICIPANTuses tare Systutn to distribute such Information., `'System` shall, mean the Palalic Mass Nptlilpation Systotn as provided by Blackboard Connect, Ino, to COUNTY natter the Agreement. Tho'S y0forn i dos nod to d'isstrnlrwie infprmad'on by utilizing comrrron camfnrniaata i,e lolephone and e -mail eotnmuiriaations to 064-8 and buaiueswa ,as,ponsfittedtindor the Aveornenit II. Mold Harmless; PARTICIPANT wilt defiond, lndetnuit'y and t we karmleos COUNTY, its elected o €ftola{ts, offo © %, agenfs, otploye ai volnntee?rs and those special districts; and agonctea. which; CUUNTY's hoard of Super'vMDrs now as the governing Board ( "COUNTY INMNINITEFS ") from and against any and all claims, domande, lossos; damages, expenses or liabillEtos .of any kind or n4wro which COUNTY, its officers, agcun, employees or voltanteeii Wray suatxjrs or amaar or which may be imppood opon page Z of S 25H -11 theta for Nury to or death ofpersons, or damages to property as A result of, or arising out of the acts, errors or umiasioux of PAATfdIOANT, its offiws, agents, employees, subtenants, invitees, or llcenspes. COUNTY will defend, Indemnify And save'1»a(ess PARTIf'IPANT, its ofiieers, agents, etrnployeos and volunteers from and against any :acid all claims, demands: losses, damages, expenses orliabilifies of any kind ornature which PARTICIPANT, its officers, agents, ennplpyees or volunteers ivay sustain of incur or which inay be imposed upon, them for Injury to or death of persons; or damages to property as a result of, or arising out of the acts, errora or emissions of COUN -ryY its officers„ agents, employees, aubteuants, invitees, orticensees, ITk TorI } This MOU shall be fit offset from shall expiro on fune,d0,MH , unless COUNTY finding of the System bocum& unavailable at whieh time PARTICIPANTS will be given six -month Ovanaenotice per the termination teems found in Paragraph l%C Termination, below. IV, Scups of Services: PARTICIPANTS shall reeoive fraip BlaolrbOard Connect, Inc, the same services provided by Staeldroard Conner €„ Pna, to Tire COUNTY under the Agreement COUNTYs Involvement itt this r1\1OU is limited aaly to extending the availabil ty of the terms and conditions of the Agreement to the PARTICIPANTS,, P. arIiTIC'IRANTS and BlUkhoand Connect, Ina ackn0Wj0dgo and agree that army Eadons takca by Blackboard Canineet, Tnc. of any 11AATICTPOT adder the scope of the Agtoorment and this MOUT are the respontzillilrty of Mackaboard Conneaut Inc; and the, respacrivo PARTICIPANT. V, Usw Use Cif the System audits irate, inch ling but not iiutited tp sotttact r'nf trgnntinn, is. gaveruod, by the wrens, conditions and resYrictrons sat forth lu the forms provided in pWiilbit A, B and C, All PARTICIPANTS agrveto the tetmrts and rtnkxiitSd'ns e natained,lti Exhibits A, B, and C. COUNTY tenpins the right tna update Utdrilxtts A., D, atad C as needed; in whole or is part, during the life afthism"OU, Any and alt rtwlaed l xlid is wlll be distributed #o.PARtICOANT5 va6lu five bosa"noss days of the reailsion date slid s "hall be incutt praded;ixtto this MOT1. Such trtodifleatitins to the ExbiblN shall ubt be deenmcd an aipondim errr fortha prarposes of P'tuagt aSah, � A*ndmea% below.. PAWI'ICPPANT, induldijAZI each of its agents, o£Ci ors, employces; and representatives Who are given acres to the Systdm, agrees to ahfde by ilto ludlivl lual'torrns of each agragromat mild the additional condiitions i neorporatod hormin, Breach of rise~ may fosult in individual user orPARTICUTANT access: aecuunt termination, 'The scope of services under'thd Agtcoman't is limited to using the System to distributo business t¢mrnnnleration to 'PARTICIPANT 'Inter•departmontal rosourw . and/or emergency Information ta. the public In emorgency notifloation. simat(oris. PARTICIPANTS: may altango for the use of the Systens with Blackboard Gannett; .Yoe, to distribute non- aumetgency inform Ooh, However, any agreement reached betwsgn Blaokbotfrd Connect, Ino, and airy PARTICIPANT for the also of wlie System for pants emergetley notification situations shall exist- only F e tKatt Illarkbaard Connect, rho, and Page 7 013 25H -12 ti ?e FARTIC1PANC. In aadordauW Mtlr Parageaph'it, hold ttactrnless, above, c0uNT" shalt be head harmless and tndemniffed by the 'PAVICIPANTS and Blackboard Connect, Inc. from any Actions whatsoever arising from any PARTICIPANT s use of the System for nonr.emergerzwy aorvlooq, All PARTTCII ANT$ have road-and accept the terma and condition found in COON` Yls Tmntywida 1`06a Mass Natifiiaation System Policy and Cui'd'el'ina (TCajo 30, 2009)", Attached hereto as Exhibit ht, V1, Compensation, All compaaasation owed by PAMiCIPANT3 to BlacIftard. Connect, ino, shall be made botwaon PARTICWANTS and Blackboard Connect, Ina, YII, Notice. Any notice or notieos required Or permitted to be given, pursunux to this M U shaft' be submitted In writing and delivered In pepibn; vi "a eloctrpni'n raell or, vie United ablates mail as $allows; Ctytli�1'Pk't Coytuyof09"j e - SharifrCoraner D% partmotxt Emorgcnoy 0.6nsgement Bureau AGtnr. Doatna Beaton I Stttergoncy Managetnens 2644 Santiago Canyon Road Vverado, CA 42676 1`rt,RTICIPANTS; Each PA:I TICIPANTshall provWetoCOUNI TY a cautaetperson and notim inforiaratian upon eptering late this ROU Nct ec shall ba ceri4asred tenctervd, at the time it Is received by the- iittendvd 'tecpii"It, 1 TII, Cnnililentlality: Bach party agrees to malnWq the ao# "idoitiiatityr of el( ralaTdd rocorrly. attd informatlotu of thr- other patty porseunt to all futlu*y !awe relating to Privacy nod„ aonitd 'ntvaliCy tl4at eiarrphkly 0glst, orx[st €t t n) time duti lag tXte terrxitl tS ivI OTR. ALL mtbrrnaN;gq tnd do 6f the Systc.1 shelf ho in eoinplianca =with Ca iforgio Public Utilities 64 sccti(ob 2„ M T'orminnftont The C;CJIIN'i''Y or any 11AR TIMPANT anay terminate its participation- in this mou at any drug for any 'oason whatsoever,, If, 4ny PAMC IVANT aihooses to t0rrrrinnts its purticlptttion In thi's Tv OV, t4a tertninating PAI(TICIIIANT ahakt provide Winton not 6atica in accordnace with Paragrnph 01, Notiee, above, Such notirtephall be delivered to rho COUNTY 30 days ,prier to the dater7tirxc4 tertanation date;_ 4 tanninadug PARTICIPANT shall uphold the obligattonc coatanaed in Paragraph 11, Kgld Hannlcas in fts entirety and Paragraph G"Xli, Confidentiailty, above. Upon termination, PANTICIPAN` I agrees to inform each PARTICIPANT user to stop using the 5ystemand W relitrquish all System access, user accounts, passwords and bon- MRTICII?ANT data tc COUNTY hnrnediatoly, PARTICIMNT may choose to delete andlox expert non pubito PARYICIPANT. (aka interdepartmental) owned contact inf>,t?t',mion, as wolf as, exp,trt resident provided contact itz MMatlon prior to t'ermhtationc Resident prouidod Pogo W5 25H -13 eontaot informatlon acquired thrnugh PARTICIPANT so=" remalr? III the Systom acid available to the 'CCuntyfor reglontil or to tltf jurisdlctzonal witifloation use as needed, Should COUNT dlscnnnnue its funding for tho System, wNph ghall be grounds for COUNTY's tereaination'of its - participation,. COUNTY shall give PARTICIPANTS six month adyana'e courtesy notion prior to terminating the Agreenneuxt, All other reasons for terminating by COUNTY shalt be valid upon providing notice to the PARTICIPANTS, upon termination by COUNTY, this MOIJ shall no longer be In effect. Termination by a PARTICIPANT shall not be decrocd An tizstendiriml to this MOU its defined in Paragraph X. Amondmants, below'. X. Amandiueriw This MOU may be amendod only by mutual written consent of the parties involved unless otherwise provided for In this MOU, The modifications shall have no force and effect unless such modifications are in writing and signed by ari authorized representative of each party. Termination- by a PARTICIPANT err adding a new PARTICIPANT to this MOU shall not be deemed act antendinent. IN WITN&SS TVIt.>rREOF, the parties bmte have onused Ibis iviamorandxan of Understanding to be oxewted by their duly tttthr r &ed: eepresontafl? es as of the datos bpposito the skgnatuvm COUNTY OF ORANGE Sandra Z-Iufchens, S riPtCareo'taer r C,punty ni`�rab�a PACti "TC.[IAN "1';_ J 1 I11V 11I „V�,, David'cavezo City Manager Qtly of Santa Ant Idy,� ]date; Au¢liarixed Siguaatpus `T� Print Name rand Title orFi pp�}'Lr�oAs1''0 Pow o-v5 CNANCEC1A661 Y��AGtFQRNOA fi'( ! G �Utr Data•.w,,, E APPROVED AS TC}ii'OWYS Laura A, Rossini, .City Attorney papa 5 of 5 'WAR IAa. wU14R 0.LERK OF THE COUNCIL 25H -14 corrwml mmo-I3Oqms 1., TUTS A10ROMBOt' "Contomil t�-1 of 011.0 palls, Masi -Noti.riottoa Syiilojn,. as Ourther descrtbucl hmiji, Is mjvac, and miced inta,LO of di a dato 11111Y by aunt L?fwmq im Caunty of Omago, ogniting 1,111,05sh iN Dopublipilt. a Jbo $W of Cklirdail, lie "Couty" CoMicfl; Ina, with a pLL ofwtiWp vt liiN Waluva: fliv&, 1317UPq MMIOWaft vah, rA 91403 , to u ("COLIUmOolv), wM6 is aolooftel fildividualtyN.Xarim to W,u.vuty" , w oollgoth*Y 1001-rod tgAs "Palli6il" ttequest fm, PrOpoilat (AYjJI) to P*Adi R-POW mdallorwatfoo �pt=,Us Airthaxslu foici Woial Bad WtLRgii6S, add tW.estgjlwd Vial% pmpwTd qrmceod the vjiq4immaIq and spcuuti atlbus of ard WA,MW, Ole C Lklaty CIranago Uqayd has ftwdlgazold.tht pmrahsAg APat or Ws dotguo'co 001er 4vto 11 (.471)(mot IlTrapil6tiq 5Y51CF61'. how, TuPlaraiM, ilie 1arifes maloaPyllarm Lia L`04oww corms A. Covornivu Law Pad V4711yer TWO contract blab p weptimW alid1r,"OuNd III the St O of 61t6rillp oud 511itl ba govP1,113d by tbe. cyZnji; �f alty totil 46jigtt W qL11'pAW, dr [JiMrp �l tfil;, �Uulolot, lbo,iiqi4, two mpurvurent1v I vwcy, lliqMImt'lt, H Kb , R ,to rvqm,,st that, aii ockii Nalraft0th,oed &ttft t0o6itiop cvvjmy, the Ntraol; svitk .44wi to dir va(Lqvi b(zOly wad ffiora flrd Itt cusRfot loas, 0, IflIdgWi1gs 0,11v OILI'LI, 1114uc sat forth 11*611 or to [Wohl, N6, egos Qojiil, tCWxrtttirua iilbdkM or L'OVIII1,01M 11110 Mid di' bfqdlltlg tan ciimq, twimq, KabdAkotl by Italdowd warm, cotdi0ohij, or P , ov apot, fliOuding but n't Un Atlid to 40111104 AL ih 0� , Ar it m Mnfjjm'.r tjp vai[d uVROka 0 OpIlilly mireiiiji accOd tn IIpm tir Iliosicalgaw, C, or yujildoll of *q ter)15 or HIlif caltmal 41j"O U4 v;j ul�toqs OfAilal by ftlo Nrduaj jig gi-jil tiactergimf[ag or agreament not inewpomml h4clifl '411,111 be bludijjg on Oidler ij[lth: paj.flcsi and LID. "OupLioliti, aIcerrlqtivos, WhOftwa or mpvjaujllu Lim teaIjd allffiariza by CQimty Ell writfia.g. or 4y bjw,prjt +o qIjV(Dd b[QQS alt kWA00 CIND111fla or use wx, 25H -15 oacepf'1°#e stacll al"OuRN lhet sure dM and pilyyaii,[u,by the CalmlyAa 430 dole tic W Rvinallon, (r) Con -wwr will slat bo, liable heroutid'ef, N' fW _504OTIatti 1`1140 by die CMordy 'w[lhtMtt C'or):jugtor'a .mlyintop wriiton ulipcoval of for illy inward- 6Yonrz nny asst @ell in skhinir Shv, C.�41aw used Ite )lit op- pparatiwaly wiCir dill Cwtlraotar ha tW sealcll *lt aoiitlutiu�rtsa, gatfut�yu� ta£ensca €sutrhsate.s;und ('vi) Tioa rcu,%xing huirbilf'fy aGap bat. Apply to any Palftprrrerit dalrn to 010 wout etieiflg Imil, ilia Csuntk 's use of die suvica fn,n Iiolivi or -neat ouliodW+ by OonYmaW auidtw' Ccsallity'J. usa of dre smvlaa eaI its fhuara oa bnc C4earoa not peon 2lw by Cn wotp , evilero t1ol use Oil mush -o(har scrr*lrr or hprdtwt va, gspre rtoo to 60 iufi�tt�trrtaant. i�lair>; ti. ;lrvtg mollt or 3)rb- contra iGg,, TItu wars, coveirsnts„ and cloididaLM aotrni!eitad hdrslrxbtntlt arppE y la and bGid the hdn auocomrs exaeolors, adolf inutun ntad p9mislio oQ dv M.000, frurfhea nrlh'de, aartba'c thparsrEprnapnau alibis Carllinot nor "my partied €hnGaafrnsry ba ps;Bip't[ } ov sub- aoui'roolod by the Cratttracfnr withaul tTre evxpresa' wlittbly epn8ew 6t f.oagty, Any atfeml�L byccoler`trstor to ao¢idn ar' The pertarmarlao,, or wtly pm'ti,on drar"eor or thin �oafl k.Lwithoutdr&Oxpvm'Veittoa. nunaatrt.aPt�r&tmty aGuli lny.irry,Sfid atsds.4al otrlrad Ctlt ss breach Of this Cooteaut, C`. Iw(¢pdbts rti;iniorntlunl,.(ir Glee puri.'v�an�anot o-luscarttruvS k.oIXlU!ncar a�em'�i.�u..,n.,.. wy }hdt� t9spnlYlYrCalF,4 crb �xeof6csn Ia aP dry Cpf,CEOratia Labor`adc surd uteit euiPye Itoa any wboulrta•n fors to 6ogo(ga Ix d1scr ila0flr In towloysucot OF llorsars t),ecrits m of ltl eftdou an:ad, aotal notibaatl tarfg?tt, asresp�,l p}ayrrohl dWbftdty, medial aT3aablityl u r noodilinu,rnullol NaTtu l�s dfa6dvge'eao a. Cu)Ctur,lp ar nb�y(edBos'Aatn4ad +` fltls provtpi G lltib nal s iutul Err p vwTuCtan C oOnaibWors Waa t BU146mell4 . t hreludthg IM ltd ludimrl tai kcoll 6TH er, �. 'r0 x ua 3t +o; Yrr addl k a to mw othar lwlodlas t??' xinnts °rr}v, m ty have 4o Trow, in had 04 p�zt e7 fart§ )cdo thin Coaeraet wdllout pumwCty 116 iA days, n» toast nt5dce, LreRtuf Vae y:v eta nan u1'o tfua Coat;; w, to the mVe,ff or a tarnterlul brood by the Oft PptitYl tuluGh Israaalt taarpins ooli,rod tac, tad tl(Y ftp- fal'rowf 1priGCunsbGVa i_ukTda PtiuB �hoR . x7tl ,aPtwll !fa ,ddQxe ns u)Y t±' oC- pgaheact, nny ,iT,a rprsrtanitoCltrtt §i *abd oil the port oil Ole C kwftuoWCt Csxar�ise b;y °Calmty arib rlwlt to w4utl4tm tits Caatractshnll ratiwe County droll tlrcthec rklfB %gatton(sj L'`'��ae(tk Fm• fhrr,_!tpp€ietatLpzt p'Cr4rldl¢iorrll "LtecArtb.grul C'(�rCtE{ortti �CC4VP.tt,l, forsomd;i a rolielMd wfnijlt ntaef klYs wp otti litio s rt Want'in the aega a of W-11 lied oto, daeancd, aopap0ablp yt�he County, nnrgtrt to tvTl be nrvmetd wi at(mArw4se be and ayhbla lii t flu}�o er�aermpultiaa oud shell tae, palal by f Collaty far OA orp ¢ "ua¢�,o l ro �i �q� of armitlereigsraodps or" xcnedbyPitmpipl lFd— Awoplolv4*1`01:04", K__. t uasutrt itr lira gte VA W111, K NO WrOf of pimviston or iin's Cont+actoilit bo alb'e'ztwe'd walv0d mad rd ttacnoll asaxi uules,sugft, waiver Ur uoasont eGanl'I bo is tvndtirag tvid tigned ty flte 6'srly clarplad to I10a waived at' aat)swut:04 Ally colloellf by any Puny Or; w broaola pY the etTlc`r ", t horill u° expr@ss or Illipli,od, slawEt wt 00 01hiCrie aonjew to, Will' 0", or excnlae. Cor any othccdiNretrt o°s;ulrnwlewP MlIcll� t Rwil atfas Nat Exclusive; The eotriuC 6 rbt brcma$r soe fold, in dyke Comsat are carttttlo(G'Q lis to one aulgher aml; 0 to tlmy Ghor Inovr�cf by Itw, Iwriher droll xcFutya #�; d the ov,!)rmpstnry "�oC C4ntt +wet�r InItIN,��. Illnu6apant Gainneel., iuc. r' t "ier•`uiwcr U'SS,t�q � CniatuxfNWf.AA(tD . lltlLFaN @+ 25H -16 ociumlpolw 64ow may imitimais rtlli erairtmu, Wrlimm i6itrafitte oninplilly Nt4gs'n by thm, tlioil ot out I Wok abhll to A- (Ask, MOW Umume MCI budamm brig Vow amaltriiA 917c slao A.K. Dee, t,wEnt aPAWYM, dONJUAC Q= )i Qrrcqmflr*f 6sissod LilibrIfty *3tall-tobiN U,611[r$ K&IM11 fit aTO' RV —11141111g, �w[MLITIA 4 J)00,00(7 per %fATITS11W UPDXG PO 0=ir7'6mq0 �.Ijtmq 'sa'.00,00Q per qNsm; mpdv w�tC%121�21ttia Tice C00606'Al, cr or.Cmll I :011Y cove aka SNOB bu lw.Rmi-i ;a. La p m ' roo $004 * qS Qtrmlit 0614� CA-011 20,00 4 OWtWO 414(knORR All AddiriWill lllall' Od Chdc)melrwftt ildlig FSO lbvrtjr . �0. H.10 or. CG am �Drliv tit littlia riptils its AddI00461 WOON69, 1) A I ritrlmly jjrrmqqy mid any 11T.SLItallm Or egma ilml riramomrc,.omfw tm- SOL, F")1dor U45*0 25H-17 com ' zwy Cqqiractm MA-40,1301NAZI P tutu a ttk,pwlturaLipa ("Gou'actor w"s to Uwe@ Hit ciuu't,r Oil uaakliorip twnarahip of- CgntrUUtor "s 6astgpss pr('ar lo- uolppG¢Ilon oC thin 4'antltaai, dx -kltw pwitera nTtni] ha ua 114IM - uuvder kortisytst "xala or yllperNainsf2r'ta naas4mc Con6tnatar "aaPtrifes iufcl tvfr[Lgdtibasc�fainl6�l'iL� t4b clualaot gad ctnnplcts them to that sausPa t n,¢t �,utrAJ� fi, f or cr, n5n(awrat f'uralmator aball ga4 be i limm"lt of thib Cra uqt dleiLtg any delay htapudl4 tuna axluad Mr hi; punl'bPnst�ki�aa Gf tiils ciiaffact taailz l liyarny au urdod, war, aNU dla,001t amployolant str aa:or a(her cacao ligolA its Leannnabiu oan.tsa)l, grmvjddd writ itbO•'giA Nvrittan 7oottac.Or; (fie, oauaa-Or Ilia delay Ca caaaty wldlm�6 hour arP tlkr inalt ortlhe delay agal pannuetrir uvaits,TGnseiflaany aaalt'nbla relucuidlss; �: C'ast ftctnt i ably Crldf;"000r rimes xq fit xlotato, Ohs caksfidwatrintCy of all cAunty sxa,d county dnc( �.autttlp,ralated veoe la sad sgi gnak uu pkvrenaxit to till atatkitory laws rllvalill to pcivqy kild caftha n h uy that MW 41y opisfiacaxia(ly tiny dlnc dnriq tH tetan afltiiw Wilmot, All stitch racorets anti iadartlwnort ultsll_ h� cmddored awllltf WN( sand mpk Eculllaimid by C nt�uafa,raa d so a k i n inifpag a6s pad anaplisma, U. Gtrtstllbulca with Lairs QlanlracRil ,rapras nts.and NvjuWaki t1gtt sakviaan to bapravidad ttnttaF, IS Ccza,ew Shat if Y am ly, la rvankanalnr''s MV MC,'WM all staadaptiGa 1aars,.5taF3S�a rastrkattpns, rdhvartoe , eaqudraLnenr, gild tegulitfans Criallpoft.ty °lawa`y, naCludlrkg, hut,nne llnnteel to:axosc tssltsd,by coaky i pvehngIOad onpggtty gad 0l othat la-Ws tike setvie s lit tla 610e aat*c6 -ato . als�ali ytlq� i grpvj4gt, 4a aped aaaopoad by Caautg Coestraatar Wkfrnukln't`lgss CMl o"ti d is ralyi get Cottud.CUr'tl5aasuEn ¢uch aoukpCiaeuse, antt}r<itaaatnl to E ko sagnttranenis of pYttrk'graplt "g" boil C. "utignc(tn 4g oon kiaaG IC 9haA tlaCatr 1. incWr riz Tx nd hold Calaaly turn Caeiaty INDSMVITPES hasknlesx eivii grill 14thiiitz dtwagezl� tiaaska find . ecaaksaes. xktn but yv6nlaC4auiofs�r'pJ1 w2:. V. Fratght ,Pt aaatprtes tidl uaapapMIRY Par d1t trauagao %asiasw IYiNspugtR(iRka' sahsstplfrtg, Pic t},gb, kkgadCf¢ga Egstarntare, 110 oillor .oefvl(va:t dsaa6gfaCae(.'vyff ; daCmuLy bE`'eh pPac�aoisd'aenhaci,taandasury nttd�cihts Cmahyyc t . prlakug air Co4lRu t -ptEu , 0 [E;tarp rutty tat ruw ht Fkgsoir nC l3, ,ehgtl unrsttd'a i> If as7a11penSn lira C6r 1aVaYkt ln� alt 4aa�kaiYakd gge(tia li'(. eadYdilhUe wtttt$ tquira d:. 'kC+r`lllcal'imi16 4„ AarV@aeb' nxq' a(4eciN Ihilaut 4r -karen in ltgG tOOP oY 4"dCVLCo aaatl'cd kv 611& c?uCraeb� ond, ao WRIU lu1 card oillol ran kvlil ba::nlllrw ,46, t6ar ta, `tlztlaao3is 'lip prov'Wed I,"nr itt ftto ccltlswif, X; Watvat to Jary D'ialt TO ahF RtuatC catbrao6ie a idu 1, ollOtid4 ' , Basch hdl'Py twkuatilcclgcs Flat it i3+p'parn afi at?it leaks kt�ti Iha,yl�rRL'�4t�` rq vaec sttfvicrA ak` cgtutaet tsF itv aalos w�tT. aaety krot reapoat Colts ttglss fa -• ltd �y �utry, klkacli t chap fi d Its suaceasnzas, erc�pars4 iipd asrxl�Ia, dcroy,harvtry ss,,tatessfy and, blYoivar�ly wa'!!�utind tcPaass alCl sEilni rird6'N8 kra Dotal. krY tttrY uh aauy n tan, plvanvdi ai aonntareb'aiir3 i rnitTlk t t y Yar eretn attalgatAhg �tkeP (a sfCar aEgt{la€ dy tttilocvs, ttilrcuats, uiviiilayuas, agauca ai sabatalgTr or sftiFAkil asr[tiow)! an c vlrlxrudalal td nilx satikttarg wFg ap6agr N lsh}g, put of ox, Cur.any' vuy cnur aotad wdg tiklsCsnu Silt a.gdibi atitY Skit 2r e'I'ttim gt` 4n uuyar dgu {ggo, Y. Terms wsui flogattioug''I Cnntaactof`naP n%tivl, dges that fl, TIRS road and gw: qto all fang; and 04tins tacludlld ill, lhts Catitrsrad,. Bjpvkllaaril GOaa4 4 at'. Iota 1104kv 6x'54 =11 25H -18 connadlCt fptdal; C6�uN46fF 6- L�1.1141YIIgLItiBN offaatly,q, Ibr coarnt Idn"Y i oTgfipym 6v one ad'ditfollil ss]Urilvnt or boflt .1. aeopo OF $QAqceiil I'liN Coalvilot, 11votwiltig gay AU96111TWU mid 9�,:Wbh 00004 Vic CoRtiaotiral tarns old condlaona, by'wHoli tho tpolfac(& shall poYI44 4 2vbflo Mott, Northm(jaii $yatem, as tl%adbodja AftadhL, ou( A, Spojx (JeWvA farad ..ld whir dogvmmrls i-Aromd ig, AMCMMt A), li disk A fmad 13041 00111kaot tyme'd upoll pnyh%4w; us, set fpItli ficrofil. i1of bo ildvetsolY itstjrgclud b)t soy 6agiconjem i ti) 0 ' Oquidqg t 4. julij rim lice qpe or kquyvnl=f LM ursal-4001 tt%j othoe aoupdm coali'vot, WIRY be eauffugelit fiPoil 'stil" bud Rit qp0961; jWapf o'f DgidE Amu, 01001, obllpwiq of rvad-� by,. thL * te 0(' C ,10ombi to budgo lrpjpguVQ4* emiqlB D (drvaoll wcAf pr aru otimmlin [ljwfRqd, County may tafifloodih%ly lvggddey, Vor ;iarKw ruuNrad Awhig the Cmgdty 139cal Y06 4, Whiob 0 4 mrs; itud c ipeurfsafini Midi oe V3 wa Ora 11lurgIA MOO mool, the I fed ill ttko, SCOP , ryfle0ptutnlchydaacogWy, altwetntswfp.. befavolce docnthhrwfsddrtiannrpmyaiFia -4, The COWY sti4 006 � lipliol , it it rojai� kiwajov w Ilot moglipl; ,Vr..juisjgv4,d to. rybrl. wi (to cantmotor. , Tjjv, jMptgojoy algill [14vo flit; eghl to rvq%lro tha.wiuo"I & a'OjAwodQcltor ON rw*A*r;k ilcodgi M�ijtgldtr find key goilsolinel. MMU190r Algli fl(ltiCy'9113 CORMWOK ITI WWCTg' or, RmA addoa, The the ramom� wiiblii 14 Wondai days ftftrrfl(lg(L t0rkObY 17M rqillity ,a Jlqpt mgpga; Tlix Qiigtity's, ViOV4 9kawr mvimw wick tipprij,4 t1le 4pqplMgpb Wil lypomil, abalt tot, be owcm?.O& copffwk orJall"ItAi T116 cuffrqotoc Miat mliamise voas&ablu qw-V., KAd 040110 to PlIMIt ally ifaimis ov cogjtl vo5ult to h ogaftbut vvft� thq bust rnterv,40 aC ft CKIRLY, T11404940on shalt clid. CdatTgowrla -ilb ilmvl�i; aac� gartiqq. assooulwf wift1k ligz6v �, -der consi IjihbfIt6 work gild sav'zos llcm�uilm The CatltragWf a varls 41lafl inel "Udu, but not ln� ulrli;tul to to I pivnat its eilrl'loyosa or ilgilms fkam uig4gla" rcmiufvtq, pl-ovIdilla je o6ens OUI It. oj, w1hich muld: bc daembd 14 svj�lisilr to er-Wrtilimel jMlllerica Pittlkvichrah to cuuIlty, FlId kiaort 25H-19 c4q,f(MCM. IWMIN-0 tbgz 111-6 tabogL-t coqkWtod amfNtaly Wlactg tho clallbaclf fldjostdlont fbv VRI10h t1W cbowtqj lb e€ Cvc'l thn coollty is lialdo, Cqlnuanlot", "'Os to lbliaeatly pl'opeod with tho tJkk 'fhe &w)� of gotlibi glldhc pZYWOU, or =Wcutt' T11. N dflNontly polocod ultOl 50 g hts# igl ^atl d Mwaul pwc le arlIds CoMm ' pL Any td M �l lituo a ' 010 COoltty shall '%g 0xviassly idallndftl fts hvmh, shall, be In Writing, ll'ad sTli[i lie dRill by the coljllly's Ir fafls LO milder -o, docjl;[Oo within M daya'A.fW razal{y 6filtla Conunudorla fett end, it shall be de('11�04 R flMd do 'A AM 46orsq' W, tho Cot) Hlloto?'� Gan calibus. 7110 coorlwIg 6,1101 dcailtiolt, Will bo CqWullyo. Mmillig m�n�Aya ille djqlate nlillotnt [lie coartwor coutfilonli" t(Otion Ift R, apart oe= okpleotioll or tllrg Coldrict, 04011 filly ahnfi llmillpay vcctiijT to Ilia other Virly all papas, 040403, Alld OhV Poollarfliqs Or 111C Other hold Ily mott f0v purpow of (""meoltol, of tlw Cq*Adt.. X4 llc[clildou, oath forty Will agalst tbo atflar VAIV in adevty of Ihig CnAue and dll� tl.Aoltfer of gh assist, IgnaiN& owl qv, mny bd jIqM,54wy for thq pyddtly o-dkllpltiv.0 bulaoss c"Oliw1glatioz, of eadh Feky, d:3. _1t1yors and. Omhsbrru All vdlw;r% MCI 4111d Other OPC4111014 PfVoMd' Md qu�mlttad, I, . Ixy Con nnotor sfoll bo =11plutb, Qad slulft V* oarendly- chocknd by tibe Coot iactot as }sMjMt ixtalio9w pd key peloumlct .11(fallhod flamo, pt-fol, to alibalWiPA Ito (110 County, 0141, ts told Ccajtrgato Allff riot usilm Itlat Iha cotlaty, will dinnovor at'0141 ItniYor 'if 6e covaty Oln'OV61'a arty qTmrqr nor Ioam , * � - -, tjw 04,33(011A L'arlol' IQ; aj�fgoyjag L 1006 �vkpovtk K14 uld odtgr WrIlIell d0lullftas r'Duorls'. mas (w doo'NU116ldbi vAll he gdwuod to CoAft'acrar Cpt c4arPaalimr, 8bOnfd(l!OCQullty:or 6r lcmls or w wtiiliiotd gorkiNull. Ajiy ijALttoo bl� jd&twdr to, llava bqbn duty 8i'm wulil 6pmsoll doll 11 lery on Oto dny nfvweipt at-no wguaerod milli, rnftu-n cuqoiVt rQqltqiwC WWOOVO QOIU�3 &L 0a 6RIO-ur mkir& sball caullt R4 f'1--Q iitmt.day. All mftmjzQMOOOW 011oll bq gcldlvis�L Foy ml llw udl4voli Oolool pdTdll brhln'lI other 44mm a ihq park'a homm art pdust, atD by WvWoll 1-totio firottl finllp to time ill tho Illawlef ti oac�aPd. '2644 811miago canyo, Road Sfivothdo, CA 92676 00; Boyeau Ogalmulm AlvalrM AN FaIllur 6i, 420, I gontfitll A 4A-M,1361164 25H-20 p6wity 1,4 x4wfta. DIT 11,14 Olin InurReloy itooda 01, n'-wim wfilq supply .1 uq caaooloi' Ilia 4iip criel romm U, eit of, Co " fy 'ply shall"bu h6lmo It& pfdd Nr 4Y 1 ppb`vldcrl iv die Ofausa; glin-1 ba ba tva,jyjajvo ifild we It ,WdRiqw to, gigfedled,pmandAd ,y lacy cre aftilar dic Coillmei, 20. Cluttvmxol, Satlaty SOutdaeld.q marl war ailtOV'rha �OtKaOot will' caaaro ootgp`liam Wt(b ati Tal,16tV qijd hut4y. tequirouinia rav eirfOOY003 in NOOVOIVO Withf a I rtilc Gfti,land COVIAY sarify Andhiial1l) voAtilation and lawn, li, Audif; !'Jui Qounly's ddly aqVio*ed eapresqvW(tva Oat hive akiileu, at ve301161110 lo, 0 vepona, Contract rpoilds, dodaim% fila4 lAi to nvuL qLid vegify (he to die Comity limundor, The Coa(taator aw%104 to Wrill" ecl)Ortg, iftar0a, docurijents, mid. riled rolatod to a])Argea li0euildv 4, a period of Omta years rollmyfilll lb"diA, of 111ral 110Y1,11"m4. N ITio, comyWor's spokol 4ud such rocarda Miall ha TtidaOd u 8[loi,irldt) O.A9, cidfflqftli,�, 1,110 Cquvty fezzjitki� die right to audit add Oerlry'Uld roeorda hefbm final pgYzvat fT rua& AMM, and Wirootins All take jilkca! Nfoeir, P,), auq1I bid-lit cie Insliecdol Ocaurq:nO Moira than ogee pul, JMc H} Stroh nucirt or fempubdon IT (Imiladaciety to reagrgfS Tud tlTui ffil'e011y aq1a110t WQ to t1T6 to calmroolor,v a 001111ty, •and diats out Oadde dle county to' hadebw On dOaT W ae"' it' 1 14`16 to it � � atloa� Red remd vel rod wifdl, fIA pragiolitatfiv Oulu altilit citr 11vt Tiia 4 my � tim llswa:10:9 P, �Oi: ahoqid 6e 6titlty, th CoatiftctaOs veccwdT Piirtairdfn f 4 WT Orr, la`Flra Ov AO to coiaxtyla lxrojqat maunitac., ,, VaWsW, 21, AMOUrIZArItO I 'WJk1`7AAtY, MW I iaiiuA, nqjjveml [a, amfl- mu ffig bQltajrdcailo for wit atd1tiir[.m( la hied '-dur Qdntrgatov ovoc,4 iiad, mq ]creel',, wodlifail" OW al I ik,ciie aye toeii vpro Mva vn1pj% ;0L WOW Mk,roldw jji�qip %p&yqpT w1jui Ora t4quiml I to drive iir the daiub of prforcribig velld C-41ibralit advera, Uouasas Ind at.' s4Ji equyiWoue, yarn ])Plot ('0,00111mioicennAtit Ofsavvfeqj A6veufwer, I U Nmlvi agp, w da(GAutua that 311oft 6m.pjQYN;k 00 IiPit t)"i1s q,r Mella, I drugs gowrtty civearim, and ONIV&e county of Lzatrciity doctIA11011(ii, pa r4clAdvid by Qi:411�6 COMWY 8herilf's 25H-21 7 a4uao x 5ockurty ffani h¢d' and "CSimtrgv Co llty Sail Rolomv of W1011lly" 1r¢t Cmatlnlr 5t4ns Oit bo,.ptro.Odod by lHe manadet( 41304 tolgow wuaf. lyih be it aeutluislhy 014 bhoCif>;`6 I�eprragil3attih,. &. " C;oolr tot &cudkY Claasfi4aa" nttd 110 artp CoWAy JOR ROOM Of TWO L' ' rp' +r�3tat(lta falpn w shAll b4 ila0taaigBiy ttnd- nuaatnkoly ugai p Lnodt Intsai0na 09 N'a(+ $;4utanx, ae5s ,ynoS [ue, t9 pl'earan,en. p. Th0 (tango Cawslty ShONU DoINI 011t will a'ot ;give the re"60 art indtw'EcYllal °s 0levarlaala dc,rited, 1. U' uT3�LSFPWRG' tti' kfSQVltcftNlBNT ^ATWC7ttMITE: 1. All 4wkareas 611.0 l¢ pe, nMutartl3rCorlpliteoltdof ugh wath "I'v, 2 Workn3en shdl`liave no can @act, either vur MI 0r lr[Sy_eIaal, wn iolltata& `tn the fltaift; . Spectteallgl n, Do na(glyue %Tnes,xacaddl,g%ee to hlipp't4;,. .. .. D(Igot vecof'Vt ally 4zaP�A 'v"s�rrC2dz�Gwssmslt"i`am 3Rrmtel�""r. a.. Do not d seidst;' 4hn "jcleadt amy irtrtruitt tuilziYctra.� o3sGSEdc 4�n�r: �leitfky. nv Da of ty oofyw1l"('(ttls' lo, tlttY orv, k„ Du mt t'er, ,m ally tlfalerlms flow A4Etil tea onohlallg 1111 9114Etga (tl lXt" pasleE +; 4 at Alter hldr taual or louilim,), G7ompoltor'e pei'h0nnel sllall'ag.t ynYtvdta,;ov Una tirat'€aVy,'or, atllar ittatateorwc Isl4gi.tio# yyhlly° Utt itlta',w. 4, CWUi (raetcr'& poviorulal do not ettm, 11'. ruelthy iylkk avd4v t o Ulftlew of alcOol, il'i�a;p or other l utMicantant (WIC 110£ 31cla tt lfD kids n tltt tkdingsipa, 4i it flora 111 atmoly with usoc teeu{xei1jorvtx is n rtu#tuletu} JdI ztal °r U3 IUUs t alp` pr sec(Mod, . 6r Gwlnhact(n's,gelsutnal4iw6 }plan jtojr gOjjvjije% rUr igtxa{herzUtlt6ut 1 "tllxrhey mast s4tur n i as(@ a iiC li �,, i,a . t6nn6(A(tt eIC to W, pit tBgtwnR, a'A d lvaEedafsuat00i .. t'oc lfic lIayttt 111;0 s(at.k nT work Old rc4, id nl PMvaix tct 60 sHe4LttGeztajlstntum, 9'. 1i4Y1twillf} 4 poraolmol Pal Wow any hlwotal socurIty reetd'rt°uteilta itvitdet4 loy, the aitsrte cgntaflCl+:areVn aCtlaebT D0jlttty. tut 4.outvaOtEFC°9]JatoxILa4 ITYM `mpovt eaborto i1w oft Ssi'ta Wilmot pol",TdY(f'(Vdt4171@Eevh1 the - T8ClY1 �Wol ljorarflyatul .thodoaorloc,w9rkchy. Ciutnidlurlrtltirl'i 41uck6rnuol Cott�mPl, fnc. rift, ruTdo G-40. t7 15 $'.an0'�GP tl MA,0? A.k30 brGH &' 25H -22 anla aoer Pitnt by pro�uidins dnlraclor' iwith a writtan dopy opt auch tcvisad tagttireiraC�'ift, poltotda, pr gealtuca r tsars 11iq in a vnttiva oFkl,a cla'ta PhAt tha asp to ba °[urlakatharrtlal'xiacE dY %utEVp �aykldctively, {Ir!P "�cpuxefty p'ptlalda "� Cgl+lrudrgx �ld�}p -at 6(J tftmau U� [ndustry licx,t pluttaou and mvthails with regard; to the p eVenitana and t1hxrtaati'axr, by PVC spptopaib ntiida 5 of fiimid, Abuse, Aad utltor itm pcopttiate °pr ummadiarta OV'Ro'a 0,040 sytN4emA' agedssed I_ th' fii: this CoeifrW, 2d, inffarnratTptt ;keal aa: The ttlulty tray toyutre, all 4"onteaCfaP pe,%oruroel. p41'fDrCn36S', 6ei°Y1aep { attldco dlis 000,act Un oxequtq u ¢qI hdcufitaNCy and 9a;*Wi0G abaesa paatoctlon atul daut sacur`tty iu taa fba'ae provided by Coanty, 'T�;tG atmo' 01 4'n11 P aUt�gY1�LGe a'ud t:G7,Ir,YPflOial $[1Rtl a}Q1G &a $nk 110GOssP 3 '1" "ktl�614'#.MtSlEigll'{k1d9eBk iT89Ok7�9116Ai5r itYSht4l}�,t6JTr accom 104 and pnSstvtirUs acrd fit UZ Mat shalt boolvaipar pel v t ratty atrad uicahaolsats to n �. shame dr used by utilm °`.than 916 1Wiuidlual Cadh'a'C�to,, p#f^sopzdel to arlwnr issoed. C,'S}ntr "Aatov a'lYall provide anon Gndaiinatar Pepsaar wfdl un!1,'y #1tT:h' jttytlj of, aaeess as ij trugufrod lbr smh kndivldulaltolrerflor ?If1fa herasulg�s dt ksmd. txankpna" Xt Mauaty#y6d,9iTxs aml Alf dpta and p ww$V aairtAie +e ila reia,it dud'ftti CdtitUy c to Caprity herSa are ayldcpunty saCnvat! 11 me ar't yce seal by ottttvc¢or �u�, sliall be 6qe aird ddMW41t4 Gy -sttah Gt lmuctca sotply-and' �lofim�vply kjilu patpxunlw oc ai (W � itx ftr itffamt;6 of, the rEararanaa 'tzTContruco'p aroee*od E eaaep ate yressky pertOtodiv` nuttier, vv4attiru <GCiallyect %wlGedizr,aaYaipuW4x yhfl4soe9er, by �urttsaiwta , rat Ally kiirt¢; . 37._ F,160.94 9''pgutiYi' Procad.uurx• The couwy 6Tfiy, in il,@ s{tsc¢dGloar, deskCtttara amrtairt A'C,oa�,. im iirt ea or systems tas . m(pgrrtig n hEdlJdt is e1 itp ecuuofty ojid accem Qon iol: The cagptY Omit taotify. c utractur itr wro¢ir'rg ea sanni Ep au advailwo "OT ell? nA 4 'dosi dgoo bra xtiitr l� cflen(ivw. ;Apy naafi npt,ia 0"atl set Garth to tomontible data t Cnh t ad feu iryw" ktS' ponttotpfdcadSrYEs, nooasum, or mquf einiims i_ha't voukalotase dlydl be Ydgtuivod to fiedpldntdne pry tCtfotac: m tv uts; dw elm on'WhIali p'm htVpccilnrcw na di ttrmu'": AkIl Wlse Ap%ot. C:ooftlo tcskurtl Mry,aOolvily Mal tat „Abdl'e by V such nniwr,aelt saanrity no acaesp n ttca pnrd pm-P% eras iti,- Of' *vtt Uftie z g , � p o s h D Munn tty; Aiv I n % ha8 v tlttrt by OaMTiiok4t dlivaN 0I 4ho rtomgo'4 iT 'hAvt dvgtoetl,a,gaseyxtalbisaltoEarb caaCp�igAtidn`rG * odtotttxxsfdr this Cadrici ,gsilrGY ekce tact a fixcrrutlCa 1r ' naatatxd Ntoia ut q. tn`ttc W abUntUm of 000'ttfti, w'xl t11[.q i C'u¢tvaet,eEStxitxn+�in teimiifteVtiGi; V, Olxvltio 6o Comm[ Y 7hggtlsQG,^ cmit6e(Or riakl,'att alt iira46'v do1m rky- with awl A6adu' lay aH d4aR6natbT 14eifcjca aiavl pi actcietros n.d Ehn Conxtti (ou L1k E t& d tr estptilisPtdGl tkugiiw tram iltrd PD ttgio) tht t p4tak'n to cofldu'dt Ott tlha'Cow j” Il `aC u etis'pG9ses8latt 'Od Aori[ !Jlo Or nT tt °a l Qntlr or the ttaeess la, tuart neoOlLy af; thtr p-a'a ty a i aut propecy or Ptiot R aa, ttt tits d'aOu tkrat tha.Cnt actor ButoWet! yrrxO Wxt'uh a eeigy oPaaehsawli policy m Gxbslddttee. Caa i ndtor shat} og-ino sa due Wo datd taldeame to du "vurrt.any Iguty to pemoua'a e[ 6q'o td 'ptttktarty talWto on dia odiym Par'gy'a gremfe a�,. thq opovaiian, of vcltfela Iry o(rtiur Pntty'a im muidt ah. he otltva ty's I ?tip ' sirtit6 oonfbitin to poeted and ethcrIg1plicti ko f�� ,IlA dons lutcd We* dr vj�ng p; utu eg, kah rrla acatifat to ocaipclriry, Cut a t uc4Ypa propar(y gad - tnu }Jv t tirtEtny pnt�+'slaetnarrtr4l s1rn1F Gc rcportstij tbtdptly to thd s'ltpl'opruxCd l"tily'S t5rsestriypck LR'sjulwF'latY qov' ntmmfe thm nt all fl'a&og 011; g p;u Term, R,mtf & antpCayeus, aqa IPa, a d �a�awrst�gldsp altatk ae�atpky wtli urad lxlCe a actl ti.i}ac xeauT r'ru,m athae,prarty baing in Yi5laliott o- ally appliaakzld.Gadornl, aYape, enul tonal kures, ord;lteaucen, tezdalY,tus, and rnia handF fiery "l pdrPOUa6N �'Irrit[ oloarty id(nnt[fy. Vhoensolvca us Gh'a uppeopritto Patty's f m)1111el Ott ubt til hlunNbnnhl Ogoita+L,9yttt1 44erVnwtnl h+lsiah . Vtla Fnfdnr i4rsaan. lT t"annua�Yl lfA OdtbF16t'IG5tt 25H -23 0 otltax traoF� -of thts cootratt, the cmaty ororanyrc AIRY tlolljaruo tits louatl116ortt %Cm trad Into ati ulcctronioaommrca ®yotur.. 3. LTtdh UGC bttudet k trrJl4os; "l'k o 1r +;lGtaCY Noauh"O N), ths.Goucat, b iFPe wa l of ony aotud.0 t aceat ht t}z�oaE go gataAU oz urAPuk' 1 shonSd 0a to coallot Piz Ruponder Sgryiaos. "tfra .ason.'de,k' 5erv(uoa "' me 4yiaalYY tloEluul rv- Luw T,tfurcorafmul'tcn ]truttrtanAidaa; (N {a 9arvcc »,%at SwualwttAets, autl atrct Ilhc aa4 iacs, t antn atu v Sic�Va ics Intati 1 t 6� repltme? aat Rare t der 9ereia l or to In, uIld for oor utxtrntIzltla� tvlttl, tl! °Tsar otkd'a kkdpr ta, ow f totvt>erata'cl''lwly tuith, F,141 Rupowlor.Scrvica, t v(a ahorPk hhuo aErua y aukt notikivd wl dcicttryvd 7rior to uyin tho Scrvicc. (,5ittaotuec: t'p��' Pullitt5�} FRnckBnnatCan�iud, �3tr. GmattirclAt h�far�., Filu hnhn7 fikEn7n. I �3 GTstrttpaf rd Mr�¢Ort�P I t58$ 25H -24 AIT�,Q, AiKTA 80YEaP WORR PUIILIC✓ NIAS$ Nt7:l`MchT {Ckl4 RYSTOM f an4iadlar sill lmp etw'a st a' ouuy -ouida ix;hl{o tn.ss tlii "tttkrtt ayseeai.EtGt khe Qnary (ils eu➢ivu or eJUIQIly &I ateet, wVrrlpzg, W mstt mijaum ntaeea`ae%, is pltpnp, tr�ttS', auUato•nrpliu bI'aCyieE + hts, pallFne[ nos�uaellttrVn�fttnus ,oFt4lsaseter� �h�Canttatat:gha11 prtMrfd'v a'n Hsu; ty t5 ©4 rvtVa;i, aely syatem.6iieenamd Bar u,Sp ntwugh iia Omnse C slits,s ` Contaa�7tdr vhg1l praafd"oM tiywlent'`K'Eftk yntl'NictehG;ts}mfn.ie {rat€k"a sazu;Gr%15 tp ulariage'FyBrk' 1xi,u45ti- s nOreso - cbliatry abd ids' .'puhila iijfretY ,luelmdio oro, 5ystatu wars &wg he vn aixbk of vla vus�t l'z ast too on 'ad laurrohf tSOhGcattact ssssiortn rn tlidxerls egltlzitrrs�e ygris¢iv}U: r T)is sYuKdrli ahvikl "'vo suittadeetf [ui5otitrrtnElty , seoluity Rnct Irunshti"Iclth tw 1tocESnithodutt.Gount tw'tda tfnFa, pscgariunt use- �zti�ra�n�ttk`aztt67btm¢I rtrd,As�„rr e9 t4��Pu�rhtwubt a >tl'6. }ani �ctYU akie(ji.'�1'd- fierod,y�fshro ecltrlhaks{a.Ci a "nit 4s� �uk�ttaptni's �XUtao�aall � u St GCoua � as a� r�tu�' av t wia Ccoololy rlt tp'o C mty *'� rs ass - gatCLirakion ah mctid0'n a¢ew�{ h tcin. Cootmotear's C ian4Y^ 'ttte rn; s CntiF9alKtslt wyskcrt slrufl fn l'ucie tuts 1s1t Ilntitut, W; tle; rbapmi A a, hvnc,ttitAlepttW� @ourrs� naL ;Elctl.Giyral,.tlist;ibun8n.. 6 Tiawirt'ndnrinzsumllog and svcurtly Aviv Is. to oRd'inura, awmisis am contrdt sy 'doom u'ue; Th4 sOni d sluill he highly souftguratxYw to, proms smioi at DszO gi06-analroha, zasl4OUT'a daui.aaoci Doti pvecsl& t p, d1 $,:plx}asoQuitutc.'persvrtnc+L '.Clie �onWxulAO',1Yyt:4,l W00440 eonlane MA IulU A Canty to atefisze rc ultAy�ls i xa� € ut s tvif& Ct tutu 1dv L � noes,& dpvatl a rsa niuttat v z 4 wEe an r.0 o rG 'a G SCaat(..h Ptakinwlt`gd'klw; x tr E. ;cr anon; Armed Amo0a3 laad Fmtso ia lannWd u1mu to PORK MA s!4' urumm to vac ahaP6 h041111060,04 w6o amasathl's Fro h' ' pcst ie`n�, ovESJt uula'r`atilly'ly Gauuli4trici t hCera 4 deit rtttt "ar to MW #b, W0 still �xov date a as ,qru gngr o;vlhwut hf vvW01 ymty tlrcr npproluiat"l stsau oP ltayu aeas�a a <.4as,4 ;kd ttRtlf!"ihn4k zgspn4tlu� stirkof�q,tlliarg. e II1GlriC%i!a and my to that ratieirzo`nztlii aHl C %ft 1lnG whit ao 41,Y upar- triraidly m wgy, GniCttaal a lrsouvsa. Thc,C shall laa _ ttr yyothad§ for, Oelr UY OF a pima sits; 1, 1�., �% e, ��. lntor�2�. Th�untC; at6zeAtksarsvr�tlaa- sialptlr�k�lz tGkbp ;crd'�rxuae�1- $'orQu vip h$1a -zys6 tnwfuo, 7Xink 7u w aa d rg C i tv usvt evG i ho Mastu d l lTOal 2n h4udsa ins Qrd t is y ca'n taa ICrist itr; 3'rwtrllat. 'CYrf this card'j1w t�alh[PCB unuilrca'l[iwaodur -peUs l"sOT ¢tor; tlanr LutvzPasd wili 6,@ q,u ¢Ise c,rd im ieolI as 11u, 'Mr:r iS5 UpWt aUGricing IMO vllocaagO A a3sra ;ft. titq oug, aan anzwr their pnamvo;d and rollora a set[ea or [ pltotreo pr "amtxts to SK+tttt it ono aup dllroaty k <wlta P(r pOtza tia IV hd(s'Gw Ea ustitg t14 uw Iiitav6o * ar t d Yir nJgtaf cko tr 'i'l a asst ettn; atso oregka fi11d Ond a ViEi iVualcttaysufate usbs nn ioal'aMPR gr AD&uld vpjlotiia y 1 d4 . 'f "ivew batful App &llama; to user to viaatp it vu[se a;x;art rowce twat atrttessup anti son,fP it to ally: g illo.grrntpr, -dzt aff oraWd of totoirl a4ythru &Roc cot1n ^a 'DlaotttmwU comwet, tor. @anarmtor ln6lH);, mW wwwomm 21 nduixn a M,e•akti,k3A4tKaN. 25H -25 j, fop }r,bliity oC po.-Cading dt,TSc"1 and Vartzoa lihoi data -to Courts vid'o g,erpiplifcttl mup,s, •rtro Contr%Wt` 011411. ut,li'xm dote oxtraourd rrom Wr +s -14 tla¢�tftt p, tiiWd esrsplav tuottlods and pr codtwas to ensurt i'laua the 01)(1loulu'd ¢elapl'tbne sufrarr,�letc na6ifl�at4an rlatofrasa ra refit €lutsky,nrsira�+sti „gtu•aattad, etrt�r4 cssr dated rtptl rrpdaaerh krvtoe Shull allow to, a puk:gmochdt;d _imp-ort, p€avIdar ionlrly roports Mott rattuast• All tlmoaadding f'Ft£arodatran (i,a, a(61png) li. he pr perGy nPthc Cartuty aarf&a ays�f?Ya,teiip a au`yuest. k. capability aagauu¢alfu Gull hats vin gdGArupltfaal nmp scluction.'Tb4 aeVlae Will' plr VWV an dKawyc geWr Upp'ytag tcrak thak wili atfary fire caUnry to armate slredsc null fiat for n mas of & cowty by jolok and easily rirawing :pupas an a ra, par die rske4a proahe reap alrapesa thfs toot mffll alas acaap,l Gl C@anprate pipaetdr�l,a €y E lav ( "Rhapa Mlm) via Sava tham, tit Mo sys8etrr for U.Sks to recall Show of Ilea poitrt a k`irasp, ms afgA as €fepir I& gall ltr t samnntyk ta;;krap, and is ur}Uancy. G trY,rsa4an shall ttt�'t4% the lallWhIg nrrraseres ¢o¢ uuly4arhpEtysf4;ni edulpitrGarl aild.thstiagrre {rt 1l3YEu aeextiilyf T?atn k`eallhd�s,wttCe r daa clu t p wGr P mds q d glut a tru „auv'ty R,4 ki � A 811itldjj,atea 414ias watt lie mrnploWl t4 ukalarn Uw E via CFua xa Gr . bt taaars sraowd iluoss to Cotmwar ShiE traitrsi'st leadwrortniaad ig C�waty, T7netctrta tn'tiara Pravlfdd CodnV TIRM raavly+ ' (Javr gttwoa, MoASgga "rdhntt h erg ", 6taa4A Oak 0tu i�ullst usam g andaU r Uhot? J611 1!ldl rota° w ila rows i't). Crrtsutq damgtton i.0'oivo8 A Chem CAae$crrseiYE truilni'o roky 43gGde(d'nas, tntaddurrtfnn IMc6kroi'a, a WaCsntum Pge(aay nrlck other focsm and lrmplates The f7"I17ata Lead recd M A IJWa 'ltayet ile'w (: ➢, %(cloak ruC 1',f,Cjln i#ta'6eCaaca gaii 4174 NW. k,: #RM Piles; irnbb 12�,1arleras A011,0ttC As I)iIA i7 tho raG'atCS, oTppq�6r wilt wuacjc plloll 6y wiad 'tho A [irf'Sa Ctautmtarri'ty W44 ov unnrePcEeti` .P-It �v Qy to full piiall and diatrib61 m ptmao, rel'ai arm ptd'pnip I &ttmns of slawtao for ulu not nvptni4y triad fogftutnta atz2Lto2to0 ra a'rrlsL the Cou nLy Zia prompt val,y tl>. mal alv serviaa to Um aommimity.. ... �r :''•z�v ih i�q irr�r.J'u... :. Qrrr; l< tai1J40.L {f"eflnuOfAiir ;c almeel ongal'a<t 1`1.4111iyl 4,t`py'.ittlitad n- lifllag rlww Wov va -Iming ac d ry r'e :ak'reiP ivItAtrrjr aria incFcttlad to •004vrktltW4 T°da- thtcrtapNt tho tiara aC the czoctrCr 4 24l71M Ts¢!s)riEwSY and Clantsreppv'rtt shfillbd vrpvi ;lrtc! N! 0481i A able -[too hush er W w nw.L AR hiristMod COOLty 1400, 40 trallna(t i maaem to ktZio tar At et,'svlt7pbro t'kail$h aull 010,saf 6101 aprxuo'a c' Usu$d- utiortn: C<uu6ra:yLtac Shah } }eAwe {LC trsa' ,gC rliports.rvp.tt :0scly to (,WOLLY, . to onsum, tho't all lha'sutvLoo oOfIrK 11Y TWIR ws, Gn: tl4d loo to aw ooscnrpv d:Yivny daM1arls tlnrl lie! *wEaaruat oily UAW b;� c,. nadl far e"sFS.)h ungmq -a its n 4`tutin6eel ankr<slrattty rvt' Ydxe czrntnaat sarvtre,. cklUmq', Usms 441a,gCnWYt110 Cnporto 4'i 4Fr41,. ,rlsscssirtut�t said Pv€afusilaan �tlntraalar'e Cfiecat Carraazrinibol's sytit?yt?YC�' uo stttra4rr%ay ir1Ct CaU uyy ap ;ir }qD boa' €atcu t�s xt a iAt'rP 4x u1? it »p. !�,a�rtaeast,�3�+wltti t�l?�,ptismaarolaavtar�p,. E'i wfaU`x°'trAm Tha.';aallav�Tns nLW `th>r C:rrttiaaetar's kay ps'rzjcal 1paatr: rsawax}vkrs. 'U"vnAaaa+ 10l sFMJL4 ''drI,OrIM", ftliffalfia TCiaindfvuhanGtcHds'6iel'dlpCen titt¢tl.errt 6ranul�santl �CInuY }xevaesa kVanz a- tarrtiaapeiriawt.p erspmor[ve, All 4 irlIx s.ettcltfjos, spala its, easnfing ttraoly 56rd §d'ltis and Mug, asst With Ntupwjua Kwlasee, T.119 east, of Phe�lrr4 ;rvuk Gael sxy pdrCS hl'nt4% 16 thylom Maladser� Wag nams, rY,uvacYnt Faiangutj iondrrfaaus svGtlr£�aarnkY t'a €t''eprrfum iii- dongrnan,t iwlt. y,: raj`, rr9neeCah$ uC' IiertSiJra.- thnaitcYttiiaiSStlau# txp'l`. :Clazc4rscteo's�"tte,nt CAaa'5laeoTar [sts vaii tutelar Slze lendacs till na dit Now: Ybn pm 'i'twtr rrGe fa {'o provide Cyst ti'9ig. sups oil, noel gltwnt $as a� ino R3rrrC1 C pinky aM1e ads, .rh�l'1'e$ni, stialf tn'elttdo Speeanlrsha: dedignLdrl dsa G��tttty Fell tliw likec 'ts$ tUt'•- Coatupv,G f aeh T'rojocl-SpecEil4s¢ w[Id bo ass{, rteklis a lfia 0h to sp�aiii)a Cr»t?pii'evtt of tkic i�Je atiah ris i5c+pstE'nia +xtal - TroliIng m C&dly' right @t , as cei91 'h rerpart l Eo 1a4 y- [Q'dny Irmnopmmeytl'� wid oondnpri'a,2xcgnlrirrL!4v uSidi'— ,ant<( refresflt�r-- Unlnfnlr, 6k1'p�ghoaxLCaiwe:h 14u, G'im�i Dolt T 6,ilintt�- P'N hkIC04V 6214418 2,$ 6'��1n'ut,l �fNfrG 9GIf +d'S?r r4Aa 25H -27 nt "p(vod iri the s�efic,Jov a€gn a t arid �ar foaintu. QualttY 3£TT Atb " utaoi net Oro nvowod from the bagitrs11110 ortb.�i; C€wara developrnnmt fi('eeyale Mild 9e0,.4aCdp feawru Illvdagg from iyaw�fyrpnrent_ ld final 'lgtapah ndd •vulid'mian. Toat ataad vaaa }struiea Note wq leer ghiII)gdi la uwoomant ay C'oa rt ' an <1 olvtetrcNar.. ` ost ajid,Acozptvwo plan nvtelfau a4 as N flewar 1.1 Suopl, & Mail ovCfvlow 1.7, Testing Appr pcka [,. ' Cost54hodu[ l (Test IDO, niima,.dosuriptEdn,tll0o sad, dat gpMelyd'at) JA De i$ o 'ipli,Atiof'S'atUp.lirededttcL6 1,.Y DGSVe[IffeAU'Activa Ptaeadtire' IA I] a3ci .'i[el'ilbubi`8yMcavRastrlts S- Iiesprtptioit ol.' tl.Muil UuM 1,9 l�aciirace E2,epoi'ifug f,ti(t ftw4fea ltettufeCot6utr; for tt.9sokitwil C ourtit6ra Ai tlott 1..12' dnnsanal�of( Lrstiltla{ EwttflSigrYxtiruelsilZn� (SCil9t4v'� (:t3 G'auClttsinet 5. ,isa4p. nlarj,, a,ui I)nunrnc}if jqut '[hC l:rlazErtuflae :Ylth11 p1'uSVidC onaC �whAr.antP r (main twit C2l coplCV of "0 9t @ri3tuhcnsi e and euuc ixul P ie. fwe Nettlfl;WIqu ayace xT kiavtlal ' l!Otpct tq -t gcilmetlt Rio psntioseai soliaf'' Its soif vir baotion's, . guf do" COY'Od ixs= as 'darall procesa swim rued .pxia ftTttxr Iloaaa �. t$tia taliY; t cfrntrgt gpecaloations,luoCtrdlnix'tte atiladiagram ofGlcAk; elemttuStt9rcpne ..t#aS +ttpiatfuilJVtOld deta. a laimla, Shall be pr6vided Lb into -propo maiaitcji'wde pC l) e tta}4 l+Y uti nerwoelc anti datxbma advvidiNdedr ®Gaff The g6offi, VuY Polly aft agpnuala end alaeuwvil aaolr peo ldod by Safi rac6pr Fgv ire turn pl(sPrigut ar t G rtutY p {is �CaFxYg depnM mite 46lles6 +I lisp G uc aqk 'adasll: cvlde 419 th'a$c Iaakq atinI(bls(rakl'va #t €f U&ec rsiitiag,Pe}rrirecl €acNat A.wt to thevoww'ates¢lutip'l. Cutr( motor° WtaKIrrarvtda traloing Of' O latga (zi €'f4tglt7raiiho,ol)Wohnf¢dl adirOIrds6r, oxcart user oivimn8, All ttii ng shall be ocutdec'410 tisiag ilwm sotat gpttfe5 imd dal4t of �(be C a titty Tmlftlhn iraaleHal sltall tea prgvkwollti unth uafta rd qurd oeerpiae For kt lao,aC,ollWy 'ehrsiit the trzher' agsaln'!ls. 'Cry7ltt'Ing sesiiwtla shali seta up -to 25 ruelpaars pce susniatt, Ivoruat -slCe Fra hl4tgl IPte Contnwae- shall pravlda doentrnl ott"e for Ivith'lull, C,dutrua or Otldl atrto itraviada. TarzFrt G[ve,Tranerm6del5houtd We CQU Y rcgtli,rett %lurilrg..trail`igs taktaa. tascrs will. be trained hi Uoa('pr'6ttlmpa, Ind psrvvidt(t with cte�tarlad inGvrV't fiti ax rugm:diitp GrslgtexCftrr- QAya }>,yLr {; F'rid e sel, milniag shall punxi5t of coatneku (aa'gglt. "r, View aanfuct stoWlg)� C'irnn,}zs Manaagpnte,tt (creating glottps 4 004biCS: gmnps ); NteSage TYpoa� :9aa d a. Isix1f Saurd Canaeol, 11% Cm�nuvttlrL#tkiAb..„ tilu l'olo rh7,5,130 27 C`onp'w # MA 44U301 PAM 25H -28 )tat %mambTji Of, silplf 'bo MF-011W, BI40boad Comloq Pin 14t)-y'04, Q ofollwv, siaetire pr'0 oaslOo4' cloao dam war4y by 'quirlti,g 41t star,rict tolcidept qnd oivav e9molobackpound ohidoitg ,prior W oigploymlwit, Ad41lloiiallq, oll d(itti,n Cam Titoln trzettiboca aFC FAVOI 1/1 ofosa-mq4lod to both amwmatti, and Cwbnfdnt sup.m 0 Adbom a miey 01, County u.polda, In the ovon (hat an iaoto uot;15 Co lyy 1 s%GOW04' osdMallou levels aru Nad 601qw, . Response drile R.OiO l4wi t6 ltivov I typt olly go, -hour qr 1pint", tnkt wdl �9 doItloadedupdA tho sove.?.br wk he cipandollL u[Tall tilo wvfLy' cif any filoldout antl I al wo 71a K*$ Do* OT �404cayta Njqlnge�r _7517) �142040 Iggiap, ( BY Awn I 8"a 3�' w&Q3Z..v7ZW:v mnduAy toa ftoo p1twomont -1 QM6lZpvl'o tGotlq WjUaki'm ov. m PIA e'a. "C1U40V qW1 t ( tvlvbtiqit dittifif or Mwllo; dall fV4 rOv 611611 ftmuo to conkmctorls ay'qtqw and npdood usm, manuals, and ftuWhig nmtavlds oftli dwrll avpEWtodnts iii 4d 01 (husy'atwit w Wa under lilafalwomictl 4'reciffefil" @o jhwJudu orle (1) contptatd the q[TAGatiptj Otte (I.) coulpteut 'wi rot, tho COMO t IVJ�fomlui, ttid (I) oamp6to tme set .010 to fro 4oplad, 40d mic (lj A,'Ottufno copy itt tria moot owaa version Of "wg<tpy IYttec atvsasecuaoassdhfeforIT6 4 IM"Iftaght Wliaci' pb 1106" o2s bo 25H-29 Wac or ow syslml;l kur eao[stSg, latma6 41MR autiou, IncCntergency yauecpQUPV uxep ta���evh Ak t ro uamtal Ltrensa tea fod' all goo m, G;muptloy ( YeE aotV ar at I aripQ GF a tt 'S fnr , dtiwilig, Ault A Qhp sttue @loft, A44 lifa Or pr%j ny %e: eC dNnget od: d7l}ieu �nEE 1aai,'sub- vi ions Wnd county or onciga ngenoraalctapax. xr ats aqy buy adcitf;b inl47T Ptt 4 trt and 3C7ItVCw musuuge undo at �SU,4A5A6 par 5;0'10 0' vpfoa 61, teNt rnn®aW,g�1a, ConG"aotor wilt ebtatlattc to pater^ JiNUNE'C,U ematl.'p milaaa_ 01her polkdQul stlla-eSidlMuft, Aid CQUnty of Dranga agefk ies /xiolsattmottts w4tttftg to tttl'i17 r111s- mid athm Rmi-emrgoaay itaproats pip tilts Catrhenma Will bo tarldrod -to tsstro t1ue1h Own SubordtTtais oC7i trnt datimiub, III, gjjutrr *tertx , 5wy Annual t fu r ro ' F rc}e i y[� coda ce_ SgpkA2k Leto sipesr t Rnutia,l T,EGKn a with kilt iwtaetattae and Support ows will ixis 4ubliliaedEmulgxtiy in n�o io tho addvpsa spetiilwdf ev -. Coutrwor atralt rakw °tCq C "u 'k rtt�mhHU gi im<ntuo 1� n n2 t h hQ Nv 3i1 aye aU reca;(jtt OF att ittvafde iaf h ftimktat agtScptal lc: to the cmill"t' nr Rtiqu,''aul. vedl7ed aid. tipyarovpd,gthe k /lgrat; }yn putidauufcahi { ©r utlatcpeoessir xet(itah trp fulling shall unsvet aaivi ra gY14(or sands aat prcvfgit4FXt itteataad, "fete nrnucMr tn1L mrmbuvile the comity a 01 -mige i'tlh nny mat 1w pnid to 64 6, I)r aolor roe goads or wrutemi notprovided cr wiwo Iooift GP nrvlads dq nntflw" the Corstet € iv¢ltrlrutrtanPs Nn'm nt@ tilade by tl)e f ui7tX ItA1L rtut preouda the vwt(, of tita Gatiirty f om tli malter dUpq,¢ ltg any itepta at; gervnsua i6l ved_gv billed Oder Ghts 0611ttaag tto41 jaW abt to WanoE loll ns aceeptlilwo of arty Pati f klk i Or S4*eak Tfia COT) tI44M. wilt ptovidu xhrittv'ak!c ua taNiuclar'% le (whead for saVi"s beddlrVi, liupfi; ufvoiva wilt lut'vtta aumbet artd will Nclttdbrn t'(ie 0A W 01l; ht raillintiew u" tO1rt1,m&'s- aattteatt¢Iixd4iIrou b" Corwacto,"ir oulihmmeaddalop , (If diCletauaf�ontfubpwe' a_ Name nCGoyteiy opajy oi- departhrew d., Cat r ty Cant rRot 114th seh 4. Cost C Ganh'WStor's lYerl Ynl l -t C?. iet mlis r N i kenN'rLCD�tnupt. Chu C1 +,nunetue L�itiah. a'ilu Iltn[dsPGx.S93,H. ${ k 4`urilmcC � NdA.a60. +i1e('1.ISftf1' 25H -30 W F tnxetitoaeag�taurtpdutnuenad R7 ,G,GGG:Ui7- �upyrtico _ . 7. rSt �!' I11. 6." �eryCmcsRNestlCtt' a &te2Eh�Gau4urcWt�,ieCeit.CiE� 1`(a "trlW9i�e."""� alt�t (f�,N"&'C�I,hC'�Sd4' Wddrtitlpnl �R;�Qil� Cea$ a, _.. -.. Wac or ow syslml;l kur eao[stSg, latma6 41MR autiou, IncCntergency yauecpQUPV uxep ta���evh Ak t ro uamtal Ltrensa tea fod' all goo m, G;muptloy ( YeE aotV ar at I aripQ GF a tt 'S fnr , dtiwilig, Ault A Qhp sttue @loft, A44 lifa Or pr%j ny %e: eC dNnget od: d7l}ieu �nEE 1aai,'sub- vi ions Wnd county or onciga ngenoraalctapax. xr ats aqy buy adcitf;b inl47T Ptt 4 trt and 3C7ItVCw musuuge undo at �SU,4A5A6 par 5;0'10 0' vpfoa 61, teNt rnn®aW,g�1a, ConG"aotor wilt ebtatlattc to pater^ JiNUNE'C,U ematl.'p milaaa_ 01her polkdQul stlla-eSidlMuft, Aid CQUnty of Dranga agefk ies /xiolsattmottts w4tttftg to tttl'i17 r111s- mid athm Rmi-emrgoaay itaproats pip tilts Catrhenma Will bo tarldrod -to tsstro t1ue1h Own SubordtTtais oC7i trnt datimiub, III, gjjutrr *tertx , 5wy Annual t fu r ro ' F rc}e i y[� coda ce_ SgpkA2k Leto sipesr t Rnutia,l T,EGKn a with kilt iwtaetattae and Support ows will ixis 4ubliliaedEmulgxtiy in n�o io tho addvpsa spetiilwdf ev -. Coutrwor atralt rakw °tCq C "u 'k rtt�mhHU gi im<ntuo 1� n n2 t h hQ Nv 3i1 aye aU reca;(jtt OF att ittvafde iaf h ftimktat agtScptal lc: to the cmill"t' nr Rtiqu,''aul. vedl7ed aid. tipyarovpd,gthe k /lgrat; }yn putidauufcahi { ©r utlatcpeoessir xet(itah trp fulling shall unsvet aaivi ra gY14(or sands aat prcvfgit4FXt itteataad, "fete nrnucMr tn1L mrmbuvile the comity a 01 -mige i'tlh nny mat 1w pnid to 64 6, I)r aolor roe goads or wrutemi notprovided cr wiwo Iooift GP nrvlads dq nntflw" the Corstet € iv¢ltrlrutrtanPs Nn'm nt@ tilade by tl)e f ui7tX ItA1L rtut preouda the vwt(, of tita Gatiirty f om tli malter dUpq,¢ ltg any itepta at; gervnsua i6l ved_gv billed Oder Ghts 0611ttaag tto41 jaW abt to WanoE loll ns aceeptlilwo of arty Pati f klk i Or S4*eak Tfia COT) tI44M. wilt ptovidu xhrittv'ak!c ua taNiuclar'% le (whead for saVi"s beddlrVi, liupfi; ufvoiva wilt lut'vtta aumbet artd will Nclttdbrn t'(ie 0A W 01l; ht raillintiew u" tO1rt1,m&'s- aattteatt¢Iixd4iIrou b" Corwacto,"ir oulihmmeaddalop , (If diCletauaf�ontfubpwe' a_ Name nCGoyteiy opajy oi- departhrew d., Cat r ty Cant rRot 114th seh 4. Cost C Ganh'WStor's lYerl Ynl l -t C?. iet mlis r N i kenN'rLCD�tnupt. Chu C1 +,nunetue L�itiah. a'ilu Iltn[dsPGx.S93,H. ${ k 4`urilmcC � NdA.a60. +i1e('1.ISftf1' 25H -30 x&ir" Effective: June 34 2008 I:., PURPOSE Ther purpose of thks:document is to outlind the Standard Qt and administration of FUartOC, ithe Orange County Put hereinafter referred to as "System This document will prc procedures and notes, and responsibilities at the ,reglo 64%tatlon of partloip4hts. IndiOdualjurfsdletionsloencies redtonat concepts, The step•by step procedures for activati a separate document m'aintainad by each jurisdlctlonlagem response plans for overall plantkl'ng and nospcnse efforts, A be maintained In RaspondfiC In the Nor= folder; ,atlhg Procedures, for the use Mass Notification System, 1'e mane apeciftc step by step I fewel including describing ould create and maintain and and usswill ba maintained In as a part of their arnergency rpy of these procedures shall This daoumant does not supersede any policy and propa0urps outlines in the Memorandums of Understondings signed by participattng agpnofeAr but should 6e, use.d . to supp- ort'the use of the Orange County mgs:s NctitEeatlon System, 11, S`F3TEM VESQ. IPTION' The prlmery intent of the Gountyw €de Public Mass Notifrcatlon. System Is to dissemtnata eearty warning arid, time Sensitive jnformaijern to u^ounly bvr messes and residents during time of an emergency event, The Pktbllc Mass Notification System Is only one component of the County of Orange iPpiwic'warning Symmn, As deemed fit by local authorities, the System Should bp, used in aonjunotion witli the other pu6ifcwarning mechanisrns krioluaing, b If aot Ifrniteq.to, routs alerting, the'Emergeney Alert System" sirens, and press releases:. ,System Ila available 94/7 a., 1141`116ers t[hglrrding uniste eve the option to 'provide a alertoo.oam With Ilnlc acpess authority dedtsion to aotivih he sltuatEon and recomr -nom bousehelda- via telephone, r bean, pre - loaded with Orange countywide geographle. maps, it contact information via self: iunty and all parftelpating enttty lystem wilt be used to send a ion the purolie should' take, to The .County of Qrartgo, Orange County Sheriff'g Department Is the sponsor of the countywide Public T asp Notification ' System initiative and will take appropriate measures to ensure that the System is in a state of operational readiness at all times, It is the responsibility of all panicipaling Agencies to maz itnize eftfaan benefits from the System. While the County's intent for implementing and meintalning the System Is for "emergency" use, upon consent from fatal authorftew, cities may optionally use the System to disseminate tovermnent- related" non- amergenoy notifications to citizens and organization rosouroes within its jurisdiction, See Section V, kthgrizod' 1.4o and Section Vitt, Cost.for policy guideitnes relating to non- emargencyuse. Vaite. F of 11 25H -31 ` Operating Procedures V AUTHORIZED USE The Mass Notification System is designed to be a countywide asset, available to all Agencies that have a dedicated publl'c safety- answering point (PSAP) and/or a resident, population they are: responsible for snaking protective action recommendations. An Agency may participate In the countywide system: at no charge when used for emergency purposes until June 2017 Agencies aut,horked to Coln the system at rig post are limited to the Incorporated cities, In the Orange County Operational Area, County agencies and departments,. the Municipal Water District of Orange County. and Crange County Retail Water Agencies, Each participating Agency must sign s aMOU and will maintain, at minlmurn, a Local Agency AdmInistratof responsible for Implementing and adallnistarfilg use of the System at the local level,, Cities Cities vvishIng to partfoii77te May .d. o so by having an authoritative representative sign the Orange County Public Mass Notification System MOV Upon signing the agreement, the vid Agency will be provided 'a local adm1w.4trator account, a vendor provided user manual And initial training. Throughout the term of the agreement, the Agency may use the System to send an unlimited number of emergency notifications to the public as weft as an uniimited number of ene.rgenoy and rton- amergency Intrar- department messages, Each p4riclpating City shall develop acrd maintain wcltteit procaclgres to identify and address the Agencys specific use of"the System within the scope of this policy guatlo,. Uninarrrporafed areas of `'Orange County will have emergency massaging to the public' launched by the Orange County Sheriffs DaparlmBnt. All other county agencles- may have access to utilize the systerm for Interdepartmental rise, each pariioipating bounty agency shall devoid p, and malntaln written procedures to identify and a, [kiss thfa Agency's specific use of k}re System within the scope of this policy guide and provide this guldelina to the Change County Sheriffs Departmonf Lmergertcy Management Division. tNaUr Retaif Water Agencies' Titre Murt€epat Water District of Orange County and Orange County' t3etail Water Agenoles wishing td participate may do, so bVIhaving. air, authoritat6`¢a rapresent5tiive sign the 'Orange County Water Retail Agency PGbIlc Mass Notification system" MO,J. upon signing the egmement,'the Agency will be provided a local administrator a000tint, and the Orange County Sheffff°s Department, Emergency M'a'nagement Division in collaboration with the Municipal Water District .of Orange County —Water Emergency response Organization, of (orange County (WEROO) will provide a user manuaf and Initial training. Throughout the term of the agmement, the Agency may use the System to sond emergency notifications to the public by utilizing pre•esteiblisited GIS shape flies or the system's Interactive map feature to identify their water usera. Each participating agency shall develop: and maintain written procedures to identlry, and address the Agency's spoolflc use of the System within the scope of this policy guide, I)sga 3 0 C1 25H -32 e t"rlg11a lWass tvetxrrr:caluar ird Operating Procedures 4. Contacting agency employees6DSWe to report at a different time or1 catlon (or provide an Update) due to an emergency 5, 50rclses Emergency considerations: ,1, Notification shall clearly state situation Is an, emergency 2. Message length shoal[ not eXCeed 30 seeonds 3. It is highly recommended elf messages are recorded using a real voice and not the computer transcriber. 4, It is highly recommended to provide a phone number 'or wehsita where the public can obtain additional or updated information 3. An all ofdor notification should lie sent when applicable A. Inter - Department Communloation City and County Agencles may use the Mass Notification System for non - emergency inter - departmentsf ,buslaoss communioattor as needed, without cost, it is. recommended that fndividual Agencles Weritify Where this would add value to their operations and establish separate written ptvtocols and procedures for this use. S. Non- Ernergsnoy .KrIJi 0 Ilse No aganay sh€rll use the Mass Notification Syst ©n[ for non-enl argency public announcements unless a separate pontract with the vendor is established. pion- emergency use shelf be consistent and in aampfranco v4h the non•emargency guidelines included wfthinM Any agency in violation ar this term may have their use of the system suspended, Adrlttlondlly j~ 911 data.Is not allowed to be utilized for Eton °emergency use pocrarding to the IoW Coilfprnls oublio Uti[ftles Code (CPU(�) sectlpns iS72 and 2891A and violators may be sVbjact to ortminal enforcement., to fsdictioYS uJ3lI be fimlted to utilizing the seEP- re gfstering. portal entry data only when launching, non - emergency messages.. Agencies who d9ntr46t to Use tt m countywide system for rlon- emergency aetfvity agree to give p000denca to ernergenoy notifloatlon call -puts by delaying or terminating non. emergency h6hficatlpn sessions if needed to lr[crease Prnatger cy message success. The primory concern for Pofnt of faiiure In tilts sftaatian is not the Maw Notfffcoll'on System „ but the le[epl alte port capacity of local phone providers responslble, for 61'fueri'ng call.$ to residents. t6st associated with rron•emergenpy public no- tifications Is the responsibility of the 16041 Agsney, Ses'septlon VIII.. Non - emergency public nptificaflon use is prohibited fo,rany pf the fotiowing purposes: 1. Any message of ccmmerclat nature 2. Any message of a political nature 3. Any non•officlal business (e,g, articles, retirement announcements, etc.) 4. To sand a message to an 0.911 obtained data source, see Section III, Governance, for additional Information relating to EQ1 I data use restrictions :Page 5 of I3 25H -33 ide Public Mass Notific0i tican SyStOni dard Operating Procedures functional need cliental may be established with prior authorization from the Orange County Sheriff's Department ,to ensure no vendor contract vfofations are occurring, Vtl. ACTIVATION ®n'THE SYSTEM Each City Jurisdiction Is responsible for launching inessages to affected cltlzens and businesses within their jurisdiction. Detarmhation of authority to request activation of the Mass Notifloatfan System rest with local officials, not with the County of Orange or, the Orange County Sheriffs Department Emergency Management Division, Water agencies are responsible for launching messages to affected citizens and businesses as identified In their service district, The following is protocol to be followed when art emergency message fs launched anywhere In Orange County. Am Public Notifications f, The County of Orange Is authorized to use the System to sand notifications, of regional emergencfes to any -and all residents within the Operational Area (sxample, Countywide, quarantine order for a health al'ert),. Upon sending a countywida notification„ Orange County Sherlff's Department Emergency Management Oivislon will, as scrims possible,, advlse the approprNate local ADenoy that „'mass notifications have been sent by the County to residents of their cidea. Frd natff catlan to shieroeney managers by emall at WebEOV ofthls A]p,rtOC aotivati'ori before, actual delivery of the message will occur It possible, a, father thin reolorTal emergency notifications, public ratifications are the responsibility of !tie i.rmilrrvrc, I' fklt,Ytl r,"A mndnf In fk A auAnr fhof thr, nAnei'ranhical location of an from City ,Officials. "This does not inolude the ut.iincorparated areas of I'iesstngorr Midway Ctty, Cowan Heights, :Lennon He)ghtt, all canyorls, Ooto de Qaza and Tratruco Canyon arras. Airy of the fore mentioned unincorporated areas by names, coordination will have to occur with, tiro Orange County sheriffs :DepartmontMPatoh Commander When the EOO hsInot aofivated 3. For a City Wishing to send or receive meezargos to or from a naalghborhig Agency during lima of a rnvK Jurlsdlational Inoldent, .an MOU should be established between both portles that grants permisslon for the h'encUing Agency to send amprgency no' ificatron to residents within the affected' Agency. (Excaption wiif be made for clues who have cointracted law enforcement servloes. No MOU wilf be required and access SHALL be granted)', a, In the event no MOU has been established, the local city agency will contact the Police Watch. Commander who Is the 24 hour warning point for all cities for approval and coordination. 4, WNbter agencies sending information to the public: will do so only to pre- loaded Gl$ shape files contafnl'r'g their service areas. This procedure. must occur due.to the overlapping juriadlotlonal boundary areas. Water bgenolss will launch. massages under the Orange Cduruy user account. pre- notiffoation to the Water Emergency Respcnse of Oranges County (WEROG) emergency manager, and impacted city emergency Nip 7of1.3 25H -34 Wo Puialle No$ Notificattoi daed Oporating Procedures IX. SYSTEM ADMINIS.TRATIONI'OPERATIONS' Individual Agencles are responsipta for providing togins and procedural training to key Individuals within thelr Agency responsi'''ble for using the Mass Notification. System. A. County Administrator The Orange County Sheriffs Department win. assign and maintain a designated Mesa. Notification program Administrator responsible for overall aoqu'rsltion, accessIbIliiy, . maintenanca,,00mpiiance and management of all components required to provide an effective countywide mass nottfloation system,. The County Administrator Is responsible f= 1.. System acquisition and contract management, 2. Palley management end as needed" modification (In consultation with public safety,, emergency management and emergency response personnel) 3, AWN compliance; routine monitoring at System use to Insure policy and contract compliance, 4, Access management: record management of signed MOU from each partiolpatiriru Agency, distribution of local administrator aocaunta and updated local admihIstrator contact list. .6. Data management E911 data acdulsltlon, update and compliance monitcrinyg,. Countywide map file ncqulsittor 'update and overall geo�oading, 61 Testing` facilitate routl'ne gystorawlde test exerC(se, do &umert overall test results and recommend and exacuto, as headed, ctarrectiue ocifonst the County level, 7 public education carnpafgn: Initiate and `Facllitate public education darftpal On dIrrrod St making the laulalic aware of the omMyWide public Mass iotificafSan system I1tlative: sthd oltizen Web i6rtat.. S:System support prevltl' esupptrtto Local AgwyAdmini sirators, B. t aeai Agericp Adrnliti'stratcir Paitiolpating P.gencies agree to.appidirt a- desPpated Mass Notification, Local Adtnfoistrator re'spon'sible for leading, coordinating, monitoring and optimizing Use of the Ma" Notificdtlorr System at me ivoal levSl i.00al Agency Administrator shall act as the Agency's, central point' of drsntaot €arid will work toitaboMtivbly With the County AdmWairatcr'to ihsuro IWO use Of M eystem ls'wlihln policy and MOU guidelines, . Local Agency Admnletrator Is responsiblelw 1. Contract acquisition it Agency will Use the system for non - emergency purposes. 2. Local Ager oy Mans Notification Operzating Procedure development and management. 3. Use co'rbppitahoe; routine monitorng, to en sure System Is used within the ooruliiions and terms of this document and associated MOU. 4. Acoess managerent: local user account' distribution and management, record management of MOU(s) and signed end user P &P. 5, q'ata management: perform routine data mia'hagemenf, error - correcting and data Integrity updates to System contact and dea -coded map data, Purls 9 p'f l', 25H -35 .ritywide Public Ma Notification System Standard Operating Procedures Revision History, Rovislon Date Author pesSripfloll Apirl) t& 2U08. _PMNS PoItqy_pomr111ft00 Dpalment OLIalftattCL _MVi 9, 2009. PMNS ixecu ve eylaw eam Nair-annergmicy a ! , an tormInstIon In Sastall V, Item C, .11or- Jaq.16, 2008 ._LeQLa_La8Iarra _fMep Ion clause In Bect A. bolletl –MaL201 0 —,,�Vjnkl Osborn I June 2012 Ra mond Choyjh—. Raviston fbFO—C-80 trangilon Ma 20I S R ymonc io M OvIale eontraekM Page L I of 13 25H-36 AlertOC Activation Form (for emarmancy use only) 4 taohrnentRl. JurtsdIcitort ti Ornlartion .� pate/rims JurtsdIcitort ti Ornlartion 4ull5clWon Nome: Authcftng Official: OtromedlatelY Targetad- Raciplentat eiriEill C Sms e CO ten Staff Rj�qbtlnq jnitjator Name (prin Ledj. Authorizing Sheriff Offldal: pate and Time Sent.. Name, pate and Time Resuft prov(ded tDjurlsdictloa -Pago X13 of 25H-37 NONDISCLOSURE AGREEMENT NONDISCLOSURE AGREEMENT BETWEEN PACIFIC SC:LL TELEPHQNIH b0MPANY dba sBG CALIF01RNIA, AND THI GQUNfY() 0R .F, CA IFCJFUR�I THI$ AGREEMENT, otloctive this 261h day of Jgrgt__, 20O8, eEffectilve Palo ") to between PACIFIC BELL TELCIc@IONE COMPANY dbo SVC CALIFORNIA, a California ,corporation (hereinafter '880 Califor ie7, County of Orange (hetelnatksr "Gusto e } and':NTI Group, Ina, (hereinaftee "Subcontmctor " }. 1. Custamarhas requested Neighborhood Call service from S80 Calffoorta unft'SBC Californla's'Tariff, CAI„P.U.C, NO. A92.6 and agrees to comply with ell provisions of 606 California's Tarfff; CAL, P.UC, NO. Ag,2.9, 2. 3 3ubo'onlMctorcortif os that It has reviewed the terms and Conditions of the SBC Caillmnla Tariff, CAL. RU.C, NO Ag.2.6 for Na €ghborhood Call and speclflcalty A9,2.68 zb which stipulates in part "The Nalghborhodd Calt database Information provided to customer pursuant to this tariff is cohfldentlal . and proprietary, and such r0meati0n will be held In aont7denee and only used and disclosed to Customer's a ,ployeas or its subcontractors and agents with a. need to know for purposes of providing a community slen and noflfloatlons to citizens as deflned has been d. Suboontractoragrees to comply with each of We obligations - contained In $130 Callfdrnia'i; TOW. . C A2.2,6 ;%2.b 4dr Neighborhood Call Tarl(% N61withatanding 1ne preceding sentence, Subcontractor Natghbctrhdod Gall s!ebaantaer'inttirmation will shared with any non- ompfoyae of Subcontractor, att)odn3t"#ckor or agent, without the writtsn nuthorizaton -'of Customer and the azacuflon nf,a Agraemanlvlhf $BC:California.. 9 L. P.UC. NO, agrees that no whethar7 ft be e No(ldisG(pau,re 6. Nothing contained in this Nondisclosure Agmsmeot *hail be construed as granting or conferring, any rights by lianas or miiero%4 to any €nformation, 7, This Nondisclosure Agreement shhil Weill, and be binding upon the nodes hdfato and the[r respective subsiciarfoa afgllsteg„ aucceaaaee dhd asalgns, 8, This Nondisclosure Agreement shell be governed by and construed In accordance with.. the laws of the State of California, Ifreapective of its choice Of laws principles', (B'fGNATORE PAGE FOLLOWS] 25H -38 PACIFIC a'RGJP.:LSPt+OW6 COMPANY dbet XXXX (Cus&cnlw) Bymm Wdrtuwmae ppin4 Narnm WX AgOA0 TWO bete Vgned° June :30 2008 V i 2 25H -39 Z N- 2014.076 aW- cadon of Agwrlients To: Clerk of the Board OfSupet' Mrs From: Shorlff' Sandra Hutchens IMttte; February 20, 2014 For ASR Control #13000722 Board Meeting Date June 18, 2013 Submitting Dopt, Sheriff - Coroner i aartify tl_a,.� � 'a¢ti floe attached fully exaouied Fj Agroemont ® Agreement(s) listed on FxhlbitA and atmobod to this certifloatlon are an exact iteration of the RSreement(s) presented to and approved by the 13cm -d of Supervisors on the above listed meeting date, i fttrtitor certif y that 1 have been authorized to exccttte said ay aruant(s) ttttd haw , personally pxooctud same, - j an Ta Namo Title Ve Z� 1- Signal Date 25H -40 Exhibit B 25H -41 Counhj Operational Area Countywide Public Mass Notification System Standard Operating Procedures Effective: June 30 2008 Revised: May 24, 2016 PURPOSE The purpose of this document is to outline the Standard Operating Procedures for the use and administration of AlertCC, the Orange County Public Mass Notification System, hereinafter referred to as "System ". This document will provide more specific step -by -step procedures and roles and responsibilities at the regional level including describing expectation of participants. Individual jurisdictions /agencies should create and maintain and regional concepts. The step -by step procedures for activation and use will be maintained in a separate document maintained by each jurisdiction /agency as a part of their emergency response plans for overall planning and response efforts. A copy of these procedures shall be maintained in PrepareOC. This document does not supersede any policy and procedures outlines in the Memorandums of Understandings signed by participating agencies, but should be used to support the use of the Orange County Mass Notification System. II. SYSTEM DESCRIPTION The primary intent of the Countywide Public Mass Notification System is to disseminate early warning and time sensitive information to county businesses and residents during time of an emergency event. The Public Mass Notification System is only one component of the County of Orange Public Warning System. As deemed fit by local authorities, the System should be used In conjunction with the other public warning mechanisms including, but not limited to, route alerting, the Emergency Alert System, sirens, and press releases. The Mass Notification System is available 24/7 and has been pre - loaded with Orange County landline phone numbers (including unlisted) and countywide geographic maps. Additionally, citizens have the option to provide additional contact information via self- registration portal www.alertoc.com with link access from county and all participating entity websites. Upon local authority decision to activate, the System will be used to send a message, describing the situation and recommended action the public should take, to affected businesses and households via telephone, e -mail and /or text. The County of Orange, Orange County Sheriff's Department is the sponsor of the Countywide Public Mass Notification System initiative and will take appropriate measures to ensure that the System is in a state of operational readiness at all times. It is the responsibility of all participating Agencies to maximize citizen benefits from the System. While the County's intent for implementing and maintaining the System is for "emergency" use, upon consent from local authorities, cities may optionally use the System to disseminate "government - related" non - emergency notifications to citizens and organization resources within its jurisdiction. See Section V. Authorized Use and Section VIII. Cost for policy guidelines relating to non - emergency use. Page 1 of 14 25H -42 Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures III. GOVERNANCE The Orange County Sheriff's Department Emergency Management Division will manage the Mass Notification System as a countywide asset under the Policy and Guidance approved and recommended by the Orange CountyAlertOC Working Group., and agreed upon by each individual Agency when they opt into the system. Use of the System by each Agency is contingent upon that Agency abiding by the contract with the mass notification vendor, and the protocols established by the Emergency Management Council and Operational Area Executive Board. The System utilizes the 9.1.1 database to complete the notifications. The use of the 9 -1 -1 database is regulated by the California Public Utilities Code (CPUC) sections 2872 and 2891.1. The information contained in the 9 -1 -1 database is confidential and proprietary and shall not be disclosed or utilized except by authorized personnel forthe purpose of emergency notifications. Any agency in violation of this regulation is subject to criminal charges as described in the CPUC. The Orange County Sheriffs Department Emergency Management Division is responsible to ensure that the provisions of the contract are implemented properly. Authorized users must respect the integrity of the database, understand the privacy issues and fully comply with the policies and protocols outlined in this document. If violations of the MOU and this approved policy document are made by any individual or Agency, the Orange County Sheriff's Department reserves the right to disable that individual's or Agency's login(s). IV. OVERVIEW OF GENERAL SYSTEM FEATURES At minimum, the Orange County Sheriff's Department shall acquire and maintain a Public Mass Notification System capable of meeting the following requirements. A. Licensed for use throughout the County's entire region B. Capacity to send a 45 second message to 10,000 residents and businesses within 10 minutes C. Capacity to send messages via phone, e -mail and text D. Accessible via the public Internet E. Provides audit trail logging and reporting F. GIS map interface for geographic call list generation G. Citizen self- registration web portal (available in English, Spanish and Vietnamese) H. Interactive phone survey technology and reporting I. IVR based notification setup and execution J. Capable of identifying constituents preferred language and sending message in English, Spanish and Vietnamese Pago 2 of 14 25H -43 Orange Comfy Operational Area Countywide Public Mass Notification Standard Operating Procedures V. AUTHORIZED USE The Mass Notification System is designed to be a countywide asset, available to all Agencies that have a dedicated public safety answering point (PSAP) and /or a resident population they are responsible for making protective action recommendations. An Agency may participate in the countywide System at no charge when used for emergency purposes until June 2021. Agencies authorized to join the system at no cost are limited to the incorporated cities in the Orange County Operational Area, County agencies and departments, the Municipal Water District of Orange County and Orange County Retail Water Agencies, Each participating Agency must sign a MOU and will maintain, at minimum, a Local Agency Administrator responsible for implementing and administering use of the System at the local level. Cities Cities wishing to participate may do so by having an authoritative representative sign the "Orange County Public Mass Notification System" MOU. Upon signing the agreement, the Agency will be provided a local administrator account, a vendor provided user manual and initial training. Throughout the term of the agreement, the Agency may use the System to send an unlimited number of emergency notifications to the public as well as an unlimited number of emergency and non - emergency inter - department messages. Each participating City shall develop and maintain written procedures to identify and address the Agency's specific use of the System within the scope of this policy guide. County Users Unincorporated areas of Orange County will have emergency messaging to the public launched by the Orange County Sheriff's Department. All other county agencies may have access to utilize the system for interdepartmental use. Each participating County agency shall develop and maintain written procedures to identify and address the Agency's specific use of the System within the scope of this policy guide and provide this guideline to the Orange County Sheriffs Department Emergency Management Division. Water Retail Water Agencies The Municipal Water District of Orange County and Orange County Retail Water Agencies wishing to participate may do so by having an authoritative representative sign the "Orange County Water Retail Agency Public Mass Notification System" MOU. Upon signing the agreement, the Agency will be provided a local administrator account, and the Orange County Sheriff's Department, Emergency Management Division in collaboration with the Municipal Water District of Orange County — Water Emergency response Organization of Orange County (WEROC) will provide a user manual and initial training. Throughout the term of the agreement, the Agency may use the System to send emergency notifications to the public by utilizing pre - established OIS shape files or the system's interactive map feature to identify their water users. Each participating agency shall develop and maintain written procedures to identify and address the Agency's specific use of the System within the scope of this policy guide. Page 3 of t4 25H -44 OraW Gaunt Oratinl.rea Countywide Public Mass Notification System Standard Operating Procedures Emergency Use Use of the Mass Notification System for emergency activity contains two components: (1) the need to disseminate critical, safety - related information to individuals regarding emergency events occurring now, follow up information regarding the event and termination of the emergency event., and (2) communicating with safety - responder staff, volunteers and involved parties about the emergency event. As a general rule, the System is to be used when the public is being asked to take some action (e.g. evacuate, prepare to evacuate, shelter in place, boil tap water before drinking, local assistance centers and other follow up information, rentry to an areas after evacuation orders have been lifted or termination of the emergency because the danger has passed). Emergency Public Notifications are limited to: 1. Imminent or perceived threat to life or property 2. Disaster notifications 3. Evacuation notices 4. Public health emergencies 5. Public safety emergencies 6. Any notification to provide emergency information to a defined community The following criteria should be utilized to assist with determining the need to issue an alert: 1. Severity. Is there a significant threat to public life and safety? 