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HomeMy WebLinkAbout FULL PACKET_2017-12-05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 21, 2017 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:13 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: VICENTE SARMIENTO STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council TELECONFERENCE - Pursuant to Government Code Section 54953(b), Mayor Pro Tem Martinez participated in the meeting via telephone conference call from 901 Smallwood Avenue, McKinney Texas 75070 at 5:13 p.m. The Agenda for said meeting was posted at said location as required by the Brown Act.* AGENDA ITEM ADDED Pursuant to Government Code Section 54954.2 (b), there was a need to take immediate action on an item and the need for action came to the attention of the local agency subsequent to the posting of the agenda; City Attorney Carvalho requested that the following item be added to the Agenda: 4. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION pursuant to Government Code Section 54956.(d) — 1 case CITY COUNCIL MINUTES 10A-1 NOVEMBER 21. 2017 PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:16 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 2. 3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: a. City of Santa Ana v McDonald's Corporation, Orange County Superior Court Case No. 30-2015-00775718-CU-EI-CJC b. The Orange County Catholic Worker, et al. v City of Santa Ana, United States District Court for the Central District of CA (S.D.), Case No.: 8:17-cv-01340 CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: APN # 398-264-13; 201 W. 3rd Street; 62,243 sq. ft. (1.43 acres) Negotiators: Interim Community Development Agency Director Robert Zur Schmiede, and Consultant Elisa Stipkovich Terms: Conditions on the potential development and sale of City -owned property. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Raya Employee Organizations: Personnel Services Executive Director, Ed • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) CITY COUNCIL MINUTES 2 NOVEMBER 21, 2017 10A-2 • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part-time Civil Service Employees • Service Employees' International Union, Part Time • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) CLOSED SESSION REPORT- See Item 19A for any reportable actions ADJOURNED THE CLOSED SESSION MEETING AT 6:29 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 3 NOVEMBER 21, 2017 10A-3 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:31 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUELA. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO JERRY HILL, POLICE CHAPLAIN SPECIAL PRESENTATION — Update from the Community Redevelopment and Housing Commission by Gary L. Wood. PROCLAMATION presented by COUNCILMEMBER BENAVIDES recognizing Critical Infrastructure Month. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO, to the Board of the Santa Ana Police Athletic and Activity League and volunteers for their outstanding contributions to the community: Board: Deisy Aguayo; Francisco Aguayo; Kenney Aguilar; David Ai; Beatriz Badillo; Michelle Fernandez; Daisy Gama; Dario Gaitan; Abel Medina; Graciela Oropeza; Manuel Ortega; Patricia Rodriguez; Victor Sanchez CITY COUNCIL MINUTES 4 NOVEMBER 21, 2017 10A-4 Volunteers: Michelle Acosta; Yvette Acosta; Grant Cuevas; Fatima Galache; Fatima Gama; Diego Garcia; Jessica Gonzalez; Yelitza Guillen; Gisselle Ibarra; Juleyni Lara; Elisa Lopez; Yesenia Montoya; Justine Nava; Luis Quiroz; Alexis Mejia Rodriguez; Zack Sanchez CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO, to the Tzu Chi Orange County Service Center for their outstanding contributions to the community CLOSED SESSION REPORT — No items to report out of Closed Session. AGENDA ITEMS CONSIDERED OUT OF ORDER 13B. APPOINT BRENDA LISBET MEDEL-CARRILLO TO THE YOUTH COMMISSION AS AN ASSOCIATE MEMBER FOR A FULL TERM EXPIRING DECEMBER 11, 2018 AS THE WARD 2 ASSOCIATE REPRESENTATIVE {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION Nominate Brenda Lisbet Medel-Carrillo for an appointment to the Youth Commission as an Associate Member representing Ward 2 (replaces L. Camacho). 13C. APPOINT DAVID DE LEON TO THE BOARD OF RECREATION AND PARKS FOR A PARTIAL -TERM EXPIRING DECEMBER 11, 2018 AS THE WARD 4 REPRESENTATIVE {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Nominate David De Leon for an appointment to the Board of Recreation and Parks as the Ward 4 representative (replaces D. Lopez). MOTION: Benavides SECOND: Pulido VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Sarmiento, Villegas, and Tinajero, (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 5 NOVEMBER 21, 2017 10A-5 OATH OF OFFICE ADMINISTERED BY CLERK OF THE COUNCIL HUIZAR TO NEWLY APPOINTED COMMISSIONERS MEBEL-CARRILLO AND DE LEON. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar Items 10A through 32A, with the following modifications: • Mayor Pro Tem Martinez dissented on Agenda Item 11A and pulled the following items for separate action: 11C, 11 D, 11 E, 19E, 19F, 19G, 20B, 20C, 23A, 25A, 25B, and 32A; • Mayor Pulido and Councilmember Sarmiento abstained on Agenda Items 11 D and 11 E. • Mayor Pulido participated in vote for item 11C; clarified that he inadvertently abstained in error on the first reading of the vote. • Councilmember Sarmiento abstained from 20B. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE SPECIAL OPEN SESSION MEETING OF OCTOBER 31, 2017 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 6 NOVEMBER 21, 2017 10A-6 10B. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 7, 2017 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. 10C. MINUTES FROM THE ADJOURNED REGULAR MEETING OF NOVEMBER 9, 2017 {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: ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO PROVISIONS OF SPECIFIC DEVELOPMENT (SD) NO. 60, PERTAINING TO THE SANTA ANA AUTO MALL LOCATED AT 1505 SOUTH AUTO MALL DRIVE RELATING TO THE SIGNAGE REQUIREMENTS {STRATEGIC PLAN NO. 5, 1)- Clerk of the Council Office Placed on first reading at the November 7, 2017 City Council meeting and approved by a vote of 5-1 (Pulido abstained; and Martinez dissented). Published in the Orange County Reporter on November 10, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2930 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF SPECIFIC DEVELOPMENT (SD) NO. 60, PERTAINING TO THE SANTA ANA AUTO MALL RELATING TO THE SIGNAGE REQUIREMENTS *Mayor Pro Tem Martinez dissented on Agenda Item 11A. 11B. SECOND READING ORDINANCE: ADOPT AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO STREAMLINING TATTOO PARLORS, FARMERS MARKETS AND AFTER HOURS OPERATIONS IN THE COMMERCIAL -SOUTH MAIN ZONING DISTRICT — CITY OF SANTA ANA, APPLICANT - Clerk of the Council Office CITY COUNCIL MINUTES 7 NOVEMBER 21, 2017 10A-7 Placed on first reading at the November 7, 2017 City Council meeting and approved by a vote of 6-0 (Benavides absent). Published in the Orange County Reporter on November 10, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2931 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-159, 41- 159.5, 41-195.5, 41-199.3, 41-365, 41-365.5, 41-489.5 AND 41-522 OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE, TABLE 3-2 OF THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (SP2), TABLE 3 OF THE METRO EAST MIXED USE OVERLAY ZONE (MEMU), AND TABLE 2A OF THE TRANSIT ZONING CODE — SPECIFIC DEVELOPMENT NO. 84 (SD -84) Placed on first reading at the November 7, 2017 City Council meeting and approved by a vote of 6-0 (Pulido absent). Published in the Orange County Reporter on November 10, 2017. Mayor Pro Tem Martinez, asked if staff reviewed communication sent to City Council to ensure we had a good ordinance in place. Planning Manager Vince Fregoso, confirmed staff reviewed communication and part of the task force Mayor Pro Tem Martinez, asked after ordinance is implemented in residential area that we revisit the item in the near future to determine if it should be implemented city wide. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2932 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTIONS 5-1 (DEFINITIONS) AND 5-7 (BEES PROHIBITED) TO ALLOW RESIDENTIAL BACKYARD BEEKEEPING MOTION: Martinez VOTE: AYES SECOND: Pulido Benavides, Martinez, Pulido, Sarmiento, CITY COUNCIL MINUTES 8 NOVEMBER 21, 2017 10A-8 Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Placed on first reading at the November 9, 2017 Adjourned City Council meeting and approved by a vote of 5-0 (Pulido and Sarmiento absent). Published in the Orange County Register on November 12, 2017. Mayor Pro Tem Martinez, asked staff to confirm the tax rate for medical retail marijuana. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2933 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA TO UPDATE DEFINITIONS TO COMPLY WITH STATE LAW AND ENSURE CONSISTENCY WITH CHAPTER 40 OF THE MUNICIPAL CODE, AND AMENDING ARTICLE XII, SECTION 21-127 OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE INCREASING THE TAX ON MEDICINAL RETAIL MARIJUANA BY ONE PERCENT, FROM FIVE PERCENT TO SIX PERCENT MOTION: Martinez SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Solorio, Tinajero, Villegas (5) CITY COUNCIL MINUTES 9 NOVEMBER 21, 2017 10A-9 NOES: None (0) ABSTAIN: Pulido, Sarmiento (2) ABSENT: None (0) Placed on first reading at the October 17, 2017 City Council meeting and approved by a vote of 4-0 (Pulido and Sarmiento abstained; and Martinez absent) Mayor Pro Tem Martinez, asked how Chapter 4 commercial cannabis will apply to rules and offering guidelines to medicinal cannabis, if other rules and operating guidelines will have to be complied with and if it would apply to delivery services for medicinal and adult use cannabis operators. City Manager Godinez, indicated that ordinance allows for existing dispensaries that are approved for medicinal cannabis will be eligible to sell for adult use without having to go through a competitive process. City Attorney Carvalho, noted retail adult cannabis will have to comply with the same standards as the medicinal cannabis operators and not any different. Councilmember Benavides, asked if existing medicinal dispensaries would be required to go through a retail application and if permits would be increased to create opportunities for others. City Attorney Carvalho, stated that a retail application will be required and a verification will be performed to ensure they are in compliance with Chapter 18 and that there will be ten additional the merit based criteria would apply to. MOTION: Receive and file. ORDINANCE NO. NS -2929 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CREATING CHAPTER 40 OF THE SANTA ANA MUNICIPAL CODE, "REGULATION OF ADULT -USE COMMERCIAL CANNABIS RETAIL ACTIVITIES', TO REGULATE ADULT -USE RETAIL CANNABIS ACTIVITIES AND RELATED DELIVERY SERVICES, EXCEPTING MEDICINAL RETAIL, AND PROHIBITING ALL OTHER COMMERCIAL CANNABIS ACTIVITIES CITY COUNCIL MINUTES 10 NOVEMBER 21, 2017 10A-10 MOTION: Martinez SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Solodo, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: Pulido, Sarmiento (2) ABSENT: None (0) NOTICE OF PUBLIC HEARINGS 12A. DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT – INTENT TO LEVY ASSESSMENT FOR 2018 (STRATEGIC PLAN NO. 3, 4F) - Community Development Agency Recommended Action approved by the Community Redevelopment and Housing Commission on October 25, 2017 by a vote of 5-0 (Ramos abstained; and De Leon absent). RECOMMENDED ACTIONS: 1. Adopt a resolution. RESOLUTION NO. 2017-067 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR THE YEAR 2018 2. Set a public hearing for Tuesday, December 19, 2017. 3. Approve the 2018 Assessment Report for the Downtown Santa Ana Business Improvement District (BID), which is administered by two organizations—the Santa Ana Business Council and Downtown Incorporated. BOARDS / COMMISSIONS / COMMITTEES 13A. AGENDA AND MINUTES OF THE MEETING OF YOUTH, EDUCATION AND COMMUNITY SERVICES CITY COUNCIL COMMITTEE, OCTOBER 23, 2017 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office CITY COUNCIL MINUTES 11 NOVEMBER 21, 2017 10A-11 MOTION: Receive and file. 13B. AGENDA ITEM CONSIDERED OUT OF ORDER 13C. AGENDA ITEM CONSIDERED OUT OF ORDER MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE 19B. EXCUSED ABSENCES — NONE 19C. STRATEGIC PLAN MONTHLY REPORT FOR OCTOBER 2017 {STRATEGIC PLAN NO. 5, 1) - City Manager's Office MOTION: Receive and file. 19D. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR OCTOBER 2017 {STRATEGIC PLAN NO. 5, 1) - Public Works Agency MOTION Receive and file. Mayor Pro Tem Martinez, asked staff how Request for Proposal will be rolled out and confirm consistency with the Council Committee, and how it be distributed. Parks, Recreation and Community Services Executive Director, Gerardo Mouet, noted they have an established list throughout Southern California of private producers and notice will be sent out to everyone locally and in the region. MOTION Receive and file. MOTION: Martinez SECOND: Villegas VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, CITY COUNCIL MINUTES 12 NOVEMBER 21, 2017 10A-12 Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Mayor Pro Tem Martinez, asked who made the decision to change the bylaws to include events in the Community Development and Parks and Recreation without going before the City Council. Parks, Recreation and Community Services Executive Director Mouet, noted that Interim City Manager Cynthia Kurtz suggested the Youth Education and Community Services Council Committee review the proposal of the scope of the committee to include updates of city produced events and the adoption of the bylaws are now before the City Council. Mayor Pro Tem Martinez, opined that there should be consistency across all council committees. Asked communication with the City Council as to what is being brought to various committees. Councilmember Sarmiento, asked City Attorney for a report on recommended steps on how to better report committee agenda items and summary of committee actions. City Attorney Carvalho, stated that City Clerk and representative from City Manager's office held training for recording secretaries to address such matter. Councilmember Solorio, noted agendas and minutes are available online and would provide a sense of what is being discussed and actions taken by the committee. City Attorney Carvalho, noted some committees are taking action items and may not have details to share and conversations with secretaries to provide more details when describing an item. Councilmember Sarmiento, suggested guidance to committee chairs. MOTION: Receive and file. CITY COUNCIL MINUTES 13 NOVEMBER 21, 2017 10A-13 MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Mayor Pro Tem Martinez, requested staff to provide a copy of survey and map of various vending locations. MOTION Receive and file. MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: None (0) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT TO RECOGNIZE RECEIPT OF GRANT FUNDS AND AUTHORIZE AGREEMENTS FOR PEDESTRIAN AND BICYCLE SAFETY PROGRAM (PROJECT NO. 18-6884) (STRATEGIC PLAN NO. 1, 3B) - Public Works Agency MOTION: CITY COUNCIL MINUTES 14 NOVEMBER 21, 2017 1 OA -14 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-040 - Recognizing Office of Traffic Safety (OTS) Public Education on Bicycle Safety grant funds in the amount of $75,000 into the OTS -PWA Traffic Safety Grants revenue account and appropriate the same in the OTS -Bicycle Safety PWA expenditure account. 2. Authorize the City Manager and Clerk of the Council to execute an agreement (PS18029) with the State of California Office of Traffic Safety for a one-year period covering the Federal fiscal year from October 1, 2017, through September 30, 2018, for Pedestrian and Bicycle and Safety Program funds in an amount not to exceed $75,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-308). 3. Authorize the City Manager and the Clerk of the Council to execute an agreement with Neighborhood Housing Services of Orange County, Inc. dba NeighborWorks Orange County to provide bicycle safety education services, for the period beginning November 21, 2017, and ending September 30, 2018, in an amount not to exceed $75,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-309). Mayor Pro Tem Martinez, requested staff to clarify if property was surplus property. Assistant Public Work Agency, William Galvez, noted that property is not surplus. Mayor Pro Tem Martinez, opined the commitment to public resources and its use for the public benefit is their responsibility. Councilmember Benavidez, suggest staff develop a process in disposing of property. CITY COUNCIL MINUTES 15 NOVEMBER 21, 2017 10A-15 MOTION 1. Authorize the City Manager and Clerk of the Council to execute a purchase and sale agreement with In -N -Out Burgers, a California corporation, for the sale of City -owned property located at 827, 829, and 907 North Bristol Street in the amount of $905,000, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-310). 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-041 - Recognizing revenue in the amount of $603,482 in the Select Street Construction Fund revenue account for Fiscal Year 2017-18 from sale of City -owned property located at 827, 829, and 907 North Bristol Street and appropriating the same into the OCTA Bristol Street Corridor Improvements expenditure account. Receipt of Measure M Street Construction proceeds of $301,518 will be disbursed to the Orange County Transportation Authority. MOTION: Villegas SECOND: Tinajero VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5) NOES: Martinez (1) ABSTAIN: Sarmiento (1) ABSENT: None (0) MOTION: 1. Approve an appropriation adjustments. (Requires five affirmative votes) CITY COUNCIL MINUTES 16 NOVEMBER 21, 2017 10A-16 a. APPROPRIATION ADJUSTMENT NO. 2018-038 - Recognizing additional Community Development Block Grant funds in the amount of $156,564 and additional Emergency Solutions Grant funds in the amount of $1,383 in revenue account and appropriating the same amounts to expenditure accounts. b. APPROPRIATION ADJUSTMENT NO. 2018-039 - Recognizing additional HOME Investment Partnerships Program funds in the amount of $103,942 in revenue account and appropriating the same amount to expenditure account. 2. Approve an amendment to the Fiscal Year 2017-2018 Capital Improvement Program to add Community Development Block Grant Funds in the amount of $21,734 to the Pacific Electric Bike Trail Security Lighting Project (No. 18-7524) and $21,734 to the Residential Street Repair Program Project (No. 18-7526 and 18- 7527). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 17-096 - AWARD BLANKET PURCHASE ORDER CONTRACTS FOR VEHICLE TIRES {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services MOTION Award blanket purchase order contracts for a one-year period expiring November 2, 2018, with provisions for four one-year renewals exercisable by the City Manager, in an annual amount not to exceed $150,000, for a total aggregate amount of $662,500, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Allen Tire Company Bridgestone Americas Tire Daniels Tire Service Parkhouse Tire. Inc. CITY COUNCIL MINUTES 17 10A-17 Location Santa Ana Paramount Santa Fe Springs Santa Ana NOVEMBER 21, 2017 22B. SPEC. NO. 17- 097 - AWARD PURCHASE ORDER FOR A BACKHOE LOADER TRACTOR {STRATEGIC PLAN NO. 6, 2} - Finance and Management Services and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase order to Sonsray Machinery, LLC, in the amount of $133,880 plus a contingency of $6,700, for a total amount not to exceed $140,580, subject to non -substantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO. 17-105 - AWARD PURCHASE ORDER FOR 20 POLICE INTERCEPTOR PATROL VEHICLES {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services MOTION: 1. Authorize a one-time purchase and payment of purchase order to Fairway Ford Sales, Inc. in an amount not to exceed $667,845 plus a contingency of $75,000 for a total amount of $742,845 subject to non -substantive changes approved by the City Manager and City Attorney. 2. Reject the bid from Carmenita Truck Center as nonresponsive. Vendor did not offer black and white paint scheme as required in specifications. 22D. SPEC. NOS. 17-122 AND 17-123 - AWARD PURCHASE ORDERS FOR CLASSROOM TRAINING FURNITURE AND FOR COMPUTERS AT THE ROOSEVELT -WALKER COMMUNITY CENTER {STRATEGIC PLAN NO. 2,3D} - Finance and Management Services; and Parks, Recreation and Community Services Agency MOTION: 1. Authorize a one-time purchase and payment of purchase order to Culver -Newlin for the purchase of classroom training furniture in the total amount of $196,511; and increase the aggregate limit for miscellaneous purchases in an amount not to exceed $25,000 annually, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize a one-time purchase and payment of purchase order to Apple, Inc. for the purchase of desktop computers, laptops and video editing software in the total amount of $74,356; and CITY COUNCIL MINUTES 18 NOVEMBER 21, 2017 10A-18 increase the aggregate limit for miscellaneous purchases in an amount not to exceed $25,000 annually, subject to non - substantive changes approved by the City Manager and City Attorney PROJECTS/CHANGE ORDERS Mayor Pro Tem Martinez, requested clarification on unforeseen costs that caused contingency fee increase. City Manager Godinez, noted pumps were unable to be rehabilitated and required replacement. Assistant Public Works Director Galvez, indicated that increase is being requested in order to avoid potential delays. Mayor Pro Tem Martinez, asked to be informed if contingency fee is used. City Manager Godinez, concurred that it is good practice to prepare a project closeout report. MOTION: Approve a contingency increase of $250,000 for construction of the Walnut Pump Station Building Upgrade, to cover costs related to unforeseen conditions encountered during construction. MOTION: Martinez VOTE: AYES NOES: AGREEMENTS SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 19 NOVEMBER 21, 2017 10A-19 Mayor Pro Tem Martinez, requested clarification how nonprofits were selected and how we can track success stories of individuals who received services. Councilmember Solorio, opined report of impact of wrap around services is needed. MOTION: Authorize the City Manager and the Clerk of the Council to execute amendments to a memorandum of understanding and agreements with the Emergency Solutions Grant subrecipient providers, increasing the amounts of the agreements for program year July 1, 2017 — June 30, 2018 by the following amounts, subject to non -substantive changes approved by the City Manager and City Attorney: 1. Illumination Foundation — increase agreement by $60,975.81 in additional funds to target and house individuals directly from the Plaza of the Flags, for a total not to exceed $207,129.81. The program focus and goals are to stabilize individuals with wrap- around case management services, provide bridge housing and/or shared housing assistance and seek permanent housing (AGMT. No. 2017-311); 2. WISEPlace — increase agreement by $7,000 for additional outreach services to single women at the Plaza of the Flags for a total not to exceed $30,654 (AGMT. No. 2017-312); 3. Santa Ana Police Department HEART Program — increase memorandum of understanding by $2,500 in additional funds to purchase bus tickets and an E -Z Up canopy for outreach services in the Civic Center, for a total not to exceed $47,654 (AGMT. No. 2017-313). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 20 NOVEMBER 21, 2017 1 OA -20 Mayor Pro Tem Martinez, asked how we can implement more technology and modernize City facilities. MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Vantage Company for a term of six -months beginning November 1, 2017, for a not to exceed amount of $26,000 (proposal of $24,860, plus $1,140 in contingency), to modify and improve the auditorium floor of the Council Chambers and surrounding dais and seating areas, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-314). 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Interfinish Corporation for a term of six -months beginning November 1, 2017, for $8,220 to re -carpet the modified surface, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-315). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 25C. APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION AGREEMENTS {STRATEGIC PLAN NOS. 5, 2, 31 - Planning and Building Agency Recommended Action approved by the Historic Resources Commission on October 26, 2017 by a vote of 7-0 (Nguyen absent). MOTION: Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the below -referenced CITY COUNCIL MINUTES 21 NOVEMBER 21, 2017 1 OA -21 property owners for substantive changes Attorney. the identified structures, subject to non - approved by the City Manager and City 25D. APPROVE AN AGREEMENT TO PROVIDE SEXUAL ASSAULT VICTIM EXAMINATIONS AND EVIDENCE COLLECTION SERVICES TO THE POLICE DEPARTMENT {STRATEGIC PLAN GOAL NO. 1, 1D) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a three-year agreement with ARMC Anaheim Regional Medical Center for the period of October 1, 2017 through September 30, 2020, in the annual amount of $61,983, for a total three-year agreement amount not to exceed $185,950, subject to non - substantive changes approved by the City Manager and City Attorney. (AGMT. No. 2017-320). LAND USE MATTERS TENTATIVE PARCEL/TRACT MAPS CITY COUNCIL MINUTES 22 NOVEMBER 21, 2017 1 OA -22 Property Historic Address/House AGMT. NO. Owner(s) Property Preservation A mt. No. 1. Matthew Lopez 2017-16 2045 N. 2017-316 Greenleaf St. (Lund House 2. Pamela D. 2017-24 2432 N. Riverside 2017-317 Schneider Dr. (Davis - Schneider House) 37 Peter R. 2017-30 512 West Santa 2017-318 Rohrbacker and Clara Ave. Donna N. (Jacobs House) Rohrbacker 4. Roy Reimer and 2017-31 1722 N. 2017-319 Jan Reimer Heliotrope Dr. (Frandson- Mouwdy House) 25D. APPROVE AN AGREEMENT TO PROVIDE SEXUAL ASSAULT VICTIM EXAMINATIONS AND EVIDENCE COLLECTION SERVICES TO THE POLICE DEPARTMENT {STRATEGIC PLAN GOAL NO. 1, 1D) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a three-year agreement with ARMC Anaheim Regional Medical Center for the period of October 1, 2017 through September 30, 2020, in the annual amount of $61,983, for a total three-year agreement amount not to exceed $185,950, subject to non - substantive changes approved by the City Manager and City Attorney. (AGMT. No. 2017-320). LAND USE MATTERS TENTATIVE PARCEL/TRACT MAPS CITY COUNCIL MINUTES 22 NOVEMBER 21, 2017 1 OA -22 Planning Commission approved recommended action on October 23, 2017 by a vote of 4-0 (Bacerra abstained; Mendoza and Nguyen absent). MOTION: Receive and file the staff report approving Tentative Parcel Map No. 2016-04 as conditioned. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: RESOLUTIONS SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) **END OF CONSENT CALENDAR* BUSINESS CALENDAR ITEMS 55A. ADOPT A RESOLUTION AUTHORIZING GRANT FUNDS REQUEST UNDER MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM {STRATEGIC PLAN NO. 6, 1G) - Public Works Agency MOTION: 1. Adopt a resolution. RESOLUTION NO 2017-068 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM 2. Direct staff to amend the Seven -Year Capital Improvement Program to incorporate the new Comprehensive Transportation Funding Program projects. MOTION: Martinez SECOND: Sarmiento CITY COUNCIL MINUTES 23 NOVEMBER 21, 2017 1 OA -23 VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B. ADOPT A RESOLUTION TO ACCELERATE RELINQUISHMENT OF CALTRANS LOCAL STREET RIGHT-OF-WAY TO CITY {STRATEGIC PLAN NO. 6, 1 G} - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO 2017-069 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA WAIVING THE STATUTORY NOTICE BY THE STATE OF CALIFORNIA OF ITS INTENT TO RELINQUISH CERTAIN PARCELS ALONG STATE HIGHWAY ROUTE 5 LOCATED WITHIN CITY LIMITS MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 55C. AMENDMENT TO THE ANNUAL BUDGET TO ADD TWO FULL-TIME MAINTENANCE ASSISTANT POSITIONS FOR CIVIC CENTER AREA (STRATEGIC PLAN NO. 1, 5) - Personnel Services Agency and Parks, Recreation and Community Services Agency MOTION: Adopt a resolution. RESOLUTION NO 2017-070 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD TWO MAINTENANCE ASSISTANT POSITIONS IN THE PARKS, RECREATION, AND COMMUNITY SERVICES AGENCY MOTION: Benavides SECOND: Tinajero CITY COUNCIL MINUTES 24 NOVEMBER 21, 2017 1 OA -24 VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55D. AGENDA ITEM CONSIDERED OUT OF ORDER ADMINISTRATIVE MATTERS - BUSINESS Sarmiento, 60A. APPOINT MEMBER TO THE ORANGE COUNTY VECTOR CONTROL BOARD {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Councilmember Benavides requested clarification on Vector Control appointment, term, and application process. Clerk of the Council Huizar, noted that in the past the City Council had requested applications from members of the public when there was no interest from elected officials to serve on the Board. Councilmember Benavides, opined the process should begin with City Council to fill the position and then open the process to members of the community if no interest from elected officials; supports adopting a standard process. Mayor Pro Tem Martinez and Councilmember Sarmiento, support standardizing process. Councilmember Solorio, expressed support in allowing current Vector Control appointee to continue on the board and for an established process in making appointments in the future. Mayor Pro Tem Martinez, noted City Council must decide in a two or four year appointment. Councilmember Solorio, asked if the term is based on staff recommendation or can City Council set different term periods. Councilmember Villegas, expressed support of a two year appointment. Clerk of the Council Huizar, clarified that Vector Control is regulated by the government code and is subject to a two or four year term with an CITY COUNCIL MINUTES 25 NOVEMBER 21, 2017 1 OA -25 automatic renewal if City Council takes no action prior to the term expiration of January 18. Councilmember Sarmiento, expressed support for current representative but opined that process should have been followed to allow others the opportunity to serve. Councilmember Benavides, expressed support and opined the appointment process should have been followed and must be adhered to at the next appointment renewal term. MOTION: 1. Appoint Cecilia Aguinaga to the Orange County Vector Control and appoint for a two (2) year term expiring in January of 2020. 2. Direct the Clerk of the Council that future vacancies or expiring terms be agendized with sufficient time for the City Council to consider appointing a member of the City Council or open up the process for residents to apply and be considered. MOTION: Martinez VOTE: AYES: SECOND: Pulido Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65A. APPROVE THE ANNUAL CALENDAR OF REGULAR CITY COUNCIL MEETINGS FOR 2018 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Councilmember Benavidez, asked clarification of City Council meeting dates being cancelled. Mayor Pro Tem Martinez, supports going dark the whole month of July. Councilmember Sarmiento, opined item should be continued to the next meeting to provide City Council time to consider all dates. CITY COUNCIL MINUTES 26 NOVEMBER 21, 2017 1 OA -26 Mayor Pulido in support of continuing matter. Clerk of the Council Huizar, requested clarification if whole item will be continued to next meeting or just consideration of summer schedule. Councilmember Solorio, expressed support of going dark for a whole month if a meeting was selected from the month of July and August in order to consider budgets and ordinances that may arise. Councilmember Benavides, noted January 2, 2018 and November election days are dates City Council meetings will be dark and opined staff should be directed to post notice of those dates and remaining dates be considered at the next City Council meeting. MOTION: 1. Review calendar of regularly scheduled City Council Meetings in 2018. 2. Cancel the regularly scheduled City Council meeting of January 2, 2018 and November 6, 2018. 3. Approve the 2018 calendar of regularly scheduled City Council meetings. 4. Direct staff to post Notice of Cancellation(s). The City Council hereby waives notice of said meetings as required by the government code. 5. Request that consideration of cancelation of a Summer month meeting(s) be brought back for City Council consideration in the future. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 65B. FISCAL YEAR 2017-18 FIRST QUARTER BUDGET UPDATE; APPROVE AN APPROPRIATION ADJUSTMENT; AND ADOPT A RESOLUTION TO CITY COUNCIL MINUTES 27 NOVEMBER 21, 2017 1 OA -27 AMEND THE BUDGET TO ADD TWO COMBINATION BUILDING INSPECTOR POSITIONS; AND RECEIVE AND FILE BUDGET PRINCIPLES {STRATEGIC PLAN NO. 4, 1; 3, 31 - Finance and Management Services; and Planning and Building Agency MOTION: 1. Receive and file fiscal year 2017-18 First Quarter Budget Update. 2. Approve an appropriation adjustments. (Requires five affirmative votes) a. APPROPRIATION ADJUSTMENT NO. 2018-042 — Approve an appropriation adjustment of $10,000 for the marketing of a youth internship program. b. APPROPRIATION ADJUSTMENT NO. 2018-043 — Approve an appropriation adjustment of $420,000 in building permit and plan check revenue and New Construction personnel and related expenditures to fund inspection positions. 4. Adopt a resolution. RESOLUTION NO 2017-071 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD TWO COMBINATION BUILDING INSPECTOR POSITIONS IN THE PLANNING AND BUILDING AGENCY 5. Receive and file the Administrative Guidelines that identify the Budget Principles to be used in preparing fiscal year 2018-19 Operating Budget. (Exhibit 3) MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 65C. AGENDA ITEM CONSIDERED OUT OF ORDER CITY COUNCIL MINUTES 28 NOVEMBER 21, 2017 1 OA -28 PUBLIC HEARINGS 75A. PUBLIC HEARING: ISSUANCE OF TAX EXEMPT BONDS FOR THE BENEFIT OF MATER DEI HIGH SCHOOL AND RESOLUTION APPROVING THE ISSUANCE OF BONDS (STRATEGIC PLAN NO. 2,4) - Community Development Agency Legal Notice published in the Orange County Register on November 6, 2017. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. Councilmember Tinajero, asked if Mater Dei High School's bonds affected the City of Santa Ana. Mayor Pro Tem Martinez, requested confirmation Mater Dei High School is in escrow and no eminent domain issues. Staff indicated that there were no implications to the City. MOTION: 1. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority ("CMFA") on behalf of the Roman Catholic Bishop of Orange (the "Borrower"), for the benefit of Mater Dei High School (the "School") for the purpose of financing the design, construction and improvement of certain parking facilities. 2. Adopt a resolution. RESOLUTION NO 2017-072 -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS (MATER DEI HIGH SCHOOL PROJECT) SERIES 2017A, IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17,000,000, FOR THE PURPOSE OF FINANCING THE DESIGN, CONSTRUCTION AND IMPROVEMENT OF PARKING FACILITIES AND CERTAIN OTHER MATTERS PERTAINING THERETO MOTION: Tinajero VOTE: AYES SECOND: Pulido Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) CITY COUNCIL MINUTES 29 NOVEMBER 21, 2017 1 OA -29 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75B. AGENDA ITEM CONSIDERED OUT OF ORDER COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DISCUSS AND IMPLEMENT NEW POLICY THAT WOULD LIMIT THE NUMBER OF COUNCIL COMMITTEES A MEMBER MAY SERVE ON AND SET QUALIFICATIONS; AND APPROVE ANY NECESSARY ACTIONS - Councilmembers Tinajero, Sarmiento and Benavides Councilmember Tinajero, requested City Clerk to provide the number of committees City Councilmembers can sit on and if any Councilmembers serve on more than two committees. Clerk of the Council Huizar, listed members. Mayor Pulido, noted he does not serve on any committee. Mayor Pro Tem Martinez, said that she only serves on one committee. Councilmember Tinajero, opined Councilmembers should be limited to two committees to avoid an imbalance of influence. Mayor Pro Tem Martinez, concurred and suggest policy Councilmember Villegas, commented that last year there was six committees and sixteen cancelled meetings. Councilmember Tinajero, noted reducing committees to four has allowed more people to attend and additional items to be on the agenda. Councilmember Villegas, expressed support for reducing committees to four. Councilmember Sarmiento, commented on potential abuse and excessive use of staff time; asked if the makeup of the committees can be reconfigured. CITY COUNCIL MINUTES 30 NOVEMBER 21, 2017 1 OA -30 City Attorney Carvalho, noted City Council adopted a resolution that allows the Council to determine the number, types, and jurisdiction of the committees and memorialize changes in the form of a resolution. Councilmember Sarmiento, requested the Clerk of the Council send out the matrix presented earlier and to include attendance issue expressed by Councilmember Villegas. City Attorney Carvalho, noted her recommendation of implementing a policy as to how committees operate and to provide consistency. Councilmember Sarmiento, noted annual committee review is approaching. Mayor Pulido, opposed to setting limits and allow Councilmembers to determine how much time and effort they wish to contribute. Councilmember Benavides, noted intent of committees is to work through matters that will ultimately be presented to City Council; support limiting members to two committees to identify two top priorities and avoid an imbalance. Councilmember Solorio, stated that previous model resulted in almost half the committee meetings being cancelled and did not serve the public well. Councilmember Tinajero, opined that limitation would allow the public to hear matters from a diverse group of people. Councilmember Sarmiento, said that whole City Council should message to the public; request item be agendized on the next meeting agenda to allow City Council to take action. MOTION: Direct staff bring forth policy along with recommendation for reconfiguration of the council committees. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero (4) NOES: Pulido, Solorio, Villegas (3) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 31 NOVEMBER 21, 2017 1 OA -31 85B. DIRECT PLANNING STAFF TO INVESTIGATE FEASIBILITY OF AMORTIZING M1 OR M2 ZONES ADJACENT TO RESIDENTIAL ZONES IN ORDER TO MITIGATE ENVIRONMENTAL AND NUISANCE IMPACTS ON RESIDENTS — Mayor Pro Tem Martinez Mayor Pro Tem Martinez opined this would be the perfect opportunity to direct planning staff to investigate the feasibility of amortizing M1 and M2 zoned adjacent to residential zones to mitigate environmental and nuisance impact. Expressed support in directing staff to move forward with a city wide approach to help mitigate environmental and nuisance impact. Councilmember Sarmiento thanked Sam Romero and Logan neighborhood for sharing the information with the City Council. Noted his support to direct staff to return to the City Council with feasibility of the issues presented by Mayor Pro Tem. Councilmember Solorio, requested clarification of item and determine if it would phase out industrial areas. City Manager Godinez, clarified that staff would return with plan to phase out this type of use. Planning Manager Fregoso opined item would look at all potential options including updating zoning codes and general plan to address the residents' concerns. Mayor Pro Tem Martinez suggested item would look at uses, how to improve the quality of life, and not to hurt businesses but have a balanced approach. Councilmember Solorio, noted general plan process through advisory committee is moving is moving forward and should be mindful of these issues. Expressed his opposition in ending industrial zones in its entirety and avoid the public to misperceive the intention of this item. City Manager Godinez, stated that item would not end industrial in general, but to address nuisance when M1 or M2 adjacent to residential zones. Councilmember Sarmiento clarified his motion to only have staff come back to City Council to advise on issues presented, identify sensitive areas, and not phase out industrial zones. Mayor Pulido noted there will be a larger demand on the area as City of Santa Ana becomes more vibrant. MOTION: Direct staff as proposed by author of item. CITY COUNCIL MINUTES 32 NOVEMBER 21, 2017 1 OA -32 - MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Martinez, Benavides, Solorio, Tinajero, (6) Villegas (1) None (0) None (0) COMMENTS CITY COUNCILMEMBER COMMENTS Pulido, Sarmiento, Councilmember Sarmiento: • Happy Thanksgiving to all; and • Invite all to upcoming reception in honor of City Manager Godinez, on December 8, 2017. Councilmember Tinajero: • Invited all to reception for new City Manager; • Commented on Court ruling on sanctuary city funding by federal government; • Thankful for serving with colleagues need to count victories- team effort; and • Wished all a Happy Thanksgiving. Mayor Pro Tem Martinez: • Wished everyone a happy Thanksgiving; • Thanked residents of the City of Santa Ana for their hard work; • Noted upcoming Santa Ana football game against Big Bear High and availability of buses to attend; • Noted this weekend's Shop Santa Ana event and encouraged residents to shop local; • Asked staff to review City of Sacramento free parking program during the holidays to possibly implement in the City of Santa Ana; and • Promoted MAP program in training residents to prepare of a big earthquake. Councilmember Solorio, : • Thanked Housing and Community Development staff for their work on Community Development Grant process; and CITY COUNCIL MINUTES 33 NOVEMBER 21, 2017 1 OA -33 • Expressed support in having youth and young adult succeed in school and do well economically. Councilmember Villegas • Thanked OCFA and Historical Preservation Association for delivering Santa to Tree Lighting Ceremony — successful event • Update on the Brown Act Policy Councilmember Benavides: • Provided update on his Santa Ana Police gang unit ride along; • Commented on efforts by the police department; special kudos to PAAL program with suppression, intervention and community oriented policing. • Encouraged staff to continue investment with youth and residents — economic development such as streamlining application process. • Thankful for efforts by all in making City great. Mayor Pulido: • Wished all a Happy Thanksgiving. PUBLIC COMMENTS — (Agenized Items) • Sam Romero, expressed concern of businesses negatively impacting the quality of life of the residents and presented the City Council with a list of concerns. • Sean Crowly, commended City Council for legalizing bee keeping in the City of Santa Ana. Expressed concern as to how the code was written. AGENDA ITEMS CONSIDERED OUT OF ORDER AND JOINTLY: Councilmember Solorio, opined that item 11 E has a connection with item 55D since both deal with retail cannabis business and timing of operational status letters and should be combined. City Attorney Sonia Carvalho noted City Council could combine items 11 E, 55D, 65C, and 75B, but would be required to open public hearing to take public comments prior to discussing item 75B. Councilmember Benavides, directed all items be combined and considered simultaneously. Clarified remaining items as 55D, 65C, and 75B. City Attorney Sonia Carvalho noted 11 E is only a receive and file item. Mayor Pro Tem Michelle Martinez requested staff to clarify if the 17 medical dispensaries who have licenses would have to comply with criteria being considered today. CITY COUNCIL MINUTES 34 NOVEMBER 21, 2017 1 OA -34 City Manager Godinez, noted the 17 medical dispensaries who have licenses would have to comply with criteria being considered today, but would be eligible to apply for the permits. Mayor Pro Tem Michelle Martinez noted this is only for competitive process to receive permit, but would still have to comply with criteria and points. City Manager Godinez, noted they would not be required. Mayor Pro Tem Michelle Martinez opined this would not be fair to not have them comply with new adult use criteria. Noted her prior recommendation to create a special City Council fund to create and distribute funds to non-profit organizations. Opined there is an opportunity to address social equity and social justice component. Noted her difficulty in moving forward with these items. Councilmember Solorio, opined the individual in lieu of fee agreements should also require some of the provisions and would address social equity concerns. Suggested staff should consider strong application submissions and expressed concern of possible oversaturation. Councilmember Tinajero, expressed support of limiting the number to 25 as a happy medium and noted his support on the item if a motion to include items express by Councilmember Solorio, . City Manager Godinez, clarified that in order to change the limit, the ordinance would require a modification and could be not done tonight. Noted his intention was to have those conducting business under BB to be processed and have the opportunity to apply for a state license. Opined there would be more than ten applications submitted and criteria would allow them to rank the applicants and provide recommendations. Councilmember Villegas, requested confirmation of current and pending applicants City Manager Godinez, noted preferential treatment would be given to those that already have an existing permit by the date the ordinance becomes effective. Councilmember Villegas, opined approach should be thorough and is in support of working with the current 20 applicants. Councilmember Benavides, express support leaving language as is and starting with the applicants who are already operating in the city. Asked City Attorney how to have existing medical dispensaries comply with new requirements. City Attorney Carvalho noted if medicinal operators apply for adult retailer permit, the requirements could be incorporated into the agreement at the direction of the City Council. City Manager Godinez, noted it was their intention to capture the requirements for existing dispensaries as they applied for adult use permits. CITY COUNCIL MINUTES 35 NOVEMBER 21, 2017 1 OA -35 Councilmember Solorio, opined three significant items that should be included in 55D agreements. In support of keeping the number at 30 and not create artificial deadlines. Asked City Attorney Sonia Carvalho how to describe a timeline line process using legalese. City Attorney Carvalho noted processes have already been set in Chapter 40 ordinance which have already been adopted and application date has been also set. Expressed concern to have something in writing providing direction on how to process additional 10 applications. Councilmember Solorio, opined timeline should be at the approval and discretion of City Manager Godinez, acknowledged this is a priority expressed by the City Council and expressed willingness to work with the City Attorney to reduce cap at the direction of the City Council. City Attorney Carvalho, noted any revisions would require first and second reading. And summarized motion as receive and file item 11E, approve 55D and would require incorporation of three bullets under item three of the merit criteria into the operating agreements, and to adopt fees as set forth in 75B Councilmember Solorio, requested inclusion direction to staff with respect with future applications upon approval of City Manager and agreed upon timeline and process that has been established and to include in merit based application item 5 also state "or has owned a business in Santa Ana for 12 consecutive months." 