2. Public Protection. Is there a need for members of the public to take a protective action in order to reduce loss of life or substantial loss of property? 3. Warning. Will providing warning information assist members of the public in making the decision to take proper and prudent action? 4. Timing. Does the situation require immediate public knowledge in order to avoid adverse impact? 5. Geographical area. Is the situation limited to a defined geographical area? Is that area of a size that will allow for an effective use of the system, given the outgoing call capacity? 6. Are other means of disseminating the information inadequate to ensure proper and time delivery of the information? 7. Is the message being sent follow up information to an emergency event in progress? If the answer to ALL of these questions is "Yes ", then an activation of the Mass Notification System for emergency purposes may be warranted. To assist with trigger points for potential message use topics refer to Attachment A Emergency Responder Notifications are limited to: 1. Contacting first responders to advise of an emergency 2. Contacting first responders to report for duty due to an emergency 3. Contacting key staff regarding an emergency or crisis situation Page 4 of 14 25H -45 Orange Operational Countywide Public v.,� . Standard Operating • • • IN 4. Contacting agency employees /DSWs to report at a different time or location (or provide an update) due to an emergency 5. Exercises Emergency considerations: 1. Notification shall clearly state situation is an emergency 2. Message length shall not exceed 60 seconds 3. It is highly recommended all messages are recorded using a real voice and not the computer transcriber. 4. It is highly recommended to provide a phone number or website where the public can obtain additional or updated information 5. An all clear notification should be sent when applicable A. Inter - Department Communication City and County Agencies may use the Mass Notification System for non- emergency inter- departmental business communication as needed, without cost. It is recommended that individual Agencies identify where this would add value to their operations and establish separate written protocols and procedures for this use. B. Non - Emergency Public Use No agency shall use the Mass Notification System for non- emergency public announcements unless a separate contract with the vendor is established. Non - emergency use shall be consistent and in compliance with the non - emergency guidelines included within. Any agency in violation of this term may have their use of the system suspended. Additionally, E 911 data is not allowed to be utilized for non emergency use according to the law California Public Utilities Code (CPUC) sections 2872 and 2891.1 and violators may be subject to criminal enforcement. Jurisdictions will be limited to utilizing the self - registering portal entry data only when launching non - emergency messages. Agencies who contract to use the countywide System for non - emergency activity agree to give precedence to emergency notification call -outs by delaying or terminating non - emergency notification sessions if needed to increase emergency message success. The primary concern for point of failure in this situation is not the Mass Notification System, but the telephone port capacity of local phone providers responsible for delivering calls to residents. Cost associated with non - emergency public notifications is the responsibility of the local Agency, See section VIII. Non - emergency public notification use is prohibited for any of the following purposes: 1. Any message of commercial nature 2. Any message of a political nature 3. Any non - official business (e.g. articles, retirement announcements, eta) 4. To send a message to an E911 obtained data source; see Section III, Governance, for additional information relating to E911 data use restrictions Page 5 of 14 25H -46 ME Countywide Public Mass Notification System Standard Operating Procedures C. Confidentiality Agencies shall be responsible for: (1) ensuring that users maintain the confidentiality of all user login and password information; (ii) ensuring that users use the service in accordance with all applicable laws and regulations, including those relating to use of personal information; (iii) any breach of the terms of this policy or the vendor agreement by any user; and (iv) all communications by users using the service. Agencies shall promptly notify the Orange County Sheriff's Department and the vendor if it becomes aware of any user action or omission that would constitute a breach or violation of this policy or the vendor agreement. Through the "Memorandum of Understanding between the County of Orange and Participants for use of Countywide Mass Notification System," each agency is bound in writing to the confidentiality obligations sufficient to permit agencies to fully perform its obligations under this policy or the vendor agreement. VI. AUTHORIZED SYSTEM USERS A. Public Notifications In general, use of the system in most cities is the responsibility of the local law enforcement agency. Since law is responsible to make alert, notification and evacuation orders, However, others may also be authorized to make notifications will be officials including , emergency management, fire and city manager departments. County Administrator: The Orange County Sheriff's Department will act as the Countywide Public Mass Notification System County Administrator. County Administrator responsibilities are covered in section IX. System Administration and Operation. County User: Orange County Sheriffs Department Emergency Communication Division (9- 1-1 dispatch), Control One and Emergency Management Division personnel will be setup as "County" users. County Users will have permission to access and launch emergency notifications to all jurisdictions within Orange County consistent with County Operational Area public safety response guidelines. All other county agencies will have permission to execute inter department notifications, The Orange County Emergency Operations Center, when activated will be responsible for all public notifications to unincorporated areas during an emergency. For day to day use of the system for public safety incidents including but not limited to hazmats, felony crimes with suspects still at large, the Orange County Sheriff's Department Commander will be responsible for execution of messages. Local Agency Administrator: A minimum of one designated Local Agency Administrator will be required for each Agency participating In the countywide System. Local Agency Administrator responsibilities are covered in section IX. System Administration and Operation. Local Agency User: Participating Agencies may have an unlimited number of Local Agency Users, Local Agency Users will have access to resident contact records within their jurisdiction as well as neighboring jurisdictions with an established MOU agreement. Local Page 6 of 14 25H -47 County OperationalArea Countywide Public Mass Notification System Standard Operating Procedures Agency Users will be authorized and managed by the Local Agency Administrator and may have varied system permissions. Any City jurisdiction who has contracted police services shall grant and provide access to their jurisdictions system in order to launch messages in a timely manner. Water agencies are identified as local users under the Orange County Sheriff's Department Emergency Management Division. Inter - Department User: Inter - departmental users will have permission to inter - departmental contact information only and are authorized to use the system solely for inter - departmental communication including but limited to first responder or volunteer call -outs. Additional user for special contact groups including In House Special Services (IHSS), access and functional need cliental may be established with prior authorization from the Orange County Sheriff's Department to ensure no vendor contract violations are occurring. VII, ACTIVATION OF THE SYSTEM Each City Jurisdiction is responsible for launching messages to affected citizens and businesses within their jurisdiction. Determination of authority to request activation of the Mass Notification System rest with local officials, not with the County of Orange or the Orange County Sheriffs Department Emergency Management Division. Water agencies are responsible for launching messages to affected citizens and businesses as identified in their service district. The following is protocol to be followed when an emergency message is launched anywhere in Orange County. A. Public Notifications 1. The County of Orange is authorized to use the System to send notifications of regional emergencies to any and all residents within the Operational Area (example: Countywide quarantine order for a health alert). Upon sending a countywide notification, Orange County Sheriff's Department Emergency Management Division will, as soon as possible, advise the appropriate local Agency that mass notifications have been sent by the County to residents of their cities. Pre - notification to emergency managers by email or WebEOC of this AlertOC activation before actual delivery of the message will occur if possible. 2. Other than regional emergency notifications, public notifications are the responsibility of the individual City /Local Government. In the event that the geographical location of an incident requires a message to be delivered to multiple jurisdictions, the responsible Agency will inform each individual Agency so that they can send the message to those affected within their own jurisdiction. Exception: Small unincorporated neighborhoods embedded within City limits will receive mass notification of local city emergency activity from City Officials. This does not include the unincorporated areas of Rossmoor, Midway City, Cowan Heights, Lemon Heights, all canyons. Coto de Caza and Trabuco Canyon areas. Any of the fore mentioned unincorporated areas by names, coordination will have to occur with the Orange County Sheriff's Department/Watch Commander when the EOC is not activated. 3. For a City wishing to send or receive messages to or from a neighboring Agency during time of a multi - jurisdictional Incident, an MOU should be established between both parties thatgrants permission forthe handling Agencyto send emergency notification to residents Page 7 of 14 25H -48 Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures within the affected Agency. (Exception will be made for cities who have contracted law enforcement services. No MOU will be required and access SHALL be granted). a. In the event no MOU has been established, the local city agency will contact the Police Watch Commander who is the 24 hour warning point for all cities for approval and coordination. 4. Water agencies sending information to the public will do so only to pre - loaded GIs shape files containing their service areas. This procedure must occur due to the overlapping jurisdictional boundary areas. Water agencies will launch messages under the Orange County user account. Pre - notification to the Water Emergency Response of Orange County ( WEROC) emergency manager, and impacted city emergency managers will occur prior to the lunch of the message by email containing the AlertOC message before actual delivery of the message will occur. a. The WEROC Emergency Manager is responsible to notify and provide the information to the OA/County Emergency Manager since the identification information will show the County of Orange as the initiator. 5. In the event a participating Agency is unable to send out an emergency message, the Orange County Control One Coordinated Communications Center is available to act on the local Agency's behalf. Agencies that do not have a current MOU with the County may also request Control One to send out an emergency message. Control One will not be available to send internal notifications. All rules and guidelines are applicable. It is still the responsibility of the local agency with the primary responsibility of the incident to receive approval for adjacent jurisdictions on multi jurisdictional events. Attachment B is the launch form containing all information required in order to launch a message. Authority to request mutual aid assistance from Control One must be requested by a Lieutenant or above (same protocols as requesting a Code Alex). 6. If the Operational Area EOC is activated, agencies may request to utilize the Orange County Information Hotline 714- 628 -7085 as the identification phone number for residents and businesses to call to obtain additional information. Agencies are requested to send a copy of the AlertOC script to the OA EOC before the message is launched, if possible, 7. Participating Agencies are authorized to develop pre - established notification lists and messages to meet their individual needs. These lists may include special populations (e.g. In -home care, schools, etc) or those susceptible to certain risks (e.g. homes within dam inundation zone). It is the responsibility of the participating Agency to create, maintain and update these lists, B. Emergency Response and Inter - Department Notifications: 1. Each participating Agency is authorized to create employee /volunteer and department call lists and pre - recorded messages. 2. Any non -city agency wishing to create specialty groups which still contain public contact information (ex: special needs callouts) may do so with prior consent. However, any activation of information to any of these groups needs to be coordinated to ensure clear, concise and accurate information is being dispersed. During emergencies, messages will be coordinated with the Operational Area, Orange County Sheriff's Department Emergency Management Division. 3. It is the sole responsibility of each participating Agency to maintain these lists and to launch notifications as deemed necessary. Page 8 of 14 25H -49 Orange County OperaCountywide Public Mass Notification System Standard Operating Procedures tional Area VIII. COSTS The County of Orange agrees to fund the System for notifications classified as "emergency use ". The County of Orange also agrees to continue to purchase updated E911 telephone data and geographic maps. Costs associated with use of the System for non - emergency activity is the responsibility of the local Agency through separate contract with the mass notification Vendor. IX. SYSTEM ADMINISTRATION/OPERATIONS Individual Agencies are responsible for providing logins and procedural training to key individuals within their Agency responsible for using the Mass Notification System. A. County Administrator The Orange County Sheriff's Department will assign and maintain a designated Mass Notification Program Administrator responsible for overall acquisition, accessibility, maintenance, compliance and management of all components required to provide an effective countywide mass notification system. The County Administrator is responsible for: 1. System acquisition and contract management. 2. Policy management and as needed modification (in consultation with public safety, emergency management and emergency response personnel.) 3. Audit compliance: routine monitoring of System use to insure policy and contract compliance. 4. Access management: record management of signed MOU from each participating Agency, distribution of local administrator accounts and updated local administrator contact list. 5. Data management: E911 data acquisition, update and compliance monitoring. Countywide map file acquisition, update and overall geo- coding. 6. Testing: facilitate routine System -wide test exercise, document overall test results and recommend and execute, as needed, corrective action at the County level. 7. Public education campaign: initiate and facilitate public education campaign aimed at making the public aware of the countywide public mass notification system initiative and citizen web portal. 8. System support: provide support to Local Agency Administrators. B. Local Agency Administrator Participating Agencies agree to appoint a designated Mass Notification Local Administrator responsible for leading, coordinating, monitoring and optimizing use of the Mass Notification System at the local level, Local Agency Administrator shall act as the Agency's central point of contact and will work collaboratively with the County Administrator to insure local use of the system is within policy and MOU guidelines. Local Agency Administrator is responsible for: Page 9 of 14 25H -50 ME Countywide Public Mass Notification System Standard Operating Procedures 1. Contract acquisition if Agency will use the system for non - emergency purposes. 2. Local Agency Mass Notification Operating Procedure development and management. 3. Use compliance: routine monitoring to ensure System Is used within the conditions and terms of this document and associated MOU. 4. Access management: local user account distribution and management, record management of MOU(s) and signed end user P &P. 5. Data management: perform routine data management, error - correcting and data integrity updates to System contact and geo -coded map data. 6. Testing: facilitate routine local System test exercise, document local test results and recommend and execute, as needed, corrective action at the local level. 7. Public education campaign: initiate and facilitate public education campaign aimed at making the local community aware of the intended use of the Mass Notification System and citizen web portal. 8. System support: provide support to local Agency end - users. X. INFORMATION SYSTEMS AND SUPPORT The Orange County Sheriff's Department will acquire and maintain 24x7x365 vendor support for the Mass Notification System. Participating Agencies are authorized to contact vendor support as needed. XI. ROUTINE TESTING The Mass Notification System will be tested quarterly. Test exercises will be geared towards insuring that use of the System in an emergency is optimized. This includes testing operational readiness, activation procedures and system effectiveness as well as validating data and system processes. Through test exercises, System administrators and users will be able to observe the mode of operation to augment and refresh System and process knowledge. Specific test exercise routines, roles, responsibilities and schedule will be detailed in the Operational Area Standard Operating Procedure document. By signing the Mass Notification System MOU, participating Agencies agree to take part in quarterly Mass Notification countywide test exercises. XII. DEFINITIONS System — All components of the Mass Notification System including hardware, software, access portals, contact data and GIS maps. 2. Resident — Comprises households and businesses. 3, IVR — Interactive Voice Response is a phone technology that allows a computer to detect voice and touch tones using a normal phone call. This technology will allow a user of the Mass Notification System to launch a message to a pre- defined call list when a pc or internet connection is not available. Page 10 of 14 25H -51 Countywide Public Mass Notification System Standard Operating Procedures 4. Emergency - "Emergency" shall include, but not be limited to, instances of fire, flood, storm, epidemic, riots, or disease that threaten the safety and welfare of the citizens and property located within the boundaries of the county and participants' respective jurisdictions. Page 1 I of 14 25H -52 Revision History: Orouge County Operational Area. Countywide Public Mass Notification System Standard Operating Procedures Revision Date Author Descri tion April 18, 2008 PMNS Polley Committee Document originated May 19 2008 PMNS Executive Review Team Non-emeMency session termination in Section V., Item C. June 16, 2008 Teara LeBlanc Exception clause in Section VII Item A. bullet 2. Ma 2010 Vicki Osborn Revision of all sections June 2012 Raymond Cheurig Revision for OCSD transition May 2013 Raymond Cheunq Revision for new vendor contract May 2016 Raymond Cheung Added confidentiality item to Section V., Item C. and allowed non - emergency use in Section V., Item B. and Section VIII. Page 12 of 14 25H -53 Orange Caunty OperotionalArea Countywide Public Mass [Notification System Standard Operating Procedures Attachment A — Alert OC Trigger Points Guidelines (Placeholder) Type of Incident Description Meets Public Safety Criteria Active Shooter A shooting with armed individual or individuals is Yes occurring in a known area. Boil Water An unsafe water supply issue requiring the public to _ Yes Orders boil water before use. Building Fire Afire occurring in an urban area requiring evacuation Yes or shelter in place for the immediate area. Violent Crimes Violent crimes that just occurred such as robbery, Yes assault, murder, etc. Felony Suspect Law enforcement is currently searching for a felony Yes at Large suspect that is suspected to be in a certain area. HazMat Hazardous Materials incidents that require a Yes firelhazmat response and may include evacuations or shelter-in-place orders. Health Orders Any public health order made pursuant to County Yes Health Officer recommendations. Missing Adult 12. 17 yrs with decreased mental capacity or medical Yes (920A) with condition cires -special Missing Child 12 yrs or younger ** *Discussion add Amber alert Yes 920C triggers Missing Juvi 18 yrs and older 12. 17 yrs with decreased mental Yes (920J)with capacity or medical condition special cires Severe Weather Weather warnings that forecast an occurring or Yes Related imminent threat to public safety or coincide with protective action recommendations such as voluntary or mandatory evacuation orders. Evacuation or Voluntary or mandatory evacuation or shelter -in -place Yes Shelter -in -Place orders. Wildland Fire A fire occurring in a wildland urban interface area Yes requiring immediate evacuation or shelter -in- place. Road Closures Unplanned road closures due to an emergency Yes situation. Planned Events Road closures due to community events planned in No advance. Page 13 of 14 25H -54 Orange Cotenty Operational Area Countywide Public Mass Notification System Standard Operating Procedures AIert0C Activation Form (for emergency use only) (Attachment B) I Request Received Date/Time: 3Urisdiction Information Jurisdiction Targeted Recipients: Requestor: (Name/Title) SMS Content: Contact Phone Numbers: Staff Executing Message --#I: Authorizing Official: (Name /Title) Message Specifics Date/Time Message to Be Sent: ❑ Immediately Targeted Recipients: Type of Message: ❑ Phone ❑ e-mail ❑ SMS SMS Content: Message Content: Staff Executing Message Initiator Name (printed): Authorizing Sheriff Official: Date and Time Sent: Name, Date and Time Results provided to jurisdiction Page 14 of 14 25H-55 Exhibit C 25H -56 NONDISCLOSURE AGREEMENT NONDISCLOSURE AGREEMENT BETWEEN PACIFIC BELL TELEPHONE COMPANY dba SEC CALIFORNIA, AND THE COUNTY OF ORANGE CALIFORNIA THIS AGREEMENT, effective this 26th day of June , 2008, ( "Effective Date ") Is between PACIFIC BELL TELEPHONE COMPANY ohs SBC CALIFORNIA, a California corporation (hereinafter "SBC California"), County of Orange (hereinafter "Customer') and NTI Group, Inc. (hereinafter "Subcontractor'). 1. Customer has requested Neighborhood Call service from SBC California under SBC California's Tariff, CAL.P.U.C, NO. A9.2.8 and agrees to comply with all provisions of SBC California's Tariff, CAL. F.U,C, NO. A9 2.6. 2. Customer has Identified Subcontractor as Its agent for obtaining Neighborhood Call subscriber Information from SBC California for provision of community alerts and notifications to citizens as defined in California Public Utilities Commission Code Sections 2872 and 28911 and as allowed in SBC California's Tariff, CAL,P.U.C, NO. A926. In the event Customer elects to no longer use Subcontractor for obtaining Neighborhood Call subscriber information, Customer shall provide SBC California written notice of such change 30 days in advance of Subcontractor's agency status being terminated by Customer. 3, Subcontractor certifies that it has reviewed the terms and conditions of the SBC California Tariff, CAL. P.U.C. NO. A9.2.6 for Neighborhood Call and specifically A9.2.6B.2.b which stipulates in part: "The Neighborhood Call database information provided to Customer pursuant to this tariff Is confidential and proprietary and such Information will be held in confidence and only used and disclosed to Customer's employees or its subcontractors and agents with a need to know for purposes of providing a community alert and notifications to citizens as defined in California Public Utilities Code Sections 2672 and 2891.1. Customer agrees that each of Its employees, subcontractors or agents receiving or having access to the Neighborhood Call database information will be informed that such Information is subject to the terms and conditions of this tariff and the Neighborhood Call database Information will remain the property of Pacific; that the Neighborhood Call database information will be treated with the same degree of care as Customer affords to its own highly confidential and proprietary Information; and that the Neighborhood Call database information will not be reproduced in any manner, unless otherwise specifically authorized in writing by Pacific, Upon request, Customer will promptly return to Pacific all Neighborhood Call database Information in a tangible form or certify to Pacific that such information has been destroyed" 4, Subcontractor agrees to comply with each of the obligations contained in SBC California's Tariff, CAL, P.U.C. NO, A92.8.B.2.b for Neighborhood Call Tariff, Notwithstanding the preceding sentence, Subcontractor agrees that no Neighborhood Call subscriber information will shared with any non - employee of Subcontractor, whether it be a subcontractor or agent, without the written authorization of Customer and the execution of a Nondisclosure Agreement with SBC California. S. This Nondisclosure Agreement shall be in effect from the Effective Date until such time that Customer terminates Its request for Neighborhood Call service from SBC California or Customer elects to no longer use Subcontractor for obtaining Neighborhood Call subscriber information, Subcontractor's duty to keep the Neighborhood Call subscriber information confidential shall continue beyond the term of this Nondisclosure Agreement until such time that Subcontractor returns to 860 California all Neighborhood Call subscriber Information In a tangible form or certifies to SBC California that such information has been destroyed. 6, Nothing contained in this Nondisclosure Agreement shall be construed as granting or conferring any rights by license or otherwise in any Information. 7. This Nondisclosure Agreement shall benefit and be binding upon the parties hereto and their respective subsidiaries, affiliates, successors and assigns, 8. This Nondisclosure Agreement shall be governed by and construed in accordance with the laws of the State of California, Irrespective of Its choice of laws principles. (SIGNATURE PAGE FOLLOWS] 25H -57 PACIFIC BSLL TELEPHONE COMPANY dba SBG CALIFORNIA print Name: Title: Date XW (Subcontivator and/or Agent) Pont 71fic Date SIgned:­­­­­­- XXXX (Customer) ----------- By:— Print Name: IWM-Lo Title Program Manager Date Signed; June 30, 2008 25H-58 Exhibit D 25H -59 Public Mass Notification System Individual User Agreement 1. [Insert Name] (hereinafter "USER ") is an agent, officer, employee or representative of [Insert name of entity], (hereinafter "PARTICIPANT "). 2. PARTICIPANT is a signatory to a Memorandum of Understanding ( "MOU ") between with the County of Orange ( "COUNTY ") for Use of Countywide Mass Notification System ( "SYSTEM "). 3. As an agent, officer, employee or representative of PARTICIPANT, USER has been granted access to the System by PARTICIPANT and is deemed an Individual User under the MOU. 4. USER understands that as an Individual User, USER may only use the SYSTEM in the manner described in the MOU, the Everbridge GSA Approved, End User License Agreement, and in accordance with the requirements of the law. . 5. By signing this Individual User Agreement, USER hereby further expressly agrees to the do following things: a) to maintain the confidentiality of login and password information; b) to use the System in accordance with all applicable laws and regulations, including those relating to use of personal information; c) to be responsible for any breach of the terms of the Agreement with Everbridge and /or the MOU between PARTICIPANT and COUNTY caused by the Individual User; and d) to maintain the confidentiality of all records and information to which the Individual User may have access as a result of their access to the System pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this MOU; and e) that all information transmitted and the use of the SYSTEM by USER shall be in compliance with California Public Utilities Code section 2872. 6. USER also acknowledges having been provided the opportunity to review the GSA Approved End User License Agreement with Everbridge, the MOU and California Public Utilities Code section 2872, prior to signing this Individual User Agreement, and hereby agrees to abide by both the letter and intent of those documents.. 7. USER may withdraw their consent to terms contained within this Individual User __ Agreement ate time by notifying PARTICIPANT in writing. USER acknowledges, 25H -60 however, that withdrawing USER's consent will result in immediate termination of USER's right and ability to access the SYSTEM. By signing this Individual User Agreement, USER acknowledges having thoroughly read the foregoing, and hereby consents and agrees to the above terms and conditions. Dated: Signature Printed Name 25H -61 25H -62 • • CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. TO SUPPORT WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION'S "DINNER UNDER THE STARS "EVENT {STRATEGIC PLAN NO. 5, 41 k:gITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: --• o. ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 21d 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 the Charitable Ventures of Orange County Inc. for a one -time donation amount of $1,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney, DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Martinez recommends appropriating $1,000 to Charitable Venture of Orange County Inc. to support Wilshire Square Neighborhood Association's "Dinner under the Stars" event, to be held on Saturday, July 30, 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. 251 -1 Donation Agreement with Charitable Ventures of Orange County Inc. July 5, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015- 62300). The $1,000 will be spent from Councilmember Martinez's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: r � � Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 251 -2 , F,x,. City M1lanager's Office - IVY-31 N-4 City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Cox Santa Ana, CA 92702 2702 1 C14) 647.5200 Name: (` Title. Address: N C.`� } 4 City, state, Zip: 1 ('- - '- ,_ . Phone: < z-j` (✓'- I V Email; fi ,. pax: r. Name: ' U Lw -'-1 L(. UQ Tax - Exempt Status: Is your organization a non- prog�t or public tax-exempt organization as Select One: defined under Section 501(c)(3) of the Internal Revaa``nue Code? Yea No If No, you will only qualify for a credit for City- related costs for yourrequest (i.e. permit fees, If Yas, q ) —b. [ � 6j 660 staff time, rental rates for facilities or equipment, etc.). Costs for City services very and if o(V approved. credit may or may not cover full cast of requested City services. Tax ID M City Services Credit � - - -- -. -... / 1 f ) , Amount Requested: Data Needed: ! i / MayoriCaunatlmembar; { J �`tcc t r t i Direct Payment Amount Requested: S Event Date: 2� I EventTlme: 6­11 ��� � t Event Location: AddMai CO, State, ZIP , �} � 7 �f. , � � �{ (� Cc t � � lrt ✓t t«.ps't �e C Ui -, G `� �it t c-s eix -�-i Description of Event t Purpose: Q »-� �E `c I �„ y Oyl C P f . ,r Community Benefit:' ur n_j L& U cx C 5¢ C., « e �� Applicant Signature: a -- i Date: f C/ Mail: City Manager's office -M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Email: donationrequest §santaana.org Pax: (714) 647 -6954 Revised 11!1612015 251 -4 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on JULY 5, 2016 by and between the City of Santa Ana, a municipal corporation ( "City") and CHARITABLE VENTURES OF ORANGE COUNTY INC., a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient"), City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in SUPPORTING WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION'S "DINNER UNDER THE STARS" EVENT TO BUILD COMMUNITY AMONG RESIDENTS (" Community Benefit"), The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER MICHELE MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will ENCOURAGE COMMUNITY - BUILDING. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND DOLLARS ($1,000) for an event that will be held on Saturday, July 30, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit, In executing this Agreement and receiving the funds, Recipient agrees to use the fiords only for the purpose described and subject to the terms and conditions provided for in this Agreement, Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below, 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's fall expenditure of the funds. The City has the right to tenninate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant riskpf Exhibit 2 251 -5 CITY Or SANTA ANA DONATION AORrmNIENT Page 2 of 3 injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by Cit v. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification, Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, daana.ges or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding, Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3,6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3,7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 251 -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMME NDED FOR APPROVAL CITY OF SANTA ANA By; Robert C. Cortez By; Special Assistant to the City Manager David Cavazos City Manager's Office City Manager Attest: By; Maria. D. Huizar Clerk of the Council Approved as to Form; By; . M. Funk Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY INC., a 501(c)3 NON-PROFIT ORGANIZATION' Signature Title 251 -7 251 -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: ARTS AND CULTURE ARTIST GRANT PROGRAM FISCAL YEAR 2016 -2017 {STRATEGIC PLAN NO. 5,5B) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ set Public Hearing For® CONTINUED TO FILE NUMBER 1. Approve the Arts and Culture recommendations for Fiscal Year 2016 -2017 Investing in the Artist Grant Opportunity in the amount of $70,000; 2. Authorize the City Manager and the Clerk of the Council to execute agreements with six artists not to exceed $5,000 each and four art organizations not to exceed $10,000 each, subject to non - substantive changes approved by the City Manager and City Attorney. ARTS AND CULTURE COMMISSION RECOMMENDATION At its regular meeting on June 16, 2016, the Arts and Culture Commission (ACC) recommended funding recommendations for the Investing in the Artist Grant Opportunity for Fiscal Year 2016- 2017 to the City Council by a vote of 6:0 ( Alvarado absent). DISCUSSION The Investing in the Artist Grant Opportunity program is an effort to aid emerging and established artists and art organizations in Santa Ana to further their artistic creativity while residing and /or working in Santa Ana's vibrant local art scene. The goal of the grant is to distribute small but impactful funds to artist and art organizations in Santa Ana. A total of $70,000 is available to be awarded to selected artists and art organizations. Awardees will receive grants in the amounts of either $2,500 or $5,000 for artists and $10,000 for art organizations. Grant funding for artists may be applied towards artist project (including time, travel and research), equipment and supplies. Grant funding for art organizations may be applied towards special events, special projects, equipment and supplies. At its regular meeting on February 2, 2016, City Council authorized staff to release the Investing in the Artist Grant Opportunity application to solicit project proposals to emerging and established 25J -1 Arts and Culture Artist Grant Program July 5, 2016 Page 2 artists and arts organizations. The application was released on February 8, 2016 and available until May 2, 2016. Submissions were accepted online via www.submittable.com, by mail, or hand delivery. Outreach included a Nixle press release, as well as contact with community partners. The application was posted on the City's website and a direct e-mail announcing the grant opportunity was sent to artists and art organizations who had expressed interest in receiving such notices. Staff also conducted three grant application workshops and a grant writing workshop which had a total attendance of 58 individuals. A review panel composed of art educators and organization leaders reviewed and rated a total of 40 completed applications. The applications were evaluated on the following criteria based on the applicant group: Artists (1) Project Merit - 40% (2) Artist Portfolio - 30% (3) Potential Community Impact - 20% (4) Individual Need - 10% Art Organizations (1) Project Merit - 50% (2) Organization Need - 25% (3) Potential Community Impact - 25% The awardee rating results for both art organizations and artists are summarized below. Full rankings of art organizations and artists are listed in Exhibit 1 and 2. Descriptions of each project are provided in Exhibit 3. Art Organizations Applicant Scor Project Funding Requested Recommended Expiration Centro Cultural de 87.5 Support Noche de Altares, Santa Ana's $10,000 $10,000 6/30/2017 Mexico Dia de los Muertos event Downtown 870 . Artwalk: performances, interactive art $10,000 $10,000 6/30/2017 Inc. exhibits and art activities The camp will feature a comprehensive Delhi 82.0 art driven menu that participants can $10,000 $10,000 6/30/2017 choose from on a rotational basis Orange County Children's 80.0 Summer Intensive Music Camp for Santa $10,000 $10,000 6/30/2017 Therapeutic Ana Youth Arts Center TOTAL $40,000 25J -2 Arts and Culture Artist Grant Program July 5, 2016 Page 3 Artists Applicant Score Project Funding Requested Recommended Funding Expiration Date Omar Avalos 87.0 Establish seasonal community chamber $5,000 $5,000 6/30/2017 orchestra Sara 86.6 Free playwriting & theatre - making $5,000 $5,000 6/30/2017 Guerrero workshops Sarah Rafael 79.6 Bookmobile to build community and $5,000 $5,000 6/30/2017 Garcia promote literacy Priscila 2 Free Community Art & Culture Events: Hernandez 79.0 International Women's Day $5,000 $5,000 6/30/2017 International Artist's Da Federico 76. 2 A social documentary of Santa Ana $5,000 $5,000 6/30/2017 Medina resented in photography Victor Cruz 75.0 A series of 4 large -scale woodcuts $5,000 $5,000 6/30/2017 TOTAL $30,000 Grantees will be required to submit an interim and final report on outcomes achieved. The first payment will be disbursed at the commencement of the grant period and the second payment will be disbursed after completion of an interim report. Interim and final reports will require documentation for expenses paid, such as receipts, to support grant expenditures. If receipts are not available for certain expenses, a certification from the awardee certifying the expense may be accepted on a case by case basis. Grantees will also be required to submit a worksheet detailing the date, time, and location of the workshop /event. Staff will provide the details of the workshops /events to City Council as they become available. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy B (Generate public and private support and resources to strengthen, expand and stabilize finding for the arts). FISCAL IMPACT Funds in the amount of $70,000 are available in the FY 2016 -2017 Community Development Agency Strategic Plan Projects Loans and Grants account (no. 05218018- 69152). 25J -3 Arts and Culture Artist Grant Program July 5, 2016 Page 4 Robert C. Cortez Special Assistant to the City Manager City Manager's Office RC /CD /SB Exhibits: 1. Ranking List Art Organizations 2. Ranking List Artists 3. Project Descriptions 4. Draft Agreement APPROVED AS TO FUNDS AND ACCOUNTS: n\ Francisco Gutierrez Executive Director Finance and Management Services Agency 25J -4 Arts & Culture Commission Artist Grant Recommendations (Art Organizations) Artist Grant 2016.2017 L XV ACC Funding Recommended Rank Scare Organization Pro ect Requested Funding Support Noche de Altares, Santa Ana's 1 87.5 Centro Cultural de Mexico Die de los Muertos event $10,000 $ 10,000 Artwalk: performances, interactive art 2 87.0 Downtown Inc. exhibits and art activities $10,000 $ 10,000 The camp will feature a comprehensive art driven menu that participants can 3 82.0 1 Delhi Center choose from on a rotational basis $10,0001 $ 10,000 Orange County Children's Therapeutic Arts Center Summer Intensive Music Camp for q 80.0 (OCCTAC) Santa Ana youth $10,000 $ 10,000 New art programs, an Art Walk for youth, public parks beautification and a 5 79.0 Triple Threat Mentoring public mural $10,000 0 The Wooden Floor for 6 77.0 Youth Movement Dance Free Weeks $10,000 0 Develop the artistic abilities and creativity of 35 -75 students in musical theater 7 77.0 Arts and Learning Conservatory production $10,000 0 Provide instruction for youth in 8 75.0 Relampage del Cielo, Inc. Mexican folklorico dance $10,000 0 Community Partners / 2016 oC Film Fiesta and New Santa Ana Neighborhood Film 10 73.0 Santa Ana Neighborhood Film Fandango Fandango community film initiative $10,000 0 11 71.0 Heritage Museum of Orange County Art and History Mural Project $10,000 0 Replace three existing, obsolete, energy - inefficient lighting systems with a single 12 66.0 Orange County Center for Contemporary Art high - efficiency lighting system $10,000 0 L XV 25J -6 Arts & Culture Commission Artist Grant Recommendations (Artists) Artist Grant 2016.2017 9-3m ACC Funding Recommended Rank Score Applicant Project Requested Funding Establish seasonal community chamber 1 87.0 Omar Avalos orchestra $5,000 $ 5,000 Free playwriting & theatre - making 2 86.6 Sara Guerrero workshops $5,000 $ 5,000 Bookmobile to build community and promote 3 1 79.6 ISarah Rafael Garcia literacy $5,000 $ 5,000 2 Free Community Art & Culture Events: International Women's Day 4 79.0 Priscila Hernandez International Artist's Day $5,000 $ 5,000 A social documentary of Santa Ana 5 76.2 Federico Medina presented in photography $5,000 $ 5,000 6 75.0 Victor Cruz A series of 4 large -scale woodcuts $5,000 $ 5,000 Free creative writing workshops and 7 66.4 Marilynn Montano discussions around culture $5,000 0 Contemporary Abstract mural, with audio /visual documentation published 8 65.4 Michael Ziobrowski as an online educational tool $5,000 0 Filmed and audio recorded show that 10 64.4 Luis Martinez will also be open to the public $5,000 0 6 part video series that celebrates Santa 11 1 64.2 Victor Pa an Ana's diverse Art, History and Culture. $5,000 0 1 Local Tune: The Santa Ana Music Scene 12 63.4 Chantal Eyong documentary $5,000 0 13 63.2 Manual Cortez 17+ Free Community Workshops $5,000 0 Visual Effects Workshop for at risk youth 9 59.4 Jess Hiram Rodriguez of the inner citv of Santa Ana $5,000 0 Write and Produce a Cumbia album 14 59.2 Moises Vazquez inspired by stories of the Santa Ana $5,000 0 A series of paintings, wheat pastes, and mini documentaries on local female 15 56.5 Bri ana Ne rette artists in Santa Ana $5,000 0 "Softer Side of Sarah" collection runway 16 55.8 Sarah Strader show $5,0001 0 Revisit sites in Santa Ana and juxtapose 17 54.8 Antonio Prieto the early days to what it is today. 5'000 0 Videos that highlight issues currently affecting the Hispanic community in 18 53.6 Karina Ruth Cunningham Santa Ana $5,000 0 9-3m 25J -8 ACC Funding Recommended Rank Score Applicant Project Requested Funding Interview and collect stories of Santa Ana residents about the mental health experiences of themselves and others, and place these stories onto a website to present 19 53.6 Bonnie Jo Masse back to the community $5,000 0 Publication of my book that promotes reading poems with messages and values in the bilingual community of 20 50.4 Estrella De La Nube Barzallo Santa Ana $5,000 0 Nurturing the development of all original 21 49.6 Alen Hansen music with local artists $5,000 0 Giant inflatable paint brush art sculpture 22 46.0 Roger Reyes displayed in temporary Pop-Up fashion. $5,000 0 23 43.6 James Johnson Mural $5,000 0 Photography and hand lettering/ 24 1 43.6 1 Dino Perez typography series based on the city $5,000 0 Madeleine Spencer & 25 42.4 Annabella Pritchard Panamanian Art Exchange Project $5,000 0 To show case that Santa Ana has 26 31.4 Kevin Brito talented Artist and Entertainment $5,000 0 Strengthen Santa Ana's Marketing with 27 29.6 Pierre Es ino evervonexist.com $5,000 0 Not 28 Rated Miguel Evans Incomplete A $5,000 0 25J -8 Organization Ranking & Description "4359 Name of Applicant: Amount Requested: Category: Score: Centro Cultural de Mexico $10,000 Organization 87.5 —1s` Place Brief Description of Project: This grant would support Noche de Altares, Santa Ana's Dia de Muertos event and the largest Day of the Dead celebration in Orange County. Our objective is to engage the community and multiple community partners in meaningful and healthy arts experiences that are organized by our community artists over several months culminating in a one - day outdoor celebration. Noche de Altares is Santa Ana's way of bringing together tradition, community organizations, families, students, and businesses. The celebration intends to build a deeper sense of community, build cross - cultural understandings, and provide the community with free educational, historic, and cultural education. Community Benefit: There is no other non - commercial, community -based festival that reaches the number of Santa Ana residents and community artists as Noche de Altares. At least 40,000 people have the opportunity to participate, organize, and engage in Noche de Altares. Over 100 community -based artists -- including students, families, and community organizations -- participate in art making through the creation of an altar, flower- making, sugar skull painting, and other forms of cultural production. This intra - cultural community celebration targets families from Santa Ana and engages diverse residents from throughout Orange County. Survey results from 2012 for our celebrations, showed that although 55% of those interviewed participated in three or fewer arts activities outside the home annually, 92% indicated a desire to find out more information about local arts activities. This data shows a clear gap in services around art activities. Celebrations such as Noche de Altares demonstrate a quantifiable increase in access to culturally relevant education. Furthermore, participants and volunteers also learn certain applied skills important to cultural industries such as sound, design, and participatory action research. In addition, a number of nonprofit organizations use the event to exhibit their work and fundraise for their own projects. 25J -10 Name of Applicant: Amount Requested: Category: Score: Downtown Inc. $10,000 Organization 87.0 -2nd Place Brief Description of Project: Since 1999, the "First Saturday" Artwalk in Downtown Santa Ana has been an epicenter of creativity, expression and inspiration for artists, art enthusiasts and those who simply want to engage in a vibrant, living city filled with culture. The event is the single best night of the month for Santa Ana artists, galleries and restaurants alike because of the 4,000+ monthly attendees visiting around 20 galleries /museums, arts and artisan street vendors, live art performances and special events going on downtown. Currently, Downtown Inc. holds the special event permit and covers insurance for the event, books the art vendors, live art and music on the Artists Village Promenade, hires a videographer and photographer to document it, shares the event on social media and prints a downtown -wide event map each month. We have also helped coordinate with local artists and institutions like Santa Ana Unified School District and Santa Ana College who want to plug into Artwalk, or a specific business /gallery on Artwalk. However, it's important to note that the main engine behind Artwalk is the "unwritten" pact of dozens of special events and arts openings happening on the first Saturday of the month. That being said Downtown Inc. is Artwalk's primary facilitator and we view First Saturday Artwalk as a critical arts and culture engine for downtown that we support with approximately $15- 20,000 or 15 -20% of our annual budget, plus additional resources we've leveraged including the City of Santa Ana arts grant we received last year. Community Benefit: Artwalk is Santa Ana's monthly celebration of our shared, organic arts and culture scene. It's a chance for the arts community, arts institutions and creatives to encounter local families, visiting artists, art buyers and spectators. We believe Artwalk contributes to downtown being recognized as one of the top places for artists and creatives to work and visit in Orange County. Despite the presence of great artwalks in Laguna Beach, Huntington Beach and Fullerton -- Downtown Santa Ana's First Saturday Artwalk consistently wins "Best Artwalk" by OC Weekly editors and readers' choice. Lastly, our ability to hire and showcase local artists at Artwalk leads to real tangible opportunities for artists to further their craft and stay in Santa Ana to thrive. We would not be able to have made all this happen without the support of the City of Santa Ana's Investing in the Artist Grant. 25J -11 Name of Applicant: Amount Requested: Category: Score: Delhi $10,000 Organization 82.0 -3`d Place Brief Description of Project: The Delhi Summer Enrichment Camp is a two - pronged approach designed to provide age appropriate visual and performing arts activities to youth ages 6 to 15 as well as teens and young adults, ages 16 to 21. The goal is to provide challenging enrichment activities for both age groups that will help them identify with specific art forms while providing older participants with job skills development to help them learn about careers in the arts. The Camp will feature a comprehensive menu that participants can choose from on a rotational basis, including visual and performing arts, media arts, video production, costume and set design, interview techniques, story - telling, and other opportunities that will help participants improve their self- image, develop critical and creative skills, and earn respect. Older participants will act as assistant instructors and coaches and they will explore creative ways to build skills and to learn how those skills can generate pathways to higher education, career exploration, and long -term passion for the arts. All participants will collaborate on designing and developing a multi -media production about their experiences at camp and about the history of the Delhi neighborhood that will be presented at various venues, including the Delhi Neighborhood Day and the Zocalo fundraiser. Participants will also develop approximately 10 talent show pieces and will work as a team to select one to two entries for the citywide talent show. Community Benefit: The proposed project will enrich the Santa Ana arts and culture community by engaging young people in the arts, by providing them with a menu of arts classes on a rotating basis to give them maximum exposure to visual and performing arts to help them "find their niche" and to help them develop a long -term passion and commitment to the arts. The project will also serve as a vehicle to celebrate and share the rich history and culture of the Delhi community through the arts. 25J -12 Name of Applicant: Amount Requested: Category: Score: OCCTAC $10,000 Organization 80.0 -0 Place Brief Description of Project: Orange County Children's Therapeutic Arts Center (OCCTAC) proposes to host a Summer Intensive Music Camp for Santa Ana youth as a means of educating the community of the value of classical music. The camp will also feature a Guest Composer from Latin America and professional musicians from Chamber Music OC that will teach, mentor and inspire our youth! Community Benefit: This project will educate and enrich our Santa Ana students and their families about the beauty and richness of Chamber and Orchestral Music. Also, it will enrich the Santa Ana arts and culture community by bringing together professional musicians to perform in Santa Ana with our student population. 25J -13 Artist Ranking & Description 25J -14 Name of Applicant: Amount Requested: Category: Score: Omar Avalos $5,000 Artist 87.0 —1" Place Brief Description of Project: This is a proposal for the establishment of a new seasonal winter or summer community chamber orchestra, to be offered to Santa Ana musicians free of charge, to be called the Santa Ana Camerata, tentatively. This ensemble will perform, especially but not exclusively, Mexican and Latin - American "art," or, "classical," music for orchestra and or chamber ensembles. The ultimate size of the ensemble will depend on the amount of musicians taking part in it. The project includes a culminating concert to be shared with the public, free of the price of admission into Phillips Hall Theater at Santa Ana College. This proposal asks for the use of City of Santa Ana Public Space, specifically the use of a room for rehearsals at the Corbin Center, and if music stands are required, the stands will become property of the City of Santa Ana, purchased with Santa Ana grant money. Community Benefit: The project is intended to provide a supplemental, educational experience through music repertory alternative to what's taught at Santa Ana schools and Santa Ana College, for the benefit of Santa Ana youth and the larger community. The project is designed to invite Santa Ana Unified School District musicians, those referred by their music directors, to perform with Santa Ana College musicians, but all musicians are welcome to participate, provided they have a musical background in orchestral band, string orchestra, or symphony orchestra performance. The intended repertory for the project is part of a larger cultural patrimony that is very relevant to the Santa Ana community. The repertory also serves as an educational tool, to edify all people of Santa Ana, regardless of ethnicities, in addition to new coming people to Santa Ana, about the sophistication of the cultural patrimony of their neighbors of Mexican and Latin - American descent. Truly, for the City to aide in this project would be reflective of its cultural sophistication. Mexican and Latino - Americans excel in art music, as is evidenced by the examples of Gustavo Dudamel, who conducts the Los Angeles Philharmonic, Sonia Marie De Leon, who conducts the St. Cecilia Orchestra in Los Angeles, and Alondra de la Parra, who founded the Philharmonic Orchestra of the Americas in New York City. Their examples are coupled with the examples of many composers throughout history, like the ones listed in this project's proposed repertory. 25J -15 Name of Applicant: Amount Requested: Category: Score: Omar Avalos $5,000 Artist 86.6 -2nd Place Brief Description of Project: A free playwriting and theatre - making workshop series in the city of Santa Ana. To be held June 2016 through June 2017. A three -part workshop series: each series host up to ten workshops. The series will be held at CSUF Grand Central Arts Center (where I am an artist -in- residence) and other local Santa Ana arts and non -art- making organizations and businesses. The series is primarily focused on playwriting but not limited to. The series will look to include workshops on acting, producing and other aspects of theater - making and to host these opportunities in both English and Spanish. Participant will be given tools on how to strengthen their innate story- telling abilities through the use of playwriting, acting and producing. It will cover basic elements of dramatic writing, fundamentals of playwriting, discussion and reading of work of contemporary playwrights, revising writing and theatre exercises all taught by professional playwrights and theatre artists associated with Breath of Fire Latina Theater Ensemble. Series is process based and no experience necessary. Each session will culminate in a supportive free public reading of pieces generated by participants. At the end each session we will culminate in a free public reading of the writings generated by the participants to be presented for free and accessible to the public. The process will be supported by professional theatre artists. Readers will be a blend of professional, local and community actors and directors. Community Benefit: 1. Participants leave program with an introductory playwriting and theatre making tools taught by professional theatre makers and playwrights working in American Theatre locally and nationally 2. Participants will see themselves as creative story- tellers / playwrights 3. Participants will have participated in constructive and devising discussions regarding their work and others 4. Participants will have engaged and participated in collaborative rehearsal process to prepare for their public reading 5. Participants will share their new work read aloud with their audience of families, friends, supporters at a free public reading 6. Participants stories will be reflective of themselves and of their community 7. Participants will be exposed to the many intricate aspects of Santa Ana with the series hosted at various Santa Ana organizations and locations associated with the project. 8. Participants will leave with an introspective understanding of story- telling, a relationship to theatre and to community building 9. The desire for live theatre and theatre - making opportunities has a home in the Santa Ana Community 10. This project and process reaffirms the support of programming for arts and culture in the community and validates that Santa Ana is a community of thriving, emerging and soon to be arts and artists 25J -16 Name of Applicant: Amount Requested: Category: Score: Sarah Garcia $5,000 Artist 79.6 -3`d Place Brief Description of Project: The LibroMobile will not only be mobile but also an engaging marketing tool to build community and promote literacy. It will reside at GCAC and travel throughout Santa Ana visiting a variety of communities, including Calle Cuatro. The LibroMobile Project intends to offer affordable books by writers of color, bilingual and Spanish books for children, youth, and adults, as well as books that speak to culture and social justice issues relevant to the local community. Stocked items will include approximately 200 books ranging from handmade zines to popular titles, to small press bilingual publications, a community board to post local resources and a traveling Little Free Library—this will serve as a book exchange. When someone wants to borrow a book instead of purchasing their own copy, they will provide another book for someone else to read for free. LibroMobile's creative writing workshops and literary events will guide Santa Ana residents of all ages to read, write, revise, polish and submit their own work for possible publications and also bring award - winning writers of color for live readings and book signings. Simultaneously with the mentorship of a local art center and new business, the LibroMobile Project will also serve as an entrepreneurial incubator for a community -based bookstore in Santa Ana. Community Benefit: LibroMobile is designed to bring diverse literature and literary presentations to Santa Ana. One goal is to conduct community -based writing workshops, readings and visual exhibits, free of professional charge, to underrepresented residents interested, including youth of color and Spanish speaking, low- income populations at the two hosting locations. 25J -17 Name of Applicant: Amount Requested: Category: Score: Priscila Hernandez $5,000 Artist 79.0 -4`h Place Brief Description of Project: 2 Free Community Art & Culture Events in Santa Ana Annual International Artist's Day Festival, Annual International Woman's Day Festival Community Benefit: "With the support of the Investing in the Artist Grant Opportunity, these two events can be grand in our city's activities, as well as serving the community in many practical ways, individually and socially. Sharing much art and culture thru workshops, art and music." "This festival has given the people of Santa Ana a sense of community, as we see more and more people interested in participating." "International woman's Day Festival is a rich expression of culture, creativity, knowledge, and community engagement." "We want to give the community an event in which they can interact with active artists and learn artistic skills that aren't typically unavailable to them. This event aims to expand that creative mind, be a valuable source of information for young artists who are curious about different artistic opportunities." 25J -18 Name of Applicant: Amount Requested: Category: Score: Federico Medina $5,000 Artist 76.2 Brief Description of Project: My proposed project is a social documentary of Santa Ana titled: Life and Culture in the Golden City presented in photography. The goal is to document all aspects of life and culture in Santa Ana. The core topics I plan document via photographs are the following: historic architecture, murals, locations, and residents of Santa Ana to show the diversity of the city as well as living conditions in the variety of neighborhoods. I will incorporate both indoor and outdoor street photography during the day and night to photograph locations that have become iconic in Santa Ana. These locations will vary from places of worship, parks, stores, restaurants, cultural based places of gathering, artist/ musician/ culinary districts (i.e. Downtown Santa Ana). I will document the current socioeconomic state of the city. I feel that once the project is advancing, it will open other aspects of the city that will be documented/ photographed. We live in a time where life and our environment is advancing and transforming at a accelerated rate and I will create a "time- capsule" in the form of photography of the modern /present time (2016- 2017) that we are living in Santa Ana. The final presentation of the proposed social documentary will be presented at the Bowers Museum /John M. Lee Court wing, which has already agreed to be the host of the project with the support of Emily Mahon the Senior Director of Education of Bowers Museum (contact information is in the Letter of Support). The final presentation will include a lecture and slideshow/ video of the experience in documenting and photographing Santa Ana, as well as musical performances of select local artists. The Social Documentary will be a Celebration of Santa Ana located at Bowers Museum. Community Benefit: Inspiration can come in many different forms when put in front of the viewer and this project will present the featured elements from our city in the proposed exhibit. My goal is to inspire others to participate in the growing arts and culture of Santa Ana. I want the viewer to experience the exhibit and know that they too can contribute to any aspect that it presented in the photography. Being born and raised in Santa Ana I know first -hand that some residents choose to not venture out of their neighborhood or comfort zone. Exploring your local surroundings is a crucial part of knowing yourself and the city you call home. An exhibit of this scale, presented at Bowers Museum, Santa Ana's most prestigious museum, will help give the viewer an uplifting sense of honor in themselves and the city they live in. 25J -19 Name of Applicant: Amount Requested: Category: Score: Victor Cruz $5,000 Artist 75.0 Brief Description of Project: A series of four large -scale woodcuts focusing on the work ethic of immigrant elders. Prints of the works will be created and installed all over Santa Ana in various small venues including moving /shipping trucks making this a moving exhibit. A website will be developed for this project containing subject stories so that the viewer can be better educated about the subject's labor. This would bring subject and viewer closer together promoting a sense of pride and community. Community Benefit: Having the subjects' stories and work processes online will bring viewer and subject closer together and will provide a stronger sense of culture and community. Knowing how laborious it is for many of these workers to sell their goods brings a sense of appreciation and enrichment for the viewer. This new project will be able to expand in the future within Santa Ana and various cities. With some installations being on trucks the exhibit will reach many cities. Being part of several organizations has allowed me to work and travel to diverse communities in California, Arizona, and Florida. Studying in New York and living and mentoring in the Bronx and Brooklyn has broadened my sense of community. My end goal is to highlight the unwavering immigrant work ethic of many cultures across the United States that inspire and enrich current and future generations. This grant would be a great step towards a diverse and beautiful American mosaic. 25J -20 NOTE: Same agreement will be used for each individual artist /organization for the Arts and Culture Artist Grant Program 2016 -2017. ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND This Artist Grant Agreement ("Agreement ") made and entered this day of 2016, by and between the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "), and Individual Artist/Oroanization Name ( "Grantee ") and, collectively with City, the "Parties ", is for the purpose of providing grant funding pursuant to the Arts and Culture Artist Grant Program. RECITALS: A. On February 2, 2016, the City Council authorized the release of the "Investing In the Artist Grant Opportunity Application," finding that it serves a legitimate public purpose to enrich and invigorate the Santa Ana arts and culture landscape. B. On June 16, 2016, the Arts and Culture Commission reviewed all applicants and recommended that Grantee be awarded an artist grant based on its Application for Its artwork ( "Project ") attached hereto and incorporated herein as Exhibit A. C. On July 5, 2016, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. D. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that any Project created or performed hereunder will be created or performed in compliance with such standards as may reasonably be expected from an artist. 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. Term. This Agreement shall be effective upon signature by both Parties and shall expire one year from the date first written above, unless terminated earlier in accordance with this Agreement. 2. Fundino. 2.1. Subject to provide funding, not to exceed "Grant "). Grantee's performance of all required actions under this Agreement, City shall in one or more disbursements, as reasonably determined by City, of an amount Thousand Dollars ($ ) ( "Grant Amount" or 2.2. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after each disbursement. 2.3. City represents that there is no correlation or connection between Its selection of institutions for grant awards and an institution's business relationship or potential business relationship with City. 29J'I2 1 3. Grant Activities. Grantee agrees 3.1. To perform the activities described in the Grant Application and Timeline submitted to City for consideration dated , a copy of which is attached as Exhibit A and incorporated into this Agreement as if set out in full. 3.2. To submit all reports (each, a "Report "), which shall include, at a minimum, the items set forth as required by the Application. No personally identifiable information shall be included in any of the Reports, except where specifically requested. The Reports shall be in a format that is reasonably acceptable to City. City may request additional information as City, in its sole discretion, determines is necessary to monitor performance of this Agreement. City shall have the right to use any Reports submitted by Grantee, or any portion thereof, for any reason. 3.3. To facilitate site visits, conference calls and audits of Grantee, as reasonably requested by City. 3.4. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a well - maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all times. All equipment associated with the installation of the artwork, trash and debris shall be removed and cleaned up on a daily basis. Grantee shall place a drop cloth or similar barrier on the ground below the artwork while installation is underway, which barrier shall be removed each day upon completion of an installation session. 3.5. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. 3.6. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity. 4. Termination. 4.1. City may immediately terminate this Agreement upon one or more of the following: 4.1.1. Grantee's violation of any federal, state or local law or regulation. 4.1.2. Grantee's breach of any of the terms or conditions of this Agreement, including the Application and Timeline, or any unapproved deviation from said documents which has not been cured within 30 days of written notice of such breach. 4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee agrees to refund to City any or all grant funds awarded under this Agreement. 5. Limitation of Liability. 5.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES COVERED HEREUNDER 25J -22 5.2. Section 5 and Section 6 do not limit Grantee's rights, including its ability to seek recovery, against anyone other than City, its directors, officers, employees, agents, successors and assigns. 6. Indemnification. 6.1. Grantee shall defend, indemnify, protect and hold harmless the City, or its elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for whom Grantee is legally responsible in connection with the execution of the work covered by this Agreement. Grantee shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the City subsequent to declaration by the Grantee. Grantee's obligations shall survive the termination of this Agreement. 6.2. Grantee agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims "), which are or may be related to or in any way connected with the negligence or willful misconduct of its officers, officials, employees, or agents in connection with the creation, painting, performance or installation of the Project hereunder. 6.3. Grantee further agrees that City may in good faith and on reasonable terms settle any such claims and that City's right to indemnification shall extend to any such settlement, provided City has given notice of such claim and its intent to settle. City's right to indemnification Is in addition to, and may be exercised independently of, any remedy held by City under this Agreement, at law or in equity. The indemnity provision set forth in this Agreement shall survive the termination or expiration of this Agreement indefinitely. 7. General Provisions. 7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo in association with its Project. 7.2. If any parts of this Agreement are held to be invalid or unenforceable, the remaining parts of the Agreement shall continue to be valid and enforceable. 7.3. This Agreement shall be construed and the rights and obligations of the Parties shall be determined in accordance with the laws of the State of California, with venue of any action arising out of this Agreement in Orange County, California. 7.4. Grantee shall comply with all governmental requirements which may now or in the future become applicable to its activities under this Agreement. 7.5. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to Its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 25J -23 7.6. No waiver by either party or any breach, default, or series of breaches or defaults, and no failure, refusal, or neglect of either party to exercise any right, power, or option given to It under this Agreement or to insist upon strict compliance with the terms of this Agreement shall constitute a waiver of these provisions with respect to any subsequent breach or waiver by either party or its right at any time thereafter to require exact and strict compliance with provisions of this Agreement. 7.7. Any notice or other communication required or permitted to be made or given by either party pursuant to this Agreement will be in writing and will be deemed to have been duly given: (i) five business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (ii) when transmitted if sent by facsimile, provided a confirmation of transmission is produced by the sending machine; or (iii) when delivered if delivered personally or sent by express courier service. All notices to City shall include a reference to the Project title. All notices will be sent to the other party at its address as set forth below or at such other address as such party will have specified in a notice given in accordance with this section: Grantee: City: City of Santa Ana Clerk of the Council (M -30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 FAX (714) 647 -6956 7.8. This Agreement is subject to all applicable local, State and Federal laws. 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. 7.9. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if applicable) and shall comply with all applicable federal, state and local laws and regulations. 25J -24 T 10. Any funds provided under this Agreement that are not expended, obligated or otherwise committed by the termination or expiration of this Agreement shall be immediately returned to City. 7.11. Grantee shall maintain all pertinent financial and accounting records pertaining to this Agreement in accordance with generally accepted accounting principles and other procedures reasonably specified by City. Upon termination or expiration of this Agreement or request by City, Grantee shall provide, at its expense, copies of all financial and accounting records produced by it arising out of this Agreement. 7.12. Grantee shall allow audits, compliance or special reviews and Inspections, including on- site inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated by City, or their authorized representatives. Grantee shall provide Its full cooperation for any such audit, review or inspection, including providing timely access, for examination and copying of records (including computerized records) pertinent books, documents, papers, computer programs and records and reasonable access to its personnel. 