75B. PUBLIC HEARING: ADOPT A RESOLUTION TO CREATE CANNABIS - RELATED REGISTRATION APPLICATION AND REGULATORY SAFETY PERMIT FEES IN THE FISCAL YEAR 2017/18 MISCELLANEOUS FEE SCHEDULE {STRATEGIC PLAN NO. 4, 3} - Planning and Building Agency Legal Notice published in the Orange County Register on November 11 and 17, 2017. Councilmember Benavides opened the Hearing. There were no speakers and the Hearing closed. MOTION: Adopt a resolution. RESOLUTION NO 2017-073- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CREATING THE ADULT -USE CANNABIS RETAIL REGISTRATION APPLICATION FEE AND REGULATORY SAFETY PERMIT FEE TO BE APPLICABLE TO ADULT -USE CANNABIS RETAIL BUSINESSES IN ACCORDANCE WITH CHAPTER 40 OF THE SANTA ANA MUNICIPAL CODE CITY COUNCIL MINUTES 36 NOVEMBER 21, 2017 1 OA -36 11E. CONFIRMATION OF AMENDMENT TO ORDINANCE SECOND READING: ADOPT AN ORDINANCE TO CREATE CHAPTER 40 OF THE SANTA ANA MUNICIPAL CODE (COMMERCIAL CANNABIS) — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NOS. 3, 2; 3, 3; 3, 5; 4, 3) - Planning and Building Agency Placed on first reading at the October 17, 2017 City Council meeting and approved by a vote of 4-0 (Pulido and Sarmiento abstained; and Martinez absent) MOTION: Receive and file. ORDINANCE NO. NS -2929 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CREATING CHAPTER 40 OF THE SANTA ANA MUNICIPAL CODE, "REGULATION OF ADULT -USE COMMERCIAL CANNABIS RETAIL ACTIVITIES', TO REGULATE ADULT -USE RETAIL CANNABIS ACTIVITIES AND RELATED DELIVERY SERVICES, EXCEPTING MEDICINAL RETAIL, AND PROHIBITING ALL OTHER COMMERCIAL CANNABIS ACTIVITIES 55D. ADOPT A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ISSUE LETTERS OF OPERATIONAL STATUS FOR EXISTING PERMITTED COMMERCIAL CANNABIS BUSINESSES AND TO EXECUTE OPERATING AGREEMENTS FOR COMMERCIAL CANNABIS BUSINESSES {STRATEGIC PLAN NO. 4, 3) - Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO 2017-074 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ACCEPT APPLICATIONS FOR ADULT -USE CANNABIS RETAIL OPERATIONS AND AUTHORIZING THE CITY MANAGER TO ISSUE OPERATIONAL LETTERS TO THE STATE FOR ANY APPLICANT THAT MEETS ALL CONDITIONS SET FORTH HEREIN AND TO EXECUTE ADULT -USE CANNABIS RETAILER OPERATING AGREEMENTS 65C. CONFIRMATION OF MERIT -BASED CRITERIA FOR ADULT -USE COMMERCIAL CANNABIS RETAIL BUSINESSES {STRATEGIC PLAN NO. 3, 2; 3, 5; 4, 3) - Planning and Building Agency MOTION: Receive and file. MOTION: Approve Items 75B, 11E. and 55D as recommended by staff. CITY COUNCIL MINUTES 37 NOVEMBER 21, 2017 1 OA -37 MOTION: Solorio SECOND: Tinajero VOTE: AYES: Benavides, Solorio, Tinajero, Villegas (4) NOES: Martinez (1) ABSTAIN: Pulido, Sarmiento (2) ABSENT: None (0) PUBLIC COMMENTS (Non-Agenized Items). • Dale Helvig, expressed concern as to development projects in North Santa Ana; North Santa Ana Neighborhood Alliance opposes any rezoning and general plan amendment at proposed development at 2525 Main Street. 90A. CITY MANAGER'S COMMENTS • City Manager Godinez, complimented Parks and Recs staff for their work in the Plaza Navidena event; acknowledged Executive Director Mouet for receiving the Heart of the City award and thanked the City workforce for their dedication this year and wished everyone a happy Thanksgiving. • Councilmember Tinajero, reported City of Santa Ana has been selected as the 2019 as the host site for National College Speech and Debate tournament. ADJOURNED - 9:14 The next meeting of the City Council is scheduled for Tuesday, December 5, 2017 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 • Jail Reuse tentatively scheduled for December 5, 2017 Labor Contracts CITY COUNCIL MINUTES 38 NOVEMBER 21, 2017 1 OA -38 �� lily CITY OF SANTA ANA,' COUNCIL COMMITTEE MEETING AGENDA ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY COMMITTEE MONDAY, NOVEMBER 13, 2017 5:00 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson P. David Benavides, Vice -Chairperson Vicente Sarmiento Recording Secretary: Te M. Gilford PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes from the September 18, 2017 Special Meeting {Strategic Plan No. 5, 11 2. SB -1 Funding Verbal Update {Strategic Plan No. 6, 1} (Fred Mousavipour, PWA) 3. Entitlement Review Process Verbal Status Update {Strategic Plan No. 3, 3} (Candida Neal, PBA) 4. Fiscal Year 2017-18 First Quarter Budget Update {Strategic Plan No. 4, 1} (Francisco Gutierrez, FMSA) 5. Verbal Update on plans for Santa Ana / Garden Grove Joint Meeting Re: Willowick Golf Course {Strategic Plan No. 3, 21 (Marc Morley, CDA) 6. Workers Cooperatives Update {Strategic Plan No. 3, 11 (Marc Morley, CDA) 7. Presentation on Business License Review: Outreach and Feedback {Strategic Plan No. 4, 1} (Francisco Gutierrez, FMSA) 8. Presentation on Affordable Housing Funds Policies and Procedures {Strategic Plan No. 4, 5} (Judson Brown, CDA) Santa Ana City Council Miguel A. Pulido, I Michele Martinez, Vicente Sarmiento, Jose Solono, I P. David Benavides, I Juan Villegas,Sal Tinalero, Mayor Mayor Pro Tem, Ward Ward Ward Ward Ward Ward Mftlidcam nta 2 vsannimmasa to a.o,o Asdomra,nv,oa wo oaenamaesrmsamaana.ao .iveieaosrasant . .oro snoo�e,rassma.ana.om NlMaMnezrdsanlaana I City Hall, 20 Civic Center Plaza . P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714.647-6900 . Agenda Item Inquiries: 714.647.6520 . Website: www.santaana.orq 13A-1 STAFF COMMENTS COMMITTEE MEMBER COMMENTS ADJOURNMENT—The next regular meeting is scheduled for Monday, January 8, 2018, at 5p.m. 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 Il, 28 CFR 35.102] The complete Strategic Plan document is available at http://www.santa-ana.orglstrategic-planning/ ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET 2 November 13, 2017 AND TECHNOLOGY AGENDA 13A-2 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY SPECIAL MEETING MINUTES SEPTEMBER 18, 2017 CALL TO ORDER CITY HALL 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:32 P.M. ATTENDANCE COUNCIL COMMITTEE MEMBERS Present: Vincent Sarmiento (5:32pm) Michele Martinez, Chair P. David Benavides, Vice Chair STAFF Present: COUNCIL COMMITTEE MEMBER(S) Absent: None Robert Cortez, CMO Jorge Garcia, CMO Francisco Gutierrez, FMSA William Galvez, PWA Sergio Vidal, FMSA Fred Mousavipour, PWA Te M. Gilford, CDA, Recording Secretary PUBLIC COMMENTS Gil Salmon wanted to speak up as a Santa Ana resident on two items. The first item is fiber optics in Santa Ana. Mr. Salmon also mentioned that he is excited that the City is aware Amazon is looking for a new headquarter, and is in the process of submitting a proposal. ***END OF PUBLIC COMMENTS*** AGENDA DISCUSSION ITEMS Approval of Minutes from the May15, 2017 Special Finance, Economic Development, & Technology Committee Meeting of May 15, 2017. Motion: Benavides SECOND: Martinez Vote: AYES: Benavides, Martinez (2) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) Economic Development, Infrastructure, Budget & Technology Minutes 1 - 1 September 18, 2017 13A-3 (Item 4 was taken out of order.) 4. Business License Review: Schedule and Plan (Strategic Plan No. 4, 1) Mayor Pro Tem Martinez stated that this item was brought to her attention by one of her constituents, a Santa Ana small business owner. She stated that specifically for home business licenses, the fee is particularly high. Chair Martinez stated that the City wants to be supportive of the over 31,000 small businesses in Santa Ana, and promote new businesses in our community, and encourage entrepreneurs. Chair Martinez' focus is making fees relate to the market and local community, and suggested surveying local business owners to inquire about the process. Francisco Gutierrez, Finance and Management Services Executive Director, presented a comprehensive analysis of our business tax and rate structure. This analysis was also compared to other cities. Mr. Gutierrez stated that the City plans to meet with the Chamber to Commerce to hear their input and include their feedback. Mayor Pro Tem Martinez stated that the City should also look deeper into Airbnb license revenue. Santa Ana has approximately 8,000 residential rental properties with the potential of being an opportunity. Resident Gil Salmon stated that there are currently requirements that make building a business in Santa Ana difficult. For example, the home occupancy permit for renters need home owner approval to operate a home based business. He also pointed out that Airbnb is all over the City. Mr. Salmon stated that Airbnb automatically remits bed taxes, and noted that revenue can be taxed at the same rate as hotels. 2. Update on Fiber Optic Utility Infrastructure / Gigabit Santa Ana (Strategic Plan No. 6, 1C; 1E; 1G; 11) (William Galvez, PWA) William Galvez, City Engineer, provided an update for the City's plan to bring dark fiber to Santa Ana, including resident and business use. In April 2016 with the Master Plan update, funding was not provided with the current proposals. Currently, funding is not available. This program is also contingent on the purchase of street lighting. Finance, Public Works and IT are also looking into a combined fiber with wireless capability to make the project sustainable. Mayor Pro Tem Martinez stated that she has been excited for this project, and is looking forward to the next steps. She suggested not being deterred by lack of funding, and should be looking into small cell sites, or partnering with vendors such as Crown Castle, to tie into their fiber. Assistant to the City Manager, Jorge Garcia stated that SB -649 (This bill would provide that a small cell, as defined, is a permitted use, subject only to a specified permitting process adopted by a city or county, if the small cell meets specified requirements) passed legislature and should be signed mid-October. He also stated that 13 states currently have this, and 12 more states are on the docket. The City has reached out to both AT&T and Verizon to get the most value for our citizens. Mayor Pro Tem Martinez requested an update be provided to Council. Economic Development, Infrastructure, Budget & Technology Minutes 1 - 2 September 18, 2017 13A-4 3. Update on Purchase of SCE -owned LED Streetlights — Presentation {Strategic Plan No. 6, 1C; 1G) (William Galvez, PWA) William Galvez, City Engineer, stated that the option to purchase 7,800 streetlights went to Council. Finance is working on a transition plan, to switch over approximately 1,000 street lights per month. Currently, 95% of the City is covered by the lighting plan, and we will focus on which poles need to be knocked down. A total of approximately 4,000 lights will remain Southern California Edison (SCE) owned. The City plans to continue working on securing those poles, including placing sensors to capture information data. SCE originally wanted to bring the purchase back to Council. LED improves visibility, breaking time, and reduced maintenance costs by almost 1 million dollars per year. Currently we are at a status quo until we can determine a finance plan. For City's owner light posts, staff will be responsible for maintenance duties, and will utilize a contractor for any knockdowns. ITEMS MOVED TO NEXT COMMITTEE MEETING: None PUBLIC COMMENTS: None COMMITTEE MEMBER COMMENTS Chair Martinez i Look into pension and PARS update on where we are in Santa Ana. Reduce the City's liability for next budget cycle. Look into resources going forward to be proactive with water grant opportunities, since the City cannot use potable water any longer in medians. Requested that staff submit a memo including a list of Senate Bill 1 (SB -1) Road Repair and Accountability Act of 2017 projects, ordered by resolution to present to Council by the October deadline. Vice Chair Benavides Requested that Economic Development Staff provide an update, including business attraction and retention, and the status of the new Economic Development Specialists position to Council. ADJOURNED: 6:46 p.m. The next Economic Development, Infrastructure, Budget, and Technology meeting is scheduled for Monday, November 13, 2017 at 5:00 p.m. f G Te M. Gilford Recording Secretary Economic Development, Infrastructure, Budget & Technology Minutes 1 -3 September 18, 2017 13A-5 13A-6 CITY OF SANTA ANA COUNCIL COMMITTEE COMMITTEE MEETING AGENDA PUBLIC SAFETY, CODE ENFORCEMENT AND NEIGHBORHOOD EMPOWERMENT November 14, 2017 5:30 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Chair Solorio, and Committee Members V[Ilegas, Tinajero. Staff: Police Chief, OCFA Division Chief, Assistant City Attorney Recording Secretary: Elizabeth Plotnik PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Approval of Minutes from the September 12, 2017 Meeting. 2. Approval of Minutes from October 2, 2017 Meeting. 3. Approval of Minutes from October 10, 2017 Meeting. 4. Update on Police Officer Recruitment and Hiring — Manager Carroll {Strategic Plan Goal No. 1, 1i) (Continuous Information Item) 5. Presentation on Shotspotter Technology {Strategic Plan Goal No. 1, 2a) DIf 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 l� accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.1021 Santa Ana City Council Miguel A. Pulido, Michele Martinez, Vicente Sarmiento, Jose Solodo, I P. David Benavides, I Juan Villages, I Sal Tinajero, Mayor Mayor Pro Tem, Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 Mh�iEonu umaana ora Ward 2 VSmmiems¢samaaiu mo JSalodo®zamea VUMdae®ume -as JMMas®,amaaiu wa sTnalerofdsanla-ana.am Mma,nna�wnla-a,w ma y City Hall, 20 Civic Center Plaza 88 9 Santa Ana, California 92702 Mayor & Council Telephone: 714-647-6900 • A9e d 9n uiries: 714-647-6520 • Website: www.santa-ana.oro 6. Review and Possible Action Regarding Draft Ordinance on Abandonment of Homeless Individuals in Santa Ana — CAO {Strategic Plan Goal No. 5, 3d} 7. Review and Possible Action Regarding City of Sacramento's Ordinance on Aggressive Panhandling COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS ADJOURNMENT — The next Public Safety and Neighborhood Improvement meeting is scheduled for Tuesday, January 9, 2018, at 5:30 PM at the City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana, CA. The complete Strategic Plan document is available at http://www.santa-ana.org/strategic-planning/. 13A-8 CITY COUNCIL COMMITTEE ON PUBLIC SAFETY, CODE ENFORCEMENT &r MINUTES CALL TO ORDER: ATTENDANCE: MEMBERS ABSENT: STAFF PRESENT: September 12, 2017 Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:39 PM Council Committee members: Jose Solorio Juan Villegas Sal Tinajero Cynthia Kurtz, CMO - David Valentin, PD Ken Gominsky, PD OD EMPOWERMENT Robert Cortez, CMO James Schnabl, PD Robert Carroll, PD Tamara Bogosian, CA Candida Neal, PBA Jorge Garcia, CMO Randy Black, OCFA Judson Brown, CD Alvaro Nunez, PBA Yessenia Aspeitia, PD Elizabeth Plotnik, Recording Secretary PUBLIC SPEAKERS: Jose Rea, concerned constituent, Madison Park NA Connie Hamilton, concerned constituent, South Coast NA Nancy Lutz, concerned constituent, Washington Square NA Susan Van der Roest, concerned constituent, Washington Square NA Ginelle Hardy, concerned constituent, Heninger Park NA Mary Thornton, concerned constituent, Wilshire Square NA Tom Lutz, City Liaison, Washington Square NA Chris Schmidt, concerned constituent, Windsor Village NA 1 13A-9 PUBLIC COMMENTS Jose Rea, resident of Madison Park neighborhood, shares letters written by the Health & Neighborhood Alliance, in support of installing security cameras in the parks. He believes all the parks in the City need to be made safer, before adding additional parks. He also comments on Mariscos Hector, by stating he does not support an expansion of their liquor license. Connie Hamilton, concerned constituent, requests an update from the Police Department on the body worn camera program. She also inquires about the status of a customer service survey of the Police Department's response times and overall service, as this idea was once proposed but hasn't come to fruition. Ms. Hamilton also comments on fireworks, asking they be made illegal, and shares her gratitude for action taken to address the CA Lodge. Lastly, Ms. Hamilton suggests OCFA implement a plan for residents to use FRS radios to communicate, in case of emergency. AGENDAITEMS 1. Approval of Minutes from July 11, 2017 Meeting. 2. Update on Recommended Accessory Dwelling Unit Ordinance — Candida Neal, Planning and Building {Strategic Plan No. 5, 3) Planning Manager Candida Neal addressed the Council Committee with an update on a draft ordinance for accessory dwelling units, in response to community members' input during the initial ordinance update period of late 2016 thru early 2017. She discussed the issues of parking, lack of open space, and overcrowding and provided criteria and standards to address each issue. While the state law says that criteria should not be related to parking, an exemption can be made for accessory dwelling units, within half a mile of public transit, to not be required to have parking provided. Manager Neal explains that the City can specifically define "public transit" to limit where the exemption would apply. She gives suggestions of standards that would ensure ample open space, and states there are sufficient water and sewer resources to support accessory dwelling units. Candida also addressed the concern of insufficient police services, stating that while the issue has been discussed, restrictions cannot be made that would inhibit the development of new accessory dwelling units, and that therefore criteria for police services needs to be researched further. PUBLIC COMMENTS (pertaining to Item No. 2) 2 13A-10 Nancy Lutz, resident of Washington Square neighborhood, comments on the development of accessory dwelling units in the City, sharing her concern about insufficient services. She suggests that the ordinance require unit occupants be the owners. Susan Van Der Roest, resident of Washington Square neighborhood, shares her concerns about public safety. Given the lack of officers and delay in response to calls for service, Ms. Van Der Roest suggests that public safety be more strongly considered. She also suggests asking the State of California for an extension in drafting the ordinance, to allow more time for community input. Ginelle Hardy, resident of Hedinger Park shares her appreciation of the draft, but seeks clarification about whether the permitted detached unit is required to be within the residence or free-standing. Ms. Hardy also inquires further about exemptions. Mary Thornton, resident of Wilshire Square, requests additional time for community input, and agrees with comments made by other speakers. Ms. Thornton adds that, to ensure privacy, neighbors should be allowed review applications prior to a unit being approved. She inquires about illegal units and minimum lot size. Tom Lutz, City Liaison of Washington Square, inquires about the necessary sense of urgency in creating the ordinance, -as he was never informed in meetings. He also requests that City staff provide the Washington Square neighborhood association a presentation about the development of accessory dwelling units, to properly inform residents. Manager Neal provides a response to public comments, stating that the units are required to be owner -occupied, and that there are exemptions for pre-existing units. She also notes that additional presentations will be scheduled at neighborhood association meetings, to answer any further questions and gain public feedback. Lastly, Manager Neal states that staff will continue to research criteria pertaining to privacy, and clarifies why these units are considered affordable housing. ACTION: Chairman Solorio: requests that Planning and Building Staff continue to review criteria pertaining to parking, to ensure any provisions made are in line with State laws requirements. Chairman Solorio also directs Staff to consider possible insufficient Police services, especially in more dense areas of the City, to ensure public safety needs are not made worse by new accessory dwelling unit developments. Chairman Solorio also requests that follow up be provided about what items, aside from open space, were considered. 3 13A-11 (Item No.4 is taken out of order.) 4. Update on Mariscos Hector and Impact to Neighborhood— Planning and Building, Public Works and Santa Ana Police Department {Strategic Plan No. 5, 41 Commander Gominsky reviews recent police -related issues pertaining to the activity that has taken place at the Mariscos Hector location, located at 1208 E. McFadden, stating that it is located in the 18`h most active police grid in the City. As this location is requesting to change its alcohol license, the police department reviewed the activity in and around the business, to provide recommendation as to whether or not to approve license change. Manager Neal added that while the Planning Commission has not taken any action, this business is operating within the parameters of their Conditional Use Permit. She added that if there are concerns, the business owners and Department of Alcoholic Beverage Control (A.B.C.) can be contacted. ACTION: Chairman Solorio: requests that recommendations made by the Police Department, as well as suggestion to contact the owners and A.B.C., be taken to the Planning Commission for serious consideration. Additionally, Chairman Solorio requests a written memorandum be provided for further clarification, with an update for each location, as there are multiple locations in the City with the same business name. Co -Chair Villegas: states that complaints of parking and drinking were shared at a recent Minnie Street neighborhood meeting, and therefore the business's alcohol license should not be changed. Co -Chair Villegas suggests continued monitoring of the activity, before the Planning Commission makes a decision on the potential alcohol license change. 5. Update on Open Government/Police Operations — Chief David Valentin {Strategic Plan No. 1, 21 Chief Valentin addresses the Council Committee with an informational overview of a new link to _ be created on the Police Department's webpage, entitled "Open Government". The purpose of this link is to enhance transparency of Police Operations, by providing the public with the following information: Use of Force, Community Complaints, and FBI Part 1 Crime Data. 4 13A-12 6. Update on Police Officer Hiring — Deputy Chief Schnabl and Manager Carroll {Strategic Plan No. 1, 21 Manager Carroll presents the Council Committee with an update on Police Officer hiring, by reviewing the number of vacancies compared to filled positions year-to-date, as well as the number of additional officers that are projected to be hired. Manager Carroll also shared additional considerations, such as a Lateral Incentive Program, additional funding for marketing, and additional staffing for the Background Unit that would aide in hiring more officers. Deputy Chief Schnabl adds that Santa Ana Police Department will not lower its standards, unlike other police agencies. Chief Valentin clarifies that a shorter academy would be a possibility only for Park Rangers and not Police Officers, as they would have a different classification with different standards. ACTION: Chairman Solorio: suggests considering a bonus program for recruits, in addition to a lateral recruitment incentive. He also suggests changing job classifications as a solution to hiring individuals to work as Park Rangers. Co -Chair Villegas: states that he does not support a shorter academy or lowered standards for police officers, but continues to stress the need for hiring more officers. (Item No.3 is taken out of order.) 3. Homeless Planning — Presentation — Judson Brown, Community Development Homeless Prevention, Intervention and Mitigation — Robert Cortez, City Manager Office {Strategic Plan No. 5, 3d} Housing Division Manager Judson Brown provides the Council Committee a presentation on homelessness in the City and County, sharing the current population of homeless, common causes, and average costs to address homelessness. Included in the presentation is a recap of how the City and County has responded to homelessness and what funds are budgeted to reduce homelessness. Manager Brown noted that two main causes of homelessness are loss of job and lack of affordable housing, and provides suggestion on how the City can continue to partner with local agencies and approval referral agencies, to provide City's homeless with career counseling, housing vouchers, etc. City Manager Kurtz provided an overview recommended actions to be implemented, noting that coordination with the County of Orange, neighboring cities and organizations is essential to 5 13A-13 addressing homelessness. City Manager Kurtz also seeks the Council Committees approval of creating a City Homeless Services Manager position and taking it to City Council. Co -Chair Villegas inquires about the Needle Exchange Program, to which Robert Cortez explains that the current agreement is set to expire in February 2018, and a potential renewal process is being reviewed. The Exchange Program provides 20 new needles, for every one old needle, with a maximum of 200 per week. Additionally, Robert Cortez notes that an amendment to increase the frequency of trash pickups and pressure washings will be proposed at an upcoming City Council meeting. PUBLIC COMMENTS (pertaining to Item No. 3) Chris Schmidt, concerned resident of the Windsor Village neighborhood, shares his support of the recommended action and creating a City position to address the homelessness. He shares details of an incident in which the County responded to assist in a homeless encampment fire, as an example of why the need for creating a position and action plan is necessary. Chairman Solorio makes a motion to recommend Staff s proposed action plan to City Council. MOTION: Solorio SECOND: Villegas VOTE: AYES: Villegas, Solorio NOES: None (0) Motion carries. ACTION: Co -Chair Villegas: Shares his support of creating the Homeless Manager position, but also requests that additional individuals be hired to address individuals with mental health concerns, to ensure 7 -day week coverage. Co -Chair Villegas also requested more follow-up for individuals with mental health concerns, and for continued cleaning and trash pickups in the Civic Center. Chairman Solorio shares that the County has 100 acres of land near the Great Park, to be used for institutional purposes, including a homeless shelter. Therefore, he requests advocacy for using this land for a shelter. Additionally, Chairman Solorio requests support for the Fairview developmental center becoming a mental health facility. After sharing some examples of tactical ideas to addressing the homeless, Chairman Solorio requests an email update from SAPD and OCFA with the number of calls for service, year-to-date, that are related to homelessness. 6 13A-14 Chairman Solorio notes that a Special Meeting will be held to discuss implementation of future marijuana policy items. COMMITTEE MEMBER COMMENTS Co -Chair Villegas thanked the staff and everyone present for their hard work. Chairman Solorio agrees with Villegas' comments. FUTURE ITEMS ADJOURNMENT — 8:03 P.M. i AVID VALENTIN Acting Chief of Police ep 13A-15 13A-16 C4"11`KI]WE.". YY.. .Vv". CITY COUNCIL COMMITTEE ON PUBLIC SAFETY, CODE ENFORCEMENT & NEIGHBORHOOD EMPOWERMENT MINUTES SPECIAL MEETING October 2, 2017 CALL TO ORDER: Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:39 PM ATTENDANCE: Council Committee members: Jose Solorio Juan Villegas Sal Tinajero MEMBERS ABSENT: N/A STAFF PRESENT: Cynthia Kurtz, CMO Robert Cortez, CMO David Valentin, PD Tamara Bogosian, CAO Candida Neal, PBA Jorge Garcia, CMO Randy Black, OCFA Judson Brown, CD Alvaro Nunez, PBA Willard Holt, FMS Yessenia Aspeitia, PD Elizabeth Plotnik, Recording Secretary PUBLIC SPEAKERS: Peter Katz, President of Com -Link Gil Salmon, concerned constituent of Ward 2 Chad Wanke, Government Affairs consultant Chris Glew, Santa Ana Cannabis Association Irma Macias, concerned resident Melahat Rafrei, Santa Ana Cannabis Association 1 13A-17 AGENDA ITEMS 1. Proposed Ordinance Regarding Adult Use, Distribution, Cultivation, Manufacturing and Testing of Marijuana — Acting Executive Director Candida Neal, Planning & Building {Strategic Plan Goal No. 1, 1C} Members of Staff provided a PowerPoint presentation, providing details of the elements included in draft ordinance. Deputy City Manager Robert Cortez made note that the ordinance is specific to adult and commercial uses, and did not affect Measure BB. Assistant City Attorney Tamara Bogosian reviewed Proposition 64, and provided the staffs recommendation to allow and regulate medicinal, adult -use and commercial cannabis activities. Executive Director Candida Neal provided an overview of the draft ordinance, which was prepared based on Committee and community feedback. The draft ordinance would allow for both medicinal and adult -use cannabis, only in the industrial areas of the City, and would require additional uses to pay tax payments or fees. Additionally, Director Neal reviewed the limit for each type of cannabis license, as well as the permit process for each business, while suggesting a merit point system as a solution in determining licenses given. Treasury and Customer Services Manager Willard Holt provided an estimate for the amount of revenue generated with implementation of the ordinance, by specifying the revenue for each type of additional cannabis use, and comparing it to the amount necessary to fund enforcement. Code Enforcement Manager Alvaro Nunez discussed the Cannabis Enforcement Taskforce, and gave an overview of enforcement measures taken so far. Lastly, Robert Cortez explained the anticipated timeline to implement the ordinance. PUBLIC COMMENTS Peter Katz, suggests increased security measures at Eddie West Field and Main Place Mall, in light of the tragic event that took place in Las Vegas. Additionally, he asks that proper funding be allocated to the Police Department for enforcement of recreational marijuana use. Gil Salmon, resident of Ward 2, suggests that personal cultivation be made legal, which would allow the City to apply for grant funding of police enforcement and health services. Additionally, he shares his concern about sufficient law enforcement, after recapping recent illegal drug activity in his neighborhood. 2 13A-18 Chad Wanke, a land -use and government affairs consultant, provides the Committee with a written recommendation of a proposed amendment to the Cannabis Municipal Code. This proposed amendment would allow permittees to change dispensary locations, upon approval from the City. Chris Glew, Santa Ana Cannabis Association, suggests that operational status of additional recreational license categories, be given to applicants, prior to January 1, 2018, to ensure they are made eligible for business. Additionally, he suggests the number of distribution and manufacturing licenses be the same, and that microbusiness licenses be made available. Irma Macias, a concerned resident, shares her disapproval of recreational licenses as a way to bring the City revenue. Additionally, she feels that there is not enough funding for law and code enforcement, therefore making the City less safe. Melahat Rafrei, Santa Ana Cannabis Association, requests that it be noted on the record that the Santa Ana Cannabis Association does not support the amendment about business relocations. Additionally, she asks that the Committee consider microbusiness licenses, to promote economic equity, and that more funding be provided for youth programs and anti -cannabis education programs. ACTION: Chairman Solorio: In noting that State Law requires labor agreements for businesses with 20 or more employees, Chairman Solorio recommends that the ordinance must also consider mirroring this law, or be similar to the law in Long Beach, which is 3 or more employees. Additionally, Chairman Solorio asks that ordinance include defined verbiage pertaining to operational status, to ensure applications are received, and permits are granted accordingly. Lastly, Chairman Solorio requests that Staff create a merit point system in awarding licenses, and that an increase of distribution licenses be considered. Committee Member Tinajero: Asks that the written proposed amendment, about business relocations, be considered and incorporated in the ordinance. Additionally, Committee Member Tmajero asks that funding be provided to the school district for an anti-smoking campaign, to educate children about not smoking marijuana. RECCONIENDATION. Bring this item back for further discussion at another Special Meeting, prior to going to Council on October 17, 2017. 3 13A-19 COMMITTEE MEMBER COMMENTS Co -Chair Villegas: While he does not support the marijuana industry, Co -Chair Villegas is committed to public safety, and bringing forward a good draft ordinance. Councilmember Tinajero states that an additional Special Meeting be held, prior to going to Council. Co -Chair Villegas agrees that an additional Meeting be held. FUTUREITEMS ADJOURNMENT — 6:41 P.M. DAVID VALENTIN Acting Chief of Police ep 4 13A-20 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY, CODE ENFORCEMENT & NEIGHBORHOOD EMPOWERMENT MINUTES SPECIAL MEETING October 10, 2017 CALL TO ORDER: Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:44 PM ATTENDANCE: Council Committee members: Jose Solorio Juan Villegas Sal Tinajero MEMBERS ABSENT: N/A STAFF PRESENT: Cynthia Kurtz, CMO Robert Cortez, CMO Tamara Bogosian, CAO Candida Neal, PBA Jorge Garcia, CMO Alvaro Nunez, PBA Willard Holt, FMS Jason Viramontes, PD Yessenia Aspeitia, PD Elizabeth Plotnik, Recording Secretary PUBLIC SPEAKERS: Peter Katz, President of Com -Link Chad Wanke, Land Use and Government Affairs Consultant Irma Macias, concerned resident Melahat Rafiei, Santa Ana Cannabis Association Jayson Quinones, Santa Ana Cannabis Association Jason Lilly, Kannabis Works Dispensary 1 13A-21 AGENDAITEMS 1. Proposed Ordinance Regarding Adult Use, Distribution, Cultivation, Manufacturing and Testing of Marijuana — Acting Executive Director Candida Neal, Planning & Building {Strategic Plan Goal No. 1, 1C} Recommended Action: Review the proposed ordinance and recommend adoption by the City Council at the October 17, 2017 City Council Meeting. Robert Cortez provides the Council Committee with a presentation of recommended modifications to the ordinance, sharing that the definition of and reference to delivery are consistent with Measure BB. Robert Cortez also explained that the limit of distribution licenses would be increased to 20, and that labor agreement verbiage that is in line with State requirement, would be added. As brought forward by the community, edits were made to the Operating Standards Section. In response to suggestions made at the previous meeting, Staff recommends continuing with the current location specific permits, and suggests additional items to be considered as part of the application/merit system process. Lastly, Robert explains that the in -lieu tax agreements will be based on square -footage and gross receipts tax of 8% on sales of goods. PUBLIC COMMENTS Peter Katz, concerned constituent, inquires about the Rohrbacher Amendment's upcoming expiration on October 31, 2017, and the potential affect it could have on the City's liability for dispensary raids. Tamara responds, stating that an indemnification provision was included to address the City's liability, given the uncertainty of the renewal of the Rohrbacher Amendment. Chad Wanke discusses the relocation permit, stating that the City should consider a method to transfer locations in case of a structure fire, to avoid businesses from having to start the application process again from the beginning, and to avoid loss of revenue. Chairman Solorio responds, clarifying that currently, businesses overseen by Alcoholic Beverage Control are required to reapply from the beginning in the instance of structure fire, and therefore the City will do the same. However, in the firture, the possibility of relocation could be considered. He also added that since there is still a waiting list, it'd be better to go through it before allowing business locations to move. 2 13A-22 Irma Macias, shares her opposition to the ordinance and the activities that it pertains to. She feels that the City can gain revenue in other ways. Melahat Rafiei, from the Santa Ana Cannabis Association, inquires about the timeline in the application process, and asks for more time to obtain operational status. She also asks Staff to consider allowing volatile manufacturing. Tamara Bogosian responds to the inquiry about operational status, stating that Staff is considering that a business could be deemed operational when license is granted, for that particular cannabis activity. Robert Cortez further clarifies that the intent is that the application process would start when the ordinance gets its second reading, which would allow sufficient time to approve licenses by January 2, 2018. Chairman Solorio asks Melahat her opinion about whether or not she envisions retail businesses wanting cultivation licenses, to which she suggests Jayson Quinones and Jason Lily provide a response. Jayson Quinones, President of Santa Ana Cannabis Association, states that it is dependent on the size of the location, in determining cultivation. Jason Lilly, of Kannabis Works, adds that 40 would be an ideal amount of distribution licenses, stating that if 20 cultivation and 20 manufacturing licenses are granted, each would need to be distributed. Melahat Rafiei shares her opinion about taxation, stating that if too expensive, the potential for black market activity increases, and asks that consideration be made for determining taxation. Chad Wanke warns that if manufacturing licenses are limited and become maxed out, other cities will potentially take advantage and in tum get the tax revenue. ACTION: Chairman Solorio: Asks Staff to provide more clarity on when applications are due, when considering the timeline of operational status, and amend the labor agreement to apply to businesses with two or more employees. Additionally, Chairman Solorio directs Staff to consider permitting volatile manufacturing. Committee Member Tinajero: Prior to the October 17, 2017 City Council meeting, Committee Member Tinajero asks that research be conducted about volatile manufacturing and be proposed to City Council for consideration. Additionally, Committee Member Tinajero suggests consideration of increasing of the number of distribution licenses, to meet potential demand. 3 13A-23 Chairman Solorio makes a recommendation that the draft ordinance be presented to Council, but requests that the labor agreement reflect what Long Beach's standard of 2 or more employees Committee Member Tinajero makes a motion to move this item to Council on October 17, 2017. MOTION: Solorio VOTE: AYES: NOES: Motion carries. SECOND: Tinajero Solorio, Tinajero Villegas COMMITTEE MEMBER COMMENTS Chairman Solorio suggests considering volatile manufacturing of cannabis be allowed in industrial zones only, with proper equipment and safety standards, as there are already a variety of manufacturing businesses in the industrial zones that are already using similar solvents. Additionally, he shares his appreciation of labor agreements being included. Co -Chair Villegas states that Medical Marijuana tax should be increased to 7% and that retail tax should be higher than 8%, to help with public safety and enforcement. Additionally, Co -Chair Villegas is concerned about the City's youth and wants to ensure after school programs are well - funded. Committee Member Tinajero recaps his involvement in creating Measure BB, stating that it was created to ensure dispensaries were built in industrial zones only, and not in commercial areas as Measure CC noted. As revenue comes in, Council can allocate fiords accordingly to protect the kids. Additionally warns that if tax percentage is too high, it creates a "black market". FUTUREITEMS ADJOURNMENT — 6:41 P.M. DAVID VALENTIN Acting Chief of Police ep 4 13A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 Iffiq= RECEIVE AND FILE CERTIFICATION AND APPROVAL OF FINAL PARCEL MAP NO. 2015-138 BY CITY ENGINEER (1600 EAST SAINT ANDREW PLACE) (STRATEGIC PLAN NO. 3, 2) �I/ILLI/I ClgMANAGER Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER This action informs the City Council of the imminent approval of this subdivision, based upon the Subdivision Map Act and meeting of all the conditions of approval set by the City. The City Engineer has received Final Parcel Map No. 2015-138 (City Parcel Map No. 2015-02) for 1600 East Saint Andrew Place (Exhibit 1) from the Pacific Center Owner, LLC, a Delaware Limited Liability Company, and is in the process of reviewing the map for technical accuracy and final approval. This map approves subdividing a parcel into two industrial parcels leaving each parcel with an existing building. The parcels are located in the Specific Development No. 69 (SD -69) Zoning District, which is consistent with the General Plan land use and the zoning designation. Tentative Map No. 2015-138 was approved by the City Council on August 16, 2016. Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of December 5, 2017. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #3 - Economic Development, Objective #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 imp asso iated with this action. F ousavipour Executive Director Public Works Agency Exhibit 1: Map 17A-1 17A-2 CURB M CUTTER _ _ 184' 7 47 _ SAINT °` I 551.52' R-1157' ANDRE LACE R�27' L-186, 97. _ L-42.41' 586.03, 33' 84' R=34' I PARCEL 1 L=51.93' • n O1 �o 50 1 0 481.98' m I 'CMMS57.16' 518.01' 392.16.43'481.98'IxOCUTTER - m PARCEL 2 N F 65' ^ W ^� n Z m W I 974.48' Q O Z< Lu lY W LSI I rr SAINT GERTRUDE PLACE r o J� J EXHIBIT 1 SANTA ANA TiUe: �' Gtr caaa<a PARCEL MAP N0. 2015-138 Agenda Date: l December s. ao1' 1600 ST. ANDREW PLACE RBL are¢wan 17A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO —D' FILE NUMBER CITY TANAGER RECOMMENDED ACTION Approve the request for the destruction of obsolete records from the Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013-014 outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 56 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to, retain records past the minimum requirements. 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. Exhibit: 1. Request for Destruction of Records — Public Works Agency 19C-1 19C-2 MEMORANDUM� To: Sonia Carvalho, City Attorney Date: November 6, 2017 From: Margaret Mercer, Public Works Administrative Services Manager Subject: Request for Destruction of Records The Public Works Agency requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2013-014. Thank You, q*wv- m�— Mirgdrk Mercer Administrative Services Manager Public Works 19C-3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Public Works Agency 2016 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD DATES Maintenance Environmental Sanitation (5 years) Weed Abatement Notices Returned Mail 2008, 2009, 2010 Environmental Sanitation (5 years) Weed Abatement Assessments 2011 Environmental Sanitation (2 years) City -owned Property Clea nin Work Orders 2007, 2008, 2008, 2009, 2010 Environmental Sanitation (5 years) Weed Abatement Notices January 2011 Through October 2011 Environmental Sanitation (2 years) Temporary Fence Installation Invoices 2010, 2011, 2012, 2013 Environmental Sanitation (2 years) Maintenance Crew Work Orders 2011, 2012, 2013, 2014 Median Landscape (2 years) Irrigation Controller Manuals 1990 Trees 5 years)Daily Work Sheets 2010 & 2011 Trees (2 years) Daily Reports 2009, 2010, 2011, 2012, 2014, 2014 PREPARED BY: Joseph ffendoza Date Records Specialist RECORDS DESTROYED: Number of Boxes APPROVED BY: Sonia R. Carvalho, City Attorney JW M. Funk Assistant City Attorney 19C-4 CONSENT BY: Margare Mercer Date Administrative Services Manager PP OVEDnnBY: I - i / ) '/ w Fred Mc usavipour I Date Executive Director of Public Works Record Category: Record Series: Record Description: Record Start Date: Record Retention: Custodian: Total Bankers Boxes: Record Category: Record Series: Record Description: Record Start Date; Record Retention: Custodian: Total Bankers Boxes: Record Category: Record Series: Record Description: Record Start Date: Record Retention: Custodian: Total Bankers Boxes: Record Category: Record Series: Record Description: Record Start Date: Record Retention: Custodian: Total Bankers Boxes: Public Works Agency Files to be destroyed Maintenance Environmental Sanitation Weed Abatement Notices Returned Mail 2008, 2009, 2010 5 Years City Yard 1 Maintenance Environmental Sanitation Weed Abatement Assessments 2011 5 Years City Yard % Box Maintenance Environmental Sanitation City -owned Property Cleaning Work Orders 2007,2008,2008,2009,2010 2 Years City Yard 1 Maintenance Environmental Sanitation Weed Abatement Notices January 2011 Through October 2011 5 Years City Yard Box 19C-5 Record Category: Maintenance Record Series: Environmental Sanitation Record Description: Temporary Fence Installation Invoices Record Start Date: 2010, 2011, 2012, 2013 Record Retention: 2 Years Custodian: City Yard Total Bankers Boxes: 1 Record Category: Maintenance Record Series: Environmental Sanitation Record Description Maintenance Crew Work Orders Record Start Date: 2011, 2012, 2013, 2014 Record Retention: 2 Years Custodian City Yard Total Bankers Boxes: 1 Record Category: Record Series: Record Description: Record Start Date: Record Retention: Custodian: Total Bankers Boxes: Record Category: Record Series: Record Description: Record Start Date: Record Retention: Custodian: Total Bankers Boxes: Maintenance Median Landscape Irrigation Controller Manuals 1990 2 Years City Yard 1 Maintenance Trees Dally Work Sheets 2010 & 2011 5 Years City Yard 1 19C-6 Record Category: Maintenance Record Series: Trees Record Description: Daily Reports Record Start Date: 2009, 2010, 2011, 2012, 2014, 2014 Record Retention: 2 Years Custodian: City Yard Total Bankers Boxes: 1 19C-7 19C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE RECEIVE AND FILE PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR NOVEMBER 2017 (STRATEGIC PLAN NO. 5, 1) CITY M AGER RECOMMENDED ACTION Receive and file. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER The November 2017 Capital Improvement Program (CIP) 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. The CIP Executive Summary Schedule is available on the City's website at: http://santa-ana/pwa/documents/ExecutiveMonthIvCI PU pdateNovember2017. pdf The following remarks are provided to note significant issues related to CIP projects: Washington Elementary Safe Route to School Improvements In November of 2017, the City completed installation of a new traffic signal at Flower Street and Anahurst Place. This project was developed with input and support from the Memorial Park Neighborhood and Santa Ana Unified School District. Project amenities included left turn arrows to the signal at Flower Street and Warner Avenue, and construction of curb bulb -outs at Anahurst Place and Garnsey Street to allow for safer crossing of the intersection. The design and construction were completed using grant funds from the State's Active Transportation Program. Following completion of the project, the City held a "signal turn -on" ceremony which was attend by Councilmember Sarmiento, parents and students from Washington Elementary, and neighborhood representatives, as well as staff from SAUSD and the City. Westminster Rehabilitation from Harbor to Fairview The City's Pavement Management System has identified Westminster Avenue from Harbor Boulevard to Fairview Street as a priority for rehabilitation to prevent further deterioration of the pavement due to weather, age, and heavy usage. In October of 2017, the City submitted a funding request to use SB1 funds (Road Repair and Accountability Act of 2017) for Westminster Avenue Rehabilitation from Harbor to Fairview. Design is complete and this shovel ready project will be advertised in early 2018 following adoption of eligible SB1 funds projects by the CTC. 1901-1 Monthly CIP Executive Report for November 2017 December 5, 2017 Page 2 of 3 Design of Various CIP Projects Public Works Agency is currently reviewing proposals to recommend awarding a list of on call engineering consultants specializing in Civil, Structural, Geotechnical, Mechanical, Electrical, Surveying, and Land Development. The on call list will be for projects which have sensitive turn around schedules. These agreements are anticipated to be presented to City Council for approval in the First Quarter of 2018. Pacific Electric Park Project This project consists of developing a new City park on a 1.4 acre site. The park includes outdoor theater seating, large shade structure, full restroom facility, workout equipment area, toddler & child play lots, and a secured community garden. Other features include park access via bridge, lighted walkways, drought tolerant landscaping, fruit trees, and a bioswale around the perimeter of the park that can retain both dry weather flow as well as typical storm flow. The site work is approximately 75% complete, and the restroom building is approximately 95% complete. The anticipated completion is late December 2017. 1901-2 Monthly CIP Executive Report for November 2017 December 5, 2017 Page 3 of 3 -'-7 .- �_ STRATEGIC PLAN ALIGNMENT 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 fisc past associated with this item wl - Fred Mousavip Executive Director Public Works Agency FM/LO Exhibit 1: CIP - Executive Summary Schedule 1901-3 19D-4 9 i* cc W m O 2 W O 1 O 2 F < r V L 9 C n V Y g m E Y u a' n O V E. 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DISCUSSION CLERK 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 The California Governor's prohibition on continued irrigation of ornamental grass in public street medians inadvertently affected median trees. City staff immediately took measures to ensure that the median trees would survive the California drought. Over the last two years, staff has been manually watering median trees using a water tank and water soil injections. However, now that the ornamental grass has withered, staff may instead use the existing irrigation systems to water the trees as the primary target of the irrigation. Below is a summary of how irrigation will be performed for median trees to provide short-term relief. Long-term solutions will also be established, but that will require a comprehensive plan developed by an arborist, in consultation and engagement by our Environmental and Transportation Advisory Committee (ETAC): 1. Resume irrigation for median trees utilizing existing sprinkler irrigation system at median locations where trees exist. No additional funding will be required. 2. Reallocate up to $100,000 of funding from existing median tree and landscape maintenance operations to cover the cost of a demonstration pilot project which will convert existing median irrigation systems to an exclusive tree watering system. The demonstration project may be selected in consultation with ETAC. 3. Engage an arborist to assess the health of the City's median trees, and present those findings to ETAC so that the City may develop holistic, long-term, cost-effective solutions. After development of a long-term plan and review by ETAC, the comprehensive plan will be reported and presented to the City Council. The report will include statistics on the City's urban 19E-1 Street Median Tree Irrigation Plan December 5, 2017 Page 2 forest, indicators to help monitor the health of trees in medians, and follow-up plans to review tree care implementation related to median trees. However, immediate steps to automatically water trees will not only benefit trees, but it will also provide a cost-effective alternative. As the new Public Works Agency budget for FY 2018-19 is developed, funding will be identified to support the long-term needs. Staff anticipates that a report for City Council consideration will be ready in spring 2018. BACKGROUND The Public Works Agency manages the City's extensive municipal urban forest of nearly 49,000 street trees providing an expansive canopy, and coordinates the planting, care and pro -active pruning cycle of more than 200 species based on the International Society of Arborist standards. As a result of Santa Ana's high level program, it has been designated Tree City USA for 17 consecutive years by the Arbor Day Foundation, which provides benefits to our community in recognition and assistance in establishing a framework for a healthy tree program. Healthy urban forests reduce energy costs, build stronger ties in neighborhoods, and can boost property values from 7 percent to 20 percent, according to the Arbor Day Foundation. Recognizing these benefits, the City has placed great importance on maintaining healthy City trees, even while faced with the additional challenges during the past six years of California's record drought conditions, similar to all cities across the state. Coupled with the drought, the record high temperatures in recent years have also increased tree demands for water and added considerable stress, making trees more susceptible to disease and insects that damage and potentially kill them. Staff has endeavored to mitigate the negative impacts of the drought, record heat, infestation, and tree impacts associated with the prohibition of watering medians. On June 2, 2015, in response to the Governor of California's Executive Order B-29-15 prohibiting irrigation of public street median ornamental turf (grass) with potable water, City Council directed staff to discontinue all irrigation of city medians. This Council direction still remains in effect. Given that both the grass and trees in the city medians are watered by the same irrigation system, Public Works Agency staff reassigned other public service operations to manually water median trees on a weekly basis in order to maintain tree health. In compliance with the state prohibition, staff has continued to focus on watering median trees. Surrounding median grass was still alive through the summer of 2017; however, the majority of that grass has now withered or died. Staff has consulted with the State Water Resources Control Board (SWRCB) on ongoing compliance and solutions. Currently no exemptions or waivers exist for irrigation of median grass with potable water when grass is the primary landscape feature. However, the SWRCB has recently started allowing the irrigation and preservation of median trees and is now collaborating with cities on mitigation efforts to water trees when they are the primary landscape feature. 19E-2 Street Median Tree Irrigation Plan December 5, 2017 Page 3 Successful urban forests develop over many years, with effective strategies, advanced maintenance techniques, and professional staff. Each of these has contributed to maintaining a beautiful urban forest canopy in the City of Santa Ana; one that brings economic, environmental and social value to the community. STRATEGIC PLAN ALIGNMENT 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 There is no fiscal impact associated with this Council action. �YL F red Mousavipo r Executive Director Public Works Agency FM/EWG/PG/DM 19E-3 19E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 5, 2017 TITLE: APPROVE A SUPPLEMENTAL SITE LEASE AGREEMENT AND A SITE LICENSE AGREEMENT AMENDMENT WITH INTERNATIONAL BUS LINES, INC., FOR SEASONAL BUS SERVICE AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER AND APPROVE AN APPROPRIATION ADJUSTMENT {STRATEGIC PLAN NO. 3,2C) l — CInPANAGER 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 a supplemental site lease agreement with International Bus Lines, Inc., to compensate the City $822 per month for the temporary lease of 150 square feet of interior office space located at the Santa Ana Regional Transportation Center, for the purpose of selling tickets to patrons, for the term beginning December 6, 2017, and ending February 28, 2018, with an option to extend the term for up to six additional months, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an amendment to the site license agreement with International Bus Lines, Inc., to allow immediate compensation of $3,000 per month for access to Bus Bay No. 4 at the Santa Ana Regional Transportation Center, beginning December 6, 2017, prior to completion of previously stipulated tenant improvements and upon confirmation of operating requirements identified in the agreement, subject to nonsubstantive changed approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing Fiscal Year 2017-18 lease income in the amount of $2,466 and site license income in the amount of $6,000, for a total of $8,466, into the SARTC Operations Rental—International Bus Lines Revenue Account and appropriating the same amounts to the SARTC Operations Contractual Services expenditure account. 20A-1 Approve Supplemental Site Lease Agreement and Site License Amendment with International Bus Lines, Inc. December 5, 2017 Page 2 DISCUSSION The Santa Ana Regional Transportation Center (SARTC) is a regional transportation hub that brings together Amtrak, Metrolink, Orange County Transit Authority, and interstate bus services. It is open to the public seven days a week from 5:00 a.m. to midnight. The facility contains approximately 35,000 square feet of total rental space. On October 3, 2017, the City Council approved a site license and site lease agreements with International Bus Lines, Inc., (IBL) for the use of a bus bay and interior office space, respectively. Compensation to the City for those agreements would be delayed until IBL completed tenant improvements to construct approximately 580 square feet of new ticket counter office space. The agreements set construction completion for no later than March 2018, at which time business operations would commence. IBL approached City staff and requested permission to operate during their peak season of the year, which is comprised of the Christmas and New Year holidays. This is much sooner than when the requisite tenant improvements could be completed. Therefore, the supplemental site lease agreement (Exhibit 1) provides IBL with temporary use of a stand-alone, kiosk space in the SARTC lobby that was to be demolished in the future (Exhibit 2). The City has negotiated with IBL to carry out the removal of the kiosk at the end of the supplemental term. IBL will be providing a $5,000 refundable deposit to guarantee that the demolition and restoration work in the SARTC lobby area is satisfactory to the City. The amendment to the site license agreement (Exhibit 3) allows for immediate compensation of $3,000 per month for access to Bus Bay No. 4 for IBL transit services operations, upon confirmation that all of the operating requirements set forth in the license agreement have been met. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects including: The Fixed Guideway Project, Santa Ana Regional Transportation Center Master Plan, Complete Streets and General Plan Circulation Element update). 20A-2 Approve Supplemental Site Lease Agreement and Site License Amendment with International Bus Lines, Inc. December 5, 2017 Page 3 FISCAL IMPACT Three months of lease income at $822 per month, for a total lease income of $2,466 for Fiscal Year 2017-18, will be deposited into the SARTC Operations Rental—International Bus Lines revenue account (No. 06717002-53821) and appropriated into the SARTC Contractual Services Expenditure Account (No. 06717650-62300). Five months of site license income for Fiscal Year 2017-18 was already recognized and appropriated by Council approval of the existing site license agreement on October 3, 2017. For this site license amendment, two additional months of site license income at $3,000 per month, for a total of $6,000, will be recognized and appropriated into the accounts referenced above, for a total appropriation of $8,466. The $5,000 refundable deposit will be credited to the SARTC Tenants Security Account (No. 06701001-21660). APPROVED AS TO FUNDS AND ACCOUNTS: Fred Mousavipour Francisco Gutierrez r Executive Director Executive Director Public Works Agency Finance & Management Services Agency FM/MLM/GPL Exhibits: 1. Supplemental Site Lease Agreement— International Bus Lines, Inc. 2. Lease Area Site Map 3. Amendment to Site License Agreement — International Bus Lines, Inc. 20A-3 20A-4 LEASE AGREEMENT THIS LEASE (the "Lease") is made as of December 6, 2017 , 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" or "Landlord"), and INTERNATIONAL BUS LINES, INC., a California Corporation ("Tenant"). 1. EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference: Exhibit "A" The Premises Exhibit "B" Additional Lease Conditions 2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional Transportation Center (SARTC). Specifically, Tenant will be leasing the portion identified as "The Kiosk", consisting of approximately 150 square feet of interior office space, for the purpose of selling tickets to patrons in order to utilize Tenant's bus passenger services (hereinafter referred to as the "PREMISES"). Tenant shall be solely responsible at its own expense for all improvements made to the Premises and obtain all necessary permits associated with the construction of a new ticket office. The Premises are more particularly described in Exhibit A. Pending architectural assessment, the Landlord reserves the right to reconfigure the lease space or relocate the Tenant within SARTC by providing Tenant with a 60 -day notice of such reconfiguration or relocation. 3. COMMENCEMENT OF TERM: The term of this Lease (the "Term") shall be for a the period commencing the above date (the "Commencement bate") and ending February 28 2018, unless sooner terminated or extended as provided herein. Tenant acknowledges that a condition precedent to occupancy of the Premises is the following: International Bus Lines, Inc. shall provide the Landlord with documentation listing for each and every bus providing services at the SARTC: (1) registered owner; (2) VIN number; (3) Iicense plate number; (4) USDOT number; (5) proof of authorization from the Federal Motor Carrier Safety Administration CTMCSA"); (6) proof of insurance; and (7) a list of all licensed drivers who may operate the bus. Additionally, Tenant shall ensure that use of the Bus Bays made available to Tenant under separate License shall be by clearly marked buses identifying the International Bus Lines, Inc. company name and USDOT number. Tenant agrees that it will provide the Landlord with a list of buses that will use Bus Bay #4 as a precondition for use of the Bus Bays. Any additional buses must be approved by the Landlord prior to beginning service. The use of any non -approved bus at the SARTC is a breach of this Agreement and will result in immediate tennination of this Lease. 1 EXHIBIT 1 20A-5 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit B. These additional lease conditions are a material part of this lease agreement and any default of these conditions will be deemed a major breach and will subject this lease to immediate termination. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for up to six additional months on the same terms and conditions as set forth in this Lease, Each option shall be agreed to in writing by the Landlord and Tenant prior to the expiration of the Term or any Extension Period then in effect. If Tenant does not exercise its option to extend as provided herein, Tenant will be deemed a holdover Tenant and subject to paragraph 7 of this lease. 6. RENT: (a) Tenant shall pay to Landlord, as rent ("Rent"), throughout the Term, the monthly sum of Eight Hundred Twenty -Two Dollars ($822.00) in advance, on the 1st day of each calendar month and continuing through the life of the Term, as prorated as necessary. The Rent includes a charge for Common Area Operating Expenses and shall be subject to a CPI adjustment annually on the anniversary of the Effective Date during the term hereof. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE OF TEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE 10TH (b) Landlord and Tenant hereby agree that Rent for any Extension Period, if the option for such is exercised, shall be subject to a CPI adjustment annually on the anniversary of the commencement date of the term hereof. 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the Rent shall be increased to 150% of the Rent applicable immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month on all terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. 8. COMMON AREA OPERATING EXPENSES: (a) "Common Area Operating Expenses" are defined, for purposes of this Lease, as all costs incurred by Landlord relating to the ownership and operation of SARTC, including, but not limited to, the operation, repair and maintenance, in neat, clean, good order and condition, and if necessary the replacement, of the following: 20A-6 The Common Areas and Common Area improvements, including parking areas, loading and unloading areas, trash areas, roadways, parkways, walkways, driveways, landscaped areas, bumpers, irrigation systems, Common Area lighting facilities, fences and gates, elevators, roofs, exterior walls of the buildings, building systems, and roof drainage systems and utilities. ii. Exterior signs and any tenant directories. iii. Any fire sprinkler systems. iv. All other areas and improvements that are within the exterior boundaries of SARTC but outside of the space occupied by a tenant. V. The cost of pest control services, property management, security services, the cost to repaint the exterior of any structures and the cost of any environmental inspections. vi. Reserves set aside for maintenance, repair and/or replacement of Common Area improvements and equipment. (b) Any Common Area Operating Expenses that are specifically attributable to a specific Unit/tenant in SARTC or to the operation, repair, and maintenance thereof, shall be allocated entirely to such Unit or tenant. However, any Common Area Operating Expenses and that are not specifically attributable to a Unit or tenant shall be equitably allocated by Landlord to all units/tenants in the SARTC. 9. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to Tenant that Landlord has fee simple title to the Premises and has the full right and lawful authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws, ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as Tenant is not in monetary default hereunder, Tenant shall have quiet and peaceful possession and enjoyment of the Premises, all improvements located thereon and of all easements, rights and appurtenances thereunto belonging. 10. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or expiration of this Lease in good condition excepting, however, ordinary wear and 20A-7 tear, damage by fire or any other casualty, or damage from any other cause unless such other cause is attributable to the negligence of Tenant. On surrendering possession of the Premises to Landlord at the expiration or sooner termination of this Lease or any Extension Period, Tenant shall be required to demolish completely "The Kiosk" and related fixtures at Tenant's sole cost, and restore the Premises to the condition of the immediately surrounding area, including without limitation floor replacement. On Tenant's execution of this Lease, Tenant shall pay to Landlord a deposit of $5,000.00 to guarantee the obligations in this Section 10. This deposit shall be refunded to Tenant on satisfaction of such obligations, as reasonably determined by Landlord in its sole discretion. 11. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the Premises or any part thereof without the prior written consent of Landlord. 12. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable wear and tear, Tenant agrees at Tenant's expense to maintain in good repair the foundation, retaining walls and structural soundness of the Premises. Tenant agrees to keep the Premises in good repair, including the plumbing, electrical wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant shall make and pay for any renovations, alterations and improvements to the Premises as Tenant deems desirable and Tenant agrees that all such alterations and improvements shall be made in a good and workmanlike manner and in such fashion as not to diminish the value of the building, and that no such alterations shall compromise the structural integrity of the Premises. All improvements, additions, alterations, and major repairs shall be in accordance with applicable laws and at Tenant's own expense. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major repairs: It shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the request of Tenant. Tenant may paint the interior of the Premises and may also paint, erect or authorize the installation of "temporary signs" in accordance with a signage plan that is pre - approved by the Landlord. Landlord shall not install or maintain, or permit anyone other than Tenant to install or maintain, any signs on any part of the Premises or within the air space above the Premises during the Term or any Extension Period of this Lease. 13. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural improvements and alterations to comply with all applicable laws, rules, regulations and ordinances of any and all applicable governmental entities (the "Governmental Laws") applying to the physical condition of the Premises and the building located thereon and arising from Tenant's conduct of business. 14. UTILITIES: Tenant agrees to pay for all utilities furnished to the Premises and which are consumed by Tenant, during the Term and any Extension Period, including all charges or assessments for telephone, water, sewer, gas, heat, electricity, garbage disposal, trash disposal, and all other utilities and services of any kind that may be used on the Premises. 20A-8 15. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon thirty (30) days' request by the other (but not to exceed more than three (3) times in any given calendar year), execute, acknowledge and deliver a statement, dated currently, certifying that this Lease is unmodified and in full, force and effect (or, if there have been modifications, that this Lease is in full effect as modified, and identifying such modifications) and the dates to which the Rent have been paid, and that no default exists in the observance of this Lease and no event of default has occurred and is continuing, or specifying each such default or event of default of which Landlord or Tenant may have knowledge, it being intended that any such statement may be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord or Tenant in their respective premises described herein. 16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless Landlord from and against any and all liability, loss, damage, expense, and costs (including attorney's fees) due to bodily injury, including death, to any person, or loss or damage (including loss of use) to any property, attributable to the negligence or misconduct of Tenant, its employees, representatives, or agents in connection with this Lease. 17. INSURANCE: Throughout the Term or any Extension Period, Tenant shall maintain insurance as described below: a. Commercial General Liability Insurance: Commercial general liability insurance for injury to person (including death) or damage to property occurring within the building arising out of the use and occupancy thereof by Tenant, its licensees, employees, invitees, agents and customers. 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 52,000,000 per occurrence and $5,000,000 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 $5,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Tenant, if Tenant 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, Tenant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Property Insurance. Tenant shall maintain not less than $1,000,000 Fire Legal liability on all real property being leased, including improvements and betterments owned 20A-9 by the Landlord, and shall name the Landlord as a loss payee. Tenant shall also provide fire insurance on all personal property contained within or on the leased premises. The policy must be written on an "all risks" basis, excluding earthquake and flood. The Tenant shall name the Landlord as additional insured. e. Interruption of Business Insurance. Tenant shall, at its sole cost and expense, maintain business interruption insurance by which the minimum monthly rent will be paid to Landlord for a period of up to (1) year if the premises are destroyed or rendered inaccessible by a risk insured against by a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements. f. The following requirements apply to the insurance to be provided by Tenant pursuant to this section: i. If the Tenant maintains broader coverage and/or higher limits than the minimums shown above, the Landlord shall be entitled to the broader coverage and/or higher limits maintained by the Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Landlord. ii. Tenant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. iii. Certificates of insurance shall be furnished to the Landlord upon execution of this Agreement. iv, Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, except for 10 days' notice for non-payment of premium. V. If Tenant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the Landlord with required proof that insurance has been procured and is in force and paid for, the Landlord shall have the right, at the Landlord's election, to forthwith terminate this Agreement. 18. DAMAGE BY CASUALTY: (a) If the Premises is damaged or destroyed by fire, the elements, subsidence of sublateral or subjacent support or other casualty, Tenant shall (i) within (30) days begin repairs and (ii) restore the damaged or destroyed improvements to its condition just prior to the damage, within ninety (90) days, or Landlord may cancel and terminate this Lease. If this Lease is terminated as provided in this Section, Tenant shall be responsible for 180 days of rental payments and Tenant agrees to tum over to Landlord all applicable insurance proceeds received as compensation for damages to the Premises to the extent of actual cost of restoration. (b) If any such damage or destruction shall occur within the last six (6) months of the Term, or any Extension Period, affecting more than fifty percent (50%) of the 20A-10 replacement value of the improvements located on the Premises, Tenant may terminate this Lease without owing any liability to the Landlord by notice to the Landlord within thirty (30) days after the date of such damage or destruction, in which case Tenant agrees to turn over to Landlord all applicable insurance proceeds received as compensation for damages to the Premises to the extent of actual cost of restoration. If this Lease is terminated as provided in this Section, both parties shall be relieved of any further liabilities hereunder except for obligations accrued at the date of such damage or destruction, and any sums prepaid by Tenant shall be apportioned and appropriately refunded to Tenant, 19. EMINENT DOMAIN: (a) If (i) all or part of the Premises, the building located thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated under any right of eminent domain or under any other legal right whereby the taking authority is obligated to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may terminate and cancel this Lease without owing any liability to Landlord as of the date on which the condemning authority takes physical possession upon giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full details of such taking or appropriation, including, without limitation copies of all condemnation plans or surveys submitted by the condemning authority, a statement of the nature of the project to be conducted by the condemning authority, and such other information as might be necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY OF THE PROVISIONS OF THIS LEASE SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. (b) If this Lease shall be terminated and canceled as a result of any taking or appropriation, Tenant shall be released from any further liability and Rent and other sums for the last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to Tenant any sums paid in advance. (c) Tenant reserves unto itself the right to prosecute Tenant's claim for an award for damages for the termination of this Lease caused by such appropriation or taking, together with damages based on the value of Tenant's improvements and Tenant's fixtures and other personal property erected or installed on the Premises and damages Tenant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such appropriation or taking, and Tenant may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages caused by such taking or appropriation. Tenant's right to receive compensation or damages for its fixtures or its personal property shall not be affected in any manner by this Lease. 20A-11 20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Premises by or for Tenant. 21. PARKING AREA: (a) All those portions of the SARTC which are not presently occupied by buildings and which are designated parking spaces shall be available for use by Tenant and Tenant's agents, employees, customers and invitees for parking and access to the public streets and highways (the "Parking Area"). Tenant acknowledges that the Landlord is in the process of evaluating a paid parking program and all tenants will be required to comply with the parking program, if approved. Tenant further acknowledges that Landlord has entered into an agreement with the Orange County Transportation Authority for the operations of the OC Streetcar at SARTC, which is anticipated to begin construction in 2018. Such operations may affect the number of parking spaces available at any one time, though it is not possible to determine the precise effect at the time of this Lease. 22. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due, Landlord shall forward written notice, pursuant to Section 22, of such default to Tenant, and the failure of Tenant to cure such default within three (3) days after the date of receipt of such notice shall, at the sole option of Landlord, cause the termination of this Lease. (b) If Tenant shall default in the performance of any other terms or provisions of this Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 22, of such default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such notice, Landlord at its sole option, shall cause the termination of this Lease immediately, 23. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous Substances" shall mean, without limitation, any substance that is biologically or chemically active or any hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead-based paint, asbestos or petroleum derivative substances), or material defined as such in (or for purposes of) (i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act, as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local "Super Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any such substances or materials or any amendments or successor statutes with respect to any of the foregoing. (b) During the Term of this Lease, Tenant represents and warrants that no Hazardous Substances will be stored on the Premises and no Hazardous Substances will be discharged on the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any termination of this Lease, and Tenant agrees to indemnify and hold harmless Landlord from any and all costs, expenses, claims and damages, including, but not limited to, attorneys' fees and costs of remediation, arising from Tenant's breach of any of the representations and warranties contained in this Section. 8 20A-12 24. NOTICE: Any notice, tender, demand, delivery, or other communication pursuant to this Lease shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons. TO TENANT: International Bus Lines, Inc. 2088 West Hillcrest Dr. #B208 Newbury Park, CA 91320 Attention: Richard Gomez TO CITY: Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) Santa Ana, California 92701 Attention: Executive Director Agency MW Clerk of Council City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 of Public Works A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25. USE: For the purposes of this Lease, Tenant's intended use of the Premises is strictly for the purpose of selling tickets to Tenant's patrons in order to utilize the International Bus Lines, Inc. Transit Services. No other use of the Premises shall be permitted without written consent of Landlord. 26. GENERAL PROVISIONS: (a) This Lease (and the documents referred to herein) constitutes the entire agreement between the parties pertaining to the lease of "The Kiosk" contained herein and supersedes any and all prior and contemporaneous agreements, representations and understandings, oral or otherwise, between or among the parties with respect to the matters contained herein. .(b) This Lease shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, legatees, distributes, legal representatives, successors and assigns. (c) This Lease shall not be modified, amended or supplemented, in whole or part, without the prior written consent of all parties hereto. Each and every waiver of any covenant, representation, warranty or any other provision hereof must be in writing and signed by each 20A-13 party whose interests are adversely affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver applicable in any other instance. (d) If any legal action or other proceeding is brought for the enforcement hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof, the successful or prevailing party or parties shall be entitled to recover attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. (e) This Lease shall be governed by the internal laws of the State of California without regard to and excluding its principles of conflicts of laws. (f) The parties further agree that upon request, they shall do such further acts and deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out the intent and purposes of this Lease. (g) Unless the context in which used clearly requires another construction, throughout this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the neuter gender shall include the masculine or both, and the singular of terms shall include the plural and vice versa. The section headings are for convenience only and shall not affect the construction hereof. (h) If any one or more of the provisions hereof shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity or enforceability of any other provision hereof, which shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The parties intend that if any provision hereof is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. (i) Time is of the essence in the performance of each party's respective obligations. 0) This Lease may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same instrument, and it shall not be necessary that any single counterpart bear the signatures of all parties. (k) Unless expressly stated to be exclusive, no remedy conferred herein shall be deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter available at law or equity. All remedies conferred herein, and all remedies now or hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and may be enforced concurrently or successively. 10 20A-14 (1) All provisions of this Lease shall be construed as covenants and agreements where used in each separate provision hereof and shall bind and inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors and assigns. (m) All periods of time shall include Saturdays, Sundays and legal holidays; provided that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, then such act or notice shall be timely performed if given on the next succeeding business day. (n) Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month on all terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. (o) Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, and no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. 27. LANDLORD'S REPRESENTATIONS: Landlord hereby covenants, warrants and represents to Tenant that: (a) Landlord has the sole right, legal power and authority to enter into this Lease. (b) All required actions have been taken and satisfied by Landlord to authorize the execution and performance of this Lease. No other proceedings or actions on the part of Landlord are necessary to authorize this Lease or to cant' out the transactions contemplated hereby. This Agreement constitutes the legal, valid and binding obligation of Landlord enforceable against Landlord in accordance with its terms. (c) The individual(s) executing this Lease, on behalf of Landlord, has (or have) the full right, legal power and actual authority to bind Landlord to the terms and conditions hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council Raul Godinez 11 City Manager -- signatures continue on following page -- it 20A-15 APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: John s Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director Public Works Agency INTERNATIONAL BUS LINES, INC. By: Title: 12 20A-16 13 EXHIBIT A 20A-17 EXHIBIT B ADDITIONAL LEASE CONDITIONS • Tenant will provide best in class local/regional transportation services to SARTC patrons • Tenant, at its expense, shall comply with all applicable federal, state and local laws, ordinances, regulations, rules and orders with respect to the use of any permitted areas. • Tenant shall maintain all vehicles in neat, clean, mechanically sound and painted condition at all times • Tenant shall adhere to a transit schedule and provide on-time pick-up and drop off to SARTC patrons • Tenant shall maintain all proper registration for their vehicles • Tenant shall maintain all proper insurance for their vehicles • Tenant must meet or exceed all governmental requirements regarding the inspection and maintenance of their vehicles and provide monthly log • Tenant shall have a strong financial background with a multi-year successful operating history and the resources to pay any fees promptly and in fall • Tenant shall adhere to all rules and regulations regarding the flow of bus/shuttle traffic at SARTC • Tenant shall work with SARTC management to ensure all safety protocols are strictly adhered to • Tenant shall work with SARTC management to manage ridership during peak and high volume hours • Tenant shall employ best in class drivers with all proper credentials necessary to operate a bus/shuttle • Tenant shall employee the appropriate security protocols to operate for the public good within a facility of the scale and prominence of SARTC • Tenant shall receive payment from patrons via cash and/or debit card/credit card • All buses accessing SARTC must be clearly identified with Tenant business name and DOT number • Provide, if any, information regarding online ticket purchase capabilities for patrons • Tenant must notify the City as soon as the FMCSA classifies high alert statuses of any reason 14 20A-18 Exhibit 2 20A-19 20A-20 FHLST AMENDMENT TO LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND INTERNATIONAL BUS LINES, INC. FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILMES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on December 6, 2017 by and between International Bus Lines, Inc. ("Licensee"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No, A-2017-260, dated October 3, 2017 ("License Agreement"), by whicb City granted to Licensee a non-exclusive, revocable license for the use of Bus Bay No. 4 at the Santa Ana Regional Transportation Center ("License Area") for Licensee's passenger bus operations. B. The License Agreement remains in effect through October 2, 2018, and is subject to extension for up to four 1 -year periods. C. Under the License Agreement, the monthly fee for use of the License Area is $3,000, subject to CPI adjustment ("License Fee"), and shall not be due until the completion of all tenant improvements made by Licensee to certain premises at SARTC that are the subject of the separate lease agreement between City and Licensee No. A-2017-261, provided that the payment of the first License Fee shall be due no later than 120 days following City's approval of the License Agreement. D. The parties now wish to amend the License Agreement so that the License Fee shall be due and payable for all periods beginning December 6, 2017 and continuing through the term of the License Agreement. The parties therefore agree: 1. Section 1.5, Compensation, is amended to read in its entirety as follows: As consideration for its use of the Facilities, Licensee agrees to pay $3,000.00 per month for the term of this Agreement. License fees for any partial month shall be pro -rated. Payment shall be made payable to the City of Santa Ana, in advance for each month, no later than the 10th of the prior month, at the following address: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied to any payment hereunder due but unpaid after the 10th of the month. The consideration for this License shall be subject to a CPI adjustment annually on the anniversary of the effective -date during the term hereof. The parties agree that payment under this Section shall be due for all periods beginning December 6, 2017 and continuing through the term of this Agreement. 2. Except as modified by this First Amendment, all terms and conditions of the License Agreement remain unchanged and in full force and effect. — signatures appear on following page -- Pagel of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the License Agreement the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: L JO UNK Assis nt City Attorney RECOMMENDED FOR APPROVAL Fred Mousavipour, Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager LICENSEE Name: Title: Page 2 of 2 20A-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 5, 2017 TITLE: ADOPTION OF A SIDE LETTER AGREEMENT WITH THE SANTA ANA POLICE OFFICERS ASSOCIATION (SAPOA) (STRATEGIC PLAN NO. 7,4 & 6) • g MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: -:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adoption of a Side Letter agreement modifying the Memorandum of Understanding with the Santa Ana Police Officers Association (SAPOA) regarding wages and other terms and conditions of employment with a term of 12 months from July 1, 2017 through June 30, 2018. DISCUSSION The City and the SAPOA recently agreed to the terms outlined in the attached side -letter agreement modifying the Memorandum of Understanding (MOU). The terms of the side letter include the following. 1) Salarv: Effective January 1, 2018, the base salary of all non -sworn employees covered by the MOU shall be increased by two percent (2%). 2) Personnel Board: The City and the Union agree that in cases where disciplinary action(s) can be appealed to the Personnel Board, the employee and the City may by mutual agreement delegate the hearing of the appeal to a Hearing Officer. The Hearing Officer shall be a neutral individual with training and experience in administrative law and due process that shall conduct an evidentiary hearing and make findings on employee disciplinary appeals. Such findings and recommendations shall be submitted to the Personnel Board. The Personnel Board shall consider the Hearing Officers report within sixty days after it is issued. The Personnel Board has the power to adopt, modify or reject the findings and recommendations of the Hearing Officer based upon the record. The City shall pay for the Hearing Officer. 