7.13. Grantee grants to City a non - exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works for the Project conceived, performed or created as a result of this Agreement. 7.14. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.15. Neither party shall assign any rights or obligations under this Agreement. 7.16. Each party 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. 7.17. Each party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties Involved warrant and represent that, prior to executing this Agreement, each party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each party. 7.18. This Agreement represents the entire agreement and understanding between the parties, and supersedes any and all prior agreements and understandings between the parties, whether oral or written. 7.19. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 5 25J -25 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 nt City Attorney RECOMMENDED FOR APPROVAL: Robert C. Cortez Special Assistant to the City Manager City Manager's Office CITY OF SANTA ANA David Cavazos City Manager X1 .0r,1 X111= Name: Title: 25J -26 EXHIBIT A ARTS AND CULTURE ARTIST GRANT PROGRAM APPLICATION 25J -27 25J -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: AGREEMENT WITH USA FLEET SOLUTIONS FOR GPS FLEET TRACKING AND ENGINE DIAGNOSTIC UNIT MONITORING SERVICES {STRATEGIC PLAN NO. 6,2) CLERK OF COUNCIL USE ONLY: UIT5.10OWark C] As Recommended As Amended 0 Ordinance on1 "Reading Ordinance on 20dReading Cll Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a three year agreement with USA Fleet Solutions to provide monthly monitoring services for 105 GPS fleet tracking and engine diagnostic units, for the period of July 1, 2016 through June 30, 2019, in an amount not to exceed $152,265, with an option of two one -year renewals, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency Facilities, Fleet Maintenance, and Central Stores Division (FFCS) provides maintenance and repair services for approximately 500 City vehicles. To assist in the overall fleet maintenance and performance, FFCS has purchased 105 engine monitoring and diagnostic vehicle units from USA Fleet Solutions. These monitoring units are installed in vehicles assigned to Public Works & Parks Maintenance, Recreation & senior citizen excursions and Jail Transport programs. The units provide valuable diagnostic and tracking data to help service the fleet utilizing a proactive methodology. Examples of this service includes odometer tracking, check engine light diagnosis, vehicle location and route tracking. This information helps FFCS staff to quickly identify engine repair needs and identify poor driving habits, which when identified early can reduce fuel consumption and reduce emission of dangerous greenhouse gases. Additionally, this information can assist the operating department to locate the vehicle during youth excursions and maintenance emergencies. USA Fleet Solutions has provided this service since May 2013 when the units were first purchased. Approval of this agreement will provide continuity of this program under the specific terms and conditions of this agreement at an annual cost not to exceed $50,755 (Exhibit 1). 25K -1 Agreement with USA Fleet Solutions July 5, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure, Objective #2, (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds for this agreement will be budgeted as follows Base contract FY 2016 -17 $50,755 Account no. 07510100 62300 Fleet Contract Svcs FY 2017 -18 $50,755 Account no. 07510100 62300 Fleet Contract Svcs FY 2018 -19 $50,755 Account no. 07510100 62300 Fleet Contract Svcs Option Years FY 2019 -20 $50,755 Account no. 07510100 62300 Fleet Contract Svcs FY 2020 -21 $50,755 Account no. 07510100 62300 Fleet Contract Svcs APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Oo �J Executive Director Finance and Management Services Agency Exhibit: 1. Agreement with USA Fleet Solutions 25K -2 Fleet Solutions GPS Agreement This is an agreement ( "Agreement ") between Fleet Solutions LLC anti the entity identified on the signature page cf this Agreement, herein referred to as "Customer." Fleet Solutions LLC will provide Customer with the items and Services described herein, under the terms and prices set forth in this Agreement. From time to time, Fleet Solutions LLC may make additional Items and Services available to Customer under this agreement by providing written notice to Customer. Terms and Conditions 1. ITEMS AND SERVICES. We (hereinafter "we," "out" or "Fleet Solutions LLC ") will provide Items (hereinafter "GPS ", "Equipment" or "Device(s) ") and Services which will enable you (hereinafter "yoti" "your' or "Customer") to: (a) collect diagnostic and locational information from a motor vehicle using a wireless Internet device that is installed in that vehicle; (b) analyze, deliver and post the information to the vehicle owner's web page within the user web site and (c) notify the vehicle owner and a designated third party by e -n ii of certain events or information (hereinafter nh3r"F -; to as "Service "). The Items and Services are designed to provide Fleet Customers with a broad sot o a..trm diagnostic data and data derived from locational information. What We Provide. During the Term and so long as you comply with the terms set forth In this Agreement (and our other then-current, applicable policies that may change from time to time), we will sell you the Equipment. grant you a non - exclusive, non - transferable right to use in the United States only the Items and Services under our then. cunent. applicable policies in accordance with the terms set forth herein. The obligation concerning the provision of service is to provide non - exclusive use of the network on an as available shared basis. Customer is aware that service disruptions can occur due to storm damage or other acts of God, coverage area, or availability of airtime. These risks were taken into account by Customer before entering into this Agreement. You also agree to the following: 2, SCOPE OF SUPPORT SERVICES. Conditioned upon timely payment of the applicable Support Service Fee set forth herein and while you are not otherwise in default under this Agreement, Fleet Solutions LLC or its designee will provide the Support Services described herein. We will provide to you, reasonable amounts of consultation and technical assistance during our regular working hours. We will assist you to diagnose the problem with the kr:ms C� Services. We will, on a best - efforts basis, correct errors or malfunctions described in the operating macaw as P, - as practicable after notification of such error or malfunction. If the Equipmont is diagnosed as the warranty period, we will repair or replace non - functioning rnmponents. Support Services provided by us u,-dc" bh Agreement do not include repair, replacement or correction of any Equipment damage or malfunctions caused by: Accident, negligence, theft, vandalism, operator error or misuse, failure of the Equipment site to conform to specifications, improper installation for equipment installed by you.. failure of or surges in electrical power, air conditioning or humidity control, abnormal conditions, acts of God (including lightning) or cause other than normal use Modifications, attachments, repairs or unauthorized parts replacements performed by you, the Customer. or any third party not authorized by Fleet Solutions LLC or the failure of a vehicle to be in good working condition,. Fleet Solutions LLC is dedicated to providing the highest quality products in the most efficient manner and at the lowest costs. Market demands, technology innovation, and third party supplier issues may require Fleet Solutions LLC to periodically discontinue specific products, including related support. Services for an end -of -life product will continue to be available up to the end -of- support date. Formal notification may be made to all customers of record advising 'them of the end -of- support dates. In the event Customer requests Fleet SOIUtIons LLC to correct a te-.chnlcai difficulty and the problem is found to be with the Customer's own equipment and or exceeds the manufacturcr's warranty or is malfuectionmfl du ^_- to physical damage, Customer agrees to pay Fleet Solutions LLC its customary Charge for ail technical time erpcnded. All charges for repairs and technical adjustments are at all times the Customer's responsibility and Customer agrees to pay Fleet Solutions LLC for all such services it performs for Customer at_ as current rates. 3. PEES & PAYMENT. During the Term. you agree to pay us the applicable fees sct forth in Attachment � Wlie "Fees" ). All other Fees will be invoiced to you upon shipment of the applicable Items or provision or the applicable Services. Unless otherwise set forth in Attachment A, monthly service fees will begin at unit activation. All mon11-4y service fees will be billed monthly in advance. Invoices are due on receipt. You most pay all amounts without offset. The total annual sum to be expended by Customer under this Agreement shall not exceed $50,755. 4. Tc ivl AND TERMINA`:C , The initial .erm ofthis Agreement begins On July 6, 2016 and continues through July 5, 2019, unless terminated earlier as provided herein (the "Initial Term "). Thereafter, the Term may be extended for two (2) additional one -year periods upon a writing executed by Customer's City Manager and City Attorney (each a "Renewal Term "). The Initial Term and Renewal Term are collectively referred to as ' erm Eitner party ••-,rr- terminate this Agreement at any time during the Initial Term or Renewal Torm with or without cause by giving saiy (AS days prior written notice to the other party. Customer's option to terminate this Agreement for any reason upon (30l days advance written notice must be accompanied by payment In full for. (a) all amounts due for services pursuant to the term of this Agreement, Crib) an early termination fee as stated in Attachment A per unit deactivated prior to the term of this agreement, and (c) all other services rendered by Company, unpaid, at time of notice. R=_visetl CPS Ayreamrnl 10/1412013 EXHIBIT 1 25K -3 5. Limited Warranty. Fleet Solutions LLC provides a lk too wr ran , t to : erlod F.s li; c„ 7 Ait,,. ,,, A for equipment purchased new, following the acovatlon of equipment of Pipet C�stomor (the "Wan'anty Period';. Equ]pmentwill not have defects in material and worl<menship and during the Term: (a) Licensed Nalterwil be. able to perform the data processing functions described in the applicable operating manuals: and (b) Services will be provide,' In a workmanlike manner. You may only make claims under this limited warranty during the Term by promptly notifying us after you learn cf the facts srppoiiing the claim. We will either repair or replace the non - complying Item or re- perform the Services; THESE ARE OUR ONLY OBLIGATIONS AND YOUR ONLY REMEDY FOR BP,EACH OF WARRANTY. We do not provide warranties on items acquired from ethers, even if acquired with our assistance.. Tne limited warranties contained In this Section are void if you default, Unless otherwise agreed in writing, downtime is not a breach of this Agreement by us and will not entitle you to any refund, or credits. Fleet Solutions will not be liable for consequential, special, Indirect or incidental damages, including lost profits or lost data, even if that party Is tole those damages may occur. We ere not responsible for (a) delays In delivery, Installation or providing the service.. no matter who caused the delay; (b) anything outside our reasonable control ar resulting from your breach; or (c) the operation of items if any item acquired from a third party is used with the items. You acknowledge that the CPS device is a wireless device and that the service provider cannot collect data from the GPS device once it travels beycncl a ce "at^ range. The items and services are dependent on the coverage areas of Wreless net•,vor ks owned and openaed by ;r .. parties. Coverage areas are approximate and do not cover significant portions of North America artual covarac,e operation of the products depends on system availability and capacity, system and equipment upgrades, repa m-, maintenance, modifications, relocation, terrain, signal strength, structural conditions. vreather and atmosolerc conditions, governmental regulations, and other, acts of God, and other conditlons beyond Fleet Solutions reasoeable. control. The items may not operate in enclosed space, in building, between buildings, underground, or in canyons. The items and services are dependent upon the availability blithe Internet, which is owned and operated by and accessed + "•:•;'r "ird pctc,. Fleet Solutions LLC does not warrant that the receipt of data, mapping information, and other xc'ar•'::'r_m :: -.a 3PS device will bo c:.i-:erc:pted, or that the transmission of data, mapping information, and other content will always be timely or complete. You acknowledge that neither the device nor the service shall prevent andor detect all vehicle problems or guarantee that a customer vehicle will not break: clown or guarantee that customers will not incur vehicle repair bills. You acknowledge that the device should not be used in lieu of a vehicle warranty o" standard vehicle maintenance. You acknowledge that the device does not detect failures in infornally lubrlealad pad= and systems not monitored by your vehicle's computer. You acknowledge that'd the Incation -based data cr rcratlo:- based services are used to attempt to locate a vehicle (e.g. a stolen vehicle), Fleet Solutions LLC does not guarantee that the vehicle will be successfully located and/or recovered. !n the event the device or the service is not acfi�say available or is not functioning properly, we shall have the not to refuse to provide a replacement device or serv'c.e. While we endeavor to provide the most accurate, up -to -date data available, data we collectfrom the device in ila]' -od 'r a vehicle may, at times, contain technical Inaccuracies or errors, and may be changed or updated w;thout notice_ sx,.n..± as expressly set forth herein, the device and the service are provided by us on an "as -is" basis to the full extent permissible by applicable law, we disclaim all representations and warranties of any Kind, express orlmplied, including, but not limited to, implied warranties of noninfringement merchantability and fitness for a particular purpose, as to the device and the service, and the data (including its accuracy and availability), services or materials included or offered as part of the service. You assume the entire risk in downloading or otherwise accessing any data, information, files or other materials obtained from the website or through the system. 6. PERSONAL IDENTIFICATION NUMBERS (PIN). PASSWORDS, AND SECRET QUES70NS. A ?N. password or'secret question' may be required to access the Licensed :vlatter arc] location -based data. "ou can chacce these at anytime by contacting Fleet Solutions LLC or by accessing the webslle, t=enure to probe[ your Pith, passv:orci or secret question, or improper use of the same, may result in termination of the service. You acknowledge that you accept full responsibility for the use and protection of your PIN, password, or secret question, and that Fleet Solutions LLC is not responsible if an unauthorized part' uses these in any way. You also co,,nsenl that vendor-., worl<]nr wllr Fleet Solutions (e.g., those providing roadside assistance) may use your PAI, password, or secret question. and accc; ! full respercibility for any services performed or data that may be accessed resulting from using these constructs. 7. DATA mC„cSS. You represent and warr,tnt that you have all rights and authority with respect to the Customer information ( "Business Data ") required to grant the rights and approvals set forth in this paragraph and that you approve and grant to us the nonexclusive, nonterminable license and right to collect, access, and use information from you, the Customer, their vehicle, and the Information arrangement system, and to access, copy, or use the Business Data in the course of providing the items and performing the services to which you or the Customer have consented, limited to our performance of the following activities: (1) to provide the Items and Services to you and the Customer: (ii) to perform software support services, and other services on your behalf and have third party provider do the same, such as for roadside assistance or recovery of a stolen vehicle; (iii) to compile and aggregate statistical data to analyze, measure, and optimize the performance of our products and services for you, Fleet Customers and other Internal purposes of Fleet Solutions LLC; and (tv) to compile and aggregate statistical data, including comb n!ru Business Data with data from other Customers and sources, forpurposes of developing data products for sale. and distribution to third parties, subjeot to the limitation that wa wf use such data solely to create e1a +y5ai- aggregated or derivative form in databases and compilations [list do not permit identification of YOU, ''=locl Gu;tor--ers- Rev zin c?S Agremmenl 1011412013 25K -4 employees, or individuals. WITH PRIOR NOTICE TO CUSTOMER, WE WILL ONLY DISCLOSE PERSONALLY IDENTIFIABLE DATA TO THIRD PARTIES TO PROVIDE SERVICES DESCRIBED IN THIS AGREEMENT AfD WHEN REASONABLY NECESSARY, IN OUR SOLE DETERMINATION, TO: (i) enforce the Agreement: (ii) defer; against legal claims; (iii) protect the rights, property and safety of Fleet Solutions LLC, its customers, or others: respond to court order, subpoena or other legal requirement; or (v) notify law enforcement authorities of any act'vitics that we believe to be unlawful. 8. WEBSITE MAINTENANCE. In an effort to ensure a responsive and efficient server platform for its customer base, Web Site provider reserves the right to perform scheduled maintenance between the hours of 10:00 p.m. to 3:00 a.m. Pacific Time. This may include database maintenance as well as general site maintenance and may or may not involve application and web services unavailability. 9. DEFAULT. In the event that Company shall find it necessary to retain an attorney and/or a collection agenc; to pursue the recovery of Monies due, Company shall be entitled to reasonable attorney's fee and reasonable noss c,f collection, whether by trial, arbitration or settlement, and the costs of suit. 10. 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 Customer: Fleet Solutions LLC: City of Santa Ana 169 Cadillac Place 20 Civic Center Plaza Reno, Nevada 89509 P.O. Box 1988 Toll Free 855 - 471 -4771 Santa Ana, CA 92701 'By Name: David Cavazos Name: Title: City Manager Title: .Date Attest By: Name: Maria D. Huizar Title: Clerk of the Council Recommended for Approval By: Name: Francisco Gutierrez Date: Approved as By Name: ,;ohn M.'.. Fur Title: Assistant City Title: Executive Director, Finance and Management Services Agency "1 certify that I have read and understand the terms and conditions included to sign this Agreement. ReNUatl GPa Agreement 10/142013 25K -5 1 am authorizer Attachment A ees and Ter m Initial Term. The initial term of this Agreement begins on July 6. 2015 a .nlir _es through July 5, 2019, unless terminated earlier as provided herein. There8ft.er. `he T may bo e::Lended fcr two (2) additional one -year periods upon a writing executed by Rug ?orrar's City Manager and City Attorney. Section 2; Rates for repairs and technical adjustments on site during normal business hours S75 per hour with a one hour miniinu:n, 5115 per hour with a one hour minimum after hours and on weekends. Section 4; Fees: $27.95 per month per GPS hardware unit activated or installed tc. account. Section 4; Early Deactivation Fee: S 75.00 per GPS hardware Jnit. Section 5. Equipment Warranty Period: Lifetime Limited Replacement Warranty 5; Labor Warra,.,r Perind: First year Additional Terms: Equipment costs for 5500 series with' harness is $139. Signed By: Signed B Costome- _ui. SC Ins M1.il- semen: 1 w'11120 +5 ,. 25K -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED CONTRACT AWARD TO COURTESY ❑ As Recommended CHEVROLET CENTER FOR MID -SIZE ❑ Amended TRUCKS El O Or rdinance on Reading 2 n ❑ Ordinance on 2nd Reading {STRATEGIC PLAN NO. 6,21 ❑ Implementing Resolution ❑ Set Public Hearing For_ 1 &CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of purchase order to Courtesy Chevrolet Center for the purchase of two Colorado pickup trucks in an amount not to exceed $56,910, subject to non - substantive changes approved by the City Manager and City Attorney. In March 2016, the Finance and Management Services Agency, Facilities, Fleet Maintenance and Central Stores Division issued a Notice Inviting Bids for the purchase of mid -sized trucks. The award of a contract was approved on May 17, 2016. The Parks, Recreation and Community Services Agency is requesting to use the results from this bid process to purchase two mid -sized trucks for the park monitoring program. The Parks, Recreation and Community Services Agency plans to implement a park monitoring program for all our 52 park and joint -use park facilities, recreation buildings, and miles of bike trail system seven -days a week. This program will allow the City to become rapidly aware of the items in our facilities that need to be repaired due to wear and tear and vandalism. Additionally, this program will help the City be professionally responsive to the needs of the community. This effort will aid the City to become more efficient as well as enhance our ability to strengthen our communication with park users. Two small truck units will be used by the part -time staff to monitor our park system. STRATEGIC PLAN ALIGNMENT Approval of this item supports City's efforts to meet Strategic Plan Goal #6 - Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). 29A -1 Contract Award for Mid -Size Trucks July 5, 2016 Page 2 FISCAL IMPACT Funds in the amount of $56,910 have been encumbered from FY 2015 -2016 to be made available for this purpose in FY 2016 -17 under the Parks, Recreation and Community Services Agency, Machinery & Equipment account (no. 01113230 66400). L Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 29A -2 ih M 6 i CITY COUNCIL MEETING DATE: JULY 6, 2016 TITLE; CONDITIONAL USE PERMIT NO. 2016-20 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR AN- PREMISE CONSUMPTION AT EL TACO VELOZ LOCATED AT 1730 EAST SEVENTEENTH STREET, UNIT H - JUVENTINO GONZALEZ, APPLICANT (STRATEGIC PLAN NO. '3, 2) `1 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED El As Recommended C As Amended Ordinance on 1" Reading El Ordinance on 2 °a Reeding Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -20, Wukllollutlol*w At its regular meeting on June 13, 2016, by a vote of 6:0 (Mill absent), the Planning Commission adopted a resolution approving Conditional Use Permit (CUP) No. 2016 -20 which approved the sale of alcoholic beverages for on- premise consumption at an eating establishment, El Taco Veloz restaurant, at 1730 East Seventeenth Street, Unit H located In the Arterial Commercial (C- 5) zoning district. The Planning Commission made no changes to the recommended approval of the project (Exhibit A). I�5 , S ON ,luventino Gonzalez, representing El Taco Veloz restaurant, requested approval of a CUP to allow the on- premise consumption of beer and wine to patrons of the restaurant. Pursuant to Section 41- 196 of the SAMC, restaurants that wish to sell alcohol to patrons require approval of a CUP; however, the use of the property as a restaurant is permitted by right, The restaurant is a full service, sit -down eating establishment that Is approximately 1,500- square feet in size and holds approximately 66 seats, The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use, The hours of operation for the restaurant are from 9;00 a,m, to 9:30 p.m, daily. Alcohol storage and display areas, located near and Inside of the kitchen, will consist of less than five percent of the floor area, Full -sized site plans are available for public viewing In the Clerk of the Council Office, 31A-1 CUP No. 2016 -20 — El Taco Veloz Alcoholic Beverages, 1730 East Seventeenth Street, Unit M July 5, 2016 Page 2 STRATEGY; PLAN ALIGNMENT Approval of this item supports the laity's efforts to meet Goal #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). AL IIMPACT There is no fiscal impact associated with this action, r JA: rb &Ja9u1la6Pr0Jed M173D E 17" SWUF18 0 1730 917" ROO Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action �lll� 1= fik�TrTiia. TITLE: PUBLIC HEARING -- FILED BY JUVENTINO GONZALEZ FOR CONDITIONAL USE PERMIT NO. 2016-20 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT EL TACO VELOZ LOCATED AT 1730 EAST SEVENTEENTH STREET, UNIT H (STRATEGIC PLAN NO. 3,2) Prepared by Jessica Aguilar , �Exe ive Director -- ^ —�- r: r APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2016 -20. -. ,.,„ Planning Ma ager E Juventino Gonzales, representing El Taco Veloz restaurant, is requesting approval of a conditional use permit (CUP) to allow the on- premise sale of alcoholic beverages at a full- service eating establishment located at 1730 East Seventeenth Street, Unit H. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description El Taco Veloz restaurant currently operates within an existing 6.34 -acre, multi - tenant commercial center known as Superior Market Center that is located on the southeast corner of East Seventeenth and Mabury streets. The site is a neighborhood shopping center that contains eating establishments, retail stores, and offices. The Superior Market Center contains approximately 73,500 - square feet of tenant space, 13 tenant units, and was constructed in 1978. A total of 314 parking spaces are provided in a surface parking lot. The General Plan land use designation for the site is General Commercial (GC), which allows for commercial and office uses. General Commercial designation provides accessible commercial development along the City's arterials as well as support facilities and services, including offices, restaurants and various other services. The project is consistent with this General Plan land use designation. The site is located within the Arterial Commercial (C -5) zoning district. The C -5 zoning district allows for commercial and service uses such as retail markets, making the proposed use consistent with the zoning designation. The site is surrounded by eating establishments and retail to the north and northwest, offices to the east, single - family residential to the west, and multi - family residential to the south (Exhibits 1, 2, and 3). EXHIBIT A 31A-3 CUP No. 2016 -20 June 13, 2016 Page 2 r _T El Taco Veloz restaurant is requesting approval of a CUP to allow the on- premise consumption of beer and wine to patrons of the restaurant. Pursuant to Section 41 -196 of the SAMC, restaurants that wish to sell alcohol to patrons require approval of a CUP; however, the use of the property as a restaurant is permitted by right. The restaurant is a full service, sit -down eating establishment that is approximately 1,500- square feet in size and holds approximately 66 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 9:00 a.m. to 9:30 p.m. daily. Alcohol storage and display areas, located near and inside of the kitchen, will consist of less than five percent of the floor area (Exhibit 5). Prolect Backaroun+d El Taco Veloz restaurant is a locally-owned and operated restaurant that specializes in Mexican cuisine. This business has been operating at the present location since December 9, 2004, El Taco Veloz restaurant occupies an existing tenant space in Superior Market Center that has been used for various eating establishments since 2001. No discretionary permits have been requested or granted at this location. PmLq Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit request may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the 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. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. The granting of the CUP for this space will allow the restaurant to continue its established function within this neighborhood as a well- known, family -owned eating establishment. Moreover, the proposed license will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants that feature alcoholic beverages on their 31A-4 menus offers additional dining options for Santa Ana residents and visitors. El Taco Veloz restaurant's tenancy contributes to the maintenance and viability of the commercial development in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The restaurant will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses (Exhibit 6). Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with such uses are mitigated to the greatest extent possible. For on -sale licenses, the Police Department compares crime in the project area to crime citywide. Crime data is collected by reporting district. When a project is located in a reporting district with more than 20 percent of the average crime rate citywide, the Police Department will consider this information in making its recommendation. The project at 1730 East Seventeenth Street is located in Reporting District No. 244. Reporting District No. 244 ranks 39 out of 102 reporting districts in the number of police related calls for service. This reporting district is below the average for criminal activity threshold established by the State for high crime. The Police Department contends that the operational standards applicable to on- premise ABC licenses will mitigate any potential negative impacts to the surrounding community. Public Notification The project is not located within the boundaries of a Santa Ana neighborhood, but is in close vicinity to Mabury Park neighborhood. Staff contacted the president of the Mabury Park Neighborhood Association to ensure that the neighborhood was notified of this project and to identify any areas of concern. The project site was also 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 this printing, no correspondence, either written or electronic, had been received. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3) because there is a certainty that the activity in question will not have a significant effect on the environment. General Rule Exemption 31A-5 CUP No. 2016 -20 June 13, 2016 Page 4 Environmental Review No. 2016 -54 will be filed for this project. This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on- premise sale of alcoholic beverages at an existing structure. No expansion of square footage or modification to the exterior of the building is proposed as part of this project. �tratec�ic Plant Alirtnment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -20. essi ar�- Planning Technician JA:jm S:Jaeuila\PMJect$\1730 E 17 "' St\CUP16 -20 1730 E 17" St.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photos Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31A-6 AI __ --'-q NE W �Itd lT Rd 1RI - 71, H�rv.r- i:�.n�a Ad P9 s 4.... Rr ,.�f 60 -A/ -7200 .�a._. i _ C5 GS y R1 Rr R7, fl, P4 Rd fr i nl "At ,,., n I a n. �l>� w _ — .� �• m v noal- YC Rqq u RI R1 N R7 � S ao.p ` 3 Nna axw 1 saal x v R4 At CSs FRO x oanwaeo A m O t I � I n�nuo eamaego y R1 R7 x Al At$I R ' Ct I At vvso eo->xoo '' Al m.sl P3 Al nr 0 � I u FIT 0 At fl1 's 11.100 iul.--- vs -.__- _ R4. ... F aR1 - gg 9. .,. PIJ200 F F R1 C1 ` Cl Al R. 7 R R4 m Rt -B Pt -B fL. 3G F $ $ CS m Ai l5 Cl E C2 g BP,- rO p C5 C5 N CS 111— - I .,• _I I 1 C5 CS CS d I C5 C4 T Td T fil C7 W. C -. Al E R' Es /PIAOIECTSIll 3 RI PI I I_.I P7 � RR R4-PRO RI R1 m iL -°.SIP RI FIT p qx.0 Rl a Rt R1 Rt "R] R7 a Ri at SARF Pt 50-21 Rl Rt m RT 1F R1D f�M:�R �4 RI A� OrI.I!� . fl4I Al GENERAL AGRICULTURAL C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT �B PARKING MODIFICATION -F FLOORAREARATIO PRb PLANNED RESIDENTIAL DEVELOPMENT cl COMMUNITYCOMMERCIAL GC GOVERNMCNTCENTfiR TO SINGLE - FAMILY RESIDENCE CI-MD COMMUNITY COMMERCIAL - MUSEUM DISTRICT AT LIGHT INDUSTRIAL R3 TWO,FAMILY RESIDENCE CL GENERALCOMMERCIAL M2 HEAWINDUSTRIAL 83 MULTIPLE - FAMILY RESIDENCE C3 CENTRALRUSINESS MO MILITARY OPERATIONS Rd SUBURBAN APARTMENT C3 -A CENTRAL BUSINESS- ARTISTS'VILIAGE 0 OPEN5PACE RE RESIDENTIAL ESTATE C% PLANNEDSHOPPING CENTER -OZ OVERLAY ZONE 50 SPECIFIC DEVELOPMENT C5 ARTERIALCOMMERCIAL P PROFESSIONAL SP SPECIFII CR COMMERCIAL RESIDENTIAL RED PLANNED COMMUNITY DEVELOPMENT CUP 2016- 20 -RST EL TACO VELOZ 1 730 EAST SEVENTEENTH STREET, UNIT H _ _ -500 FEET 1" =1000 FEET P L A N N I IN A N D B U I L D I N G A G E. N C Y VICINITY MAP �l HHj$IT It 0 M M i R C I A L SEVENTEENTH STREET I COMM COMM. OFFICE MULTI- FAMILY RESIDENCE INGLE -FA ILY RES DEN E MULTI - FAMILY RESIDENCE R ' 1 • 101 ''. OFFIC MULTI - FAMILY RESIDENCE EL TACO VELOZ A 1730 EAST SEVENTEENTH STREET, UNIT H eP P L A N N I N G A N D 8 J I L D I N G A G E N C Y LAND USE MAP EXHIBIT2 31A-8 w w cc w a � vi � rx PROJECT < SITE C. w n O m d � m d v FIFTEENTH STREET MULTI - FAMILY RESIDENCE R ' 1 • 101 ''. OFFIC MULTI - FAMILY RESIDENCE EL TACO VELOZ A 1730 EAST SEVENTEENTH STREET, UNIT H eP P L A N N I N G A N D 8 J I L D I N G A G E N C Y LAND USE MAP EXHIBIT2 31A-8 iv _ ���ll Ot Q�'y0� ..... :.� Itiflarese�s ".�eaEaod� ..; a 4"-+ c 1� � . s x �' ,� �i � 3—AlUd-)Wd 01-11813VO 1:77 fiio '9a ------------- CUP 2016.20 EL TACO VELOZ ABC LICENSE 1730 EAST SEVENTEENTH STREET, UNIT H SITE PLAN EXHIBIT 4 31A-10 u J ,v CUP 2016.20 EL TACO VELOZ ABC LICENSE 1730 EAST SEVENTEENTH STREET, UNIT H FLOOR PLAN EXHIBIT 5 31A-1 1 Lc 2p� O in 64 d 0 O d .. W C7 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included as informational conditions in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 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. 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. 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. 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. EXHIBIT 6 1 of 4 31A -12 g. 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. 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. 2of4 31A -13 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 11, Division 3 of the Santa Aria 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. 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. 3of4 31A -14 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. 4of4 31A-15 LS 6.13.16 RESOLUTION NO, 2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -20 TO ALLOW ON- PREMISE SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY LOCATED AT 1730 EAST SEVENTEENTH STREET, UNIT H BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2016 -20 to allow on- premise sale of alcoholic beverages at the property located at 1730 East Seventeenth Street, Unit H. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on -site or off -site consumption. C. On June 13, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -20. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41- 638, have been established for Conditional Use Permit No. 2016 -20 to allow for on- premise sale of alcoholic beverages: That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. The proposed Alcoholic Beverage Control (ABC) license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to 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. Resolution No, 2016 -xx Page 1 of 4 31A -16 That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed ABC license will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity as operational standards will ensure that the use will not create any negative or adverse impacts. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area, The proposed use will not adversely affect the economic stability of the area, but will instead permit the restaurant to maintain its established function in the neighborhood as a well- known, family -owned restaurant. El Taco Veloz restaurant has been a part of the community for over a decade, and the intent to serve alcoholic beverages in the restaurant will allow the restaurant to compete with other restaurants in the area that also offer alcoholic beverages for sale to their patrons. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding on- premise alcohol licenses. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Resolution No. 2016 -xx 31A -17 Page 2 of 4 Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. El Taco Veloz restaurant's tenancy contributes to the maintenance and viability of the commercial development in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions and operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The restaurant will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. General Rule Exemption Environmental Review No. 2016 -54 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -20 for the project located at 1730 East Seventeenth Street, Unit N. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 13, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2016 -xx Page 3 of h 31A -18 ADOPTED this 13th day of June, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 13, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No, 2016 -xx Page 4 of 4 31A -19 31A-20 i CITY COUNCIL MEETING DATE, JULY 5, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016-23 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT CLARION INN & SUITES LOCATED AT 2620 SOUTH HOTEL TERRACE DRIVE - SHIM TALWAR, APPLICANT (STRATEGIC PLAN NO. 3, 2) CITY MANAGER r y a s CLERK OF COUNCIL USE ONLY: a0l r lJ As Recommended Q As Amended [J Ordinance on I" Reading Cl Ordinance on Z4 Reading M Implementing Resolution 7 Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -23. PLANNING COMMISSION ACTION At its regular meeting on June 13, 2016, by a vote of 6:0 (Mill absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -23 which approved the sale of alcoholic beverages for on- premise consumption at an eating establishment located within the Clarion Inn & Suites at 2620 South Hotel Terrace Drive located in the Specific Development No. 12 (SD -12) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Shiv Talwar; representing Clarion Inn & Suites, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on- premise consumption at an existing hotel located at 2620 South Hotel Terrace drive, The hotel contains approximately 46,000 square feet of floor area with 129 hotel rooms distributed into three floors, pool and spa, and parking located throughout the property, The subject site was developed as a Comfort Inn In 1988, In January of 2015, Clarion Inn & Suites acquired the hotel and began renovations of the existing facility. In an effort to compete with the neighboring hotels in the hotel terrace area, a new 480 - square foot oafs was constructed, this is where the alcoholic beverages will be stored and sold. Storage and display of alcoholic beverages will be located at the front service refrigerator and at the rear of the service counter of the oafs with a total of less than five percent of the floor area of the oafs, which is consistent with the standards contained In the SAMC. Although the storage, display, and sale of alcohol will be located at the cafe, the applicant is requesting that alcohol sales and consumption be allowed for the additional common areas of the hotel such as the pool /spa, courtyard and lobby seating area, Full - sized site plans are available for public viewing in the Clerk of the Council Office. 31 B -1 CUP No. 2016 -23 — Clarion Inn & Suites Alcoholic Beverages, 2620 South Hotel Terrace Drive July 5, 2016 Rage 2 STRATEGIC PLAN ALIGNMENT Approval of this Item supports the City's efforts to meet Goal #3 Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. H AICP Executive Director Planning & Building Agency IO:rb loTlonnlnB Commioolo02828 S Hotel Torr000\CUPWO CWrIon Inn &Suites Type,41.co Exhibit: A. Planning Commission Staff Report 31 B -2 "�� Ir► .� iiu � a , JUNE 13, 2016 TITLE: PUBLIC HEARING — FILED BY SHIV TALWAR FOR CONDITIONAL USE PERMIT NO. 2016-23 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT CLARION INN & SUITES LOCATED AT 2620 SOUTH HOTEL TERRACE DRIVE (STRATEGIC PLAN NO. 3, 2) Prepared by Ivan Orozco ecut Director - -� • �1 f , COMMISSION PLANNING „y APPROVED • As Recommended • As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO 1 Planning Mans er Adopt a resolution approving Conditional Use Permit No. 2016 -23. Request of Applicant Shiv Talwar, representing Clarion Inn & Suites, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on- premise consumption at an existing hotel located at 2620 South Hotel Terrace Drive. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project site consists of the Clarion Inn & Suites hotel in the Hotel Terrace area. The hotel contains approximately 46,000 square feet of floor area with 129 hotel rooms distributed into three floors, pool and spa, and parking located throughout the property, Within the hotel is a 480- square- foot cafe where the alcoholic beverages will be sold. The General Plan land use designation for this property is General Commercial (GC). General Commercial land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood faci ties and services such as this hotel. The project is consistent with the General Plan land use designation. The site is located within the Specific Development No. 12 (SD -12) zoning district. The SD -12 zoning district allows for commercial uses such as restaurants and hotels. Surrounding land uses Include hotels to the east and south, with industrial uses to the north and west of the property (Exhibits 1, 2 and 3). EXHIBIT A 31 B -3 CUP Rio. 2016 -23 June 13, 2016 Page 2 Proiect Description Clarion Inn & Suites is requesting approval of a CUP to allow the on- premise sate of alcoholic beverages to patrons of the hotel and cafe. Pursuant to Section 41 -196 of the SAMC, establishments that wish to sell alcohol to patrons require approval of a CUP; however, the use of the property as a hotel and on -site cafe is permitted by right in the SD -12 zoning district. The cafe contains 480 - square -feet within the existing hotel lobby. Alcohol sales and storage will take place in the cafe facility. Storage and display of alcoholic beverages will be located at the front service refrigerator and at the rear of the service counter of the cafe with a total of less than five percent of the floor area of the cafe, which is consistent with the standards contained in the SAMC (Exhibits 4 and 5). Although the storage, display, and sale of alcohol will be located at the cafe, the applicant is requesting that alcohol sales and consumption be allowed for the additional common areas of the hotel such as the pool /spa, courtyard and lobby seating area. hotel patrons would have the opportunity to purchase food and alcohol and consume them in the pool /spa area which already contains a 36 -inch fence around the perimeter, which conforms to the separation requirements established by the state Department of Alcoholic Beverage Control. Proiect Background The subject site was developed as a Comfort Inn in 1986. In January of 2015, Clarion Inn & Suites acquired the hotel and began renovations of the existing facility. In an effort to compete with the neighboring hotels in the hotel terrace area, the new cafe was constructed towards the end of 2015. The current ownership of the hotel is the first since the original date of construction to provide a food facility inside the hotel. The proposed sale of alcoholic beverages, which includes beer and wine, is intended to allow Clarion Inn & Suites the ability to compete with other hotels in the area that offer similar services. Praieet Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit request may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, to limit the number of establishments to avoid overconcentration of establishments that sell alcoholic beverages, and to minimize impacts to surrounding areas. 31 B -4 CUP No. 2016 -23 June 13, 2016 Page 3 Staff has reviewed the applicant's request to establish the on -sale license at this location. in analyzing the request, staff believes that the following findings of fact warrant approval. Because the proposed alcohol license is intended to provide an added amenity to the hotel operations, and because the sale of alcoholic beverages will be ancillary to the primary use of the cafe as an eating establishment, staff recommends approval of the subject CUP. The proposed on -sale license will provide an additional service and convenience to guests of the hotel by allowing them to purchase alcoholic beverages in conjunction with food, without having to leave the hotel property. The hotel has constructed a cafe that meets all the standards to qualify as an eating, establishment in order to provide a quick -serve food option to the hotel guest and employees. The proposed use will not be detrimental to the health, safety, and welfare of the community. Clarion Inn & Suites is an established hotel business with a history of service to the community and visitors of the City of Santa Ana, The new cafa and proposed alcoholic beverage service will provide a hotel amenity that would normally require hotel patrons to leave the premises. Moreover, the proposed project will enhance the economic viability of the area and create a more attractive tourist opportunity for visitors and residents in the community. The new cafe and alcoholic beverage service will allow the hotel to compete with neighboring hotels in the area that already operate with food and alcohol as part of the hotel amenities, The proposed CUP will be in compliance with all other regulations, including alcohol storage and display area set forth in Section 41- 196(c) of the SAMC. Further the site will be in compliance with all the operational standards set forth in Section 41- 196(g) of the SAME; which govern the on- premises sale of alcoholic beverages (Exhibit 6). Finally, the proposed CUP will be consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses, Clarion Inn & Suites proposes to provide an additional amenity as part of the hotel operations, to serve guests and residents of the City, similar to the hotels in the immediate vicinity. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with such uses are mitigated to the greatest extent possible. For on -sale licenses, the Police department compares crime in the project area to crime citywide. Crime data is collected by reporting district. When a project is located in a reporting district with more than 20 percent of the average crime rate citywide, the Police Department will consider this information in making its recommendation. 31 B -5 CUP No. 2016 -23 June 13, 2016 Page 4 The project at 2620 South Hotel Terrace Drive is located in Police Grid No. 209. Police Grid No. 209 ranks 61 out of 102 reporting grids in the number of police related calls for service. This reporting district is below the average for criminal activity threshold established by the state for crime. The Police Department contends that the operational standards applicable to on- premise ABC licenses will mitigate any potential impacts to the surrounding community, Moreover, the proposed conditional use permit will also be consistent with similar ABC licenses for hotels in the area, the business is a hotel and the primary customer base will be its guests. Public Notification The project is not located within the boundaries of an established Neighborhood Association. However, 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 this printing, no correspondence, either written or electronic, has been received, CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on- premise sale of alcoholic beverages from an existing structure. No expansion of square footage or modification to the exterior of the building is proposed as part of this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -23. IO:jm t6lo anning CommisslorIM20 S Hotel TerracelCUP1 H -28 Clarion Inn & Seltes Type 41. PC MEW CUP No, 2016 -23 June 13, 2016 Page 5 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 _ Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31 B -7 Al C NSIALACROJWIRAL} CR MMMUCALFUID IAL. M -0W WALLLaSNG- ERMIIYR QWCE -H A NGMG IHVXIOYN ( G015INIOWCB4IH2 rQ TOORMILYffflowCE GW CLYMIMBUAL:CUIN MAIN Ml UGFIN0USFRAL R5 MurnR 9WymuISIRE m CCMMUNITYCOMiM¢ AL M2 NEAWINWSR3AL FAMILY R908NCE. CWD CXdM.CCMM6 AUMUULM0lSRCT MO MILI7AIL'Cf8LVI0N5. Rt WeIJFEANAMRM9 C2 GMUTALCGMMFOAL C Gf SPACE FE FLUMALFSWTE co MTRALMSNE.S P FRU&SCNAL 60 3S/RCOcvEJXMD f CYA CeJMLBUSW'iAR MLtA FCD RANNMCMIMUMiVQe&C AIENT Ell S�MRCR.AN CA RANNIM NC NGCENTER PAO RANNB F ODMAL DBRDWENT a WIRALCOMAMSUAL RI SNGLEFAMILYFFSD AL CUP 2016- 23 -RST CLARION INN & SUITES 2620 SOUTH HOTELTERRACE (DRIVE - - 500 FAT 7,1000FEET P L A N N N G A N D B U I L D I N G A G E N C Y mil 3m w • CUP 2016-23-RST CLARION INN & SUITES 2620 SOUTH HOTEL TERRACE DRIVE L A N N I N G A N D 0 U I L 0 1 N G E N C Y LAND USE MAP EXHIBIT 2 31 B-9 CUP 2016- 23 -RST CLARION INN & SUITES 2620 SOUTH HOTEL TERRACE DRIVE EXHIBIT 3 31 B -10 31 B -11 -a f° a k 1 ° C r (W °IQ Iv ci dW :4 ry CL f L t a , z e, u 0 ^'�y "Q lz 51 j �i t 1< jQ w ;' t b3HV KIA83S (t Display/ Z e # '' -D SCoxaae ':a W a lz EXHIBIT 5 31 B -12 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included as Informational conditions In the conditions of approval for the conditional use permit required pursuant to Section 41 -196 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. 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. EXHIBIT 6 1 of 4 31 B -13 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 anytime 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, keraoke, 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 shad 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. 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. 2of4 31B-14 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 ll, 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. 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. 3of4 31 B -15 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. 4 of 4 31 B -16 LS 6.13.16 RESOLUTION NO, 2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO, 2016 -23 TO ALLOW THE ON- PREMISE SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY LOCATED AT 2620 SOUTH HOTEL TERRACE DRIVE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A, Applicant is requesting approval of Conditional Use Permit No. 2016 -23 to allow the on- premise sale of alcoholic beverages at the property located at 2620 South Hotel Terrace Drive. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on -site or off -site consumption. G; On June 13, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-23. D, The Planning Commission of the City of Santa Ana determines that the following findings, which must be established In order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2016 -23 to allow the on- premise sale of alcoholic beverages: 1: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed on -sale Alcohol Beverage Control (ABC) license will provide an additional service and convenience to guests of the hotel by offering them the ability to purchase alcoholic beverages in conjunction with food, without having the need to leave the hotel property; The ABC license will not negatively affect the surrounding community as operational standards are applicable to the license that will reduce potential impacts and avoid potential for an attractive nuisance being established. By adding alcoholic beverages Resolution No. 2016 -XX Page 9 of 4 31 B -17 to other items of the cafe, hotel guests are provided an added amenity without having to leave the premises. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed ABC license will not be detrimental to the health, safety, and welfare of persons residing or working in the vicinity as operational standards will ensure that the use will not create any negative or adverse impacts. Clarion Inn & Suites is an established hotel business with years of service to the community and visitors of the City of Santa Ana, The cafe and proposed alcoholic beverage service will provide a hotel amenity that would normally require hotel patrons to leave the premises. All health codes and regulations will be followed, in addition to employee training programs focused on security, alcohol responsibility, and preventing the sale of alcoholic beverages to minors, which ensure that the alcohol sales are handled in a responsible manner. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed ABC license will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Conversely, the ABC license will enhance the economic viability of the area and create a more attractive tourist opportunity for visitors and residents in the community. The cafe and alcoholic beverage service will allow the hotel to remain competitive with neighboring hotels in the hotel terrace area that already offer alcoholic beverages with food as part of the hotel operations. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code, including alcohol storage and display area set forth in Section 41- 196(c). Operational standards will ensure the premise remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance, Resolution No. 2016 -XX Page 2 of 4 31 B -18 That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed ABC license will not adversely affect the General Plan. Hotels that offer food and alcoholic beverages are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which promotes land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses. Furthermore, the project is consistent with Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for goods and services. The granting of this application is also consistent with Policy 5.5 of the Land Use Element of the General Plan; which encourages projects that are compatible with and supporting of surrounding land uses. The use is located within an area that provides similar services and amenities; and is compatible with the hotel uses in the hotel terrace area. E, in accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having significant impacts on the environment. General Rule Exemption Environmental Review No. 2016 -62 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers; agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -23 for the project located at 2620 South Hotel Terrace Drive. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 13, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2016 -XX Page 3 of 4 31 B -19 ADOPTED this 13th day of June, 2016 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 13, 2016, Date: Acting Recording Secretary City of Santa Ana 31 B-20 Resolution No. 2016-XX Page 4 of 4 CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE; AMEND RESOLUTION NO. 94 -027 TO MEMORIALIZE CERTAIN CHANGES TO THE PAYMENT AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM {STATEGIC PLAN NO. 7, 6} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 at Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend Resolution No. 94 -027 to memorialize certain changes to the payment and reporting the value of Employer Paid Member Contributions to the California Public Employees Retirement System (CaIPERS) for local miscellaneous and local safety members DISCUSSION On June 20, 1994 the City of Santa Ana adopted Resolution 94 -027 agreeing to pay the normal member contributions as employer paid member contributions ( "EPMC ") and report the full monetary value of contributions as compensation earnable for employees classified as local miscellaneous and local safety members. At that time, the EPMC was 7% for local miscellaneous CaIPERS members and 9% for local safety members. On July 7, 2008, the City of Santa Ana adopted Resolution 2008 -050 to provide the 2.7% @ 55 retirement formula for local miscellaneous members. As part of this formula, the EPMC increased from 7% to 8 %. The City began paying this 8% of the normal contributions on January 1, 2009 and has continued to pay the 8% pursuant to several written labor policies and agreements with several miscellaneous bargaining units. The local safety members EPMC remained the same at 9 %. 55A -1 ICMA -RC RHS Plan Investment Change July 5, 2016 Page 2 of 2 In 2011, City staffwas advised by CalPERS that it was unnecessary to update Resolution 94 -027 to reflect the local miscellaneous EPMC change from 7% to 8% since the City continued to pay 100% of the normal contributions for local miscellaneous. and local safety members. Recently, CalPERS advised the City that an updated resolution was needed to memorialize the current 8% EPMC for classic miscellaneous members and 9% for local safety members. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #6 (Provide a positive workplace environment that supports the health of its employees and celebrates its success and Goals). FISCAL IMPACT There is no fiscal impact associated with this resolution, as this is a procedural matter only. 0 � Edward S. Raya Executive Director Personnel Services Agency EXHIBIT: 1. Resolution 55A -2 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION N0, 94 -027 TO MEMORIALIZE CERTAIN CHANGES TO THE PAYMENT AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 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. On June 20, 1994, the City Council adopted Resolution No. 94027 to comply with Government Code Section 20636(c)(4), pursuant to Section 20691 declaring the City of Santa Ana's intention to report to the California Public Employees Retirement System the full monetary value of normal member contributions to be paid by the employer, as compensation earnable. B. The City of Santa Ana adopted this resolution as a procedural matter to comply with the legal requirements and approved Memorandums of Understanding with several represented bargaining units, Unrepresented Executive Management and Appointed employees. At that time, the employer paid member contributions ( "EPMC ") was 7% for local miscellaneous CalPERS members and 9% for local safety members. C, The City of Santa Ana adopted Resolution 2008 -050 on July 7, 2008 to provide Section 21354.5 (2.7% @ 55 Full Formula) for local miscellaneous members. As part of this formula, the normal member contributions to be paid by the employer increased from 7% to 8 %. The City began paying this 8% of the normal contributions as EPMC on January 1, 2009. The local safety members employer paid member contribution remained the same at 9 %. D. In 2011, City staff determined with the approval of CalPERS that it was unnecessary to update Resolution No. 94 -027 to reflect the EPMC increase which occurred as a result of Resolution 2008 -050 which implemented 2.7% @ 55 Full Formula for local miscellaneous members. Recently, CaIPERS advised the City that it wanted an updated Resolution setting forth the current EPMC rate for classic miscellaneous CalPERS members. Resolution 2016 -XXX Page 1 of 3 55A -3 E. The governing body of the City of Santa Ana has the authority to implement Government Code Section 20636(c) (4) pursuant to Section 20691; F. The governing body of the City of Santa Ana has several written labor policies and agreements which specifically provide for the normal member contributions to be paid by the employer at 8% for classic local miscellaneous members and 9% for classic local safety members, and reported as additional compensation; G. It is the desire of the Santa Ana City Council to affirm implementation of Government Code Section 20691 and to continue paying and reporting the value of said Employer Paid Member Contributions (EPMC); H. The governing body of the City of Santa Ana has identified the following conditions for the purpose of its election to pay EPMC; This benefit shall apply to classic CalPERS members in full time and part time civil service` classifications represented by the following bargaining units: SEIU, CASA, SAMA, FBA, FMA, PMA and POA and full time Unrepresented Executive Management and full time Appointed employees. 2. This benefit shall consist of paying 8% (eight percent) of the normal contributions as EPMC for classic miscellaneous CalPERS members, and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation. 3. This benefit shall consist of paying 9% (nine percent) of the normal contributions as EPMC for classic local safety CaIPERS members, and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation. "This benefit does not apply to part time non -civil service employees. Section 2. The Santa Ana City Council thereby resolves to affirm its continued election to pay and report the value of EPMC as outlined above. Section 3. Except as amended by this Resolution, all other provisions of Resolution No, 94 -027 shall remain in full force and effect. Resolution 2016 -XXX Page 2 of 4 55A -4 Section 4. This Resolution is operative from and after the date it is adopted. ADOPTED this 5th day of July, 2016, Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Laura A. Rossini Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -_ to be the original Resolution adopted by the City Council of the City of Santa Ana on July 5, 2016. Date: Resolution 2016 -XXX Page 3 of 3 55A -5 Clerk of the Council City of Santa Ana 'P�PM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE; RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2016 -17 {STRATEGIC PLAN NO. 4, 1D} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1e0 Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution establishing the appropriation limit for the fiscal year 2016 -17. DISCUSSION The State of California Constitution includes various 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 cities to establish this limit by resolution. Adoption of the subject resolution is necessary for compliance with these provisions for the fiscal year ending June 30, 2017. As detailed in the exhibits to the subject resolution, the City's spending limitation from "Proceeds of Taxes" is calculated to be $997,277,479 (Exhibit 1) for fiscal year 2016 -17. This represents the permitted growth rate factor of 1.0641 times the fiscal year 2015 -16 appropriations limit of $937,202,781. Additionally, Exhibit 1 identifies the factors used to determine the allowable increase from the prior year; Exhibit 2 categorizes Fiscal Year (FY) 2016 -17 anticipated revenues from "Proceeds of Taxes" and "Non- Proceeds of Taxes "; and Exhibit 3 computes the fiscal year 2016 -17 appropriations subject to this limitation and also identifies the difference between the limit and the budgeted appropriation. As demonstrated in Exhibit 3, the City's anticipated fiscal year 2016 -17 appropriation subject to limitation is $164,536,547, which is $832,740,932 below the Gann Limit (allowable limit). 5513-1 Resolution Establishing the Appropriation Limit for Fiscal Year 2016 -2017 July 5, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment), Strategy D (develop a fiscal health analysis tool that informs a department of its financial position in order to assist in its decision making process). FISCAL IMPACT There is no fiscal impact associated with this action Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Computation of Appropriation Limit 2. Schedule to Categorize Anticipate Revenues 3. Appropriation Subject to Limitation 55B -2 EXHIBIT 1 COMPUTATION OF APPROPRIATION LIMIT FOR FISCAL YEAR ENDING JUNE 30, 2017 Fiscal Year 2015 -16 Appropriations Limit California Per Capita Personal Income: Converted into a Factor Population Growth: Converted into a Factor: $ 937,202,781 5.370% 1.0537 0.99% 1.0099 Calculation of factor for fiscal year 2016 -17 (1.0537 x 1.0099): 1.0641 Fiscal Year 2016 -17 Appropriations Limit $ 997,277,479 * Source: State of California, Department of Finance, Price and Population Information - FY 2016 -17 55B -3 55B -4 EXHIBIT 2 SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES FOR FISCAL YEAR ENDING JUNE 30, 2017 REVENUE TAXES: Property Tax Sales Tax Hotel Visitors' Tax Business Tax Documentary Stamp Tax Utility Users' Tax Medical Marijuana Tax Total Taxes FROM STATE: State Motor Vehicle License Homeowner Prop Tax Subvention State Gas Tax SB90 Reimbursements State Grants Total State OTHER GOVERNMENT: Community Development (CDBG) Urban Area Security Initiative Grant Social Services Agency Grant Housing (Section 8) Workforce Investment Act Measure M, Street Grants Civic Center and Park Program Income Other Federal Grants Total Other Government PROCEEDS OF TAXES 70,557,000 48, 834,160 9,430,000 11,632,323 800,000 27,780,000 1,500,000 170, 533,483 165,000 230,000 395,000 55B -5 NON- PROCEEDS OF TAXES TOTALS 70, 557, 000 - 48,834,160 - 9,430,000 - 11,632,323 - 800,000 - 27,780,000 - 1,500,000 - 170,533,483 - 165,000 - 230,000 6,829,360 6,829,360 409,305 409,305 1,440, 500 1,440, 500 8,679,165 9,074,165 5,775,465 4,097,444 800,000 30,900,515 2,927,792 20,468,322 4,410,600 465,000 5,471,791 75,316,929 5,775,465 4,097,444 800,000 30,900,515 2,927,792 20,468,322 4,410,600 465,000 5,471, 791 75, 316, 929 Exhibit 2 Continued REVENUE LOCALLY RAISED: Licenses and Permits Franchise Fees Fines and Forfeitures Charges for Services From Use of Property Others Others - Inter - Agency Total Locally Raised OTHER MISCELLANEOUS: Donation Sale of Junk and Property Attorney Reimbursements Expense Reimbursements Indirect Cost Recovery From Prior Year Fund Balances Refuse Program Savings Interfund Transfers Total Other Miscellaneous PROCEEDS OF TAXES NON - PROCEEDS OF TAXES TOTALS 4,669,023 8,480,620 4,945,856 21,844,369 16,956,805 75,100 6,926,000 63,897,773 4,669, 023 8,480,620 4,945,856 21,844,369 16,956,805 75,100 6,926,000 63,897,773 - 114,115 114,115 - 23,037 23,037 - 979,000 979,000 - 1,587,937 1,587,937 - 2,400,000 2,400,000 - 40,894,372 40,894,372 - 1,352,000 1,352,000 5,797,295 5,797,295 - 53,147,756 53,147,756 FROM USE OF MONEY: Earnings on Investment 328,697 415,803 744,500 TOTAL REVENUES $ 171,257,180 $ 201,457,426 $ 372,714,606 55B -6 EXHIBIT 3 APPROPRIATION SUBJECT TO LIMITATION FOR FISCAL YEAR ENDING JUNE 30, 2017 Proceeds from taxes Less: Exclusions Appropriation subject to limitation Current year limit Over(under) limit 55B -7 $ 171,257,180 (6,720,633) $ 164,536,547 997,277,479 $ (832,740,932) 55B -8 EXHIBIT 4 imf 6/20/16 RESOLUTION NO. 2016 -XXX 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 2016 -2017 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 1979, 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 1990, the voters of the State of California approved Proposition 111, which amended Article XIIIB 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 XIIIB 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 underexpenditures 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. _ - Resolution No, 2016 -xxx Page 1 of 3 55B -9 Section 7910 of the Government Code of the State of California requires 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 5, 2016. 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 2016 -2017 in accordance with said provisions of the Constitution and laws of the State of California, and the documentation used in the determination has been available to the public since not later than June 20, 2016, 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 2016 -2017 is hereby found and determined to be $997,277.479. 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. ADOPTED this 5th day of July, 2016. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By. fib,, Joh I. Funk Assistant City Attorney Miguel A. Pulido Mayor 55B -10 Resolution No. 2016 -xxx Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT„ Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July 5, 2016. Date: Clerk of the Council City of Santa Ana 55B -11 Resolution No. 2016 -xxx Page 3 of 3 55B -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: RESOLUTION TO NOMINATE AND APPOINT NEW REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY (OCFA) BOARD (STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: FR-10:7*72IWo, ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution appointing Mayor Pro Tem Vicente Sarmiento as a representative to the Orange County Fire Authority. DISCUSSION The City of Santa Ana entered into a Joint Powers Agreement with the Orange County Fire Authority on February 21, 2012, to provide fire related services. The City of Santa Ana, as a member of the Orange County Fire Authority Joint Powers Authority (JPA), is entitled to appoint a representative director to the Board of Directors. The director must be an elected official, shall serve at the pleasure of the Council, and may be removed at any time, with or without cause. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. � ry. Maria D. Huizar, Clerk of the Council Exhibit: 1. Resolution 55C -1 55C -2 RESOLUTION NO, 2016 -xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING RESOLUTION NO, 2015 -013 AND DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS WHEREAS, the City, as a "member" of the Orange County Fire Authority Joint Powers Authority (JPA) is entitled to appoint a representative director ( "Director ") to the Orange County Fire Authority's Board of Directors; and, WHEREAS, each member agency, by resolution of its governing body, shall designate and appoint one representative to act as its Director on the Authority Board of Directors, except the County whose Board of Supervisors shall appoint two representatives to act as its Directors; and, WHEREAS, the Director shall be a current elected member of the governing body; and, WHEREAS, the Director shall hold office until the selection of a successor by the appointing body; and, WHEREAS, the Director is to serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body; and, WHEREAS, any vacancy shall be filled in the same manner as the original appointment of a Director. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa Ana, California, does hereby: 1. Repeal Resolution no. 2015 -013 in its entirety and 2. Designate and appoint Mayor Pro Tern as a Director to the Orange County Fire Authority Board of Directors. Resolution No, 2016 -xxx Page 1 of 2 55C -3 PASSED, APPROVED, AND ADOPTED this day of 2016. Miguel A. Pulido, Mayor APPROVE FORM: Bye0yA . Cary a orney 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. 2016 -XXXX to be the original resolution adopted by the City Council of the City of Santa Ana on July 5, 2016. Date: Resolution No. 2016 -xxx Page 2 of 2 Clerk of the Council, City of Santa Ana 55C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: SUBMISSION TO THE VOTERS AT THE NOVEMBER 8, 2016 MUNICIPAL ELECTION: PROPOSED COUNCIL COMPENSATION CHARTER REFORM a RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended El As Amended Ordinance on 1®t Reading ® Ordinance on god Reading Implementing Resolution C_l Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution giving notice for the submission of a ballot question giving notice to the voters relating to changes in the City Charter regarding Council Compensation Charter Reform (Charter Section 402. Compensation of members.). 2. Adopt a resolution on ballot questions. 3. Adopt a resolution authorizing submittal of written arguments for or against the various proposed City Charter and Municipal Code amendments. 4. Approve guidelines for preparation of arguments for or against the proposed City Charter and Municipal Code amendments, 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 for each of the proposed City Charter amendments to be submitted for consideration by the voters. 6. Direct staff to process all other documents required to proceed with the proposed City Charter amendments. DISCUSSION The California Elections Code requires the adoption of the attached resolutions in order to place ballot measure questions before the voters on the November 8, 2016 ballot. The attached resolutions will allow voters to consider the ballot question as included in the resolution. 5513-1 Submission to the Voters at the November 8, 2016 Municipal Election July 5, 2016 Page 2 The attached resolutions would also permit the filing of written arguments in favor of or against such measure by members of the City Council, any individual voter who is eligible to vote on the measure, a bona fide association of such citizens, or any combination thereof, and establishes deadlines for submission of such arguments to the Clerk of the Council. The Elections Code specifies that members of the City Council would be given preference and priority, if so authorized by the City Council. The subject resolution would give that authorization to any member of the City Council who would desire to submit an argument. The procedures for filing ballot arguments are detailed in the Elections Code. The Election Code procedures, as well as general guidelines for preparing arguments, will be provided in a notice prepared by the Clerk of the Council, and posted following final adoption of the election ordinance. When a City measure qualifies to be on a ballot, the City Council may direct the City Attorney to prepare an impartial analysis of the measure that shows the effect of the measure on the existing law and the operation of the measure (Elections Code § 9280). The analysis would be printed in the voter information pamphlet, preceding the arguments for and against the measure. Council Compensation The Santa Ana City Charter provision governing compensation for the Mayor and City Council was adopted in 1954 and set compensation at $125 per month for Councilmembers and $200 per month for the Mayor. The California Government Code establishes a salary formula for general law cities based on population. The proposed Charter reform measure would limit the City Council compensation to the amount provided for in the Government Code formula and would not permit any increase without a future approval of the voters. If passed, this measure would modernize compensation and provide for strict voter control. FISCAL IMPACT The cost to consolidate the General Municipal Election is estimated to be $40,000. Funds for these administrative costs are available in the Fiscal Year 2016 -17 General Non - Departmental, Contractual Services account (no. 01105015- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 5501-2 ATTACHMENT RESOLUTION GIVING NOTICE OF THE CITY'S GENERAL MUNICIPAL ELECTION AND COUNCIL COMPENSATION REFORM 55D -3 RESOLUTION - XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 8, 2016 FOR THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO THE AMENDMENT OF THE CITY CHARTER IN REGARD TO COUNCIL COMPENSATION REFORM NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: By Resolution No. 2016 -_, the City Council has declared that a General Municipal Election shall be held on November 8, 2016 for the election of municipal officers. SECTION 2: Under provisions of the Charter of the City of Santa Ana and the California Elections Code, at the General Municipal Election to be held on November 8, 2016, the following proposed amendments to the City Charter shall be submitted to the voters: Measure _: Council Compensation Charter Reform YES Shall the Santa Ana Charter be amended to comply with the Council compensation formula provided for by California Government Code Section 36516 to ensure that Council compensation is set and strictly limited by such NO Government Code and to further provide that no increase in Council compensation shall be permitted without a vote of the electorate of the City of Santa Ana pursuant to a future Charter Amendment? APPROVED AS TO FORM: Miguel A. Pulido Mayor 55D -4 By: ' � V Sonia R. Carvalho, City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 55D -5 55D -6 ATTACHMENT Sec. 402. — COMPENSATION OF MEMBERS. 