25A-1 Santa Ana Police Officers Association Side Letter December 5, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of item allows the City to meet Goal #7 — Team Santa Ana, Objective #4, Establish employee compensation that attracts and retains a highly qualified workforce and Objective #6, Provide a positive workplace environment that supports the health of its employees and celebrates its success. FISCAL IMPACT Funds are available in the affected departmental salary accounts (no. 61000). It is estimated that this agreement will result in a net cost to the City of $190,000 during the term of the agreement. uaqa-3 ' Edward S.ya Executive Director Personnel Services Agency Exhibit: 1: SAPOA MOU APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 25A-2 SIDE LETTER NUMBER ONE TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SANTA ANA POLICE OFFICERS' ASSOCIATION FOR FISCAL YEARS 2017-18 The City of Santa Ana ("City') and Santa Ana Police Officers' Association ("Union") have met and conferred and have agreed to amend the Memorandum of Understanding for FY 2017-2018 between the parties as follows: Article IV — Salaries Section 4.3 C. Effective January 1, 2018, the base salaries of all non -sworn employees covered by this MOU shall be increased by 2%. Article XVII — Discipline Section 17.1 B. The City and the Union agree that in any case where disciplinary action(s) can be appealed to the Personnel Board, the employee and the City may by mutual agreement, delegate the hearing of the appeal to a Hearing Officer. The Hearing Officer shall be a neutral individual with training and experience in administrative law and due process who shall conduct an evidentiary hearing and make findings on employee disciplinary appeals. Such findings and recommendations shall be submitted to the Personnel Board. The Personnel Board shall consider the Hearing Officer's report within sixty days after it is issued. The Personnel Board has the power to adopt, modify or reject the findings and recommendations of the Hearing Officer based upon the record. The City shall pay for the Hearing Officer. The parties agree to meet and confer on the process for selecting the Hearing Officer Ed Raya Gerry Serrano Executive Director of Personnel President, SAPOA City of Santa Ana Date Date APPROVED AS TO FORM: Mayor City Attorney}py�� CCxX V0 p Date Date 25A-3 25A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 5, 2017 TITLE: AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) {STRATEGIC PLAN NO. 7,4 & 6) I CIT ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adoption of a Memorandum of Understanding (MOU) between the City of Santa Ana and the Service Employees International Union Local 721 (SEIU) regarding wages and other terms and conditions of employment for a term of 18 months from July 1, 2017 through December 31, 2018. DISCUSSION The City and the SEIU entered into negotiations on a successor MOU in March of 2017. After months of weekly meetings, negotiations have recently been completed. The process resulted in an agreement on the terms and conditions of employment detailed in the attached MOU (Exhibit 1). The agreement was ratified by the SEIU membership on November 16, 2017 The MOU contains some clean-up language and the major cost items detailed below. 1) Term: An eighteen month term from July 1, 2017 through December 31, 2018. 2) Salary Increase: A. Effective September 1, 2017, the base salary of all employees covered by this MOU shall be increased by two and one quarter percent (2.25%). B. After application of the above 2.25% base salary increase, effective September 1, 2017 all employees whose classification is still under the market average based on the Classification and Compensation study completed by Public Sector Personnel Consulting in 2017 shall receive up to a maximum of a three percent (3%) of base salary. 2513-1 Agreement with the Service Employees International Union December 5, 2017 Page 2 3) Medical Insurance Allowance: The City contribution shall be capped using the following allowances towards premiums: Employee Only $654.00 per month Employee + 1 $1,307.00 per month Employee +2 or more $1,700.00 per month 4) Vacation: Employees will be allowed to cash out an additional 20 hours per fiscal year (increased from 80 hours to 100 hours) of unused vacation leave benefits. 5) Holiday Pay: City observed holidays shall be paid equivalent to the employees' regularly scheduled work hours, except for floating holidays. 6) Life Insurance: Group Term Life coverage will be increased from $20,000 to $30,000. 7) Call Back Pay: Employees call back to work on a designated City observed Holiday will receive double time for time worked. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 - Team Santa Ana, Objective #4, Establish employee compensation that attracts and retains a highly qualified workforce and Objective #6, Provide a positive workplace environment that supports the health of its employees and celebrates its success. FISCAL IMPACT Funds are available in the affected departmental salary accounts (no. 61000). It is estimated that this agreement will result in a cost to the City of $1,348,000 in FY 2017-2018. EV -Ward S. yea Executive Director Personnel Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez A Executive Director Finance & Management Services Agency Exhibit: 1. Memorandum of Understanding 25B-2 JULY 1, 2017 - DECEMBER 31, 2018 MEMORANDUM m UNDERSTANDING CITY OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATION UNION LOCAL 721 25B-3 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATION UNION LOCAL 721 FOR FISCAL YEARS 2017-18 THROUGH 2018-19 TABLE OF CONTENTS ARTICLE I RECOGNITION 3 ARTICLE II NON-DISCRIMINATION CLAUSE 4 ARTICLE III ATTENDANCE, WORKDAY & WORKWEEK 5 ARTICLE IV SALARIES 9 ARTICLE V ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 15 ARTICLE VI OVERTIME 27 ARTICLE VII TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 31 ARTICLE VIII HOLIDAYS 34 ARTICLE IX VACATION 36 ARTICLE X OTHER LEAVES OF ABSENCE 40 ARTICLE XI EMPLOYEE INSURANCE 46 ARTICLE XII RETIREMENT 48 ARTICLE XIII TOOL REIMBURSEMENT POLICY 50 ARTICLE XIV UNIFORM MAINTENANCE 51 ARTICLE XV SAFETY 52 ARTICLE XVI RESERVED 53 ARTICLE XVII GRIEVANCE REVIEW PROCEDURE 54 ARTICLE XVIII UNION RIGHTS 56 ARTICLE XIX DUES DEDUCTION AND INDEMNIFICATION 62 ARTICLE XX CITY RIGHTS 64 ARTICLE XXI STRIKES AND WORK STOPPAGES 66 ARTICLE XXII LAYOFFS 67 ARTICLE XXIII MISCELLANEOUS PROVISIONS 70 ARTICLE XXIV SOLE AND ENTIRE AGREEMENT 74 ARTICLE XXV WAIVER OF BARGAINING DURING THE TERM OF THIS MOU 75 ARTICLE XXVI EMERGENCY WAIVER PROVISION 76 ARTICLE XXVII SEPARABILITY PROVISION 77 ARTICLE XXVIII TERM OF MOU 78 ARTICLE XXIX RATIFICATION & EXECUTION 79 EXHIBIT A LIST OF SEIU LOCAL 721 REPRESENTED FULL-TIME CLASSIFICATIONS 80 2 25B-4 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provisions of the Meyers-Millias-Brown Act, Government Code Section 3500, et se ., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana City Employees Association, Chapter 1939/Service Employees International Union Local 721 (hereinafter called the "Union") as the recognized representative of the bargaining unit which includes all full-time personnel employed by the City of Santa Ana in classifications listed in Exhibit A of this MOU. 1.2 During the term of this MOU, no substantive issue of representation shall be raised contrary to this MOU except as provided in Resolution No. 81-75, the Employer -Employee Relations Resolution of the City of Santa Ana. 25B-5 ARTICLE II 2.0 NON-DISCRIMINATION CLAUSE 2.1 The City and the Union agree that they shall not discriminate against any employee because of political affiliation, union activities, union membership, race, color, sex, age, national origin or alienage, sexual orientation, political or religious opinions or affiliations, religious creed, ancestry, physical disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, military or veteran status, and other protected classifications as defined by the California Fair Employment and Housing Act (FEHA). The City and the Union shall reopen any provision of this MOU for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with State or Federal anti -discrimination laws. 0 r ARTICLE III 3.0 ATTENDANCE, WORKDAY & WORKWEEK 3.1 Attendance. Employees covered by this MOU shall be in attendance at their work during hours prescribed by the Department Head or his/her designee(s) and shall not absent themselves without approval of the Department Head or his/her designee(s). 3.2 Hours of Work. Eight (8) hours of work shall constitute a normal day and forty (40) hours of work shall constitute a minimum workweek, except for employees for whom special regulations have been approved by the City Manager as follows: A. 4/10 Work Schedule for Code Enforcement Officer, Police Department Employees, and Selected Fleet Services Employees The Department Head, with the approval of the City Manager, may assign these employees to a workweek consisting of four (4) ten (10) hour days with an additional one-half (1/2) or one (1) hour for unpaid lunch as negotiated with the Union. The assigned employee shall work four (4) ten (10) hour days and shall have three (3) consecutive days off in a workweek. Upon mutual agreement between the supervisor and employee, the employee may waive his or her right to three (3) consecutive days off in a workweek. The regular workweek shall consist of forty (40) hours. A regular day off shall consist of ten (10) hours. B. 3/11.5, 1/5.5 Work Schedule For Correctional Records Employees. The Department Head, with the approval of the City Manager, may assign these employees to a workweek consisting of three (3) eleven and one-half (11.5) hour days and one (1) five and one-half (5.5) hour day, with an additional forty-five (45) minutes for unpaid lunch as negotiated with the Union. The assigned employee shall have three and one-half (3.5) consecutive days off in a workweek. Upon mutual agreement between the supervisor and employee, the employee may waive his or her right to three and one-half (3.5) consecutive days off in a workweek. The regular workweek shall consist of forty (40) hours. A regular day off shall consist of either eleven and one-half (11.5) hours or five and one-half (5.5) hours. C. 9/80 Work Schedule. The work schedule described below is known as the 9/80. The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (ELSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below will govern. Employees shall be permitted to work a 9/80 work schedule when authorized by the Department Head and approved by the City 'Manager. A departmental work unit will not be permitted to work this schedule if in the discretion of the Department Head and City Manager, the 9/80 work schedule may reduce service to the public. 5 25B-7 9/80 Work Schedule Defined. The 9/80 work schedule shall be defined as working eighty hours over nine days in a two-week period. An employee shall work eight days for nine hours per day and one day for eight hours, excluding a one-hour lunch during each work shift, totaling forty (40) working hours in each FLSA work week. a. The Work Week Period. The forty (40) hour FLSA work week period shall be defined as the work period starting from Friday at mid -shift to Friday at mid -shift. No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will occur in the middle of the day on Fridays. b. The 9/80 Work Period. The 9/80 two-week work period for employees starts Friday mid -shift and continues for fourteen (14) days until Friday mid -shift. During this period, each week is made Lip of four nine -hour work days (thirty-six hours) and one four-hour Friday and those hours equal forty work hours in each work week (e.g., the Friday is split into four hours for the first shift, which is charged to work week one and four hours for the second shift, which is charged to work week two). C. Employees cannot change schedules without prior approval of their supervisor and Department Head. The purpose of this authorization is to review the impact on staffing and overtime. Employees may change schedules at the beginning of any work period with supervisor and Department Head approval. d. Modifications of the FLSA work week period are not permitted unless authorized by the Executive Director of Personnel Services and the City Manager. C. Emergencies. All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions that, in the opinion of the City Manager, Department Head or designee, may require such service from any of said employees. 2. Overtime Defined. All FLSA nonexempt employees working under the 9/80 work schedule will earn overtime for all hours worked after the first forty (40) hours in an FLSA work week as required tinder FLSA. Employees are required to obtain supervisor authorization before working any overtime. a. Overtime Compensation: As stated in Section 6.4 of this MOU. b. Compensator: As stated in Section 6.4 of this MOU. r Leave Benefits. When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. a. Vacation Leave: As stated in Article IX of this MOU. b. Sick Leave: As stated in Article X of this MOU. C. Bereavement Leave: As stated in Article X of this MOU. d. Holidays: As stated in Article VIII of this MOU. i. For a recognized City holiday the hours as stated in Article VIII 8.2 C, are earned for each holiday, except for the floating holiday. ii. If a holiday falls on an employee's Friday off, the employee must then take their holiday off before or after the regular holiday as their holiday off with supervisor and Department Head approval. If the employee cannot take their holiday off before or after the regular scheduled holiday off, the employee will bank the hours of holiday leave to be used at a later date with the supervisor's approval. Jury Duty Leave. The provisions of the MOU (Article 10.4) shall continue to apply; however, if an employee is called to serve on jury duty during a normal day off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as having occurred during the employee's day off work; therefore, the employee will receive no added compensation. D. It is the intent of the parties that no additional paid time off shall be gained or lost as a result of the implementation of either the 4/10, the 3/11.5 plus 1/5.5, or the 9/80 work schedules. The City reserves the right to abandon either the 4/10, the 3/11.5 plus 1/5.5, or the 9/80 work schedules for these employees if, in the opinion of the concerned Department Head and the City Manager, either the 4/10, the 3/11.5 plus 1/5.5, or the 9/80 work schedules has not produced the desired results. If this right is exercised, however, the City and SEIU shall meet and confer in good faith prior to abandoning any of these work schedules. 7 25B-9 E. Any employee who encounters a personal hardship with his/her work hours may request an accommodation from his/her Department Head. A "hardship request" will be limited to an employee's authorized hours of work. An accommodation will be considered only after the employee has exhausted all other personal options to resolve the hardship. If the employee is unable to resolve his/her problem, the employee may request an accommodation from their Department Head by submitting a hardship claim. The Department Head may authorize an accommodation after reviewing said claim or assign a manager to investigate and recommend a resolution of the hardship claim. The recommendation of the manager will be limited to the following: Approve an appropriate flex schedule that does not disrupt the department ability to deliver its services or create disruption in the work unit. 2. Disapprove the employee's proposed solution to resolve the hardship 3. Reassign the employee to a 5/40 work schedule. The Department Head may accept any one of the manager's recommendations or advance his own to resolve the hardship. The Water Production staff who are assigned to work an eight (8) hour day shift covering Monday through Friday will be required to take a 30 minute unpaid lunch break during the shift. 0 25B-10 ARTICLE IV 4.0 SALARIES 4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all full-time personnel who are now employed or will in the future be employed in any of the designated classifications of employment represented by the Union as listed in this MOU and its attachments. 4.2 Salary Schedule. The basic salary schedule, as periodically updated and published by the City, provides numerous salary rate ranges, each comprised of seven (7) steps or rates of pay. The respective rate ranges are identified by a three digit number. The steps within each range are identified by the letters "AAA" through "E" inclusive, with Step "AAA" being the lowest step in the range. The purpose of each step and the length of service required for advancement to the next higher step within a particular salary rate range are set forth in the salary schedule, as periodically updated and published by the City. The assignment of classifications to salary rate ranges is listed in the salary schedule, as periodically updated and published by the City. 4.3 Salaries A. The base salaries of employees covered by this MOU shall be adjusted as follows: Effective 9-1-17 the base salary of all employees covered by this MOU shall be increased by 2.25% Employees whose classifications are deemed to be below the market average based on the 2017 compensation study prepared by the consultant firm, shall receive up to 3% base salary increase effective September 1, 2017 , above the 2.25% base salary increase mentioned above. Such increase shall not exceed the amount necessary to bring the classifications compensation to the market average. 4.4 Application of Basic Compensation Plan. The salary rate ranges contained in Section 4.2 of this Article and the City's salary schedule as periodically updated and published by the City are monthly salary rate ranges. All employees working in classifications of employment covered by this MOU shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of less than six (6) months shall be paid at a rate per hour for actual time spent in the performance of the duties of his or her employment. The regular rate of pay shall be computed as provided for by the Fair Labor Standards Act (FLSA). W 25B-11 Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by dividing the monthly salary rate by 173.33. In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in an even one-half cent shall fix the rate at the next higher whole cent. 4.5 Probation. The probationary period shall be one (1) year from the date of appointment from an open eligible list (new hire) or a reappointment eligible list (rehire) or a promotional eligible list. 4.6 Beginning Rates. A new employee shall be paid the rate shown as Step "AAA" in the salary rate range allocated to the classification of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional educational training and/or experience qualifications, the Department Head, under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step "AA," "A," "B," "C," or "D" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of his or her service in the classification of employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. 4.7 Service. The word "service" as used in this MOU shall be deemed to mean continuous, full-time service in the classification in which the employee is being considered for salary advancement, service in a higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (0) working day of the month shall not be credited with "time in service" for that month when determining the length of service required for salary step advancement. A lapse of service by an employee for a period of time longer than thirty (30) calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purposes of this MOU, and such employee reentering the service of the City shall be considered as a new employee, except when he or she is being or will be reappointed within one (1) year and placed in the same salary step in the appropriate salary rate as he or she was at the time of termination of employment. "Resignation, quit, or discharge" for purposes of this section shall mean separating from full-time City employment altogether, not leaving one position to accept appointment to another position in an unrelated classification outside the career ladder. 10 25B-12 4.8 Advancement Within Ranges. A. Length of Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee shall be advanced from Step "AAA" to Step "AA," Step "AA" to Step "A," from Step "A" to Step "B," from Step `B" to Step "C," or from Step "C" to Step "D," whichever is the next higher step to that on which the employee has been previously paid, effective the first day of the month following the date of completion of the length of service required for such advancement as provided in Section 4.2 and the salary schedule as periodically updated and published by the City. B. Merit Advances. An employee shall be considered for advancement from Step "D" to Step "E" upon the completion of the required length of service as provided in Section 4.2 and the salary schedule as periodically updated and published by the City; the effective date of such merit increase, if granted, shall be on the first (I") day of the month following the completion of such required length of service. Advancement to Step "E" may be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his or her position. Such merit advancement shall require the following: 1. There shall be on file in the office of the Executive Director of Personnel Services a copy of each periodic performance appraisal report required to be made on the employee by the Civil Service Rules and Regulations and/or the City Manager during the period of service time of such employee subsequent to his or her last salary advancement. 2. The Department Head, at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Department Head as to such recommendations and of the reasons therefore. 3. No advancement in salary above Step "D" shall become effective until approved by the City Manager, except when placement on a salary step above Step "D" results from promotion under the provisions of Sectionl0 of this Article. 4. Notwithstanding the foregoing provisions of this subsection to the contrary, a merit step advance shall be automatically granted ninety (90) days after the due date if no performance appraisal is completed. The effective date of such merit step advance shall be retroactive to the first (I") day of the month following the completion of the required length of service. 25B-13 C. Length of Service Required When Advancement Denied. When an employee has not been approved for advancement to merit Step "E," he or she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) months of additional follow the same steps and shall be subject subparagraph B (2) and (3) of this section. service. This reconsideration shall to the same actions as provided in 4.9 Reduction in Salary Steps. Any employee who is being paid at merit Step "E" may be reduced to Step "D" of the appropriate salary range, upon the recommendation of the Department Head, and the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 4.8 above, and such employee may be considered for re -advancement under the same provisions as contained in Subsection C of Section 4.8 above. 4.10 Promotional Salary Advancement. When an employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to Step "AAA" in the appropriate salary rate range for the higher classification; provided, however, that if the base salary step currently being paid such employee is already equal to or higher than said Step "AAA," he or she will be placed in the lowest step in the appropriate salary rate range as will grant that employee a minimum increase of one (1) salary step (approximately 5%) over his or her current base salary step, inclusive of lead pay, and exclusive of any other assignment or special pay additive or additives such as bilingual pay, shift differential, special skill pay or the like, except when placement at "E" step will not be sufficient to provide a one (1) salary step (approximately 5%) increase. 4.11 Demotion. When an employee is demoted to a position in a lower classification, his or her salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) salary step (approximately 5%). B. The new salary rate must be within the appropriate salary rate range. C. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. D. If the salary rate recommended by the Department Head is lower than the maximum step permissible under Subsection C above, such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in accordance with the provisions for salary reductions in Section 4.9 above. 12 25B-14 4.12 Reallocation of Salary Rate Ranges. Any employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as he or she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. 4.13 Request for Classification Review. Any employee who, for a period exceeding one (1) year, believes he or she is regularly and consistently performing duties and/or responsibilities not in conformance with their classification concept or, duties and/or responsibilities of another classification, may request a classification review of their position through their supervisor to the Department Head. The employee must submit their request on a form specified by the Executive Director of Personnel Services, outlining in writing how they believe their current duties and/or responsibilities differ from their classification concept. A. The Department Head will review the employee's submitted request and within sixty (60) days will make one of the following determinations: Will support the employee's request. a. If the Department Head supports the employee's request for a classification review, he or she will forward the request to the Executive Director of Personnel Services along with justification for support of the employee's request. b. The Department Head will notify the employee that his or her request has been submitted to the Executive Director of Personnel Services. 2. Will not support the employee's request. a. If the Department Head does not support the employee's request for a classification review, he or she will notify the employee of this decision in writing and set forth the basis for the decision. b. If the Department Head does not support the employee's request, but agrees that some of the duties and/or responsibilities being performed by the employee are those of a higher level City classification, he or she can do the following: Return the employee to performance of the duties and/or responsibilities of their proper classification. ii. Eliminate the higher duties and/or responsibilities being performed by the employee, for which the City has agreed are those for which it will provide higher compensation. 13 25B-15 B. Any employee request for classification review approved by the Department Head will be forwarded to the Executive Director of Personnel Services. The Executive Director of Personnel Services will confirm receipt of the request in writing to the employee. Within sixty (60) days of receipt of the request, the Executive Director of Personnel Services will notify the employee and Department Head of the decision as to whether a study will be conducted. If the Executive Director of Personnel Services determines that a study is appropriate, the Executive Director of Personnel Services will so notify the employee and the Department Head in writing and will provide the employee and Department Head with an approximate start date for the study. C. Determinations of the Department Head and the Executive Director of Personnel Services are not final. This process is not subject to the grievance procedures however an appeal to the City Manager or his/her representative shall be presented within fifteen (15) working days of the notification of the findings by the Executive Director of Personnel. The City Manager's decision is final and not subject to the grievance provisions of this MOU. D. All studies and study findings will require City Manager approval before proceeding. E. All recommendations resulting from study findings require the approval of the City Council and will be implemented in accordance to the City's Civil Service rules. 14 25B-16 ARTICLE V 5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 5.1 Assignment Pay Differential. Assignment pay differentials, as listed herein and throughout the MOU, will, in each case, be added individually and separately to the employee's base salary. In no event shall one assignment pay differential be added to the employee's base salary as a basis for the calculation of an additional pay differential. A. Incumbents in the classifications of Senior Office Assistant, Secretary, Executive Secretary, or Planning Commission Secretary who are assigned by a Department Head, with the prior approval of the City Manager, to a position requiring the ability to take dictation at a rate of 70 words per minute or better on a regular basis or as an essential or integral element of the work of the position, will be paid a monthly differential of sixty dollars ($60) above his or her base monthly salary step for each full month of such assignment. B. An incumbent in the classification of Senior Office Assistant who is continuously and regularly assigned to operate and who actually operates, a two-way radio communications base station, will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. C. Incumbents in the classifications of Fleet Equipment Technician I, II and III who possess nationally recognized certifications for Automotive Service Excellence Master Certification (ASE) and ASE Alternative Fuel will be paid an assignment pay differential at a rate set five (5) salary rate ranges (approximately 2.5%) for each of the certifications, above their then current base monthly salary step. The restrictions set forth in Section 5.7 do not apply to this provision. The City and the SEW 721 agree to Meet and Confer to discuss the addition of Fire Certifications if the City agrees to enter into any agreement in which they service Fire Department vehicles. D. Personnel in the classifications of Fleet Equipment Technician I, 11, IFI, and Fleet Equipment Supervisor, who maintain a valid State of California Commercial Driver's License and are assigned to an area that requires the possession of either a Class "A," or Class `B" license in the course and scope of their work shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current base monthly salary step. Effective July 1, 2017 the City will reimburse employees in the classification of Fleet Technician I, II or III for costs incurred for accredited motorcycle training courses, testing and Department of Motor Vehicle (DMV) fees in associated with obtaining the M1 license. 15 25B-17 E. An employee that is required by a Department Head or their designee to perform the duties of a Notary Public for the City, in addition to regular duties, shall be paid a monthly differential of forty dollars ($40) above his or her then current base monthly salary step. Effective July 1, 2017 the City will reimburse employees for costs incurred in association with obtaining or maintaining a California Notary Public license with Department Head approval. 5.2 Lead Pay. An incumbent who is regularly and continuously assigned to lead a functional unit which includes two (2) or more positions in the same or lower classifications as the incumbent may be compensated for said duties upon mutual agreement of the City and SEIU and approval of the Department Head and the Executive Director of Personnel Services. This compensation shall be referred to as "lead pay" and shall be set at a rate ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. In addition, incumbents in the following classifications who are regularly and continuously assigned to perform lead supervisory responsibilities will receive lead pay compensation at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step: Buyer, Customer Service Representative, Equipment Operator - Motor Sweeper, Information Services Representative, Librarian, Library Services Assistant, Parking Meter Technician II, Senior Systems Administrator, Graphics Designer II, Senior Accounting Assistant, Housing Specialist II, Senior Librarian, Workforce Specialist 11, and Workforce Specialist III. An incumbent in the classification of Custodian who is regularly and continuously assigned to perform lead supervisory responsibilities will receive lead pay compensation at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. Any employees who have continuously received lead pay for leading the same functional group for five years shall have their lead pay assignment made permanent. 5.3 Bilingual Pay. An employee who is assigned by a Department Head or their designee to a position requiring bilingual capability in both English and any other languages designated by the Orange County Registrar of Voters as necessary for official voting information and or Federal Voting Rights Act and sign language, will be paid a monthly assignment pay differential in accordance with the criteria and amounts set forth below: A. Certification by ,the Executive Director of Personnel Services as having satisfactorily demonstrated conversational fluency in both languages for any position requiring bilingual capacity. ill 25B-18 B. Positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major, essential or integral element of the work being performed, will be designated as Primary Bilingual Assignments. A qualified incumbent of such position will be paid a monthly differential of one hundred seventy-five dollars ($175) above his or her base monthly salary step for each full month of such assignment. C. Positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not a major, essential or integral element of the work, will be designated as Secondary Bilingual Assignments. A qualified incumbent of such position will be paid a monthly differential of forty dollars ($40) above his or her base monthly salary step for each full month of such assigmnent. D. The number of such Primary and/or Secondary Bilingual Assignments shall be no larger than the requirements of the department as determined by the Department Head and the City Manager. E. There shall be periodic recertification of such bilingual capability. F. In no event shall an employee be eligible to earn more than one (1) bilingual pay differential. 5.4 Shift Differential. A. Generally. An employee in a classification represented by the Union who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one-half (4 1/2) hours between the hours of 5:00 p.m. and 7:00 a.m., will be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step; except, however, such shift pay differential shall not be applicable to employees in the classification of Park Ranger and Supervising Park Ranger. B. Library Employees. Employees hired and assigned to the Library prior to December 1, 1987, who work evening shifts until closing time, but who are not otherwise eligible for shift differential as provided under Subsection A above, shall receive, as special shift pay, an amount equal to one-half (1/2) of one hour's pay for each day they work an evening shift until closing time. Said special shift pay shall be computed on the hourly equivalent of the base monthly salary step. Such half-hour's pay shall not be counted toward the computation of overtime. Such special library shift pay differential shall not be applicable to library employees hired on or after December 1, 1987. 17 25B-19 C. Early Morning Street Crews. A Street Maintenance employee who is assigned to traffic painting or downtown cleanup crews who is continuously and regularly assigned to a schedule of work which requires that he or she actually work at least fifty percent (50%) of his or her normal daily work shift between the hours of 1:00 a.m. and 7:00 a.m., will be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step. D. Standby Pay. Employees who are released from active duty but who are required by their department to leave notice where they can be reached and be available to return to active duty when required by the department at any time other than their regularly scheduled working hours, shall be said to be on standby duty. Employees shall receive four hundred fifty dollars ($450) per week when assigned to be on standby duty. Employees who "trade" days will have that time deducted from their pay on a prorated daily rate based on a seven (7) day week. Employees who cover the day shall be paid at the daily rate. All trades must be approved by the Supervisor or Manager. Water Production, Water Maintenance, Public Works Maintenance, Building Maintenance, Information Technology Department and staff shall be required to serve on standby duty and receive standby pay as defined above. The City's preference will be to accomplish the above through volunteers; however, qualified employees may be directed to be on standby if the number of volunteers is insufficient. In addition to Standby Pay, if an employee is able to handle the incident by phone or other electronic means without reporting to duty, he or she shall be entitled to overtime pay at the rate of 15 minutes or actual time spent per incident whichever is greater, paid at time and one-half (T 1/2) per incident. Additional Standby Pay programs may be implemented with the approval of the Department Head and City Manager. 5.5 Temporary Upgrade Assignment Pay. In order to provide an equitable method of compensating employees who are assigned temporarily to a vacant, full-time, budgeted, higher-level position the following shall apply: A. General Guidelines. Temporary Upgrade Assignments shall be limited to the temporary filling of vacant, full-time, budgeted positions due to the termination, promotion or authorized long-term absence of the incumbent. A temporarily vacant position need not be a position without an incumbent. In 25B-20 2. Each such assignment may be terminated at any time, but in no event shall such assignment continue beyond one hundred eighty (180) days of such assignment. 3. Prior to recommending to the City Manager that a pay differential for a Temporary Upgrade Assignment be granted, the Department Head shall make the following determinations: a. The duties and responsibilities of the position to be filled are of such nature that they cannot remain unassigned pending the return to duty of the absent incumbent or preparation of an eligible list whichever is applicable. b. It is not practical to assign the duties of the vacant position to any other employee or employees in the same or higher classification. 4. The City Manager or his designee must give written approval of all Temporary Upgrade Assignments involving an increase in pay for the appointee. B. Eligibility. With the exception of those described in paragraph 3 below, regular, full- time employees shall receive Temporary Upgrade Assignment Pay if the following criteria are met: a. The work assumed encompasses the majority of the typical duties and responsibilities of the vacated position. b. To qualify for temporary upgrade assignment pay, employees must serve in an acting capacity in the higher level classification as follows: • ten (10) consecutive working days of eight (8) hours each; or • eight (8) consecutive working days of ten (10) hours each, for employees working on an alternative work schedule; or • any combination of consecutive working days consisting of nine (9) hours each and one (1) working day consisting of eight (8) hours, for a total of 80 hours of wort, for employees working the "9/80"work schedule; or • two (2) consecutive work weeks, consisting of three (3) 11.5 hour days and one (1) 5.5 hour day for a total of 80 hours of work for employees working on an alternative work schedule. 19 25B-21 C. In computing qualifying service rendered, only full days of actual duty shall be included, and partial days shall not be combined to make full days unless they are normally granted holiday hours. Normally granted holidays will be included in computing actual duty days. d. Employees must re -qualify for an upgrade (Temporary Assignment) if the employee has not worked in this specific upgrade assignment for a period of 18 consecutive months. The employee shall only be considered to work in a higher classification if such work is duly and specifically authorized by the employee's Department Head. Whenever practicable, the appointing authority shall rotate Temporary Upgrade Assignments among all qualified employees. Employees in the following categories shall not be assigned to Temporary Upgrade work unless specifically authorized by the City Manager: a. Non -permanent employees (Probationary, Part-time, Seasonal, etc.). b. Employees performing work above their regular classification in a training capacity. C. Payment. On the eleventh (11`h) consecutive working day an employee has been serving in a Temporary Upgrade Assignment, and for each additional consecutive working day the employee so serves, he or she shall receive the beginning rate (Step "AAA") assigned to the higher classification or the lowest rate in that range which is at least ten (10) salary rate ranges (approximately 5%) higher than the current base salary rate he or she normally receives, (inclusive of lead pay and exclusive of any other assignment or special pay additive or additives) whichever is greater, except when placement at "E" step will not be sufficient to provide the ten (10) salary rate range increase. If an employee has worked ten (10) consecutive days during the term of this MOU in a higher classification, the employee shall thereafter receive upgrade pay for each day the employee is assigned to work in the higher classification during the term of this MOU. 20 25B-22 2. Assignment or special pay additives, such as bilingual pay, shift differential, special skill pay, etc., paid to an employee prior to becoming eligible for Temporary Upgrade Assignment Pay, will not be considered in computing the amount of higher pay to which he or she is entitled in Subparagraph 5.5C above. If the special circumstances upon which said additive is based are also applicable to the Temporary Upgrade Assignment and the employee remains eligible for such pay Nvhile in the temporary upgrade position, this amount will be added to the new salary rate range. 3. Temporary Upgrade Assignments which entail moving an employee into a classification represented by an employee unit other than that which represents his or her permanent classification shall not include any change in fringe benefits for the affected employee. 4. While working in a Temporary Upgrade Assignment, an employee will continue to accrue, and have recorded, general, special or normal salary step increases in the employee's permanent position; however, such salary increases will be paid only to maintain the minimum five percent (5%) differential above the salary to which an employee is entitled in his or her permanent position. 