55D -7 Sec. 402. — Compensation of Members. Each member of the City Council and the Mayor shall receive as a monthly salary for his or her services, the maximum amount allowed by the population formula set forth in California Government Code Section 36516 as of November 8, 2016. No increase in the monthly salary shall occur without first being approved by the voters pursuant to a Charter amendment. Further, each member of the City Council and Mayor shall receive reimbursement for required travel and other expenses while on official business of the City as authorized and approved by Resolution of the City Council. In accordance with Section 36516 any amounts paid by City for retirement, health and welfare benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the City for its executive employees. Any amounts paid by the City to reimburse for actual and necessary expenses pursuant to a Council Resolution shall not be included for purposes of determining salary. Any member of the Council may waive any or all of the compensation permitted by this section. Absence of the Mayor or a member of the City Council from all regular and special meetings of the City Council during any calendar month shall render him or her ineligible to receive the monthly salary for such a calendar month, unless such absence was approved by the City Council as expressed in its official minutes. 55D -8 ATTACHMENT RESOLUTION AUTHORIZING SUBMITTAL OF WRITTEN ARGUMENTS FOR PROPOSED AMENDMENTS 55D -9 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR PROPOSED AMENDMENTS TO THE SANTA ANA CHARTER 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 8, 2016, at which there will be submitted to the qualified electors of the City a Charter Amendment measure related to Council Compensation Reform. B. That pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure. Section 2. The City Council, as the legislative body of the City of Santa Ana, hereby authorizes the Clerk of the Council to give preference and priority to any member or members of the City Council (up to five members), then to voters as set forth in California Elections Code section 9287, to file a written argument for or against the City measures set forth above, and to change said argument until and including the date fixed by the Clerk of the Council after which no arguments for or against said City measure may be submitted. 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. ADOPTED this day of July, 2016. APPROVED AS TO FORM: 55D -10 Miguel A. Pulido Mayor By: -Jzo- Sonia R. , a0 rvalh, , 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. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55D -11 Maria D. Huizar, Clerk of the Council 55D -12 ATTACHMENT 4 RESOLUTION CONTAINING BALLOT QUESTION 55D -13 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE OF A BALLOT TITLE FOR A CITY CHARTER AMENDMENT REGARDING COUNCIL COMPENSATION REFORM TO BE INCLUDED ON THE BALLOT FOR THE 2016 GENERAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. By Resolution NS -, the City Council of the City of Santa Ana has called for a its General Municipal election to be held on November 8, 2016 and submitted to the voters an amendment to sections of the Santa Ana City Charter. Section 2. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City Council of the City of Santa Ana desires, on its own motion, to submit to the voters of the City a question relating to Council Compensation Reform, to be submitted to the voters at the General Municipal Election to be held on Tuesday, November 8, 2016. Section 3, The amendments called for in Resolution No. shall be proposed as follows, with identification as determined in accordance with the California Elections Code: Measure _: Council Compensation Charter Reform YES Shall the Santa Ana Charter be amended to comply with the Council compensation formula provided for by California Government Code Section 36516 to ensure that Council compensation is set and strictly limited by such NO Government Code and to further provide that no increase in Council compensation shall be permitted without a vote of the electorate of the City of Santa Ana pursuant to a future Charter Amendment? Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Section 5. . The City Clerk is hereby directed to transmit a copy of the measure set forth in Section 3 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the Elections Code. The impartial 55D -14 analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In addition, the City Clerk is directed to fix a deadline for submission of arguments and rebuttals for or against the measure pursuant to Sections 9223 and 9285 of the Elections Code, the provisions of which are hereby adopted by the City Council. ADOPTED this day of July, 2016. Miguel A. Pulido Mayor APPRO/14ED AS TO FORM: I i� By: l S n R. Ca ho, 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. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55D -15 Maria D. Huizar, Clerk of the Council 55D -16 • N CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: REQUEST FOR QUALIFICATIONS FOR THE THIRD STREET AND BROADWAY DEVELOPMENT PROJECT (STRATEGIC PLAN NO. 3, SA) 13,990MMENDEQ ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended As Amended C7 Ordinance on I" Reading ® Ordinance on 2n4 Reading Implementing Resolution ® Set Public Hearing For CONTINUED TO Review and select an option for the Third and Broadway Streets Development Project from the options listed below: 1. Consider the attached draft Disposition and Development Agreement (Sample Draft Disposition and Development Agreement) and provide direction; 2. Direct staff to prepare a sample Exclusive Negotiation Agreement for consideration to be executed with a qualified developer; or 3. Direct the Planning and Building Agency to prepare a new Request for Qualifications, followed by a detailed Request for Proposal process; or 4. Provide additional direction to staff on the development of the Third Street and Broadway Project. On September 16, 2014, the City Council directed the Planning and Building Agency to release a Request for Qualifications for the Third and Broadway Development Project. Can September 18, 2014, the Planning and Building Agency issued a Request for Qualifications outlining several components desired by the City Council, Among the components of the new project, there was an expressed desire to see a hotel /hospitality component; Five proposals were received by staff, only one of which, the proposal presented by Caribou Industries, included a hotel component, Subsequently, staff presented the proposals to the Development and Transportation Committee of the City Council, recommending Oliver McMillan as the most qualified developer to develop the site.. However, at a later meeting, the Development and Transportation Committee directed staff 65A -1 Third and Broadway development Project July 5, 2096 Page 2 to reach out to all of the development firms who had submitted proposals and give them a second chance to submit new proposals that would include a hotel components, even as a second phase of the project on the site or on a nearby property. Four of the original development firms resubmitted proposals. Caribou Industries included a hotel component. Of those four firms, the three other firms maintained their position that the hospitality market in Downtown Santa Ana did not sufficiently support financing and construction of a new hotel and did not include a hotel component in their new proposals. Subsequently, staff Identified the qualifying criteria for Caribou Industries to be selected as the developer for the Third and Broadway sits. Part of the qualifying criteria were audited financial statements, a common criterion that allows City staff to assess the developer's ability to complete and deliver the proposed project on time and on budget. After several requests, staff has not received the audited financial information required, Proposed Draft Disposition and Development Agreement (D61A) Components: If the City Council opts to enter into a DA with a qualified developer as drafted in the proposed sample DDA, the scope of the Third and Broadway Project will be as follows, but not limited to: 1. Developer is to purchase the property at market value with the intention of demolishing the existing parking garage and building a mixed use residential /retail /office /hotel project. 2. The City shall impose a lien on the property for the market value purchase of said property, Said lien shall be maintained for no less than 25 years. 3. The City shall release the lien after 25 years and upon the developer's accomplishment of all performance requirements and terms of the loan as outlined in the ®CA. 4. The developer shall be required to deposit a determined amount within five (5) days of opening an escrow. 6. The transfer of the title of the property shall only take place after certain City of Santa conditions have been met by the developer. 6. The developer shall obtain all necessary entitlements at their own expense prior to transfer of property titles from the City to the developer. 7. The developer shall prepare a complete environmental document consistent with California Environmental Quality Act (CEQA) for the proposed project, 13. A minimum three (3) -star hotel component, consisting of no fewer than 60 rooms is a required component of the proposed project, The hotel may be built at the same time as the rest of the projector In a subsequent phase, as described by the developer with a justification for Its phasing and timing. Developer must submit documentation to verify a commitment from a major hotel, development proforma for the hotel, and signed labor agreements as required but the City in order to meet the hotel component requirement for the project, 65A -2 Third and Broadway Development Project July 5, 2016 Page 3 9, A hotel tax rebate Incentive may be negotiated between the City and the hotel operator consistent with the City's Motel Incentive Program. 10. The developer shall build the project paying prevailing wages and the hotel component shall employ unionized labor at prevailing wages for Its operations. 11. The developer will not be required to replace the existing public parking, Therefore, no public funds shall be directed to the development project for the purpose of creation of public parking. 12. The City and the developer will review and resolve all existing parking obligations associated with the existing municipal parking structure. 13, The City shall convey property titles immediately prior to a previously scheduled and fully authorized demolition of the existing Improvements on the property. 14. The demolition of the existing improvements and subsequent construction of the new project shall take place consistent with agreed upon terms and timelines set forth In the DDA. 15. Any unauthorized delays by the developer at any agreed upon phase of construction shall be subject to penalties set forth in the DDA. 16. The new development project shall be designed by a highly credible design team to exemplify the City's commitment to excellent design and sustainability in Santa Ana. 17. The City shall be responsible for removing all City parking equipment prior to commencement of demolition. 1'8, Prior to issuance of final certificates of occupancy, general, standard, and specific conditions and obligations set forth for this project shall be met within the timelines outlined in the DDA. 19, Developer is required to provide Community Outreach with all stakeholders to hear and address concerns over parking and construction during and after construction 20, The developer shall provide a Parking ivianagement Agreement. Part of that agreement will Include provisions for the City to maintain and operate the parking structure until such time that the property must be prepared for demolition, 21. Developer shall reconstruct Sycamore Street between 3rd Street and 0 Street for all modes of transportation at the developer's expense. The reconstruction of Sycamore Street shall be performed according to all zoning, open space, and public right -of -way standards to the satisfaction of the Planning and Building and Public Works Agencies, 22. Existing street parking meter and parking activity must remain intact. 23. Developer shall improve the alley adjacent to the property according to specifications determined during the entitlement review process. 24. Developer shall remove the existing pedestrian bridges. 25. Developer shall provide ground floor, pedestrian - oriented commercial uses as will be detailed during the entitlement process. The developer shall meet specific performance milestones set forth in the DDA. 26. The developer shall provide a detailed construction schedule, staging, and management plan to be reviewed and approved by the City to eliminate or mitigate Impacts to the surrounding businesses and the public during construction. 65A -3 Third and Broadway Development Project July 5, 2016 Page 4 27. Developer shall be fully responsible for securing and leasing staging locations at the developer's expense to the satisfaction of the City. The construction staging location and equipment shall not Impede day -to -day activities in surrounding areas, 28. The construction management and mltigation plan shall be discussed and analyzed as part of the environmental review process prior to final approvals. The City Council has the following options: 1. Consider the attached draft Disposition and Development Agreement Sample Graft Disposition and Development Agreement) and provide direction; 2. Direct staff to prepare a sample Exclusive Negotiation Agreement for consideration to be executed with a qualified developer; or 3. Direct the Planning and Building Agency to prepare a new Request For Qualifications, followed by a detailed Request for Proposal process; or 4. Provide additional direction to staff on the development of the Third Street and Broadway Project. rr Approval of this Item supports the City's efforts to meet goal #3 - Economic Development, Objective #5 (leverage private investment that results in tax base expansion and job creation citywide), Strategy A (identify and market underutilized properties for new development that will create new Jobs and expand the City's tax base), FISCAL IMPACT There is no fiscal impact associated with this action, ll hhireporMard & Broadway -dune 16, 2418 t rm v it '. 65A -4 SAMPLE CITY OF SANTA ANA DISPOSITION AND DEVELOPMENT AGREEMENT Downtown Hotel and Mixed -Use: Residential and Retail /Commercial Project At Third and Broadway This DISPOSITION AND DEVELOPMENT AGREEMENT ( "Agreement' or "DDA ") is entered into as of 2016 (the "Effective Date "), by and between the CITY OF SANTA ANA, a California municipal corporation ( "City "), and , a ( "Developer "). RECITALS A. City is the fee owner of certain real property collectively consisting of approximately _ acres located at , and approximately acres that constitutes a portion of the parcel located at as more particularly described in Attachment No. 3, attached hereto and incorporated herein by reference and depicted on the Map of the Project Site (collectively, the "City Property"). B. In 20 , Developer contacted City to express an interest in purchasing the City Property with the intent of redeveloping the City Property and the Developer Property with a mixed use hotel and commercial /retail project. C. City and Developer have negotiated terns pursuant to which Developer will purchase the City Property from the City for the development of an approximately room hotel and retail, restaurant and cafe space as more particularly described in the Scope of Development, attached hereto as Attachment No. 5 (the "'Project'), which will be located on the City Property (the "Project Site "). The proposed Project will result in the redevelopment of undenttilized land and aging structures, development of extended stay hotel rooms to accommodate a demand in Downtown Santa Ana and nearby to the Orange County Courthouse facility, increased employment opportunities within the City and additional property taxes, sales taxes and transient occupancy taxes produced from the Project Site. Additionally, Developer has agreed to pay the City the full fair market value for the purchase of the City Property, which will provide additional general fund revenue for the City. D. Based on the reasons identified in Recital C, above, together with the commitments and obligations of the Developer to develop the Project Site as contained in this Agreement, the City has determined that the sale of the Project Site to the Developer for development in accordance with this Agreement is in the best interest of the City. NOW THEREFORE, the Parties hereby agree as follows. Article 1 PURPOSE, PARTIES, AND PROJECT SITE 1.1 Recitals. The Recitals are hereby incorporated into this Agreement. EXHIBIT 1 55394.00000129008220.1 65A -5 1.2 Purpose. The purpose of this Agreement is to set forth the obligations of the Parties and the terms and conditions precedent for the purchase and sale of the City Property from the City to the Developer, and the design, development, construction and operation of the Project on the Project Site. The City has determined that the construction and operation of the Project by Developer within the City will stimulate direct and indirect economic activity within the City, will enhance the quality of life of residents and will provide substantial additional intangible benefits to the City. Further, Developer has agreed to pay fair market value for the City Property subject to the terms set forth in this Agreement. As such, the sale and development of the Project Site pursuant to this Agreement and the fulfillment generally of this Agreement are in the vital and best interests of the City, and the health, safety, morals and welfare of its residents and in accord with the public purposes and provisions of applicable federal, state and local laws and requirements. 1.3 Parties. 1.3.1 The City. The City is the City of Santa Ana, a municipal corporation of the State of California. The principal office of the City is located at 20 Civic Center Plaza, Santa Ana, California. 1.3.2 The Developer. The Developer is , a The principal address of the Developer is . Whenever the term "Developer" is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided. 1.3.2.1 The parties anticipate that a partnership or other entity (the "Partnership ") may be formed by the Developer for the purposes of acquiring and developing the Site, or any portion thereof. In the event such a Partnership is formed, and provided that an entity owned or controlled by constitutes the sole general partner or managing member of the Partnership, it is the understanding and agreement of the parties that this Agreement may be assigned to and assumed by such Partnership; provided that such Partnership shall assume all the obligations of the Developer hereunder, in form and content satisfactory to the City 1.3.2.2 The qualifications and identity of the Developer are of particular concern to the City, and it is because of such qualifications and identity that the City has entered into this Agreement with the Developer. Except as otherwise provided in this Subsection 1.3.2, no voluntary or involuntary successor in interest of the Developer shall acquire any rights or powers under this Agreement, and the Developer shall not assign all or any part of this Agreement without the prior written approval of the City, which approval will be in the City's sole discretion exercised in good faith. This Agreement may be terminated by the City if there is any significant change (voluntary or involuntary) in the management or control of the Developer without City's prior written approval, which approval will not be unreasonably withheld. Except as otherwise provided in this Agreement, for an approved assignment to be effective, the Developer and assignee shall enter into an assignment and assumption agreement in a form reasonably approved by the City. 55394.00000\29008220.1 65A -6 1.3.2.3 Notwithstanding the foregoing, the following assignments or transfers of this Agreement and the Project Site shall be permitted: 1.3.2.3.1 the sale or lease of commercial, restaurant or caf6 space to tenants or end - users, for occupancy upon completion; 1.3.2.3.2 an assignment as security for a construction and /or development loan from a lender, subject to the approval by City pursuant to this Agreement, which approval shall not be unreasonably withheld, conditioned, or delayed; 1.3.2.3.3 an assignment to a Partnership, as authorized above and in compliance with this Section 1.3.2; or 1.3.2.3.4 any other assignment or transfer after the issuance of a certificate of occupancy for the Project. 1.4 The Project Site. The Project Site is comprised of the City Property, as generally shown on the Map of the Project Site attached hereto as Attaclunent No. 1. Article 2 DEFINITIONS 2.1 Definitions. Each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. 2.1.1 "City" and "Developer" shall have the definitions set forth in the 'Preamble, Recitals and Section 1.3. 2.1.2 "City Property" is defined in Recital A. 2.1.3 "Close of Escrow" is defined in Section 3.3.3. 2.1.4 "Damages" is defined in Section 3.12.3. 2.1.5 "Deposit' is defined in Section 3.2. 2.1.6 "Escrow Agent' is defined in Section 3.3. 2.1.7 "Feasibility Period" is defined in Section 3.2. 2.1.8 "Force Majeure" is defined in Section 6.3. 2.1.9 "Grant Deed" is defined in Section 3.3. 2.1.10 "Hazardous Materials" is defined in Section 3.12.5. 55394.00000\29008220.1 65A -7 2.1.11 "Improvements" means the private improvements to be developed on the Project Site as part of the Project, as more fully described in the Scope of Development. 2.1.12 "Indemnitees" is defined in Section 3.12.3. 2.1.13 "Outside Date" is defined in Section 3.3.3. 2.1.14 "Partnership" is defined in Section 1.3.2.1. 2.1.15 "Preliminary Title Report" is defined in Section 3.6. 2.1.16 "Purchase Price" is defined in Section 3.1. 2.1.17 "Project" is the mixed use hotel and commercial, restaurant and caf6 improvements to be developed on the Project Site, as more fully described in the Scope of Development, attached hereto and incorporated into this Agreement as Attachment No. 5. 2.1.18 "'Project Site" shall have the definition set forth in Recital C and Section 1.4. 2.1.19 Intentionally Blank 2.1.20 "Schedule of Performance" means the schedule attached hereto and incorporated into this Agreement as Attachment No. 4. 2.1.21 "Title Company" is defined in Section 3.9. Article 3 DISPOSITION OF TIDE PROJECT SITE 3.1 Purchase and Sale of the Project Site. The City agrees to sell to the Developer, and Developer agrees to purchase from the City, the City Property, within the time set forth in the Schedule of Performance. The purchase price for the City Property collectively shall be DOLLARS ($ .00) (the "Purchase Price "). The Purchase Price constitutes the fall fair market value of the City Property as determined pursuant to that certain appraisal of the City Property dated , 2016 conducted by and dated The City shall impose a lien on the property for the market value purchase of said property. Said lien shall be maintained for no less than 25 years. The City shall release the lien after 25 years and upon the developer's accomplishment of all performance requirements and terms of the loan as outlined in the DDA. The Developer and City both acknowledge and understand that the City is selling the City Property to Developer at market value with the intention of demolishing the existing panting 55394.00000A29008220.1 65A -8 garage and building a mixed use residential /retail /office/hotel project, and not for speculation in undeveloped land. 3.2 Deposit. Within five (5) days of the opening of the Escrow as set forth in Section 3.3 of this Agreement, Developer shall deposit Thousand Dollars ($ into an interest bearing escrow account with the Escrow Agent (the "Deposit "). The Deposit shall be fully refundable for 90 days following the Effective Date of this Agreement as set forth in the introductory paragraph herein, during which period Developer shall have the opportunity to detennine the suitability of the Property for Developer's intended use in its sole and absolute discretion (the "Feasibility Period "). In the event that Developer detennines prior to the expiration of the Feasibility Period that it does not desire to proceed with the Project, Developer may terminate this Agreement pursuant to Section 5.6 of this Agreement and the Deposit and all interest accrued shall be refunded to Developer in its entirety. If Developer does not terminate this Agreement prior to the end of the Feasibility Period, except as expressly set forth in Section 5.5, the Deposit shall become non - refundable in the event of termination of this Agreement by Developer as provided in Section 5.6 or based on Developer's default as provided in Section 5.7, the Deposit shall be retained by City as liquidated damages as more specifically described in Section 5.7 of this Agreement. DEVELOPER WILL PAY ALL FEES AND COSTS. 3.3 Escrow. The City agrees to open an escrow account with Title Company, located at , Santa Ana, CA , or any other escrow company approved by the City and the Developer, as escrow agent ( "Escrow Agent ") within the time established in the Schedule of Performance, attached hereto as Attachment No. 4. 3.3.1 This Agreement constitutes the joint escrow instructions of the City and Developer, and a duplicate original of this Agreement shall be delivered to the Escrow Agency upon the opening of escrow. The City and the Developer shall provide such additional escrow instructions as shall be necessary and consistent with this Agreement. The Escrow Agency hereby is empowered to act under this Agreement and, upon indicating its acceptance of the provisions of this Section 3.3 in writing, delivered to the City and to the Developer within five (5) days after the opening of the escrow, shall carry out its duties as Escrow Agency hereunder. 3.3.2 The City shall timely and properly execute, acknowledge and deliver to the Escrow Agent a grant deed (the "Grant Deed "), in the form attached hereto as Attachment No. 6, conveying to the Developer fee title to the City Property, subject to certain conditions as set forth therein, in accordance with the requirements of Section 3.5 of this Agreement. 3.3.3 [Intentionally Left Blank] 3.3.4 The Developer shall pay into escrow to the Escrow Agent the following fees, charges, and costs promptly after the Escrow Agent has notified the Developer of the amount of such fees, charges, and costs, but not later than five (5) business days after opening an escrow: 3.3.4.1 The escrow and recording fees; 55394.0000M29008220.1. 65A-9 3.3.4.2 The premiums for title insurance attributable to a CLTA standard form policy, to be paid by the City as set forth in Section 3.9 of this Agreement hereof, 3.3.4.3 Any increase in title insurance premiums attributable to an ALTA title insurance policy, and for all special endorsements, if and as requested by the Developer as set forth in Section 3.9, below. 3.3.4.4 Costs necessary to place the title to the City 'Property in the condition for conveyance required by the provisions of this Agreement; 3.3.4.5 Recording fees; 3.3.4.6 Notary fees; 3.3.4.7 Any state, county, or city documentary transfer tax, and 3.3.4.8 Ad valorem taxes, if any, upon the City Property for any time prior to conveyance of the City Property interest to Developer. 3.3.5 Upon receiving a written certification from both the City and the Developer that the conditions for conveyance to the Developer of the City Property have either been satisfied or waived and instructing the Escrow Agent to close escrow, and upon delivery of the Grant Deed and funds pursuant to Section 3.7 of this Agreement, the Escrow Agent shall record the Grant Deed in accordance with the terms and provisions of this Agreement (the "Close of Escrow "). The Close of Escrow shall occur not later than 20 (the "Outside Date "). The Escrow Agent is further authorized to: 3.3.5.1 Pay and charge the Developer for any fees, charges, or costs payable pursuant to this Agreement. Before such payments are made, the Escrow Agent shall notify the City and the Developer of the fees, charges, and costs necessary to clear title and close the escrow; 3.3.5.2 Disburse funds and deliver any documents to the parties entitled thereto when the conditions of this escrow have been fulfilled by the City and Developer; and 3.3.5.3 Record the Grant Deed and any other instruments delivered through escrow, if necessary or proper, to vest fee title in the Developer in accordance with the terms and provisions of this Agreement, and pay any transfer tax from the escrow funds required by law. 3.3.6 All funds deposited with the Escrow Agent shall be delivered by wire transfer or other certified immediately available funds, and shall be deposited by the Escrow Agent with other escrow funds of the Escrow Agent in a general escrow account or accounts with any state or national bank doing business in the State of California. Such fiords may be transferred to any other general escrow account or accounts. All disbursements shall be made by check of the Escrow Agent, or by wire transfer if authorized by the Parties. 55394.00000\29008220.1 65A -10 3.3.7 In addition to the rights of the parties set forth in Article 5, if the escrow is not in condition to close before the outside date for conveyance as set forth in the Schedule of Performance, then either party who then shall have fully performed their respective obligations set forth in this Agreement may, in writing, terminate this Agreement as set forth in Sections 5.5 or 5.6 hereof, as the case may be, and demand the return of its money, papers or documents. Thereupon all obligations and liabilities of the Parties under this Agreement shall terminate in the manner set forth in Section 5.5 or 5.6 hereof, as the case may be, except any provisions which specifically provide for survival shall survive such termination and remain in full force and effect. If neither party shall have fully performed the acts to be performed before the time for conveyance set forth in the Schedule of Performance, no termination or demand for return shall be recognized until ten (10) days after the Escrow Agent shall have mailed copies of such demand to the other party or parties at the address of its or their principal place or places of business. If any objections are raised within the ten (10) day period, the Escrow Agent is authorized to hold all money, papers and documents with respect to the City Property until instructed in writing by both the City and the Developer or upon failure thereof by a court of competent jurisdiction. If no such demands are made, the escrow shall be closed as soon as possible. Nothing in this Section 3.3.5 shall be construed to impair or affect the rights or obligations of the City or the Developer to specific performance. 3.3.8 Any amendment of these escrow instructions shall be in writing and signed by both the City and the Developer. At the time of any amendment, the Escrow Agent shall agree to carry out its duties as Escrow Agent under such amendment. 3.4 Conveyance of Title and Delivery of Possession. Provided that Developer is not in default under this Agreement and all conditions precedent to such conveyance have occurred, and subject to any mutually agreed upon extensions of time, conveyance to the Developer of fee title to the City Property shall be completed on or prior to the date specified in the Schedule of Performance, or any extension of such time as may be mutually agreed to by the parties. Possession shall be delivered to the Developer concurrently with the conveyance of the City Property. The Developer shall accept its fee title and possession on or before said date. 3.5 Conditions Precedent to Conveyance. Close of escrow and conveyance of the City Property to the Developer shall be contingent upon satisfaction (or waiver by the party benefiting from such condition) of the following conditions precedent: 3.5.1 For Benefit of Developer: 3.5.1.1 Before the Close of Escrow, City shall not be in default in any of its obligations under the teens of this Agreement and all representations and warranties of City contained herein shall be true and correct in all material respects. 3.5.1.2 Developer shall have reviewed and approved the condition of title of the City Property, as provided in Section 3.6 hereof 3.5.1.3 Developer shall have reviewed and approved the environmental condition of the Site. 55394.00000A29008220.1 65A-1 1 3.5.1.4 City shall have executed and delivered the Grant Deed to the Escrow Agent 3.5.1.5 City shall have executed and delivered the Reciprocal Easement Agreement to the Escrow Agent. 3.5.1.6 Developer has received all City approvals required for the development of the Project, including all required discretionary entitlements, design review, and approval of Developer's construction plans and drawings for the Project and all appeal periods for such approvals have expired; 3.5.1.7 The Title Company shall be ready, willing, and able to issue the Title Policy to Developer at the Close of Escrow, subject only to the permitted exceptions described in Section 3.6.2; and 3.5.2 For Benefit of City: 3.5.2.1 Before the Close of Escrow, Developer shall not be in default in any of its obligations under the terns of this Agreement and all representations and warranties of Developer contained herein shall be true and correct in all material respects. 3.5.2.2 Developer shall have reviewed and approved the condition of title of the City Property, as provided in Section 3.6 hereof. 3.5.2.3 Developer shall have reviewed and approved the environmental condition of the Project Site, as provided in Section 3.12 hereof. 3.5.2.4 Developer shall have executed and delivered the Reciprocal Easement Agreement to the Escrow Agent; 3.5.2.5 Developer shall have delivered the Purchase Price to the Escrow Agent; 3.5.2.6 Developer shall have paid into escrow all fees and costs associated with the transaction; 3.5.2.7 Developer's final construction plans and drawings for the Project have been approved by the City, pursuant to Section 4.4; 3.5.2.8 The Developer shall prepare a complete environmental documents consistent with the California Environmental Quality Act (CEQA) for the proposed project. The construction management and mitigation plan shall be discussed and analyzed as part of the environmental review process prior to final approvals. 5 5 3 94.00000129008220. 1 65A812 3.5.2.9 Developer has received all City approvals and necessary entitlements required for the development of the Hotel Project, at its own expense, including all required discretionary entitlements, design review, and all appeal periods for such approvals have expired; 3.5.2.10 Developer has provided evidence, satisfactory to City in its sole and discretion exercised in good faith, that Developer has sufficient and binding financing commitments to complete the Project; 3.5.2.11 Developer has an executed construction contract for the Project with its general contractor; 3.5.2.12 Developer has delivered to the City proof of insurance, in compliance with Section 4.6 hereof, 3.5.2.13 Developer shall have obtained the commitments and approvals necessary to develop and operate the hotel component of the Project as a minimum three (3) star on the Project Site. 3.6 Conditions of Title. Within 30 days following execution of this Agreement, the City will submit to the Developer for review and approval a preliminary title report for the City Property, together with a copy of all underlying documents referred to therein ( "Preliminary Title Report"), and will further provide an updated preliminary report at such time that the City takes fee title to the Successor Agency Parcels, and thereafter from time to time upon reasonable request of the Developer. The Developer shall approve or disapprove the Preliminary Title Report within the time established in the Schedule of Performance. Failure by the Developer to approve within such time shall be deemed disapproval. 3.6.1 The Developer shall be responsible for any costs and expenses necessary to place title to the City Property in the condition for conveyance of fee title to the City Property to the Developer as required hereunder. If the Developer disapproves any title exception reflected in the 'Preliminary Title Report (or any updated preliminary report), and the City, within ten (10) days thereafter gives Developer written notice that the City elects not to remove such exception, the Developer may elect, within ten (10) days of receipt of the City's notice, to accept fee title to the Project Site subject to such exception or to terminate this Agreement by providing written notice thereof to the City. Notwithstanding the foregoing, City shall, without the requirement of Developer to object or City to refuse, remove all monetary liens (other than property taxes or assessments for amounts not yet delinquent) from the title to the City Property delivered to Developer at Close of Escrow, and shall remove from title or otherwise satisfy all exceptions it otherwise agrees to remove, in a form that is reasonably satisfactory to Developer prior to the Closing Date. 3.6.2 The City shall convey to the Developer fee interest in the City Property free and clear of all recorded liens, encumbrances, assessments, leases and taxes, except easements of record and encumbrances that are consistent with this Agreement or approved in writing by the Developer. 55394.00000 \29008220.1 65A -13 3.7 Time for and Place of Delivery of Grant Deed. Subject to any mutually agreed upon extensions of time, the City shall deposit the Grant Deed for the City Property with the Escrow Agent on or before the date established in the Schedule of Performance for the conveyance of fee title to the City Property to Developer. Developer shall deposit the Purchase Price and all sums required hereunder with the Escrow Agent prior to the date for conveyance thereof, provided that the Escrow Agent shall have notified the Developer in writing that the Grant Deed, properly executed and acknowledged by the City, has been delivered to the Escrow Agent and that title is in condition to be conveyed in conformity with the provisions of Section 3.4 of this Agreement. 3.8 Recordation of Grant Deed and Reciprocal Easement Agreement. Upon close of escrow, the Escrow Agent shall record the Grant Deed, and subsequently record the Reciprocal Easement Agreement, in the land records of the Office of the County Recorder of Orange County, and shall deliver to the Developer, with a copy to the City, the title insurance policy insuring fee title to the City Property, in conformity with this Agreement. 3.9 Title hisurance. Concurrently with recordation of the Grant Deed, Title Company or another title insurance company satisfactory to the City and the Developer having equal or greater financial responsibility ( "Title Company"), shall provide and deliver to the Developer a title insurance policy issued by the Title Company insuring that title to the City Property is vested in the Developer in the condition required by this Agreement, and shall provide the City with a copy of the title insurance policy. The face amount of the title policy shall be shall be equal to the Purchase Price. 3.9.1 The Developer shall pay for the title insurance premium attributable to a CLTA standard form policy of title insurance for the City Property. The Title Company shall, if requested by the Developer, provide the Developer with an endorsement to insure the amount of the Developer's estimated development costs of the improvements to be constructed upon the Project Site. The Developer shall pay the entire premium for any increase in coverage and special endorsements, including extended ALTA coverage, if any, that may be requested by it. 3.10 Delivery of Possession. The City Property shall be conveyed to Developer free of any possession or right of possession by any person. 3.11 Payment of Taxes. All general and special real property taxes, bonds and assessments, if any, on the City Property, and taxes upon this Agreement or any rights hereunder, levied, assessed or imposed for any period commencing prior to the close of escrow for the sale of the City Property to Developer shall be borne by the City. All general and special real property taxes, bonds and assessments levied or imposed for any period commencing after close of escrow for sale of the City Property to Developer shall be paid by the Developer. 3.12 Inspections and Conditions of the Project Site. 3.12.1 Inspections. Within the time established in the Schedule of Performance, the Developer shall, at its sole cost, conduct any additional investigation of the City Property, its physical condition, the soils and toxic conditions of the City Property and all other matters which in the Developer's sole and absolute judgment affect or influence the Developer's proposed use 55394.00000\29008220.1 65A-14 10 of the City Property and the Developer's willingness to develop the City Property pursuant to this Agreement. The Developer's investigation may include, without limitation, the preparation by a duly licensed soils engineer of a Phase One environmental assessment for the City Property. Within the time set forth in the Schedule of Performance, the Developer shall provide written notice to the City of the Developer's determinations concerning the suitability of the physical condition of the City Property. If, in the Developer's reasonable judgment, the physical condition of the City Property is unsuitable for the use or uses to which the City Property will be put, then the Developer in Developer's sole and absolute judgment shall have the option either: (a) to take any action necessary to place the City Property in a condition suitable for development, at no cost to the City; or (b) to terminate this Agreement by delivering written notice thereof to the City. If the Developer has not notified the City of its determinations concerning the suitability of the physical condition of the City Property within the time set forth in the Schedule of Performance (or any extension of such time mutually agreed to by the parties), the City shall have the right to terminate this Agreement pursuant to Section 5.6 hereof. 3.12.2 "As -Is ". In addition to the environmental assessments referenced above, the City shall deliver to the Developer all other information of which it has actual knowledge concerning the physical condition of the City Property, including, without limitation, information about any Hazardous Materials. The Developer acknowledges that the City Property is being acquired "as is ", in its current physical condition, with no warranties, express or implied, as to the physical condition thereof, the presence or absence of any latent or patent condition thereon or therein, including, without limitation, any Hazardous Materials thereon or therein, and other matters affecting the City Property. 3.12.3 Indemnity. The Developer agrees, from and after the date of recording of the Grant Deed conveying fee interest in the Project Site to the Developer under this Agreement, to defend, indemnify, protect and hold harmless the City and its officers, beneficiaries, employees, agents, attorneys, representatives, legal successors and assigns ( "Indemnitees ") from, regarding and against any and all liabilities, obligations, orders, decrees, judgments, liens, demands, actions, claims, losses, damages, fines, penalties, expenses, or costs of any kind of nature whatsoever, together with fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees) ( "Damages ") whenever arising, not caused in whole or in part by the City resulting from or in connection with the actual or claimed generation, storage, handling, transportation, use, presence, placement, migration, and /or release of Hazardous Materials (as defined herein), at, on, in, beneath, or from the City Property, except if such Damages (a) resulted from fraud, negligence, misrepresentation, or failure to disclose by the Indemnitees, or (b) were caused in whole or in part by the Indemnitees. The Developer's defense, indemnification, protection and hold harmless obligations herein shall include, without limitation, the duty to respond to any governmental inquiry, investigation, claim or demand regarding the any Hazardous Materials condition, at the Developer's sole cost. 3.12.4 Release and Waiver. The Developer hereby releases and waives all rights, causes of action and claims the Developer has or may have in the future against the Indemnitees arising out of or in connection with any Hazardous Materials (as defined herein), at, on, in, beneath or from the City Property, except if such cause of action arises from the negligent or fraudulent misrepresentation or failure to disclose by the City relating to a representation or warranty of City which is false or misleading. 5 53 94.00000,29008220.1 65A -15 3.12.5 Hazardous Materials Defined. As used in this Agreement, the term "Hazardous Materials" means any substance, material or waste that is (1) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of California law; (2) petroleum; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Section 1251 et seq. (33 U.S.C. Section 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Section 1317); (7) defined as a "hazardous substance" pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA "), 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property. 3.12.6 Materiality. The Developer acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of the Developer for the benefit of the City set forth in this Agreement are a material element of the consideration to the City for the performance of its obligations under this Agreement, and that the City would not have entered into this Agreement unless the Developer's obligations were as provided herein. 3.13 Preliminary Work and Right of Entr y. Prior to the conveyance of fee interest in the City Property to the Developer, representatives of the Developer shall have the right of access to the City Property at all reasonable times for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. The City may require the Developer to execute a commercially reasonable right of entry agreement satisfactory to the City prior to entry onto the City Property for such purpose. The Developer's inspections, examination, testing, survey and review of the City Property shall be at the Developer's sole cost and expense. The developer shall obtain the City's consent in writing prior to any proposed physical testing of the City Property, which consent shall not be unreasonably conditioned, withheld or delayed. The Developer shall repair, restore and return the City Property to its original condition after such physical testing, at Developer's sole cost and expense, provided that Developer shall have no obligation to remediate Hazardous Materials discovered during such testing. The Developer shall schedule any such inspections during normal business hours unless otherwise approved by the City. During this inspection period, the Developer shall at all times keep the City Property free and clear of any liens and encumbrances created by Developer. 3.14 City Property Data and Information. The City shall make all data and information pertaining to the City Property available to the Developer. The City makes no warranty or representations, however, as to the completeness, correctness, or validity of such data and information. Copies of final data, surveys, and tests obtained or made by the Developer on the City Property shall be filed with the City. Any preliminary work by the Developer shall be undertaken only after securing any necessary permits for such preliminary work from the appropriate governmental agencies. 55394.00000\29008220. l 65A -16 3.15 Indemnity for Entry on City Propert y. Without limiting any other indemnity provisions set forth in this Agreement, the Developer shall indemnify, defend (with counsel approved by the City) and hold the City and its elected and appointed officers, officials, employees, contractors, agents and representatives harmless from and against all injury, damages, liability, loss, cost, claim, demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine, or other expense resulting from or arising in connection with entry upon the City Property by the Developer or Developer's representatives or agents pursuant to this Agreement, except to the extent caused by pre- existing conditions (such as Hazardous Materials) or the negligence or willful misconduct of City. The Developer's indemnification obligations set forth in this Section 3.15 shall survive the close of escrow and termination of this Agreement. Prior to Developer's entry upon the City Property, the Developer shall provide the City with a certificate or other proof of insurance meeting the requirements set forth in this Agreement. 3.16 Submission of Evidence of Equity Capital and Mortgage Financing. If the Developer finances the development of the Project and related activities, all such financing (construction and permanent) shall be subject to the approval of the City, which approval will not be unreasonably withheld, conditioned, or delayed. No later than the time specified in the Schedule of Performance, the Developer shall submit to the City evidence satisfactory to the City that the Developer has the equity capital and commitments for financing necessary for development of the Project. The City shall approve or disapprove such evidence of financing commitments within the time established in the Schedule of Performance. Article 4 DEVELOPMENT OF THE PROJECT SITE 4.1 Reparcelization of the Project Site. Prior to conveyance of the City Property, the Developer shall, at the Developer's sole cost and expense, take all actions necessary to obtain approval from the City of a parcel map, lot line adjustment or other actions, as required by the City, to reparcelize the Project Site to create one or more legal parcels to enable development of the Project, with the resulting parcel map, lot line adjustment or other instrument used to reparcelize the Site to be recorded concurrent with the conveyance of the City Property. [MAY NOT BE NECESSARY] 4.2 Scope of Development. The Developer shall develop the Project on the Project Site, as provided in the Scope of Development, all in accordance with plans approved by the City, including the following: 4.2.1 A minimum three (3) -star hotel component, consisting of no fewer than 60 rooms is a required component of the proposed project. The hotel may be built at the same time as the rest of the project or in a subsequent phase, as described by the developer with a justification for its phasing and timing. Developer must submit documentation to verify a commitment from a major hotel, development proforma for the hotel, and signed labor agreements as required but the City in order to meet the hotel component requirement for the project. 4.2.2 Developer shall reconstruct Sycamore Street between 3rd Street and 4th Street for all modes of transportation at the developer's expense. The reconstruction of Sycamore Street 55394.00000\29008220.1 65AA 7 shall be performed according to all zoning, open space, and public right -of -way standards to the satisfaction of the Planning and Building and Public Works Agencies. 4.2.3 Developer shall improve the alley adjacent to the property according to specifications determined during the entitlement review process. 4.2.4 Developer shall remove the existing pedestrian bridges. 4.3 Covenant to Operate Retail Uses on Ground Floor. The Developer hereby covenants that the ground floor of the Project as described in the Scope of Development shall be used exclusively for pedestrian oriented commercial uses, and no other use shall be pennitted without the written consent of the City. This covenant shall be incorporated into the Grant Deed conveying the City Property from the City to Developer. 4.4 Development Review. Within the times established in the Schedule of Performance, the Developer shall submit to the City for review and approval all construction plans, drawings and related documents for the construction and development work to be done on the City Property. The new development project shall be designed by a highly credible design team to exemplify the City's commitment to excellent design and sustainability in Santa Ana, including earthquake /seismic standards. Final construction plans and drawings are defined as those in sufficient detail to obtain a building permit. 4.4.1 The Developer shall obtain all approvals and permits that may be required under the City's normal plan check, development review and approval process for the construction and development work to be completed on the City Property, or applicable portion thereof, and shall pay all fees and costs associated with such review consistent with the City's normal entitlement process. The Project, and all plans, drawings and related documents for the development of the City Property, shall be consistent with the City's General Plan and Zoning Code. During the preparation of any drawings and plans for the development and construction work to be completed on the City Property, the Developer shall meet with City staff and communicate and consult informally and as frequently as is necessary to ensure that the formal submittal of any documents to the City pursuant to this Section 4.4 can receive prompt consideration. 4.4.2 The City shall approve or disapprove the plans, drawings and related documents submitted pursuant to this Section 4.4 in accordance with City's normal plan check procedures. Any disapproval shall state in writing the reasons for disapproval and the changes that the City requests be made. Such reasons and such changes must be consistent with the Scope of Development and any items previously approved hereunder by the City. The Developer, upon receipt of a disapproval, shall revise such plans, drawings and related documents and resubmit them to the City as soon as possible after receipt of the notice of disapproval, provided that in no case shall the City be entitled to require changes inconsistent with the Scope of Development and any previously approved items. 4.4.3 If the Developer desires to make any material change in the construction plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the construction plans, as modified by the proposed change, conform to the 55394.00000\29008220.1 65A-1 118 requirements of this Section 4.4, and other approvals previously granted by the City under this Agreement and the Scope of Development, the City shall approve the proposed change and notify the Developer in writing within thirty (30) days after submission to the City. 4.4.4 Based on the development and preliminary plans provided by Developer for the Project under this Agreement, City staff has made an initial determination that the development of the Hotel Project may have significant environmental impacts requiring the preparation of an Environmental Impact Report. 4.5 Schedule of Performance. The Developer shall provide a detailed construction schedule, staging, and management plan to be reviewed and approved by the City to eliminate or mitigate impacts to the surrounding businesses and the public during construction. The Developer agrees to perform and advance development of the Project consistent with the Schedule of Performance attached hereto as Attachment No. 4. The Schedule of Performance is subject to revision as mutually agreed upon in writing between the Developer and the City pursuant to this Agreement. The City Manager shall have the authority to approve in writing, on behalf of the City, any such extensions of time he or she deems reasonable and appropriate, in accordance with the requirements of this Agreement. 4.5.1 The City shall convey property titles immediately prior to a previously scheduled and fully authorized demolition of the existing improvements on the property. 4.5.2 The demolition of the existing improvements and subsequent construction of the new project shall take place consistent with agreed upon terms and timelines set forth in the DDA. 4.6 Bodil�Injury and Property Damage Insurance. Prior to the commencement of any work on the Project Site, including any preliminary work performed by the Developer pursuant to Section 3.13, the Developer shall furnish, or cause to be furnished to the City duplicate originals or appropriate certificates of insurance evidencing commercial general liability insurance on an occurrence basis insuring against bodily injury and property damage in a combined single limit of liability per occurrence in the amount of ONE MILLION DOLLARS ($1,000,000), general aggregate limit of TWO MILLION DOLLARS ($2,000,000) and builder's all risk insurance in an amount not less than the full insurable value of the improvements on the Site on a replacement cost basis, together with endorsements naming the City, and its elected and appointed officers, officials, employees, contractors, agents and representatives, as additional insureds. Developer shall further provide evidence of automobile liability insurance on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than TWO MILLION DOLLARS ($2,000,000) per occurrence, covering owned, non -owned and hired automobiles. Developer shall also provide evidence of worker's compensation insurance in the statutory amount required by law. Developer's contractor, and subcontractors if any, shall also submit evidence of liability insurance in the same form and amount as required by Developer. 4.6.1 The certificates of insurance shall be accompanied by all appropriate endorsements, and shall set forth the names of the insurance carriers, the policy numbers, the 55394.00000\29008220.1 65A -19 coverage limits, any applicable deductible or retention, and the policy effective and expiration dates. The certificates of insurance shall also evidence that: (a) Developer has procured and paid for the foregoing insurance coverage from companies either (i) having an A.M. Best rating of "A VII" or higher or (ii) otherwise acceptable to City in its sole discretion; (b) the person executing the insurance certificates is authorized by the applicable insurance carriers to do so; and (c) all insurance coverages required to be maintained by Developer pursuant to this Section 4.6 provide coverage on an "occurrence" basis and not on a "claims made" basis. The insurance certificates shall state that the insurer will provide Agency with thirty (30) days written notice in case of cancellation or non - renewal. 4.6.2 The insurance policies required by this Section 4.6 shall be endorsed by Developer's insurance carriers to reflect (a) that the coverages provided pursuant to the policies required by this Section 4.6, including any excess or umbrella policies, are primary over any other insurance coverage that may be available to City, and (b) that any other insurance coverage that may be available to City shall be excess over the coverages provided by the policies required by this Section 4.6, including any excess or umbrella policies, and (c) that the coverages provided pursuant to the policies required by this Section 4.6, including any excess or umbrella policies, shall not require contribution of any other insurance coverage that may be available to City, regardless of how such other insurance coverage of City is structured to apply in other insurance situations. Further, all policies, including excess or umbrella policies, shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross -suits exclusions, cross - liability exclusions, or insured versus insured exclusions. 4.6.3 In addition to the insurance requirement of this Section 4.6, the Developer agrees to and shall indemnify, protect, defend and hold the City, its elected and appointed officers, directors, employees, agents and representatives, harmless from and against all liability, loss, damage, costs or expenses (including reasonable attorneys' fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or to the property of any person which shall occur on or adjacent to the City Property, or applicable portion thereof, and which is not caused by the act or negligence of the City, or its officers, agents, servants, employees or contractors. 4.7 City and Other Governmental Agency Permits. Prior to the commencement of any construction and development (or any work related thereto) upon the City Property, the Developer shall, at its own expense, secure, or cause to be secured, any and all approvals and permits which may be required by the City or any other governmental agency affected by such construction. All site work and construction activities shall be undertaken in accordance with the requirements of the City, and other applicable local, regional, state and federal rules, regulations and standards, including but not limited to: City building permit; grading permit; approved development plans; design review, and conditions specified in City conditional use permit. The Developer agrees to defend, indemnify, protect and hold harmless the City and its officers, employees, and agents from, regarding and against any and all liabilities, obligations, orders, claims, damages, fines, penalties and expenses of any kind whatsoever, together with fees (including, without limitation, reasonable attorneys' fees), whenever arising, resulting from or in 55394.00000\29008220.1 65A -20 connection with the obligation to comply with all laws with respect to the construction of the Project, including, without limitation, all applicable federal and state labor laws and standards. 4.8 Rights of Access during Construction. For the purposes of assuring compliance with this Agreement, representatives of the City shall have the reasonable right of access to the City Property without charges or fees, at normal construction hours during the period of construction and development for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing and developing the improvements. Nothing contained in this Section 4.8 shall be, or be deemed to be, a limitation of the rights of the City, tinder its regulatory authority, to access the City Property and inspect the City Property or the improvements being constructed thereon. 4.9 Anti - Discrimination. The Developer, for itself and its successors and assigns, agrees that in the construction and development of improvements on the Project Site as provided for in this Agreement, the Developer will not discriminate against any employee or applicant for employment on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Goverranent Code. 4.10 Certificate of Com legion. Upon the completion of the construction and development of any portion of the Project, the Developer shall send a written request to the City and the City shall furnish the Developer with a Certificate of Completion for such work, in a form suitable for recording in the Official Records of Orange County, California. A Certificate of Completion is not a Certificate of Occupancy as may be issued by the City. The Certificate of Completion shall be, and shall so state, conclusive determination of satisfactory completion of the construction and development work to be completed on that portion of City Property, as required by this Agreement. The City shall not unreasonably withhold the Certificate of Completion. If the City refuses or fails to furnish a Certificate of Completion for any portion of the City Property after written request from the Developer, the City shall provide the Developer with a written statement of the reasons the City refused or failed to furnish a Certificate of Completion. The statement shall also contain the City's opinion of the action the Developer must take to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate unavailability of specific items or materials for landscaping or monuments not a part of a structure, the City may issue its Certificate of Completion upon the posting of a bond by the Developer in an amount representing a fair value of the work not yet completed. After recording of a Certificate of Completion, any party then owning or thereafter leasing, subleasing, or otherwise acquiring any interest in that portion of the City Property covered by a Certificate of Completion shall not (because of such lease, sublease or acquisition) incur any obligation or liability under this Agreement. A Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation by the Developer to any holder of a mortgage or any insurer of a mortgage 55394.00000\29008220.1 65A -21 securing money loaned to finance the improvements or any part thereof A Certificate of Completion is not notice of completion as referred to in California Civil Code Section 3093. Prior to issuance of final certificates of occupancy, general, standard, and specific conditions and obligations set forth for this project shall be met within the timelines outlined in the DDA. 4.11 Records. The Developer shall maintain in accordance with generally accepted accounting principles, complete books and records relating to the construction, and development of the Project. Upon request for examination by the City, the Developer during all normal business hours, shall make available all of its records with respect to all matters covered by this Agreement. Developer shall permit the City to audit, examine and make excerpts or transcripts from these records. 4.12 Prevailing Wages. The parties contemplate that the construction of the Project pursuant to this Agreement will be subject to the payment of prevailing wages under Labor Code Section 1720, et seq. Accordingly, the Developer shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) the City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure of Developer or its contractors to pay prevailing wages if and to the extent required by law or to comply with the other applicable provisions of Labor Code Sections 1720 et se q. and implementing regulations of the Department of Industrial Relations in connection with construction of the Project. The foregoing indemnity shall survive any termination of this Agreement. Additionally, the hotel component shall employ unionized labor at prevailing wages for its operations. 4.13 Labor Agreement Requirement. 4.14 Hotel Tax Rebate Incentive. A hotel tax rebate incentive may be negotiated between the City and the hotel operator consistent with the City's Hotel Incentive Program. 4.15 Parking. 4.15.1 The developer will not be required to replace the existing public parking. Therefore, no public funds shall be directed to the development project for the purpose of creation of public parking. 4.15.2 The City and the developer will review and resolve all existing parking obligations associated with the existing municipal parking structure. 4.15.3 The City shall be responsible for removing all City parking equipment prior to commencement of demolition. 4.15.4 The developer shall provide a Parking Management Agreement. Part of that agreement will include provisions for the City to maintain and operate the parking structure until such time that the property must be prepared for demolition. 4.15.5 Existing street parking meter and parking activity must remain intact. 55394.00000A29008220.1 65A -22 4.16 Community Outreach. Developer is required to provide Community Outreach with all stakeholders to hear and address concerns over parking and construction during and after construction. 4.17 Staging Locations. Developer shall be fully responsible for securing and leasing staging locations at the developer's expense to the satisfaction of the City. The construction staging location and equipment shall not impede day -to -day activities in surrounding areas. Article 5 DEFAULTS AND REMEDIES 5.1 Default. Subject to extensions of time set forth herein, or any other extension of time that may be agreed to by the parties, and the specific remedies set forth in sections 5.5 -5.7 below, failure or delay by either party to perform any tenn or provision of this Agreement constitutes a default under this Agreement. The non- defaulting party shall notify the defaulting party that a default exists and that the defaulting party must cure or commence to cure and diligently prosecute to completion any such default within thirty (30) days of receipt of the notice of default. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. If the default is not commenced to be cured within thirty (30) days after service of the notice of default and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement, the defaulting party shall be liable to the non - defaulting party for damages caused by such default. Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies. 5.2 Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default or to obtain any other remedy (including specific performance) consistent with the purpose of this Agreement. Such legal actions roust be instituted in the Superior Court of the County of Yolo, State of California, in any other appropriate court in that county, or in the Federal District Court in the Eastern District of California. Further, the non - defaulting party may file legal action to require the defaulting party to specifically perform the terms and conditions of this Agreement. 5.3 Applicable Law. The laws of the State of California, excepting those provisions dealing with choice of law, shall govern the interpretation and enforcement of this Agreement. This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with herein. In addition, each party has been represented by 55394.00000\29008220.1 65A-23 experienced and knowledgeable legal counsel. Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purposes of the parties and this Agreement. 5.4 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the other party. 5.5 Termination by the Developer Prior to Conveyance. In the event that prior to conveyance of the City Property to the Developer: 5.5.1 If the Developer identifies any existing contamination on the City Property, and the Developer elects not to remediate any such existing contamination, or for any other reason the Developer determines that the condition of the City Property is not suitable for development pursuant to this Agreement; or 5.5.2 If any of the Developer's conditions precedent to conveyance are not satisfied by the time set forth in this Agreement despite City's good faith efforts to do so, and such failure is not cured within thirty (30) days after written notice from Developer or, if such failure cannot be reasonably cured within such 30 day period, the City is not diligently acting to cure such failure in a timely manner; or 5.5.3 Subject to Force Majeure, all conditions precedent to conveyance are satisfied or waived by the party benefiting from such condition and the City, despite City's good faith efforts, is unable to tender conveyance of fee interest in the City Property or possession thereof in the manner and condition and by the date provided in this Agreement, and any such failure is not cured within fifteen (15) days after written demand by the Developer or, if such failure cannot be reasonably cured within such fifteen (15) day period, the City is not diligently acting to cure such tenure In a timely manner; or 5.5.4 The Developer is unable, despite diligent efforts, to secure reasonable financing necessary for development of the City Property, or otherwise determines that the development of the City Property is not feasible due to the economic conditions then in existence, and the City and Developer are unable to mutually agree upon an alternative approach, which may include modifications or amendments to this Agreement; or 5.5.5 The City is in default under any other provision of this Agreement and such default is not cured within the applicable time periods; then this Agreement and any rights of the City or any assignee or transferee in this Agreement pertaining thereto or arising therefrom with respect to the Developer may, at the option of the Developer be terminated by written notice thereof to the City, as the Developer's sole and 55394.00000\29008220.1 65A 224 exclusive remedies for the matters described in this subsection. Upon such termination, and except for those provisions which are specifically intended to survive any termination of this Agreement, the parties shall have no further obligations to or rights against each other. Notwithstanding the foregoing, in the event that Developer terminates the Agreement pursuant to this Section 5.6 after the completion of the Feasibility Period, except for terminations based upon any default by City, the City shall retain the Deposit as liquidated damages as provided in Section 5.7 of this Agreement. 5.6 Termination by the City Prior to Conveyance. In the event that prior to conveyance of fee interest in the City Property to the Developer: 5.6.1 The Developer transfers or assigns this Agreement or any rights herein in violation of this Agreement; or 5.6.2 There is a change in the ownership or identity of the Developer or the parties in control of the Developer in violation of the provisions of this Agreement; or 5.6.3 The Developer does not submit the evidence required under Section 3.16 that it has the necessary commitment letters for financing for development of the City Property in the manner and by the date provided in this Agreement and such failure is not cured within thirty (30) days after written notice from City or, if such failure cannot be reasonably cured within such thirty (30) day period, the Developer is not diligently acting to cure such failure in a timely manner; or 5.6.4 The Developer does not submit the Deposit within the time provided herein; or 5.6.5 The Developer does not satisfy all its conditions precedent to Close of Escrow pursuant to this Agreement prior to the date set forth for Close of Escrow herein and such failure is not cured within fifteen (15) days after written demand by the City or, if such failure cannot be reasonably cured within such fifteen (15) day period, the Developer is not diligently acting to cure such failure in a timely manner, or 5.6.6 The Developer has failed to satisfy all of the conditions to Close of Escrow set forth herein prior to the Outside Date. 5.6.7 The Developer is in breach or default with respect to any other material obligation of the Developer under this Agreement prior to Close of Escrow; and if any default or failure referred to above shall not be cured within thirty (30) days after the date of written demand by the City or, if such default cannot be reasonably cured within such thirty (30) day period, the Developer is not reasonably acting to cure such default in a timely manner; then this Agreement, and any rights of the Developer or any assignee or transferee in this Agreement pertaining thereto or arising therefrom with respect to the City, may, at the option of the City, be terminated by the City by written notice thereof to the Developer, and provided such termination occurs after the end of the Feasibility Period, the City shall retain the Deposit as liquidated damages, and such liquidated damages and termination of this Agreement shall constitute the City's sole and exclusive remedies for the matters described in this subsection. Upon such termination, and 55394.00000\29008220.1 65A -25 except for those provisions which are specifically intended to survive any termination of this Agreement, the parties shall have no farther obligations to or rights against each other. 5.7 Liquidated Damages IF THIS AGREEMENT IS TERMINATED BY THE CITY FOR A DEFAULT OF THE DEVELOPER PRIOR TO CLOSE OF ESCROW OR BY DEVELOPER AFTER THE END OF THE FEASIBILITY PERIOD, THE DEPOSIT MAY BE RETAINED BY THE CITY AS LIQUIDATED DAMAGES AND AS ITS PROPERTY WITHOUT ANY DEDUCTION, OFFSET OR RECOUPMENT WHATSOEVER. IF THE DEVELOPER SHOULD DEFAULT UPON ITS OBLIGATIONS, MAKING IT NECESSARY FOR THE CITY TO TERMINATE THIS AGREEMENT AND TO PROCURE ANOTHER PARTY OR PARTIES TO REDEVELOP THE SITE IN SUBSTANTIALLY THE MANNER AND WITHIN THE PERIOD THAT SUCH SITE WOULD BE REDEVELOPED UNDER THE TERMS OF THIS AGREEMENT, THEN THE DAMAGES SUFFERED BY THE CITY BY REASON THEREOF WOULD BE UNCERTAIN. SUCH DAMAGES WOULD INVOLVE SUCH VARIABLE FACTORS AS THE CONSIDERATION THAT SUCH PARTY WOULD PAY FOR THE SITE; THE EXPENSES OF CONTINUING THE OWNERSHIP AND CONTROL OF THE SITE; OF INTERESTED PARTIES AND NEGOTIATING WITH SUCH PARTIES; POSTPONEMENT OF TAX REVENUES THEREFROM THE COMMUNITY; AND THE FAILURE OF THE AGENCY TO EFFECT ITS PURPOSES AND OBJECTIVES WITHIN A REASONABLE TIME, RESULTING IN ADDITIONAL IMMEASURABLE DAMAGE AND LOSS TO THE CITY AND THE COMMUNITY. IT IS IMPRACTICABLE AND EXTREMELY DIFFICULT TO FIX THE AMOUNT OF SUCH DAMAGES TO THE CITY, BUT THE PARTIES ARE OF THE OPINION, UPON THE BASIS OF ALL INFORMATION AVAILABLE TO THEM, THAT SUCH DAMAGES WOULD APPROXIMATELY EQUAL THE AMOUNT OF THE DEPOSIT HELD BY THE CITY AT THE TIME OF THE DEFAULT OF THE DEVELOPER, AND THE AMOUNT OF SUCH DEPOSIT SHALL BE PAID TO THE CITY UPON ANY SUCH OCCURRENCE AS THE TOTAL OF ALL LIQUIDATED DAMAGES FOR ANY AND ALL SUCH DEFAULTS AND NOT AS A PENALTY. IN THE EVENT THAT THIS PARAGRAPH SHOULD BE HELD TO BE VOID FOR ANY REASON, THE CITY SHALL BE ENTITLED TO THE FULL EXTENT OF DAMAGES OTHERWISE PROVIDED BY LAW. THE DEVELOPER AND THE CITY SPECIFICALLY ACKNOWLEDGE THIS LIQUIDATED DAMAGES PROVISION BY THEIR SIGNATURES HERE: 0 5.8 Termination Following Conveyance. Following conveyance of the City Property, in addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, or recover damages for any default, or to obtain any other remedy consistent 55394.00000\29008220,1 65A -26 with the purpose of this Agreement, including but not limited to specific performance under this Agreement. Article 6 GENERAL PROVISIONS 6.1 Conflicts of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. The Developer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. 