5.6 All assignments of personnel to positions set forth in Sections 5.1 through 5.4 above shall be made or revoked at the discretion of the Department Head. 5.7 Limitation on Assignment Pay Differentials. Employees who were eligible for, assigned, and received assignment pay under section 5.1 of this article prior to June 30, 2013, shall continue to receive said pay under the current assignment formulas provided they continue to meet the qualifications described in the applicable assignment pay provisions of section 5.1 of this article. Employees hired after August 31, 2010 or hired before August 31, 2010, who did not receive assignment pay under section 5.1 of this article prior to June 30, 2013, shall not be eligible to receive it. 5.8 Career Development Incentives. Employees hired in a classification which requires an International Conference of Building Officials (ICBO), International Code Council (ICC), or other certificate as a prerequisite to hiring, either upon appointment or by the time of the employee's passage of probation ("regular appointment"), shall not be eligible for career incentive pay for that prerequisite certificate. However, they will be eligible for career incentive pay for any other certificates approved for their classification. In no event shall the application of this Career Development Incentive Program result in an individual being eligible to earn more than twenty-five (25) salary rate ranges (approximately 12.5%) above his or her current monthly base salary step. 21 25B-23 A. An incumbent in one of the classifications listed below will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step for each of the following: valid registration as a Registered Engineer by the State of California and valid registration as a Structural Engineer by the State of California (a total of twenty (20) salary rate ranges (approximately 10%) for possession of both). Additionally, said incumbents who possess a valid certificate issued by the ICBG, (or similar nationally recognized certificating organization) in the areas of accessibility/usability (one specialty area), residential energy plan check, or non- residential energy plan check, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%). o Assistant Engineer I o Assistant Engineer II o Assistant Engineer -Transportation (T) o Senior Assistant Engineer o Senior Civil Engineer o Senior Engineer o Senior Traffic Engineer o Assistant Plan Check Engineer I o Assistant Plan Check Engineer II o Associate Plan Check Engineer o Senior Plan Check Engineer o Senior Transportation Analyst B. An incumbent who was employed as of August 16, 1991 in the classification of Plan Examiner (T), Assistant Plan Check Engineer I or II, Associate Plan Check Engineer, Senior Plan Check Engineer and who, as of December 31, 1987, had possessed a valid Plan Examiner Certificate issued by the ICBO shall continue to be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base salary step. However, effective January 1, 1988, said ten (10) range differential shall be reduced to five (5) salary rate ranges (approximately 2.5%) for any incumbent of said classifications who is issued his or her initial certificate on or after January 1, 1988. C. An incumbent in one of the classifications listed below who possess a valid certificate issued by the ICBG, (or similar nationally recognized certificating organization) in the areas of building inspection, combination inspection, electrical inspection, mechanical inspection, plumbing inspection, combination dwelling inspection, plan examining, accessibility/usability (one (1) specialty area), residential energy plan check, or non-residential energy plan check, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the schedule listed below. Incumbents who possess 22 25B-24 a valid certificate issued by the ICBO in combination inspection may substitute this for building inspection or combination dwelling inspection; however, incumbents shall not receive incentive pay for more than two of these three certificates. One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); and an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5%). o Building Inspector o Electrical Inspector o Plumbing Inspector o Combination Building Inspector o Building Technician o Plan Examiner (T) o Senior Plumbing and Mechanical Systems Specialist D. Incumbents in the classifications of: o Code Enforcement Associate o Code Enforcement Officer o Code Enforcement Supervisor o Senior Building Inspector o Senior Electrical Inspector o Senior Plumbing Inspector o Senior Combination Building Inspector o Plan Examiner (T) Electrical o Senior Electrical Systems Specialist who obtain or possess a valid certificate issued by the ICBO (International Conference of Building Officials), ICC (International Code Council), SCACEO (Southern California/Statewide Association of Code Enforcement Officers), CACEO (California Association of Code Enforcement Officers), or any similar nationally recognized certificating organization in any four (4) of the following Career Development Incentive areas shall receive incentive pay worth five salary rate ranges (approximately 2.5%) for each certificates, not to exceed five (5) certificates or a total of twenty-five salary rate ranges (approximately 12.5%). If an incumbent has obtained four (4) such certificates from the menu below, he or she than shall be eligible to earn an additional five (5) salary rate ranges (approximately 2.5%) pay additive upon completion of both the SCACEO/CACEO Intermediate and SCACEO/CACEO Advanced Certifications: 23 25B-25 o Building Inspection o Electrical Inspection o Mechanical Inspection o Plumbing Inspection o Combo Dwelling Inspector o Plans Examiner o Zoning Inspection o Property Maintenance and Housing o PC 832 o Basic Module (SCACEO/CACEO) o Accessibility Inspector/Plans Examiner o Permit Technician o Coastal and Floodplain Construction Inspector o Disaster Response Inspector I£ an incumbent has already completed both the SCACEO/CACEO Intermediate and the SCACEO/CACEO Advanced certifications, upon completion of any other four (4) certificates from the menu above, said employee shall be eligible to receive the additional five salary rate ranges (approximately 2.5% total) pay additive for the Intermediate/Advanced certifications. In no event shall the expansion of current certificate pay opportunities result in an employee being eligible to earn more than twenty-five salary rate ranges (approximately 12.5%) in pay additives for Career Development Incentives above his or her then current base monthly salary step. E. An incumbent in one of the classifications listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of reinforced concrete, structural masonry, structural steel/welding, electrical inspection, plumbing inspection, plans examiner, or C27 landscape contractors license, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); and an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5%). o Construction Inspector I o Construction Inspector II 24 25B-26 F. An incumbent in the classification listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of plumbing inspection, electrical inspection, plans examiner, C27 landscape contractors license, turf grass management, or certified arborist (ISA), shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); and an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5%). • Contracts Administrator G. An incumbent in one of the classifications listed below who possess a valid certificate issued by the International Society of Arboriculture (ISA) as a certified arborist shall be paid at a rate of set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. o Projects Manager o Tree Maintenance Supervisor o Tree Trimmer o Maintenance Worker II (assigned to the tree crew) o Public Works Projects Specialist o Landscape Development Associate H. An incumbent in the classification listed below who possesses a valid certificate issued by the International Society of Arboriculture (ISA) as a certified Tree Worker shall be paid at a rate of set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. o Maintenance Worker II (assigned to the tree crew) 5.9 Limitation on Career Development Incentive Pay. A. With the exception of employee classification listed in subsection 5.9 (B), employees covered by this MOU and already receiving career development incentive pay under section 5.8 of this article prior to June 30, 2012 and who continue to meet the qualifications described in the applicable career development incentive pay provisions of section 5.8 of this article shall continue to receive said pay under the current career development incentive pay formulas. Employees who have not received career development pay prior to the June 30, 2012 shall not be eligible to receive it. 25 25B-27 B. The employee classifications listed herein below covered by this MOU and already receiving career development incentive pay under section 5.8 of this article prior to June 30, 2013 and who continue to meet the qualifications described in the applicable career development incentive pay provisions of section 5.8 of this article shall continue to receive said pay under the current career development incentive pay formulas. Employees in the classifications listed herein below who have not received career development pay prior to the June 30, 2013 will not thereafter be eligible to receive it. • Assistant Engineer I • Assistant Engineer lI • Assistant Engineer -Transportation (T) • Senior Assistant Engineer • Senior Civil Engineer • Senior Engineer • Senior Traffic Engineer Any employee hired after September 30, 2010 shall not be eligible to receive career development incentive pay under the career development incentive pay provisions of section 5.8 of this article. M, 25B-28 ARTICLE VI 6.0 OVERTIME 6.1 General Policy for Overtime Work. When it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Department Head, or a duly authorized representative of the City Manager or the Department Head, may require an employee to perform overtime work. 6.2 Definition. Overtime work is defined as Authorized or required time worked in excess of 40 hours in the workweek schedule for a particular classification and organizational unit of an employee. A workweek is a fixed and regularly recurring period of 168 consecutive hours — 7 consecutive 24-hour periods — as designated by the appointing authority. An employee's work schedule within the workweek shall not be changed to avoid payment of overtime; provided, however, nothing shall abridge management's right to establish and change work schedules and assignments in accordance with the rights of management contained in Article XX, City Rights. 6.3 Computation of Forty (40) Hour Workweek. In computing the forty (40) hour workweek, the following type of work hours shall be included in the computation: actual hours worked, jury/witness leave and bereavement leave. Any combination of these hours in excess of forty (40) hours per work week shall entitle the employee to overtime. Work on an observed Holiday which would otherwise be a scheduled day off for the employee will be paid as overtime. Any paid time off during the workweek such as vacation leave, sick leave, holiday leave, Chapter Chair/President's Leave and Union Business Leave, as well as all unpaid leave including furlough days shall not be counted towards the hours worked in a workweek for the computation of overtime unless the hours in excess of forty (40) hours in a workweek (including the above listed time) are worked by the employee at the requirement of management. For example, an employee working a Monday through Friday work schedule who takes 9 hours of vacation leave on Monday and works his normal 31 hours Tuesday through Friday, would not earn overtime for 2 hours he volunteered to work extra on Saturday. However, if that same employee had been required by management to work the 2 hours on Saturday as opposed to volunteering, the 2 hours would be compensated as overtime. 6.4 Compensation for Overtime. A. The preferable method by which overtime shall be compensated is by monetary payment, at one and one-half (1 1/2) times the employee's regular rate of pay, subject to the provisions of Subsection "C" below. 27 25B-29 B. Should the Department Head determine that the best interests of the City will be served thereby, he or his designee may permit an employee to be compensated for overtime work by taking paid compensatory time off at the rate of one and one-half (1 1/2) times the employee's regular base rate of pay. C. Employees shall have the option with Department Head approval to convert a maximum of eighty (80) hours of time and one-half (T 1/2) paid overtime (in compensation for 53 1/3 overtime hours worked) to time and one-half (T 1/2) compensatory time off benefits. Such compensatory time off shall be taken at the discretion of the employee when requested at least 72 hours in advance, subject to the operational needs and staffing requirements of the department. If the Department Head or his or her designee subsequently denies the requested compensatory time off the employee and department will mutually agree on a future date within one year when the employee can use the paid compensatory time off. If the requested compensatory time off is not used within that one year, such compensatory overtime will be paid off in cash. D. Time off with pay to compensate for overtime worked may be accumulated to a maximum of eighty (80) hours. E. Because each hour of overtime worked is programmatically accrued on a time and one-half (T 1/2) basis, compensatory time off will be taken, and monetary payment will be paid, on a straight -time basis. Also, upon termination, any earned, unused compensatory time off ("time -on -the -books") will be paid on a straight -time basis. F. Time off with pay to compensate for overtime worked may be taken in increments as small as a half (1/2) hour. G. If compensatory time off is used in excess of that available, such excess compensatory time off will, first, be deducted from any available vacation benefits; finally, deducted from the next scheduled wage or salary payment. H. Time off with pay as compensation for overtime may not be granted or taken in advance of the overtime work for which the time off compensates. Before compensatory time off with pay may be taken, as herein provided, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off with pay will be permitted. I. Upon an employee's appointment to a position in which overtime may not be earned or upon an employee's separation from employment with the City by resignation, retirement, layoff or otherwise, he or she shall forthwith be compensated for any overtime accumulated to the time immediately preceding such promotion or separation. M-1 25B-30 6.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee benefits (retirement, holidays, vacation accrual, sick leave accrual and employee insurance benefits), toward the completion of probationary period, or to progression within salary rate range. 6.6 Overtime Work to be Minimized. To the extent that he or she is reasonably able to dose, the Department Head or his or her designee shall arrange work programs to minimize overtime work. Necessary overtime work shall be apportioned among employees of like classification and assignment. 6.7 Call -Back Duty. Any employee covered by this MOU who is recalled to active duty from off-duty, shall be entitled to overtime pay at the rate of one and one-half (1 1/2) times the normal hourly pay rate, or double times the normal hourly pay rate for City -observed holidays, for such employee for time actually worked after reporting to the place of duty, or three (3) hours pay at the normal rate of pay, whichever is greater. 6.8 Declaration of State of Emergency. Upon the occurrence of fire, flood, earthquake, strike, riot or other catastrophe or emergency which directly affects City operations or the welfare of the City's citizens, the City Manager may declare a state of emergency to exist. Upon the declaration of a state of emergency, the City Manager may require any or all regular full-time employees of the City to work overtime or off -shift as lie or she shall determine to protect life and property within the City. 6.9 Applicability of Pair Labor Standards Act. The parties agree that if the applicability of the Fair Labor Standards Act to local governmental entities is eliminated by either legislative or judicial action, they shall meet and confer regarding any proposed changes to this MOU; however, no such changes shall be made except on mutual agreement. 6.10 Court Appearance. Compensation for court appearance by employees covered by this MOU shall be as follows: A. For each required court appearance, including but not limited to, depositions, meetings, interviews made by an employee during his or her off-duty time in regard to City business, said employee shall be paid overtime for the period of time from their arrival at court until they are released from court or the court session closes for that day. However, in no case shall an employee receive less than two (2) hours overtime for a court appearance. If separate court appearances are made both in the morning and afternoon of a particular day, a minimum of two (2) hours overtime will be allowed for each session attended. If the employee is not released from a morning session and must remain available for afternoon court, the employee shall be paid overtime for all hours the court is in session that day. The employee must provide a copy of the subpoena requiring his or her attendance to initiate payroll procedures. 29 25B-31 B. A subpoenaed employee scheduled to appear in court, including but not limited to, depositions, meetings, interviews, on City business during off-duty time may be placed on standby status by the Department Head or his or her authorized representative if the employee can respond to the court, if called, within 60 minutes of the employee's notification. In the event such off-duty employee is on standby status during any court session and is not required to appear in court, such employee shall be compensated two (2) hours on a straight time basis, for each said court session. Such employee may elect, in lieu of paid time, two (2) hours of compensatory time off for standby time and not appearing in court, with the approval of the Department Head. If such off-duty employee on standby actually appears in court, he or she shall be compensated as provided in Subsection A. 25B-32 ARTICLE VII 7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 7.1 Purpose. A. To encourage the employees of the City of Santa Ana to take college courses and special training courses which will better enable them to perform their present duties and prepare them for increased responsibilities. B. To provide financial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. 7.2 Eligibility. A. Applications for tuition reimbursement will be considered only from full-time, permanent City employees who have completed probation. B. Employees receiving financial assistance from other sources such as the G.I. Bill, scholarships, etc. shall be eligible for reimbursement, subject to Section 7.3 C, in an amount not to exceed the difference between the cost of tuition and the amount of the other financial assistance received. C. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to his or her job, may be reimbursable only after all required occupationally related courses have been completed. E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. P. Approval will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of a Board of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program bort may be authorized and funded by the interested department without coordination with the Personnel Services Department. 31 25B-33 G. When an employee is required by his or her Department Head to attend a particular course or seminar, the expense shall be borne entirely by the department. 7.3 Reimbursement. A. Reimbursement will be based on the cost of tuition, required enrollment/registration fees, related miscellaneous fees (health, parking, student union fees, equipment, etc.), all required texts/eBooks, and related materials for each course. Additional expenses, such as meals and lodging are not reimbursable. B. Costs for required texts are eligible for one hundred percent (100%) reimbursement subject to the following conditions: That a duplicate of the required text(s) was unavailable for loan from the departmental libraries prior to the commencement of course work; 2. That any textbook(s) purchased by the City shall be submitted to the employee's respective departmental library in order that such text(s) may be made available to all employees. C. Upon City Council approval, the maximum tuition reimbursement is two thousand five hundred dollars ($2,500) per fiscal year, which the employee may claim either as costs are incurred during the year or as one lump sum. D. Employees shall be limited, for purposes of tuition reimbursement, to a maximum of two (2) collegiate level courses of not more than a total number of units which is equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall equal two-thirds (2/3) of one (1) "semester" unit. 7.4 Procedures. A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in duplicate, an Application for Training and Educational Assistance Form and submit it to his or her Department Head prior to the commencement of class(es) or the payment of fees for registration/tuition. B. The Department Head will recommend approval or disapproval based on established criteria and budgetary constraints and then forward the application to the Executive Director of Personnel Services. ON 25B-34 C. The Executive Director of Personnel Services or his or her designee will approve or disapprove the application for the City Manager. One copy will be returned to the employee and the duplicate will be retained by the Personnel Services Department. It is advisable that the applicant accomplish the procedure so far described in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy prior to the inception of the course or disbursement of personal funds. D. The employee will submit his or her copy of the approved application to the Personnel Services Department within three (3) months after he or she has completed the course and received his or her final grade. Such employee must include official verification of his or her final grade with appropriate receipts for tuition and textbook costs. These will be returned to the employee upon request. Applications not submitted to the Personnel Services Department within three (3) months following completion of the course become void. E. Upon receipt of the application and required documentation, the Personnel Services Department will determine whether the completed course of instruction is compatible with the provisions of this Article and will compute the amount of reimbursement, authenticate the application and forward it to the employee's Department Head. F. The Department Head will then authorize the Finance & Management Services Department to reimburse the employee the approved amount out of the budget of the department concerned. 33 25B-35 ARTICLE VIII 8.0 HOLIDAYS 8.1 Legal holidays observed by full-time permanent and probationary employees of the City of Santa Ana are as follows: o January 1 - New Year's Day. o Third (3") Monday in January - In observance of Martin Luther King, Jr.'s Birthday. o Third (3"1) Monday in February - In observance of President's Day. o Last Monday in May - In commemoration of Memorial Day. o July 4th - In observance of Independence Day. o First (111) Monday in September - In observance of Labor Day. o November l l' - In observance of Veteran's Day. o Fourth (0h) Thursday in November - In observance of Thanksgiving Day. o The Friday immediately following Thanksgiving Day. o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof. o December 251h - In observance of Christmas Day. o One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor. o Every day proclaimed by the Mayor of the City as a holiday for City employees. o Any holiday which falls on a Sunday will be observed on the following Monday. o Any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. 25B-36 8.2 Holidays - Shift Personnel and Employees on Altemate Work Schedules. A. Full-time employees whose regularly scheduled days off are other than Saturday and Sunday shall be entitled to receive twelve (12) working days off during the year in lieu of the holiday benefits specified in Section 8.1 above. However, employees with alternative work schedules in the Community Preservation, Police Records, Correctional Records, Fleet Services Divisions, and employees on a 9/80 work schedule shall be credited with 96 hours of Holiday Time at the beginning of every calendar year in lieu of twelve (12) holidays in the year. If any employee working in the above referenced categories separates from employment prior to December 31 of any year and has exhausted 96 hours of holiday time, the value of hours not yet accrued but used shall be deducted from the final paycheck. B. Said substitute holidays may be scheduled by the Department Head or his or her designee, normally during the same month that the holiday is observed by other City employees. An employee entitled to time off in lieu of holidays shall receive that time off in proportion to his or her service at full pay in such capacity during the year. C. Holidays shall be paid equivalent to the employees' regularly scheduled work hours (i.e. 10 hours of holiday pay for a 10 -hour shift) except for floating holidays. 8.3 Modified Holiday Schedule - Library Employees. Full-time employees assigned to the Library Department shall, during the tern of this MOU, observe holidays on the dates specified in Section 8.1 above. 8.4 A newly appointed employee must actually work one (1) day preceding the day a holiday listed in Section 8.1 actually occurs in order to receive credit for such holiday during the month in which it occurs. An employee separating from the service of the City must be in a paid status one (1) day preceding and one (1) day following the day a holiday listed in Section 8.1 actually occurs in order to receive compensation for the holiday. A newly appointed employee must complete six (6) months of continuous full-time service in order to receive credit for the Floating Holiday listed in Section 1 above. 8.5 Holiday time may be taken in increments of one-half (1/2) hour. 8.6 Holiday benefits may not be carried over from one (1) calendar year to the next. 35 25B-37 ARTICLE IX 9.0 VACATION 9.1 Purse. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule and this purpose will be used as a guide in the administration of the provisions of this Article. 9.2 Vacation. A. Effective January 1, 2016, the regular and longevity vacation accruals of bargaining unit members shall be combined into one single vacation bank. The accrual rates will remain the same. However, after January 1, 2016 there will no longer be a reference to longevity vacation. Longevity vacation earned but not advanced in 2015 will be credited to the employee's vacation bank effective January 1, 2016. Thereafter, members shall accrue the combined vacation with pay on a monthly basis as set forth in the following table. Completed Years Annual Vacation Hours Accrued Monthly Accrual Rate 1 80 6.67 2 80 6.67 3 120 10.00 4 1 120 10.00 5 120 10.00 6 124 10.33 7 128 10.67 8 132 11.00 9 136 11.33 10 140 11.67 11 144 12.00 12 148 12.33 13 152 12.67 14 156 13.00 15 160 13.33 16 168 14.00 17 176 14.67 18 184 15.33 19 192 16.00 20 or more 200 16.67 36 25B-38 B. An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his or her credit during the year; provided, however, no employee shall be entitled to, or receive payment for, any vacation until he or she has completed six (6) months of continuous service. C. On or after the first (I") day of the month following completion of six (6) months of continuous full-time service, an employee may be allowed to take all or a proportionate fraction of his or her earned vacation, subject to scheduling approval of the employee's supervisor. D. Vacation time off may be taken in increments as small as one-half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one-half (1/2). E. Upon completion of two (2) years of continuous service, each employee must take at least five (5) working days of vacation off each year thereafter. Computation of Vacation. In computing vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he or she not been on vacation, shall be deducted from the computation so that one (1) additional day of vacation shall be allowed to the employee unless departmental practice provides some other manner of compensating for municipal holidays. Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and approval of the Department Head, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave as available. 2. No employee may carry over from one (1) calendar year to the next, more than the equivalent of two (2) regular vacation periods from the previous two (2) years, and vacation not taken beyond that amount shall no longer accrue until such time as the employee's bank is below the carry over threshold. A regular vacation period is defined as the maximum amount of vacation eared in a calendar year as provided in Subsection A above. 3. The time at which an employee shall take his or her vacation shall be determined by the Department Head, with due regard for the wishes of the employee and particular regard for the needs of the service. 37 25B-39 A period of earlier service does not apply toward vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by reappointment, as provided in Section 9-114 of the Civil Service Rules and Regulations, or by reemployment from layoff within one (1) year. Leave of absences without pay, as provided in Article X - Other Leaves of Absence, Section 10.1 E - Sick Leave — Extended; Article X — Other Leaves of Absence, Section 10.8 - Authorized Absence Without Pay - Long Term; and Article XXIII — Miscellaneous Provisions, Section 23.3 - Catastrophic Leave, do not constitute a break in continuous service as used in this section; however, the leave of absence period shall not be applied toward the accumulation of vacation. Absences due to military leave followed by reinstatement, as provided in Section 9-143 of the Civil Service Rules and Regulations, do not constitute a break in service, and the period of absence on such military leave shall be applied toward the accumulation of vacation. G. Vacation Bu Back. Employees covered by this MOU shall be given an option once per fiscal year, to receive cash compensation computed on a straight time basis in lieu of up to a total of one hundred (100) hours of their banked vacation leave benefits. 9.3 Limitation on Vacation. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days or four hundred (400) hours in any one year. [This section intentionally left blank] 481 25B-40 9.4 Vacation Carry -Over. A. No employee may carry over from one (1) calendar year to the next, more than the maximum vacation carryover as set forth in the following table. Any vacation not used beyond the maximum carryover amount from year to year is forfeited, meaning that no pay shall be received for such unused vacation at any time. Notwithstanding the foregoing, for any affected employee who is in jeopardy of losing vacation because of department staffing needs, may with approval of the Department Head, Executive Director of Personnel Services and City Manager, receive a 30 -clay extension beyond the normal cutoff date so that such employee will not lose vacation time. Completed Years Max Car over 1 80 2 160 3 200 4 240 5 240 6 244 7 252 8 260 9 268 10 276 11 284 12 292 13 300 14 308 15 316 16 328 17 344 18 360 19 376 20 392 21 or more 400 9.5 Excess Usage. If vacation time off is used in excess of that available, such excess vacation time off will, first, be deducted from any available compensatory time off accrual; finally, deducted from the next scheduled salary payment. 9.6 Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service time for vacation accrual purposes. 39 25B-41 ARTICLE X 10.0 OTHER LEAVES OF ABSENCE 10.1 Sick Leave. A. Definition. California's Healthy Workplaces/Healthy Families Act of 2014 (AB1522) also known as California's Paid Sick Leave Law, requires the City to provide paid sick leave to eligible employees upon oral or written request, within the parameters of the law, for the following purposes: • Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee or an employee's qualified family member; • Specified purposes for an employee who is a victim or domestic violence, sexual assault, or stalking. B. Accrual. Each employee shall be entitled to, and shall earn an eight (8) hour working day of sick leave for each full calendar month of service in which he or she is employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: Sick leave is not a right which an employee may use at his or her discretion, but shall be allowed only in cases of necessity and actual sickness or disability, as authorized in Subsection A above and J below. When an accepted industrial illness or injury has caused an employee's absence, for which benefits are required under the State Workers' Compensation Insurance and Safety Act, paid sick leave will be processed during the first three (3) consecutive days of the statutory waiting period. If the employee does not have sufficient accumulated sick leave at the commencement of such industrial illness or injury, they will be advanced sick leave for this purpose. Subsequently, the City will deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. If the employee terminates before recovery of all advanced sick leave, the City will deduct the unrecovered cost of sick leave from such terminated employee's final paycheck, to the extent possible. If the employee remains off work longer than fourteen (14) days due to the same workers' compensation related illness or injury, the employee will have the three (3) sick days used re -credited back to his or M 25B-42 her account. The City pays the employee workers' compensation benefits for such illness or injury starting on the fourth (0) day. The City may authorize employees to use sick leave, vacation, or compensatory time for approved workers' compensation medical appointments as specified herein. The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee's regular workday, and salary continuation or workers' compensation benefits are not available. D. Limit. Sick accrual will be capped at sixteen hundred (1,600) hours or two hundred (200), eight (8) hour working days. Sick leave usage shall be charged in minimum increments of a half (1/2) hour. Fractional usage under a half (1/2) hour shall be rounded up to the next higher multiple of a half (1/2) hour. E. Extended. The City Manager may grant medical leave of up to six (6) months without pay to an employee who has exhausted all of his or her accrued sick leave if a licensed physician indicates that the employee will be sufficiently recovered to return to his or her employment within a six (6) month period. Prior to the expiration of the additional time, the employee may return to his or her position provided that the employee has a medical certificate from a licensed physician stating that the employee is able to return to work and perform all the duties of his or her position without work restrictions. In addition to the above, the City Manager may grant an additional extension not to exceed a total of one (1) year without pay. F. Extension by Use of Accrued Compensatory Time Off and/or Vacation. After an employee's sick leave has been exhausted, he or she may be granted permission to first use any unused compensatory time off benefits and then any unused and available vacation leave. O. Notice. An employee taking sick leave shall notify his or her immediate supervisor either prior to or within four (4) hours after the time he or she is scheduled to report for duty, or as otherwise established by his or her department. When the absence is for more than three (3) consecutive working clays, upon return to work the employee must present to his or her Department Head a physician's certificate providing a medical opinion that the employee could not report to work because of such illness or injury, and advising that the employee is sufficiently recovered to safely return to work. Such certificate shall be forwarded to the Executive Director of Personnel Services. Upon written request by a Department Head or his designee to an employee, a physician's certificate or other satisfactory written evidence of actual illness or injury may be required after any future absence of any duration less than three (3) days. Such written notice shall be approved by the Department Head or designee and the stated reason therefore. 41 25B-43 H. Denial. No employee shall be entitled to sick leave with pay while absent from ditty because of sickness or injury purposely self-inflicted or caused by willful misconduct; or because of sickness or injury sustained while engaged in employment, other than employment by the City, for monetary gain or other compensation; or due to other reasons resulting from engaging in any business or activity for the purpose of personal monetary gain or other compensation. I. Excess Usage. If sick leave is used in excess of that due and available, such excess sick leave will first be deducted from any available compensatory time off benefit, then from any available vacation leave benefit, and finally from the next scheduled salary payment. J. Necessity Leave. Each employee shall be afforded the opportunity to use up to 48 hours of sick leave per calendar year, on a non -cumulative basis, as personal necessity leave. Personal necessity leave may be used to attend to an illness of a family member. "Family member" means any of the following: (1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. (2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. (3) A spouse. (4) A registered domestic partner. (5) A grandparent. (6) A grandchild. (7) A sibling. Any member of the employees' household related by blood or marriage; any other relative of the employee by blood or marriage, where it can be established by the employee that the employee's presence is required to handle emergency arrangements and/or other matters. Necessity leave may also be used: a) to attend to a serious accident to members of the employee's immediate family; b) childbirth; c) to cope with imminent danger to the employee's family, home, or other valuable property; d) when the existence of external circumstances beyond the employee's control make it impossible for him or her to report for duty; or e) attend to medical or dental appointments for members of the employee's household or family member as defined above. 42 25B-44 K. Payment for Unused Sick Leave 1. Except in cases of disability retirement, upon non—disciplinary termination of employment and at least ten (10) years of cumulative full—time service with the City, an employee shall be entitled to receive a portion of their total accrued and unused sick leave balance upon the effective date of such termination at the rate of pay effective on the date of such termination. Upon termination of employment with the City, all employees covered under this agreement must deposit 100%, (after Medicare taxes) of their unused sick leave hours based on the criteria below: • For employees who had less than ten (10) years of service with the City as of September 30, 2010, the maximum sick leave eligible after ten (10) years of full-time service shall be equal to one third (1/3) of accrued sick leave up to a maximum of three hundred twenty five (32.5) hours, deposited into the employee's RHS account. • For employees who have at least ten (10) years of full-time service with the City prior to October 1, 2010, the maximum sick leave eligible after ten (10) years of service shall be equal to one third ( 1/ 3) of accrued sick leave up to a maximum of four hundred twenty -seven (427) hours, deposited into the employee's RHS account. • For employees who have at least fifteen (15) years of cumulative full -time service with the City, each qualified employee shall be eligible for two - thirds (2/3) of the total sick leave benefit up to a maxima n of one thousand sixty —seven (1067), deposited into the employee's RHS account. 2. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City. Such payment shall be in the amount as described above and at the rate of pay effective on the date of death. 10.2 Bereavement Leave. A. An employee shall be granted up to three (3) working days of paid bereavement leave in case of death of a member of the employee's immediate family. "Immediate family" as used in this section is limited to: Any member of the employee's household related by blood or marriage; 2. A parent, parent -in-law, stepparent, spouse, registered domestic partner, child, stepchild, brother, stepbrother, sister, stepsister, grandparent or grandchild of the employee, regardless of residence; 43 25B-45 Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and/or matters of estate. B. An employee may use up to two additional work days of leave charged to their Personal Necessity Leave balance when authorized by their Department Head. 10.3 Military Leave. A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or she furnishes the Executive Director of Personnel Services satisfactory proof of his or her order to report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, he or she will be reinstated as provided in Section 143 of the Civil Service Rules and Regulations of the City of Santa Ana. B. Temporary. Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty will be granted leave with pay not to exceed thirty (30) working days in each calendar year after one (1) year of service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. 10.4 Jury and Witness Leave. When an on -duty employee is called to serve as a juror or non- party witness in any court action, he or she shall be allowed to leave for the time actually required for such service without loss of pay. Each on -duty employee called for such service shall present his or her Department Head the subpoena calling him or her to such service and shall pay into the City Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. 10.5 Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana will be granted leave with pay for the time actually required without loss of any accrued vacation time off benefits. 10.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Absence from duty without approved leave for five (5) consecutive working days shall be deemed a resignation from the service; provided, however, if the employee returns to work and provides an explanation for such absence which his or her Department Head finds satisfactory, the Department Head may restore the employee to his or her position, with the City Manager's approval. 10.7 Authorized Absence Without Pay_ Short Term. Absence without pay not to exceed five (5) consecutive working days may be authorized by the Department Head. Absence without pay up to fifteen (15) calendar days may be authorized by the Department Head 25B-46 with the approval of the City Manager. Such an absence may be authorized only if in the judgment of the Department Head it serves the best interest of the City. 10.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status and recommendation of approval by the Department Head, the City Manager may grant a leave of absence without pay for up to six (6) months. Additionally, the City Manager may grant an unpaid leave of absence extension of tip to one (1) year. An employee returning to duty with the City from such leave of absence shall inform the Department Head and the Executive Director of Personnel Services of his or her intention at least thirty (30) calendar days prior to the expiration of the leave of absence. Upon receipt of such notice, the Department Head will take steps necessary to restore the employee to his or her former position. 10.9 Industrial Leave. Any period of time during which an employee is required to be absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of his or her right to salary adjustments or to the accrual of vacation and seniority. 10.10 Pregnancy Disability Leave. Employees may tale an unpaid leave of absence during pregnancy disability consistent with the Pregnancy Disability Law (PDL), Family Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA). A pregnant employee is entitled to a reasonable leave of absence without pay for any temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Such reasonable leave of absence shall not exceed four (4) months. However, an employee may be granted up to an additional two (2) months of leave, at the discretion of the City Manager, for a total of up to six (6) months in which to recover from the disability. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take pregnancy leave must give reasonable notice of at least four (4) weeks before the commencement of the leave and include the estimated duration of the leave. The City will continue to contribute towards Health and welfare insurance coverage in accordance with state and federal legislation. The employee will be required to pay a cash premium to continue coverage while on a leave of absence without pay. Cy 25B-47 ARTICLE XI 11.0 EMPLOYEE INSURANCE 11.1 Health Insurance. The City shall contribute toward the payment of premiums for affected employees and their dependents under the existing health insurance programs or new program or programs providing substantially similar or improved coverage and benefits selected in accordance with procedures in effect on the effective date of this MOU: A. Effective January 1, 2018, the City's monthly contributions for medical insurance shall up to be as follows: EMPLOYEE EMPLOYEE + 1 FAMILY Lip to $654.00 up to $1,307.00 Lip to $1,700.00 B. Any contribution necessary to maintain benefits under said medical plans in excess of the amount set forth above shall be borne entirely by the employee. C. An employee who is covered trader a spouse's non -City sponsored health plan and voluntarily waives, in writing, their City paid health insurance coverage will receive a cash payment each month in an amount equal to 50% of the total monthly premium amount for the City's lowest "employee -only" coverage. Employees must show proof of qualified group health insurance coverage. 11.2 Dental Insurance. The City shall contribute a maximum amount of up to ninety ($90) dollars per month per employee toward the payment of premiums for dental insurance plans provided by the City for employees covered by this MOU and their eligible dependents. Any contribution necessary to maintain benefits under said dental plans in excess of the amount set forth above shall be borne entirely by the employee. 11.3 Long -Term Disability (LTD) Insurance. The City shall contribute up to ten dollars and thirty-nine cents ($10.39) per month to employees enrolled in the 130 day elimination period LTD plan. For employees who elect to upgrade their LTD benefit coverage to a 60 day elimination period plan, the City will contribute up to eleven dollars ($11.00) per month. Any amount necessary to maintain benefits under the long term disability insurance plans provided by the City in excess of the amounts set forth above shall be borne by the employee. 11.4 Life Insurance. The City shall provide its employees with a thirty thousand dollar ($30,000) term life insurance policy and a thirty thousand dollar ($30,000) Accidental Death and Dismemberment (AD&D) coverage at no cost to the employee. 0. r 11.5 When there is a need to discuss matters relating to employee insurance and the City believes it would be beneficial to involve an Insurance Committee, the Union shall have an equal number of representatives as the City on such a committee to meet as necessary. 11.6 Retirement Health Savings Plan (RHS). The Medical Retirement Subsidy Plan was dissolved by agreement between the parties during the 2015-2017 MOU term. A. The City amended the contract with ICMA -RC to allow SEIU members to participate in the "Vantage Care" Retirement Health Savings Plan effective January 1, 2016. The City and Union agree to the following elements: 1. 1.25% of base pay will be deposited into employees' individual RHS accounts each pay period. Effective upon adoption of this MOU an additional .25% of base pay, for a total of 1.5%, will be deposited into employee's individual RHS accounts each pay period. 2. Upon an employee's termination of employment with the City, their eligible sick leave balances will be directed into the individual' s RHS account based on the criteria in Article 10.1 K (Payment of Unused Sick Leave) of this MOU, and the Employer VantageCare Retirement Health Savings ("RHS") Plan Adoption Agreement based on the plan guidelines as determined by SEIU) to provide the employee and his or her designated eligible dependents, if any, with benefits under any health insurance program including, but not limited to, the program maintained by the City. 3. Upon retirement, the balance of an employee's sick leave accrual after eligible RHS payments are made, will be converted into CalPERS Service Credit. 11.7 Vision Plan. The City shall offer a vision plan for employees covered by this MOU. All premium costs shall be paid by the employee through payroll deductions. 