6.2 Non-Liability of City Officials and Employees. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement, except as may be caused by intentional torts or criminal activities of any such City member, official or employee. Developer hereby waives and releases any claim it may have against the members, officials or employees of the City with respect to any default or breach by City or for any amount which may become due to Developer or its successors, or on any obligations under the terms of this Agreement, except as may be caused by intentional torts or criminal activities. 6.3 Force Majeure. Subject to the limitations set forth below, performance by any party under this Agreement shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insuffection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; litigation; unusually severe weather; acts or omissions of the other party; or other circumstances beyond the control of such party ( "Force Majeure "). An extension of time for any such cause shall be for the period of the force majeure delay and shall commence to run from the time of the commencement of the cause (but in any event shall not exceed a cumulative total of one hundred eighty (180) days), if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance Linder this Agreement may also be extended in writing by the mutual agreement of City and Developer. 6.4 Inspection of Books and Records. The City has the right, upon not less than seventy -two (72) hours' notice, at all reasonable times, to inspect the books and records of the Developer pertaining to the Project Site as pertinent to the purposes of this Agreement 6.5 Time is of the Essence. Time is of the essence in the performance of this Agreement. 6.6 Waiver. A waiver by one party of the performance of any covenant, condition or promise of the other party shall not invalidate this Agreement, nor shall it be considered to be a waiver by such party of any other covenant, condition or promise contained herein. The waiver of either or 55394.00000\29008220.1 65A-27 both parties of the time for performing any act shall not be construed as a waiver of any other act required to be performed at a later date. 6.7 Notices. All notices that are given pursuant to this Agreement shall be in writing. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card. Notices delivered by the United States Express Mail, Federal Express, Airborne Express or another overnight courier that provides next business day delivery (the "Express Courier ") shall be deemed given on the next business day after deposit of the same with the Express Courier. If any notice is transmitted by facsimile (fax) transmission or similar means, the same shall be deemed received or delivered upon the transmission thereof, provided a copy is also given via personal delivery or deposited with the Express Courier by no later than the next business day after such facsimile transmission. If notice is given or received on a Saturday, Sunday or legal holiday, or on a business day after 5:00 P.M., it shall be deemed given or received on the next business day. For purposes of notice, the addresses of the parties are as follows, which may be changed by five (5) days prior written notice: City: City of Santa Ana Attn: City Manager Telephone: Facsimile: With a copy to: City Attorney Developer: With a copy to: Attn: Telephone: Facsimile: Attn: Telephone: Facsimile: 6.8 Entire Agreement. This Agreement, including all attachments hereto, contains the entire agreement between the parties with regard to the Project Site and supersedes all prior written and /or oral representations and /or agreements, including, but not limited to, any letter of intent between the parties. 55394.00000\29008220.1 65 4 w8 6.9 Attorneys' Fees. If an action is filed by any of the parties hereto to enforce and /or interpret the terns of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 6.10 Days. In computing any period of time by days as provided in this Agreement, the date of the act, event or default from which the designated period of time begins to run will not be included. If the date for performance or last day of any time period stated in this Agreement falls on a day that is not a business day, then the due date or the duration of such time period will be extended so that it ends on the next succeeding day that is a business day. A "business day" is a day of the week that is not a Saturday, Sunday, or legal holiday recognized by the banks, United States Postal Service or the Recorder of the County. 6.11 Relationship of the Parties. Nothing in this Agreement is intended to create a partnership or joint venture between the parties or make one party the agent of the other. 6.12 Headings. Any headings or captions used herein are inserted only as a matter of convenience and for reference only and in no way defines limit or describe the scope of this Agreement nor the intent of any of the provisions hereof. 6.13 Context. The words or phrases that are not proper nouns that begin with capital letters are defined terns that have the meanings that are assigned to them in this Agreement. The singular form shall include the plural and vice versa; adverbs such as "herein," "hereto," and "hereunder" shall refer to this Agreement in its entirety and not to any specific section or paragraph; and the terms "include," "including," and similar terms shall be construed as though followed immediately by the phrase "but not limited to ". "Recorded" means to be recorded in the Official Records of the County of Yolo. Unless specified to the contrary, any reference to a section or paragraph shall be to a section or paragraph of this Agreement. All Attachments referred to in this Agreement are attached to it and incorporated herein and made a part of this Agreement by this reference. 6.14 Counterparts. This Agreement may be signed by the parties in different counterparts, and the signature pages combined shall create a document binding on all parties. 6.15 City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise or the context requires otherwise. 6.16 Modifications; Amendments. The Developer and City agree to mutually consider reasonable requests for amendments to this Agreement that may be made by any of the parties hereto, subtenants of Developer, lending institutions or bond counsel or financial consultants to Developer or the City, provided such requests are consistent with this Agreement and would not materially alter the basic business terms included herein. Any waiver, alteration, change, modification or amendment of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party. The City Manager shall be authorized to approve any modification or amendment to the Schedule of Performance or other minor modification or amendment hereto that does not alter the basic business terms included 65N -29 herein. Any substantive or significant alteration, change, modification or amendment of or to this Agreement shall require approval by the City Council. 6.17 Entire Agreement, Waivers and Amendments. This Agreement is executed in four (4) duplicate originals, each of which is deemed to be an original. This Agreement comprises pages 1 through _, inclusive, and Attachments Nos. 1 through which, together with all documents and agreements referenced herein, constitute the entire understanding and agreement of the parties with respect to the Project Site. This Agreement integrates all of the terms and conditions: mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. 6.18 Time for Acceptance of Agreement by Cit v_. This Agreement, when executed by the Developer and delivered to the City, must be authorized, executed and delivered by the City within thirty (30) days after the date of signature by the Developer or this Agreement shall be void, except to the extent that the Developer may consent in writing to farther extensions of time for the authorization, execution and delivery of this Agreement. The effective date of this Agreement shall be the date when this Agreement has been signed by the City. 55394.00000\29008220.1 65A2630 2016 "CITY" APPROVED AS TO FORM: City Attorney CITY OF SANTA ANA, a California Charter City By: Mayor ATTEST: By: City Clerk 2016 "DEVELOPER" 55394.00000\290082M 1 65A -31 ATTACHMENTS Attachment No. I Map of the Project Site Attachment No. 2 [Intentionally Blank] Attachment No. 3 Legal Description of the City Property Attachment No. 4 Schedule of Performance Attachment No. 5 Scope of Development Attachment No. 6 Form of Grant Deed Attachment No. 1 55394.00000A29008220.1 65A -32 ATTACHMENT NO. 1 Map of the Project Site Attachment No. 3 55394.00000A29008220.1 65A -33 ATTACHMENT NO. 2 [Intentionally Left Blank] Attachment No. 2 55394.0000029008220.1 65A -34 ATTACHMENT NO.3 Legal Description of the City Property Attaclunent No. 3 55394.00000A29008220.1 65A -35 1. 2. ATTACHMENT NO.4 SCHEDULE OF PERFORMANCE /MILESTONES Action Date Execution of Agreement by City. The City shall Within _ days after execution and delivery by authorize execution of this Agreement and deliver the Developer. his Agreement to the Developer. Submission of Preliminary Title Report. The City ! Within days following execution of shall cause to be prepared and delivered to the Agreement by City. Developer a Preliminary Title Report for the City i Property. - - 3. Approval of Preliminary Title Report. The Developer shall approve the Preliminary Title Report for the Site. 4. Feasibility Period. The ,Developer shall complete its investigations and approve or disapprove of the condition of the City Property, and decide whether to move forward with the Hotel Project. Within days after receipt of updated Preliminary Title Report from City (following acquisition of Successor Agency Parcels)._ _ Within days after execution of this Agreement by the City. 5. Submission of Site and Construction Plans and !. Within days after execution of this Construction and Operating Budget. The Agreement by the City. Developer shall prepare and submit to the City final construction plans, drawings and related documents. 6. Approval of Site and Construction Plans and Construction and Operating Budget. The City shall approve the Developer's final construction plans. 7. Submission of Evidence of Financing. The Developer shall submit evidence of adequate financing to construct the Project. In accordance with City's normal plan check and design review process. Concurrent with or immediately following approval of final Construction and Operating Budget, but in any event within days prior to close of escrow. 8. Anproval of Evidence of Financing. The City Within days after receipt thereof by the shall review and approve Developer's evidence Agency. of adequate financing to construct the Project. 9. Satisfaction of All Conditions Precedent to Close At or prior to the close of escrow. of Escrow. Developer and City, as applicable, shall complete all other conditions precedent to close of escrow provided for in Section 3.5. Attachment No. 4, Page 1 55394.00000\29008220.1 65A -36 Action I Date 13. Deposit of Grant Deed and Purchase Price. Not later than days prior to the close of Developer and City, as applicable, shall deliver escrow. into escrow the Grant Deed, Purchase Price, and ' all required funds. 15. Merger of Project Site. Developer shall record an i Immediately following or concurrent with Close approved parcel map and/or lot line adjustment as I of Escrow 14. Close of Escrow. The City shall convey title to the City Property to the Developer, and the Developer 16. Certificates of Insurance. The Developer shall deliver to the City certificates of insurance. Prior to or concurrently with the close of Developer's construction loan for the Project, which shall occur no later than Prior to commencement of any work on the City Property. 17. Commencement of Constriction. The Developer I Within _ days after close of escrow. shall commence construction of the improvements on the Project Site. 18. Completion of Construction. The Developer shall complete constriction of the improvements on the Site. 19. Issuance of Certificate of Completion. The City shall furnish the Developer with a Certification of Completion for the Project. Within _ months after commencement thereof. Promptly after completion of all construction required to be completed by the Developer on the Site, and upon written request therefor by the Developer. Attachment N�. 4 Pa 2 55394.0000029008220.1 65A 3 ATTACHMENT NO. 5 SCOPE OF DEVELOPMENT The Project Site shall be developed by Developer in accordance with the provisions of this Agreement and the plans, drawings and related documents as approved by the City pursuant to entitlement and permit application processes. Hotel of 80 rooms or keys Residential Project of no more floors. City will maintain management and operation of the garage until he is at point of demolition. Developer will have obtained demolition permit. Must have a hotel operator labor agreement. The Developer shall construct, or cause to be constructed, on the Project Site an extended stay hotel with a minimum three start rating, with approximately square feet of commercial space on the first floor of the building for retail and restaurant space. pool. only. The hotel will include at least rooms, a main lobby, meeting rooms and an indoor The Project Site shall provide parking sufficient to serve the demands of the Project The "Project' shall not be required to provide public parking. Describe alley improvements Describe trash and sanitation plan Removal of foot bridges. Describe roof top plans. Architectural Design. The architectural design of Project shall be consistent with the requirements of the City of Santa Ana and in accordance with the Basic Concept Drawings attached hereto as Exhibit A and are incorporated herein by this reference. Landscape design, signage, and screening for trash areas, fire related mechanical devices, rooftop equipment and other building elements with required screening for the Hotel Project, shall all be consistent with the standards of the City of Santa Ana. Shall have submitted a Staging Plan for street closures, phasing for the facilities etc. Attaclunent No. 5 55394.00000\29008220.1 65A -38 Prior to evidence demonstrating that the existing parking agreements have been extinguished. Attachment No. 7, Page 4 55394.00000\29008220. t 65A -39 ATTACHMENT NO. 6 Form of Grant Deed Attachment No. 7, Page 5 55394 , 00000\29005220.1 65A -40 ATTACHMENT NO. 7 Form of Reciprocal Easement Agreement Attaclunen[ No. 7, Page 6 55394.00000\29008220.1 65A -41 65A -42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: AUTHORIZATION TO PROCEED WITH THE SUSTAINABLE MOBILITY AND ROADWAY TRANSFORMATION(SMART)PROGRAM (NON - GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1A, 1B, 1C, 1E, 1F, 1G) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED Cl As Recommended 7_7 As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2nd Reading ® Implementing Resolution 71 Set Public Hearing For CONTINUED TO FILE NUMBER Authorize staff to proceed with the initial steps to implement the Sustainable Mobility and Roadway Transformation Program and seek services from a financial advisor to determine the necessary revenue enhancements to complete said program. DISCUSSION Streets are vital to the operation of the City and it is important that the streets are kept in great condition. Well maintained streets raise the overall quality of living, encourage economic development, improve property values, increase bicycle mobility, provide safe pedestrian access, and protect the substantial investment already made in our street infrastructure. Poorly maintained streets, on the other hand, reduce non - motorized mobility, lead to higher vehicle maintenance costs, increase pollution and incur exponentially higher future street maintenance costs. In 2006, there was an investment of $72+ million in the City's pavement network that resulted in a well maintained street network with a citywide overall Pavement Condition Index (PC]) rating of 79, which is considered to be in good condition. A new funding source is required to maintain a PC[ rating of greater than 75, which is the minimum required to maintain crucial funding match eligibility through the Orange County Transportation Authority funding programs (i.e., Measure M2 and Comprehensive Transportation Funding Program grants). To ensure all the benefits of well- maintained streets, staff is proposing a comprehensive citywide initiative, the Sustainable Mobility and Roadway Transformation (SMaRT) program. The key goals of the program are as follows: 6513-1 Sustainable Mobility and Roadway Transformation Program July 5, 2016 Page 2 • Maintain an excellent pavement network • Protect the recently completed $72+ million pavement investment initiated in 2006 • Repave streets in poor condition in next three to five years • Financially sustainable • Implement citywide traffic safety improvements • Implement bicycle and pedestrian master plans • Repair sidewalks and expand Americans with Disabilities Act (ADA) infrastructure SMaRT is a financially sustainable program that will allow the City to address its multi -modal mobility challenges from year to year, without overly relying on inconsistent grant funding or dwindling tax revenue. As part of the program, SMaRT will reconstruct all streets that are in poor or failed condition within the first three to five years and provide the financial means to properly maintain the streets in perpetuity. In order to fund this program, staff proposes to assess pavement impact fees on the heavy vehicles which are considered the single, major source of degredation to the streets. In September of 2015 the Public Works Agency commissioned a report to quantify the impact to city streets caused by heavy vehicles such as City utility, transit, school, and refuse vehicles. The report (Exhibit 1) concluded that these damages have a significant impact to the City's annual pavement deterioration. The damages were allocated to streets based on the street type and configuration, vehicle type and vehicle trip frequency. The study found that solid waste vehicles, transit busses, and City utility /street sweeping vehicles have a 38.1 percent, 12.7 percent, and 2.5 percent impact respectively. Based on these findings, staff is recommending that entities utilizing heavy vehicles fund the cost to repair their proportional share of impact to City streets. ANALYSIS SMaRT will require an estimated $80 million to rehabilitate all streets that are in poor or failed condition within the first three to five years of the program. Once the entire pavement network is in good condition, $16 million per year will be needed to maintain the network effectively. In addition to maintaining the pavement in an excellent condition year to year, the program will also implement traffic safety, bicycle and pedestrian improvements, as well as repair sidewalks and expand infrastructure to meet ADA standards. Therefore, SMaRT will not only address pavement concerns, but will result in the implementation of a significant portion of the Bicycle Master Plan, Pedestrian Master Plan, as well as elements identified in the Safe Mobility Santa Ana and Non - Motorized Connectivity reports. Staff proposes a combination of an I -Bank loan and Certificate of Participation bonds to fund the initial $80 million using the impact fees, gas tax allocations, Measure M2 Fairshare, and funds from the City's general liability fund as shown in the SMaRT Presentation (Exhibit 2). With Council approval to move forward with this comprehensive pavement maintenance program as outlined in the SMaRT Presentation (Exhibit 2), the next step will be to acquire the services of a 65B -2 Sustainable Mobility and Roadway Transformation Program July 5, 2016 Page 3 financial advisor to assist staff in examining applicable financial programs to fund SMaRT. The final financial model and applicable potential options will be presented to Council for further consideration and direction. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy A (Inventory of infrastructure assets), Strategy B (Maintain infrastructure assets), Strategy C (Invest in infrastructure assets), Strategy E (Prepare a Community Investment Program), Strategy F (Perform periodic measurements of asset condition), and Strategy G (Develop and implement the City's Capital Improvement Program). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Fre Mousavipour Executive Director Public Works Agency FM /EWG /JG /ST Exhibit: 1. Pavement Impacts Report 2. SMaRT Presentation L• MW Lt m I AECOM 999 Town and Country Road Memorandum Orange, CA 92666 www.aacom,com To Kenny Nguyen, PE, City of Santa Ana Sean Thomas, PE, City of Santa Ana cc Ken Steele, PE, AECOM Pavement Management Loading Study Subject AECOM Project No. 60477125 From Bill Poston Jr., PE Date June 21, 2016 PROJECT DESCRIPTION Introduction 714.5672622 tel 714.7453146 tax Page 1 I V I I of CAI, The City of Santa Ana desires to determine the cost impact of heavy vehicles and waste collection trucks traveling on city street pavements. AECOM was retained to conduct a pavement engineering study to determine the loading impacts and cost share responsibility of commercial buses, waste collection trucks, and other heavy vehicles on city street pavements. The study includes all public streets maintained by Santa Ana. Project Objective The overall project objective was to determine the cost responsibility for commercial buses, waste collection trucks, and other heavy vehicles for each city street, to provide the city the basis for collecting funds from the bus and truck companies. PROJECT APPROACH General Methodology Pavement Loadings The project approach for determining pavement loadings was based on a network level evaluation. This approach consisted of grouping the city streets into representative street classes and determining the percent loading impact and cost responsibility of the buses and heavy trucks for each street class. The bus and truck loading impacts were calculated based on actual vehicle weights for each class of pavement. The bus and truck weights were converted to a standard loading impact using the long -time established procedure of Equivalent Single Axle Loadings (ESALs). EXHIBIT 1 L• AcCOM Data and Sources Pavement Loadings Pavement Management Loading Study City of Santa Ana, California Street classifications, pavement types, and street areas were obtained from the Santa Ana Pavement Management Program report, June 2014 and PAVER Data spreadsheets, August 24, 2015. Secondary and collector arterials were combined for analysis due to their similarities in structure and traffic loadings. Typical street pavement sections are as shown in the full depth reconstruction lines of the Santa Ana Design Standards for Arterials and Locals. These were used to determine the asphaltic concrete pavement structural number (SN) and concrete pavement thickness for the ESAL calculations. Total traffic volumes for arterials were obtained from the Santa Ana Traffic Census for 2013- 2014. Traffic volumes for representative street segments within each street class were identified to calculate an average daily traffic volume (ADT) for each street class. ADT traffic volumes for local streets were estimated based on generalized land use trip generation, experience, and engineering judgment. Total truck volumes and classes on major and primary arterials were obtained from CalTrans June -July, 2015 truck classification counts supplied by the City. Truck counts were not available for other arterials and local streets. For those streets the total truck volumes and classes for those streets were estimated using the 2015 counts as starting points and applying engineering judgment. Waste collection truck types, axle weights, and volumes for each street class were provided by Waste Management of Orange County. Orange County Transit Authority (OCTA) Transit bus volumes were obtained from the route schedules for the Orange County Transit Authority. Representative routes were reviewed for each street class for weekdays, Saturdays, and Sundays, and average bus volumes were calculated. OCTA bus weights were obtained from technical information provided by the agency. Santa Ana Unified School District ( SAUSD) school bus volumes and trip locations were estimated by engineering judgment. SAUSD bus weights were based on representative weights for typical school buses. Street sweeping locations, sweeping frequency, and sweeper weights were provided by Santa Ana Public Works Maintenance. Axle load equivalency factors for calculating ESALs from axle weights were obtained from the American Association of State Highway and Transportation Officials (AASHTO) Guide for Design of Pavement Structures, 1993. (1993 Pavement Design Guide) ESAL constants for calculating ESALs based on vehicle type were obtained from the CalTrans Highway Design Manual, Table 613.3A. The 10 -year ESAL constant was adjusted down to a one week ESAL constant. AECOM Project No. 60477125 om � ', June 21, 2016 Page 2 of 11 A_COM Pavement Management Loading Study City of Santa Ana, California Equivalent Single Axle Loadings Roadway pavements are designed to carry the expected number of vehicle loadings over the design life of the pavement. Vehicle loadings are determined based on the weight of the vehicle and the number and type of axles on the vehicle. The common axle types include single axles with two or four wheels; tandem axles, which are two single axles mounted adjacent to each other; and tri- axles, which are three single axles mounted together. Each vehicle has a different weight and trucks can have many different axle combinations. For example, a straight (single unit) truck often has a single axle in the front and a tandem axle in the back. A semitrailer truck often has a single axle in the front, a tandem axle at the back of the tractor, and a tandem axle at the rear of the trailer (18 wheeler). Other combinations are common. In order to bring all the possible vehicle weights and axle combinations to a uniform number to enable pavement design, the concept of Equivalent Single Axle Loading (ESAL) was developed by AASHTO. An ESAL is one loaded pass of an 18,000 lb single axle. One loading of one 18,000 lb single axle is considered a 1.0 load factor. Other combinations of weights and axle combinations would have factors less than or greater than 1.0. Heavier loadings would be greater than 1.0, while adding axles to make tandem and tri -axles would result in lower load factors for a given weight. Knowing the actual axle types and weights on those axles enables the total loading on the pavement to be calculated for each vehicle. CalTrans has further calculated truck loadings and developed ESAL constants based on truck types by axle classification and typical truck weights. This enables ESAL loadings to be calculated from truck classification counts rather than actual weights. The pavement loadings of heavier trucks are much greater than those of lighter vehicles. Therefore, the damage to a pavement from each truck driving on it is much greater than from each automobile. The following table summarizes the relative loading impact of cars and trucks on a typical existing Santa Ana local residential street paved with hot mix asphalt. AECOM Project No. 60477125 65B -7 June 21, 2016 Page 3 of 11 AECOM Pavement Management Loading Study City of Santa Ana, California RELATIVE LOADING IMPACT Vehicle Type Vehicle Load Factor Passenger Car Equivalent Passenger Car 0.0004 1 Delivery Truck (Typical Load) 0.19 475 Commercial Truck (Typical Load) 0.51 1,300 Street Sweeper 1.67 4,200 Transit Bus (50% Full) 2.26* 5,650 School Bus 1.45* 3,600 Recycling, Refuse Green Waste Truck (Empty) 0.58 1,450 Recycling, Refuse Green Waste Truck (Full) 4.34 10,850 Roll Off Truck (Empty) 0.65 1,600 Roll Off Truck (Full) 2.33 5,800 Commercial Waste Truck (Empty) 0.70 1,750 Commercial Waste Truck (Full) 1.61 4,000 "Vehicle Load Factor on Secondary and Collector Arterial ASSUMPTIONS / LIMITATIONS A terminal pavement serviceability (pt) = 2.5 was used for ESAL calculations. Serviceability is a measure of pavement condition and terminal serviceability is the condition at which the pavement is considered in need of a major rehabilitation or reconstruction. Total traffic volumes were estimated for local streets. Total truck volumes and truck classes were estimated for secondary/ collector arterials and local streets. Actual traffic and truck classification counts would be required to verify the estimates. The average of empty and full truck weights was used for calculating the pavement loading impact of refuse, recycle, and green waste trucks. The calculated pavement loading impacts are averages across all streets within a street class. Individual streets may have more or less loadings than those calculated. The tag axle on a waste hauling truck is an additional axle with two wheels that is used to better distribute the truck's weight on the pavement and reduce the overall loading impact. The tag axle is able to be raised and lowered by the operator. In discussion with Waste Management of Orange County, we learned the tag axle is generally up on the residential streets when the trash carts are being loaded. Then the tag axle is down when the loaded truck travels to the waste collection site. For the loading calculations, we assumed the typical truck operation has the tag axle in the up position when the trucks are empty and in the down position when the trucks are loaded, with one exception. Based on Waste AECOM Project No. 60477125 Lm w • June 21, 2016 Page 4 of 11 _ �JL Pavement Management Loading Study City of Santa Ana, California Management's input, we assumed the recycling, refuse, and green waste trucks have the tag axle in the up position at all times when on residential streets only. The axle weights for school buses and sweepers were estimated based on best available data. Actual axle weights are necessary to calculate the actual vehicle loading factors. ANALYSIS Pavement Loadings Loading impacts were calculated for ten scenarios — five street classes and two pavement types, as listed below: Asphaltic Concrete Pavements • Major arterial • Primary arterial • Secondary/ collector arterial • Local residential • Local nonresidential Street Classification Breakdown PC Concrete Pavements • Major arterial • Primary arterial • Secondary/ collector arterial • Local residential • Local nonresident The traffic volumes, truck classes and volumes, truck axle data, and typical pavement sections were assembled as described in the previous Data and Sources section of this technical memo. The loading impact calculations involved two steps. First the Vehicle Load Factors were calculated from the AASHTO 1993 Pavement Design Guide tables. Then the total truck ESALs and the selected truck ESALs were calculated. AECOM Project No. 60477125 • Lm June 21, 2016 Page 5 of 11 Asphalt Pavement Concrete Pavement. Street Structural Concrete Typical Section Classification Square Feet Square Feet Number Thickness Six -lane divided Major Arterial 704 23,155,436 6- Inches 166,733 roadway Four -lane divided Primary Arterial 5.28 2,746,741 6- Inches 46,345 roadway Four -lane Secondary undivided 4.40 9,440,032 6- Inches 155,242 Arterial roadway Two -lane Collector undivided 4.40 649,890 6- Inches 28,608 roadway Two -lane Local undivided 2.64 47,706,767 5- Inches 4,751,642 Residential roadway Two -lane Local Non- undivided 3.52 6,803,796 5- Inches 51,965 Residential roadway The traffic volumes, truck classes and volumes, truck axle data, and typical pavement sections were assembled as described in the previous Data and Sources section of this technical memo. The loading impact calculations involved two steps. First the Vehicle Load Factors were calculated from the AASHTO 1993 Pavement Design Guide tables. Then the total truck ESALs and the selected truck ESALs were calculated. AECOM Project No. 60477125 • Lm June 21, 2016 Page 5 of 11 MEe ®M Pavement Management Loading Study City of Santa Ana, California The concept of Vehicle Load Factors (VLF) was used to facilitate loading calculations. The VLF is the total ESAL value for a specific bus or truck for each pass of the vehicle. Specific axle weights were obtained for the selected buses and trucks. The ESALs for each axle were calculated using the axle load equivalency tables from the 1993 AASHTO Design Guide. The ESALs for all axles on each vehicle were then summed to obtain the VLF. The weekly loading impacts for the specific evaluated buses and trucks were calculated in a different manner than the loading impacts for the rest of the trucks on the street. The VLF for each evaluated bus and truck was multiplied by the weekly trips to obtain the total weekly loading impact. Specific axle weights vary considerably for the rest of the trucks, making it necessary to use CalTrans ESAL constants developed for various truck types. Note, while useful for this evaluation, these ESAL constants are time dependent so they are not directly comparable to the VLF. Weekly ESAL constants were calculated for the rest of the trucks and multiplied times the ADT to obtain the total weekly loading impact. FINDINGS The results of the loading impact calculations are listed below for each of the street classes and pavement types. Asphaltic Concrete Pavements MAJOR ARTERIALS Vehicle Weekly Total Vehicle Total Weekly Percent Vehicle Type Load Total Loading Operator Loading Impact Loading Impact Factor Trips Impact Passenger 0.0004 209,300 83.7 2.0 2.0 Cars Delivery Trucks 2 -axle 0.19 7,840 1,486.2 35.3 35.3 3 -axle 0.51 630 318.5 7.6 Commercial------------------------------ 4_axle 0,81 --------------------------------- 840---- 678.5---- --------------- ----- 33.3 Trucks ------ ----- ---- ---- -- - - - - -- - -- -------1.62-------- 5 +axle 1.89 210 397.5 9.5 City Utility/ Street Sweeper 1.63 1 2.0 0.0 0.0 Sweeping OCTA Transit Bus 6.04 180 1,087.2 25.9 25.9 SAUSD School Bus 1.45 16 23.2 0.6 0.6 Recycling 1.06 10 10.6 0.3 Refuse 1.06 10 10.6 0.3 Waste Green Waste 1.06 10 10.6 0.3 2.9 Management Roll Off 1.46 1 50 73.0 1.7 Commercial 1.12 1 10 11.2 0.3 Totals 4,192.8 100 100 AECOM Project No. 60477125 65B -10 June 21, 2016 Page 6 of 11 AECOM Asphaltic Concrete Pavements, Continued Pavement Management Loading Study City of Santa Ana, California PRIMARY ARTERIALS Vehicle Weekly Total Vehicle Total Weekly Percent Vehicle Type Load Total Loading Operator Loading Impact Loading Impact Factor Trips Impact Passenger 0.0004 97,300 38.9 2.0 2.0 Cars Delivery Trucks 2 -axle 0.19 3,330 631.6 32.2 32.2 3 -axle 0.51 210 106.2 5.4 Commercial- --------- --- --- ---- - - --- -- -- ---- ---- ------ ---------------- --------------- - ---- axle- 81- 169:6------- 8.6--- 20.7 Trucks -----4- ---- ---0= --- -- -210------- ---- ---- ---- ----- 5 +axle 1.89 70 132.5 6.7 City Utility/ Street Sweeper 1.60 1 2.0 0.1 0.1 Sweeping OCTA Transit Bus 5.52 141 778.3 39.6 39.6 SAUSD School Bus 1.44 3 4.3 0.2 0.2 Recycling 1.08 5 5.4 0.3 Refuse 1.08 5 5.4 0.3 Waste Green Waste 1.08 5 5.4 0.3 5.2 Management Roll Off 1.45 50 72.5 3.7 Commercial 1.15 10 11.5 0.6 Totals 1,963.6 100 100 SECONDARY and COLLECTOR ARTERIALS Vehicle Weekly Total Vehicle r Total Weekly Percent Vehicle Type Load Total Loading Operator Loading Impact Loading Impact Factor Trips Impact Passenger 0.0004 90,020 36.0 2.2 2.2 Cars Delivery Trucks 2 -axle 0.19 2,890 548 34.2 34.2 3 -axle 0.51 280 141.5 8.8 Commercial - - - -- ____ -0 ______ ____ _ ____0 - __._- -_.0.0 - - -- - -- 4 -axle 0- 8.8 Trucks 5 +axle 1.89 0 0 0.0 City Utility/ Street Sweeper 1.57 1 2.0 .01 0.1 Sweeping OCTA Transit Bus 5.37 146 784.0 48.9 48.9 SAUSD School Bus 1.45 10 14.5 0.9 0.9 Recycling 1.13 15 17.0 1.1 Refuse 1.13 15 17.0 1.1 Waste Green Waste 1.13 15 17.0 1.1 4.9 Management Roll Off 1.45 10 14.5 0.9 Commercial 1.19 10 11.9 0.7 Totals 1,603.4 100 100 AECOM Project No. 60477125 65B -11 June 21, 2016 Page 7 of 11 AcCOM Asphaltic Concrete Pavements, Continued Pavement Management Loading Study City of Santa Ana, California LOCAL RESIDENTIAL STREETS Vehicle Weekly Total Vehicle Total Weekly Percent Vehicle Type Load Total Loading Operator Loading Impact Loading Impact Factor Trips Impact Passenger 0.0004 10,465 4.2 6.1 6.1 Cars Delivery Trucks 2 -axle 0.19 21 4.0 5.8 5.8 3 -axle 0.51 28 14.2 20.7 Commercial-- ------ - axle--- 4 -axle -- -- ----- 0.81 ---- -- ---- --------- -- ---- --- --------------- 44.7 Trucks --- -- -- ---------- 81---- --- ------- -------- - ---------- 20.7 Trucks -----4_axle-- -- ---0= ---- -0---- ------ -0------ ---- ------- .0.0--------- City Utility/ Street 5 +axle 1.89 0 0 0.0 City Utility/ Street Sweeper 1.61 2 3.2 4.6 4.6 Sweeping OCTA Transit Bus 0 0 0 0.0 0.0 SAUSD School Bus 0 0 0 0.0 0.0 Recycling 2.28 5 11.4 16.5 Refuse 2.28 5 11.4 16.5 Waste Green Waste 2.28 5 11.4 16.5 62.8 Management Roll Off 1.49 2 3.0 4.4 Commercial 1.21 5 17.9 12.9 Totals 68.9 100 100 LOCAL NONRESIDENTIAL STREETS Vehicle Weekly Total Vehicle Total Weekly Percent Vehicle Type Load Total Loading Operator Loading Impact Loading Impact Factor Trips Impact Passenger 0.0004 6,700 2.7 1.9 1.9 Cars Delivery Trucks 2 -axle 0.19 220 41.1 29.5 29.5 3 -axle 0.51 60 31.8 22.9 Commercial ------ - axle--- 4 -axle -- -- ----- 0.81 -- - -- - -------- ..-- ---- -- 17.0 --- ---- -- ----- -- 126- 44.7 Trucks --- -- -- ---------- ---- - - ------ --- ------- -------- - ---------- 5 +axle 1.89 7 7 1 3.3 9 .6 City Utility/ Street Sweeper 1.57 1 0.8 0.6 0.6 Sweeping OCTA Transit Bus 0 0 0 0.0 0.0 SAUSD School Bus 0 0 0 0.0 0.0 Recycling 1.06 0 0 0.0 Refuse 1.06 0 0 0.0 Waste Green Waste 1.06 0 0 0.0 23.3 Management Roll Off 1.46 j 10 j 14.5 10.4 Commercial 1.12 1 15 17.9 12.9 Totals 139.1 100 100 AECOM Project No. 60477125 65B -12 June 21, 2016 Page 8 of 11 AECOM Concrete Pavements Pavement Management Loading Study City of Santa Ana, California MAJOR ARTERIALS Vehicle Weekly Total Vehicle Total Weekly Percent Vehicle Type Load Total Loading Operator Loading Impact Loading Impact Factor Trips Impact Passenger 0.0002 20,9300 41.9 1.0 1.0 Cars Delivery Trucks 2 -axle 0.19 7840 1,486.2 35.1 35.1 3 -axle 0.51 630 318.5 7.5 Commercial---------- - - - - -- ----- - - - - -- -------------------------- - - - - -- --------------- - - - -- axle_____ 32.9 Trucks - - - - -4- ___0.81____ ___840____ ______678.5 _______16.0________ 5 +axle 1.89 210 397.5 9.4 City Utility/ Street Sweeper 1.61 1 2.0 0.0 0.0 Sweeping OCTA Transit Bus 6.11 180 1,099.8 26.0 26.0 SAUSD School Bus 1.46 16 23.4 0.6 0.6 Recycling 1.73 10 17.3 0.4 Refuse 1.73 10 17.3 0.4 Waste Green Waste 1.73 10 17.3 0.4 4.4 Management Roll Off 2.39 50 119.5 2.8 Commercial 1.83 10 18.3 0.4 Totals 4237.5 100 100 PRIMARY ARTERIALS Vehicle Weekly Total Vehicle Total Weekly Percent Vehicle Type Load Total Loading Operator Loading Impact Loading Impact Factor Trips Impact Passenger 0.0002 97,300 19.5 0.9 0.9 Cars Delivery Trucks 2 -axle 0.19 3330 631.6 30.3 30.3 3 -axle 0.51 210 106.2 5.1 Commercial--- --- -- - ----- ----- - ---- -- --- ---- -- --- ---- ------------ ---- - - --- -- -- - - ---- 19.5 Trucks - ----4_axle----- ---0:81---- ---210------- - ----169.6------ - --- ---- -8.1--- - ----- 5 +axle 1.89 70 132.5 6.3 City Utility/ Street Sweeper 1.61 1 2.0 0.1 0.1 Sweeping OCTA Transit Bus 6.11 141 861.5 41.2 41.2 SAUSD School Bus 1.46 4.4 4.4 0.2 0.2 Recycling 1.73 5 8.7 0.4 Refuse 1.73 5 8.7 0.4 Waste Green Waste 1.73 5 8.7 0.4 7.8 Management Roll Off 2.39 50 119.5 5.7 Commercial 1.83 10 18.3 0.9 Totals 2,091.2 100 100 AECOM Project No. 6047712.5 65B -13 June 21, 2016 Page 9 of 11 AcCOM Concrete Pavements, Continued Pavement Management Loading Study City of Santa Ana, California SECONDARY and COLLECTOR ARTERIALS Vehicle Weekly Total Vehicle Total Weekly Percent Operator Vehicle Type Load Total Loading Impact Loading Impact. Loading Operator Factor Trips. Loading Impact Loading Impact Impact Passenger Factor Trips 2.1 2.2 Impact Passenger 0.0002 90,020 18.0 1.0 1.0 Delivery Trucks Cars 0.19 21 4.0 4.2 4.2 Delivery Trucks 2 -axle 0.19 2,890 548.0 31.6 31.6 Commercial 3 -axle 0.51 280 141.5 8.1 14.5 Commercial------------------------------ 4 -axle 0.81 ----- --------------- -- - - -- --------------- ----- Trucks axle -- -- - - -- 0---- 0-- - �------ 8.1 Trucks -----4_ - ---- - -0.81 - -- - ---- ---------- -- ---- ---- ----0=0- - -- - -- City Utility/ Street 5 +axle 1.89 0 0 0.0 3.3 City Utility/ Street Sweeper 1.61 1 2.0 0.1 0.1 Sweeping Transit Bus 0 0 0 0.0 0.0 OCTA Transit Bus 6.11 146 892.1 51.4 51.4 SAUSD School Bus 1.46 10 14.6 0.8 0.8 Recycling 1.73 15 26.0 1.5 Waste Refuse 1.73 15 26.0 1.5 75.8 Waste Green Waste 1.73 15 26.0 1.5 7.0 Management Roll Off 2.39 10 23.9 1.4 Commercial 1.83 10 18.3 1.1 Totals 1,736.4 100 100 LOCAL RESIDENTIAL STREETS Vehicle Weekly Total Vehicle Total Weekly Percent Operator Vehicle Type Load. Total Loading Impact Loading Impact. Loading Factor Trips. Impact Passenger 0.0002 10,465 2.1 2.2 2.2 Cars Delivery Trucks 2 -axle 0.19 21 4.0 4.2 4.2 3-axle 28 14.2 14.5________ Commercial _____ ____0.51____ __ _ _ _ __ 14.5 4 -axle 0.81 0 0 0.0 Trucks - ---5 --- -- -- - - -- -- ----- --------- ---- -------------------- - �------ +axl--- 5 +axle 1.89 .-8 0 0 0. 0.0 City Utility/ Street Sweeper 1.61 2 3.2 3.3 3.3 Sweeping OCTA Transit Bus 0 0 0 0.0 0.0 SAUSD School Bus 0 0 0 0.0 0.0 Recycling 3.91 5 19.6 20.4 Refuse 3.91 5 19.6 20.4 Waste Green Waste 3.91 5 19.6 20.4 75.8 Management Roll Off 2.39 2 4.8 5.0 Commercial 1.83 5 92 9.6 Totals 96.3 100 100 AECOM Project No. 60477125 65B -14 June 21, 2016 Page 10 of 11 AECOM Concrete Pavements, Continued Pavement Management Loading Study City of Santa Ana, California LOCAL NONRESIDENTIAL STREETS Street Classification Arterial Vehicle Weekly Passenger Cars 0.77 Total Vehicle Delivery Trucks 13.20 5.21 Total Weekly Percent 9.67 14.24 Vehicle Vehicle Type Load Total 2.49 2.50 Loading Operator 0.00 12.74 SAUSD Loading impact Loading Imp act 0.25 Waste Management 1.39 36.74 Trips Totals 38.03% Impact 100.00% Passenger 0.0002 6,700 1.3 0.8 0.8 Cars Delivery Trucks 2 -axle 0.19 220 41.1 26.1 26.1 3- axle----- 0.51- 60----- 31`8----------------- -20 2--- Commercial - - - - ------ - -- --- - --- --- ----- ----- 4 -axle 0.81 20 17.0 10.8 39.4 Trucks ------ -- --- ------ --- --- --- --- -- ----- ---- ---------------------- - ------------------- 5 +axle 1.89 7 13.3 8.4 City Utility/ Street Sweeper 1.61 1 1.6 1.0 1.0 Sweeping OCTA Transit Bus 0 0 0 0.0 0.0 SAUSD School Bus 0 0 0 0.0 0.0 Recycling 1.73 0 0 0.0 Refuse 1.73 0 0 0.0 Waste 32'7 Green Waste 1.73 0 0 0.0 Management Roll Off 2.39 10 23.9 15.2 Commercial 1.83 15 27.5 17.5 Totals 155.9 100 100 PAVEMENT LOADING IMPACTS The table below summarizes the weighted pavement loading i source and street classification for all streets in the city. The p loadings for each vehicle source for each street classification a percent of citywide pavement area for that street classification pavement loading impact. Weighted Pavement Loading Impacts (Percent) mpacts for each vehicle ercent of total pavement re multiplied by the total to obtain the weighted Vehicle Source Street Classification Arterial Local Totals. Passenger Cars 0.77 3.29 4.06 Delivery Trucks 13.20 5.21 18.41 Commercial Trucks 9.67 14.24 23.91 City Utility/ Street Sweeping 0.01 2.49 2.50 OCTA 12.74 0.00 12.74 SAUSD 0.25 0.00 0.25 Waste Management 1.39 36.74 38.13 Totals 38.03% 61.97% 100.00% AECOM Project No. 60477125 65B -15 June 21, 2016 Page 11 of 11 65B -16 lIOT %719& , FLFiF..117r= IT .=4 II Prepared by the Public Works Agency City of Santa Ana June 15, 2016 MIM = �� 658 -17 I �. Ism I .,_ � i� �:. _. _. . . h��,= � �y� cx Y �+ � -� _ \ �, _. ' ., 658 -21 Slide #10 Slide #11 Slide #12 Maintaining city streets in good condition is important to our quality of life and a challenge that cities from all over the country face. The City of Santa Ana is no exception. While the current condition of our streets is better than most, our existing funding is not enough to maintain them in this good condition. In fact, it will lead to repair and replacement costs that are more than 10 times today's cost—something we simply wont be able to afford. The SMaRT -Santa Ana Sustainable Mobility And Solution: Roadway Transformation With SMaRT -Sang Ana, the City of Santa Ana has the opportunity to be a leader in sustainable pavement programs. Implementing it will put Santa Ana on the map as one of the most proactive and innovative cities in the US. Maintain an excellent pavement network. Protect the city's recent $72+ million pavement investment. Repave streets that are in poor I condition within three to five years. Ensure financial sustainability and " program efficiency. ............................... SMaRT -Santa Ana Goals •'Maintain an excellent pavement network •Protect recent $72+ million pavement investment Repave streets in poor condition within three to five years Financial sustainability: Implement citywide traffic safety improvements Implement Bicycle'and Pedestrian mister plans Repair sidewalks and expand ADA {infrastructure T• - Slide #20 Slide #21 659 -25 b rorf pva Slide #23 Slide #24 65B ° -26 WorABNol Slide #26 Slide #27 651' -27 Slide #28 Slide #29 Slide #30 T. Slide #31 Slide #32 Slide #33 ppC��ll6x1tl0`-'? MAINTI ONCE _., Iii li ,r ,1 ;at ` ' R, Slide #34 _. ra 1/GI kle hripact 11AOo Itp09 ROfb 4- n rnon Sr600 Vr2BN norn 3,600 i i' avu 1.300 1 f Passenger 6itV Utility Commercial School BUS Transit Bus Solid Waste Car Truck: 6MI29 Slide #35 Slide #36 -100 [(?V iy000 — xti 13000 pq0;: — d0 Vii 4ti i'OOF? ppC��ll6x1tl0`-'? MAINTI ONCE _., Iii li ,r ,1 ;at ` ' R, Slide #34 _. ra 1/GI kle hripact 11AOo Itp09 ROfb 4- n rnon Sr600 Vr2BN norn 3,600 i i' avu 1.300 1 f Passenger 6itV Utility Commercial School BUS Transit Bus Solid Waste Car Truck: 6MI29 Slide #35 Slide #36 Annual Impact and Cost to Santa Ana Streets PCI 80 75 70 65 60 PG With Current Funding 55 rr 16 18 20 22 24 26 28 30 32 34 Fiscal Year End 65b!30 Slide #37 Slide #38 Slide #39 2.5% d% 05% 5500,000 $600,000 $100,000 13% 52,600,000 i School Bus City Utility Pesseng¢r Transit bus Solid Weste Vehicle Truck PCI 80 75 70 65 60 PG With Current Funding 55 rr 16 18 20 22 24 26 28 30 32 34 Fiscal Year End 65b!30 Slide #37 Slide #38 Slide #39 42% 38% $8,400,000 $7,600,000 13% 52,600,000 i Transit bus Solid Weste Cominryrr i�l Truck PCI 80 75 70 65 60 PG With Current Funding 55 rr 16 18 20 22 24 26 28 30 32 34 Fiscal Year End 65b!30 Slide #37 Slide #38 Slide #39 r' Funding needed to implement SMaRT -Santa Ana $80 Million $16 Million initial investment to each year thereafter to reconstruct streets in sustain the program. poor condition within the first 3 -5 years. Current annual Street Maintenance 7' budget is $4.5 Million We need $16 Million annually R Repair Casts With Current Funding $90rsr, sl3 fir Itn III Sss r Lcul $700 r °. $600 ` = $500 $400 'x $300 ...+r _ Cast of Why $200 i„J' 2016 R,p i, COSt $100. IS117 W1,11 m) $0 C 16 17 38 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 FY Ending r' Funding needed to implement SMaRT -Santa Ana $80 Million $16 Million initial investment to each year thereafter to reconstruct streets in sustain the program. poor condition within the first 3 -5 years. OGi'A 65B632 .max. Slide #43b Slide #44 rw will we fund SMART- -Santa An ars I. Years 6 -20 VC mrc 21. HO OTO MYOI ut 65EV --33 Slide #45 Slide #46 L+yRi IMA VA $25 $2U $15 0 � $lU $5 I Aft 16 17 iH 19 Re 21 22 23 24 25 26 27 2H 29 30 31 32 33 34 35 36 37 38 39 40 Bond General Fund • SAUSP • OCrA city Utility • Solld Waste • Reliable Proposed Solid Waste Rate Adjustment (Residential) (Commercial) s. Increase less than a $1 per month increase less than a $5 per month 1r!. 659234 Slide #48 Slide #49 How will Santa Anas solid waste fees compare? Residential Service S)in Perfiapim.. scan : wx #2 of 32 WIIIIIIIIIII fa as I s All cmu,m,able Orange County cities (32), aS,c.ic, change in Santa Ana pates off.. Before I" k„ anmmwmmeorange COOnyenes(o2), asumlremangemsanmaaa gmese�y A;, T' Before How will Santa Anas solid waste fees compare? Residential Service law um #B of 32 S 9 a v b a ' e All comp able Orange Caumy Cities 132), assuming change in Santa Ana pater only. C After I" k„ anmmwmmeorange COOnyenes(o2), asumlremangemsanmaaa gmese�y A;, T' Before Rate Adjustment Process (Prop 218) In 1996 CA voters approved Prop. 218 which requires agencies to have a vote by the impacted property of a proposed /increased fee Revenues collected can only be used for their intended purpose Property owners can protest the fee Notices must be sent to all property owners impacted and a public hearing must be held If 50% +l property owners oppose a fee increase, it cannot be implemented. 2018 v Now will Santa Anas solid waste fees compare? Commercial Service _ om N1301 33 Nmw ��. u. � Swm 2. x. �� 1■ ���I' Sou,'• g g Rate Adjustment Process (Prop 218) In 1996 CA voters approved Prop. 218 which requires agencies to have a vote by the impacted property of a proposed /increased fee Revenues collected can only be used for their intended purpose Property owners can protest the fee Notices must be sent to all property owners impacted and a public hearing must be held If 50% +l property owners oppose a fee increase, it cannot be implemented. 2018 65B-37 Slide #55 Slide #56 Slide #57a 659?38 Slide #57b SMaRT -Santa Ana Additional Information tF 659239 Bond 0 General ford ■ SAUSD • OCTA City Utility • Solid Waste ri Reliable tom. Solid Waste Rate Adjustment (Residential) Increase — Curbside cart service, base monthly Fee Year 1: 0.0% $ 0.00 Year 2: 5.0% $ 0.87 Year..: 4.6% $ 0.97 Year 4: 4.4% $ 0.97 Year 5: 4.2% $ 0.97 TOTAL $ 3.88 % Increase - 3 yard bin, once weekly collection Year 1; 0.0% $ 0.00 Year 2: 3.6% $ 4.72 Year 3: 3.5% $ 4.72 Year 4. 3.4% $ 472 Years: 12% $ 4,72 TOTAL $ 18.88 65K-40 Rate Adjustment Process 0 Initial Capita )rovement Loan w w w w w e ;• Source Term Annual Payment Amount - Y ® $ 25,000,000 c 1 1.75 %o]0yr estimated Debt Service (20 yrs) $ 1,482,500 $ 50,000,000 4.5F o 20 yr estimated Debt Service (20 yrs) $ 3.796,000 Total Debt 20 years $ 5,278,500 Service Funding available at the time of financing: $ 5,000,000 Total SMART -Santa Ana Budget for Construction: $ 80,000,000 (Prop 218) • In 1966 CA voters approved Prop. 218 which requires agencies to have a vote by the impacted t ' property of a proposed /increased fee j S • Revenues collected can only be used for their W�: ax f2 { intended purpose rr"��, sr • Property owners can protest the fee z s v`$ss • Notices must be sent to all property owners impacted and a public hearing must be held If 50% A property owners oppose a fee increase, it cannot be implemented 0 Initial Capita )rovement Loan w w w w w e ;• Source Term Annual Payment Amount - Y ® $ 25,000,000 c 1 1.75 %o]0yr estimated Debt Service (20 yrs) $ 1,482,500 $ 50,000,000 4.5F o 20 yr estimated Debt Service (20 yrs) $ 3.796,000 Total Debt 20 years $ 5,278,500 Service Funding available at the time of financing: $ 5,000,000 Total SMART -Santa Ana Budget for Construction: $ 80,000,000 283MMUM $30 $25 -YearStrategic Plan -Goal 6 -la: Inventory of Infra structure Assets Goal 6-1b: Maintaltry Infrastructure Assets A f I Goal 6-1c: Invest in Infrastruct re Assets U Goal 6-11d Invest in,Community Goat 6 Monitor lyerformance of lhirastrUCtUre Assets \_\][( \ \\\ � ..� <���\ \)\)( ` }\ \}}\ }\\ . `) ( })))2 li: : :il( 5 | || | | || }\ |�� 17 18 In 20 212 2 2 3 24 25 26 2 7 29 29 30 3132 33 34 3536 3 38 39 40 41 FY EndIng SMART,Santa-Ana is sepal, / Maintain -,116 aid Replace .m ... ii SMART-Santa Ana Bond $5.3 awl a Existing Bond - - $4 "d e -YearStrategic Plan -Goal 6 -la: Inventory of Infra structure Assets Goal 6-1b: Maintaltry Infrastructure Assets Goal 6-1c: Invest in Infrastruct re Assets U Goal 6-11d Invest in,Community Goat 6 Monitor lyerformance of lhirastrUCtUre Assets °� . «.... � ..� <���\ §50- r-%? 6 2 CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: PUBLIC HEARING — RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS (STRATEGIC PLAN NO. 5, 4) CLERK OF COUNCIL USE ONLY: s••c• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading El Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For �\ CONTINUED TO V` FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution affirming the Fiscal Year 2015 -2016 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 (DABS) Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and provide harborage for illegal activity. The abatements are accomplished by board -ups and /or demolition. Property owners are given 2 to 30 days to abate the conditions or the City, through its contractors, will perform the work. The property owners are then notified of the outstanding abatement costs every 30 days until the Planning and Building Agency is reimbursed for the expenditure. 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 three parcels is $5,541.90 (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 of Orange by their deadline of August 10, 2016. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 5 - Community Health Livability, Engagement and Sustainability, Objective # 4 (Support neighborhood vitality and livability). 75A -1 Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings July 5, 2016 Page 2 FISCAL IMPACT The recovered charge will result in an estimated $5,541.90 deposited in the Special Repair and Demolition Fund (Account No. 12116002- 53507). assan Hag ni, Al P Executive Director Planning & Building Agency ER:rb rb \reports \DABS \FY15 -16 RFCA Exhibit: 1. Parcel Assessment Amounts 2. Property Owner Listing 3. DABS Property Conditions 4. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75A -2 AC621-05A— Form B2 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax CC =2 Date July 5, 2016 PARCEL NUMBER ASSESSMENT AMOUNT 6 -15 16 -23 407 - 107 -22 $ 2,458.40 015- 221 -21 $ 374.50 011- 154 -11 $ 2,709.00 TOTAL $ 5,541.90 EXHIBIT 1 75A -3 75A -4 PROPERTY OWNER LISTING FISCAL YEAR 2015 -2016 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Haphan Group Inc. Attn: Derrick H. Nguyen $ 2,458.40 3025 W. Edinger Ave. AP# 407 - 107 -22 14590 Von Vir Westminster, CA 92683 Jessie M. Carter & Burnis Carter $ 374.50 1105 W. Carlton Place AP# 015- 221 -21 1105 Carlton Place Santa Ana, CA 92707 Brenda Lee Lassiter, Andrew Lassiter, Matthew $ 2,709.00 Lassiter. Robert D. Turner & 1610 E. 1st Street AP# 011 - 154 -11 Nolan D. Turner 13811 Henstridge Circle Tustin, CA 92780 EXHIBIT 2 75A -5 75A -6 DANGEROUS AND ABANDONED BUILDINGS ABATEMENT ASSESSMENTS FISCAL YEAR 2015 -2016 AP # 407 - 107 -22 ADDRESS: 3025 W. Edinger Avenue OWNER OF RECORD: Haphan Group Inc. ATTENTION: Derrick H. Nguyen STATEMENT OF CONDITIONS The property was in extreme disrepair and in severely substandard condition. The property was unsecured allowing intrusion of persons and was an attractive nuisance. The property was boarded up to prevent unlawful entry. ASSESSMENT AMOUNT: S 2,458.40 EXHIBIT 3 75A -7 DANGEROUS AND ABANDONED BUILDINGS ABATEMENT ASSESSMENTS FISCAL YEAR 2015 -2016 AP # 015- 221 -21 ADDRESS: 1105 W. Carlton Place OWNER OF RECORD: Jessie M. Carter & Burnis Carter STATEMENT OF CONDITIONS The property was unsecured allowing intrusion of persons and was an attractive nuisance. The property was boarded up to prevent unlawful entry. ASSESSMENT AMOUNT: $ 374.50 75A -8 DANGEROUS AND ABANDONED BUILDINGS ABATEMENT ASSESSMENTS FISCAL YEAR 2015 -2016 AP # 011 - 154 -11 ADDRESS: 1610 E. 1St Street OWNER OF RECORD: Brenda Lee Lassiter, Andrew Lassiter, Matthew Lassiter, Robert D. Turner and Nolan D. Turner STATEMENT OF CONDITIONS The property was unsecured allowing intrusion of persons and was an attractive nuisance. The property was boarded up to prevent unlawful entry. ASSESSMENT AMOUNT: $ 2,709.00 75A -9 75A -10 LS 6/23/16 RESOLUTION NO 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA 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 property 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 51h day of July, 2016, 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. Section 3. This resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Section 4. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2016. Exhibit 4 75A -11 LS 6123/16 Section 5. The County Auditor is requested to enter the assessments on the county tax rolls. Section 6. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 7, The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and /or fees which are to be placed on the fiscal year 2015 -2016 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of July, 2016 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 - to be the original resolution adopted by the City Council of the City of Santa Aria on July _, 2016. Date: Clerk of the Council City of Santa Ana 75A -12 AC62L05A — Form B2 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax C=2 Date jqV5 2016 PARCEL NUMBER ASSESSMENT AMOUNT 6 -15 16 -23 407 - 107 -22 $ 2,458.40 015 - 221 -21 $ 374.50 011 -154 -11 $ 2,709.00 TOTAL $ 5,541.90 EXHIBIT 1 75A -13 PROPERTY OWNER LISTING FISCAL YEAR 2015 -2016 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT_ Haphan Group Inc. Attn: Derrick H. Nguyen $ 2,458.40 3025 W. Edinger Ave. AP# 407 - 107 -22 14590 Von Vir Westminster, CA 92683 Jessie M. Carter & Burnis Carter $ 374.50 105 W. Carlton Place AP# 015 - 221 -21 1105 Carlton Place Santa Ana, CA 92707 Brenda Lee Lassiter, 1610 E. 15' Street AP# 011- 154 -11 Andrew Lassiter, Matthew $ 2,709.00 Lassiter, Robert D. Turner & Nolan D. Turner. EXHIBIT 2 75A -14 CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: PUBLIC HEARING — RESOLUTION AFFIRMING THE WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2015 -2016 (STRATEGIC PLAN NO. 5, 4E) CLERK OF COUNCIL USE ONLY: UT••:0 _k ❑ As Recommended ❑ As Amended ❑ Ordinance on tat Reading ❑ Ordinance on 2ntl Reading ® Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution affirming the Fiscal Year 2015 -2016 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 Santa Ana 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 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's Office. When a property is posted a second time within 12 months for the same violation, the City assesses a re- posting charge. Property owners have a minimum of 30 days and up to the time that the City submits the collection order to the County to make their payment(s). This year, there is $12,240 to date in outstanding charges for parcels cleaned by the City contractor and posted by City staff (Exhibit 1). Filing a property assessment through the County is the most effective method of collecting the outstanding charges. The charges are placed on the corresponding property tax rolls and paid through regular property tax assessments to the County of Orange. If a property is in default, the charges are collected when the property changes ownership. The County deadline for inclusion is August 10, 2016. The total amount of outstanding charges is subject to change due to payments received following the Council approval date but before the County deadline. The final charges will be submitted directly to the County for collection after affirmation by the Council. There is no fee to the City for this service. 75B -1 Public Hearing — Weed Abatement Public Nuisance Report 2015 -16 July 5, 2016 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy E (implement innovative code enforcement practices and strategies... to address critical livability issues citywide). FISCAL IMPACT All revenues collected will be deposited into the Sanitation Fund (Account No. 06817002 - 53710). FrJd Mousavipour Ex cutive Director Public Works Agency FM /PG Exhibit: 1. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75B -2 KCN 06/02/16 RESOLUTION NO. 2016- 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 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 Attachment 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 5th day of July, 2016, at the hour of 5:45 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 forthe 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; Attachment 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, 2016, Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Resolution No. 2016 - Page 1 of 3 E 75913 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 2015 -2016 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia Carvalho City Attorney By: 4 -i Kyl , Nellesen Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 2016. I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No.2016 -_ 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 75B -4 Resolution No. 2016 - Page 2 of 33 ATTACHMENT CITY OF SANTA ANA FISCAL YEAR 2015.2016 WEED ABATEMENT PROGRAM REPORT Jurisdiction: Santa Ana Type of Tax: B8 AC62LO5A - FORM B2 Special Assessment Add Date: Transactions August, 2016 PARCEL NUMBER ASSESSMENT AMOUNT 16.23 PARCELNUMBER 6-i 5,, • ASSESSMENT' +;` AMOUNT I6 -23 002 - 261 -06 64 003 - 120 -44 122 TAX RATE AREA 11 -054 004- 172.43 61 UTILITY Burlington Northern 007. 121.05 61 AMOUNT $1060 007 - 202.24 64 DESCRIPTION Weed Abatement 010 - 161.07 61 SBE804.30 -11B -1 1060 011. 154.11 2189 015 - 221 -21 869 100- 231 -01 122 100- 241.31 61 101 - 055 -11 61 101 - 561 -16 61 108- 102.13 61 108- 434 -02 64 109. 731 -02 61 144. 341 -07 1322 198 - 261 -26 61 398 - 194.08 61 398. 292.02 61 398.454 -15 2196 398- 471.07 640 398.491.15 61 404. 046.12 2366 404. 072.01 61 404. 096 -07 64 407. 026 -28 61 408. 063.19 61 408.416 -10 61 410 - 083 -32 61 412 - 276 -05 61 75B -5 75B -6 WaMF 0- l Lei -- *' CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: PUBLIC HEARING — REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS {STRATEGIC PLAN NO. 5, 61 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: =06 .: 10 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 a' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the report on Water Quality Relative to Public Health Goals. DISCUSSION The California Environmental Protection Agency Office of Environmental Health Hazard Assessment establishes Public Health Goals (PHGs) for drinking water contaminants. The PHGs are guidelines and are not requirements for any public water system. PHGs are frequently much lower than the maximum contaminant levels (MCLs) established by the United States Environmental Protection Agency ( USEPA). Under provisions of the California Health and Safety Code, the City is required to prepare a special report every three years identifying water quality measurements that have exceeded PHGs (Exhibit 1). For the years of 2013, 2014, and 2015, the report depicts that Santa Ana's drinking water continues to meet all State of California, Department of Health Services, and USEPA drinking water standards set to protect public health. In addition, the City's drinking water content of naturally occurring uranium, arsenic, and hexavalent chromium levels exceeded the recommended PHG levels. The report states that for naturally occurring uranium and arsenic, additional treatment would be very expensive, marginally effective, and would not result in significant reduction of the contaminants; therefore, no action is proposed. State law specifies that a public hearing for the purpose of accepting and responding to public comments on the report be held. This public hearing meets the legal requirement. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents). 75C -1 Public Hearing — Report on Water Quality Relative to Public Health Goals July 5, 2016 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. re Mousavipour Executive Director Public Works Agency FM /NS /RR Exhibits: 1. City of Santa Ana Report on Water Quality Relative to Public Health Goals 2. California Health and Safety Code § 116470 3. Listing of all Regulated Constituents with MCLs and PHGs or MCI-Gs 4. 2013 Consumer Confidence Report 5. 2014 Consumer Confidence Report 6. 2015 Consumer Confidence Report 75C -2 CITY OF SANTA ANA 2016 PUBLIC HEALTH GOAL REPORT JUNE 2016 861 Village Oaks Drive, Suite 100 -Covina, California 91724 Phone: (626) 967 -6202 -FAX: (626)331 -7065 -Web site:www.stetsonengineers.eom Northern California - Southern California • Arizona • Colorado Exhibit 1 75C -3 2016 Public Health Goal Report City of Santa Ana 1.0 Introduction Under the Calderon -Sher Safe Drinking Water Act of 1996 public water systems in California serving greater than 10,000 service connections must prepare a report containing information on 1) detection of any contaminant in drinking water at a level exceeding a Public Health Goal (PHG), 2) estimate of costs to remove detected contaminants to below the PHG using Best Available Technology (BAT), and 3) health risks for each contaminant exceeding a PHG. This report must be made available to the public every three years. The initial report was due on July 1, 1998, and subsequent reports are due every three years thereafter. This report has been prepared to address the requirements set forth in Section 116470 of the California Health and Safety Code. It is based on water quality analyses during calendar years 2013, 2014, and 2015 or, if certain analyses were not performed during those years, the most recent data available. The report has been designed to be as informative as possible, without unnecessary duplication of information contained in the Consumer Confidence Reports, which are mailed to customers by July 1" of each year. There are no regulations explaining requirements for the preparation of PHG reports. A workgroup of the Association of California Water Agencies (ACWA) Water Quality Committee has prepared suggested guidelines for water utilities to use in preparing PHG reports. The ACWA guidelines were used in the preparation of this report. These guidelines include tables of cost estimates for BAT. The State of California (State) provides ACWA with numerical health risks and category of health risk information for contaminants with PHGs. This health risk information is appended to the ACWA guidelines. 2.0 California Drinking Water Regulatory Process California Health and Safety Code Section 116365 requires the State to develop a PHG for every contaminant with a primary drinking water standard or for any contaminant the State is proposing to regulate with a primary drinking water standard. A PHG is the level of a contaminant in drinking water that poses no significant health risk if consumed for a lifetime. The process of establishing a PHG is a risk assessment based strictly on human health considerations. PHGs are recommended targets and are not required to be met by any public water system. The State office designated to develop PHGs is the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA). The PHG is then forwarded to the State Water Resources Control Board, Division of Drinking Water Ana Exhibit 1 75C -4 2016 PHG Report (DDW) for use in revising or developing a Maximum Contaminant Level (MCL) in drinking water. The MCL is the highest level of a contaminant that is allowed in drinking water. California MCLs cannot be less stringent than federal MCLs and must be as close as is technically and economically feasible to the PHGs. DDW is required to take treatment technologies and cost of compliance into account when setting an MCL. Each MCL is reviewed at least once every five years. Total chromium and two radiological contaminants (gross alpha particle and gross beta particle) have MCLs but do not yet have designated PHGs. For these contaminants, the Maximum Contaminant Level Goal (MCLG), the federal U.S. Environmental Protection Agency (USEPA) equivalent of PHGs, is used in the PHG Report. N- nitrosodimethylamine (NDMA) has a PHG of 3 nanograms per liter and 1,2,3 - trichloropropane (1,2,3 -TCP) has a PHG of 0.7 nanogram per liter but both are not regulated in drinking water with a primary drinking water standard. Bromodichloromethane, bromoform, and dichloroacetic acid are three disinfection byproducts that have federal MCLGs of 0 but are not individually regulated with primary drinking water standards. According to the ACWA guidance and instructions from DDW, these five chemicals do not have to be included in the PHG Report because they do not have an existing MCL. 3.0 Identification of Contaminants Section 116470(b)(1) of the Health and Safety Code requires public water systems serving more than 10,000 service connections to identify each contaminant detected in drinking water that exceeded the applicable PHG. Section 116470(f) requires the MCLG to be used for comparison if there is no applicable PHG. The City of Santa Ana (City) water system has approximately 44,739 service connections. The following constituents were detected at one or more locations within the drinking water system at levels that exceeded the applicable PHGs or MCLGs: • Arsenic — naturally- occurring in local groundwater and in surface water purchased from the Metropolitan Water District of Southern California (MWDSC) • Coliform Bacteria, Total — naturally- occurring in the environment but can also be an indicator of the presence of other pathogenic organisms originating from sewage, livestock or other wildlife. • Chromium, Hexavalent — naturally- occurring in local groundwater; industrial contamination in groundwater • Perchlorate — industrial contamination in groundwater • Gross alpha particle activity (gross alpha) — naturally- occurring in surface water purchased from MWDSC • Gross beta particle activity (gross beta) — naturally- occurring in surface water purchased from MWDSC • Uranium — naturally- occurring in local groundwater and in surface water purchased from MWDSC. City of Santa Ana Exhibit 1 75C -5 2016 PHG The accompanying chart shows the applicable PHG or MCLG and MCL for each contaminant identified above. The chart includes the maximum, minimum, and average concentrations of each contaminant in drinking water supplied by the City in calendar years 2013 through 2015. 4.0 Numerical Public Health Risks Section 116470(b)(2) of the Health and Safety Code requires disclosure of the numerical public health risk, determined by OEHHA, associated with the MCLs, Action Levels, PHGs and MCLGs. Available numerical health risks developed by OEHHA for the contaminants identified above are shown on the accompany chart. Only numerical risks associated with cancer- causing chemicals have been quantified by OEHHA. Arsenic — OEHHA has determined that the theoretical health risk associated with the PHG is 1 excess case of cancer in a million people and the risk associated with the MCL is 2.5 excess cases of cancer in 1,000 people exposed over a 70 -year lifetime. Chromium, Hexavalent — OEHHA has determined that the theoretical health risk associated with the PHG is 1 excess case of cancer in a million people and the risk associated with the MCL is 5 excess cases of cancer in 10,000 people exposed over a 70 -year lifetime. Coliform Bacteria, Total — USEPA has determined that the health risk associated with the MCLG is 0. Gross Alpha — USEPA has determined that the theoretical health risk associated with the MCLG is 0 and the risk associated with the MCL is 1 excess case of cancer in 1,000 people over a lifetime exposure. Gross Beta — USEPA has determined that the health risk associated with the MCLG is 0 and the risk associated with the MCL is 2 excess cases of cancer in 1,000 people over a lifetime exposure. Perchlorate — OEHHA has not established a numerical health risk for perchlorate because PHGs for non - carcinogenic chemicals in drinking water are set at a concentration at which no known or anticipated adverse health risks will occur, with an adequate margin of safety. Uranium — OEHHA has determined that the theoretical health risk associated with the PHG is 1 excess case of cancer in a million people and the risk associated with the MCL is 5 excess cases of cancer in 100,000 people exposed over a 70 -year lifetime. City of Santa Ana Exhibit 1 75C -6 2016 PHG Report 5.0 Identification of Risk Categories Section 116470(b)(3) of the Health and Safety Code requires identification of the category of risk to public health associated with exposure to the contaminant in drinking water, including a brief, plainly worded description of those terms. The risk categories and definitions for the contaminants identified above are shown on the accompanying chart. 6.0 Description of Best Available Technology Section 116470(b)(4) of the Health and Safety Code requires a description of the BAT, if any is available on a commercial basis, to remove or reduce the concentrations of the contaminants identified above. The SATs are shown on the accompanying chart. 