47 25B-49 ARTICLE XII 12.0 RETIREMENT 12.1 General. The terms of the existing contract between the City and California Public Employees' Retirement System (CaIPERS) governing the City retirement benefits for employees are incorporated by reference herein. The City shall continue to make contributions to (CaIPERS) in accordance with its contract with Ca1PERS for employees covered by said contract as amended. 12.2 Deferred Retirement. The City shall continue to make payment to CaIPERS on behalf of each employee covered by this MOU in accordance with the following schedule: A. With respect to Miscellaneous employees covered by this MOU who do not qualify as "New Members" under the California Public Employees' Pension Reform Act of 2013 (PEPRA), the City shall pay an amount necessary to pay one hundred percent (100%) of his or her individual retirement contribution which is equal to eight percent (8%). Such payments shall be credited to the individual employee's CaIPERS account. Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this MOU shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and, thus will not withhold Federal or State income tax from said payments. The City has received an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation, not ordinary income. For the purpose of reporting an employee's compensation to CaIPERS, the City shall include these payments as if they were a part of the employee's base salary. 12.3 Credit for Unused Sick Leave. Employees covered by this MOU, can have unused accumulated sick leave at the time of retirement converted to additional service credit at the rate of 0.004 years of service credit for each day of unused sick leave (i.e., 200 days of sick leave equals .8 additional years of service credit). The City must report only those days of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to members whose effective date of retirement is within four (4) months of separation from employment. 12.4 Military Service Credit as Public Service. Employees covered by this MOU may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service. U-1 25B-50 12.5 2.7% at 55 Service Retirement Benefit for Miscellaneous employees. The City contracts with CalPERS to provide Miscellaneous employees who do not qualify as "New Members" under PEPRA with the 2.7% at 55 Service Retirement benefit. The employee contribution rate for Miscellaneous employees who do not qualify as "New Members" under PEPRA shall be (8%) percent of CalPERS reportable compensation. All employee contributions for retirement benefits are paid to the employer portion of the City's CalPERS contribution. This payment shall be paid in accordance with Government Code section 20516(f). Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. 12.6 2% cr 62 Service Retirement Benefit for "New Member" Miscellaneous employees. The City agrees to provide Miscellaneous employees covered by this MOU who are defined as "New Members" within the meaning of the California Public Employees' Pension Reform Act (PEPRA) of 2013 with the 2% @ 62 Service Retirement benefit. PEPRA went into effect on January 1, 2013. The parties agree that if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law, automatically goes into effect, either party may request to negotiate over the legislation, including over the impact. Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. Employees covered under the 2% @ 62 retirement formula shall pay one half of the normal cost rate as established by CalPERS. Pre -Taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. E9 25B-51 ARTICLE XIII 13.0 TOOL REIMBURSEMENT POLICY 13.1 Employees classified as Fleet Equipment Technician I, I1, or 111, or Fleet Equipment Supervisor shall continue to provide such tools as are ordinarily used in the trade which shall be the personal tools of the Technician. The City will continue with one (1) or more vendors' accounts for said employees who have at least one (1) year of service in such classifications. Effective July 1, 2015, such employees shall be allowed up to one thousand one hundred dollars ($1,100) per fiscal year with such vendor(s) in order to purchase tools which, in the sole determination of the Fleet Services Manager, are necessary for the performance of such employees' job duties. Employees will be allowed to carry over their unused tool allowances for not more than two consecutive fiscal years. The City shall bear no liability or responsibility in replacing lost or stolen tools except as provided in this Section. 50 25B-52 ARTICLE XIV 14.0 UNIFORM MAINTENANCE 14.1 All employees who are required by the City to wear a uniform while on duty shall continue to be provided with seven (7) sets of clean uniforms every two (2) weeks at no cost to the employees. All field/yard maintenance, custodial and equipment repair employees shall be provided with eleven (11) clean sets every two (2) weeks at no cost to the employees. All Police Records Personnel and the Senior Office Assistants assigned to the traffic window shall be provided with three (3) sets of uniforms made of Dacron and one (1) wool sweater. The Union agrees that any such employee who wishes to be provided with one (1) or more additional clean sets per week above the amounts specified above will be required to pay the extra cost incurred for such additional set(s). 51 25B-53 ARTICLE XV 15.0 SAFETY 15.1 General. The City and the employees of the City agree to comply with all applicable Federal, State, Local, and City of Santa Ana laws and regulations, which relate to health and safety. 15.2 Central Safety Committee. The Union may designate two (2) representatives and two (2) alternates, who may attend only in either of the representatives' absences, to serve on the City's Central Safety Committee. 15.3 Uniform/Safety Shoes. A. The City agrees to pay Lip to three hundred dollars ($300) per fiscal year per employee, for the purchase and/or repair of approved safety shoes/boots. The option of purchase and/or repair shall be at the sole discretion of each employee. Employees will be allowed to use this allowance to purchase insoles or other boot related accessories. B. Code Enforcement employees who are regularly assigned to work involving confiscation or retrieval of evidence or who must regularly enter dangerous or abandoned properties will be eligible for a boot/safety shoe allowance. Code Enforcement employees will be allowed to use this allowance to purchase uniform shirts as approved by the department manager or his/her designee. C. All safety shoes/boots purchased under this program must have steel reinforced toes, insteps and bear the official stamp of approval from the American National Standards Institute (ANSI), z-41. D. If a particular classification of employment is designated as requiring its incumbents to wear safety shoes, then it will be mandatory for all incumbents of that classification to wear the type of safety shoes (boot or low -quarter) deemed to be appropriate by the Department Head. (Some exemptions may be allowed, on a case-by-case basis, depending on the type and amount of exposure to hazardous conditions in particular positions and subject to the approval or disapproval of the City's Safety Officer.) E. The procedure necessary to be followed for the implementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City. 52 25B-54 ARTICLE XVI 16.0 RESERVED 53 25B-55 ARTICLE XVII 17.0 GRIEVANCE REVIEW PROCEDURE 17.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or the Union concerning the interpretation or application of specific provisions of this MOU, or of the rules and regulations governing personnel practices or working conditions of the City, except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by those provisions of the City Charter and the Civil Service Rules and Regulations. Employees may dispute any written reprimand filed in their official personnel file through the grievance procedure. 17.2 Informal Process - First Step. A. An employee and/or his or her designated representative must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period of fifteen (15) working days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within fifteen (15) working days, a mutually acceptable solution has not been reached at the informal level, the employee and/or the employee's designated representative shall then set forth the grievance in writing, indicate the specific MOU provision, rule or regulation allegedly violated, the nature of the action desired, sign it, and submit it in duplicate to the employee's Department Head. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above, within fifteen (15) working days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. D. Any resolution of the grievance at the informal stage by any person other than a middle manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application of this MOU. 17.3 Formal Process. A. Second Step. The Department Head or his or her designated representative shall meet with the employee and/or the employee's designated representative within fifteen (15) working days after the grievance has been submitted to the Department Head. The Department Head, or his or her designated representative, shall review 25B-56 the grievance and may affirm, reverse or modify the disposition made at the First Step and shall deliver his or her answer to the employee and/or the employee's designated representative within ten (10) working days after said meeting. B. Third Sten. If the grievance is not satisfactorily resolved at the Second Step, the employee and/or the employee's representative may submit the grievance in writing to the City Manager or his or her designated representative within thirty (30) days of being informed of the disposition made at the Second Step. Failure of the grievant and/or his or her designated representative to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the disposition made at the Second Step. The City Manager or his or her designated representative shall meet with the employee and/or the employee's designated representative within fifteen (15) working days after submission of the grievance. The City Manager, or his or her designated representative, after careful review, may affirm, reverse, or modify the disposition made at the Second Step and his or her decision, which shall be final and binding, shall be delivered in writing, to the employee and/or the employee's designated representative within fifteen (15) working days after said meeting. A copy of the written grievance to the City Manager, or his or her duly authorized representative, and of the City Manager's or his or her representative's written decision, shall be filed in the personnel records of the department and the grievant's personnel jacket maintained in the City Personnel Services Department. C. Fourth Sten. If the grievance is not resolved at the third step, the Union may request that the grievance be submitted to advisory arbitration for issuance of a recommendation. The Union must advise the Personnel Department within 10 calendar days of receipt of the decision from the City Manager at Step 3 of its desire to request to have the matter considered by an arbitrator. Upon request to submit the matter to arbitration, unless the parties can agree on an arbitrator to hear the grievance, the City will request a list of seven arbitrators from the State Mediation and Conciliation Service. Upon receipt of the list, the parties will strike names with the Union striking first. Once an arbitrator is selected, he/she will conduct a hearing regarding the grievance. The cost of the arbitrator shall be equally shared between SEIU and the City. Once the arbitrator issues his/her advisory recommendation to the parties, the recommendation shall be submitted to the City Manager who will make a final decision on the grievance within 20 days of his/her receipt of the recommendation. 17.4 Reservation of Rights. After the procedure set forth in this Article has been exhausted, the grievant, the Union, and the City shall have all rights and remedies to pursue said grievance under the law. 55 25B-57 ARTICLE XVIII 18.0 UNION RIGHTS 18.1 Release Time for Union Representatives. The Union shall have the right to appoint/elect a reasonable number of representatives who are recognized by the City as officers or work site leaders/stewards. A. Such reasonable number of work site leaders/stewards recognized by the City shall be limited to eighteen (18). B. The City's Employee Relations Manager shall be provided with a list of names and classification titles of the Union's officers as set forth in the Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721 Bylaws, as well as the names and classification titles of all work site leaders/stewards and other Union representatives. The Union agrees to inform the City in writing of any changes in said list within ten (10) calendar days of date of change. C. During the term of this MOU, the City agrees to grant a reasonable amount of City time, without loss of pay or benefits, to enable the officers and worksite leaders/stewards to assist other bargaining unit employees in processing grievances under the Grievance Review Procedure. Officers and worksite leaders/stewards shall make advance arrangement with their supervisors prior to absenting themselves for such purpose. The officers and worksite leaders/stewards shall be required by the City to record and report to their supervisors the work time spent in assisting other bargaining unit employees pursuant to this provision of the MOU. Any unauthorized or unapproved time used by worksite leaders/steward, officers to investigate, discuss, process or meet in conjunction with pursuing a grievance or complaint shall be charged to that employee's vacation or comp time leave bank. The Union shall limit the number of officers or worksite leaders who participate in the investigation or appear at hearings on City time to one representative and a Board member. D. Union Business Leave Time. In addition to the above time officers and worksite leaders/stewards shall be granted three hundred (300) hours per fiscal year. The purpose of this additional three hundred (300) hours per fiscal year shall be to enable the officers and worksite leaders/stewards to participate in union activities which may include conventions, seminars and meetings that are otherwise not covered by this MOU. Such time shall be paid by the Union. 56 25B-58 However, such officers and worksite leaders/stewards shall make advance arrangements with their supervisors prior to absenting themselves for such purposes. The officers and worksite leaders/stewards shall be required by the City to record and report to their supervisors on the work time spent on Union business. Any unauthorized or unapproved time used by officers and worksite leaders/stewards to conduct union business shall be charged to that employee's vacation or comp time leave bank. Time spent by the Union Chapter Chair/President, officers or worksite leaders/stewards on Chapter Chair/President's leave, as noted in Section E below, and/or Union Business leave time, under this MOU, shall not be considered time worked for computation of overtime according to the Fair Labor Standards Act. E. Chapter Chair/President's Leave Time. During the term of this MOU, the City agrees to grant the Union Chapter Chair/President half of his/her work week paid time off which shall be paid by the Union and subject to the following terms and conditions: The Union Chapter Chair/President will conduct any Union business performed during the half of his/her work week off the worksite. However, the Chapter Chair/President may conduct Union business on worksites pursuant to Article XVIII — Union Rights, Section 18.2 - Worksite Access provision of the MOU. 2. The Department Director of the Union Chapter Chair/President may approve additional time off for the Union President for Union seminars and other business on a prescheduled basis. Such additional time off shall be paid for by the Union or from the Chapter Chair/President's vacation or compensatory time bank. The Department Director of the Union Chapter Chair/President will schedule the Union Chapter Chair/President to be offsite for half of each workday to conduct Union business, upon request of the Union. The Department Director shall schedule the Union Chapter Chair/President to be onsite working on City business each half day of each normal work week. The Department Director may change the schedule of the Union Chapter Chair/President upon reasonable notice to the Union Chapter Chair/President. 4. During the period of time the Union Chapter Chair/President is performing City work, he or she shall receive no phone calls or visitors. Persons who F't1 25B-59 call or wish to see the Union Chapter Chair/President during his or her work time shall be referred to the Union's offsite headquarters. 5. Time spent by the Union Chapter Chair/President on Chapter Chair/President's Leave time shall not be considered time worked for the computation of overtime according to the Fair Labor Standards Act. 6. The Union shall reimburse the City for 100% of the salary, including any premium payments and benefit costs for the Chapter Chair/President's leave time. The Union agrees to pay for Union Leave and Chapter Chair/President's Leave within thirty (30) days of receiving the bill from the City. The bill will be sent on a monthly basis. If the bill is not paid within thirty (30) days, the City shall deduct such amount from the Union dues collected from the employees on behalf of the Union. In the event a portion of the bill is rightfully contested, the City shall only deduct the non -contested portion from employee's dues. Any issues related to the bill must be brought to the attention of the Executive Director of Personnel Services within fifteen (15) days of its receipt and must be resolved within fifteen (15) remaining days so that the bills are paid in a timely manner as stated (within thirty (30) days of its receipt). 8. The Union shall provide an insurance policy or policies, or certificate of such insurance, naming the City of Santa Ana, its officers and employees as insured or additional insured which provides coverage against liability for any and all claims and/or suits for damages or injuries to persons or property resulting from or arising out of any act or omission of said Union representative. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage not less than the following minimum amounts: one million dollars ($1,000,000) combined single limit or its equivalent. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days' notice has been given in writing to the City of Santa Ana. 9. The Union shall provide the City of Santa Ana with an insurance carrier certifying that it carries primary workers' compensation insurance on behalf of said Union representative and the policy shall not be canceled nor coverage reduced until after ten (10) working days' notice has been given in writing to the City of Santa Ana. 10. The Union shall indemnify and save harmless the City of Santa Ana, its officers and employees from and against any and all damage to property or injuries to or death of any person or persons, including property and employees or agents to the City of Santa Ana. The Union shall defend, m 25B-60 indemnify, and save harmless the City of Santa Ana, its officers and employees from any kind and all claims to demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitations, workers' compensation claims, resulting from or arising out of the negligent acts, errors, or omissions, arising out of the intentional or malicious acts of the Union's representatives. 11. The Union and the City of Santa Ana agree that the Union Chapter Chair/President will not be required to carry out any City duties during the time the Union Chapter Chair/President is on Chapter Chair/President's leave for half of the normal work week. The Chapter Chair/President will be required to comply with the rules and regulations of the City of Santa Ana as they apply to off-duty employees, except such Union Chapter Chair/President will not be required to report to work for any purpose during the half of the normal work week of Union Chapter Chair/President's leave time. 12. Upon return to duty from Chapter Chair/President's Leave of half of the normal work week. The Union Chapter Chair/President shall be restored to the same position without loss of any benefits as he or she would have occupied or accrued if there had been no disruption in duty status. Release of employees for Union Business Leave shall be on the same basis as employees are released from duty for vacation leave, except that such requests for leave shall not unreasonably interfere with the operation of the City department and shall be approved by the employee's Department Head. The employee taking Union Business Leave shall not unreasonably interfere with the operation of the City department and shall be approved by the employee's Department Head. The Department Head shall not unreasonably withhold permission to utilize Chapter Chair/President's Leave time and/or Union Business Leave from any employee who has been duly authorized by the Union to take such leave. The Union Chapter Chair/President shall have half of the normal work week or one thousand forty (1,040) hours per year of time off to conduct Union business which shall be paid by the City, but reimbursed to the City by the Union directly from the Union. 59 25B-61 18.2 Worksite Access. A. Officers, worksite leaders/stewards and/or paid Union representatives shall be permitted to visit break and lunch areas designated by the City, before or after work or during designated lunch periods for the purpose of discussing Union business, provided that arrangements are made in advance with the manager responsible for the worksite. B. Such visits shall not disrupt the work of City employees or interfere with the normal operations of the department or with established safety and security requirements. Where any such problems arise, the Union and the City will agree on an alternate meeting/conference facility for the purpose of providing a place for the Union to hold meetings before or after work or during lunch periods. If the alternate meeting site is a City facility during non -working hours, its scheduling and use shall be governed in accordance with regulations pertaining to the use of public meeting rooms at City facilities. C. Solicitations of membership and all activities concerned with the internal management of the Union, such as collecting dues, holding membership meetings, preparation of petitions, preparation of proposals, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours. D. Officers and employees may perform those duties assigned to them by the Union, but in no event shall they have the right to interfere with the performance of work of any other employee or interfere with City operations or to call a strike, slowdown, work stoppage, sympathy strike or take any economic action against the City. 18.3 Release Time for Employeepresentatives. A. In the event that the Union is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City business hours, a reasonable number of officers, employee representatives or other officials of the Union shall be allowed reasonable time off without loss of compensation or other benefits. B. Such officers and employee representatives shall not leave their duty or work station or assignment without the prior knowledge of their supervisor or such supervisor's supervisor. C. Such meetings are subject to scheduling in a manner consistent with City operating needs and work schedules. 25B-62 18.4 Use of Bulletin Boards. Space shall be made available to the Union on the City's existing employee bulletin boards for the purpose of posting notices pertaining to Union business, subject to the following conditions: A. Material posted by the Union shall not include campaign material on municipal election matters, including elections for City Council, other City positions, or other municipal political matters. B. Material posted shall not be derogatory to the City, City employees or other employee organizations. C. All materials shall be dated, identify the Union and bear the signature of the authorized representative(s) of the Union validating the posting. D. The City reserves the right to determine what reasonable portion of employee bulletin boards are to be allocated to Union materials. E. If the Union does not abide by these provisions, it will forfeit its right to have materials posted on the City's employee bulletin boards. F. The Union shall not be permitted to post any material that is prohibited by State law or the City Charter. 18.5 Use of CityFacilities. The City shall allow the Union to conduct meetings in the City's public meeting rooms during non -working hours provided such meetings are scheduled in accordance with regulations governing the use of public meeting rooms at City facilities. The Union shall not be permitted to use such City facilities to discuss or present any matter that is prohibited by State law or the City Charter. 25B-63 ARTICLE XIX 19.0 DUES DEDUCTION & INDEMNIFICATION 19.1 Dues Deduction. The City shall deduct dues on a regular basis from the pay of all employees covered by this MOU who voluntarily authorize such deduction in writing and on a form to be provided for this purpose by the City. The City shall remit such funds to the Union within thirty (30) calendar days following their deduction. 19.2 Agency Shop. A. All employees represented by the Santa Ana City Employees, Chapter1939/Service Employees International Union Local 721, shall, as a condition of continuing employment become and remain members of the Union or shall pay to the Union a service fee in lieu thereof. The service fee shall be an amount not to exceed the standard initiation fee, periodic dues and general assessments of the Union. B. Any employee hired by the City subject to this MOU shall be provided, through the Personnel Services Department, with an authorization form for the deduction of Union dues. Employees shall have thirty (30) working days following the initial date of employment to fully execute the authorization form and return it to the Agency/Department payroll section. The effective date of Union dues, service deductions or charitable contribution for such employees shall be the beginning of the first pay period of employment. C. Any employee of the City subject to this MOU who wishes to execute a written declaration claiming a religious exemption from paying Union dues, and who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting a public employee organization and which is recognized as such by the Public Employer Relations Board, shall, upon presentation of verification of active membership in such religion, body or sect be permitted to make a charitable contribution equal to the service fee in lieu of Union membership or service fee payment to one of three designated nonreligious, non -labor, charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Declarations or applications for religious exemption and any supporting documentation shall be forwarded to the Union within fifteen (15) calendar days of receipt by the City. The Union shall have fifteen (15) calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City Manager or his or her designee. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be by regular payroll deduction only. For purposes of this section, charitable deduction means a contribution to one of three non-profit organizations, with the United Way being one of them. 62 25B-64 D. Maintenance of Dues Payroll Deduction Any employees in this unit who have authorized Union dues deductions on the effective date of this Memorandum of Understanding or at any time subsequent to the effective date of this Memorandum of Understanding shall continue to have such dues deduction made by the City during the term of this Memorandum of Understanding; provided, however, that any employee in the Unit may terminate such Union dues each year during the period February 10 through February 28, by notifying the Union of their termination of Union dues deduction. Such notification shall be by certified mail and should be in the form of a letter containing the following information: employee name, employee number, job classification, department name and name of Union from which dues deductions are to be cancelled. The Union will provide the City with the appropriate documentation to process these dues cancellations within ten (10) business days after the close of the withdrawal period. E. The Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721 shall indemnify and hold the City, its officers and employees, harmless from any and all claims, demands, suits, or any other action arising from the Agency Shop or Maintenance of Dues Payroll Deduction provisions herein. In no event shall the City be required to pay from its own funds, Union dues, service fee or charitable contributions, which the employee was obligated to pay, but failed to pay, regardless of the reasons. 63 25B-65 ARTICLE XX 20.0 CITY RIGHTS 20.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. To determine methods of financing. F. To determine types of equipment or technology to be used. G. To determine and/or change the facilities, methods, technology, means, and size of the workforce by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including but not limited to the right to contract for or subcontract any work or operation of the City. 1. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similar nori-disciplinary reason, subject to the provisions of the City Charter, Municipal Code, Federal and State law and this MOU. K. To establish and modify productivity and performance programs and standards. RE 25B-66 L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code. M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this MOU. O. To determine policies, procedures, and standards for selection, training and promotion of employees. P. To establish employee performance standards including but not limited to quality and quantity standards and to require compliance of such standards. Q. To maintain order and efficiency in its facilities and operations. R. To establish and disseminate and/or modify rules and regulations to maintain order and safety in the City which are not in violation with this MOU. S. To take any and all necessary action to carry out the mission of the City in emergencies. 20.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Union regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. 65 25B-67 ARTICLE XXI 21.0 STRIDES & WORK STOPPAGES/NO LOCKOUT 21.1 Prohibited Conduct. A. The Union, its officers, agents, representatives, and/or members agree that during the term of this MOU, they will not cause or condone any unlawful strike, walkout, slowdown, sick-out, or any other unlawful job action by withholding or refusing to perform services. There shall be no lockouts by the City during the term of this MOU. B. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority without right of appeal to the Personnel 'Board in accordance with City Charter Section 1014. 21.2 Union Responsibility. In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 21.1 — Prohibited Conduct, Section A above of this Article, the Union shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in the conduct prohibited in Section 21.1 — Prohibited Conduct, Section A and return to work. r ARTICLE XXII 22.0 LAYOFFS 22.1 It is the hope of the City not to separate any employee(s) from employment because of a reduction in the workforce during the term of this MOU. However, circumstances arising during this MOU may require such separation(s). In that event, the City will provide reasonable notice to the Union of the details of the separation(s) in order to meet and exchange information, opinions and proposals regarding the consequence(s) of the separation(s) on the employee(s). This provision in not intended to be a waiver of any other rights the parties may have ander this MOU. 22.2 The principles of seniority (length of service) shall govern layoffs as described herein, except in the event that more than one employee has the same seniority date, in which case performance also shall be considered. The City's determination of performance shall not be arbitrary or capricious in nature. Any dispute over the application of the principles outlined in Article XXII — Layoffs shall be subject to the grievance procedure. A. Classification seniority is defined as length of service in the classification, and shall begin on the first date worked by the employee in that classification. Whenever a position within a classification is to be eliminated, resulting in the layoff of an employee, seniority shall govern the order of layoff. The employee with the lowest seniority in the affected classification shall be laid off first. B. In lieu of layoff, an employee may elect to work in a lower classification, in which he or she has served, providing that classification is within the same job family/career ladder. In that event, the employee's length of service in the next lower classification will be added to his or her length of service in the affected classification, and said combined seniority shall be used to bump down into the next lower classification. This method of combining seniority shall be applied to subsequent lower classifications. C. The reemployment list shall be valid for one year from the date of its establishment. Reemployment shall be in reverse order of layoffs. The Joint Labor Management Committee will determine Job Family/Career Ladder. 22.3 A bargaining unit employee who is laid off from full time City employment pursuant to this Article, may be granted a temporary appointment to a vacant position in any classification for which there is no eligible list and for which said employee meets the minimum qualifications established for the classification and possesses the requisite knowledge, skills and abilities to satisfactorily perform the work of the classification. Such temporary appointment will be terminated upon the establishment of a new eligible list for the classification or one year following the initial day of such temporary appointment, whichever occurs first. 67 25B-69 22.4 Contracting Out If it is decided to contract out work currently being performed by employees of this bargaining unit and it is projected that no employee covered by this MOU is to be laid off, receive a reduction in hours worked, or receive a loss in pay due to said contracting out, the City shall provide the Union reasonable notice of the decision to contract out, will meet with the Union upon the Union's request over the impact of the decision to contract out and will consider reasonable alternatives provided by the Union. If the City determines to replace employees covered by this MOU with contract workers to perform the same work Linder similar circumstances, it will expeditiously notify the Union of its intentions. Upon request by the Union the City will schedule meetings with the Union leadership to discuss this objective and give the Union the opportunity to present information before any final decision. The City and Union leadership agree to commence meeting with each other when practicable for a period not to exceed forty-five days, unless mutually agreed to meet longer. At the end of the agreed upon time and if the parties have not achieved satisfactory resolution, the issues will be resolved according to the City's Employer -Employee Relations Resolution (Resolution No. 81-75). Notwithstanding the above paragraph, if any bargaining unit member is laid off as a result of a decision by the City to contract out work, the City shall make a reasonable effort to cause the affected employee(s) to become employed by the company or entity with which the City contracted for the applicable services. Prior to bringing any requests for proposal (RPP) to the City Council which would result in the contracting out of bargaining unit work, and prior to any such requests being issued seeking such proposals, the parties agree to the following: A. The City will inform SEIU in writing of its intent to submit such request to the City Council for approval. B. The City will inform SEIU in the same writing of its right to request to meet to discuss the proposed RFP prior to bringing it to the City Council or seeking such proposals to give SEIU the opportunity to discuss its position regarding the RFP with the City. C. The City agrees to meet with SEIU (at its request) at least twice within 20 working days of the written notification of the REP to consider SEIU's positions regarding the REP. The City agrees that upon mutual agreement of the parties, it will agree to meet more than twice prior to bringing the RFP to the City Council and upon mutual agreement may agree to give SEIU more than 20 working days in which to conduct the meetings with the City representatives. 25B-70 D. The City also agrees that if the existing employees who will be impacted by the contracting out (i.e., those employees whose work will be contracted out if there is an RFP accepted by the City) wish to bid for the work by submitting an response to the RFP, the City will consider such response along with the other responses received. E. After the City receives the bids and identifies the most responsible bidder, the City will notify the Union, who will have five calendar days to submit a subsequent bid which will then be considered by the city in making its determination as to which bidder to choose. 25B-71 ARTICLE XXIII 23.0 MISCELLANEOUS PROVISIONS 23.1 The City agrees to provide a list each month to the Union with names and classification titles of bargaining unit employees who have separated from full-time City service and the names and classification titles of bargaining unit employees who have been hired. The Union agrees to pay the City's cost of producing such lists. After ratification of this MOU by the City Council, a complete list of bargaining unit employees and their addresses will be provided to the Union once every fiscal year. 23.2 The City agrees to distribute Union membership pamphlets, to bargaining unit employees at the new employee orientation sessions conducted by the City, if such sessions are conducted. 23.3 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of absence without pay by the City Manager due to a catastrophic, non -industrial medical condition or injury, the City and Union agree to implement a Catastrophic Leave Donation Program. Nothing in this article shall be construed to alter City policies and procedures as provided in the Charter or ordinances of the City or other provisions of this MOU with regard to granting unpaid leaves of absence. For the purposes of implementing this program, "Catastrophic" condition shall mean any significant personal tragedy such as life-threatening illness or severe non -industrial illness or injury of duration of more than two (2) weeks which requires the employee to need personal time off beyond the amount of leave time he/she has accrued. Maternity leave or elective surgery, absent significant unplanned complication preventing the employee's return to work, is not considered catastrophic. The Catastrophic Leave Donation Program shall cover the uncompensated time prior to the employee's becoming eligible for the LTD benefits. A. Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient. Employees may donate vacation, compensatory time or one floating holiday to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided a two-week period to submit donations. Donations received after this two-week period shall not be processed. The two-week period for each case shall be selected by the Department Head or his or her designee. 70 25B-72 3. All donations must be made in two (2) hour increments, except for floating holiday donations which must be made in eight (8) hour increments. 4. Any authorization of donations not made in accordance with the procedures outlined in Section C, Subparagraph 2 below will not be processed. 5. All donations shall be irrevocable. 6. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave and may be used pursuant to Article X — Other Leaves of Absences, Sections 10.1 — Sick Leave. B. Eligibility. Regular, full-time employees shall be eligible for Catastrophic Leave Donations if the following criteria are met: 1. When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time and vacation, will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The employee's Department Head, or his or her designee, has approved a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need for an extended medical leave and an estimate of the time the employee will be unable to work. C. Procedure. 1. Upon receipt of a valid request for donations from an eligible employee, the Department Head or his or her designee shall post a notice within forty eight (48) hours of receipt of the eligible employee's need for donations via email and on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice. 2. Employees wishing to donate time to an eligible employee must sign his or her authorization of the transfer of such donated time and provide: • His or her name, department name, and employee number. • The number of hours of compensatory or vacation time of the donation within the limitations of Section A, subparagraph 3 above; • The name, department and employee number of the recipient; • A statement indicating that the donor understands such donation of time is irrevocable. 71 25B-73 At the close of the donation period, the department shall verify that each donating employee has accrued vacation and/or compensatory time balances sufficient to cover the designated donation. 4. The department shall submit all approved donation authorizations for an eligible employee at one time for processing. No donation authorizations for the eligible employee will be processed after this period. However, employees who receive donations under this procedure and who exhaust all donated hours may request an additional donation period subject to the provisions of Section A above. The City shall add the donated time to the recipient's sick leave account. 23.4 Joint Labor Management Teams. The City and the Union agree to form Joint Labor Management teams for the purpose of exploring issues of mutual concern. Each team shall be comprised of an equal number of labor and management employees and shall be chaired by the Employee Relations Manager. In no case shall the activity of a team create a delay or hindrance to the ongoing operation of the City. The City and the Union shall hold a meeting upon the City's or the Union's written request to meet. 23.5 Performance Appraisals. Non -probationary performance appraisals not completed within six (6) months of the due date shall be stayed and the employee shall next become subject to evaluation upon the end of the evaluation period next following. Provided that merit advance performance appraisals shall be completed in accordance with Article IV - Salaries, Section 4.8 — Advancement Within Ranges. 23.6 Driving City Vehicles. A. Driver's Alert Decal -Based Monitoring Program By identifying high-risk driving behavior and drivers who engage in unsafe driving acts, the purpose of this program is to intervene quickly to correct and control these risk factors and high-risk activities. Driver's Alert SMART RISK` identifies the specific drivers who are at high risk to cause an at -fault crash, so it can be prevented. Reporting is done via 1 (800) number and an identification number on "How Am I Driving?" decals affixed to City vehicles. Reports will be transmitted to the impacted manager and can include complaints or compliments regarding a driver's activity. There is currently no discipline or reward policy in place that would impact employees being reported by this program. B. Automatic Vehicle Location (AVL) System. The automatic vehicle location (AVL) system is a means for automatically determining the geographic location of a vehicle and transmitting information to a requester. lA 25B-74 Reporting information from AVL will include route, vehicle operations, destination and idle times. The information will be used to monitor the location and usage of a vehicle to ensure the most energy and time -efficient routing and operation of vehicles. AVL database information may only be accessed and subsequently used by supervisory and management employees in participating division operations. The AVL system is not intended to monitor employee behavior; however, it may provide, but not prove to be the sole basis, for disciplinary action if data indicates employee failure to provide efficient and productive service throughout the workday. 73 25B-75 ARTICLE XXIV 24.0 SOLE & ENTIRE AGREEMENT 24.1 It is understood and agreed that the parties to this MOU are subject to all current and future applicable Federal and California laws, the City of Santa Ana Charter and Municipal Code, as well as the City's Employer -Employee Relations Resolution (#81-75). The provisions of this MOU shall supersede all prior agreements and memoranda of agreement, or MOU, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral or written, express or implied between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law or the City Charter. The City will continue to provide employees covered by this MOU a reduced size copy of this MOU and its attachments, including a section containing the Employer -Employee Relations Resolution of the City of Santa Ana. 24.2 Notwithstanding the abovementioned language, City personnel rules and regulations and departmental rules and regulations exist. These rules and regulations shall be continued to the extent they do not breach specific provisions of this MOU. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and/or other terms and conditions of employment, the City shall meet and confer with the Union; provided, further, however, no provision of the rules and regulations shall be changed to breach specific provisions of this MOU. 74 25B-76 ARTICLE XXV 25.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU 25.1 Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties regarding the provisions contained in this MOU. Neither party shall, during the term of this MOU, demand any change to the MOU, except that nothing shall prohibit the parties from changing the terms of the MOU by mutual agreement and in writing signed by the parties. 75 25B-77 ARTICLE XXVI 26.0 EMERGENCY WAIVER PROVISION 26.1 In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. The Union shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency. 76 25B-78 ARTICLE XXVII 27.0 SEPARABILITY PROVISION 27.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. 77 25B-79 ARTICLE XXVIII 28.0 TERM OF MOU 28.1 The term of this MOU shall be from July 1, 2017 through December 31, 2018. In ARTICLE XXIX 29.0 RATIFICATION AND EXECU'T'ION 29.1 The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Memorandum of Understanding shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representatives of the City and the Association and entered into this 511 day of December 2017. Dated: Dated: Dated: ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: SONIA R. CARVALHO, CITY ATTORNEY 79 CITY OF SANTA ANA, a Municipal Corporation of the State of California By: MAYOR By: CITY MANAGER By: EXECUTIVE DIRECTOR - PERSONNEL SERVICES 25B-81 This MOU has been ratified by the membership of the Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721. SEIU: Dated: Mike Lopez, President 25B-82 Jody Klipple Legal Counsel EXHIBIT A — LIST OF FULL-TIME CLASSIFICATIONS REPRESENTED BY SEIU Accountant Accountant II Accounting Assistant/Systems Technician Accounting Assistant Accounts Payable Supervisor Active Transportation Coordinator Arts & Culture Specialist Asset Management Analyst Assistant Buyer Assistant Engineer I Assistant Engineer II Assistant Fleet Equipment Technician Assistant Instrument Technician Assistant Librarian Assistant Parks/Landscape Planner Assistant Plan Check Engineer I Assistant Plan Check Engineer II Assistant Planner I Assistant Planner II Assistant Traffic Operations Engineer Associate Park and Landscape Planner Associate Plan Check Engineer Associate Planner Bibliographic Technician Building Inspector Building Maintenance Aide Building Maintenance Supervisor Building Maintenance Technician Building Technician Business Tax Collector/Inspector Buyer/Systems Technician Buyer Central Services Supervisor Code Enforcement Associate Code Enforcement Officer Code Enforcement Supervisor Combination Building Inspector Community Development Analyst Community Development Commission Secretary Community Development Technician 81 25B-83 Community Events Supervisor Community Liaison Community Services Supervisor Computer Operator Computer Programmer Computer Systems Analyst/Programmer Construction Inspector I Construction Inspector II Contracts Administrator Correctional Records Specialist Custodial Aide/Porter Custodian Supervisor Custodian Customer Service Representative Data Entry Office Asst Data Entry Operator Data Entry Specialist Deputy Clerk of the Council DNA Coordinator Downtown Development Liaison Economic Development Aide Economic Development Specialist I Economic Development Specialist II Economic Development Specialist III Electrical Inspector Employment Services Fiscal Specialist Engineering Aide Environmental Coordinator Equipment Operator - Water Services Equipment Operator Executive Secretary Facilities Supervisor Fleet Parts Specialist Fleet Services Supervisor Fleet Services Technician I Fleet Services Technician II Fleet Services Technician III General Maintenance Aide General Maintenance Leader General Maintenance Supervisor General Maintenance Worker GIS Administrator GIS Systems Analyst/Programmer m Graphics Designer I Graphics Designer II Housing Authority Aide Housing Authority Analyst Housing Authority Coordinator Housing Authority Intake Specialist Housing Authority Operations Supervisor Housing Programs Aide Housing Programs Analyst Housing Programs Coordinator Housing Specialist I Housing Specialist II Information Services Representative Instrument Technician Intake Specialist Landscape Development Associate Lead Accounting Assistant Lead Correctional Records Specialist Lead Police Records Specialist Librarian Library Aide Library Services Assistant Loan Specialist Mail Clerk/Messenger Maintenance Assistant Maintenance Worker I Maintenance Worker II Meter Reader Collector Micro System Programmer Micro Systems Technician Neighborhood Improvement Projects Specialist Network Engineer Network Specialist/WAN Systems Administrator NPDES Manager Office Assistant Office Specialist Office Supervisor Park Maintenance Aide Park Ranger Park Services Inspection Supervisor Park Services Inspector I Park Services Inspector II Parking Meter Operations Supervisor W 25B-85 Parking Meter Technician I Parking Meter Technician II Permit Services Processor Permit Services Supervisor Permit Services Technician Plan Examiner (T) Planning Assistant Planning Commission Secretary Plumbing Inspector Police Fiscal Officer Police Fiscal Services Supervisor Police Records Specialist Police Records Supervisor Police Systems Support Analyst Principal Librarian Principal Programmer Analyst Programmer Analyst Projects Manager Property Control Specialist Property Rehabilitation Assistant Public Works Crew Leader Public Works Dispatcher Public Works Project Manager Public Works Projects Specialist Public Works Safety Coordinator Purchasing Assistant Purchasing Specialist Purchasing Supervisor Receptionist Records Specialist Recreation Leader Recreation Program Coordinator Reprographic Equipment Operator Residential Construction Specialist Revenue and Contract Compliance Auditor Revenue and Contract Compliance Examiner Revenue Processing Assistant Revenue Supervisor Sanitation Inspector I Sanitation Inspector II Secretary Security Electronics Technician Senior Accountant Senior Accounting Assistant/Systems Technician Senior Accounting Assistant Senior Assistant Engineer Senior Building Inspector Senior Civil Engineer Senior Combination Building Inspector Senior Community Development Analyst Senior Community Planner Senior Correctional Records Specialist Senior Deputy Cleric of the Council Senior Electrical Inspector Senior Electrical Systems Specialist Senior Engineer Senior Fleet Services Supervisor Senior Grading Specialist Senior Housing Specialist Senior Land Surveyor Senior Librarian Senior Library Technician (T) Senior Office Assistant Senior Office Specialist Senior Park Services Inspection Supervisor Senior Plan Check Engineer Senior Planner Senior Plumbing Inspector Senior Plumbing/Mechanical Systems Spec. Senior Police Records Specialist Senior Programmer Analyst Senior Receptionist Senior Residential Construction Specialist Senior Systems Administrator Senior Traffic Engineer Senior Transportation Analyst Senior Water Services Supervisor Senior Water Systems Operator Stock Clerk Storekeeper Stores & City Yard Property Specialist Stormwater Coordinator Street Lighting Maintenance Worker Street Maintenance Supervisor Street Painter Supervising Accountant m 25B-87 Supervising Buyer Supervising Library Services Assistant Supervising Park Ranger Survey Party Chief Survey Party Technician I Survey Party Technician 11 Systems Administrator Systems Support Analyst Systems Technician Telecommunications Coordinator Telecommunications Customer Service Representative Tenant Services Technician Treasury Services Specialist Treasury Services Supervisor Tree Maintenance Supervisor Tree Trimmer Utilities Billing/Systems Technician Video Technician Water Services Crew Leader Water Services Meter Repairer I Water Services Meter Repairer II Water Services Production Supervisor Water Services Quality Coordinator Water Services Quality Inspector Water Services Quality Supervisor Water Services Supervisor Water Services Utility Inspector Water Services Worker I Water Services Worker II Water Systems Operator I Water Systems Operator 1I Water Systems Operator III Web Systems Technician Website Entry Specialist Work Center Coordinator Workforce Specialiste Workforce Specialist II Workforce Specialist III Workforce Specialist IV Youth Services Supervisor Youth Services Technician Zoo Animal Registrar Zoo Curator of Education Zoo Curator Zoo Education Specialist Zoo Keeper Aide Zoo Keeper I Zoo Keeper II Zoo Operations Coordinator m r - • • 25B-90 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: APPROVE AN AGREEMENT WITH DOWNTOWN INC. TO PROVIDE CLEAN AND SAFE PROGRAM FOR DOWNTOWN SANTA ANA (Non -General Fund) (STRATEGIC PLAN NO. 3,4A) ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with Downtown Inc. (DTI) to provide an additional $100,000 for clean and safe services for a one-year period ending on December 31, 2018 for a total amount of $500,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 31, 2013, the City executed a Settlement and Release Agreement with Downtown Inc. to fund the downtown's Clean and Safe program for three years in an amount of $400,000 per year. The terms of the Agreement automatically renew each year. It is recommended that the City terminate the Settlement and Release Agreement and execute a new agreement for Clean and Safe services with Downtown Inc. in the amount of $500,000 (Exhibit 1). Downtown Santa Ana continues to experience growth as well as challenges. Increased need for litter pick up and street cleaning have been noted. A greater influx of visitors during night time into the downtown have also added to the maintenance needs to keep the downtown an attractive, safe and clean place for residents and visitors. Due to this increased demand, Downtown Inc. is requesting an additional $100,000 to hire two new full-time staff members whose duties will include maintenance as well as additional new duties like the placement and removal of recently purchased street furniture. Two additional pressure washing days will also be added to the current schedule (Exhibit 2). The current Downtown Clean and Safe maintenance program includes sidewalk sweeping and pressure washing, gum removal, trash and/or bulky item removal, alley/median/parkway maintenance; and litter and debris pick-up. Each maintenance service assists in beautifying the downtown district and enhances the image of the commercial core. This activity is designed to 25C-1 Clean and Safe Agreement December 5, 2017 Page 2 enhance customer experience, increase commerce and help attract and retain new businesses within the district. Funds for increased services are made available through increased revenue from patrons that park in the downtown. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City 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 A (Provide a safe and inviting public environment in the downtown (including the Wellness Corridor) through enhanced amenities, improved wayfinding and engaging street/sidewalk design and lighting). FISCAL IMPACT Funds in the amount of $250,000 are available in the Downtown Enhancements and Parking Modernization Plan account (no. 02710133-62300) for expenditure in FY 2017-18 for the first six months. The remaining $250,000 will be budgeted in the FY 2018-19 budget. obert M. Zur c mied Interim Executi irector Community Development Agency Exhibit: 1. Agreement 2. Scope of Services APPROVED AS TO FUNDS AND ACCOUNTS: C1Mi� �l�e e1 �yQ- Francisco Gutierrez Executive Director Finance and Management Services Agency 25C-2 EXHIBIT 1 DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT This SERVICES AGREEMENT made and entered into this _ day of , 2017, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Downtown Incorporated, Inc., a California non-profit corporation ("DTI"). RECITALS A. On January 31, 2013, the City executed Settlement and Release Agreement No. A-2013-039 with DTI to fund the downtown's Clean and Safe Program for three years at a cost of $400,000 per year. The terms of the Settlement and Release Agreement automatically renewed in one year terms. B. All other terms of the Settlement and Release Agreement have been completed, but the parties wish to continue the downtown Clean and Safe Program. Accordingly, the purpose of this Services Agreement is to terminate the Settlement and Release Agreement while continuing with the downtown Clean and Safe Program. C. The current downtown Clean and Safe Program maintenance includes: sidewalk sweeping and pressure washing; gum removal; trash and/or bulky item removal; alley/median/parkway maintenance; and, litter and debris pick-up. Each maintenance service assists in beautifying the downtown district and enhances the image of the commercial core. This activity is designed to increase customer comfort with the downtown, which will in turn increase commerce and help to attract and retain new businesses within the district. D. Downtown Santa Ana continues to experience growth as well as challenges. Recent trends of an increasing transient population are requiring additional litter maintenance and street cleaning needs. A higher influx of visitors to the downtown at night have also added to the higher levels of maintenance necessary to keep the downtown as an attractive, safe and clean place for residents and visitors to the area. E. Asa result, DTI requested an additional'$100,000; for a total of $500,000 per year, to hire two new full-time staff members ($67,200 per year) whose duties will include current maintenance, as well as additional new duties like the placement and removal of recently purchased street furniture. Two more pressure washing days will also be added to their current schedule ($32,799.96 per year). F. These downtown Clean and Safe Program services are meant to complement the existing activities provided pursuant to the City's Business Improvement District ("BID"). 25C-3 G. Under this Services Agreement, the City and DTI propose to: (1) confirm that DTI will receive up to $500,000 from the City each calendar year that such fundingis approved by City Council for the Clean and Safe Program; (2) provide that DTI's use of said Clean and Safe Program funds will be consistent with the approved Clean and Safe Program Scope of Work; and, (3) provide for auditing of DTI's Clean and Safe Program funds. WHEREFORE, and in consideration of the mutual and respective covenants and promises hereinafter set forth, and subject to the terms and conditions of this Services Agreement, the parties hereto do hereby agree as follows: ARTICLE 1 PRELIMINARY MATTERS § 1.01 Definitions As used in this Operating Agreement, the following terms shall have the following meanings: (a) "City" means the City of Santa Ana, California. (b) "City Council" means the City Council of the City. (c) "City Manager" means the City Manager of the City or his/her designated representative(s). (d) "Clean and Safe Program' means the services designed to provide maintenance and security, as detailed in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference, for the downtown district, which shall be defined by the BID boundaries, as depicted in the Map attached hereto as Exhibit B and incorporated herein by reference. (e) "DTI" means Downtown Incorporated, Inc., a California nonprofit corporation. § 1.02 Termination of Settlement and Release Agreement Settlement and Release Agreement No. A-2013-039, dated January 31, 2013, between the City and DTI, is hereby tenninated in its entirety. Any and all terms of said Settlement and Release Agreement are null and void, and thus no longer in effect. § 1.03 Tenn of Services Agreement This Services Agreement shall commence on the date first written above and terminate on , 20_, unless terminated earlier in accordance with sections 4.02 or 4.05, below. The Term of this Agreement shall be automatically renewed in one (1) year Renewal Terms, unless terminated earlier in accordance with sections 4.02 or 4.05, below. 25C-4 § 1.04 Status of DTI (a) By its execution of this Agreement, DTI warrants that it is duly incorporated under the laws of the State of California and that true and correct copies of its Articles of Incorporation and Bylaws and a true and correct listing of DTI's officers and their terms of office, certified as such by DTI's Secretary, have been filed with the Clerk of the Council. (b) By its execution of this Agreement, City accepts and agrees to the organization of DTI as set forth in the above said Articles of Incorporation and Bylaws. ARTICLE 2 CLEAN AND SAFE PROGRAM SERVICES, FUNDS, AND REPORTS AND RECORDS § 2.01 Clean and Safe Program Services DTI shall perform those Clean and Safe Program services as set forth in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. § 2.02 Clean and Safe Program Funding (a) City shall provide funding for the Clean and Safe Program throughout the term of this Services Agreement. City and DTI shall maintain an account, into which the City shall deposit $125,000. DTI shall be permitted to expend up to, but no more than, one-third (1/3) of the money in the account ($41,667 per month) for Clean and Safe Program contract expenses for each calendar month. Once the Clean and Safe Program services are rendered, and payment is documented, DTI shall provide City with proof of payment in the form of cancelled checks and invoices. After the City confirms and approves the proof of payment, the City shall make an additional deposit into the above - referenced account in the approved amount, thus returning the account balance to $125,000. City will not make additional deposits for DTI's administrative costs, or any other non -services related fees or costs. Each additional deposit shall be for the same amount that DTI demonstrates it paid out for services. City's obligation to make deposits shall be limited to no more than $500,000 per year of the Services Agreement. (b) All Clean and Safe Program expenditures must be for the purposes identified in the Clean and Safe Program Scope of Work, and must be sufficiently documented by accompanying receipts, purchase invoices, or other permanent evidences of expenditure as may be prudently required by the City in accordance with Generally Accepted Accounting Principles and established City accounting procedures. If DTI expends any Clean and Safe Program money for unauthorized purposes, the City may, at its .sole option, deduct the disputed amount from any future Clean and Safe Program payments to DTI, or may terminate the Agreement pursuant to the terns of section 4.05. 25C-5 (c) In the event questions arise relating to the payment of funds to DTI, DTI may within 15 days of notification request an accounting by the City of the amount of net funds disbursed to DTI. Thereupon the City shall re-evaluate the amount of such disbursement and give written notification of its decision to DTI which shall be final and conclusive. § 2.03 Clean and Safe Program Advisory Committee (a) City and DTI shall work cooperatively to manage the Clean and Safe Program. DTI shall create an advisory committee with six (6) voting members to advise and assist in the provision of Clean and Safe Program services. (b) The Clean and Safe Program Advisory Committee members shall consist of: two (2) City employees (one from the Police Department and the other from the Community Development Agency or other department as determined by the City Manager); two (2) DTI members; and, two (2) members from the Santa Ana Business Council. DTI shall notify the Clerk of the Council of any change in the membership of the Clean and Safe Program Advisory Committee. (c) Meetings shall be held on a quarterly basis with more meetings called at the discretion of the Program Advisory Committee. When conducting meetings related to the Clean and Safe Program, members of the Program Advisory Committee shall serve without compensation other than reimbursement for expenses incurred by them in the course of the performance of services for the Clean and Safe Program when authorized by the Program Advisory Committee. § 2.04 Bi -Annual Financial Statement and Audit Every six (6) months (June 30 and December 31), DTI shall submit to the City Manager a complete statement of DTI's Clean and Safe Program expenditures, and a financial audit for the preceding half-year prepared by an independent certified public accountant. § 2.05 Financial Records DTI shall keep, or cause to be kept, true, accurate and complete records, including double - entry books, a profit and loss statement, and a balance sheet, such that if possible at all times to determine the amount and nature of all revenues and expenditures. All expenditures and transactions shall be supported by documents of original entry such as sales slips, cash register tapes, and purchase invoice and receipts. All such account books, statements, balance sheets and supporting documents shall be retained by DTI for a period of three (3) years after the end of the accounting year to which they pertain. § 2.06 Accounting Procedures DTI shall maintain a system of accounting according to Generally Accepted Accounting Practices. 25C-6 § 2.07 Inspection and Audit City shall be entitled, during the term of this Services Agreement and for a period of one year following the tenni nation, to: (a) inspect and examine all of DTI's books, statements, records, and supporting documents to ascertain the correctness of DTI's financial statements. Any such inspection and/or examination shall be conducted during normal business hours with prior 15 days written notice to DTI; and (b) inspect and examine each expense made by DTI to ascertain that all expenses are for the purposes identified in the Clean and Safe Program Scope of Work, and that all expenses are sufficiently documented by receipts, purchase invoices, or other permanent evidences of expenditure in accordance with Generally Accepted Accounting Principles and established City accounting procedures. Any such inspection and/or examination shall be conducted during normal business hours with prior 15 days written notice to DTI. ARTICLE 3 INDEMNITY AND INSURANCE § 3.01 Indemnification DTI shall indemnify and save harmless City and its officers, agents and employees from and against any and all claims, demands, loss or liability of any kind or nature which City or its officers, agents, or employees may sustain or incur, or which may be imposed upon them, or any of them, as a result of, arising out of, or in any manner connected with DTI's management and/or administration of the Clean and Safe Program. § 3.02 Insurance Requirement Generally Prior to the Commencement Date (except as hereinafter otherwise provided), DTI shall obtain at its sole cost and file with the Clerk of the Council, and maintain throughout the Term, policies of insurance as required by this section and sections 3.03 through 3.05, or a certificate of such insurance, satisfactory in form to the City Attorney. Each such policy (except policies of Workers' Compensation Insurance) shall name City as an insured or additional insured and each liability insurance policy shall also name the officers, agents and employees of City as insureds or additional insureds. Each such policy shall also contain a provision that no termination, cancellation or change of coverage or (where applicable) of insured or additional insured shall be effective until after thirty (30) day notice thereof has been given in writing to City. § 3.03 Liability Insurance DTI shall provide a policy or policies of insurance which provides coverage not less than that provided in the form of a comprehensive general liability insurance policy against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of 25C-7 the operations of DTI, its officers, employees, agents or assigns. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than One Million Dollars ($1,000,000.00) combined single limit, or its equivalent. § 3.04 Fidelity Bonding DTI shall provide a policy or policies of insurance insuring DTI against loss due to dishonesty of DTI's officers, agents and employees. Said policy or policies shall provide coverage in not less than $500,000. § 3.05 Workers' Compensation Insurance DTI shall provide a policy or policies of workers' compensation insurance as required by law. § 3.06 Modification of Insurance Requirements The City Manager may modify or suspend the requirements imposed on DTI by this Article if in his/her reasonable determination strict compliance is impossible or excessively costly due to insurance market conditions. ARTICLE 4 DEFAULTS, REMEDIES AND TERMINATION § 4.01 Defaults (a) Failure or delay by either party to perform any term or provision of this Agreement shall constitute a default under this Agreement. The injured party shall not initiate the remedies hereinafter provided until the defaulting party has been given written notice of the default, specifying the nature thereof, and a period of sixty (60) days to cure or correct such default. (b) 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 which it may deem necessary to protect, assert or enforce any such rights or remedies. § 4.02 Remedies of City In the event of any default and failure to cure, correct or remedy the same by DTI, City may, at City's sole discretion, in addition to or in lieu of any other remedies, exercise either of the following remedies: (a) Delay of any or all transfers of Clean and Safe Program funds to DTI pursuant to §2.02 of this Agreement until such default is cured, corrected or remedied; provided such delay is approved by the City Council. 25C-8 (b) Terminate this Agreement, provided such termination is approved by the City Council. § 4.03 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 consistent with the purpose of this Agreement. Such legal action trust be instituted in the Superior Court of the County of Orange, State of California, or in any other appropriate court in that county. § 4.04 Cumulative Rights and Remedies The rights and remedies of the parties are cumulative and the exercise by either party of one or more such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. § 4.05 Termination This Agreement may be terminated by the City for any reason upon thirty (30) days written notice of termination. Upon any termination, or expiration of the Term, the City shall have no further obligation to provide funding or other assistance to DTI pursuant to this Agreement for any period following such expiration or early termination. ARTICLE 5 GENERAL PROVISIONS § 5.01 Representatives (a) All actions authorized to be taken by City pursuant to this Agreement, without specification in this Agreement as to the body or office so authorized, shall be deemed exercisable on behalf of City by the City Manager, unless otherwise stated. The City Manager may designate any officer of the City as his/her representative with respect to any specified authority given to the City Manager by this Agreement, and in such event the actions of such officer within the scope of such authority shall have the same effect as if taken by the City Manager. (b) All actions authorized to be taken by DTI pursuant to this Agreement, without specification in this Agreement as to the body or office so authorized, shall be deemed exercisable on behalf of DTI by DTI's governing board or by such officer of DTI as may be designated by resolution of said governing board. 25C-9 § 5.02 Notices Notices and written communications sent by one party to the other shall be either personally delivered or sent by U.S. Mail, postage prepaid, to the following addresses: (a) If sent by DTI to City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 With Copies to: City Manager City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 And: City Attorney City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (b) If sent by City to DTI: Downtown Inc. 200 North Main St. 2°d Floor Santa Ana, CA 92701 Attention: Chairman of the Board § 5.03 Non -assignability The rights and obligations of DTI under this Agreement may not be assigned or delegated without the prior approval of the City Council. 25C-10 § 5.04 Partial Invalidity If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired or invalidated thereby. §5.05 Exclusivity 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 DTI. §5.06 Conflict of Interest Clause DTI covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance under this Agreement. (signature page follows) 25C-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City A"y, By: _ Ryan RECOMMENDED FOR APPROVAL: DOWNTOWN, INC. ROBERT ZUR SCHMIEDE (NAME) Executive Director— CDA (Title) Tax ID# t0 25C-12 EXHIBIT A CLEAN AND SAFE PROGRAM SCOPE OF WORK I I 25C-13 DTSA Clean & Safe Security team: 4 guards Sunday - Thursday 8 am to 12 am Friday and Saturday 8 am to 1 am Litter team: 7 workers Monday -Sunday 7amto9pm Power washing team: 3 workers Monday - Friday 10 pm to 4 am Saturday and Sunday 4 am to 10 am 25C-14 LITTER MAINTENANCE SCOPE OF WORK A. PICK UP LITTER AND WASTE "Litter" is defined as, but is not limited to, boxes, cans, papers, containers marked "trash" (or are obviously trash), unwanted or useless materials, or rejected matter. "Waste" includes, but is not limited to, gum, food remains, sewage, excrement, dust, dirt, decals, liquid or dried matter, etc. Remove litter from all outside surfaces including, but not limited to, sidewalks, streets, curbs, planters, tree grates, and store entries. All litter from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. Waste shall be removed from all outside surfaces including, but not limited to, sidewalks, streets, curbs, planters, tree grates, store entries, and trash receptacles. All waste from such surfaces shall be removed from the area and emptied into a adjacent area from becoming soiled by such waste. Waste removal shall be accomplished by the complete and thorough removal of said substances from the area—not by moving it from one surface to another or covering said substances with sand or similar materials. B. CLEAN AND EMPTY TRASH CANS All trash containers within the Downtown shall be emptied and cleaned. Trash including, but not limited to, boxes, cans, papers, and other containers marked "trash" (or are obviously trash) shall be removed, along with the liner. All trash from such trash receptacles shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. All trash containers shall be emptied three times per day on a routine basis (morning, early afternoon and evening). Additionally, any trash containers that may become filled prior to the scheduled routine cleaning, particularly between the hours of 11:00 a.m. and 4:00 p.m. daily, shall be emptied as needed. Trash containers should never have accumulated trash or waste above the level of the container. Whether full or not, container shall be emptied and cleaned if it is emitting a foul, rancid, or putrid odor or shows signs of insect or rodent infestation. Insert new liners into trash containers, securing said liners in such a manner as to present a neat uniform appearance and replacing container lids in their correct position. 25C-15 Using a clean cloth or rag, and germicidal detergent solution, remove all waste including, but not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquids, dried matter, oily or sticky substances, etc. from the surface of trash containers. Cleaning shall be accomplished by the complete and thorough removal of said substances from the area—not by moving it from one surface to another or covering said substances with sand or similar materials. This includes, but is not limited to, the cleaning of the immediate area surrounding the trash containers. C. CLEAN OUTDOOR BENCHES, BOLLARDS AND LIGHT POLES All benches, bollards and light poles within the area shall be cleaned on a regular basis using clean cloths and a detergent solution. Remove all waste including, but not limited to, gum, food remains, excrement, grease, dust, dirt, litter, liquids, dried matter, decals, sticky substances, etc. The immediate area surrounding the object shall be cleaned in the same manner. Alleys shall be clear of trash, waste, shopping carts, pallets, leaves, and excrement. Shopping carts shall be picked up and taken to shopping center parking lot. Boxes shall be flattened and placed securely in trash container in such a manner as to not protrude excessively. Excrement shall be picked up and disposed of properly, and area washed down with proper germicidal solution. The following are alley locations within the Downtown: • 100 East Fourth Street (south alley) • 200 East Fourth Street (south alley) • 300 East Fourth Street (north and south alley) • 100 West Fourth Street (south alley) • 200 West Fourth Street (south alley) • 300 West Fourth Street (south alley) • 400 West Fourth Street (south alley) E. CLEAN BUS STOPS Bus stops shall be cleared of waste, litter, shopping carts, leaves, and excrement. Trash containers should never have accumulated trash or waste above the level of the container opening. Trashcan liners shall be replaced accordingly. Excrement shall be picked up, disposed of properly, and area washed down with proper germicidal solution. The following are bus stop locations within the Downtown: 25C-16 • 400 North Main west side of street • 300 North Main east side of street • 200 West 5g' street south side of street • 200 East 5t' street south side of street • 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street E. AREA OF SERVICE Defined by the Santa Ana Business Improvement District map attached. 25C-17 POWER WASH SCOPE OF WORK A. POWER WASH PROCESS "Power wash" is defined as the simultaneous mechanical removal of materials or pollutants from the surface of the pavement, through application of water under pressure with elevated temperatures used in the cleaning process and the collection of the waste and water. Process used shall leave the area clean and free of stains and of all loose, embedded materials including chewing gum. The cleaning process must not damage the concrete surfaces or the brick paver surface. All gum must be removed from the paver, concrete and other sidewalk surfaces. B. POWER WASH SIDEWALKS All gum, dirt, grime, oil, stains and other fluids shall be removed from the sidewalks power C. POWER WASH BUS STOPS Bus stop areas are to be cleaned of all debris, gum, dirt, grime, oil, stains and other fluids. The following are bus stop locations within the area: • 400 North Main west side of street • 300 North Main east side of street • 200 West 5' street south side of street • 200 East 5' street south side of street • 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street D. POWER WASH ALLEYS Alleys are to be cleaned of all debris, gum, dirt, grime, oil, stains and other fluids. The following are alley locations within the area: 25C-18 • 100 East Fourth Street (south alley) • 200 East Fourth Street (south alley) • 300 East Fourth Street (north and south alley) • 100 West Fourth Street (south alley) • 200 West Fourth Street (south alley) • 300 West Fourth Street (south alley) • 400 West Fourth Street (south alley) E. AREA OF SERVICE Defined by the Santa Ana Business Improvement District map attached. 25C-19 EXHIBIT B DOWNTOWN BUSINESS IMPROVEMENT DISTRICT MAP iz 25C-20 \�V � M i i Is MUM ao �m 'IS H>NM N a Z W N 'ls N0395f1Js is HSU 'IS NIVw ❑nu OI np �� 1J r�r ,w b N� w <—z is a3Mol3 d o m d -J ,V N 9. 4-J c E 7 O E V) c .V) v 25C-22 Exhibit 2 Downtown Clean and Safe Program Scope of Services Additional BudgetCurrent Clean and Safe Aqmiy Cost Litter Maintenance $213,480 Power Washing $84,000 Security Guards $102,516 Total $399,996 Additional Activit Cost Litter Maintenance $67,200 Power Washing $32,800 Proposed Activity Cost Litter Maintenance $280,680 Power Washing $116,800 Security Guards $102,516 Total $499,996 25C-23 25C-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 5 , 2017 TITLE: APPROVE AGREEMENTS WITH DOWNTOWN INC. AND SANTA ANA BUSINESS COUNCIL TO ESTABLISH DOWNTOWN MERCHANTS FUND (STRATEGIC PLAN NO. 3, 4F) (f� CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute agreements with Downtown Inc. and Santa Ana Business Council to establish a Merchants Fund for a period of January 1, 2018 through January 1, 2019 in the amount of $200,000 ($100,000 per organization), subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On August 4, 2015, the City Council adopted the Downtown Enhancements and Parking Modernization Plan (Plan) to address the need to modernize parking structures, enhance public amenities, and address deferred maintenance in the downtown. As part of the Plan, downtown business associations and stakeholders agreed to an increase in parking rates and the implementation of new smart meters in the downtown area with the understanding that increased revenue from these new rates and smart meters would be reinvested back into the downtown. As part of the Plan, it was proposed that a Downtown Merchants/Validation Fund be created to fund a validation program for participating business and merchants to reward their customers for using the parking structures. Before implementation, both merchant groups and the City staff decided that a validation program was not feasible due to the complicated administration of the program. Downtown Inc. and Santa Ana Business Council requested that the Validation Fund be changed to a Merchants Fund, (Exhibit 1 and 2) for continued promotion and marketing of the downtown (Exhibit 3). Both Associations have provided budgets (Exhibit 4) for the administration of the Merchants Fund. This funding will continue to support strong marketing efforts and will allow for successful year-round administration of events for the Downtown. This additional $100,000 per organization will complement the existing funds each association receives from the City's Business 2501-1 Downtown Merchants Fund Agreements December 5, 2017 Page 2 Improvement District (BID). The agreements will automatically renew each year and can be terminated by the City with proper notification as stated in the agreement. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City 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 F (Partner with downtown business and merchant associations to program events that showcase restaurants, shopping and entertainment venues). FISCAL IMPACT Funds in the amount of $100,000 are available in the Downtown Enhancements and Parking Modernization Plan account (no. 02710133-62300) for expenditure in FY 17-18. Funds in the amount of $100,000 for the second half of the agreement term will be included and budgeted in the FY 18-19 budget. — - APPROVED AS TO FUNDS AND ACCOUNTS: Robert M. Zur Pchied&--'Francisco Gutierrez Interim Executi irector Executive Director Community Development Agency Finance and Management Services Agency Exhibits: 1. Agreement with Downtown Inc. 2. Agreement with Santa Ana Business Council 3. Letter from Downtown Inc. and SABC 4. DTI and SABC Budgets for Administration 25D-2 EXHIBIT 1 DOWNTOWN MERCHANTS FUND OPERATING AGREEMENT This OPERATING AGREEMENT made and entered into this day of , 2017, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and -Downtown Incorporated, Inc., a California non-profit corporation ("DTI"). RECITALS A. On August 4, 2015, the City Council adopted the Downtown Enhancements and Parking Modernization Plan to address the need to modernize parking structures, enhance public amenities, and address deferred maintenance in the downtown (Santa Ana Ordinance No. NS - 2880). B. Downtown business associations and stakeholders agreed to an increase in parking rates and the implementation of new smart meters in the downtown area with the understanding that increased revenue from these new rates and smart meters would be reinvested back into the downtown. C. As part of the Plan, it was proposed that a Downtown Merchants Fund ("DMF") be created for continued promotion of the downtown. This funding will continue to support strong marketing efforts and will allow for successful year-round administration of events for the downtown. D. Both DTI and the Santa Ana Business Council have provided budgets for the administration of the DMF. This additional $100,000 per organization will complement the existing funds each association receives from the City's Business Improvement District ("BID"). E. The City and DTI under this Operating Agreement propose to: (1) confirm that DTI will receive $100,000 from the DMF each calendar year that such funding is approved by City Council; (2) to provide that DTI's use of said DMF funds will be consistent with its approved DMF Annual Budget; and, (3) to provide for auditing of DTI's DMF funds. WHEREFORE, and in consideration of the mutual and respective covenants and promises hereinafter set forth, and subject to the terms and conditions of this Operating Agreement, the parties hereto do hereby agree as follows: ARTICLE i PRELIMINARY MATTERS § 1.01 Definitions As used in this Operating Agreement, the following terms shall have the following meanings: 25D-3 (a) "City" means the City of Santa Ana, California. (b) "City Council" means the City Council of the City. (c) "City Manager" means the City Manager of the City or his/her designated representative(s). (d) "DMF" means Downtown Merchants Fund, a fund created from downtown parking revenues to support marketing of the downtown. (e) "DTI" means Downtown Incorporated, Inc., a California nonprofit corporation. (f) `Board" means the Board of DTI. § 1.02 Term This Agreement shall commence on the date first written above and terminate on , 20_, unless terminated earlier in accordance with sections 4.02 or 4.05, below. The Term of this Agreement shall be automatically renewed in one (1) year Renewal Terms, unless terminated earlier in accordance with sections 4.02 or 4.05, below. § 1.03 Status of DTI . (a) By its execution of this Agreement, DTI warrants that it is duly incorporated under the laws of the State of California and that true and correct copies of its Articles of Incorporation and Bylaws and a true and correct listing of DTI's officers and their terms of office, certified as such by DTI's Secretary, have been filed with the Clerk of the Council. (b) By its execution of this Agreement, City accepts and agrees to the organization of DTI as set forth in the above said Articles of Incorporation and Bylaws. § 1.04 Compensation of DTI Board Members and Meetings (a) Meetings shall be held on a quarterly basis with more meetings called at the discretion of the DTI Board. When conducting meetings related to the DMF, members of the Board shall serve without compensation other than reimbursement for expenses incurred by them in the course of the performance of services for DTI when authorized by the DTI Board. § 1.05 Changes in Officers. Articles and Bylaws DTI shall notify the Clerk of the Council of any change in the membership of the Board and any change in the officers of DTI. Any amendment of DTI's Articles or Bylaws shall be filed with the Clerk of the Council. 2 25D-4 §1.06 City Representation at Meetings of DTI The City Manager shall be entitled to attend all meetings of DTI related to the DMF and to participate in the discussions of the Board to the same extent as the members of the Board, and DTI shall assure that the City Manager is provided with reasonable advance notice of all meetings of DTI. Nothing herein shall be construed to provide the City Manager with any authority to make, second, or vote on motions, or to cause him/her to be counted for purposes of determining whether a quorum exists at meetings of DTI. §1.07 City Residents Downtown Property Owners and Business Operators on the Board A majority of the Board shall be City residents, downtown property owners, or business operators. If the number of members who are City residents, downtown property owners, or business operators becomes less than a majority due to the death, resignation, or change of residence or business location, DTI shall not be in default under this section, provided, however, that the next member appointed to the Board shall be a City resident, downtown property owner, or business operator. ARTICLE 2 REPORTS AND RECORDS AND DMF FUND TRANSFERS § 2.01 Annual Budget and Program Report (a) No later than November 1 of each year, DTI shall provide the City Manager with a copy of a detailed calendar year operating budget showing expected sources of revenue and the nature of all expected or proposed expenditures for the forthcoming calendar year and a report on the proposed programs to be undertaken by DTI in said calendar year. A true and correct copy of DTI's 2018 DMF Annual Budget is attached hereto as Exhibit A and incorporated herein by reference. (b) If the proposed budget is accepted by the City Manager, it shall be submitted to the City Council for approval, in whole or in part. If the proposed budget is rejected by the City Manager, the City Manager and DTI shall meet in good faith in an attempt to reach agreement on a budget. If they are unable to do so, the City Manager shall submit DTI's proposed budget to the City Council for approval, in whole or in part. (c) DTI acknowledges that its proposed budget in any given calendar year will consist of $100,000, or any such amount as previously approved by the City Council. (d) DTI further acknowledges that expenditures of DMF funds will be for the purposes identified in the Downtown Enhancements and Parking Modernization Plan. (e) The City shall provide DTI with $25,000 of DMF funds each quarter (January 1, April 1, July 1, and October 1) for a total of $100,000 of DMF per year. If the first day of the quarter 25D-5 falls on a weekend, holiday, or other day in which City Hall is closed, then said deposit shall be made the next day City Hall is open. (f) The City upon depositing DMF monies shall notify DTI by electronic mail of the net amount of funds deposited to DTI. Failure by DTI to receive or acknowledge electronic mail notification shall not constitute a breach of this Agreement. (g) All DMF expenditures must be for the purposes identified in the Downtown Enhancements and Parking Modernization Plan, and must be sufficiently documented by accompanying receipts, purchase invoices, or other permanent evidences of expenditure as may be prudently required by the City in accordance with Generally Accepted Accounting Principles and established City accounting procedures. If DTI expends any DMF money for unauthorized purposes, the City may, at its sole option, deduct the disputed amount from any future DMF payments to DTI, or may terminate the Agreement pursuant to the terms of section 4.05. (h) In the event questions arise relating to the payment of funds to DTI, DTI may within 15 days of notification request an accounting by the City of the amount of net funds disbursed to DTI. Thereupon the City shall re-evaluate the amount of such disbursement and give written notification of its decision to DTI which shall be final and conclusive. § 2.02 Bi -Annual Financial Statement and Audit Every six (6) months (June 30 and December 31), DTI shall submit to the City Manager a complete statement of DTI's revenues and expenditures and a financial audit for the preceding half- year prepared by an independent certified public accountant. § 2.03 Financial Records DTI shall keep, or cause to be kept, true, accurate and complete records, including double - entry books, a profit and loss statement, and a balance sheet, such that if possible at all times to determine the amount and nature of all revenues and expenditures. All expenditures and transactions shall be supported by documents of original entry such as sales slips, cash register tapes, and purchase invoice and receipts. All such account books, statements, balance sheets and supporting documents shall be retained by DTI for a period of three (3) years after the end of the accounting year to which they pertain. § 2.04 Accounting Procedures DTI shall maintain a system of accounting according to Generally Accepted Accounting Practices. 