7.0 Costs of Using Best Available Technologies and Intended Actions Section 116470(b)(5) of the Health and Safety Code requires an estimate of the aggregate cost and cost per customer of utilizing the BATS identified to reduce the concentration of a contaminant to a level at or below the PHG or MCLG. In addition, Section 116470(b)(6) requires a brief description of any actions the water purveyor intends to take to reduce the concentration of the contaminant and the basis for that decision. Arsenic — The BATS for removal of arsenic in water for large water systems are: activated alumina, coagulation /filtration, electrodialysis, ion exchange, lime softening, oxidation /filtration, and reverse osmosis. Arsenic was detected above the PHG in the local groundwater (Wells 37 and 38) and in surface water supplied by MWDSC. The City is in compliance with the MCL for arsenic. The estimated cost to reduce arsenic levels in local groundwater and in MWDSC surface water to below the PHG of 0.004 microgram per liter (Ng /1) using ion exchange was calculated. Because the DDW detection limit for purposes of reporting (DLR) for arsenic is 2 pg /l, treating arsenic to below the PHG level means treating arsenic to below the DLR of 2 pg /I. There are numerous factors that may influence the actual cost of reducing arsenic levels to the PHG. Achieving the water quality goal for arsenic could be approximately $7,440,000 per year, or $166 per household per year. Chromium, Hexavalent — The BATs for removal of hexavalent chromium in water are: reduction to chromium III (trivalent chromium) prior to coagulation /filtration, ion exchange, and reverse osmosis. Hexavalent chromium was detected above the PHG in the local groundwater (Wells 20, 21, 24, 29, 30, 33, 34, 35, 36, 37, 39, and 41). The City is in compliance with the MCL. for hexavalent chromium. The estimated cost to reduce hexavalent chromium levels in local groundwater to below the PHG of 0.02 lag /I using ion exchange was calculated. Because the DLR for hexavalent chromium is 1 lag /l, treating hexavalent chromium to below the PHG level means treating hexavalent chromium to below the DLR of 1 pg /l. There are numerous factors that may influence the actual cost of reducing hexavalent chromium levels to the PHG. Achieving the City of Santa Ana 4 2016 PHG Report Exhibit 1 75C -7 water quality goal for hexavalent chromium could range from $11,000,000 to $46,200,000 per year, or between $247 and $1,030 per household per year. Coliform Bacteria, Total — The BAT for removal of coliform bacteria in drinking water has been determined by USEPA to be disinfection. The City already disinfects all water served to the public. Chlorine or chloramines is used to disinfect the water because it is an effective disinfectant and residual concentrations can be maintained to guard against biological contamination in the water distribution system. Coliform bacteria are indicator organisms that are ubiquitous in nature. They are a useful tool because of the ease in monitoring and analysis. The City collects weekly samples for total coliforms at various locations in the distribution system and monthly at each well. If coliform bacteria are detected in the drinking water sample, it indicates a potential problem that needs to be investigated and followed up with additional sampling. It is not unusual for a system to have an occasional positive sample. Although USEPA set the MCLG for total coliforms at 0 percent positive, there is no commercially available technology that will guarantee 0 percent positive every single month; therefore, the cost of achieving the PHG cannot be estimated. The City will continue several programs that are in place to prevent contamination of the water supply with microorganisms. These include: • Disinfection using chlorine or chloramines and maintenance of a chlorine residual at every point in the distribution system • Monitoring throughout the distribution system to verify the absence of total coliforms and the presence of a protective chlorine residual • Flushing program in which water pipelines known to have little use are flushed to remove stagnant water and bring in fresh water with residual disinfectant • Cross - connection control program that prevents the accidental entry of non - disinfected water into the drinking water system. Gross Alpha, Gross Beta, and Uranium — The only BAT for the removal of gross alpha in water for large water systems is reverse osmosis, which can also remove gross beta, and uranium, if detected. Gross alpha and gross beta were detected above the MCLG in the surface water supplied by MWDSC. Uranium was detected above the PHG in the local groundwater (Wells 16, 18, 20, 21, 24, 27, 28, 29, 30, 33, 34, 35, 36, 37, 38, 39, and 41) and in the surface water supplied by MWDSC. The cost of providing treatment using reverse osmosis to reduce gross alpha levels in local groundwater and in MWDSC surface water to the MCLG of 0 picoCurie per liter (pCi /I) (and consequently gross beta in MWDSC surface water below the MCLG; and uranium in local groundwater and in MWDSC surface water below the PHG) was calculated. Because the DLR for gross alpha is 3 pCi /l, treating gross alpha to 0 pCi /I means treating it to below the DLR of 3 pCi /I. Achieving the water quality goal for gross alpha could range from $8,630,000 to $73,600,000 per year, or between $193 and $1,640 per household per year. of Santa Ana Exhibit 1 75C -8 2016 PHG Report Perchlorate - The BATs for removal of perchlorate in water are: ion exchange and biological fluidized bed reactor. Perchlorate was detected above the PHG in the local groundwater (Well 24). The City is in compliance with the MCL for perchlorate. The estimated cost to reduce perchlorate levels in local groundwater to below the PHG of 1 tag /I using ion exchange was calculated. Because the DLR for perchlorate is 4 pg /l, treating perchlorate to below the PHG level means treating perchlorate to below the DLR of 4 lag /l. There are numerous factors that may influence the actual cost of reducing perchlorate levels to the PHG. Achieving the water quality goal for perchlorate could range from $131,000 to $282,000 per year, or between $2.92 and $6.31 per household per year. All Contaminants .- In addition, a cost estimate to treat all water produced or purchased by the City using ion exchange and reverse osmosis to remove all the contaminants detected above the PHGs or MCLGs was calculated. All the contaminants listed in the attached table may be removed to non - detectable levels by ion exchange and reverse osmosis, except total coliform bacteria. As shown on the attached table, achieving the water quality goals for all contaminants, except total coliform bacteria, using ion exchange and reverse osmosis could range from $8,760,000 to $73,900,000 per year, or between $196 and $1,650 per household per year. For additional information, please contact Mr. Thomas Dix, Water Services Quality Coordinator, at (714) 647 -3316, or write to the City of Santa Ana, 220 South Daisy Avenue, Santa Ana, California 92703. City of Santa Ana Exhibit 1 75C -9 2016 PHG Report \} §§ ! (�• !\ \ owl / \ p0&a, \ / \\ \} ) { {/ - ))) i \# /2i ) � \)9!> \ - ;) - _ W W too }}, „ _ No () | })) |!!! ) ! (�• !\ \ owl / \ p0&a, \ / \\ \} ) { {/ - ))) i \# /2i ) � \)9!> \ Exhibit , 750.10 { } ) CALIFORNIA HEALTH AND SAFETY CODE § 116470 (a) As a condition of its operating permit, every public water system shall annually prepare a consumer confidence report and mail or deliver a copy of that report to each customer, other than an occupant, as defined in Section 799.28 of the Civil Code, of a recreational vehicle park. A public water system in a recreational vehicle park with occupants as defined in Section 799.28 of the Civil Code shall prominently display on a bulletin board at the entrance to or in the office of the park, and make available upon request, a copy of the report. The report shall include all of the following information: (1) The source of the water purveyed by the public water system. (2) A brief and plainly worded definition of the terms "maximum contaminant level," "primary drinking water standard," and "public health goal." (3) If any regulated contaminant is detected in public drinking water supplied by the system during the past year, the report shall include all of the following information: (A) The level of the contaminant found in the drinking water, and the corresponding public health goal and primary drinking water standard for that contaminant. (B) Any violations of the primary drinking water standard that have occurred as a result of the presence of the contaminant in the drinking water and a brief and plainly worded statement of health concerns that resulted in the regulation of that contaminant. (C) The public water system's address and phone number to enable customers to obtain further information concerning contaminants and potential health effects. (4) Information on the levels of unregulated contaminants, if any, for which monitoring is required pursuant to state or federal law or regulation. (5) Disclosure of any variances or exemptions from primary drinking water standards granted to the system and the basis therefor. (b) On or before July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections that detect one or more contaminants in drinking water that exceed the applicable public health goal, shall prepare a brief written report in plain language that does all of the following: (1) Identifies each contaminant detected in drinking water that exceeds the applicable public health goal. (2) Discloses the numerical public health risk, determined by the office, associated with the maximum contaminant level for each contaminant identified in paragraph (1) and the numerical public health risk determined by the office associated with the public health goal for that contaminant. EXHIBIT 2 75C -11 1 of (3) Identifies the category of risk to public health, including, but not limited to, carcinogenic, mutagenie, teratogenic, and acute toxicity, associated with exposure to the contaminant in drinking water, and includes a brief plainly worded description of these terms. (4) Describes the best available technology, if any is then available on a commercial basis, to remove the contaminant or reduce the concentration of the contaminant. The public water system may, solely at its own discretion, briefly describe actions that have been taken on its own, or by other entities, to prevent the introduction of the contaminant into drinking water supplies. (5) Estimates the aggregate cost and the cost per customer of utilizing the technology described in paragraph (4), if any, to reduce the concentration of that contaminant in drinking water to a level at or below the public health goal. (6) Briefly describes what action, if any, the local water purveyor intends to take to reduce the concentration of the contaminant in public drinking water supplies and the basis for that decision. (c) Public water systems required to prepare a report pursuant to subdivision (b) shall hold a public hearing for the purpose of accepting and responding to public comment on the report. Public water systems may hold the public hearing as part of any regularly scheduled meeting. (d) The department shall not require a public water system to take any action to reduce or eliminate any exceedance of a public health goal. (e) Enforcement of this section does not require the department to amend a public water system's operating permit. (f) Pending adoption of a public health goal by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365, and in lieu thereof, public water systems shall use the national maximum contaminant level goal adopted by the United States Environmental Protection Agency for the corresponding contaminant for purposes of complying with the notice and hearing requirements of this section. (g) This section is intended to provide an alternative form for the federally required consumer confidence report as authorized by 42 U.S.C. Section 300g -3(c). EXHIBIT 2 75C -12 2of2 MCLs, DLRs, and PHGs for Regulated Drinking Water Contaminants (Units are in milligrams per liter (mg /L), unless otherwise noted.) Last Update: September 23, 2015 This table includes: California's maximum contaminant levels (MCLs) Detection limits for purposes of reporting (DLRs) Public health goals (PHGs) from the Office of Environmental Health Hazard Assessment OEHHA Also, PHGs for NDMA and 1,2,3 - Trichloropropane (which are not yet regulated) are included at the bottom of this table. Date of MCL DLR PHG PHG Chemicals with MCLs in 22 CCR §64431— Inorganic Chemicals Aluminum 1 0.05 0.6 2001 Antimony 0.006 0.006 0.02 1997 Antimony 0.0007 2009 draft Arsenic 0.010 0.002 0.000004 2004 Asbestos (MFL = million fibers per liter; for 7 MFL 0.2 MFL 7 MFL 2003 fibers >10 microns Ion Barium 1 0.1 2 2003 Be Ilium 0.004 0.001 0.001 1 2003 Cadmium 0.005 0.001 0.00004 2006 Chromium, Total - OEHHA withdrew the `Withdrawn 0.05 0.01 1999 0.0025 -m /L PHG Nov. 2001 Chromium, Hexavalent 0.010 0.001 0.00002 2011 Cyanide 0.15 0.1 0.15 1997 Fluoride 2 0.1 1 1997 Mercury (inorganic) 0.002 0.001 0.0012 1999 rev2005 * Nickel 0.1 0.01 0.012 2001 Nitrate (as nitrogen, N) 10 as N 0.4 45 as NO3 1997 =10asN Nitrite as N 1 as N 0.4 1 as N 1997 Nitrate + Nitrite as N 10 as N 10 as N 1997 Perchlorate 0.006 0.004 0.001 2015 Selenium 0.05 0.005 0.03 2010 Thallium 0.002 0.001 0.0001 1999 rev2004 Exhibit 3 75C -13 MCLs, DLRs, and PHGs for Regulated Drinking Water Contaminants (Units are in milligrams per liter (mg /L), unless otherwise noted.) Last Update: September 23, 2015 Copper and Lead, 22 CCR §64672.3 Values referred to as MCLs for lead and copper are not actually MCLs; instead, they are called Action Levels" under the lead and copper rule Copper 1.3 0.05 1 0.3 2008 Lead 0.015 0.005 0.0002 1 2009 Radionuclides with MCLs in 22 CCR §64441 and §64443 — Radioactivity (units are picocuries per liter (pCi /L), unless otherwise stated; n/a = not applicable] Gross alpha particle activity- OEHHA concluded in 2003 that a PHG was not practical 15 3 none n/a Gross beta particle activity - OEHHA concluded in 2003 that a PHG was not practical 4 mrem /yr 4 none n/a Radium -226 1 0.05 2006 Radium -228 1 1 1 0.019 2006 Radium - 226 + Radium -228 5 Strontium-90 8 2 0.35 2006 Tritium 20,000 1,000 400 2006 Uranium 20 1 0.43 2001 Exhibit 3 75C -14 MCLs, DLRs, and PHGs for Regulated Drinking Water Contaminants (Units are in milligrams per liter (mglL), unless otherwise noted.) Last Update: September 23, 2015 Chemicals with MCLs in 22 CCR §64444- Organic Chemicals (a) Volatile Organic Chemicals (VOCs) Benzene 0.001 0.0005 0.00015 2001 Carbon tetrachloride 0.0005 0.0005 0.0001 2000 1,2- Dichlorobenzene 0.6 0.0005 0.6 1997 rev2009 1,4- Dichlorobenzene -DCB 0.005 0.0005 0.006 1997 1, 1 -Dichloroethane 1,1 -DCA 0.005 0.0005 0.003 2003 1,2- Dichloroethane(1,2 -DCA) 0.0005 0.0005 0.0004 1 rev20 2005 1,1- Dichloroeth lene 1,1 -DCE 0.006 0.0005 0.01 1999 cis -1,2- Dichloroeth lene 0.006 0.0005 0.1 2006 trans -1,2- Dichloroeth lene 0.01 0.0005 0.06 2006 Dichloromethane (Methylene chloride) 0.005 0.0005 0.004 2000 1,2- Dichloro ro ane 0.005 0.0005 0.0005 1999 1,3- Dichloropropene 0.0005 0.0005 0.0002 1999 rev2006 Eth (benzene 0.3 0.0005 0.3 1997 Methyl terfiaEy butyl ether MTBE 0.013 0.003 0.013 1999 Monochlorobenzene 0.07 0.0005 0.07 2014 Styrene 0.1 0.0005 0.0005 2010 1,1,2,2 - Tetrachloroethane 0.001 0.0005 0.0001 2003 Tetrachloroeth lene (PCE) 0.005 0.0005 0.00006 2001 Toluene 0.15 0.0005 0.15 1999 1,2,4 - Trichlorobenzene 0.005 0.0005 0.005 1999 1,1,1 - Trichloroethane 1,1,1 -TCA 0.2 1 0.0005 1 2006 1,1,2 - Trichloroethane 1,1,2 -TCA 0.005 0.0005 0.0003 2006 Trichloroeth lene (TCE) 0.005 0.0005 0.0017 2009 Trichlorofluorom ethane Freon 11 0.15 0.005 1.3 2014 1,1,2 - Trichloro- 1,2,2 - Trifluoroethane (Freon 113 12 .. 001 4 1997 rev2011 Vinyl chloride 0.0005 0.0005 0.00005 2000 X lenes 1.75 0.0005 1.8 1997 Exhibit 3 75C -15 MCLs, DLRs, and PHGs for Regulated Drinking Water Contaminants (Units are in milligrams per liter (mg /L), unless otherwise noted.) Last Update: September 23, 2015 (b) Non - Volatile Synthetic Organic Chemicals (SOCs) Alachlor 0.002 0.001 0.004 Atrazine 0.001 0.0005 0.00015 Bentazon 0.018 0.002 0.2 j5draft Benzo a rene 0.0002 0.0001 0.000007 Carbofuran 0.018 0.005 0.0017 Carbofuran 0.0007 Chlordane 0.0001 0.0001 0.00003 1997 rev2006 Dalapon 0.2 0.01 0.79 1997 rev2009 1,2- Dibromo- 3- chloropropane (DBCP) 0.0002 0.00001 0.0000017 1999 2,4- Dichlorophenoxyacetic acid (2,4 -D) 0.07 0.01 0.02 2009 Di 2 -eth Ihex adi ate 0.4 0.005 0.2 2003 Di 2 -eth Ihex hthalate DEHP 0.004 0.003 0.012 1997 Dinoseb 0.007 0.002 0.014 1997 rev2010 Di uat 0.02 0.004 0.015 2000 Di uat 0.006 2015 draft Endrin 0.002 0.0001 0.0018 1999 rev2008 Endrin 0.0003 2015 draft Endothal 0.1 0.045 0.094 2014 Ethylene dibromide EDB 0.00005 0.00002 0.00001 2003 Glyphosate 0.7 0.025 0.9 2007 Heptachlor 0.00001 0.00001 0.000008 1999 He tachlore oxide 0.00001 1 0.00001 0.000006 1999 Hexachlorobenzene 0.001 0.0005 0.00003 2003 Hexachloroc clopentadiene 0.05 0.001 0.002 2014 Lindane 0.0002 0.0002 0.000032 1999 rev2005 Exhibit 3 75C -16 MCLs, DLRs, and PHGs for Regulated Drinking Water Contaminants (Units are in milligrams per liter (mg /L), unless otherwise noted.) Last Update: September 23, 2015 Methox chlor 0.03 0.01 0.00009 2010 Molinate 0.02 0.002 0.001 2008 Oxam I 0.05 0.02 0.026 2009 Pentachloro henol 0.001 0.0002 0.0003 2009 Picloram 0.5 0.001 0.5 1997 Picloram 0.166 2015 draft Polychlorinated bi hen Is PCBs 0.0005 0.0005 0.00009 2007 Simazine 0.004 1 0.001 0.004 1 2001 2,4,5 -TP Silvex 0.05 0.001 0.003 2014 2,3,7,8 -TCDD (dioxin) 3x108 5x10 "9 5xio -11 2010 Thiobencarb 0.07 0.001 0.07 2000 Thiobencarb 0.042 2015 draft Toxa hene 0.003 0.001 0.00003 2003 Chemicals with MCLs in 22 CCR §64533- Disinfection Byproducts Total Trihalomethanes 0.080 0.0008 2010 draft Bromodichloromethane 0.0010 Bromoform 0.0010 Chloroform 0.0010 Dibromochloromethane 0.0010 Haloacetic Acids (five) HAAS) 0.060 Monochloroacetic Acid 0.0020 Dichloroacetic Adic 1 0.0010 Trichloroacetic Acid 0.0010 Monobromoacetic Acid 0.0010 Dibromoacetic Acid 0.0010 Bromate 0.010 0.0050" 0.0001 2009 Chlorite 1.0 0.020 0.05 2009 Exhibit 3 75C -17 MCLs, DLRs, and PHGs for Regulated Drinking Water Contaminants (Units are in milligrams per liter (mg /L), unless otherwise noted.) Last Update: September 23, 2015 Chemicals with PHGs established in response to DDW requests. These are not currently regulated drinking water contaminants. N- Nitrosodimethylamine (NDMA) 0.000003 2006 1,2,3 - Trichloropropane 0.0000007 2009 *OEHHA's review of this chemical during the year indicated (rev20XX) resulted in no change in the PHG. * *The DLR for Bromate is 0.0010 mg /L for analysis performed using EPA Method 317.0 Revision 2.0, 321.8, or 326.0. Exhibit 3 75C -18 2013 WATER Every time you open the faucet to fill your glass with tap water, you can be proud that it is being delivered by an award - winning agency known for its reliability, efficiency, quality and "green approach." Santa Ana's water ranked the nation's best tasting and highest quality an tap. p ena�uwr., � ��n�x�i >. x!wz.vr,•nnx.u�w �aia.,:,xa se VuY i 'At imm M9T aJ'M 9. � ry 15'M1'16 W'0 � 1 T IlmnlA0.tt]TM^T Jn %.ypyuvp4 a'•i n�o �. w� +una. xv. EXHIBIT 4 75C -19 0 Q k4 qpg } e r _ 75C -19 0 Q k4 qpg MESSAGE FROM WILLIAM GALVEZ I am pleased to present the 2013 Consumer Confidence $'<' `"- t Report(CCR)whereyoucan learnabout thesourcesand r - quality of water we. deliver to you, our customer. perhaps oneofthemost important topics we discuss in thisyears `k 14 report is water conservation. Governor Brown declai ed a a- state of emergency because of California's record dry condi- dons, catling on all of us to cut back our water use by at least 20 percent." hedrought —which officials say could beoneoftheworstr,` in the state's history— is a critical issue Californians face, andwezll must do our part to become more efficient in our water use. - The City of Santa Ana adopted a strategic plan eariler this year, which —among other important initiatives — focuses on completing the City s Climate Action Plan with measures to address water conservation, energy efficient buildings (city and community) and greenhouse gas emissions. Creating awareness for and educat- ing the community about water conservation is an important component of the plan. You wil I find in this report simple water- saving tips that wills Iso help you save money. With just a few small changes, we can alf do our part to conserve, build a sustainable future together, and protect our most precious resource. You will also learn about the California State Water Project, a backbone of California's water system, and what's at stake if upgrades to its water delivery infrastructure are not made. These upgrades, along with measures to prutect the Delta ecosystem, are part of the Bay Delta Conservation Plan (BDCP), which is being reviewed for adoption. Supporting the BDCP Is essential to preserving a reliable water supply and ourfuture sustainability. What's more, did you know your tap water ranked the best tasting and highest quality in the nation? The City was thrilled to earn this prestigious distinction, receiving the top award among all other municipal water districts in the nation, l believe it is testimony to the stringent standards we set for our tap water, which exceed the drinking water health standards required by both the State of California Department of Public Health and the United States Environmental Protection Agency. These requirements and how our water tested throughout the year are detailed in the charts of this report. I hope you enjoy reading this year's report and will use it as a valuable resource. please share this informa- tion with anyone who drinks Santa Ana water, especially those who may not have received this report. Starting today, particularly as we approach the sumrner months, my wish is that the word "conservation' crimes first to your mind every time you turn on the faucet! Sincerely, William Galvez interim Executive Director Public Works Agency City of Santa Ana 1M WATER ROAIITY REPORT EXHIBIT 4 75C -20 r The focal point of the waaterquality report is a table that lists the results of year -round monitoring for more than 1247 constituents. Only the constituents that are found are listed in the water quality data tables. Bottled water is not covered In this report. Santa Ana metal I primary drinking water standards in 2013. By reading the table from left to right, you will learn the quantity of a constituent found in Santa Ana's water supply and how that compares with the al lowabie state and federal limits. You'll also learn the range and average of the constituent measured as well as its origin. The questions and answers starting on this page, numbers 9. through 7, will explain the important elements of the table. WATER SOURCE & COMPONENTS *0s L What are the sourcces of the water santa Ana rdetivers? The City of Santa Ana depends on two sources for the 125 billion gallons of water we supply each year -68 Percentage is groundwater and 32 percentage is imported water, purchased from the Metropolitan Water District of Southern California (MWD), Thegrourrdwater accumulates and is stored beneath the surface of theearth and then pumped to the surface by 20 Cityownad wells. M WD brings Colorado River water from Lake Havasu and runoff from the snow pack in the Sierra Nevada Range in Northern California. The water Is then treated at either the Diemer Filtration Plant in Yorba Linda or the Weymouth Filtration plant in LaVerne before it is delivered to Santa Ana. There are seven M WD connections located in the city. Most of our customers receive a blending of the two sources, groundwater and imported water. For more details, seethe Water Quality Standards for each of these sources in the data that follow. We have listed groundwater and imported water in separate columns. 2. Wheat's in r„ y drinkidg wofoO Your tap water may contdn different types of chemicals (organic and Inorganic), microscopic organisms (e.g., bacteria, algae, viruses) and radioactive materials (radionuclides), manyof which are naturally occurring. Health agencies require monitoring for these constituents, because at certain levels they could make a person sick. The column marked "parameter" lists the constituents found in the water used by Santa Ana. 3. What are the rnaxianurn allowed fuveN far constituents in drinking water} Health agencies have maximum contaminant levels for constituents so that drinking water is safe and looks, Castes and smells goad. A few constituents have the letters "TT" in the MCL column because they do not have a numerical MCL Instead, they have certain treatment requirements that have to be met. One of the constituents, total chlorine residual, has an MRDL (maximum residual disinfection level) instead of an MCL. The MRDL Is the maximum level of a disinfectant added for water treatment that is allowed in water. While disinfectants are necessary to till harmful microbes, drinking water regulations protect against too much disinfectant being added. Another constltuant, turbidity, has a requirement that 95 percent of the measurements taken must be below a certain number. Turbidity is a measure of the cloudiness of Che water. We monitor It because it is a good indicator of the efficiency of the filtration system. IM WATER OUAI.ITY REPORT 1 *1 [17YA1 75C -21 ..,eaeJ 4. VIM,) lirC`Iffi ne of f d le Log I)6 Itwl I, .tstit lA ir7x f,fiiOa liL feltitf F(lui C'fy Mtdtl(?Sar(IS chi +_)OtiH:!'i in the - '.Secontleary Stnudard:, "7 Constituents that are grouped in the primary standards section may be unhealthy at certain levels. Constitu- ents that are grouped under the secondary standards section can affect the appearance, taste and smell of water, but do not affect the safety of the water unless they also have a primary standard. Some constituents (e.g., aluminum) have two different MCLs (Maximum Contaminent Level), one for health - related impacts, and another for non- health - related impacts not related to health. 5 Howdoikrmnv harmmuchofa eonsfitueatt k tan illy water and ifn iiofasafr1� °vrl? With a taw exceptions, if the average amount of a cmtsti tuent €aund in tap water over the course of a year is no greater than the MCL, than the regulatory requirements are considered to be satisfied. The highest and lowest levels measured overa year are shown in the range. Requirements for safety, appearance, tasteand smell are based oil the average levels recorded and not the range. FfnwCIO (onmtu €attrjet into rare vflfE.f Drinking water (tap water and bottled watery comes h am rivers, lakes, streams, ponds, reservoit's, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pickup substances resulting from the presence of animals or human activity. The most likely source for each constituent is listed in the last column of the table. r 7 7, At thew aiiy potentik;f soOwCos of <orlturuintrtivrr in caul sq,tearr' An assessment of the drinking water wells for the City of Santa Ana was completed in December 2013. The City wells are considered most vulnerable to the following activities associated with contaminants detected In the water supply: historic agricultural activities, golf courses, and application of fertilizers. The City's wePs are considered most vulnerable to the, following activities not associated with detected contaminates: chemical /petroleum pipelines, chennicallpetraleum processing/st'ores, dry cleaners, gas stakions,Junkls ¢ raplsalvage yards, mekal platinpfhnlshing /fabrlcatiorr, plest.Ics /synthetics pradueers, and sewer collection systems. For morelnformation,contact., GET INVOLVED. Santa Ana city Council If you would like to be involved in issues and decisions that affect 20 Civic Center Plaza the quality and cast of your drinking water, City Council meetings P.O. Box 1988, M31 are open to the public and hell at 5:45 p.mc on the first and third Santa Ana, CA 92702 Tuesday of each month. The meeting location is at City Council phone: 714 -647 -6900 Chambers, 22 Civic Center Plaza, Santa Ana, CA 92761. fax: 714- 647 -6954 I® WATER ORALITY REPORT 75C -22 3 A ..,eaeJ 4. VIM,) lirC`Iffi ne of f d le Log I)6 Itwl I, .tstit lA ir7x f,fiiOa liL feltitf F(lui C'fy Mtdtl(?Sar(IS chi +_)OtiH:!'i in the - '.Secontleary Stnudard:, "7 Constituents that are grouped in the primary standards section may be unhealthy at certain levels. Constitu- ents that are grouped under the secondary standards section can affect the appearance, taste and smell of water, but do not affect the safety of the water unless they also have a primary standard. Some constituents (e.g., aluminum) have two different MCLs (Maximum Contaminent Level), one for health - related impacts, and another for non- health - related impacts not related to health. 5 Howdoikrmnv harmmuchofa eonsfitueatt k tan illy water and ifn iiofasafr1� °vrl? With a taw exceptions, if the average amount of a cmtsti tuent €aund in tap water over the course of a year is no greater than the MCL, than the regulatory requirements are considered to be satisfied. The highest and lowest levels measured overa year are shown in the range. Requirements for safety, appearance, tasteand smell are based oil the average levels recorded and not the range. FfnwCIO (onmtu €attrjet into rare vflfE.f Drinking water (tap water and bottled watery comes h am rivers, lakes, streams, ponds, reservoit's, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pickup substances resulting from the presence of animals or human activity. The most likely source for each constituent is listed in the last column of the table. r 7 7, At thew aiiy potentik;f soOwCos of <orlturuintrtivrr in caul sq,tearr' An assessment of the drinking water wells for the City of Santa Ana was completed in December 2013. The City wells are considered most vulnerable to the following activities associated with contaminants detected In the water supply: historic agricultural activities, golf courses, and application of fertilizers. The City's wePs are considered most vulnerable to the, following activities not associated with detected contaminates: chemical /petroleum pipelines, chennicallpetraleum processing/st'ores, dry cleaners, gas stakions,Junkls ¢ raplsalvage yards, mekal platinpfhnlshing /fabrlcatiorr, plest.Ics /synthetics pradueers, and sewer collection systems. For morelnformation,contact., GET INVOLVED. Santa Ana city Council If you would like to be involved in issues and decisions that affect 20 Civic Center Plaza the quality and cast of your drinking water, City Council meetings P.O. Box 1988, M31 are open to the public and hell at 5:45 p.mc on the first and third Santa Ana, CA 92702 Tuesday of each month. The meeting location is at City Council phone: 714 -647 -6900 Chambers, 22 Civic Center Plaza, Santa Ana, CA 92761. fax: 714- 647 -6954 I® WATER ORALITY REPORT 75C -22 Drinking wa ter, i ncluding bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that the water poses a health risk. You can learn more about contaminants and potential health effects by calling the U.S. Environmental Protection Agency's (USE PA) Safe Drinking Water Hotline at 500426.4791 or visiting the wcbsite at epa.gov /safewatcr /. To ensure that tap water is safe to drink,. the USE PAprescribes regulations, which limit t'he amount of certain contaminants in water provided by public water systems. Food and Drug Administration (FDA) regulations establish limits for contaminants In bottled water. Both sets of requirements protect public health. Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocompromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV /AIDS or other immune system disorders, some elderly, and infants can he particularly at risk from Infections. These people should seek advice about drinking water from their health care providers. USEPA /CDC (US. Centers for Disease Control and Prevention) guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline 500. 426 - 4791. Cryptosporldium is a microbial pathogen found in surface water throughout the U.S. To date, cryptosporidlum has not been detected in our water supply. Beginning in October 2007, water that is received by the City of Santa Ana from M W D will have fluoride added to it. Our well water has a naturally occurring fluoride range level of 0.15 to 0.56 plan. Water provided by MWD will have a fluoride level of 0.7 to 0.8 ppm. This plan was approved by the CDC and the California Department of Public Health. Additional information maybe found by calling Ml Water Quality Information Hotline at 800 - 354 -4420. You can also download a fact sheet at niwdh2o.com /Fluoridation/ fluorldationfartsheekpcif or visit ada.org /fiuoride.aspx. QUESTIONS ABOUT YOUR WATER QUALITY REPORT? Acopy of the complete assessment is available at the Water Resources Division office. You can request a summary of the assessment be sent to you by contacting us at 714 - 6473320. If you have questions about your water quality, contact: City of Santa Ana. Water Resourres Division 220 South Daisy Avenue, BldgA Santa Ana, California 92703 Hahil Saba, P.E., Water Resources Manager phone; 714- 647 -3320 Cesar Ban era. P.E., Principal Civil Engineer fax: 714- 647 -3345 Thomas Dix, Water Quality Coordinator wwws,anta- ana.org WATER QUALITY REPORT 101A 01 75C -23 TERMS AND ABBREVIATIONS The followingslossary of definitions will help you understand the terms and abbreviations used in this report. Constituents:; Components or elements found in drinking water. Maximum Contaminant Level (MCL). The highest level of a contaminant that Is allowed in drinking water. Primary MCIs are set as close to the PHGs (or MCLGs) as is economically and technol- ogtrally feasible. Secondary MCI-s are set to protect the odor, taste, and appearance of drinking water. Maximum Contaminant Level Coal (MCLG)t The level of a contaminant In drinking water below which there is no known or expected risk to health. MCI-Gs are set by the USEPA. Maximum Residual Disinfectant Level (MRDL).: The level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap. Maximum Residual Disinfectant Level Goal (MRDLG): The level of a disinfectant added for water treatment below which there is no known or expected risk to health, MRDI-Gsaresetbydne USEPA. Primary Drinking Water Standard (POWS); The MCLs and MRDLs for contaminants that affect health along with their monitoring and reporting requirements, and water treatment requirements. Pubic Health Goal (PHG)' The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency, Regulatory Action Level: The concentration of a contaminant which, if exceeded, triggers treat- ment or other requirements that water system must follow, The adjacent table lists data on the levels of regulated contaminants that were detected In our water supply From January 1 through December 31, 2013. The presence of these contaminants in the drinking water does not necessarily indicate that the water poses a health risk. Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinkingwater. Primary Standards Mandatory health related standards that may cause health problems in drinking water. IM WATER OUAl(TY REPORT Secondary Unregulated Standards Parameters Aesthetic standards (non health - related) that could cause odor, taste,or appearance problems in drinking water. Information about contaminants that are monitored but are not currently regulated by federal and state health agencies. EXHIBIT 4 75C -24 Additional Parameters Information that may also be of Interest to Our customers. WATER QUALITY DATA M Primary Standards -Mandatory Health -Related Standards NR NR Soil mirroff Combined Filter Effluent 961 NA lx,<02 roil NR NR Soil under EXHIBIT 4 75C-25 ,dollar 01 natural Jrpasrls: 2 NO -360 028 1.11 from orctrarda gross Aroodc (ipprit) 10 0.004 NO -2.0 "ads lafrum (prad Oil and motel refinery NO 1000 2000 NO Ffaadde poor) 2 1 N0,1 -0.4 Iluondis as (Tam hrhl�,�lnl frood) see notes} 1 0,7-1,0 Nitrate (as NO3 ppm) 1 46 45 NO Nitrate and Nitrite NA A .-. NA Water additive for dental health. (as N ppmi 10 10 NO Parchloraftegirib)' 6 6 NO spenium gapid 60 (50} NO WATER OBALITY REPORT usually gets into drinking EXHIBIT 4 75C-25 ,dollar 01 natural Jrpasrls: 2 NO -360 028 1.11 from orctrarda gross and electronics production "ads Oil and motel refinery NO NO - 139.00 1785 dischar as: erosion of Erosion of natural deposits; 0,3 015-0,80 035 discharge find lertiftef and aluminum factones; 0.8 NA A .-. NA Water additive for dental health. NO No ' 37 14 106-9 Runoff and loathing from fertilizer use: leaching from NO 0.00 -853 141 septic tanks and srivago, erosion of natural deposits usually gets into drinking water as a result of aqviroximental cordaul NO ND 4.00 0,03 tkx1 from historic aeoo- space or other industrial analogous that used or uso,siore,orda nor re perchlorale and sells Refineries. mines. NO NR NR and chemical waste deaharges: runoff. EXHIBIT 4 75C-25 Primary Standards - Mandatary Health - Related Standards ic0uvroad7 C9Ppar tppm) Lead (pPh) MCL I. Y146 ( Imported Water NO 014 NO NO N1re r. eyelams, erosion 0 i 4 narral epos+ts laachmy from wood praservaavas Internal ntr7Rrrbs+pn of hbasehoid 0 i 84 nlalurnnlepos ls, discharges f tram industrial manufadurers. lateYOr$yBtemj � Typical Snorts of Imported Water ,G � PNG Y . s: Patamatar M (r € (MCLG) Range Averago.FPercentile. 90th ii �•hvdrabe t - t At 1820• 53.27 AI. =13 03 NO 500 NA i S7 100Ap AL= 15 0_2 NO I 16 C9Ppar tppm) Lead (pPh) MCL I. Y146 ( Imported Water NO 014 NO NO N1re r. eyelams, erosion 0 i 4 narral epos+ts laachmy from wood praservaavas Internal ntr7Rrrbs+pn of hbasehoid 0 i 84 nlalurnnlepos ls, discharges f tram industrial manufadurers. lateYOr$yBtemj � Typical Snorts of I � Lelking underground ppasolinc Metnyl tbh-onlyi whar + y 13 i ND ND Ni) NO � Btbrapn tanks and dl slid (MT82I Urpbl dlarharga from pelro eum enU dremicni factories. Disinfection By-Products, Disinfectant Residuals — Values arH ter Ihedisuiiroilan spsiwn based on annual rmrning average Total inhalamnlhanes Gyprodoct oidnnking water (TI NA 92-60 68 NO 62.8 804 MM) pool � dremfacllan. h aloacuie At,ets riva)fpp6)__� GO NA ND -22 78 NO 235 fib Byproduct of mineral water ( dasmfeclum - TulalChiodnaRvsiduot m 40 40 � ND -2U 2.3 I ND-118 + Dnnki water diBinfectanl dip ad � [ I I I (_ i added IrealmanC Secondary Standards - Aesthetic Standards (titan Health Related) PHG Imported Water Groundvaater Barometer MCLG (MCLG) Range Average .. ii �•hvdrabe t Contaminant . I � Lelking underground ppasolinc Metnyl tbh-onlyi whar + y 13 i ND ND Ni) NO � Btbrapn tanks and dl slid (MT82I Urpbl dlarharga from pelro eum enU dremicni factories. Disinfection By-Products, Disinfectant Residuals — Values arH ter Ihedisuiiroilan spsiwn based on annual rmrning average Total inhalamnlhanes Gyprodoct oidnnking water (TI NA 92-60 68 NO 62.8 804 MM) pool � dremfacllan. h aloacuie At,ets riva)fpp6)__� GO NA ND -22 78 NO 235 fib Byproduct of mineral water ( dasmfeclum - TulalChiodnaRvsiduot m 40 40 � ND -2U 2.3 I ND-118 + Dnnki water diBinfectanl dip ad � [ I I I (_ i added IrealmanC Secondary Standards - Aesthetic Standards (titan Health Related) Addition if Parameters That May Be Of Interest To Our Customers Parameter H9CL BHG Imported Water Groundwater Typical Source of IMCLGJ Range Average Range Average Contaminant 1,4 -0ibxana ippn} NA NA NC NO ND ND kunofltlaeching from natural deposits; saamafer Influence . AAIERQUaLITY REPORT 1N' ■Il � WATER QUALITY DATA Unregulated Parameters That May Be Of Interest To Our Customers MCL PH© _Imported Water Groundwater Puremot ®r (MCLO) Ran90 Avera90 RanHe Averaggo -4 1�al aliny r� Ct,(]3)11Nnu NA � NA N.1 -hr 11 I L. 2376f I7, B are 1a xri 031 NA NA N(_ N 172 g � 77 Aa Go ty15 [Tut s� A ?t 1-cc ml C2 ..iJ� 10u 3, 6(,,w a (prwi N3 N Ni 4C 7:f l7 tt9 X71 arT 6fm' NV �„ 1 24 ln, 1<t C r }p _.� E aret� a as i 1 r t A. NA HE j ? C i 1, 10 )31 )1 I } adlEi[Cban n b P,t l;12 aU 4 NO C, 1 � _......„,.� it a as CACU 3, r i, I W ? i 80 -1 $1_�___.._�_.�._ a i nl t r3 NS NS 174.146 143 479 24.97 ; 1431 i 5Cf, A8 P: �_.. 1(or _ N Ni oadur ;hylv*na(1f7`,LAi =tl PTA � NL =1 NO 11 NO (A ,al NFl ! N1 e, 1 780 o y 4 Poia b in p pm; NA NA 10' 11 .12 1 3t 3, 2 V 'ta vn IFC ! )' i tvA a NA NO NO _ UM (00,0i 1 NA NA 79 87 83 331L 8t Cii 154E TOC {Npm1� - i.i� 1 NA 21 )7 24 NO 041 914 varaddirR wO NFr ( NL =50 MD 30 F1N 3 O.fS bF0 091 IM WATER QUALITY REPORT EXHIBIT 4 75C -27 TURD ICITY: 15 Sir -asu'r- ,t h_ r mtliuq,. 'f 1 he vaeer 1 5 n >nigxed Ir, r r c r I A14'-1 , e r,Eaause I ad I IT0, T icatcr of 1hB a'(cc:if,"is Of xTe fr!ra'An '+lsi8m ,Ir_:drr r 1, tilers ffaie, :Shall C p hc,nar nr meal %, U 3 N' "I In Q5 ,p,rrc °„ r, 31Or ,n.iTt'and shat 1 u ny ..:m. -. ay.rages and an? -s of sk,rl idI y oh Can rote Se io w^ ; ai ar i ,earn ba I v If- in, e'fluec: Ti— ,.,e n=, d am I kii mfr e rEalru „Y-Its 'gjr n, ff f _6t'B Ra ., I t ,,. e CF ut;kY f9rbTrl F tine t3 . _:crm, I Or L ;:rt :as, f ,:ne f�,,.rjaf cr a,:an .ux r, ,:n'rr c scppl� =, .c ail fi. r, Vo'i o 1 lr =,.5 Nf'1 ,' rally r,r C, rforr'a i 1 , n. Cei p y yin)' M t t'N.%ir I„r ,r} o,dll all r, s aI,,orr o- 7 ,?- ;uo 9„ _t,r n, r,. rcne�Ils. SPECIAL EDUCATIONAL STATEMENT REGARDING NITRATE: NI rn.e eNdlp n L rse aus[kly , r 51wrr r,arrod, at, e becouso of ram,`all or aid, c ufal III i viif ^I ud'z in dnnkfn I aver a' levEls abaee J ex v, s, ')r v,i; n y Ins Ihan I- o a.. of a.� S, ct nl`r,Y:e i br, a yr k'cg r -lI, v,0'tl{ r h ,r e Cacof : ;Iy IT h r 7n`nnfK t lr o a .:ny C'apjeo f 5uriftpr a a rul4 .:;ne38 5yr1'G[Cn %Include inOrpiabq of Lr.d era if juintfss of t.0 5xiif r fr ro evi,is above 4,5 olt may disc a4�,. GC ,Iii y of 1 blood r0.arry oxygen in other individuals. sir as pregri women and Muse mTh Ceram spea6 fvyn,e do.1con',reg_ if you one cn itg for an Iofdnf yea should ask and ice from your health -are Provider " SPECIAL EDUCATIONAL STATEMENT REGARDING PERCHLORATE: Werchlonto ' n been shown r Int- dr-re whl'I rpfe e of inrjde by be thyroid gland arni u, he lb,, eda-e the prod a aon of tbyrcij iwone3 :eh t old is a(booSiT affece nssocimt I MOT inacegna,d honrcne tevals Thyroid horn,,), s ate ^f edan 0, -Canes p ena ;al y , "",I of I A pmew of ;he lotus IS e,e11 as fo, 1 orn'.a gr "o,1 7evBloF eTI IT me ,I A, )n I env] In a. cI 11 i L/ rcad aonrones see needed for none ;al r,foroolem and mental function. NOTE: Eia,. Iccations m :h_ die nu anon Rye n A,R ored guar ',e' / for Ural naUn .:+antis aro l . oacv2c acres. RADON: R a on i a radioac.: ye gas :fa: yuu can: we_ tastp, . orgni if i four il Ihroughorq foo J . tau':;+, es r, o,e Itsrough rte tfround mod in p a Como Ihrough eraT ;k:s and holes in the tounda6on_ ftHQOn cal Meld up In nigh le ` ire all ripe! s of homes Radon can also ge` III rrdonr air Y Ton release•; ircm tap wafer from sbo slog errashing die as. and Whir Lour. noirl aceima25. Compared Rr rarton entering f`e Ton x Borough soil Tenon eff erng the '.'one lhrou jh fap water will kn r osl rases be a small source of an. n in nvy;or or Radon R a known hc+nan cafonog ©n. 6reathlno air conannng radon can loud to lung cancer. Orinkingmaler containing radon may also I increased risk of stomach cancer. If you are mao erind about radon in year Toone levl the Win your hors. Tes`ma is mexpensrre and easy. Flu your home If-he level of radon in your air is d pie ;ornifri per her of arc (pCt L or h,ghr;r Ihere are simple ways W fa a radon 0roble , re gran t me uosthy. For adrSH mtat in srmenmt. Call the Carifomla radon prog,io, . e00- 745 -7236' the EPA Said Onnkinc ;I Art Hotline +,'SlJ- 4?64791; or I,, NannalSate Catraoil Rarlrr Hotline 11$00- SOS, RADON .f In 2)'? EPA revised the Unrogth000l l yr tamrfant Rule +u es :d6be, a oars is! at unr ,labeled yon nr i,"c�nrs. Th nee,¢ assea-srment monimm) Is re`eriarl to as U KIR.) wo,olonrd Thr5 n,ommnng R required of all Public 44a'Br Systelrs deang a 12 n`anih pemOd from Janurafy20'3 to December 205, The CIrStitrenrS nctdxfr des, momioad i de,lgca'Ed LtCUR3 aret sam(`unj hu'atiaa IM WATER DUALITY REPORT EXHIBIT 4 75C -28 There are many monitoring requirements imposed on every public water system. Our water system staff failed to adequately meet these requirements on one occasion this past year; and therefore, the City's water system was in violation of these regulations. It Is Important to note that this was not a violation caused by having contaminants exceed allowable levels; rather, it was a violation caused by failing to take the required number of samples within a specific time frame. Even though this failure was not an emergency, as our customers, you have the right to know what you should do, what happened, and what we did to correct this situation. This notice Is Intended to provide you with this Information. Please be sure to share this information with anyone who drinks Santa Ana water, We are required to monitor your drinking water far specific contaminants on a regular basis. Results of regular monitoring are an Indicator of whether or not our drinking water meets health standards. During a period in March 2013, we did not take the required number of Stage 2 Disinfectant Byproducts Rule samples required under Title 22 California Code of Regulations, Section 64424(c), and therefore, cannot be sure of the quality of our drinking water during that time. Upon receipt of notification from a person operating a public water system, the following notifica- tion must be given within 10 days [Health and Safety Code Section 116450(g)]: Schools: Must notify school employees, students, and parents (if the students are minors). Residential Rental Property Owners or Managers (including nursing homes and care facilities): Must notify tenants. Business Property Owners, Managers, or Operators: Must notify employees of businesses located on the property. IM WATER OUAIITY REPORT 75C -29 IMPORTANT INFORMATION ABOUT DRINKING WATER r 0 r What happened? What is being done? We have provided additional training to our staff so there is no misunderstanding in the proper time frame and amount of samples required and when. Additional checks have been established to ensure compliance. We have performed and continue to perform all of the water system monitoring required under Title 22 to ensure the water provided to our customers is in full compliance with all regulations. What should Ido? There is nothing you need to do at this time. The table below lists the contaminants we did not properly test for during the last year, how many samples we are required to take. samples that should have been taken, and the date on which fallow -up samples were taken. For more information, please contact Water Resources at (714) 647 -3320 or write to: City of Santa Ana 220, South Daisy Avenue, Santa Ana, CA 92703 Contaminants) Stage 2 disinfection by- product; rule samples (TTHM's and HA's) Total Trihaloanes Halo- acetic Numbest Number of Samples Samples Taken Required S samples every quarter (32 per year) 32 © WATER QUALITY REPORT 24 (on repaired dates) 8 (taken late) 24 When Missing Samples Should Have been Taken March 2013 F*1Il3 Ill i� 75C -30 When Required Samples Were Taken June 25, 2013 a r `7 C -] No, it wasn't at the winter Olympics. But to the City of Santa Ana, winning the distinction of producing the natlon's best and highest quality tap water was exciting news! The City received the gold award in the "Best Municipal Water" category at the 2014 Berkeley Springs International Water Tasting Festival in March. The medal adds to Santa Ana's previous awards, surpassing its bronze and silver medals from 2011 and 2012. Earning this recognition year after year validates the stringent standards Santa Ana sets for its tap water, which are above and beyond the drinking water health standards required by both state and federal agencies. Details about these standards are outlined In the charts of this Water Quality Consumer Confidence Report, produced by Santa Ana's Water Resources Division. It is the division's team of dedicated and certified specialists who are responsible for upholding these standards, ensuring water is not only high In quality but also from a reliable and plentiful source. il'c. n;Rtf )i"! S too a,,v -jtd I!'. ax tsi _;�Jry �,�I,tarnb user ftrur �o,tilatt�, :Dili me:ia;uts P i, nol ,) Inuwo LI5k ir fr,llfltsi nt I,nro .,. -i i'!If ill i +ti IStitl rUl-` i lil Touted as the "Academy Awards of Water," the Berkeley Springs International Water Tasting Festival is the largest and longest running water tasting In the world dedicated to preserving and protecting drinking water. it is a serious and accredited competition where waters were tasted In four separate Flights over a period of two days. Simi arto a wine tasting,judges rate the water for each attribute, including appearance (should he dear), aroma (should be none), taste (should taste clean), mouth feel (should feel light), and aftertaste (should leave people thirsty for more). The Winners: Best Municipal Water 2014 t Best In the World: Clearbrook, BC, Canada t Best In the t1SA; Santa Ana, CA $liver: Flamilton,OFt ! Bronze: Greenwood, BC, Canada 4th (tie): Dickinson. ND & Montpelier, ON IM WATER QUALITY REPORT 1:11:11:1kI 75C -31 The Numbers 10 Judges i 100Water Sources 12 Countries 1B u.& States 3 Canadian Provinces F 4 t 3 +I i CERTIFIED & RATED: SANTA ANA'S FIRST "GREEN" BUILDING EARNS SILVER RATING Santa Ana works hard to reduce Its environmental footprint, increase the reIM bit Ity of Its water system, and improve quality of life for the community. One example is the fall 2014 renovation of the Walnut Pump 5tation. This alder pump station was bush, In'1953 to pump water into the Gty's pipe system from an underground Storage reservoir. Upon review of the renovation design, the Walnut Pump Station was verified for its water and energy efficiency. It also was awarded a silver rating by Envision. a third -party eating system used to evaluate and rate the community, environmental and economic benefits of construction projects. IM WATER OOAL[TY REPORT Wcru1110 75C -32 xc t DELIVERY 11YS1 EI1" For the first time in its 54 -year history, the California State Water Project —a backbone of California's water system — announced it would cease providing water to downstreain agencies this year because of the severe drought. The decision was announced shortly after Governor Brown's call for a voluntary 20 percent reduction in water use. At this time, regions will have to rely on water stored In local reservoirs, pumped from underground wells, recycled water, and conservation measures to meet demand. What does this mean to Santa Ana residents? While there are sufficient water reserves available residents will need to curb their water usage. Iri this report, you can read about simple ways to cut back your water use by 20 percent and take advan fags of rebates being offered. What is the California State Water Project? About 30 percent of Orange County's water supply travels a long distance though a complex delivery system called the California State Water Project. It is the nation's lergest slate -built water storage and delivery system of reservoirs, aqueducts, power plants and pumping plants, supplying water to 25 call iion Californians and 750,000 acres of farmland. The orig[not purpose of the project was to provide water for and Southern California, whose local water resources and share of the Colorado (liver were iissufficlent to sustain the region's growth. 'today, it distributes water to 24 urban and agricultural water suppliers in Northern California, the San Francisco Bay Area, the Sam Joaquin Valley, the Central Coast, and Southern California. 0 WAIEN OUALIIY REPOF • Milo Why is it Important? Water has always been a scarce resource In California. The State Water Project is operated to deliver a more reliable waters tip ply for farms anti communities. It protects our future water resources while protecting fish and wildlife, improving water quallty in the Delta, and controlling Feather River floodwaters. As we look forward, the State Water Project's role in providing a more resilient water resources system will help California endure inevitable challenges In coming decades. It is essential to our future sustainability. 34 storage facilities r 20 pumping plants Reservoirs and lakes 4 pumping - generating plants 5hydroelectric About701 miles of open power plants canals and pipelines EXHIBIT 4 75C -33 �: °.P y#mt'•>� -S fir, .s ■ Asa Santa Ana resident, you may not realize that about one third of your drinking water comes from the Delta, an expansive Inland river delta and estuary in Northern California where the Sacramento and San Joaquin Rivers converge. Measuring a total area o €'1.100 square miles, the Delta is an invaluable natural resource that supports a corn plex ecosystem and supplies water to millions of Californians. It is here where the states two most important water delivery systems, the federal Central Valley Project (CVP) and the California State Water Project (S W P), transport water to 25 million people throughout the Bay Area, Central Valley, and Southern California. Water from the Delta also supports the state's agriculture industry that feeds millions. What's At Stake Years of using the Delta as far mland has damaged the delicate ecosystem. Also, in ICs current: state, the Delta's water delivery system Is highly unreliable and extremofy vulnerable to a natural disaster, such as a large earthquake. Experts predict that the Delta's 20 levees, which hold back salt water from the San Francisco Bay, could simultaneously fall during a magnitude 6.5 quake. The future of a reliable water supply For Californians depends upon a healthy Delta ecosystem and upgrades to its water delivery Infrastructure. Without these upgrades, Southern California residents could be without an adequate drinking water supply far weeks or even months in the even t of a large earthquake. There's a lot at stake, which Is why it is Important for infrastructure and operating system. Included in the plan is the construction of two earthquake -safe tunnels that would channel much of the state s drinking water supply around the Delta region rather than through Its natural estuary. These Improvements are critical to a long -term reliable water supply far all of Southern California, as well as regions throughout Northern and Central Cnlhornia. Doing Your Part We all play an Important part in the future of our water supply. Helping to conserve water Is one. And we. encourage you to learn more about the Bay Delta Conservation Plan, get involved, participate in the discussion, and contact your local representatives to encourage them to support the plan. Santa Ana residents to learn about the Bay Delta BDCP official Site: Conservation Plan. This 50 -year habitat conservation plan was introduced to restore the Sacramento -San BDCP Materials: Joaquin Delta ecosystem and secure Califon n a s water _. F ... ___ .. supply by building a new water delivery To make a comment., �,... ._..._ _. ..t. �. IM WATER RUALITY REPORT EXHIBIT 4 75C -34 00 ; ► l ME You can greatly reduce your water use by simply repairing leaks In your faucets, shower heads, plpes, and toilets. A leaky toilet can waste 200 gallons per day. That would be like flushing your toilet inure than 50 times for no reason! Outdoor leaks are also a big culprit in driving up your water bill. ,i Your water meter can help you determine whether your water -using fixtures or inside plumbing have inconspicuous leaks. It's the best place to begin your search. Turnoff all faucets and water - consuming appliances, including ovaporative coolers and icemakem in refrigerators. Check the meter register forany movement of the numbers or the "low-flow indicator" and note the time. Check the meter register again after 15 -30 minutes. Any movement indicates a leak. Turn off your house valve (all indoor and outdoor water). Check the meter register for any movement as described above, Any movement indicates a teak between the water meter and your home. If you suspect you have a leak, be sure to contact a plumber. And if you don't, remember to check for leaks periodically. It's helpful to know how to reed your water meter, not only to verify the monthly reading on your water bill, but also to detect water leaks. Water meters are usually located between the sidewalk and curb under a cement cover. Remove the cover by inserting screwdriver hi the hole of the lid and then carefully lift the coven The meter reads straight across, like the odometer on your car. Read only the white numbers. You can refer to the adjacent diagram for details about reading the water meter register. �4 Lew -Flow Indicator— The low -flow indicator will spin if any water is Flowing through the meter. Sweep Hand — Each full revolution of the sweep hand indicates that one cubic: foot of water (7.49 gallons) has passed through the meter. The markings at the outer edge of the clIai Indicate tenths and hundredths of one cubic foot. Meter Register — The meter register is a lotlike the mileage odometeron yourcar. The numbers keep a running total of all the water that has passed through the meter. The register shown here indicates that 345,710 cubic feet of water has passed through this meter. 0 WATER OUAIITY REPORT EXHIBIT 4 75C -35 CUBIC FEET IT DOESN'T TAKE MUCH... Tip save 0 gallons a day Throughout California's history there have been periods of low rainfall and even drought. However. California's current drought is being referred to as the "driest period in the state's recorded rainfall history; which Is why Governor Broom declared a state of emergency and calls on all of us to cutback our water use by at least 20 %. According to the Municipal Water District of drauge County (M W DOC}, the amount of water Orange County residents use each day averages 140 gallons per person. Here are soine easy tips to help you reduce your water use by 20% or 28 gallons per clay. INDOORS Short( shown 5 mini OUTDOORS Adjust your sprinkler system for leaks and overspray. I® WATER OUAITTY REPORT A ush only loads aundry. Install a smart sprinkler timer. Fix leaky toilets and faucets. 1 0 ff Install high efficiency toilets. a hose to ' clean the driveway. EXHIBIT 4 75C -36 0 ti -0- ftYl Fe *�L okM I l 1 ,ml Water conservation should be a way of life, and practicing, water- saving habits Is something we can all do. But there are water - saving devices we can use as well. Before June 30, 2014, the SoCaI Water$mart Program is offering a number of rebates for water - efficient purchases for your home, !ndoars and out. By taking advantage of these rebates, You can do your part to conserve water while save money on your water and energy bills. Indoor High - Efficiency Devices Together, toilets and clothes washers account for approximately 45 percent of the water used inside your home. Imagine how much water you can save when using high - efficiency toilets and clothes washers! Combine this with SoCal Water$mart_t,_and high efficiency can pay for Itself. The largest amount of water used Inside your home, about 30 percent, goes toward flushing the toilet. Saving water inside your home should begin here because the amount of water needed to flush properly is much less than you may think. Nigh - efficiency toilets use 20 percent less water than standard toilets, which means you can save over 8,000 gallons of water in Just one year and over $800 on your water bill over the lifetime of the product! Rebates start at $50 per toilet and can he submitted online here. td,rh Jlluct u.i_,j , i,f aia,it!Yin,,, t:,. Your clothes, washer is the second largest water user in your home. High- efficiency clothes washers use 55 percent less water than standard ones: saving you 14 gallons of water a day and 75,000 gallons over the washer's lifetime. You can save more than $400 in water over the lifetime of your appliance. And less water means less energy needed for water hearing, lowering your energy bill too. Rebates start at $85 (for washers purchased on or after June 1, 2012). For a list of qualifying high - efficiency clothes washers.; h, rs_ IM WATER QRAIITYREPORT EXHIBIT 4 75C -37 PLUNGE INTO WATER CONSERVATION Outdoor Water - Saving Devices Up to 70 percent of Callforoia's entire rosldent!ai water supply is used for home landscapes, yet many residents overwater their landscapes due to the type of sprinkler controllers and nozzles they use. ,,._your landscape. Weather -based it I iga Lion controllers (WBIC5) automaticallyadjust your landscape water schedule to account for changing weather and plant types. Not only will this save you from overwatering your landscape by 13,500 gallons a year, it will save over $700 on your water bill over its lifetime. plus your plants will be healthier and happier! Combine this with the SoCal Water$mart rebate and watch how much you can save over time. Rebates start at$g0 per controller For less than one acre, of landscape, $25 per station for more than one acre of landscape. Using SoCal Water$mart- recommended rotating nozzles will eliminate wasteful runoff by applying more precise. even watering to your landscape. A slower and more uniform distribution of water encourages healthy plant growth and save you 20 percent less water than using conventional spray heads. Rebates start at $4/nozzle when purchasing a in Inimumquantity of 15 nozzles... _ _ 1 1, _ .. Another way to cut down your water bill is by collecting and reusing rainwater from your homes gutters and downspouts for your lawn and garden. Your plants prefer rainwater because it Is free of chlorine. fluoride, and other chemicals, Using rain barrels also minimizes the amount of water flowing Into your storm drolns, sewer systems, and local waterways. Rebates start at $75 per barrel. Be sure the barrel you purchase qualifies for the rebate byreadmg ul ,e % More Rebate Programs and Conservation Links �Plenne nalu O,dlund rrL is LmlieQnrui nR, - i,rnmv RUdlo.b +plieatlnn tloes notglsmYrC lb�tpou,nil rciehca resat) ROM,,wIfI be. wsued nn a first cmnn. first mrvnd I.. s i ml I, MlnE lsexttaustM. EXHIBIT 4 75C -38 U ICS * -4 7k -AIts ?101 Horny to maintain healthy pipes Fats, oils, and grease (FOG) can be unhealthy for your body. Outdid you know FOG is bad for your plumbing system too? When FOG is poured down sinks, toilets, and drains, it builds tip inside sewer system pipes and restricts the flow of your. (tome's wastewater. Blocked sewage can then overflow Into your home, streets, lawns, and storm drains, eventually making its way into our storm water drain systern,waterways, and the ocean. You can protect the envieonme. nt while avoid the high costs for cleanup by simply keeping your drains FOG free. Here are some dos and don'ts to remember: Pour small amounts of grease into a nonrecyclable container (Juice can, empty mill( carton. coffee can. pet food can). Make sure the grease hardens before disposing of it in the trash. Before washing, scrape and dry-wipe pots, pans, and dishes with paper towels and dispose of materials in the trash. Minimize the use of your garbage disposal. Foods containing FOG ran get caught in the plumbing and cause sewer backups.. Use a sink strainer to catch food items, then empty the strainer into the trash. Where (toes FOG come from? t Meat fats (bacon, sausage) Lard s Cooking oil i Milk, ice cream, yogurt, sour cream Cream based sauces Salad dressings, cheeses, mayonnaise i Butter or margarine i Foodsrraps t Baking products I® WATER QUALITY REPORT Never pour FOG down sink drains or toilets. Never pour FOG clown garbage disposals. Never pour food scraps clown the garbage disposal. Freeze the Grease! Grease from cooking most fats (bacon, sausage), gravy, cooking oil, and sauces may took harmless as a liquid, but when It cools it gets thick and sticky. When you pour grease down your drain, it sticks to pipes and eventually causes clogs and messy overflows. One way to prevent backups in your honic is to pour all bacon, fried chicken, and other cooking grease into a can and then into the freezer before tossing It In the trash, EXHIBIT 4 75C -39 **aREASE MYTHS i It's okay to pour grease down the drain as long as I run hot water. Hot water only gives the !Ilusion of dissolving grease. The grease will eventually cool and build up in the pipes. 2 Liquid oil at room temperature won't clog the pipes. Liquid cookingoils, Tike canola oil and olive oil, float on wastewater and easily adhere to sewer pipes. 4 } 4 r Using dish soap will prevent grease from hardening in my pipes. z. -. While dish soap temporarily breaks up grease as you wash your dishes, the soap will eventually lose its effectiveness causing the grease to solidify in the pipes. WRIER OOALPY REPORT EXHIBIT 4 75C -40 f Building Inspection Request Line Graffiti Task Force Water Maintenance 714 - 667 -2738 714- 245 -8769 &Construction City Manager (Police Department) 714 -647 -3346 714.647.5200 Public Works Water Production Fire Department General Maintenance 714 -647 -3382 714 - 573.6000 and Repairs Water Quality Conservation (cap 911 for emergencies) 714 -647 -3380 714- 647 -3320 Mayor and City Council Sanitation Water Service &Main Location 714 -647 -6900 714647.3309 714 -647 -3320 Parks & Recreation Shopping Cart Removal 714 -571 -4200 714 - 667 -2780 Street fights New Trash Cart /Order Dumpster Planning &Building, Planning 714- 647 -3380 714. 558.7761 Division (Environmental Review. Street Sweeping Recycle Used Car Oil &Filter Historic Preservation & 714 -647 -3309 714. 558 -7761 New Development) 714 -667 -2700 Trees �;;„ �itq +i _ _ 714 - 60.7 -3330 Police Signal Repairs 714-2 5- 86rtment 714 -241 Weed Abatement 8 a.m. -5 p.m. (Weekdays) for (call 911. for emerrgencies) 714- 647 -3309 714 -647 -5620 Public Library ... Signal Repairs- Police Department 714 - 647 -5250 Sewer /Storm (Evening - ends) Drain 714 -834 -44211 211 Public Works Emergency Repairs Maintenance (afterhours) 714- 647 -3380 Street Work Permits 71.4.834.4211 Water Administration 714. 647 -5039 Public Works information 714 - 647 -3320 Traffic Operations 714 -647 -5690 Water &Sower Permits 714-647-5619 714 -647 -5026 . ,. , i i . _ 6' I - Curb & Sidewalks Water Customer Otis Information 714 -647 -3380 Service and Billing 714-636 -7433 714 - 647 -5454 Graffiti Removal Nose Complaints 877 -786 -7824 Water Engineering 714. 834 -4211 714- 647 -3320 Overcrowding 714- 667 -2780 ®I WATER OUALITY REPORT Poison Center 800- 876 -4766 41i 1 DW 75C -41 75C -42 water and we "re plsased to report the City 1}N comtnues tb maintain the highest standards. 7 But we're also concerned about water avviltth+Yity forgenerations'to come, which ._. is why smarter water use, is sa impaartant. Remember, every little thingyau do to save water will maize a huge difference for us all. k 3 3 s �T. ..a .s SANTA ANA a 5 5 k 3 3 s a 5 5 AIL 1:44 P & r * 10 FRED MOUSAVIPOUR Executive Director Public Works Agency City of Santa Ana "Water sustains life, enriches health and enables commerce. We treat it as a service to the community, not just an unlimited commodity," Water is sornething we should riot take for granted. No longer is water plentiful, nor are we. guaranteed an endless supply. With the state of California under mandatory water use restrictions, Santa Ana is working diligently to do its part to conserve, For example, the City supplies reclaimed water for commercial and industrial irrigation and sponsors education and incentive prograrns for businesses and residents. Our vision Is for a resilient and sustainable water Infrastructure that will deliver necessary services today and in future decades. To that end, we are making rate adjustments and embarking on a robust capital improvement program that calls for pipe replacements and increased use of technology to monitor and regulate water use while providing actionable data to consumers. We will also be making improvements to wells, pump stations, reservoirs and wastewater facilities. While these efforts are significant, Public Works can't do It alone. We ask you to use water wisely but please don't stop there. Let us know what we can do better, because our goal is to have the most efficient Public Works that provide critical services to Santa Ana residents at a reasonable cost. e SANTA ANA WATER OUALITY REPORT EXHIBIT 5 75C -44 Fred Mousavipour Executive Director Public Works Agency City of Santa Ana The Consumer Confidence Report(CCR) is an annual water quality report that helps you make informed choices about the water you drink. CCRS are designed to let you know what contaminants, if any, are in your drinking water and any possible health effects. You will also learn about where your water comes from, how it is treated and what it contains. The focal point of the CCR is a table that lists the results of year -round monitoring for more than 120 constituents. Included in the table is the quantity of each constituent found in Santa Ana's water supply and how that compares with the allowable state and federal limits as well as Its likely origin. Only the constituents that are found are listed in the data table. Bottled water is not covered in this report. The questions and answers starting on this page, numbers 1 through 7, will explain the important elements of the table. 1. What are the sources of the water Santa Ana delivers? The City of Santa Ana depends on two sources for the 12.5 billion gallons of water we supply each year: 72 percent is groundwater and 28 percent is imported water purchased from the Metropolitan Water District of Southern California (MWD). The groundwater accumulates and is stored beneath the surface of the earth and then pumped to the surface by 20 city -owned wells. MWD brings Colorado River water from Lake Havasu and runoff from the snow pack in the Sierra Nevada Range in Northern California. The water is then treated at either the Diemer Filtration Plant In Yorba Linda or the Weymouth Filtration Plant in LaVerne before it is delivered to Santa Ana. There are seven MWD connections located in the City. Most of our customers receive a blending of the two sources, groundwater and imported water. For more details, see the Water Quality Standards for each of these sources in the data that follow. We have listed groundwater and imported water in separate columns. 2. What's in my drinking water? Your tap water may contain different types of chemicals (organic and inorganic), microscopic organisms (e.g., bacteria, algae, viruses) and radioactive materials (radionuclides), many of which are naturally occurring. Health agencies require monitoring for these constituents, because at certain levels they could make a person sick. The column marked "Parameter" lists the constituents found in the water used by Santa Ana. Contlnvea on next page. on SANTA ANA WATER QUALITY REPORT _ EXHIBIT 5 75C -45 3. What are the maximum allowed levels for constituents in drinking water? Health agencies have maximum contaminant levels (MCL) for constituents so that drinking water is safe and looks, tastes and smells good. A few constituents have the letters "TT" (Treatment Technique) in the MCL column because they do not have a numerical MCL. Instead, they have certain treatment requirements that have to be met. One of the constituents, total chlorine residual, has an MRDL (maximum residual disinfection level) instead of an MCL. The MRDL is the maximum level of disinfectant added for water treatment that is allowed in water. While disinfectants are necessary to kill harmful microbes, drinking water regulations protect against too much disinfectant being added. Another constituent, turbidity, has a requirement that 95 percent of the measurements taken must be below a certain number. Turbidity is a measure of the cloudiness of the water. We monitor it because it is a good indicator of the efficiency of the filtration system. 4. Why are some of the constituents listed in the section labeled "Primary Standards" and others in the "Secondary Standards "? Constituents that are grouped in the primary standards section may be unhealthy at certain levels. Constituents that are grouped under the secondary standards section can affect the appearance, taste and smell of water, but do not affect the safety of the water unless they also have a primary standard. Some constituents (e.g., aluminum) have two different MCLs, one for health - related impacts, and another for non - health - related impacts. 5. How do 1 know how much of a constituent is in We use water testing equipment so sensitive it can detect levels as low as 1 part per trillion 7 i z � t � o d > k f pa IIi F t Q q4l rr, That's equivelent to I drop of soap In enough dishwaterto fill4 {,—.' SantadAna V , my water and If it is at a safe level? ; water Tanks With a few exceptions, if the average amount of a constituent found in tap water over the course of a year is no greater than the MCL, then the regulatory requirements are considered to be satisfied. The highest and lowest levels measured over a year are shown in the range. Requirements for safety, appearance, taste and smell are based on the average levels recorded and not the range. 6. How do constituents get into our water? Drinking water (tap water and bottled water) comes from rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or human activity. The most likely source for each constituent is listed in the last column of the table. 7. Are there any potential sources of contamination in our system? An assessment of the drinking water wells for the City of Santa Ana was completed in December 2014, Santa Ana's wells are considered most vulnerable to the following activities associated with contaminants detected in the water supply: historic agricultural activities, golf courses, and application of fertilizers. Our wells are considered most vulnerable to the following activities not associated with detected contaminates: chemical/ petroleum pipelines, chemical /petroleum processing /stores, dry cleaners, gas stations, junk /scrap /salvage yards, metal plating /finishing /fabrication, plastics /synthetics producers, and sewer collection systems. I SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -46 ,III I I IN Air 11111iliq 14 Ii 11111, ., Drinkingwater, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does riot necessarily indicate that the water poses a health risk. You can learn more about contaminants and potential health effects by calling the U.S. Environmental Protection Agencys (USEPA) Safe Drinking Water Hotline at 800- 426 -4791 or visiting the welesite at epa.gov /safewater /. To ensure that tap water is safe to drink, the USE PA prescribes regulations, which limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water. Both sets of requirements protect public health. Some people maybe more vulnerable to contaminants in drinking water than the general population. Immunocompromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV /AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. Fluoride. The City of Santa Aria receives approximately 28% of its water supply from MWD. Beginning in October 2007, MWD joined a majority of the nation's public water suppliers in adding fluoride to the treated water it supplies to state water agencies, a plan approved by the CDC and the State Water Resources Control Board (SWRCB)', Santa Ana's well water has a naturally occurring fluoride range level of 0.18 to 0.56 ppm. Water provided by MWD has been adjusted to the optimal range for dental health of 0.7 to 0.8 parts per million. Additional information may be found by calling MWD's Water Quality Information Hotline at 800- 354.4420. You can also download a fact sheet at mwdh2o.com /fluoridation/ fluoridationfactsheet.pd f or visit ada.org /fluoride.aspx. Cryptosporldium. Cryptosporidium is a microbial pathogen found in surface water throughout the U5. To date, cryptosporidium has not been detected in our water supply. USEPA/CDC (U.S, Centers for Disease Control and Prevention) guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline at 800 - 426.4791. Hexavalent Chromium. In July 2014, California became the first state in the nation to regulate hexavalent chromium, also known as Chrome -6. Previously, chrome -6 had been regulated as total chromium, which includes other forms of the mineral. Chrome-6 can be present in water due to natural geologic conditions or from industrial pollution. In Orange County, groundwater often contains trace amounts of naturally occurring Chrome -6 that are far below the new MCL. See the water quality table in this report for information on Santa Ana's water. ' As ofuly 1, 2014, the states Drinking Wafer Program has heen traosterred Ran the Cahmmia Department of Puhre Nealth (CDPH) to the State Water Resources Cantrol Board's Diasion of Drinking Water which was created to chit soIidate all major water quality programs within a single rlepaNnenL For more Informay. ,chor swrdl .o.gov /drinlnng_water{prograrm SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -47 r, . h g., a xi3r tx `kf "er dl t"l FA 41 4` At the City of Santa Ana, protecting our residents' health and safety is our highest priority. Butasyour local water provider, we deliver more than just safe drinking water We deliver quality, service and value. QUALITY As always, we are committed to delivering the highest qua l lty drinking water to all our residents. We have rigorous safeguards in place to make sure that our tap water meets or surpasses all health standards, and we are pleased to announce that in 2014 our compliance with state and federal drinking water regulations remains exemplary. And Chats not all. Year after year, we have earned international recognition for our award winning tap water, which lastyear ranked the nation's best tasting and highest quality on tap. SERVICE The City of Santa Ana Is an award - winning agency known for its reliability, efficiency, quality and "green approach," Beyond providing a clean, reliable water supply whenever you need it, we also work diligently to ensure that supplies are adequate to meet demand, even as we endure the worst drought in California history. To help water users meet new, state- mandated water -use reduction targets, we are actively in the community educating consumers on a wide variety of conservation programs, rebates, tips and tools offered through the City. Our dedicated team of specialists is here to assist you with all your needs and after - hours emergencies. VALUE The costs of providing water and treatment continue to increase, but we are working to ensure that our water stays affordable. We do this by investing in infrastructure that is built to last and using technology to improve our delivery system. We clo all it takes to deliver a clean, reliable water supply right to your home, for less than a cent per gallon. To that end, we remain vigilant in meeting the challenges of source water protection, water conservation, environmental compliance, sustalnabillty and community education while continuing to serve the needs of all our water users. If you would like to be involved in issues and decisions that affect the quality and cost of your drinking water, City Council meetings are open to the public and held at 5:45 p.m. on the first and third Tuesday of each month. The meeting location is at City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. For more information, contact: Santa Ana City Council 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92702 phone: 714 -647 -6900 fax: 714- 647 -6954 I n SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -48 Santa Ana conducts extensive monitoring to ensure that your water meets all water quality standards. In 2014, we collected numerous samples for contaminants at various sampling points in your water system, all of which were below state and federal maximum allowable levels. The results of our monitoring are reported in the following table. col I ecte alm YEAR 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 y r 9,?71 9.273 9,271 8,21 8621 9,489 893/ 9,499 9,156 9,57) 9,675 9,675 M SANTA ANA WATER QUALITY REPORT 7 EXHIBIT 6 75C-49 r i >. The following glossary will help you understand the terms and abbreviations used in the table. ABBREVIATIONS TO EXAMINE TERMS TO EXAMINE Constituents Components or elements found in drinking water. •,m ®o Mandatory health -re fated standards that may Maximum Contaminant Level (MCL) cause health problems in drinking water. The highest level of a contaminant that is allowed in drinking III I. water. Primary MCLs are set as close to the PHGs (or MCLGs) as is /9a, • a . !� • . economically and technologically feasible. Secondary MCLs are set to protect the oclor, taste, and appearance of drinking water. Aesthetic standards (non health- relatecp Maximum Contaminant Level Goal (MCLG) that could cause odor, taste, or appearance or in drinking water. The level of a contaminant in drinking water below which there is no known or expected risk to health, MCI-Gs are set by the USEPA. Maximum Residual Disinfectant Level (MRDL) The highest level of a disinfectant allowed In drinking water. There Information about contaminants that are Is convincing evidence that addition of a disinfectant is necessary monitored but are not currently regulated by for control of microbial contaminants. federal and state health agencies. Maximum Residual Disinfectant Level Goal n t ?T' a r,, .. c r' - m p (MRDLG) The level of a drin king water d isl nfecta at below which there is no known or expected risk to health, MRDLGs do not Information that may also be of interest to reflect die benefits of the use of disinfectants to control microbial our customers. contaminants. Primary Drinking Water Standard (PDWS) ADDITIONAL ABBREVIATIONS The MCLs and MRDLs for contaminants that affect health along AL= Regulatory Action Level with their monitoring and reporting requirements, and water CFU =colony - Forming Units treatment requirements. MFL = Million Fibers per Lifer Public Health Goal (PHG) NA = Not Applicable NC= Not collected The level of a contaminant in drinking water below which there NO =Not Detected is no known or expected risk to health. PHGs are set by the NL= Notification Level California Environmental Protection Agency(Cal /EPA). NR =Not Required Regulatory Action Level Ns= No standard NTII = Nephelometric Turbidity Units The concentration of a contaminant which, if exceeded, triggers mrem /year= milllrems per year (a measure of radiation treatment or other requirements that a water system must follow. absorbed by the body) Treatment Technique (TT) p(i/L= picocuries per liter is measure of radioactivity) ppb= parts per billion, or min ograms per liter (pg /t.) A required process intended to reduce the level of a contaminant spin =parts per million, or milligrams per liter trig/L) in drinking water. ppq =parts per quadrillion, or plcograms per liter opt= parts per trillion, or nanograms per liter ME SANTA ANA WATER OUALITY REPORT EXHIBIT 5 75C -50 II * ! ii A Starting with a Substance, read across. MCL shows the highest level of substance (contaminant) allowed. MCLG is the goal level for that substance (this may be lower than what is allowed). Range tells the highest and lowest amounts measured. Average represents the measured amount (less is better). Typical Source of Contaminant tells where the substance usually originates. Unregulated substances are measured, but maximum allowed contaminant levels have not been established by the government. Primary Stondvrds continued on next page. IFIM SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -51 PRIMARY STANDARDS: MANDATORY HEALTH-RELATED STANDARDS PHG IMPORTED WATER GROUNDWATER TYPICAL SOURCE PARAMETER MCL MCLG ( ) Range Average Range Average OF CONTAMINANT CLARITY Combined Filter Effluent 0.3 NA Highest 0.05 NR NR Soil runoff Turbidity (NTU) ' Combined Filter Effluent 95' NA %a0.3 100 NR NR Soil runoff Turbidity W MICROBIOLOGICAL Total Conform Bacteria NA NA NO -1.5 ND ND ND Naturally present in the environment RADIOLOGICALS Natural Uranium FCVL) 20 0.43 2 -3 -3 ND -4,98 2.93 Erosion of natural deposits INORGANIC CHEMICALS Erosion of natural deposits; Arsenic (ppb) 10 0.004 ND -2.2 2.2 ND -3.40 0.3 runoff from orchards, glass and electronics production wastes Oil and metal refineries Barium (ppb) 1000 2000 ND ND 139.00 18.53 discharges; natural deposits erosion Fluoride (ppm) Erosion of natural deposits; (naturally occurring) 2 1 0.2 -0.4 03 0.16 - 0,47 0.34 discharge from fertilizer and aluminum factories Primary Stondvrds continued on next page. IFIM SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -51 i It If ( I ii 1 11 c PHG IMPORTED GROUNDWATER PARAMETER MCL 09 WATER PHG erosion of natural deposits 9.86 (MCLG) MCL (MCLG) use; leaching from septic tanks and Sites pofSites sewage; erosion of natural deposits 2.23 Range Average Range Average Range INORGANIC CHEMICALS (continued) contamination from historic aerospace orother industrial Fluoride Tpm) ",s 1 0.6 -1.0 0.8 NA (Treatment - related) ^otosi' natural deposits; leaching from Hexavalent Chromium 10 0.02 NO NO ND -21 (ii plumbing systems; erosion of AL= 15 0.2 ND ND ND 0 84 Nitrate a 44 45 NO NO NO, 28.18 (as NOS ppm) Nitrate and Nitrite 10 10 ND NO ND -6.37 (as N cam) Perchlorate (ppb)° Selenium (ppb) PARAMETER Copper prim) Lead 1ppb) 6 6 ND ND ND -4.00 50 (50) ND ND NR TYPICAL SOURCE OF CONTAMINANT NA Water additive for dental health 09 Discharge from steel and pulp mills; PHG erosion of natural deposits 9.86 Runoff and leaching from fertilizer MCL (MCLG) use; leaching from septic tanks and Sites pofSites sewage; erosion of natural deposits 2.23 Range Average Peron, Above Sampled It usually gets into drinking water as a result of environmental 0.03 contamination from historic aerospace orother industrial operations that used or use, store, or dispose of Perchlorate and its salts NR Refineries, mines, and chemical Ali 03 waste discharges; runoff Primary Sfondnm, contmund on naxt page I SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -52 10 IMPORTED WATER GROUNDWATER '.. PHG pat TYPICAL SOURCE MCL (MCLG) Sites pofSites OF CONTAMINANT Range Average Peron, Above Sampled the At Internal corrosion of household plumbing systems; erasion of Ali 03 NO NO 0.14. 0 84 natural deposits; leaching from wood preservatives Internal corrosion of household plumbing systems; erosion of AL= 15 0.2 ND ND ND 0 84 natural deposits: discharges from industrial manufacturers Primary Sfondnm, contmund on naxt page I SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -52 10 I SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -53 11 PHG IMPORTED GROUNDWATER GROUNDWATER PARAMETER MDCL MCLG WATER or SYSTEM TYPICAL SOURCE [ R] [MRDLG] OF CONTAMINANT (MCLG) Range Average Range Average Volatile Organic Compounds OF CONTAMINANT Range Average Range Average Leaking underground gasoline Methyltert- butyl -ether 5 13 NO ND ND ND storage tanks and pipelines; (MTBE) (fi 53.72 Runoff /leaching from natural deposits; discharge from petroleum and chemical factories Disinfection By- Products, Disinfectant Residuals - Values are for the distribution system based on annual running average Total Trihalomethanes 80 NA 12.60 58 ND-46.3 2G.5 By- product of drinking water (TTHM)(ppb)' 3 NA I.2 disinfection Haloacitic Acids (Five) 60 NA ND -22 18 ND -22.6 9.6 By- product of drinkingwater NA NC NC 449 -986 disinfection Total Chlorine Residual [40] 1 1.3 -2.9 2.3 ND -1.18 0.74 Drinldngwater disinfectant added (ppm) water, seawater Influence for treatment I SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -53 11 PHG IMPORTED WATER GROUNDWATER TYPICAL SOURCE PARAMETER MCLG (MCLG) OF CONTAMINANT Range Average Range Average Chloride (ppm) 500 NA 86 -92 89 20.1 -100 53.72 Runoff /leaching from natural deposits; seawater influence Color (units) 15 NA 1 1 ND -3 0.3 Naturally - occurring organic materials Odor, Threshold (units) 3 NA I.2 1.5 ND ND Natural occurring organic materials Spec. Conductance 1600 NA NC NC 449 -986 686.61 Substances that form ions when in (um /cm) water, seawater Influence Sulfate(ppm) 500 NA 223.241 232 49.50 -153 91.06 Runoff /leaching from natural deposits, seawater influence Total Dissolved Solids 1000 NA 603 -651 627 276.622 426.16 Runoff /leaching from natural deposits porn) Turbidity (1 5 NA ND ND ND -0.3 0.05 Soil runoff I SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -53 11 FTI * A, M , PARAMETER Total Alkalinity (as CaC0) (ppm) Bicarbonate (as HCO) Boron (ppb) Bromide (ppm) Calcium (ppm) Bicarbonate (as CaCO3) blexavalent Chromium (ppb) Total Hardness (as CaCO3) (PPM) Total Hardness (Grains per gallon) Magnesium (ppm) N- Nitrosodimethylamine (NDMA) (ppt) pH (pH units) Potassium (ppm) Radon (pCi /U' Sodium (ppm? TOC (ppm) Vanadium (ppb) Chlorate (ppb) UCMR 3 Chromium (ppb) UCMR 3 Hexavalent Chromium (ppb) UCMR 3 Molybdenum (ppb) UCMR 3 Strontium (ppb) UCMR 3 Vanadium (ppb) UCMR 3 1,4 Dioxane (ppb) UCMR 3 MCL PHG (MCLG) NA NA NA NA NA NIL = 1000 NS NS NA NA NA NA 10 0.02 10 NA NS NS NA NA NA NL =10 NA NA NA NA NA NA NA NA TT NA NA N!. = 50 NA NA NA NA NA NA NA NA NA NA NA NA NA NA IMPORTED WATER Range Average 124 -134 132 NC NC 100 -110 100 NC NC 70 -74 72 NC NC ND ND 256 -310 283 14.95 -18.11 16.53 25-27 26 ND ND 8.1 8.1 4.4 - 4.8 4.6 ND ND 89 -99 94 2.4 -2.9 2,6 ND ND 102 -107 21 -105 ND ND ND ND ND ND ND ND ND ND NC NC GROUNDWATER Range Average 138 235 170.08 168 - 287 207.21 ND . 0.2 0.02 ND -0.22 0.02 34.5 -115 74.38 138 -235 170.08 ND -2'1 0.9 114 -394 245.76 6,65-23.01 14.47 6.8 -27 14.6 ND ND 7.80. 8.10 7.92 IA-3 2.11 256-529 368.7 30.8 -64 43.21 ND -0.41 0.15 ND -6 0.91 21.1 -249 63.34 <0.2 - 1.8 0.85 0.21-2.06 1,01 2.6 -111 4.92 244 -766 529.04 1.4 -5.2 2,69 ND -0.24 0.14 on n SANTA ANA WATER QUALITY REPORT 12 EXHIBIT 5 75C -54 2014 WATER QUALITY TABLE 'Turbidity: Is a measure of the cloudiness of the water. It is monitored in our imported water source because it is a good indicator of the effectiveness of the filtration system. ' The turbidity level of the filtered water shall be less than or equal to 0,3 NTU in 95% of the measurements taken each month and shall not exceed 1 NTU at any time. The averages and ranges of turbidity shown In the Secondary Standards were based on the treatment plant effluent. 3 The State required raw water coliform monitoring for all treatment plants beginning March 2008. Reporting level is 1 CFU/100ml- for total coliform and E. coli. " Data for the naturally- occurring fluoride were taken before the fluordation treatment began. Fluordation treatment of water supplies at all five MWD treatment plant's started sequentially from October 29, 2007 to December 3, 2007. Metropolitan was In compliance with all provisions of the State's Fluordation System Requirements. (Special Educational Statement Regarding Nitrate: Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. Nitrate in drinking water at levels above 45 mg /L is a health risk for infants of less than six months of age. Such nitrate levels in drinking water can Interfere with the capacity of the infants blood to carry oxygen, resulting in a serious illness; symptoms Include shortness of breath and blueness of the skin. Nitrate levels above 45 mg/L may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with certain specific enzyme deficiencies, if you are caring for an infant, you should ask advice from your health care provider. 6Special Educational Statement Regarding Perchlorate: Perchlorate has been shown to interfere with uptake of iodide by the thyroid gland, and to thereby reduce the production of thyroid hormones, leading to adverse affects associated with inadequate hormone levels. Thyroid hormones are needed for normal prenatal growth and development of the fetus, as well as for normal growth and development In the Infant and chlld. In adults, thyroid hormones are needed for normal metabolism and mental function. 'Eight locations in the distribution system are tested quarterly for total unhalomethanes and haloacetic acids. "Radon: Radon is a radioactive gas that you can't see, taste, or smell. It is found throughout the U,S. Radon can move through the ground and into a home through cracks and holes in the foundation. Radon can build up in high levels in all types of homes. Radon can also get into Indoor air when released from Cap water from showering, washing dishes, and other household activities. Compared to radon entering the home through sail, radon entering the home through tap water will in most cases be a small source of radon in indoor air. Radon is a known human carcinogen. Breathing air containing radon can lead to lung cancer. Drinking water containing radon may also cause Increased risk of stomach cancer. Ifyou are concerned about radon in your home, test the air in your home. Testing is Inexpensive and easy. Fix your home if the level of radon in your air is 4 picocuries per liter of air (pCi/L) or higher. There are simple ways to fix a radon problem that aren't too costly. For additional information, call the California radon program (1- 800 -745- 7236), the USEPA Safe Drinking Water Act Hotline (1- 800 - 426-4791), or the National Safe Council Radon Hotline (1- 800- 767 - 7236,) 1111011 SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -55 13 pHG IMPORTED WATER GROUNDWATER TYPICAL SOURCE PARAMETER MCLG (MCLG) OF CONTAMINANT Range Average Range Average 1,4- Dioxane(ppb) NA NA NC NC NO ND Runoff /leaching from natural deposits; seawater influence 1,1 - Dichloroethene 6 10 NO ND ND -0.5 0.01 Discharge from Industrial chemical factories 'Turbidity: Is a measure of the cloudiness of the water. It is monitored in our imported water source because it is a good indicator of the effectiveness of the filtration system. ' The turbidity level of the filtered water shall be less than or equal to 0,3 NTU in 95% of the measurements taken each month and shall not exceed 1 NTU at any time. The averages and ranges of turbidity shown In the Secondary Standards were based on the treatment plant effluent. 3 The State required raw water coliform monitoring for all treatment plants beginning March 2008. Reporting level is 1 CFU/100ml- for total coliform and E. coli. " Data for the naturally- occurring fluoride were taken before the fluordation treatment began. Fluordation treatment of water supplies at all five MWD treatment plant's started sequentially from October 29, 2007 to December 3, 2007. Metropolitan was In compliance with all provisions of the State's Fluordation System Requirements. (Special Educational Statement Regarding Nitrate: Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. Nitrate in drinking water at levels above 45 mg /L is a health risk for infants of less than six months of age. Such nitrate levels in drinking water can Interfere with the capacity of the infants blood to carry oxygen, resulting in a serious illness; symptoms Include shortness of breath and blueness of the skin. Nitrate levels above 45 mg/L may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with certain specific enzyme deficiencies, if you are caring for an infant, you should ask advice from your health care provider. 6Special Educational Statement Regarding Perchlorate: Perchlorate has been shown to interfere with uptake of iodide by the thyroid gland, and to thereby reduce the production of thyroid hormones, leading to adverse affects associated with inadequate hormone levels. Thyroid hormones are needed for normal prenatal growth and development of the fetus, as well as for normal growth and development In the Infant and chlld. In adults, thyroid hormones are needed for normal metabolism and mental function. 'Eight locations in the distribution system are tested quarterly for total unhalomethanes and haloacetic acids. "Radon: Radon is a radioactive gas that you can't see, taste, or smell. It is found throughout the U,S. Radon can move through the ground and into a home through cracks and holes in the foundation. Radon can build up in high levels in all types of homes. Radon can also get into Indoor air when released from Cap water from showering, washing dishes, and other household activities. Compared to radon entering the home through sail, radon entering the home through tap water will in most cases be a small source of radon in indoor air. Radon is a known human carcinogen. Breathing air containing radon can lead to lung cancer. Drinking water containing radon may also cause Increased risk of stomach cancer. Ifyou are concerned about radon in your home, test the air in your home. Testing is Inexpensive and easy. Fix your home if the level of radon in your air is 4 picocuries per liter of air (pCi/L) or higher. There are simple ways to fix a radon problem that aren't too costly. For additional information, call the California radon program (1- 800 -745- 7236), the USEPA Safe Drinking Water Act Hotline (1- 800 - 426-4791), or the National Safe Council Radon Hotline (1- 800- 767 - 7236,) 1111011 SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -55 13 FA r A s a ll Californians know, the severity of the drought put uls in a skate of emergency last year and Governor Brown asked for a voluntary 20 percent reduction in water use statewide. This year looks even more dire. The close of our official rainy season, which provides California with 90 percent of its water, was marked with record high temperatures and record low rainfall, Reservoirs are low. Landscapes are parched. And the Sierra Nevada snowpack, which usually supplies 30 percent of the state's water as it melts through early summer, is at its second - lowest level on record. It's no surprise, then, that Governor Brown issued an Executive Order on April 1, 2015 that called for the first -ever statewide mandatory water reduction to slash water use by 25 percent (compared to 2013 levels) and Increase enforcement to prevent wasteful water use. As a result, the State Water Resources Control Board (SWRCB) adopted an expanded emergency regulation and has imposed a new round of water conservation rules, including sharp restrictions on landscape watering as well as orders to restaurants not to serve water to customers unless asked. What does this mean to Santa Ana residents? Santa Aria has already reduced its water consumption by 13% since 2013, which means we still need to achieve an additional 12% In water savings this year. On the next page are the new restrictions and requirements for Santa Ana residents and businesses to comply with state regulations and local ordinances. Continued on nextpooe. EASIEST WAYS TO REDUCE WATER Washing only full loads of dishes and laundry saves 50 gallons of water a week. If every family in the Southland did this, we'd save over 200 million gallons of water every week wanking together. That's over 10 billion gallons of water a year! Outdoors, check your sprinklers for leaks, water in the morning or in the evening when it's cooler. Or better yet, change your thirsty lawn into a yard with California Friendly plants that use a lot less water. I n SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -56 0092190r= So, how can you do your part to reach our 12%goa l? Instrumental to conservation is awareness, participation and collaboration: Awareness How many of us leave the water running as we brush our teeth and watch N? Or run the shower forfive.- minutes or more to allow it to warm up? Be mindful of the wateryou use and ask whether or not you need to actually be using it. Your small routines could be wasting upwards of six liters of water, which is more drinking water than many impoverished families are allocated per week. Participation Close the tap when you're not using it. Install a water- Friendly showerhead which will save gallons of water while You warm up your shower. Use a plastic tub in your sink to wash produce and re -use the greywater to rinse dishes and to water your plants. Be sure to follow our water - saving tips. A few small changes in wasteful habits can make a big difference in your water consumption. Collaboration If everyone does their part to conserve, California can avoid more severe measure like rationing. Get involved with us, discover new and creative ways to save water and spread awareness to your family, neighbors and friends. We can't make it rain, but we can make a difference. Do your part to conserve by reporting any water wasting activities in your neighborhood to the City. THREE WAYS TO REPORT WATER WASTING: 0 Call the Water hotline: 714- 647 -3500 0 r� Use the "mySantaAna" Email us at: smartphone app conserveWater @santa- ana.org f r r FOR SANTA ♦ A RESTRICTIONS: ALL WATER USERS Mandatory 12 °% reduction In water use compared to usage during the same billing period in 2013. • Outdoor watering is restricted to Mondays and Thursdays, and only between the hours of 6 p.m. and 6 a.m.* • leaks must be repaired within 48 hours of notification by the City. •.No washing down sidewalks or driveways. No excessive water flow or runoff that causes water to flow onto an adjoining sidewalk, driveway, street, alley, gutter or ditch. No washing vehicles with a hose, unless the hose is fitted with a shut -off nozzle. No operating a fountain or decorative water feature, unless the water is part of a recirculating system. No outdoor watering during and 48 hours following measurable rainfall. ADDITIONAL. REQUIREMENTS FOR BUSINESSES •.Restaurants and other food service establishments can only serve water to customers on request. • Hotels and Motels must provide guests with the option of not having towels and linens laundered daily. In addition to this requirement, the City of Santa Ana is currently replacing turf In street rnediums with drought tolerant landscapes. i SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -57 m. washers in a faucet with a slow steady drip saves 350 gallops, per month, and 2,000 gallons amonth if the leak is a small stream. For toilets, an easy way to test for leaks is to put food coloring in theta nk. Don't flush. Ten 'minutes later if you see color! n the bowl, you have a leak. Faucet and toilet leaks maybe easy to detect. But how can you tell if you have other leaks inside and outside your home? Detecting Indoor Leaks: Your water meter can help you determine Rest Water conservation I Restrictions call for all leaks whetheryourwater- using fixtures or inside plumbing have inconspicuous to be repaired within 48 hours leaks. Its the best place to begin your search. Here's what you can do: of notification by the City. • Turn off all faucets and water- consuming appliances, including evaporative coolers and icemakers in refrigerators. • Check the meter register for any movement of the numbers or the low -flow indicator and note the time. • Check the meter register again after 15 -30 minutes. Any movement indicates a leak. Detecting Outdoor Leaks: Turn off your house valve (all indoor and outdoor water). Check the meter register for any movement as described above. Any movement indicates a leak between the water meter and your home. Ifyou suspect you have a leak, be sure to contact a plumber, And if you don't, remember to check for leaks periodically. `t READING YOUR WATER METER Water meters are usually located between the sidewalk and Curb under a cement cover. Remove the cover by inserting a screwdriver in the hole of the lid and then carefully lift the cover. The meter reads straight across, like the odometer on your car. Read only the white numbers. You can refer to the adjacent diagram for details about reading the water meter register. 0 Low -Flow Indicator ­The low -flow indicator will spin if any water is flowing through the meter. Sweep Hand — Each full revolution of the sweep hand indicates that one cubic foot of water (7.48 gallons) has passed through the meter. The markings at the. outer edge of the dial indicate tenths and hundredths of one cubic foot. Meter Register — The meter register Is a lot like the mileage odometer on your car, The numbers keep a running total of all the water that has passed through the meter. The register shown here indicates that 345,711 cubic feet of water has passed through this meter. SANTA ANA WATER QUALITY REPORT ls EXHIBIT 5 75C -58 Converting your water-guzzli rig lawn to a drought tolerant garden makes perfect sense. It will not only help you reduce your water use significantly, but it will save you money and time. A Southland city commissioned a stucly for a period of nine years to determine how much water homeowners can save by removing their lawns. A landscape designer was asked to design two adjacent residential -size front yards, each about 1,900 square feet. One had a traditional lawn and thirsty plants watered by sprinklers. The other featured low -water California natives, which were watered as needed by drip irrigation. The yards were then monitored over a period of nine years. The results were amazing. If thats not enough to sway you toward losing your lawn consider this: l "he native garden took 167 fewer hours to maintain than lawn! You may be surprised how much you will enjoy your drought- tolerant garden. Its a better fit for our Mediterranean climate and it also provides a habitat for birds, butterflies, bees and beneficial insects, You can be as creative as you like. To learn about drought tolerant plants and help inspire your new landscape design, visit the quick links found on Santa- ana.org /waterconse.rvation. 703,813 130,438 GALLONS GALLONS `•.�.•� b� SAVINGS � rr�a 573,375 "G. S GALLONS Lawn and Sprinklers rtative5m,d Dap � perriod To help consumers replace their lawns with drought tolerant gardens, the Metropolitan Water District of Southern California (MWD) has introduced the nation's largest turf removal and water conservation program which over the next decade Is expected to generate enough water savings to nearly fill the region's largest reservoir— Diamond Valley Lake. The turf removal part of the plan Is projected to save about 80 million gallons of water a day for Southern California, or enough water for 160,000 households. Eofthir idential s about er on n. The City of Santa Ana has partnered with MWD on a Turf Removal Program that offers homeowners a rebate of $2.00 per square foot of grass removed, up to a maximum of 86,000 per property. The grass must be replaced by a new landscape that meets requirements set by the City of Santa Ana's California Friendly Landscape Guidelines for Private Property and Parkways. These requirements include certain ratios of plant material, permeable hardscape and mulch such as compost, bark and other organic material. Continued on next page. I SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -59 •O r - Be proactive during the drought! With everyone's participation we can reach our 12 percent conservation goal and save a few dimes along the way. As the adage says, watch the ounces and the gallons take care of themselves —well, almost! P e 1 Step One: Plan Your Project 1 _ Select the types of plants, permeable hardscape and organic material you plan to use 1 Measure your project area correctly. 1 Design and layout your project area IN 1 1 Step Two: Project Start Approval 1 1 Apply for your project start approval online by visiting: mwdturf.conservationrebates .com /index.php 1 1 You will need a photo or scanned copy of your recent water bill and at least one photo of each area 1 1 1 you plan to remove turf (front hard, side yard, back yard.) 1 1 Wait 2 -4 weeks to receive an email approval to start your project. 1 1 1 1 Step Three: Complete Your project 1 You have up to 120 days after you receive your approval to complete your projects. ; e 1 1 Step Four: Request Your Rebate 1 1 _ tog into your account as "Returning Turf Applicant' using your original email and password 1 Supply the required information, which includes photos of the saine project areas you replaced with p drought resistant landscape. 1 1 Your rebate application will be reviewed and you will receive an email with the results within 1 Xapproximately 4-6 weeks 1 1 1 for specific details about the Turf Removal Program and to apply for the I 1 c3caC;ai rebate, visit: socalwatersmart. com, Be sure to combine your 1 "urf Remove CAM Wa1°erSmarl Rebate with other water saving rebates such as irrigation controllers, soil 1 moister sensor systems and rain barrels. 1 1 1 L —.. — — ®— ®a ®mom.,..., ®.. — -- ®..moo. .. ,.. ., -- — .. e— — ®m ® — — — ® — — — ® ® ®.e SAMPLE LAWN -TO- GARDEN DESIGN: �a L� T r� SANTA ANA WATER DUALITY REPORT 19, EXHIBIT 5 75C -60 HEz t M • A &*014CA11 WILTIT/iIII r Fill r REBATE PROGRAM Coming off the heels of Governor Brown's 2015 declared state of emergency, Santa Ana residents will be required to reduce their water usage this year by 12 %. One sure way to get ahead start is by participating in the SoCal WaterSmart program. WATER & WALLET FRIENDLY ROME IMPROVEMENTS The term'home trprovements' almost always precedes a deep and reluctant sigh, but these relatively easy installs will save money hand over faucet! INDOOR • High Efficiency Toilets (HETs) use 20 percent less water than your 1 Since roughly 30 home water SoCai standard one. percent of your 1 usage is devoted to your daily task, you could be saving over 1 Water$771art 8,000 gallons of water a year, and will save approximately $800 1 (or more) on your water bill. So get on a HET and flush away all 1 r High Efficiency Toilets (110 S): $50 per toilet 1 your worries. 1 i 1 High Efficiency Clothes Washers(I ECWSf 1 • Replacing your everyday washer with a High- Efficiency Clothes 1 $85 per washer' 1 Washer will conserve 55 percent more water, saving potentially 14 p 1 gallons of water a day. This not only translates to more than $400 1 -. e Weather -eased Irrigation Controllers yVBICs): 1 $80 per controller, $25 perstation for more 1 1 in your appliance savings but will also reduce your energy bill as 1 than one acre ° 1 less water makes for less energy to heat it 1 1 Rotating Sprinkler Nozzles: 1 1 r 1 $4 per nozzle for 15 nozzles 1 OUTDOOR 1 Rain Barrels: I • Conserving water can also be done with outdoor home ; $75 per barrel'• i improvements such as weather -based irrigation controllers 1 1 (WBICs), which will adjust their water schedule to accommodate 1 sarolwara,.R,,,.co,,, image ✓aors /e „allryln�r,.,�,e,,pnr 1 changing weather patterns and plant types. This alone will save hP ,.Fdr 1 you 13,000 gallons a year and over $700 on your water bill, while i socalware�'° aroeomnmaycs /vorvquaoryengrwelcs.pdr 1 1 also preventing You from overwa[ering your garden. 0 oaalwacersmarzcGWindex .php /9uallryingproductvnosles 1 1 -, oalwararsn, a .e.w�rvindFnphNaiiaiiryneprodorrs /rain- daneml 1 • Less sophisticated but equally effective devices such as rotating sprinkler nozzles) and rain barrels will also conserve water at the spigot and prevent runoff from re- entering storm drains and waterways. 1 SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -61 0 YOUR V RLOMO !1KEE'1F21 [1M'G [17, 'a ;j ly �, t ' t 1 6"u�H q f....a '..x, Li *, _, �^ai„ r,.,liar����_LE i %l P _� � EF �a�x,:11 €�,� l �� Santa Ana residents may have recently noticed as I ight rate adjustment in their monthly water bills. For a typical single - family residence, the first adjustment represents only a $1.58 increase per month on a combine bill basis. What is the reason for this increase? Rising Cost to Purchase Import Water: Approximately 32 percent of Santa Ana's water is imported from the State Water Projects and the Colorado River, Over the last three years, the cost to purchase imported water has increased 25 percent due to increased costs in supply, electricity, and water treatment. Aging Infrastructure: The City of Santa Aria has evaluated the state of its water and sewer lines, determining that roughly 13 miles of water pipeline and 44 miles of sewer mains are at a high risk of failing by 2020. One of the Citys top priorities is the creation and maintenance of a tangibly more reliable water system for all. While these services do come at a cost, residents will see expanding water improve merit projects being carried out, leading these projects is a plan to replace five miles of distribution pipelines each year, which is desperately needed as much of the Citys sewer and water lines were Installed before the 1980s. Residents are encouraged to take advantage of the SoCal Water$mart Rebate program, which will not only boost the communitys conservancy efforts but also help offset bill increases (for more details, see SoCal Water$mart Rebate Program). Average age of Santa Ana's water and sewer systems: 50 Percentage of water and sewer systems installed prior to 1980s: 70% and 85% (respectively) Likelihood of failure over the next 5 years: - 5% of Santa Ana's water system ('13 miles) -12% of Santa Ana's sewer collection system (44 miles) on SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -62 SAFETY, MOBILITY AND A As Executive Director of Public Works for the fourth densest city in the nation, Fred Mousavipour has safety and sustainability on his mind. A 22 -year veteran of public works and engineering projects in Los Angeles and neighboring cities, Mousavipour has set his sights on reducing the number of fatalities and injuries involving bikes and pedestrians in Santa Ana. "We want to be one of the best,' he says. "Our goal is zero fatalities, and we can achieve that by improving safety and providing multiple means of mobility." Mousavipour is a graduate of USC with a background in civil engineering. He wonted for the City of Los Angeles on big projects like the Hyperion treatment plant and was the Chief Design Engineer for all four wastewater plants. After his tenure in the private sector as a managing director of commercial real estate, Mousavipour joined the city of Redlands where he became Director of Municipal Utilities. Mousavipour envisions better use of vehicles, bicycles and public transportation for Santa Ana. He wants to improve the city's walkability, reduce traffic speed, create more bike lanes and widen sidewalks. "New York and San Francisco have many of the same transportation and safety issues and I believe Santa Ana can overcome them in much the same way as those cities" Mousavipour's other major priority is to build a sustainable infrastructure with greater use of technology. That includes energy conservation and LEER certified construction and design. "Everything we do in Public Works has a direct effect on quality of life and that makes it exciting. It gives us a chance to make a big contribution. Thais why I studied engineering. Its my dream, and I'm excited that the City of Santa Ana and its people give us the latitude to provide those services." SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -63 M - �.. .�1 11i � as p �j r Ha �.� � `Ir�f�tIr+� of � .� it � {f,��'Ifk7l �� f9 �, lr�'� �� k4?t� b ,� ((��. �.��,t'���� ti tl tt m�`✓ It�l`i �f��;� ' A The Public Works Agency continually makes improvements to Santa Ana's infrastructure, One priority is reinforcing the Citys award winning water system, which has been recognized for its innovative features, exceptional engineering performance, and reliability. Here's a brief look at several projects completed and planned. MAN RERIPLACk"iIAENT More than 9,000 feet ('1.7 miles) of aged water pipe —some as old as 100 years —was replaced along Broadway between Civic Center Drive and Santa Clara Street last year. The $2.5 million project included the Installation of new water valves, fire hydrants, meters and meter boxes. Santa Ana's Water Resources Division scheduled this project In conjunction with a major street reconstruction project planned for Broadway. This coordinated effort leveraged city resources, Improved efficiencies, reduced overall construction costs and time, and minimized disruption to traffic and pedestrians. The new water services and pipeline will ensure the City can better handle emergencies such as fires, reduce the probability of water main breaks and Improve the reliability of service to residents and businesses. SANTA .V'=AKI 'S N ptrl S1:, 3i iP4=%Ij RI PUMP u.rTATMI Santa Ana is all about green... reducing our environmental footprint by improving efficiencies and reducing our energy and water consumption. There's no better example of this cam mitmentthan the renovation of our Walnut Pump Station. This older pump station located at Flower and 'I at streets was built In 1953 to pump water Into the City's pipe systern from an underground storage reservoir. It had becorne outdated and Inefficient, operating with old electrical components that were difficult to upgrade and service. Beginning this fall, the City will start construction on a new facilltythat will operate with the latest technology and efficiency standards. The facility will capture rain water, recycle run- off water, and use more efficient controls such as variable- frequency drives (VFDS) to reduce the amount of energy needed to pump the same about of water. These features will establish the new Walnut Pump Station— slated for completion by the end of 2016 —as Santa Ana's first "green" pump station certified for its water and energy efficiency. SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -64 Last year, the Santa Ana Water Resources Division was involved in 40 educational, community and children's events to hand out samplings of our award winning tap water and information about water conservation. Events ranged from First American Titles Sustainability Fair, Earth Day and Open Garden Day to Party for the Planet at Santa Ana Zoo and the Children's Water Festival, to name a few. Here's a snapshot of several other events we participated in: u,c,' vv cr `eon I" < -I 1 Nearly 1,000 people of all ages participated in a 51K run enjoying views of Santa Ana's hlsforlc landmarks including the Orange County Courthouse, Spurgeon building, booming 4th Street, Sasscef Park, and the Garfield Community Center. The Santa Ana Water exhibit was a refreshing stop for thirsty runners who later enjoyed other activities during this community health and resource fair designed to promote healthy lifestyles. Hundreds of people stopped by our exhibit to sample water and learn more about water conservation during this inaugural caoffee event called "Sunday On Main Open StreeC' or SOMOS. A three -mile stretch connecting Santa Ana's historic south Main Street with its vibrant downtown was closed off to traffic, opening up a safe environment for the community to get out and get active. Residents were free to walk, run or move around on bicycles, skateboards, and i oferblades as well as enjoy children's activities, entertainment, Zomba dancing and yoga classes. 4 6RAre;ri Pik INT (i 6 koi I OF I CATIOIN DA`! Ot I rib' R laid Santa Ana residents fake pride in their community and one way they show their pride Is on Graffiti Paint Out & Beautification Day. Many volunteers regularlyjoln any-contracted graffiti removal crews to help clean up graffiti in our community parks and surrounding neighborhoods. Volunteers are supplied with tools, gloves, paint and training. We are on hand with our award winning water and healthy snacks to help support residents and crews who work hard at beautifying our community. Continued on next pc,,, SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -65 IN OT CONHA UNN`TY Each year Santa Ana Water educates children about water conservation at Parry for the Planet. Santa Ana Zoo's annual event Is held at Prentice Park in honor of Earth Day to celebrate wildlife and pi ornate ways people can help protect the environment. Our exhibite now becoming a permanentfixture amind Down town San to Ana (D "rSA) Farmers Market, which takes place every Thursday on the Spurgeon Promenade - located between 3rd and 4th streets. The DTSA Farmer's Mal ket is where residents {and sometimes public officials Ilke Congresswoman Loretta Sanchez shown here) enjoy food samplings, entertainment, and shopping among vendors salting a wide or of goods including fresh produce, artisan bread, and gourmet oils and vinegars. Since the beginning of 2015, we've participated in more than 100 events and we have 35 more scheduled through the end of this year. Be sure to look out for the Santa Ana Water exhibit and stop by for a visit! r. I Tf a II 1 - 1 yza\ I " s .,.1 .41 row% ^. L-' t�ft 7(r -+'�. �� i "' !� 1�A p t ., H" , 1 r 1 ',a t Zayre Garcia's poster was selected from among hundreds of others throughout Southern California for Metropolitan Water District of Southern California's annual Water Awareness Poster contest. Congratulations Zayi al 9w r o'z OV1 t SANTA ANA WATER QUALITY REPORT r f 'A 0 Winner: Zayra Garcia Grade' 8'" School. McFadden Intermediate School Teacher: Mrs. Arica Dowd .� �0—ftV 75C -66 E N FIT.- :, I [M] � N AT gig, FATS TS 9 0 � L & G R EAS E go Nope. This isn't rive steps to getting healthy, but a reminder that your kitchen sink isn't the proper place to eliminate fats (F), oils (0) and grease (G). Imagine your home's plumbing system is like your body. just as continual consumption of FOG builds a residue over time that blocks arteries and causes major health issues, the same goes For your home. FOG poured down sinks and drains build up inside sewer system pipes, restricting wastewater flow and eventually causing blockages. Blocked sewage can then overflow into your home, streets, lawns and storm drains, eventually making its way into our storm water drain system, waterways, and the ocean. Do yourself a favor by following a few simple guidelines. Doing so will save you money in unnecessary plumbing costs and help protect our natural resources. I_"EP Wa M PLUMBING FIT 11 14 n*,SE FIVE F-0 -G FAVORS: Q4'. Dispose food waste directly into your trashcan rather than garbage disposal 00 1 Allow FOG to cool in an empty container (like an empty yogurt cup, milk carton or coffee can) and scrape the solid contents into the trash. s' Mix FOG with other absorbent disposed solids such as old newspaper or cat litter. Use paper towels to soak up FOG while still In liquid form and dispose them in the trash. tRO Never pour FOG down the drain (yes, not even while running hot water)! You may also want to consider reducing the amount of lard, oil and butter when cooking. Not only will this help keep your homes plumbing systems fit, but will keep your family healthy and fit too! on n SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -67 a ROwNT e / ) S i r ^, h l {{1_ ail A tJ A� �; ! "! [f s ti Jar' r''�g'��` 111--,) ;��1 e'j -� ��i G.,<<...�F.��I E9 rt. )°?',��`v�'..r5171�?.3t.�i '"acs) Building inspection MAINTENANCE WATER RESOURCES Recycle Used Car Oil& Request Line SERVICE Filter 714 - 667 -2738 Sewer /Storm Drain 714- 558 -7761 Curb & Sidewalks Maintenance City Manager 714 - 647 -3380 714 - 647 -3380 TRAFFIC AND 714 - 647 -5200 TRANSPORTATION Graffiti Removal Water Administration Fire Department 877- 786 - 7824 714- 647 -3320 Signal Repairs - 714-573-6000 (call 911 for 8 a.m. -5 p.m. (Weekdays) emergencies) Graffiti Task Force Water & Sewer Permits 714- 647 -5620 714- 245 -8769 (Police 714 - 647 -5026 Mayor and City Council Department) Signal Repairs - 714 -647 -6900 Water Customer Service Police Department Public Works and Billing (Evenings /Weekends) Parks & Recreation General Maintenance 714 -647 -5454 714 - 834 - 4211 714 -571 -42.00 and Repairs 714 - 647 -3380 Water Engineering Street Work Permits Planning & Building, 714 -647 -3320 714- 647 -5039 Planning Division Sanitation (Environmental Review, 714 - 647 -3309 Water Maintenance & Traffic Operations Historic Preservation & Construction 714 - 647.5619 New Development) Shopping Cart Removal 714- 647 -3346 714.667 -2700 714 - 667 -2780 OTHER HELPFUL Water Production NUMBERS Police Department Street tights 714- 647 -3382 714 - 245 -8665 714 -647 -3505 Bus information (call 911 for emergencies) Water Quality& 714 -636 -7433 Street Sweeping Conservation Public Library 714 -647 -3309 714- 647 -3341 Noise Complaints 714- 647 -5250 714- 834 -421'1 Trees Water Service &Main Public Works 714 -647 -3330 Location Overcrowding Emergency Repairs 714647 -3320 714- 667 -2780 (after hours) Weed Abatement 714 - 8344211 714 -647 -3309 REFil Cf,)l L L( -IION Poison Center 800- 876 -4766 Public Works Information New Trash Cart/Order 714 - 647 -5690 Dumpster 714 - 558 -7761 WM SANTA ANA WATER QUALITY REPORT EXHIBIT 5 75C -68 !� t : # A copy of the complete assessment is available at the Water Resources Division office. You can request a summary of the assessment be sent to you by contacting us at 7'14 -647 -3320. If you have questions about your Water quality, contact: City of Santa Ana, Water Resources Division Nabil Saba, F.E., Water Resources Manager Cesar Barreiro, RE., Principal Civil Engineer Thomas Dix, Water Quality Coordinator 220 South Daisy Avenue, Bldg A, Santa Ana, California 92703 phone: 714- 647 -3320 1 fax: 714 -647 -3345 santa-ana.org Este informs carriers, infoorrI out Importarne score su agua potable. Tradunalo o bable con algulen que to endenda bier. ommnw,v 16h4hman nn mmf wn isaea caooh dup hq covtlol Aius. Tihab UhAa nv2. b^. you Numnrop ¢i wn nnrn �s iomm�u ynv.�. k•Ap%p95Rfrt16 wpHH8�1piAH.HN tkAA # ®0HKR64. hlahplayx'dn8 onyo,mdsyonq PP Mmtpynnoy gsearnno. 75C -69 75C -70 LWAZI M I W. 75C -71 On behalf of the City of Santa Ana Public Works Agency, lam pleased to present this Annual Co­­, Confidence Report, which gives you da the quality of your drinking water and important information about water conservation. Conservation has been and will be an important initiative, particularly as we. continue to face mandatory water restrictions due to California's historic drought. Last year, we asked all Santa Ana residents and businesses to save water as never before and, as a community, you took this message to heart. We not only met our conservation target, we exceeded that target by four percent. Despite the moderate rainfall we experienced last winter, we don't know how long th conditions will last and ask that you re vigilant In conserving this precious res- 21)15 WATER REPOR We are not only committed to excellent water quality but long -term sustalnablllty We are aggressively moving forward In revitalizing and improving our main water infrastructure and wastewater. This includes modernizing one of our oldest pumping stations, replacing 3 miles of pipes and augmenting our water infrastructure with six additional miles ofwatei lines At the same time, we have established a comprehensive citywide program to build a first -class network of streets, reduce traffic speed, and improve mobility by creating more bike lanes and widening sidewalks. Called SMaRT -Santa Ana, the program Is expected to not only reduce the number of fatalities involving pedestrians and cyclists, it will help create Jobs and improve quality of life for all Santa Ana residents. Last year alone, the Public Works Agency secured $45 million in grants from outside sources, which will help fund this important initiative for our City. Also, a number of successful public- private partnerships we have created in specific industrial neighborhoods are enabling the City to improve streets, sidewalks and ADA ramps at a reduced cost and ahead of schedule. This cost - sharing model will serve as a template for other communities in Santa Ana. "Water sustains life, enriches health and enables commerce. We treat it as a service to the community, not just an unlimited commodity." Looking to the future, we plan to provide a citywide broadband network and telecommunications system utilizing fiber optic technology. This gigabyte speed low -cost Internet will be a major service to the community and a tool for economic development as we become better positioned to attract new businesses to Santa Ana. All these programs exemplify our stewardship of Santa Ana's Infrastructure, which is essential to our communitys safety, health, and quality of life. We are proud of our community and are working to put Santa Ana on the map as one of the most proactive and innovative cities in the U.S. Fred Mousavipour Executive Director Public Works Agency City of Santa Ana WN011 :1k�:i 75C -72 ■ Report Sections What Is A Consumer Confidence Report (C:C:R)? he Consume cor dance 2eperr(CCR) is an annual water duality report that helps you make informed rho!Ces abou t tzi ws&eryoa ot.nk. (.CRS are cis,,gneci to ietyou know w umta iranrs, if any, are in your drinking wales and any possible health effects. Youtvill a zo Peim ibtr there your s atercome fin n. .� Is treated and what It contains. ke focat point of me CCR l ao e Was lisi_s the results of year -round n?orwoficg for more than 120 mnstituenrs. Included in the table Is the quantity of .a,1) Cons] isienr pound in San tia Aua'swrr , supply and hour that cisirroaies vto, rh a!iowab e state -end federal ll i s as, well a, its likeiy origin Only the m stauents that are found at( listed in the dp hate. Bottled water is not covered in [his report The questions and answers starting on the following pages, numbers 7 through 7, will explain the important elements of the table. L015 WATER QUALITY REPORT 75C -73 1. What are the sources of the Water Santa Ana delivers? The CI Santa y to I- iris u t,to sources forthe 125h1 I it II I,on« I ,rattrnre ,.pp "eo,ll year. 12 pel Cet It s g ,,undvmt or and 28 to _ends il7ip:)r�ed ✓vale p IIt a<,a7 f , ire l,9otroyo .tan Wate i D11,1, of SCUthf, -, CaliIo1 n P (UVIWD). MV5 WATER QUALITY REPORT Groundwater —G „ _1 0watei aI r 011 u ,te, and is stores' . _n „th the su taw of the ay In and then pu i) I Te hi to ii i e su f 7a s e ny It dt- uls, I lod Wells. imported - - -Pd WD brings Colo! ado RNer water from t.ateHa ✓as.. and i it off i -oIII the oo pa; it "if%e Serra Nevada Rang, In'Jorthel It Calif „rnia. [he, wither Is then rreyted at the Diemer R L Son Plant in Yorba _Inch trf,w w Is de -v ,ed to S&nta Ana. There ale seven tviVJD connrcrons n aged it I tIs Qty. Most of .,r e=storne. rcelve a hei,ding of heoaro soUn eit g,o' nossatei aro Import) d .NOLeF. Fo' mote detail „a 'he Wami(duallty stan(lards for each of dlesr , in the daia that fttllo v_ We have listed grounov,arzrand Importedwatt n coast krhnsrs. 2. What's in my drinking water? floo - ill p water may rs^ra l n if it e ✓pesof chemlc s (uigarlic lind : rargan c I _roscopic orgari ni (e -.,Ct t,ra.agae, vlruse i a, Id Tarlta(tlte mate l-R([adi -nu. tipt), rilly ot',shich are aurally occurring. Health a,t lhc(eS requ re nIchh0dng M :Mse nacauseat cu-tain level they cnuln n a *e a persr a I<. The cold no marked 'Parra n r, r st, ;I tern tueot fa.ird ill the slither Jsfd I 1,,,msAne_ 3. What are the maximum allowed levels for constituents in drinking water? [ I,A]h ofs sh;,e uln rI coma iniom level, (vlCq Poi ca -_-rn I rs o ha. 'i in!< �� rI IS ,rife and look r c and mrr I , goad. A sill, 01111 ille rs nave the, cf er< "(h Partin I Ter l Ip- e) 1) the Gl Cl. C0hjl -an bs ru.0 dted..v lot �avea „Me�,cai MC t IIi ead . t gave certa i rejm,oti E oltirerren rs that v1se to f r mr tine of e u `St�U nr, toted Ch10'IfIP _; idual. I (cot ,imum rc, dual d rfPC ;o:rl . cool) nsread ofar, NI CL. I ho[o RDL s the maxun.rr level of- 1, rfer[a ^t added foi o ater :,.,airiol , nlat is alloosell r.. mater. While dls clant,, a, e nel eiovy to k II armful Ini,roles jrinl<i ngv;ar s„uatiow, pl urea agalnst[o rush cksirl(rctart be in€ i.rR d. Another r„Istltve t r, ,r =dlty l l, treaeu suri Cle sater, has a rorvl, elren i:lx 95o oe tnt�t,e ul as,rei nts taken :Llsi fP Lelovs a rer*n Iarrher 1 blcdty lsa todsure of hr_cloudi its it tlfe willillf bee non or u IIPc3 uS is o rood inn (our of thr ern la e✓ of t he fl t -,[ion y .ele. A. Why are some of the constituents listed in the section labeled "Primary Standards;” and others in the "Secondary Standards'°: co-, uo .hat are zr., , �d +.n It), III mary ii ,ochre Ycie inay l'r `health It Crain levels ( o , -itW ns I list are pr t 1, loos Lh, ;llcol dary trorwa,cjs sr -._on ca,, . w'pci the dppimai tlol,e, taste a id smell of i” +rer, b ll ..r. not aiffeu ine Ifery o, tl -e v ai tr, -;L„t ey tlso i tie ji arlman , ,tando,C Some ro-sntu(nt ( alunilnur) Laveliv ditP-e:rt In'( i one ht i- I IP -,,ed m ra(C, and anothel foi nory health - :elated nipad .. S. Norm do i VoCAV how ranch of a constituent is in rxry water and if it is at a safe level'? ,J ih s fev, exr idi,n6 If t... aer n . uta r SLItJE [ rrl' -d 'toi AJ,,il JVer rI e CUU11P OI d scar is N)"'ri"Ilel wil dl u1 zlip e I rr'ulatory r [airfne aBCon It"Pred too-sahi,51cilo the hi—hostt en h e,,t revel rr +carer deg ,i year Thor iii Requirer,, ,i ht .,tole. J rearan taste anC ,nel: =C ba 1 1 ll the ayr r,jgP levels recorded and not rile range. EXHIBIT 6 75C -74 6, How do constituents get into our water? Drinking ware r (raft water asd bottled vvarer) comes front river sakes, streams ponds, reservoirs, springy and wells. As aaria a navels over the su. -face of the And of through the g: ound, it dissolves naturally occur rang minerals and, In some cases, radioartrve malaria;, and can pick up at resulting from the presence of animals on unran activity n,, most likely source for each consatueat is Its ted n the last column of the table. Contaminans that rnav ife Pasant In soh IfCe water include • Micobial contaminants such as viruses and baaena, tfat may col lie fro ^n sewage treatment Plans, septic systems, agricultural livestock operation „ and vviIdIife. Inorganic contaminants, such as salts and metals, that can be naturally - occuring or result from urban srormwater runoff, ldustral or domesm ,castccvatLr discharges cil and gas production mnh g or far nbig. Pesticides and herbicides, that may come from a variety of SOol ces such ac agriculture tirban srormwater runoff, and residential uses. - Organic chemical contaminants, i.aclading synthetic and volatile organic the meals, that are byproducts of industrial prc esses anc urrroleuni produrion acid can also come h< ran gas star ans, urban s-o, mwater runoff, ,gri Lulu ural apnl cation, a P cot;. system,_ • Radioactive contaminants, that can be naturally occuring or be the result of oil and gas productron and mining a( riches. 7. Are, there any potential sources of contamination in our system? An assessment of the drinkingwater wells for [he C ny of San-.a Ala was Cora Meted in December 2015. Santa Ana's wells are considered most vulnerable to the following acrivties associated with contosnlnants detected in it water si pply. historic agricultural activities, golf courses, aPd application of fertilizers. Out wells are considered most vu nerable to r ^e to lover rig activirirs net associated -IitI deter Led oontaminaces cnemlcal /Petroleum ppelnes, chemical, petroletnn pi,ressing /svoros, dry deanefa gas stations, u,k /scrap /aldage yard metal pIaLi ngriinlsh l rig/ roar i cation plas it, s /syn the Uc Is p TOO uc e is ar !if sewer cone¢ ion sysi ems- roVVD ls,nc v,red ev DDo,' i ran o nduc[ m f Ea I Source ts atcr asse .n 1 Pet, which 1 c Ii 10 1) upd 11 t r, f through War 0I 11i” 1 ,aI I t+ns sL rvr Is e Fry i Iva year Watershed ,arntxvsu r r y examinee ocsi blesoiu s - afafiii l ee IA ,t ^r,ant m o! and rer ore mero Iowa tP berrer protect the se source c,atei .The most,ecent says for 111 WD's ourcev atc,a arethe Cus hif La do -, ive a;arer, ed Sanita ry 1,Lj r-"- 20101J pd ate and the ',fit I P WaI t rof eat VVa srshen Sa (I Ira 2 Surrey -?Of I Update. Source ware sued by MIND — the Colo i ado freer and State water n a ect- each have dl`.ei ent water quality challenges. both are exposed to srormwater runoff. recrean.nal activltr ,astewater discharges, v ila Mfr fires, in,] otf.er ,neater shed - i c acco facmi C Aar could fill water qualij, . e+tr -,em To remove spa ifi...o. lamina ru can be more e,oencive than measures to protect ,retei at ha , a;rce -hick is ,,,,fly Cal and other,,,aer .gee ies in —c resources to srJpport Improved vaieished p otection programs. Waterfrom , e Colorado si I,r te ccrsdef to be MOST ru i nerrole to ccnraninn. Mr from recreatioa, Lit 3,,IVSmrrr ✓,Ater runoff, in rcring urbanaation The watersl ieci, and wasterv-. ter. Water supplies lion, [,r . California n,, most vulnerable to contamination frum urbaMSrorr water runoff, ✓„ldllfe, agriculture, recreation a,advva le✓vater. ,f copy of the h,usil scent summary of rah se source water assess ants can be obcained by c fl ine our office at 7'1 A 6,C/ 3320. a] EXHIBIT 6 75C -75 Drinala a tel inci i Tflod waTO I Tray ^asor,ol,o 1, Tel Lrcl ,�rf rain gas small mount SO ne TO v+ III13ns l,e,fF"T, P0� COrltal113' Is dee,, rJL Ier�4arl le Ir l Ir Y%,LIh? �r :heal[ I recanl err mole about r'iaron qs and pols vs Ire., IT, et `s bjr ca ling IteJ e FIT, rnm it'aI ,a, uioI A„ef Js(I1 -,E -'A) ',-If- Di r n a!F t i l r c zl, J` 0 4 , )6-4 m'i of „IstIn„ I eo.iei li, rss e, a ,ground - Pter In of n Flnt'- cater. foen rIlti aofe (FT i, atemalIn. the FFsEPA H 11 e staff s stet Re501. , cc r rlxroi Boaro 3 1 o n o r ) i ng ✓:ate:( t`,)6T escri ce legula t 0 FIS chIInI F teeamourI cl er tai 11 �OrLl FIT I nj I Is in s,a t p ned sf a3JIIL ,rater sysiams. Dr)HI I e rlsnnn, NTT() elst,, n l limilsfrsr '_JRla i tr . r sett ed ssai cis rrl I I oV np ne same I olcr nor I ol a c'w+lfh. Tofoe fwia racy is e FF.), e L;Incfable to ,ontan ^an's In OF rt a'_Itha, rlasen,Ia e, o, ,in, In fln,n. ) Fort o � m! , ou n or v, ,[I,- 35 ne son - ,/ care ritual o s m herapt lersr. l F raver + "Tire sl 11 01"I'lln7s, Atop `r F 111,Al-IT r, l : ill niu ^e system ri sei I el , IF lo; a r I faf K,a T 1 be a, I, II r'ns +hrn n dons FI ,oeople �r'I Id ( att,, -I, a tuL en Vas, v\al,,i nom seir aa;tlI cal )i elders. 2015 WATER QUALITY REPORT 4' s' EXHIBIT 6 75C -76 Fluoride. The City of Santa Ana receA;es approximately 2A percent of itswater supply Irsn PJINID. Beginning in October 200 NWDJoined a ua only of the nanon's Pul li C 'NsLPF supplier s in act i g' notice to the T[caue, I water it supplies to sate water agencies, a plan approved by the CDC and the Stare Water Resources Control Hoard (SWRCE) SantaAnd's well water has a naturally occumng fluoride range levelof o.15 to 0.47 pper. Water provided by IRAID has been adjusted ro the optimal range for dental health of 0.6 to 12 paIrro per million Additional information may be- four id by czl[ng NIWe's Water Quality Information hodlne at 800354 -4420. You can also download a fact sheet at http7/wwvu.mwdh2c, cnm/ PDF NewSROOm /5.4.2 Water_pua!Ity�louridaticn.pdf or visit for -the Cryptosporidium. Cryptospo. dium is a microbial pathogen found in since water throughout the U.S. To dace, cryptosporidium has not been detected to out water supply, USEPA/CDC (U5. Centers for Disease Control and to Overton) guidellops on app rr priar_ means to lessen me risk of infection by crymospoind,um endother fair toblz! contaminant_ are avaJable It me Safe Ofifforn, Water i-ifline at 800 426 -4791. Hexavalent Chromium. injuly2014, California became the first state in the nation to regulate hex:valent chromium, also known as( butirtc, 6 Prearousiy, chrome$ had been regulated as total chromiurn, which indsdes other forms of the mineral Chrome -6 can be present In water due to natural geologic conditions or fron- industrial pollution. in Orange County, groundowami -often contains trace amounts of naturally Occulting Chrome 6 that are far oelowthe new mr-I See theteeter quality Iable In this report for Information on Santa Ands water. Lead. If present, elevated levels of lead can cause set ions health problems, especially for pregnant women and young children. Lead in di inking water Is primarily from materials and components associated evith Service lines and otme plumbing The City of Santa Arta is responsible for provlding high quality drinkingwater, but cannot control thevarlety of materials used In plumbing component's- When your water has been sitting tor several hours, you minimize the potential for lead exposure by fl uslting your tap for 30 seconds to 2 minutes before using water foi drinking or cooking. if you do so, You may wish to ccillor the flushed water and reuse It for another beneficial purpose, such as vaatenng plants- Iryou are concerned about lead In your Water, you maywlsh to have your -water tested. Information on lead in drinking water, testing methods, and steps yoi can take m minimize c osure is avaJaInt, frcm ^hr Safe Orinti e ejamr Hourv, or at hate, /hv'nntepagovn ad, EXHIBIT 6 75C -77 v cr_ ATER WATER REPORT Fc IN2OV3 WATER QUALITY REPORT At thtr City of Santa Aria, ' protef tin?;� our t heal 11) arid -c4pty is our highest prionly I-3u I a,; ym it foraiwaterptovidcr,wr , d eliver it I()[ T= thail w-,t ta fe d rfr I k, i rig vv,Tiret , We deliver clualily. service rmrl valur, QUALITY. °Fo'oivr ilr`'`t' i I" it, st o k ;a! i, y d - -1 1( 1 r, T� r [ o a 1; 1 : esir r I %i, FFTFvc 1 11,01 Gb I, SAi`T'gLJ,i l F', I r pl o IF a 4,- YJ'P o tap 111111ilt llop 1 01 jl i)aSsLls d to v.rl [,I "m il vvea 0, tix I T- C)I011" 'tp F,ir- ,iai, 1 fed n w ° a or retTFiitr)ns,eFo,i,vr Y-,[ aftol dear .... i have earn I I, oonllian for air awxFfwlmw r,,,-jvqFFi,i I ace. /e al J 'l,110 I l a.,Foig the to ration ,s top S t ar,� r of F) I ( tY 1,14T SERVICE I arPIIa0Ik%' eel FToriL-llIrycF`d °area pIpfoo, IF." Boyrand prop cirF,, I ru a�3 aciFp, "llpt-drr vvl,e-ovo I'll" Fe-ci I,-, �,e also v"o, < iiligc ii ly to or -,ijw th,o. —pt,lic,T -iro ,loqpai- FFF neer deer )n e,/Lr, as Ae end,f e tire mr, �t drot IdN I I i) r I% ra i I IF IT I, T,o only VALUE. Tn^ 1 ost pi Fli r,]!! Z r,I nd I, orll rent o rl r I to lnr t ers -, a IF c r e m o I k I [o I urethat r t'll stays o ffo I , 1, ; ir 1 a. We 00, itlIs by invent III� IT I r a "t IC IF I t na rtto I Iola C , I S I og I," i FT, no 0 Imp rr. ct, I welly i I _en's. Wc , t 1 tale t IeITver I&I"% d an e v,al -I ;i 00", ' h it-, tour ho 1 1c, Ict le<' Thar , t on- per g, To Lila[ flilct we , majrn p; fljl� q 111 me-aing he chFlFnl—of o n a[er pros an o,arer Con. CI -no o-Ttlerit'i ujl,)tFIIdrlI2 S It - ra I IF rl IT I ?il ( 011MILI TV T III iallO 1 ob 10 ll)3 ILIllig -10 SeIlle leers ' Or ' our w,4tet users. AXI 75C-78 T Santa Ana conducts extensive monitoring to ensure Chat your water meets all water quality standards. In 2015, we collected numerous samples for contaminants at various sampling paints in your water system; all of whkh were below, state and federal maximum allowable levels. I he results of our monitorinl,, are reported in the following table . the state alloy,, us to monitor for some eontarninarts less Chan once per war because the r uncentratlon, urthese r ur tawlnm wti do nor change frequently. Some of our data, thous represent live, are rnure than one year old. EXHIBIT 6 75C -79 :E 2015 QUALITY REPORT 2015 WATER OUAL17Y ® REPORT The following glossary will help you understand the terms and abbreviations used in the table. Abbreviations To Examine Constituents Compn < or er rents founo It, iir.tngwater. Maximum Contaminant Level (MCL) The highest e,/el of + forca nnn ony itinT o Yowled in drinl ing A.a�er. ill i rary MCIS aiP set a; Close m the PHG (or ol( LC s) as is ._conomiral I a ard tecrncoci et feaslt a Secondary NA( are se[ [o protect _he oar, taste wd meat A of (1, lnol o n do"r. Maximum Contaminant Level Goal (MCLG) The evel of a cmitat,,nant in dr ,king water below vdhicr , there is no k r ✓an or exp rr d risk to health. MCl Gs are ser by the U ErA. Maximum Residual Disinfectant Level (MRDL) The s,trc levei of a on, irecta t all reed as d: inking TIc: sco cii ,, evdra e i ha yado' un of a J,' nifecifi 1 isnnu S_,, "tort cmi rol if rnlcrobiat cotta r "its Maximum Residual Disinfectant Level Goal (MRDLG) r he v_ oft a er f, a ,zWr dls of c am oprnv nlch there i , i<nnevr 01 ind i irk to health_ IvIRDLGs r70 rot 1 fie r the l t ''.6 otrhr use of iisir fe, t'r, a tD can[ tf miff niff uk?tal I onl. ininants. 14 3� AL= ReGUlarr;ryry ACtion Leve? CFU =Cohn, �b utingUnits MFL = f1l n Fiber; Her Liter NA= l n p cable NC= riot Co.le,u11 ND = fllc t Deteued NL =?JaiSCar.oni vci NR= Nor Rc -tin NS= No Shand ]. -d NTU = taeFvrerometnc Turoidny U nits mrem /year i if ar f i ;rm (a m of.adiacion r sorb2 � r^ ho" pCi/L - p c,-,c%.rr,s per i, f ..ca i, ,l r ldrfr, [ <1 ppb =p. rr F .lion. n ;ram= rc, ter ppm° i is ll,ol in o r rtliigra:n, of I T' r pTo - par pt- A Jr an r IDC, rPr ppt =Patce =pn n,: €cants Primary Drinking Water Standard (PDWS) um ho/cm r� -int r -i serer The flCL imi NARDI s for a:;ntan ants that affea heath a <ong rMth their non Lonny, s (' -epori ing rEGlll lr 1t5. anU ate, LrPdGr err Pr) J,ffinei)fi Terms to Examine Public Health Goal (PHG) Ti:n con sin +rt ndnn it - lnlo,ry Primary Standards svh,c f, Ilc,to no, kn or ex)e. rri ri,k to health Mandatory health - related standards that may FHG are :et byt r r a,i of r,ia F n ir c r'lental P, D', 1 9-!, cause flub Djuneins rf fif rlkingwater, s;ence ((. z, /E PA) . Regulatory Action Level fm e rata ...... .)mars )10 vlilf 11 N•cry led, S�H nt "atmen ni oflIr rBChll r p11 nl .1 Aato' Treatment Technique (TT) A re t i ,race niemied tc redr „ he it el of a rnta if s n in It k ng ;A /titer_ EXHIBIT 6 75C -80 Secondary Standards AasTheilc slainrlards frfon healtfl related) i hat for ct cause ode, taste, or aGpearance prohiem , in drinking Hater. Unregulated Parameters ( format, ) anc,ft ronsfminairil, mat r, . ncolYnO d t)un arer'1l *cut rentll/ica lnfcduy terleail and state health agencies;_ Additional Parameters I' ?.forlri,aicn tica*, pia, also 'oe of i fie,e—T to C-r Cusrniner s_ 4� How to read rhos table Starting whh a pu his Iance read across. IVIQ shoNs the highest levee of substance (conf cnii[ int) allowed. MCLG Is the goal level for that sub stance (this may be lower than what Is allowed) Range tells the highest and lowest amounts rneasured. /tverage represents the measured amoantTess Is b(Ater). Typical Source of Contaminant tells tydhere [he substance usually originate l i-regulated stihsLaff es are measured, but maximum allovved contaminant levels have not been established by the government. Sa'z S IT I viii L C Q ALJ IY Eight locations in the distribution system are tested quarterly for total trlhalomethanes and haloacetic adds, Fifty locations are tested monthly for color, odor and middle, Color was not detected in 2015. <= detected but average Is less than the reporting limit; *Chemical is regulated by a secondary standard to maintain aesthetic qualities (color, otlo6 and tastel. Microbiological MCL ( MCLG n sympathy only ( MLL o� oo.ria <Irmo� ral, Typical Source Of Chemical mm Vjr...o yP No more iban 5% of the monthly samples may be pCgltve for total collform bacteria. The occurrence of 2 consecutive total collform positive samples, one of which contains fecal col Iforml colt, cons burns, an acute MCL vialabon. In 2015, 80 residences were tested for lead and copper at-the tap, Lead was not detected In any of the samples. Copper was detected in 66 samples, none of which exceeded the AL for copper. A regulatory, action level is the concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow. Hexavalent chromium was included as part of the unregulated chemicals requiring monioring, *** Total chromium Is regulated with an MCL of 50 ppb but was not deterred, based on the detection limit far purposes of reporting of 10 ppb. Total chromium was Included as part of the unregulated chemicals requiring monitoring. i0 ?S QUALITY REPQRT EXHIBIT 6 75C -81 2015 CITY OF SANTA ANA GROUNDWATER QUALITY Chemical ' MCL I PHG Average Rangeof I MCL I Most Recent I Typical Source of Chemical (MCLG) Amount Detectmns Vclatlont Sampling Date m�mrmvd 10 _ _ aaa 1JU _ za ___CA _ E rN I DR __ emarpppm a: NCO Nm RVg�lorm _rvo D rv� -oteE _nia _ w1s IUepRo Nor'srf""LL Iuortl�l 1, 2 na 030 OtE 00J_ _u lO S_,E fN 1_jl _ ___ Hexayalen_y m ybj o __ OoL_ __,a1,_,_,_ N0 2>_ ___NO ,__ 2014 __ _, E, - rN alp jlosul tl - IIDS'cl arge_ _ H aneser II�_garL__ N IRegularaa _ 102 669- No IDts R f' tl9 Nrrom r V ,1—ang1— rare(ppm if c 10 2'S ND -b2 5 p ks' Js age r al Uep -, C Nol nedAaretl ,,,. rJ_ _6.A -21 L.1ang or. nenoH and Lea5M1Sn81r8e Nllrafe+NlrrlR 1ppm as Ni 10 to 115 NU -J.12 rvo 2015 ErUSlone. Nai S"Is rn I¢ puuu Unregula[eE Chemicals Nlallnl(groral(g�a5CaL03 Noulegmmge _ _q /, 1JU _ _Lee c' ___CA _ __ IDas__ Eroson Dlrvawrol UeWSe emarpppm a: NCO Nm RVg�lorm _rvo _zoo lea -2eJ _nia _ w1s E,oa'mn oruau�amvv�n= _ apron w_ we =i na m1_ No =o __ nla zols _ Ero:mn orNawrai gnat, cauWm lPP _ N on" -I J J32 3a5,130.. nm ,_, ___?_ms ._._E rN Dfo51,__�__.____ H aneser II�_garL__ N IRegularaa _ 102 669- N_ o" t w[al UeQo51s fl Gress,_ I(PC sCaCOi) NI11 g retl _ ry_ _ 262 _,_, 110_O2J E N oral Deppsl Nol nedAaretl ,,,. rJ_ _6.A -21 _I.leynq:_m(ppJ_____ _pHfpH ullll�_ Nol llegulare0 ].9 __]J_ A1_ _ MIpRy, Hydrogen tulle _ 4c- 61"n_o!N9 -1Isr, 9oluzumrpy 1 � N B fletl_ _ nra 2 — 5 _ Sotlum�1�1 Wye Nol g 11etl M2 JOA66.5 nla �a015�E N IU pas a = average is less than the detection limit for reporting purposes "Contaminant is regulated by a secondary standard to maintain aesthetic qualities (taste, odor, color). * Hexavalent chromium was included as part of the unregulated chemicals requiring monitoring, * ** Total chromium is regulated with an MCL of 50 ppb but was not detected, based on the detection limit for purposes of reporting of 10 pion. Total chromium was included as part of the unregulated chemicals requiring monitoring. 2!135 WAFER REPORT EXHIBIT 6 75C -82 2015 WATER QUALITY-TABLE � r SOUTHERN CALIFORNIA TREATED SURFACE WATER * Hexav chromium atl aspart of spwbutwatetichemlted requiring the detects * ** Total chromium w regulated with an M f t of unregulated spin but was not de[e¢ed ng based mo it the detection limit for purposes of reporting of 10 ppb. Total chromium was included as part of the unregulatetl chemicals requiring monitoring. 21115 WATER QUALITY REPORT EXHIBIT 6 75C -83 1. Turbldlty Is a I I rt, of the I I ubk m ,: o; 0, cer. It cs mOnit rti J In our it t A rter s r b,, a� e is Soon Indl,s[rr of tI,e eiier r .. s Jf [het 1 t III n's IT, -ITS 1 OIL . Ieve of TTP� t bored ,/d °r F IF: be ie, Cha!t rr2Qrl T o) f,3 3 ITTU i / r r ?ttL I i s r, aS1r2"lene, talaBr l I IT '�. its h an l 511111 .at e% sed 1 fit 78L TF, rrnr;_ The a l igac and r -I f [utblsitr ,r n the Or, lar, St3 rids o S, r ., ,as 1 TIT 1 tl'_ T16L TIP n it "IF i,e I' T. Ifir, Ttsle requlredl irercelf: r` r/nito nv L as [I at Fit fit ,l n[s L;e n c._I ir .o Ir;n is FU /IOI., l , ar l iil r on,ndE cal ;. cit r I e r'IdR I a It 'r[�1-Irre .✓ea ,.dare Che FlJ.,rr,_I eat, li 1,1 'IF [I n1nt ��ltr ,)i 01 lVa i vl inI at 1 ti .lvrig n' _r )0r it Idn� �drl:3.l ,ecu Fly T TTr ; )(toIrri it 290/ ) Der g nber9 '007 r, =err, l it l) was In I) I! �),FCO 1, IF it i l , IsianS of Che ,_arcs u.,r datiorr wy c 'luiren ,j, 5. Special Educational Statement Regarding Nitrate: I;ilrS[2 FleK tna,ri ul T, I r t r X11 lines beG,L,' ) it n`arl0 t ,i 1lra a n t r' !. it 11, in.k ,-I_. above 10 to /I Bare I,[, . for ln,n; ✓f , r Tenth[ , Su d, r 1 1,11s in Irnklr4 M5 WATER QUALITY REPORT ter san nL uvidr d e r r q ofdl t, 1-y Mood TO rxySr , r I III ie3 uma I ^, U1a S, r-0, / t err 'd01 I 1�1 u,r the ,F I TIC -en ., PT I'll i01T,4 rn,, ,ro of q rl 1, al;ty Ft LI , b1cod C I—Orr, IT Vrn, ,11F,I r 2, 1 2 n r Tell and '_YVIFI Fj [ITT - flrrlf:c 7fc7l,t ',jT'CI CI n ^- `JOU dI I 1 ?n IF is , ,ells I I n1 1,1 2 oI .Ti I: health ,aye proviU2r. 6. Special Educational Statement Regarding Perchlorate: lerchlarat n l �n zho n r n c rere Ath ptake of odide Fir r! , id v1, 1 it and cln -edit , riT I � dus wI h,rlchc , 1-,11112 a ,e seafr r atei. Vdith layuatsa Wit elere Ii,,ui-F ho,mcr,P .at,n,PTF, to, T-ira: utel-F Purt, t Toveloplr Ir Sf the fens . a-, fn n,rl grrry l 1 d 1evPtcL rn,t 11 -I Yee in,nr C ChI 0.t, a,j Irs, III mil 1 J ^o`, -re rieedpcl tci T,,T,aI rc�ab011$Ir r Id ir, ltal f,F ,� tion. 7 E °ht IOCrLCSIt the -u 1 ./ "ISIE n isr�sted IS 1,01 _. -alcn 1 r a;?dlalol ir�aads- A. (radon ode ,aI-, rSe gas thr_, sr I iste. or In IL IT s T)ii 1 ^iG.l im tae U.S. F r I FT nbve Tj rT,ilf, th nJand In 5methrr srh ,r Isar l`c nx;r Jat.:n. Rs0on it ri uO In r lcgr ,Ig !IF Jil ',:es T , t+ ar ,an alsc n< 14, r, Indoo I- -Len rele_11ed rol,_',;,e ronleo h s andoilhcr I ;I��I[i.. It 4_LT -1 a F ,o F , rd.Qn , ill, Pre 1, C, rolon Sc ato en 2r r, t r ,,,InG th I ' dpl'SiLof dl sc .a ,,mall_ l t .on n rd TOrair. Razor n),an IT,, 1 rr ta,cti « S1,11tirt, , ,miring rrJon c Fil lec .._ Irli, r,c�Icnr. r ate ccma iir,,rxlon y ISLI Cdn e .12a5Er I I �rJfpdC -nlei. If vOU are �on, erneda [orlon i! unit :lie. te51t -,I Iry0ur lme esnrg I r,erSi d `easy. F , Poi i, hr" I f tyre -rrl yfrar. In „cur our er;nes1 ui .,fair tF,, /I.I T . ,srnp ip rc F, a a la o, -Ulen i=ar en'Ltoo 1, r tildili I ormao r ,Il Lre Califormd ai TT,,rni t 800 -7a, r,ti -f 11 eCTES, c' 1r:nRInK water Act I c_II_t 31 iO4 ) o IqP N [ ^I_ a" �uul=Ra,r Ihnll, SOO /6 /,'s&j EXHIBIT 6 75C -84 lull (But:, Santa ,aria did a greatjob conserving water!) Dry conditions in Cahrornia have eased, but the drougl l IS ,till `ar `rom over, esriedally in Southern CaIitornia,where L Nino didn't of ng many major storms, Yes, the good news is that snowpack in the Sierra Nevada Is greater than It has been in years, peaking at 8/% In March. That's `ar better than last year, when It was just 5 percent of normal. Snowpack Is Important because It provides about 70 percent of the water Callfomlans use after it melts and flows into risers and reservoirs, Even the storms that soaked Northern California Iasi March have also helped ease conditions by giving some Of (aI!tu rila s largest and most wrporiant reservoirs a boost, 1 his provides the state with more water ror the dry months ahead —but there still isn't enough to go around, which is why conservation is still important. 201 WATER OUALI FY REPORT:': EXHIBIT 6 75C -85 ri T;eun, ofzea:,taA , cinuni led nr nr Viti sthalh,ge Taking the Pledge At v tr I Ca asert atitrit e If enrni,, nnw lio n behh e l r l es acrr [Ite u5. to see ✓uho can he the Visit hr l .* .na,. a* ru _ . ro , A �s / t , °_,st .. tr .et;e" Nzayor r.<,guel t ulido rhallrnf;ed na[ionai i nre on# Ic_a«a Yol e v h ,ier, ,ezidelns to wnsei,. ,aP[ on ehat ofSanta Ana Nz ea V a a e,noho l Pill, d. easy -to J1,P ir ledge dine. ,eYl .e ra Ana t al lona10 WARS WATER REALLY .aiti = =. REPORT "I he Santa Ana community has a long history of environmental stewardship. We are proud of our award- winning water agency and conservation efforts, which have made a significant impact on our water consumption. While we have exceeded our water reduction targets mandated by the governor, we would like to challenge our community to do more. The National Mayor's Challenge for Water Conservation will actively engage Santa Ana residents and businesses to continue saving water and help build a more sustainable future for us all." — Mayor Miguel Pulido C;tie,v campeffz In var;t s popul t:an _ategom vnhtr; each Cat ory, me Sir V fiT la Ehe 1 st per1 Ori1A E' of resl0elt Nn0 take the lia,lenge wins. Pa t tic I ants In win nr g , nos e PIglDle ro v, in hunoro>of, it, ize Last year I )e challengeaevardea more ­,n 556,001 writes to nearly I,00:) r S, Ih,,rrs in G.S. c!tles. While This tornpetion Fla e2rh year In the" month at Aplil, in n e cou a .;u to tak I e F l logo now. 1 he drraivr° s sli i on a ,c all mist con',nue ro r serve ,eater, i tl al a bet'rPr inr evc than io into the iMayos's Challenge - Your n o buocn art refl<e a criffet once in [he , at isef,, At,,norow glul - I,esajI e PS Ueceyou Comi,IPrc the enlir P nlPdge, yo., ee the positive ,,par your pledyr .,ver a i[ nl a' a year as shctCn , -r, in t he example I o:11, 1 fight EXHIBIT 6 75C -86 �k, r e You Cr,flf 11c, pa ai r I ya i ,ji, I)c [P ,d a l eeci ivrino, , se!ec s. ?. You i Thell Ue acl i IL' your c S t.I l afonr ant ri iilnerni e !lcadai dia^ing for c,o prizes. Pledge today and let's help Santa Ana raise its ranking next year! I Ymer City ttalen It,,R Ming! Spread Thy, Wurd! Your positive impacts in one year: Water Saved: 57, 959 gal Dollars Saved: $981.27 Less in Landfill: 1,656 Ibs Water Bottles Not Used: 167 Hazardous Waste Avoided: 4lbs Oil Saved: 244 gal kWh Saved: 5,736lbs CO2 Saved: 13,457 Ibs (Chart shown above is only an example.) y "So- Eli, almol, , �. � ffmqm� Last year, Santa Ana's Water Resources Division launched a comprehensive campaign called "Every Drop Counts: Let's Not Waste It." The campaign was designed to educate the community about the drought, Santa Ana's Level 2 Water Shortage requirements, and ways to conserve water and help the City could reach its 12 percent target. The Campaign UnJerthis cairrpaign, we used every possible channel fu' uur outreach. We sent out bil l nserrs and yet_ l ester r r, ides. We pod online a'[N es a I Pushed 0LJ1 W, I[ kiwi i ,s!IIrougt wua u reed a. Vie created Piol up ban and flyer rr public areas and events '•ve displa.yod outdoor acis at bes she!terc and used LED blllbos ds a Tanta a a C o.'.ege ar-d S,inta Ana stadium to r n irorce cui co. ,P,iaticn mr' Jags We aiso Ilned main thoroughfares with banners, each featuring an irr�porrant water saving tip. We even �%,r ioped our c e nm, i ).ry outrn,ich',ehicIe vita the ,,,:very Drop Count'ogo and designed srmcial cam m g ,shirts onri yard sign, to pass out to residents at community events. Continued on nextpoge EXHIBIT 6 75C -87 ware. rs Precious lets slot, aste it! WATER a REPORT =k�? n +� d -, -1 2095 WATER OUALP 1c1 REPORT Srrn'iaing r oour 10 rnmsI Its venia, vc, sium ledmore than 1601, I laar.Fron aen,' fai nioCc, nl.rl.ets In I n':gl ino I hocd srsocia[ ti�rgsl o aOMOSa -a Ih - la'Ta VVal IIV ,, Slr. K JLl' star a a i 'llyd I ,ass ow S+ ri r P =;a's amned asii z na r I f of IV( a,N sI a ,e:I is -()-�cini at ai 1 oth01 pr Cl o[lonal hellI -,t,,n¢tr he Impar e of educ t c kid-, aboal r onsee,ar cn, we Ia Lin cl r e Youth st r on=est. .n, sur pr -g n tf"'mc to eadrr I ateru9P. An n I 01TIOLP'l t gin, ougt °he 5anr.a P t r 1 "ed Sdtool i,c. rE Ir= Ian[enfCr, and several nP JaI eJen's all P- c ✓ec d seuln I h e 1) s, over, C d ,. Dc and MA nP'za, YOU can Leta, niore iboe I'r r test and .winners here. e suppor Sa'ta Ana h r ses, s r era a r ngram or In ones e =..d r , rants ain d Ued tent r I d,. 'i,,e ot cha, ge. The em r III }s cer I^ned o ock;, it(, atrons ano u< t , .do( h ( tough! is s Iy available u[po , 'rq rest. and arsaIs r I_an hell, h C-- se hater by I if`.gt if el, Ia VlldrY_ Feet, urr yeas " rya e . itfferen r ank residents mot'hei 'Nailotl in(—sl-ilat tJ heatr.AAe x_eeded I target. In r S d t lLinil r ci;y, vde r''t 011i use by 17 pe ni l.I�h a•.aieness aou f,l I. tale 'Uhf drop ( o c-v,pa 1— What �a, happy I a LCir nn n N con r l r teen fos a good; du5e'. EXHIBIT 6 75C -88 z � r '�ceiebrte the imoortai re r�atcr and using It wisely, the Ory orSanta Ana launched a water conservation poster contest last fall for youth ages 5 -1 S. Using the over theme "Every Drop Count: Lets Not Waste I "the contest was designed to ra lse awareness of everyday water conservation practices through the arts and o eativiry. All Santa Ana youth were given the apoor I unity to par tld pate- During the rnonth of ilovemher, the City provided free materials and promoted the contest during special e,ents hosted by Btesnrs Museum, Discovery Cube OC and Westfielc% Ma nPlace as well as throughout Santa Ana Unified Schoci District Santa Ana reoPation centers. Sandra Pena. Vice Chair of the Art & Cultural Commission for city of Santa Ana, and Marco BaIIcza, an accomplished media amst and nu, allsr In Santa Ana, juaged more than 300 entries using four scoring criteria which included level of originality, visual and word clarity and adherence to the waier conservation theme_ Out of 350 entries. they selected 'I2 winning posters: 2 finalists and a grand prize winner In four different age Cate, mice. Ail participants received a certricar:e of camplecon, and the winners Caere invited along oai, their fa rni lies to a special recogni *.inn by the City Council, where they ✓`sere awarded prizes rangi ng I, on aft certlfcaos and IN intendo 3D5 to Pads. Be sure to look out for this year's contest in October, so you can encourage your children to participate and let their creativity shi 0 St a ;.az:.. d0 p EMY <;. DRR COMM EXHIBIT 6 75C -89 PO b WATER REPORT .ta' 2015 WATER I' REPORT EJeda IeJ Sf r 1 g , is o :�i P ,:sv t T) 11 [o .ii n_ 11 is an acr Ica Iri it f n a i i (I la i C011l rir>I 10t I WhB '11i1�E5 to I<e i Ii e, i r i lc v-,r r ously. TL, 1) 1 d . 1'T at, and rate ell ciT„ at,i aln ry f. r appearancr - a r„li, [asteand aYta_r St �,y 65, It 9 1, 11 le_ITT, yrllI I I I I ,[y, for Il)(" E'") s l r, vv,,, EiIitued II, o[P w C,i forr=ia ;r i— n the Be, roar al r a e, thl, /cO v,111- alleson r np; Warr .,L icl arc Dr�rit HOt et ngii a lli ny r hind i. . F I the past fi, yeTlis Ai,a has yr UnP'.l to Z: SNP -);It! ]ICJ ,e I,1'. ?the r't a;n>fc rrlOh on T tist a id e ru . at vm er 'ra It ill tln tip t it" J l ,nlJ.o shatc.Ih s m :i €y h 'Tii .i ll may lien � w 1 d W ui � ranop, .rO�:•nd —Tl ,u [('f irm n .)r eve Irl, ,. Ili. rldlC 1[ lot ± nUS, Jr r uif d al d our COn I r r I, c ut.` r, r..'vt ^.Ue- r\„i SanLa yin, I elldoli i. , u _a . TI a gun d 1 ha' " -ur bvatentot ol`l) ey,CP is HIE ci;,,,< n ,"11 "1111 to i da: ds r In l el by b Hl Talc and ed "`JFS, u , aiTwne e tie I, lasnnS wtircr cn iap' EXHIBIT 6 75C -90 v'ore than 15 years ago, Santa Ana introduced its FOG program to reduce the ^umber of blockages in the ciiy_ sewer Ortes and sewage overrlav,s on to our Streets. Rata to age teat overfly s on to our street, often makes t yay'rneo ou r stornw -ter drains and vsite rways, aQI"a ir; our city wad ocean. It hat is the m s r c Jn?pton L i aria tot U Or Ed Sewets, rats, of is and grease or -)(L.,. Since launch!: g the FOG orogram t I i r C iD/ has reduced ,he lu ioe f ptholif sewr splllsdra n nrnl NcWv, le =s f()G s ee;ilg or ured intr Put drams, 1)1,11)« o ail the era 'ants nr 1Nhere ro our pro12 yeidelines and n. 8 U E E o z a - -Total spills -- splib /IDO m I to a oenl, nvho are aware of its potential tirealth and envirO,'imenial ha: ai ds. So the next t meyoj think about pouring the e;cess grease from your frying pan dour the drain riink again Do yourself a favor by following a few simple tips. Doing so will save you an emergency call to the plumber and halo protect our natu; al resources. Pat guidelines and tips, read Keeping Fit Eliminate rats, Of & Grease! and Keep It Flowi ag, Number of Public Sewer Spills EXHIBIT 6 75C -91 WATER WATER QUALITY a { REPORTai? °?Ii - 0`6�j -2- \200!8 /2009 1999 2000 2001 2002 2003200.4 20- 02!1 0-0.2. 2010 2011 2012 2013 2014 2015 2016 2 2 1 12 6 5 6 6 3 8 2 11 8 5 1 D_ :181.8 0.3 _3.2 1 16113 1 1.6 1 1.1 1 1.6 1 0.8 2.1 1.8 29 2.1 13 63--T, 6 0 EXHIBIT 6 75C -91 WATER WATER QUALITY a { REPORTai? °?Ii What is DigAlert? DIgAler r is a one -call nonriicadon center and communications link between the person who is digging and the owners of underground utilities. You can use DigAlert Express or call 8 i 1 at least two (2) full working days before. you plan to start digging- DigAlert then notifies the utilities companies in your area, who come out to mark Me lines they own and maintain If you've hired a contractor for your project, the contractor Is responsible for notifying DigAlert. But it would be prudent, as a homeowner, to follow up with DigAlert and mane sure. You can ce held liable if your contractor is negligent. In carrying DigAlert and causes damage to any buried oblines. According to law, anyone who fails to notify Dlgalei t negligently and willfully are subject to fines of up to 550,000 So when do you call DigAlert? The short avower Is "any rme you are digging," And just in case you forget, some of Santa Ana's service vehicles are wrapped with special DgAlert slgnage as a reminder. `l, iI Proposed Excavation rlrrr nod Water • • you • LM How many gallons of water can you save? Here are the easiest and most effective ways to lower your water use. A11110111111k A, Shorten your Wash only Fix leaky shower by full loads toiletsand 5 minutes. _ of laundry. M faucets. 2srl r K [Wm p l l Soli p_nT Oaf ih.lsead on c {I Jn.'ll Ian of caplGa) Adjust your Install Ue a sprinkler • smart bpom . system for . sprinkleIles hose of leaksand honer. cose to oyerspny. an the veway. WASTE fpvieee�t M1re '.W ( gym. e.nrry ..1 Wera �1 EXHIBIT 6 75C -93 M_ '20 ii WATER t f QUALITY Wr: REPORT t c t i r: How much Device , Elam money can q. High Efficiency Cfodies Washer (quantlry'I) 885 -00 Device 1 $85 you save with Vremlum High Effldel Toilets(quantity 1 -9) 540 -00 Device 3 $120 rebates? Ram Barrel (quantity 1 -4) 575.00 Device 2 $950 aJ a ige of `be Cistern (quantlty 9) 8300.00 Device N/A 6300 'chnles a ) / r :o Santa Rotating Nozzles (min 30) $2.00 Device 30 $60 Ai d r es, 1Jen 1 u e,I ['at only be. a( 1 'fn clo, Weather Based Iregation Controllers (<l acre) (quantity 1 -2) $12000 Device 1 $120 inyourWa °rinl not Weather Based lrngation Controllers(>l acres)(quanfty 1 -100) $50,00 Station N/A $50 an Sage i-miney fir r,ch eft lercy p(i )cnsdnd Se7lMolsture Sensor(<i acre)(quandly 1 -2) $80.00 Device N/A $80 ru "'IcPStao. Soil Moisture Sensor5ystem( >l acres) (quantity l -160) $35.00 Station N/A $35 + „ � Total Estimated Rebate $535 Available Rebates to Santa Ana Residents High- Efficiency Clothes Washers ,tn r s s er e,t lc I Y vv-)._r than sr r)id .nth s A'1 IPr G. Il "v,1 , 'i '� .,v 4v le,, nF gy le0clod for / $ h r lno Irn r u. 1 11011 r rt r a ._./ 10,C) Reb Ite -,,, , at {B9 �.A. �f ' pc v asne, ) s eFs Apply for rely) r ' Llp l dr e s r r1i i ap d- 2eaDGAQs -i ,�oc,I,iI c, r.nai cur p f - e it S ?0 21)95 WATER REALTY PORT Premium High - Efficiency Toilets,) 'e') ,um i cn IfICIer:cy 10, a t, aye r on r ent les v Q� aster cinc Ilu<n ,ne 5alr, ' as if nor mo, / Fc G,)ely, hat. es stand $E1 per to l ) 9r. r'Lp 7 for rr l sie 11 ,,pi ,mist r, r, r, S Id- ; i EXHIBIT 6 75C -94 Rotating Sprinkler Nozzles MUIL-trajectory, rotating streams apply vaarer more s!cv lyand uoiformlgto your landscape, encouraging healthy plant growth. Rebates star;: at $2 oer node. Apply for rebate: hr_p /,st al a;ercman / F- .ce_d -?9'S Read FAQs http: / /socdNnatersm art. com/? )agPjd =3275 Weather Based Irrigation Controller Allows r 'G. more accur te, custom zed irrigator oy automaticatiy ad i,,mriF, ihi, schedu � and amounto *water in response to, hanging we..athe.- Forinfions . rhaeeseart a- $?0Dr$3 per icrir,trilpr . Apply for rebate: http: //S .Cdh ^;aieismart(crn / ?pa. ;e !d -7979 Soil Moisture Sensor System A od Irtoi9tufe Sensor m eaSU re soil rf`-o, sw re content in the active i our zone on your propen:y- Bebaws wart at $80 or $35 per system. Apply for rebate: her. / /s��a ^rarer: r �rtrom/ {.- _Id =;275 Rain Barrels Colleting and re- usingr im,)ter froir! ens and gardens min[rrizes the amount of [eater i4ovding into you r storm d /aiis, sewer systems and local waterways Renares star, at $75 per ba t,' Apply for rebate: hitp / /socalwacersman. 0mRpaEe_id —'973 Download tip sheet: 'ITLP smar_com/n -e evRDFSI hs a:nbarrC, pdf EXHIBIT 6 75C -95 205 WATER _.'.' REPORT Building Inspection Request Line Public Works Water Quality & Conservation 7 =4 i'7 z71& i.-i I '! 1 = '733[1, 71q$41 _i50 City Manager Water Service & Main Location T r 647 7200 Sanitation 14593 01 Fire Department Refuse %Oil @CYIOn 7? 4i 57ibOtID Shopping in Cart Removal g New [rash Cart /Order Dumpster (ca e r net;r r r -si ".4,67 -278n 7'..4 `: 8 7', Mayor and City Council Street Lights 714::4/ -b900 714{47- 3.`,u5 Recycle Used Car Oil & Filter LiiSZI Pb.' Parks & Recreation Street Sweeping 8;i -1000 714 - 64/3 -00 Traffic and Transportation Signal Repairs r r, i eca aaaysj Planning& Building, Planning Division Trees 7 (13,_0 m =c[aiPa , i olc Piev v, u' 7 r+1E473330 & Nnw Deve01) tent) 714E17 -2700 Weed Abatement Signal Repairs P.S. -e> > .C, 330c 1 wn iv i;7 Police Department 7148.'I ,. ! 36r S:c7P f ^:a.gerc r ^si Water Resources Sewer /Storm Drain Maintenance Street Work Permits Public Library /,Atnr 33811 ;1q,;. /.!I Water Administration Traffic Operations Public Works Emergency Repairs VI 6 1/ 3j)O I,�R2r'i11ca 14x71'= Water & Sewer Permits Other Helpful Numbers 7141,47 -soar Public Works Information Bus Information �1 4 i,47 SbJO Water Customer Service and Billing I I 1 6 , i u33 714- fe17 - > -VA Maintenance Service Noise Complaints Curb & Sidewalks Water Engineering l +:1 o 1'I d n -. 1 „/iFr) '1d(.1/ -;320 Overcrowding Graffiti Removal Water Maintenance &Construction Graffiti Task Force Water Production .Poison Center 71 1 u 3: t 1e „0 7.4 �17 3382 800- 8 /6 4756 EXHIBIT 6 75C -96 "Water sustains life, enriches health and I ®• ' ��o ®' enables commerce. We treat it as a service to the community, notjust angl unlimited commodity." Questions About Your Water Quality Report? A copy of the complete assessment is available at the Water Resources Division office You can request a summary of the assessment be sent to you by contacting us at 714- 647 -3320, If you have questions about your water quality, contact: City of Santa Ana, Water Resources Division Nabil Saba P.E., Water Resources Manager Cosa, tiwiora P.E., Principal Civil Engineer Thomas Dix Water Quality Coordinator 220 South Daisy Avenue, Bldg A Santa Ana, California 92703 phone: 714- 647 -3320 1 fax: 714- 647 -3345 web: santaanaccr.com F.,re onrime woo enemrormacdn muym porzents sob su agus potab.s. radiIo o [)able on aly+Van cuts to aml end a ben .Is nisi ne, ma' Veen ti x;. nna Done aicn mo nn9, oennma,wtsh, tsr,m no Ino, .os seem<aeb,., 1, pV dal heu, r5h1b txhaiI nv5, Io, Vr, Biam nrne le, so neeg use mtaub n,n, rrvvs AM4XI''s"R+kt&'4.PI 41M ORAN11&..45e d"L A1410 49KPIW E. Mah ,gaabg ,brmi,,rr,.or, Mar,oring poe n no IW1/ 75C -98 REQUEST FOR COUNCIL/ HOUSING AUTHORITY ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: JOINT PUBLIC HEARING - AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS FOR 1126 -1146 E. WASHINGTON AVE [NON- GENERAL FUND] {STRATEGIC PLAN NO. 6, 1C, 1E, 1G} r �L CITY MANAGER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION TiiM,pitll' CLERK OF COUNCIL USE ONLY: © As Recommended ❑ As Amended GI Ordinance on 1 at Reading L1 Ordinance on 2❑d Reading Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution making certain findings with respect to the consideration to be received by the Housing Authority as the Housing Successor Agency pursuant to a Purchase and Sale Agreement between the Housing Authority and the City of Santa Ana for the sale of property located at: 1126 -1146 East Washington Avenue (APN 398 - 092 -14), and authorize the City Manager to execute all required documents. 2. Authorize the City Manager and Clerk of the Council to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property, by and between the Housing Authority of the City of Santa Ana and the City of Santa Ana, located at 1126- 1146 East Washington Avenue (APN 398 - 092 -14) in the amount of $3,490,000, plus closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney. Approve an appropriation adjustment to recognize prior year fund balance of $3,490,000 into the Public Works Water Revenue Prior Year Carry Forward Revenue account and appropriate the same amount into the Water Systems Maintenance Expense account. HOUSING AUTHORITY ACTION Adopt a resolution making certain findings with respect to the consideration to be received by the Housing Authority as the Housing Successor Agency pursuant to a Purchase and Sale Agreement between the Housing Authority and the City of Santa Ana for the sale of property located at 1126 -1146 East Washington Avenue (APN 398 - 092 -014), and authorize the Executive Director to execute all required documents as necessary. 80A -1 Joint Public Hearing —Agreement and Escrow Instructions for Acquisition of Real Property at 1126 -1146 E. Washington Avenue July 5, 2016 Page 2 2. Authorize the Executive Director and Recording Secretary to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property, by and between the Housing Authority of the City of Santa and the City of Santa Ana, located at 1126 -1146 East Washington Avenue (APN 398 - 092 -14) in the amount of $3,490,000 plus closing costs and escrow fees, subject to nonsubstantive changes approved by the Executive Director and Authority General Counsel. DISCUSSION The City's Water Resources Division (Division) provides water and sewer services to over 43,000 ratepayers. This effort involves substantial maintenance and construction activity, and requires approximately 40,000 acre -feet (AF) of potable water annually. The Division needs land to construct a new groundwater well and related facilities to augment capacity and replace aging wells that no longer produce high - quality water efficiently. By constructing a new well, the Division can keep water commodity costs low and stable, improve water pressure and system performance, and enable greater energy efficiency. In addition, the Division is seeking a staging location for construction and maintenance activities to accelerate project delivery and achieve greater efficiency of operations. This location is well suited for the envisioned use because of its placement relative to the water system's hydraulics; it is located in the high end of the main pressure zone in an area which experiences some of the lowest water system pressures in Santa Ana (Exhibit 1). Additionally, this site is in an industrial area, adjacent to the Interstate 5 freeway, has limited accessibility, and will likely experience significant impacts from a future grade separation project at Santa Ana Boulevard, making it an unlikely area for other types of development. Moreover, its proximity to the freeway and major arterials facilitates receiving deliveries, and dispatching personnel, equipment, and materials easily throughout the city. The proposed site is also near an elevated water tank, high capacity main infrastructure, and storm drain facilities. Groundwater wells produce between 70 -75 percent of the City's water supply from local resources. The balance of the water demand is met by purchasing imported water from the Metropolitan Water District (MWD). The cost to produce water locally from groundwater wells is approximately $380 per acre -foot, or about 40 percent of the cost to purchase imported water from MWD at approximately $930 per acre -foot. Having an adequate and redundant well field will ensure a sufficient water supply for a growing community at the lowest cost to the ratepayers. Besides the cost benefits, an additional groundwater well at this site will provide service benefits by supplementing pressure in a historically low- pressure area at the northern (top) end of the distribution zone (includes Station District Development). Pumping water down the slope is more efficient than pumping it up, resulting in less pressure loss from friction and requiring less energy 80A -2 Joint Public Hearing — Agreement and Escrow Instructions for Acquisition of Real Property at 1126 -1146 E. Washington Avenue July 5, 2016 Page 3 and monitoring to maintain ideal pressure throughout the system while delivering adequate supply. This location is currently vacant and bare, which is a great opportunity to establish a routine and persistent City presence with new facilities and other perimeter improvements (such as block walls and landscaping), that will improve its aesthetic appearance and physical security. There is also potential for mitigating landscape improvements both on- and off -site, such as dry creek beds, pedestrian walkways, and drought tolerant landscape to enhance the environmental aspects of the area. The property (APN 398 - 092 -14) was transferred to the Santa Ana Housing Authority, acting as the Housing Successor Agency, upon dissolution of the former Community Redevelopment Agency in 2012. Because the property is owned by the Housing Authority, it must be purchased at the appraised value with minimal transaction costs, unlike other privately owned parcels. The cash proceeds from the sale are to be used use solely for affordable housing development through a mutually beneficial transaction for ratepayers and residents alike. Approving this item will allow for the acquisition of this property by the City's Water Enterprise for use in constructing water wells and related infrastructure in support of experienced and planned growth in the Downtown and Station District areas (Exhibit 2). ENVIRONMENTAL COMPLIANCE There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard); Strategy E (prepare a Community Investment Program as part of the citywide budget process that identifies new or expanded capital needs and their funding strategies); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). FISCAL IMPACT The Appropriation Adjustment will recognize prior year fund balance of $3,490,000 into the Public Works Water Revenue Prior Year Carry Forward revenue account (Account No. 06017002- 50001) and appropriate the same amount into the Water Systems Maintenance expense account (Account No. 06017641- 66100). These funds will be used by the City's Water Enterprise to • I . Joint Public Hearing —Agreement and Escrow Instructions for Acquisition of Real Property at 1126 -1146 E. Washington Avenue July 5, 2016 Page 4 purchase the property at 1126 -1146 East Washington Av 2016 -17. Proceeds from the sale will be received into the (Account No. 60718002 - 57071). All proceeds will be development. Executive Director Public Works Agency Robert C. Corte-7/ , Special Assistan ° FC6 City Manager Housing Authority of the City of Santa Ana FM /NS /RR Exhibits: 1. Property Map ;nue (APN 398 - 092 -14) in Fiscal Year Housing Authority's Sale of Land Fund used solely for affordable housing APPROVED AS TO FUNDS AND ACCOUNTS: ,kK\Z\ -,,N e I � Tk\ t) . A�� jjj,�q Francisco Gutierrez Executive Director Finance and Management Services Agency 2. Purchase and Sale Agreement and Joint Escrow Instructions 3. Resolution of the City Council 4. Resolution of the Housing Authority FORM J WASHINGTON AVE J� RSRE STREET 1024 1022 022 020 016 1037 1029 1021 W WASHINGTON PLACE APN 9398- 092 -13 1 BOULEVARD LEGEND: = :SUBJECT PROPERTY SANTA ANA CITY COUNCIL PWA AGENDA DATE: 07/05/16 PUBLIC WORKS AGENCY EXHIBIT 1 JOINT PUBLIC HEARING - AGREEMENT FOR ACOUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS FOR 1126 -1146 E. WASHINGTON AVE [NON - GENERAL FUND] [STRATEGIC PLAN NO. 6,1C,E,G] �oollhw, I 1045 1102 rn J� RSRE STREET 1024 1022 022 020 016 1037 1029 1021 W WASHINGTON PLACE APN 9398- 092 -13 1 BOULEVARD LEGEND: = :SUBJECT PROPERTY SANTA ANA CITY COUNCIL PWA AGENDA DATE: 07/05/16 PUBLIC WORKS AGENCY EXHIBIT 1 JOINT PUBLIC HEARING - AGREEMENT FOR ACOUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS FOR 1126 -1146 E. WASHINGTON AVE [NON - GENERAL FUND] [STRATEGIC PLAN NO. 6,1C,E,G] �oollhw, I FORM FO., FARE SELLER: Housing Authority of the City of Santa Ana BUYER: City of Santa Ana DATED: July S, 2016 (1126 -:1146 E. Washington Avenue, Santa Ana, CA) Exhibit 2 80A -7 BASIC TERMS Buyer: City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California Buyer's Address: City of Santa Ana Attention: Cleric of the Council 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax: (714) 647 -6956 Closing Date (or Closing) Estimated to occur by August 31, 2016, but not later than the Outside Date Contingency Date: Thirty (30) days after the Effective Date Deed: A grant deed in the form of Exhibit B hereto. Effective Date: The later of the respective dates that the Seller and the Buyer approve this Agreement Outside Date: October 30, 2016 Purchase Price: Three Million Four Hundred Ninety Thousand Dollars ($3,490,000.00). Real Property: That property described in Exhibit A hereto; the subject property 1126 -1146 E. Washington Avenue, consisting of approximately 1.46 acres, APN 398 - 092 -14. Setter: Housing Authority of the City of Santa Ana Seller's Address: 20 Civic Center Plaza (M -26) Santa Ana, California 92701 Attention: Executive Director Fax: (714) 647-2225 Title Company: First American Title Insurance Company 5 First American Way Santa Ana, CA 92707 Tel: (714) _ Attention: (direct: (714) _ -_; email: @firstam.com) (or another title insurer mutually acceptable to Buyer and Seller) Escrow Holder: See sections 3(a) and 3(b) hereof. .1 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE, AGREEMENT AND JOINT ESCROW INSTRUCTIONS ( "Agreement ") is made and entered into as of the Effective Date by and between Seller and Buyer. RECITALS A. Seller is the fee owner of that real property which is legally described on Exhibit A attached hereto and made a part hereof (the "Real Property"). The Real Property is unimproved. B. Seller has offered to sell to Buyer the Real Property described herein for the price and subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy from Seller the Real Property, as more specifically described below. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: I. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and Buyer hereby agrees to purchase the Real Property from Seller, on the terns and conditions set forth in this Agreement. The term Real Property is defined collectively as the following: (a) The fee interest in the Real Property to be conveyed by the Deed (defined in Section S(a) below); (b) All rights, privileges, easements, licenses and interests appurtenant to the Real Property. Such rights shall be deemed to include, without limitation, all royalties, minerals, oil and gas rights and profits, water and water rights (whether or not appurtenant) owned by Seller; and (c) All personal property, equipment, supplies, and fixtures owned by Seller and located at the Real Property; and (d) All of Seller's interest under contracts, leases, and other agreements associated with the Real Property; subject to a power of termination as set forth in the Deed. 2. Payment of Consideration. As consideration for the sate of the Real Property from Seller to Buyer, Buyer shall, at the Closing (as defined below); pay to Seller the Purchase Price for the Real Property. 3. Escrow and Deposit. (a) Opening of Escrow. For the purposes of this Agreement, the escrow ( "Escrow ") shall be deemed opened ("Opening of Escrow ") on the date that Escrow Holder receives a copy of this Agreement fully executed by Buyer and Seller. If an escrow holder is used, the escrow holder shall be First American Title Company (Santa Ana office) or another escrow holder mutually acceptable to Buyer and Seller. Buyer and Seller shall use their best efforts to cause the .IM Opening of Escrow to occur on or before five (5) business clays after the Effective Date, Escrow Holder shall promptly notify Buyer and Setter in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terns of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer. (b) Closing without use of Escrow. At the election of Seller, the parties will effect the conveyance of the Property and payment of the Purchase Price without use of an escrow holder provided that: (i) Seller confirms to Buyer that Seller agrees that the Deed may be recorded among the official records of the County Recorder of the County of Orange after Buyer confirms to Seller that Buyer holds moneys equal to the Purchase Price and will transfer such moneys to City within one (1) business day after the Deed is recorded, and (ii) Seller confirms to Buyer that the Title Company has cormmitted to issue the "Buyer's Title Policy" (as described in Section 6 hereof) in a form and subject only to exceptions that are acceptable to Buyer. (e) Closing. For proposes of this Agreement, the "Closing" or "Closing Date" shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing shall occur on the Closing Date, or as soon thereafter as the conditions precedent to closing are satisfied pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason, occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by delivering written notice to the other at any time after the outside Closing Date; provided, however, that if either party is in default under this Agreement at the time of such termination, then such termination shall not affect the rights and remedies of the non - defaulting party against the defaulting party. 4. Seller's Delivery of Real Property and Formation Documents. Within ten (10) days after the Effective Date, Seller shalt deliver to Buyer the following items (collectively, the Property Documents "): (a) Copies of tax bills. (b) Stich proof of Sellers' authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company consistent with the terms of this Agreement. 5. Buyer's Right of Entry. From and after the Effective Date through the earlier to occur of the termination of this Agreement or the Closing, Buyer and Buyer's employees, agents, consultants and contractors shall have the right to enter upon the Real Property during normal business hours, provided reasonable prior notice has been given to Seller. (a) Investigation of the Real Property. In addition to the foregoing, the Buyer shall have the right, at its sole cost and expense, prior to the Contingency Date, to engage its own environmental consultant (the "Envirommentat Consultant ") to make such investigations as Buyer 2 1m1 deems necessary or appropriate, including any "Phase I" or "Phase 2 " investigations of the Real Property. It; based upon such evaluation, inspections, tests or investigation, Buyer determines that it, in its discretion, does not wish to proceed with purchase of the Real Property based upon the condition of the Real Property, Buyer may cancel this Agreement by giving written notice of termination to Seller on or before the Contingency Date which specifically references this Section 5. If Buyer does not cancel this Agreement by the time allowed under this Section 5, Buyer shall be deemed to have approved the evaluation, inspections and tests as provided herein and to have elected to proceed with this transaction on the terms and conditions of this Agreement. Buyer shall be provided a copy of all reports and test results provided by Buyer's Environmental Consultant promptly after receipt by the Buyer of any such reports and test results. Buyer shall bear all costs, if any, associated with restoring the Real Property to the condition prior to its testing by or on behalf of Buyer if requested to so do by Seller. (b) No Warranties as To the Real Property. The physical condition and possession of the Real Property, is and shall be delivered from Seller to Buyer in an "as is" condition, with no warranty expressed or implied by Seller, including without limitation, the presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Real Property for development purposes. (c) Buyer Precautions after Closing. Upon and after the Closing, Buyer shall take all necessary precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Real Property. Such precautions shall include compliance with all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the state, the County, the City, or any other political subdivision in which the Real Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the Real Property ( "Governmental Requirements ") with respect to "Hazardous Materials ", as defined below. "Hazardous Materials" means any substance, material, or waste which is or becomes regulated by any local governmental authority, the County, the State of California, regional governmental authority, or the United States Government, including, but not limited to, any material . or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpen ter - Presley - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance, " or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article I l of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined ass "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as "hazardous substances " pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §6901 et seq. 80A -11 6. Buyer's Conditions Precedent and Termination Right. (a) Conditions Precedent. The Closing and Buyer's obligation to consummate the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (collectively, "Buyer's Contingencies "), which are for Buyer's benefit only. G) Title Review. Within ten (10) calendar days after the Date of Agreement, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the "Report ") describing the title to the Real Property, together with copies of the plotted easements and the exceptions (the "Exceptions') set forth in the Report; provided that the cost of the Report shall be borne by Seller. Seller acknowledges that the Report shall include an endorsement against the effect of any mechanics' liens; Seller will provide such indemnity or other assurances as necessary to induce the Title Company to provide such endorsement. On or before the Contingency Date, Buyer shall have approved in writing, in Buyer's sole discretion, any matters of title disclosed by the following (collectively, the "Title Documents "): (i) the Report; (ii) the Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires to obtain at Buyer's sole cost and expense. Buyer shall have the same rights to approve or disapprove any exceptions to title that are not created by Buyer and that come into existence after issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds of trust, mortgages and delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent). (ii) Buyer's Title Policy. On or before the Closing, the Title Company shall, upon payment (by Buyer) of the Title Company's premium, have agreed to issue to Buyer, a CLTA owner's policy of title insurance (`Buyer's Title Policy ") in the amount of the Purchase Price showing fee title to the Real Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to Buyer's Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer; and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its sole cost and expense, to obtain coverage beyond that offered by a CLTA policy; provided, however, that Buyer's ability to obtain such extended coverage shall not be a Buyer's Contingency and Buyer's obligations hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage. Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by the Title Company for such extended coverage. (iii) Physical and Legal Inspections and Studies. On or before the Contingency Date, Buyer shall have approved in writing, in Buyer's sole and absolute discretion, the results of any physical and legal (but not feasibility or economic) inspections, investigations, tests and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies; environmental investigation or other invasive or subsurface testing; and any other physical or legal inspections and /or investigations as Buyer may elect to make or obtain. (iv) Natural Hazard Report. Seller shall provide to Buyer or shall cause the Escrow Holder to provide to Buyer prior to the Contingency Date the Natural Hazard Report described at Section 8(a)(iii) of this Agreement; provided that Buyer shall bear the cost to prepare such Natural Hazard Report. 4 80A -12 (v) Property and Formation. Documents. On or before the Contingency Date, Buyer shall have approved in writing, in Buyer's reasonable discretion, the terms, conditions and status of all of the Property Documents. (vi) Delivery of Documents. Seller's delivery of all documents described in Section 8, below. (vii) Representations and Warranties. All representations and warranties of Seller contained in this Agreement shall be materially true and correct as of the date made and as of the Closing. (viii,) Title Company Confirmation. The Title Company shall have confirmed that it is prepared to issue the Buyer's Title Policy consistent with the provisions of this Agreement. (ix) No Default. As of the Closing, Setter shall not be in default in the performance of any material covenant or agreement to be performed by Seller under this Agreement. (b) Termination Right. Should any of Buyer's Contingencies not be met by the Outside Date, and Buyer so informs Setter, Buyer may, by written notice to Seller, terminate this Agreement. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. If Buyer has neither terminated this Agreement in writing ( "Termination Notice ") on or before 5:00 p.m. on the Contingency Date as to the items set forth in Sections 6(a)(i) -(vi) inclusive, nor provided a written satisfaction or waiver notice to Seller of each Buyer's Contingency to be satisfied as of the Contingency Date, then all such Buyer's Contingencies shall be deemed to have been satisfied and this Agreement shall continue pursuant to its terns. If Buyer has not delivered a Termination Notice as the items set forth in Sections 6(a)(vii)- (viii) inclusive, prior to the Closing, such Buyer's Contingencies shall be deemed to have been satisfied. (c) Seller's Cure Right. Buyer shall notify Seller, in Buyer's Termination Notice, of Buyer's disapproval or conditional approval of any Title Documents. Seller shall then have the right, but not the obligation, to (i) remove from title any disapproved or conditionally approved Exception(s) (or cure such other title matters that are the basis of Buyer's disapproval or conditional approval of the Title Documents) within five (5) business days after Seller's receipt of Buyer's Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the applicable period, to remove such Exception at or before the Closing. Seller's failure to remove such Exception after committing to do so shall be a default hereunder. An Exception shall be deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue the Buyer's Title Policy, as defined herein, at the Closing deleting such Exception or providing an endorsement (at Seller's expense) reasonably satisfactory to Buyer concerning such Exception. If Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure other matters) within such live (5) business day period, Buyer shall have three (3) business days after the expiration of such five (5) business day period to give Seller written notice that Buyer elects to proceed with the purchase of the Real Property subject to the disapproved Title FOODYMW Document(s), it being understood that Buyer shall have no further recourse against Seller for such disapproved Title Exception(s). 7. Seller's Conditions Precedent and Termination Right. The Closing and Seller's obligations with respect to the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following condition precedent ( "Seller's Contingencies "), which are for Seller's benefit only: (a) Completion of Title Review. Seller shall have received written confirmation from Buyer that Buyer has completed its review of title and that the condition of title is satisfactory. (b) Confirmation Concerning Site. Seller shall have received written confirmation from Buyer that Buyer has reviewed the condition of the Real Property, including without limitation concerning Hazardous Materials, zoning and suitability, and approves the condition of the Real Property. (c) Confirmation Regarding Buyer's Title Policy. Seller shall have received written confirmation from Buyer that Buyer has approved a pro forma title policy. (d) Delivery of Documents. Buyer's delivery of all documents described in Section 9, below. Should any of Buyer's Contingencies not be met by the Outside Date and Buyer has so informed Seller, Seller may, by written notice to Buyer, terminate this Agreement. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer. 8. Seller's Deliveries to Escrow Holder. (a) Seller's Delivered Documents. At least one (1) business day prior to the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following items, duly executed and, where appropriate, acknowledged ( "Seller's Delivered Items "): (i) Deed. The Grant Deed in the form attached hereto as Exhibit B (the "Deed ") (ii) FIRPTA /Tax Exemption Forms. The Transferor's Certification of Non - Foreign Status in the form attached hereto as Exhibit C (the " FIRPTA Certificate"), together with any necessary tax withholding forms, and a duly executed California Form 593 -C, as applicable (the "California Exemption Certificate "). (iii) Hazard Disclosure Report. Seller shall obtain and deliver to Buyer or shall cause Escrow Holder to obtain and deliver to Buyer, at Seller's cost, a Natural Hazard Report as provided for under Sections 1102 and 1 t03 of the California Civil Code (the "Natural Hazard Report") on or before the Contingency Date. (iv) Possession of Real Propert y. Possession of the Real Property free of any tenancies or occupancy. • ' 1 I .� (v) Authority. Such proof of Seller's authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company. (vi) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company. (b) Failure to Deliver. Should any of Seller's Delivered Items not be timely delivered to Escrow or to Buyer, Buyer may, by written notice to Seller, terminate this Agreement; provided, however, that Buyer may (but shall not be obligated to) in such notice provide Seller with five (5) business days to deliver all of Seller's Delivered Items. If Buyer's notice provides Seller such five (5) business days to deliver Seller's Delivered Items, and if Seller's Delivered Items are not delivered within such period, then this Agreement shall automatically terminate without further action or notice. In the event of any such termination, any cash deposited by Buyer shall immediately be returned to Buyer. Under no circumstances shall Buyer have any responsibility to or duty to pay consultants or real estate brokers retained by Seller, Seller being solely responsible in connection with any such contractual arrangements of Seller. 9. Buyer's Deliveries to Escrow. At least one (1) business day prior to the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly executed and acknowledged by Buyer, as appropriate (`Buyer's Delivered Items "): (a) Purchase Price. The Purchase Price, together with additional funds necessary to pay Buyer's closing costs set forth in Section 10(b) herein. (b) Change of Ownership Report. One (1) original Preliminary Change of Ownership Report. (c) Final Escrow Instructions. Buyer's final written escrow instructions to close escrow in accordance with the terms of this Agreement. (d) AqthgAjy. Such proof of Buyer's authority and authorization to enter into this Agreement and to consummate the transaction contemplated hereby as may be reasonably requested by Seller or the Title Company. (e) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company. 10. Costs and Expenses. (a) Seller's Costs. If the transaction contemplated by this Agreement is consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges associated with the removal of encumbrances; (ii) Seller's share of prorations; and (iii) costs, if any, allocable to Seller under this Agreement and costs for such services as Seller may additionally request that Escrow perform on its behalf (which foregoing items collectively constitute "Seller's Costs and Debited Amounts "). (b) Buyers Costs. If the transaction contemplated by this Agreement is consummated, then Buyer shall bear the following costs and expenses: (i) the Escrow Holder's 'fee; (ii) Buyer's share of prorations, (iii) the premium for an owner's policy of title insurance which, at the election of Buyer, will be an ALTA owner's extended coverage policy of title insurance and the cost for any survey required in connection with the delivery of an ALTA owner's extended coverage policy of title insurance; (iv) documentary recording fees, if any; (v) documentary transfer tax, if any; (vi) costs, if any, for such services as Buyer may additionally request that Escrow perform on its behalf; and (vii) any costs associated with Buyer borrowing money in order to pay to Setter the Purchase Price (collectively, "Buyer's Costs and Debited Amounts "). If the election to close without use of escrow is trade pursuant to Section 3(b) hereof, Buyer and Seller shall make the prorations described in this subsection (b). (c) Generally. Each party shall bear the costs of its own attorneys, consultants, and real estate brokers in connection with the negotiation and preparation of this Agreement and the consummation of the transaction contemplated hereby. Buyer represents to Seller that Buyer has not engaged the services of any consultants, finders or real estate brokers in connection with the purchase of the Real Property from the Seller. Seller represents to Buyer that Seller has not engaged the services of any consultants, finders or real estate brokers in connection with the sate of the Real Property to the Buyer. 11. Prorations: Withholding. (a) Alt revenues (if any) and expenses retating to the Real Property (including, but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes shall be satisfied at the expense of Seller. Not less than five (5) business days prior to the Closing, Seller shall deliver to Buyer a tentative schedule of prorations for Buyer's approval (the "Proration. and Expense Schedule "). If any prorations made under this Section shall require final adjustment after the Closing, then the parties shall make the appropriate adjustments promptly when accurate information becomes available and either party hereto shall be entitled to an adjustment to correct the same. Any corrected or adjustment proration shall be paid promptly in cash to the party entitled thereto. (b) In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code (the "Tax Code ") as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate duly executed by Seller, (i) Title Company shall withhold three and one -third percent (3 -'1/3 %) of the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of California Form 593 to Title Company at or immediately after Closing, (iii) two (2) copies of California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20`h day of the month following the month title to the Real Property is transferred to Buyer (as evidenced by the recording of the Deed), Title Company shalt remit such funds withheld from the Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entity under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the Tax Code, together with such other documents required by the Tax Code (including, without limitation, California Form 593), to the California Franchise Tax Board. .O M•. 12. Closing Procedure. When the Title Company is ready to issue the Buyer's Title Policy and all required documents and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close Escrow in the manner and order provided below. Alternatively, if Seller makes the election to close without use of an escrow pursuant to Section 3(b) hereof, Setter shall accomplish the matters set forth in this Section 12. (a) Recording. Escrow Holder shall cause the Deed to be recorded pursuant to applicable law in the county in which the Real Property is located and obtain conformed copies thereof for distribution to Buyer and Seller. (b) Disburse Funds, Escrow Holder shalt debit or credit (as provided herein) all Buyer's Costs and Debited Amounts, Seller's Costs and Debited Amounts and General Expenses, prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable debits or credits (as provided herein) shall be distributed by check payable to Seller unless Escrow Holder is instructed otherwise in writing signed by Seller (and, in such event, in accordance with such instructions). Setter authorizes Escrow Holder to request demands for payment and to make such payments from the Purchase Price (or such other fiords, if any, as are advanced by Seller) to defray the cost of removing deeds of trust, lions and other encumbrances. (c) Documents to Seller. Escrow Holder shall deliver to Seller a conformed copy of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among the official land records of the County of Orange, and a copy of each other document (or copies thereof) deposited into Escrow by Buyer pursuant hereto. (d) Documents to Buyer. Escrow Holder shall deliver to Buyer the original FIRPTA Certificate, the original California Exemption Certificate (as applicable), and a conformed copy of cacti of the Deed as duly recorded among the official land records of the County of Orange, the Natural Hazard Report, and each other document (or copies thereof) deposited into Escrow by Seller pursuant hereto, including, without limitation, those documents referenced in Section 8. (e) Title Company. Escrow Holder shall cause the Title Company to issue the Buyer's Title Policy to Buyer. (f) Closing Statement. Escrow Holder shall forward to both. Buyer and Seller a separate accounting of all funds received and disbursed for each party. (g) Informational Reports. Escrow Holder shall file any information repots required by Internal Revenue Code Section 6045(e), as amended. (h) Possession. Possession of the Real Property shall be delivered to Buyer at the Closing. 13. Representations and Warranties (a) Seller's Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Real Property, Setter makes the following representations and warranties as of the Effective Date and as of the Closing, each of which is material and is being relied upon by Buyer (and the truth and accuracy of which shall constitute a condition precedent to Buyer's obligations hereunder), and all of which are material 80A -17 inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered into this Agreement) and shall survive Closing; provided that each of the representations and warranties of Seller is based upon the information and belief of the Executive Director of the Buyer: (i) Seller believes that it has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated. (ii) Seller believes that all requisite action (corporate, nest, partnership or otherwise) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. (iii) The individual executing this Agreement and the instruments referenced herein on behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. (iv) Seller believes that neither the execution or delivery of this Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement or the documents or instruments referenced herein or therein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, lease or other agreement or instrument to which Seller is a party or that affect the Real Property, including, but not limited to, any of the Title Documents or the Property Documents. (v) There is no pending litigation nor, to the best of Seller's knowledge, threatened litigation, which does or will adversely affect the right of Seller to convey the Real Property. There are no claims which have been received by Seller that have not been disclosed to Buyer. (vi) Seller has made no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Real Property, or any pail hereof, or any interest therein, which will survive the Closing. (vii) There are no leases or rental agreements in effect as to the Real Property (viii) Seller is not in default of its obligations under any contract, agreement or instrument to which Seller is a party pertaining to the Real Property. (ix) There are no mechanics', materiahmen's or similar claims or liens presently claimed or which will be claimed against the Real Property for work performed or commenced for Seller or on Seller's behalf prior to the date of this Agreement. (x) There are no undisclosed contracts, licenses, commitments, undertakings or other written or oral agreements for services, supplies or materials concerning the use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or the Real Property after the Closing. There are no oral contracts or other oral agreements for 10 FOODINFOO services, supplies or materials, affecting the use, operation, maintenance or management of the Real Property. (xi) There are not as of the Effective Date, nor will there be as of the Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Real Property or any part thereof, and no person other than Buyer shall have any right of possession to the Real Property or any part thereof as ofthe Closing. (xii) No person, excepting Seller, has possession or any rights to possession of the Real Property or portion thereof. (b) Subsequent Changes to Seller's Representations and Warranties. If, prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, fact or circumstance which renders it representation or warranty of Seller set forth herein incorrect or untrue in any respect (collectively, the "Seller Representation Matter "), then the party who has learned, discovered or become aware of such Representation Matter shall promptly give written notice thereof to the other party and Seller's representations and warranties shall be automatically limited to account for the Representation Matter. Buyer shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement, Seller's representation shall be qualified by such Seller Representation Matter and Seller shall have no obligation to Buyer for such Seller Representation Matter. (c) Buyers Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property, Buyer makes the following representations and warranties as of the date hereof and at and as of the Closing, each of which is material and is being relied upon by Seller (and the truth and accuracy of which shall constitute a condition precedent to Seller's obligations hereunder), and all of which shall survive Closing: G) Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby. (ii) All requisite action has been taken by Buyer in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. (iii) The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof. (iv) Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms or this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, II 80A -19 note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which any of Buyer's properties are bound. (d) Subsequent Changes to Buyer's Representations and Warranties. If, prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the `Buyer's Representation Matter "), then the party who has learned, discovered or become aware of such Buyer's Representation Matter shall promptly give written notice thereof to the other party and Buyer's representations and warranties shall be automatically limited to account for the Buyer's Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this Agreement, Buyer's representation shall be qualified by such Buyer's Representation Matter and Buyer shall have no obligation to Seller for such Buyer's Representation Matter. 14. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price represents a fair value price for the Real Property, as determined by an independent appraisal. 1.5. General Provisions. (a) Condemnation. If any material portion of the Real Property shall be taken or appropriated by a public or quasi - public authority exercising the power of eminent domain, Buyer shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of the Real Property and receive all of the award or payment made in connection with such taking. (b) Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, "Notices ") shalt be in writing, shall be addressed to the receiving party as provided in the Basic Terms section above, and shall be personally delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided that a successful transmission report is received). Alt Notices shalt be effective upon receipt at the appropriate address. Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice in accordance with this Section was given shall be deemed to constitute receipt of such Notice. The providing of copies of Notices to the parties' respective counsels is for information only, is not required for valid Notice and does not alone constitute Notice hereunder. (c) Waiver, Consent and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller's and Buyer's performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shalt not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future, No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise 12 FOODUK11 specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the other party's breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement. (d) Cooperation. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing in accordance with the provisions hereof and, following Closing. (e) Time. Time is of the essence of every provision herein contained. In the computation of any period of time provided for in this Agreement or by Law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a. Saturday, Sunday, or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period. (Q Counterparts; Facsimile Signature . This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. A facsimile signature shall be deemed an original signature. (g) Captions; Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. (h) No Obligations to Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this Agreement to, any person or entity other than the parties hereto. (i) Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 0) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. (k) Applicable Law. This Agreement shall be governed by and construed in accordance with the local lacy of the State of California. (1) Exhibits and Schedules. The exhibits and schedules attached hereto are incorporated herein by this reference for all purposes. (m) Entire Agreement This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between, and 13 80A -21 the final expression of Buyer and Setter with respect to the subject matter hereof. The parties hereto expressly agree and confirm that this Agreement is executed without reliance on any oral or written statements, representations or promises of any kind which are not expressly contained in this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. (n) Successors and Assigns. This Agreement shall be binding upon and shalt inure to the benefit of the permitted successors and assigns of the parties hereto. (o) Assignment. This Agreement may not be assigned without the prior written consent of the other party hereto, which consent shall not be unreasonably withheld. [Signotnrea begin on the following page] 14 80A -22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. ATTEST: By: Maria D. Huizar Housing Authority Secretary ATTEST: an "SELLER" HOUSING AUTHORITY OF THE CITY OF SANTA ANA, a public entity, corporate and politic 0 Robert C. Cortez Special Assistant to the City Manager "BUYER" CITY OF SANTA ANA, a charter city and municipal corporation organized under the Constitution and laws of the State of California Bv: Maria D. Huizar David Cavazos, City Manager Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck 15 FOODIMW Assistant City Attorney Acceptance by Escrow Holder: First American Title Company hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and between the Housing Authority of the City of Santa Ana, a public entity, corporate and politic ( "Seller "), and the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California ( "Buyer ") and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terns apply to Escrow Holder. Dated: 12016 FIRST AMERICAN TITLE COMPANY G, • ' 1 I .� EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Orange, described as follows: [legal description: to follow]. APN: 398 - 092 -14 A -1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Attn: Clerk of the Council 14 EXHIBIT B DEED EXEMPT FROM PAYMENT OFDOCUMENTARY TRANSFER TAX (TRANSFER BETWEEN PUBLIC AGENCIES) !L. 1001 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Housing Authority of the City of Santa Ana, a public entity, corporate and politic ( "Grantor "), hereby grants to the City of Santa Ana, a municipal corporation and charter city, that certain real property located in the County of Orange, State of California, more particularly described on Attachment No. I attached hereto and incorporated herein by this reference (the "Property "), subject to existing easements, restrictions and covenants of record. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of 2016. HOUSING AUTHORITY FOR THE CITY OF SANTA ANA M Robert C. Cortez Special Assistant to the City Manager LOI .O I ATTACHMENT NO. 1 TO GRANT DEED LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Orange, described as follows: [legal description: to follow]. APN: 398 - 092 -14 Attachment No. l to Exhibit B 80A -27 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed under the foregoing Grant Deed by the Housing Authority of the City of Santa Ana, a public body corporate and politic, to the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California (the "City ") as to the following property: Real property in the City of Santa Ana, County of Orange, State of California, described as follows [legal description: to follow] APN: 398 - 092 -14 is hereby accepted by the City Manager of the City on behalf of the City pursuant to authority conferred by action of the City Council of the City, and the City as grantee consents to recordation thereof by its duly authorized officer. ATTEST: Maria D. Huizar Cleric of the Council APPROVED AS TO FORM: Sonia R. Catvatho City Attorney ME Lisa Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos, City Manager Certificate of Acceptance A notary public or other officer comptedng this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On personally appeared _ ) ss. ) before me, Notary Public, (Print Name of Notary Public) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer ❑ Partner(s) ❑ Limited ❑ Cenral ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardiatt/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Eraity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title Or Type Or Document — -- 1um6ero' Wages - - -- • ' A • L� Date Of Documents Signer(s) Other Than A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Oil personalty appeared _ ss. before me, _ , Notary Public, (Print Name of Notary Public) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer ❑ Partner(s) ❑ Limited ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name of Person(s) Or Entity(ies) ❑ General FO R DESCRIPTION OF ATTACHED DOCUMENT Title Or Tyre Of Document Number Of Pages Date Of Dbenlnent5 EXHIBIT C FIRPTA CERTIFICATE TRANSFEROR'S CERTIFICATE OF NON - FOREIGN STATUS To inform the City of Santa Ana, California, a charter city and municipal corporation organized under the Constitution and laws of the State of California ( "Transferee "), that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended ( "Code ") will not be required upon the transfer of certain real property to the Transferee by the Housing Authority of the City of Santa Ana (the, "Transferor°'), the undersigned hereby certifies the following: 1. The Transferor is not a foreign person or citizen, foreign corporation, foreign partnership, foreign nest, or foreign estate (as those terns are defined in the Code and the Income Tax Regulations promulgated thereunder); 2. The Transferor's social security number or U.S. employer identification number is as follows: 3. The Transferor's home or office address is: Housing Authority of the City of Santa Ana 20 Civic Center Plaza (M -26) P.O. Box 1988 Santa Ana, CA 92702 The Transferor understands that this certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalty of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document. Housing Authority of the City of Santa Ana Robert C. Cortez Special Assistant to the City Manager C -1 80A -31 80A -32 RESOLUTION NO, 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA FOR PROPERTY LOCATED AT 1126 -1146 E. WASHINGTON AVENUE 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. California Health and Safety Code Sections 33334.2 and 33334.6 formerly authorized and directed the Santa Ana Redevelopment Agency (the "Redevelopment Agency ") to expend a certain percentage of all taxes which are allocated to the Redevelopment Agency pursuant to Section 33670 of the California Health and Safety Code for the purposes of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low- and moderate - income, lower income, and very low income. B. Pursuant to applicable law the Redevelopment Agency established a Low and Moderate Income Housing Fund (the "Housing Fund ") and acquired certain property with the purpose of using such property for the provision of affordable housing. C. By ABx1 26 enacted by the California Legislature during 2011 (as amended from time to time, the "Dissolution Act "), the California Legislative eliminated every redevelopment agency within the State of California, including the Redevelopment Agency, D. The Dissolution Act provides, in part, that the host city of a redevelopment agency was to designate a housing entity to receive the housing assets of the former redevelopment agency within such city. E. The City Council of the City of Santa Ana ( "City ") designated the Housing Authority of the City of Santa Ana (the "Authority ") as the housing entity to receive the housing assets of the former Redevelopment Agency. Exhibit 3 FoorlyffiN F. The Redevelopment Agency utilized moneys from its Housing Fund in connection with the acquisition of that certain site, 1126 -1146 E. Washington Avenue, APN 398 -092 -14 (the 'Property "). G. Pursuant to the Dissolution Act, the Authority prepared and the California Department of Finance approved a Housing Asset Transfer Form, which listed the housing assets of the Redevelopment Agency eligible and required to be transferred to the Authority. The Property was included on the approved Housing Asset Transfer Form. H. The Property is not "surplus property' pursuant to Section 5422.1 of the Government Code. The City believes that the Property will be useful in pursuing the public purpose activities of the City to construct a new ground water well and related water facilities to augment existing capacity and replace existing aging wells that no longer produce high quality water efficiently. I. The Authority is authorized to transfer the Property to the City pursuant to Health and Safety Code Section 34312.3(b). J. The respective staffs of the City and the Authority have reviewed the fair market value of the Property, as appraised, and have concluded that the value of such Property is consistent with the purchase price as set forth in the draft "Purchase and Sale Agreement' in the form submitted to the City and the Authority concurrently herewith (the "Agreement'). K. The City Council has duly considered all terms and conditions of the proposed Agreement and believes that the Agreement is in the best interests of the Authority and the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. L. A joint public hearing of the Authority and City Council on the proposed Agreement was duly noticed in accordance with Health and Safety Code Sections 33431 and 34312.3(b). M. On July 5, 2016, the governing board of the Authority and the City Council held a joint public hearing on the proposed Agreement, at which time the City Council and the Authority reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing. N. All actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner. FOOTITARE O. The City Council has reviewed the staff report in connection with this matter and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder. P. The price at which the Property will be conveyed to City represents the appraised fair market value of the Property. O. Proceeds from the sale will be used by the Authority solely for affordable housing development. R. All actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner. S. The Authority and the City Council have duly considered all of the terms and conditions of the proposed Agreement and believe that the sale of the Property pursuant to the Agreement is in the best interests of the City of Santa Ana and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. Section 2. The City Council hereby finds and determines that the disposition by sale of the Property by the Authority to the City pursuant to the Agreement will further the achievement of the City's public purposes by making property available for use by the City. Section 3. The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Authority's sale of the Property to the City pursuant to the terms and conditions of the Agreement is not less than the fair market value of the Property. Section 4. The City Council hereby approves the Agreement in substantially the form presented to the City Council, subject to such revisions as may be made by the City Attorney, or designee. The City Manager is hereby authorized to execute the Agreement, as so revised (including without limitation all attachments thereto), on behalf of the City, together with any instruments necessary or convenient to implement the Agreement. A copy of the Agreement shall, when executed by the City, be placed on file in the office of the Clerk of the Council. Section 5. The City Manager, or designee, is hereby authorized, on behalf of the City, to make revisions to the Agreement which do not materially or substantially increase the City's obligations thereunder or materially or substantially change the uses or development permitted on the Property, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement and related documents. FOR ADOPTED this J day of July, 2016. By: Miguel A. Pulido, Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney AL- Lisa Storck Assistant City Attorney AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: NOT PRESENT: COUNCIL MEMBERS: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D, HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on July 2016. on Clerk of the Council City of Santa Ana .•R' •. RESOLUTION NO. 2016- A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY LOCATED AT 1126 -1146 EAST WASHINGTON AVENUE TO THE CITY OF SANTA ANA BE IT RESOLVED BY THE GOVERNING BOARD OF THE SANTA ANA HOUSING AUTHORITY AS FOLLOWS: Section 1: The Governing Board of the Santa Ana Housing Authority hereby finds, determines and declares as follows: A. California Health and Safety Code Sections 33334.2 and 33334.6 formerly authorized and directed the Santa Ana Redevelopment Agency (the "Redevelopment Agency') to expend a certain percentage of all taxes which are allocated to the Redevelopment Agency pursuant to Section 33670 of the California Health and Safety Code for the purposes of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low- and moderate- income, lower income, and very low income, B. Pursuant to applicable law the Redevelopment Agency established a Low and Moderate Income Housing Fund (the "Housing Fund ") and acquired certain property with the purpose of using such property for the provision of affordable housing. C. By ABx1 26 enacted by the California Legislature during 2011 (as amended from time to time, the "Dissolution Act'), the California Legislative eliminated every redevelopment agency within the State of California, including the Redevelopment Agency. D. The Dissolution Act provides, in part, that the host city of a redevelopment agency was to designate a housing entity to receive the housing assets of the former redevelopment agency within such city. E. The City Council of the City of Santa Ana ( "City') designated the Housing Authority of the City of Santa Ana (the "Authority ") as the housing entity to receive the housing assets of the former Redevelopment Agency. F. The Redevelopment Agency utilized moneys from its Housing Fund in connection with the acquisition of a certain site, 1126 -1146 E. Washington Avenue, APN 398- 092 -14 (the "Property "). Exhibit+ 80A -37 G. Pursuant to the Dissolution Act, the Authority prepared and the California Department of Finance approved a Housing Asset Transfer Form, which listed the housing assets of the Redevelopment Agency eligible and required to be transferred to the Authority. The Property was included on the approved Housing Asset Transfer Form. H. The Property is not "surplus property" pursuant to Section 54221 of the Government Code. The Authority believes that the Property will be useful in pursuing the public purpose activities of the City to construct a new ground water well and related water facilities to augment existing capacity and replace existing aging wells that no longer produce high quality water efficiently. I. The Authority is authorized to transfer the Property to the City pursuant to Health and Safety Code Section 34312.3(b). J. The respective staffs of the City and the Authority have reviewed the fair market value of the Property, and have concluded that the value of such Property is consistent with the purchase price as set forth to the draft "Purchase and Sale Agreement" in the form submitted to the City and the Authority concurrently herewith (the "Agreement "). K. The Authority has duly considered all terms and conditions of the proposed Agreement and believes that the Agreement is in the best interests of the Authority and the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. L. A joint public hearing of the Authority and City Council on the proposed Agreement was duly noticed in accordance with Health and Safety Code Sections 33431 and 34312.3(b). M. On July 5, 2016, the governing board of the Authority and the City Council held a joint public hearing on the proposed Agreement, at which time the City Council and the Authority reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing. N. All actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner. O. The Authority has reviewed the staff report in connection with this matter and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder. P. The price at which the Property will be conveyed to City represents the appraised fair market value of the Property. Q. Proceeds from the sale will be used by the Authority solely for affordable housing development. R. All actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner. S. The Authority and the City Council have duly considered all of the terms and conditions of the proposed Agreement and believe that the sale of the Property pursuant to the Agreement is in the best interests of the City of Santa Ana and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. Section 2. The Authority hereby finds and determines that the disposition by sale of the Property by the Authority pursuant to the Agreement will further the achievement of the Authority's affordable housing objectives by generating resources to the Authority, which will be used for a housing project pursuant to Health and Safety Code Section 34312.3(b). Section 3. The Authority finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Authority's sale of the Property pursuant to the terms and conditions of the Agreement is not less than the fair market value of the Property. Section 4. The Authority hereby approves the Agreement in substantially the form presented to the Authority, subject to such revisions as may be made by the Executive Director of the Authority, or designee. The Executive Director of the Authority is hereby authorized to execute the Agreement, as so revised (including without limitation all attachments thereto), on behalf of the Authority, together with any Instruments necessary or convenient to implement the Agreement. A copy of the Agreement shall, when executed by the Authority, be placed on file in the office of the Secretary of the Authority. Section 5. The Executive Director of the Authority, or designee, is hereby authorized, on behalf of the Authority, to make revisions to the Agreement which do not materially or substantially increase the Authority's obligations thereunder or materially or substantially change the uses or development permitted on the Property, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the Authority's obligations, responsibilities and duties to be performed under the Agreement and related documents. ADOPTED this day of July, 2016. By: APPROVED AS TO FORM: Sonia R. Carvalho Authority Legal Counsel By: Aye, c G� Lisa Storck Assistant Legal Counsel AYES: AUTHORITY MEMBERS: NOES: AUTHORITY MEMBERS: ABSTAIN: AUTHORITY MEMBERS: Miguel A. Pulido, Chair CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Secretary of the Housing Authority, do hereby attest to and certify the attached Resolution No. 2016- to be the original resolution adopted by the Governing Board of the Housing Authority of the City of Santa Ana on July , 2016. Date: Housing Authority Secretary FORM]