0 25D-6 § 2.05 Inspection and Audit City shall be entitled, during the term of this Agreement and for a period of one year following the termination, to: (a) inspect and examine all of DTI's books, statements, records, and supporting documents to ascertain the correctness of DTI's financial statements. Any such inspection and/or examination shall be conducted during normal business hours with prior 15 days written notice to DTI; and (b) inspect and examine each expense made by DTI to ascertain that all expenses are for the purposes identified in the Downtown Enhancements and Parking Modernization Plan, and that all expenses are sufficiently documented by receipts, purchase invoices, or other permanent evidences of expenditure in accordance with Generally Accepted Accounting Principles and established City accounting procedures. Any such inspection and/or examination shall be conducted during normal business hours with prior 15 days written notice to DTI. ARTICLE 3 INDEMNITY AND INSURANCE § 3.01 Indemnification DTI shall indemnify and save harmless City and its officers, agents and employees from and against any and all claims, demands, loss or liability of any kind or nature which City or its officers, agents, or employees may sustain or incur, or which may be imposed upon them, or any of them, as a result of, arising out of, or in any manner connected with DTI's management and/or administration of the DMF funds. § 3.02 Insurance Requirement Generall Prior to the Commencement Date (except as hereinafter otherwise provided), DTI shall obtain at its sole cost and file with the Clerk of the Council, and maintain throughout the Term, policies of insurance as required by this section and sections 3.03 through 3.05, or a certificate of such insurance, satisfactory in form to the City Attorney. Each such policy (except policies of Workers' Compensation Insurance) shall name City as an insured or additional insured and each liability insurance policy shall also name the officers, agents and employees of City as insureds or additional insureds. Each such policy shall also contain a provision that no termination, cancellation or change of coverage or (where applicable) of insured or additional insured shall be effective until after thirty (30) day notice thereof has been given in writing to City. § 3.03 Liability Insurance DTI shall provide a policy or policies of insurance which provides coverage not less than that provided in the form of a comprehensive general liability insurance policy against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of 25D-7 the operations of DTI, its officers, employees, agents or assigns. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than One Million Dollars ($1,000,000.00) combined single limit, or its equivalent. § 3.04 Fidelity Bonding DTI shall provide a policy or policies of insurance insuring DTI against loss due to dishonesty of DTI's officers, agents and employees. Said policy or policies shall provide coverage in not less than $500,000. § 3.05 Workers' Compensation Insurance DTI shall provide a policy or policies of workers' compensation insurance as required by law. § 3.06 Modification of Insurance Requirements The City Manager may modify or suspend the requirements imposed on DTI by this Article if in his/her reasonable determination strict compliance is impossible or excessively costly due to insurance market conditions. ARTICLE 4 DEFAULTS, REMEDIES AND TERMINATION § 4.01 Defaults (a) Failure or delay by either party to perform any tern or provision of this Agreement shall constitute a default under this Agreement. The injured party shall not initiate the remedies hereinafter provided until the defaulting party has been given written notice of the default, specifying the nature thereof, and a period of sixty (60) days to cure or correct such default. (b) 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 which it may deem necessary to protect, assert or enforce any such rights or remedies. § 4.02 Remedies of City In the event of any default and failure to cure, correct or remedy the same by DTI, City may, at City's sole discretion, in addition to or in lieu of any other remedies, exercise either of the following remedies: (a) Delay of any or all transfers of DMF funds to DTI pursuant to §2.01 of this Agreement until such default is cured, corrected or remedied; provided such delay is approved by the City Council. 25D-8 (b) Terminate this Agreement, provided such termination is approved by the City Council. § 4.03 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 consistent with the purpose of this Agreement. Such legal action must be instituted in the Superior Court of the County of Orange, State of California, or in any other appropriate court in that county. § 4.04 Cumulative Rights and Remedies The rights and remedies of the parties are cumulative and the exercise by either party of one or more such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. § 4.05 Termination This Agreement may be terminated by the City for any reason upon thirty (30) days written notice of termination. Upon any termination, or expiration of the Term, the City shall have no further obligation to provide funding or other assistance to DTI pursuant to this Agreement for any period following such expiration or early termination. ARTICLE 5 GENERAL PROVISIONS § 5.01 Representatives (a) All actions authorized to be taken by City pursuant to this Agreement, without specification in this Agreement as to the body or office so authorized, shall be deemed exercisable on behalf of City by the City Manager, unless otherwise stated. The City Manager may designate any officer of the City as his/her representative with respect to any specified authority given to the City Manager by this Agreement, and in such event the actions of such officer within the scope of such authority shall have the same effect as if taken by the City Manager. (b) All actions authorized to be taken by DTI pursuant to this Agreement, without specification in this Agreement as to the body or office so authorized, shall be deemed exercisable on behalf of DTI by DTI's governing board or by such officer of DTI as may be designated by resolution of said governing board. § 5.02 Notices Notices and written communications sent by one party to the other shall be either personally delivered or sent by U.S. Mail, postage prepaid, to the following addresses: 25D-9 (a) If sent by DTI to City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 With Copies to: City Manager City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 And: City Attorney City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (b) If sent by City to DTI: Downtown Inc. 200 North Main St. 2"d Floor Santa Ana, CA 92701 Attention: Chairman of the Board § 5.03 Non-assienabilit The rights and obligations of DTI under this Agreement may not be assigned or delegated without the prior approval of the City Council. § 5.04 Partial Invalidit If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired or invalidated thereby. 25D-10 §5.05 Exclusivitv 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 DTI. §5.06 Conflict of Interest Clause DTI covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance under this Agreement. (signature page follows} 25D-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorj;ey By: —� Ryan O. RECOMMENDED FOR APPROVAL: ROBERT ZUR SCHMIEDE Executive Director — CDA CITY OF SANTA ANA RAUL GODINEZ II City Manager DOWNTOWN, INC. (NAME) (Title) Tax ID# 10 25D-12 EXHIBIT A DOWNTOWN MERCHANTS FUND ANNUAL BUDGET 25D-13 Exhibit 4 Santa Ana Business Council Proposed "Merchant Fund" Revenue FY 2017-2018 Budget PARKING Revenue Merchant Fund (Parking Revenue TOTAL $100,000 PARKING Expenses Administrative/ Personnel Costs $18,000 Consulting Services, Contractors/Professional Services $23,300 Grant Writer, Specialized Nonprofit Accountant Meetings/StakeholderGroups/rraining $20,000 Entrepreneurship and Small Business Education Development Marketing/Promotions $9,700 Building Downtown Business &Community Engagement Team, Internship Program Events/EntertainmentlSponsorships $14,000 Downtown Activation,Circulation, Flows, Urban Tacticaiism, Pilot Projects Communications $15,000 News, Print Media, Photography, Vfdeography, Social Media Support Services TOTAL $100,000 Downtown Inc. Proposed "Merchant Fund" Revenue FY 2017-2018 Budget PARKING Revenue Merchant Fund (Parking Revenue TOTAL $100.000 PARKING Expenses Personnel Costs $42,500 Director, Administrative Support Contractors/Professional Services $15,000 Event Producers, Program Coordinators, Production Staff Meetings/StakeholderGroupslrraining $12,500 Restaurant Assoc., Arts Meetings, Staff& Stakeholder Development Marketing/Promotions/Events $12,500 Maps, Guides, Savor Santa Ana, Artwalk Communication $10,000 Newsletter, Social Media, Translation, Design, Videos, Photos Office/Operations/Technology $7,500 Office Supplies, Web hosting, Subscription Technology Software TOTAL $100,000 2501-14 Exhibit 2 DOWNTOWN MERCHANTS FUND OPERATING AGREEMENT This OPERATING AGREEMENT made and entered into this day of , 2017, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and the Santa Ana Business Council, a California non-profit corporation ("SABC"). RECITALS A. On August 4, 2015, the City Council adopted the Downtown Enhancements and Parking Modernization Plan to address the need to modernize parking structures, enhance public amenities, and address deferred maintenance in the downtown (Santa Ana Ordinance No. NS - 2880). B. Downtown business associations and stakeholders agreed to an increase in parking rates and the implementation of new smart meters in the downtown area with the understanding that increased revenue from these new rates and smart meters would be reinvested back into the downtown. C. As part of the Plan, it was proposed that a Downtown Merchants Fund ("DMF") be created for continued promotion of the downtown. This funding will continue to support strong marketing efforts and will allow for successful year-round administration of events for the downtown. D. Both SABC and Downtown, Inc. have provided budgets for the administration of the DMF. This additional $100,000 per organization will complement the existing funds each association receives from the City's Business Improvement District ("BID"). E. The City and SABC under this Operating Agreement propose to: (1) confirm that SABC will receive $100,000 from the DMF each calendar year that such funding is approved by City Council; (2) to provide that SABC's use of said DMF funds will be consistent with its approved DMF Annual Budget; and, (3) to provide for auditing of SABC's DMF funds. WHEREFORE, and in consideration of the mutual and respective covenants and promises hereinafter set forth, and subject to the terms and conditions of this Operating Agreement, the parties hereto do hereby agree as follows: ARTICLE 1 PRELIMINARY MATTERS § 1.01 Definitions As used in this Operating Agreement, the following terns shall have the following meanings: 25D-15 (a) "City" means the City of Santa Ana, California. (b) "City Council" means the City Council of the City. (c) "City Manager' means the City Manager of the City or his/her designated representative(s). (d) "DMF" means Downtown Merchants Fund, a fund created from downtown parking revenues to support marketing of the downtown. (e) "SABC" means Santa Ana Business Council, a California nonprofit corporation. (f) `Board" means the Board of SABC. § 1.02 Term This Agreement shall commence on the date first written above and terminate on , 20_, unless terminated earlier in accordance with sections 4.02 or 4.05, below. The Term of this Agreement shall be automatically renewed in one (1) year Renewal Terns, unless terminated earlier in accordance with sections 4.02 or 4.05, below. § 1.03 Status of SABC (a) By its execution of this Agreement, SABC warrants that it is duly incorporated under the laws of the State of California and that true and correct copies of its Articles of Incorporation and Bylaws and a true and correct listing of SABC's officers and their terms of office, certified as such by SABC's Secretary, have been filed with the Clerk of the Council. (b) By its execution of this Agreement, City accepts and agrees to the organization of SABC as set forth in the above said Articles of Incorporation and Bylaws. § 1.04 Compensation of SABC Board Members and Meetings (a) Meetings shall be held on a quarterly basis with more meetings called at the discretion of the SABC Board. When conducting meetings related to the DMF, members of the Board shall serve without compensation other than reimbursement for expenses incurred by them in the course of the performance of services for SABC when authorized by the SABC Board. § 1.05 Changes in Officers, Articles and Bylaws SABC shall notify the Clerk of the Council of any change in the membership of the Board and any change in the officers of SABC. Any amendment of SABC's Articles or Bylaws shall be filed with the Clerk of the Council. 2 25D-16 § 1.06 City Representation at Meetings of SABC The City Manager shall be entitled to attend all meetings of SABC related to the DMF and to participate in the discussions of the Board to the same extent as the members of the Board, and SABC shall assure that the City Manager is provided with reasonable advance notice of all meetings of SABC. Nothing herein shall be construed to provide the City Manager with any authority to make, second, or vote on motions, or to cause him/her to be counted for purposes of determining whether a quorum exists at meetings of SABC. §1.07 City Residents. Downtown Property Owners and Business Operators on the Board A majority of the Board shall be City residents, downtown property owners, or business operators. If the number of members who are City residents, downtown property owners, or business operators becomes less than a majority due to the death, resignation, or change of residence or business location, SABC shall not be in default under this section, provided, however, that the next member appointed to the Board shall be a City resident, downtown property owner, or business operator. –------- ---- -—ARTICLE 2--------- - -- – - — REPORTS AND RECORDS AND DMF FUND TRANSFERS § 2.01 Annual Budget and Program Report (a) No later than November 1 of each year, SABC shall provide the City Manager with a copy of a detailed calendar year operating budget showing expected sources of revenue and the nature of all expected or proposed expenditures for the forthcoming calendar year and a report on the proposed programs to be undertaken by SABC in said calendar year. A true and correct copy of SABC's 2018 DMF Annual Budget is attached hereto as Exhibit A and incorporated herein by reference. (b) If the proposed budget is accepted by the City Manager, it shall be submitted to the City Council for approval, in whole or in part. If the proposed budget is rejected by the City Manager, the City Manager and SABC shall meet in good faith in an attempt to reach agreement on a budget. If they are unable to do so, the City Manager shall submit SABC's proposed budget to the City Council for approval, in whole or in part. (c) SABC acknowledges that its proposed budget in any given calendar year will consist of $100,000, or any such amount as previously approved by the City Council. (d) SABC further acknowledges that expenditures of DMF funds will be for the purposes identified in the Downtown Enhancements and Parking Modernization Plan. (e) The City shall provide SABC with $25,000 of DMF funds each quarter (January 1, April 1, July 1, and October 1) for a total of $100,000 of DMF per year. If the first day of the 25D-17 quarter falls on a weekend, holiday, or other day in which City Hall is closed, then said deposit shall be made the next day City Hall is open. (f) The City upon depositing DMF monies shall notify SABC by electronic mail of the net amount of funds deposited to SABC. Failure by SABC to receive or acknowledge electronic mail notification shall not constitute a breach of this Agreement. (g) All DMF expenditures must be for the purposes identified in the Downtown Enhancements and Parking Modernization Plan, and must be sufficiently documented by accompanying receipts, purchase invoices, or other permanent evidences of expenditure as may be prudently required by the City in accordance with Generally Accepted Accounting Principles and established City accounting procedures. If SABC expends any DMF money for unauthorized purposes, the City may, at its sole option, deduct the disputed amount from any future DMF payments to SABC, or may terminate the Agreement pursuant to the terms of section 4.05. (h) In the event questions arise relating to the payment of funds to SABC, SABC may within 15 days of notification request an accounting by the City of the amount of net funds disbursed to SABC. Thereupon the City shall re-evaluate the amount of such disbursement and give written notification of its decision to SABC which shall be final and conclusive. § 2.02 Bi -Amoral Financial Statement and Audit Every six (6) months (lune 30 and December 31), SABC shall submit to the City Manager a complete statement of SABC's revenues and expenditures and a financial audit for the preceding half- year prepared by an independent certified public accountant. § 2.03 Financial Records SABC shall keep, or cause to be kept, true, accurate and complete records, including double - entry books, a profit and loss statement, and a balance sheet, such that if possible at all times to determine the amount and nature of all revenues and expenditures. All expenditures and transactions shall be supported by documents of original entry such as sales slips, cash register tapes, and purchase invoice and receipts. All such account books, statements, balance sheets .and supporting documents shall be retained by SABC for a period of three (3) years after the end of the accounting year to which they pertain. § 2.04 Accounting Procedures SABC shall maintain a system of accounting according to Generally Accepted Accounting Practices. 25D-18 § 2.05 Inspection and Audit City shall be entitled, during the term of this Agreement and for a period of one year following the termination, to: (a) inspect and examine all of SABC's books, statements, records, and supporting documents to ascertain the correctness of SABC's financial statements. Any such inspection and/or examination shall be conducted during normal business hours with prior 15 days written notice to SABC; and (b) inspect and examine each expense made by SABC to ascertain that all expenses are for the purposes identified in the Downtown Enhancements and Parking Modernization Plan, and that all expenses are sufficiently documented by receipts, purchase invoices, or other permanent evidences of expenditure in accordance with Generally Accepted Accounting Principles and established City accounting procedures. Any such inspection and/or examination shall be conducted during normal business hours with prior 15 days written notice to SABC. ARTICLE 3 INDEMNITY AND INSURANCE § 3.01 Indemnification SABC shall indemnify and save harmless City and its officers, agents and employees from and against any and all claims, demands, loss or liability of any kind or nature which City or its officers, agents, or employees may sustain or incur, or which may be imposed upon them, or any of them, as a result of, arising out of, or in any manner connected with SABC's management and/or administration of the DMF funds. § 3.02 Insurance Requirement Generally Prior to the Commencement Date (except as hereinafter otherwise provided), SABC shall obtain at its sole cost and file with the Clerk of the Council, and maintain throughout the Term, policies of insurance as required by this section and sections 3.03 through 3.05, or a certificate of such insurance, satisfactory in form to the City Attorney. Each such policy (except policies of Workers' Compensation Insurance) shall name City as an insured or additional insured and each liability insurance policy shall also name the officers, agents and employees of City as insureds or additional insureds. Each such policy shall also contain a provision that no termination, cancellation or change of coverage or (where applicable) of insured or additional insured shall be effective until after thirty (30) day notice thereof has been given in writing to City. § 3.03 Liability Insurance SABC shall provide a policy or policies of insurance which provides coverage not less than that provided in the form of a comprehensive general liability insurance policy against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising 25D-19 out of the operations of SABC, its officers, employees, agents or assigns. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than One Million Dollars ($1,000,000.00) combined single limit, or its equivalent. § 3.04 Fidelity Bonding SABC shall provide a policy or policies of insurance insuring SABC against loss due to dishonesty of SABC's officers, agents and employees. Said policy or policies shall provide coverage in not less than $500,000. § 3.05 Workers' Compensation Insurance SABC shall provide a policy or policies of workers' compensation insurance as required by law. § 3.06 Modification of Insurance Requirements The City Manager may modify or suspend the requirements imposed on SABC by this Article if in his/her reasonable determination strict compliance is impossible or excessively costly due to insurance market conditions. ARTICLE 4 DEFAULTS, REMEDIES AND TERMINATION § 4.01 Defaults (a) Failure or delay by either party to perform any term or provision of this Agreement shall constitute a default under this Agreement. The injured party shall not initiate the remedies hereinafter provided until the defaulting party has been given written notice of the default, specifying the nature thereof, and a period of sixty (60) days to cure or correct such default. (b) 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 which it may deem necessary to protect, assert or enforce any such rights or remedies. § 4.02 Remedies of City In the event of any default and failure to cure, correct or remedy the same by SABC, City may, at City's sole discretion, in addition to or in lieu of any other remedies, exercise either of the following remedies: 25D-20 (a) Delay of any or all transfers of DMF funds to SABC pursuant to §2.01 of this Agreement until such default is cured, corrected or remedied; provided such delay is approved by the City Council. (b) Terminate this Agreement, provided such termination is approved by the City Council. § 4.03 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 consistent with the purpose of this Agreement. Such legal action must be instituted in the Superior Court of the County of Orange, State of California, or in any other appropriate court in that county. § 4.04 Cumulative Rights and Remedies The rights and remedies of the parties are cumulative and the exercise by either party of one or more such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. § 4.05 Termination This Agreement may be terminated by the City for any reason upon thirty (30) days written notice of termination. Upon any termination, or expiration of the Term, the City shall have no further obligation to provide funding or other assistance to SABC pursuant to this Agreement for any period following such expiration or early termination. ARTICLE 5 GENERAL PROVISIONS § 5.01 Representatives (a) All actions authorized to be taken by City pursuant to this Agreement, without specification in this Agreement as to the body or office so authorized, shall be deemed exercisable on behalf of City by the City Manager, unless otherwise stated. The City Manager may designate any officer of the City as his/her representative with respect to any specified authority given to the City Manager by this Agreement, and in such event the actions of such officer within the scope of such authority shall have the same effect as if taken by the City Manager. (b) All actions authorized to be taken by SABC pursuant to this Agreement, without specification in this Agreement as to the body or office so authorized, shall be deemed exercisable on behalf of SABC by SABC's governing board or by such officer of SABC as may be designated by resolution of said governing board. 7 25D-21 § 5.02 Notices Notices and written communications sent by one party to the other shall be either personally delivered or sent by U.S. Mail, postage prepaid, to the following addresses: (a) If sent by SABC to City: With Copies to: And: (b) If sent by City to SABC: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 City Manager City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 City Attorney City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Santa Ana Business Council § 5.03 Non -assignability The rights and obligations of SABC under this Agreement may not be assigned or delegated without the prior approval of the City Council. § 5.04 Partial Invalidity If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions 25D-22 hereof shall remain in full force and effect, and shall in no way be affected, impaired or invalidated thereby. §5.05 Exclusivity 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 SABC. §5.06 Conflict of Interest Clause SABC covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance under this Agreement. {signature page follows) 25D-23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO RECOMMENDED FOR APPROVAL: ROBERT ZUR SCHMIEDE Executive Director — CDA CITY OF SANTA ANA PAUL GODINEZ II City Manager SANTA ANA BUSINESS COUNCIL (NAME) (Title) Tax ID# 10 25D-24 EXHIBIT A DOWNTOWN MERCHANTS FUND ANNUAL BUDGET 25D-25 Exhibit 4 Santa Ana Business Council Proposed "Merchant Fund" Revenue FY 2017-2018 Budget PARKING Revenue Merchant Fund (Parking Revenue TOTAL $100,000 PARKING Expenses Administrative/ Personnel Costs $18,000 Consulting Services, Contractors/Professional Services $23,300 Grant Writer, Specialized Nonprofit Accountant Meetings/StakeholderGroups(Training $20,000 Entrepreneurship and Small Business Education Development Marketing/Promotions $9,700 Building Downtown Business &Community Engagement Team, Internship Program Events/Entertainment/Sponsorships $14,000 Dovrntovvn Activation,Circuiation, Flows. Urban Tacticalism, Pilot Projects Communications $15,000 News, Print Media, Photography, Videography, Social kledia Support Services TOTAL $100,000 Downtown Inc. Proposed "Merchant Fund" Revenue FY 2017-2018 Budget PARKING Revenue Merchant Fund (Parking Revenue TOTAL $100,00 PARKING Expenses Personnel Costs $42,500 Director, Administrative Support Contractors/Professional Services $15,000 Event Producers. Program Coordinators. Production Staff Meetings/StakeholderGroups/Training $12,500 Restaurant Assoc , Arts P;ieetings, Staff & Stakeholder Development Marketing/Promotions/Events $12,500 Maps, Guides, Savor Santa Ana, Artwalk Communication $10,000 Newsletter, Social Media. Translation, Design.. Videos, Photos Office/Operations/Technology $7,500 Office Supplies, Wei, hosting, Subscription Technology Software TOTAL $100,000 25D-26 Exhibit 3 Ryan Chase President Downtown Inc. 200 N. Main St. Santa Ana, CA 92701 David Cavazos City Manager City of Santa Ana 30 Civic Center Plaza Santa Ana, CA 92701 November 22, 2016 Dear City Manager David Cavazos, Raul Yanez President Santa Ana Business Council 400 E. 4th St. Santa Ana, CA 92701 In 2014, the City of Santa Ana and downtown BID groups entered an agreement to increase the price of parking downtown with the requirement that parking revenues be reinvested in the downtown. This program has been widely successful: adding four new beat cops to our streets. improving lighting in the parking garages and constructing a public bathroom on 3rd and Bush Streets. In the initial talks between the City of Santa Ana and the downtown BID groups, these projects and others were listed on a spreadsheet of projects to fund from the parking revenue. One of the original line items in the parking proposal was to give $100,000 to each BID management organization to expand marketing and promotions for downtown_ At the time, the BID groups requested that the $200,000 proposed to be given to them be used to create a City of Santa -hosted validation program that would allow customers to gain access to some free parking while shopping downtown. In our more recent conversation with downtown liaison Victor Negrete, we learned that the City has assessed that implementing the validation program as a marketable public program is not possible in the way we had originally hoped. Therefore, we are writing to request 25D-27 you to revert the $200,000 line item in the parking projects fund pipeline back to die original intent, and have it go toward the BIDs communication, marketing and promotion of downtown. The boards of both Santa Ana Business Council, Downtown Inc. and the Downtown Restaurant Association have all voted to amend the contract with this new request. Please let us know what steps are required to amend the agreement at your earliest convenience. Warm regards, _0/� Ryan Chase President Downtown Inc. Raul Yanez President Santa Ana Business Council 25D-28 Exhibit 4 Santa Ana Business Council Proposed "Merchant Fund" Revenue FY 2017-2018 Budget PARKING Revenue Merchant Fund (Parking Revenue TOTAL $100,000 PARKING Expenses Administrative/ Personnel Costs $18,000 Consulting Services, Contractors/Professional Services $23,300 Grant Writer, Specialized Nonprofit Accountant Meetings/StakeholderGroups/Training $20,000 Entrepreneurship and Small Business Education Development Marketing/Promotions $9,700 Building Downtown Business &Community Engagement Team, Internship Program Events/Entertainment/Sponsorships $14,000 Downtown Activation, Circulation, Flows, Urban Tacticalism, Pilot Projects Communications $15,000 News, Print Media, Photography, Videography, Social Media Support Services TOTAL $100,000 Downtown Inc. Proposed "Merchant Fund" Revenue FY 2017-2018 Budget PARKING Revenue Merchant Fund (Parking Revenue TOTAL $100,000 PARKING Expenses Personnel Costs $42,500 Director, Administrative Support Contractors/Professional Services $15,000 Event Producers, Program Coordinators, Production Staff Meetings/StakeholderGroupslfraining $12,500 Restaurant Assoc., Arts Meetings, Staff & Stakeholder Development Marketing/Promotions/Events $12,500 Maps, Guides, Savor Santa Ana, Artwalk Communication $10,000 Newsletter, Social Media, Translation, Design, Videos, Photos Office/Operations/Technology $7,500 Office Supplies, Web hosting, Subscription Technology Software TOTAL $100,000 2501-29 25D-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: AUTHORIZE AGREEMENTS FOR TRAFFIC COUNTING SERVICES WITH TRANSPORTATION STUDIES, INC., AND AIMTD, LLC (PROJECT NOS. 17-6896 & 18- 6897) (STRATEGIC PLAN NO. 1, 36) �1� f J C Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements with Transportation Studies, Inc., and AimTD LLC, to provide traffic counting services for a one-year term beginning December 5, 2017, and expiring December 4, 2018, with a provision for up to two one-year extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $50,000 for each consultant, including any extension periods, for an aggregate amount not to exceed $100,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The City outsources annual traffic counting services to conduct counts for neighborhood studies, pedestrian/bicycle counts, the bi-annual citywide traffic volume study, and the annual traffic signal and left - turn signal priority studies. A new agreement is needed to continue providing these important services. The scope of work for this agreement will also include data collection and speed surveys in support of the speed hump program. A Request for Proposals (RFP) for annual traffic counting services was posted on the City website on Wednesday, October 4, 2017. Three consultants submitted proposals. The proposals were reviewed by a three-member committee comprised of Public Works Agency staff. The ratings were based on experience, qualifications, project understanding, scheduling, past performance, and the overall proposal. Once rated, the bids of the firms were considered. The RFP required each firm to submit their proposed fees for a given work scenario so that a comparison could be made. The work scenario was for cost comparison purposes only and was not related to the actual work that would be done. The proposal scores and scenario costs are as follows: Rank Firm Average Score Total Scenario Cost 1 Transportation Studies, Inc. 94 $18,438 2 AimTD LLC 92 $18,820 3 NDS 91 $25,175 25E-1 Agreements for Traffic Counting Services December 5, 2017 Page 2 Based on ranking and cost, it is recommended that Transportation Studies, Inc., and AimTD LLC be retained for an amount not to exceed $50,000 each, including any contract term extensions for traffic data collection services. The consultant will be paid only for the services performed as requested by staff and in accordance with the rates submitted in its proposal. The rates for both companies are very comparable. Therefore, work orders will be alternated between the two firms to ensure prompt task completion. The contracts will include an option to extend the agreement for two additional one-year terms for a total maximum of three years. 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 #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions). FISCAL IMPACT The total amount of each consultant agreement is not to exceed $50,000, for an aggregate amount of $100,000. Funds are budgeted and available for expenditure in the Measure M2 Local Fairshare account (No. 03217662-66220, Projects 17-6896 and 18-6897) according to the spending plan below. Any unspent and encumbered balance will be carried forward into subsequent fiscal years for the optional two one-year extensions as needed. Contract Period Fiscal Year Amount 2017-18 (December — June) $50,000 2018-19 (July—Dec mber) $50,000 TOTAL $100,000 ;red Mousavipour Executive Director Public Works Agency FM/EWG/ZK Exhibits: 1. TSI Agreement 2. AIM Agreement APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez /J Executive Director In -i Finance & Management Services Agency 25E-2 AGREEMENT TO PROVIDE TRAFFIC COUNTING SERVICES ON AN ON-CALL BASIS THIS AGREEMENT is made and entered into this 5th day of December; 2017 by and between Transportation Studies, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 4, 2017, the City issued Request for Proposal No. 17-006, by which it sought consultants to provide traffic counting services on an on-call basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-006 and attached as Exhibit A. 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 fiom a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, including any extension periods, shall not exceed $50;000. b. Payment by City sliall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Exhibit 1 Page 1 of 8 25E-3 3. TERM This Agreement shall commence on the date first written above and terminate on December 4,-2018, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to two 1 -year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the perfonnance of other requirements on `public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional mariner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data'). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Docurnents & Data which were provided to Consultant by the City. City shall not be limited in Page 2 of 8 25E-4 any way in its use of the Documents and Data at any time, provided that any such use not witlun the purposes intended by this Agreement shall be at City's sole risk. VI IM11t7\. `►M Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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, with $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 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 the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate, C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Page 3 of 8 25E-5 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the.negligent operations of the Consultant or its subconsultants, 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, dainages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising fiom this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant 's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 4 of 8 25E-6 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable, Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement Page 5 of 8 25E-7 shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Transportation Studies, Ire. 2460 Walnut Avenue, Suite H Tustin, CA 92780 Attn: Patti A. Totten, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. hi the event of a conflict between the terms of this Agreement and any attachments hereto, the teims of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Page 6 of 8 25E-8 [Q RW -Maw �l`N 11 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 of subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate, b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement Page 7 of 8 25E-9 shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b: All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 61, W. J n M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director; Public Works Agency RAUL GODINEZ II City Manager CONSULTANT Name: Title: Page 8 of 8 25E-10 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORI( CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TRAFFIC COUNTING SERVICES RFP NO. -17-006 DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services - Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific. locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it is important that the same firm be used throughout the study for consistency and reliability, In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also include the bi-annual city-wide Average Dally Traffic study, City-wide Turning. Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and/or other services may also be requested as part of this contract. For services not specifically :listed, a price for such services will be. agreed to, if requested. From the proposals received, one or two firm(s) will be selected. The City will enter into an agreement with the flrm(s). As traffic counting needs are identified, they will be requested on as needed basis. The City reserves the right to assign the work In -any manner which will best serve the City's Interests. A, IMPLEMENTATION I. City staff shall have the right to modify, reduce, or delete the services as needed by City. iL The term of the contract shall be for 1 year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have .been approved by the City Attorney, whichever occurs last. III, City shall retain an option to renew on the same terms and conditions as set forth herein for 1 additional one-year terms, for a total maximum total of 3 years. B.SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as -needed basis. This may include, but not be limited .to 24-hour ADT counts, 24- hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6 -hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data, City of Santa Ana RFP 17-006 Page A1-1 25E-11 For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City: • For each ADT volume count, a two -directional 15 -minute count sheet with hourly totals, similar in format to the sample in Attachment 5. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. • For each entering traffic volume count, a 15 -minute count sheet with hourly totals, containing all legs of the intersection (sample in Attachment 5). • For each manual turning movement count, a 15 -minute count sheet for each count period, with the actual peak hour(s) identified (sample In Attachment 5). Note: Consultant must be able to provide up to 15 simultaneous Count locations for neighborhood traffic counts or for various Intersection locations throughout the City. • For each intersection pedestrian count, a 15 -minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. • For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared toi conduct counts at 280 locations within a 2 -month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files: c. Traffic Flow Maps, sample in Exhibit I, will be included in the "Traffic Census" booklet, City will furnish the street map on computer diskette., compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in-house. d. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will fumish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data In the count summary and on the flow maps of the "Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and 'Traffic Census" booklet will be delivered, Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. City of Santa Ana RFP 17-006 Page Al -2 25E-12 EXHIBIT B TS/ Transportation Studies, Inc. A Traffic Data Collection Company CITYOFSANTAANA Fee Schedule 2018 24 Hour Machine Counts (Bi -Directional or directional) I to 300 Locations $ 29.50 per location 24 Hour Speed and Axle Classifrcalion Counts 2 Lanes $ . 80.00 per location 3-4 Lanes $ 160.00 per location Radar Surveys 1-100 Locations $ 35.00 per location 100 -over $ 30.00 per location Video Count $ 25.00 per Hour Video Only $ 10.00 per Hour 2640 Walnut Avenue, Suite M- Tustin, CA 92780 0 (714) 508-3612 0 Fax (714) 508-3602 L 25E-13 24 Hour Machine Courts (Approach) 4 Leg Intersection $ 100.00 per location 3 Leg Intersection $ 75.00 per location 2 Leg Intersection $ 50.00 per location Manual TurningMoveuunt Counts 1 person per location $ 31.25 per hour 2 people per location $ 62.50 per hour 24 Hour Speed and Axle Classifrcalion Counts 2 Lanes $ . 80.00 per location 3-4 Lanes $ 160.00 per location Radar Surveys 1-100 Locations $ 35.00 per location 100 -over $ 30.00 per location Video Count $ 25.00 per Hour Video Only $ 10.00 per Hour 2640 Walnut Avenue, Suite M- Tustin, CA 92780 0 (714) 508-3612 0 Fax (714) 508-3602 L 25E-13 25E-14 AGREEMENT TO PROVIDE TRAFFIC COUNTING SERVICES ON AN ON-CALL BASIS THIS AGREEMENT is made and entered into this 5th -day -of Decemberi -2017 by and between AimTD-LLC ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 4, 2017, the City issued Request for Proposal No. 17-006, by which it sought consultants to provide traffic counting services on an on-call basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-006 and attached as Exhibit A. 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 terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at. the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, including any extension periods, shall not exceed $50,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Exhibit 2 Page 1 of 8 25E-15 3. TERM This Agreement shall coimnence on the date first written above and terminate on December 4, 2018, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to two 1 -year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data'). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in Page 2 of 8 25E-16 any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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, with $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 prhnary 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 the California Labor- Code, aborCode, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Page 3 of 8 25E-17 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all clahns for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant 's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 4 of S 25E-18 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like hnportance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 1.3. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement Page 5 of 8 25E-19 shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: AimTD LLC 751 S. Weir Canyon Rd, Suite 157-158 Anaheim, CA 92808 Attn: Olga Polunin A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrurment that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Page 6 of 8 25E-20 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement Page 7 of 8 25E-21 shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. 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 terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b: All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: A& M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director, Public Works Agency RAUL GODINEZ II City Manager CONSULTANT Name: Title: Page 8 of 8 25E-22 EXHIBITA Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TRAFFIC COUNTING SERVICES RFP NO.- 17-006 DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is Issuing this Request for Proposals (RFP.) for Traffic Counting Services. Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also Include the bl-annual citywide Average Dally Traffic study, City-wide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, •vehicle classifications (using machines) and/or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be agreed to, if requested. From the proposals received, one or two firm(s) will be selected. The City will enter Into an agreement with the firm(s). As traffic counting needs are identified, they will be requested on as needed basis. The City reserves the right to assign the work In any manner which will best serve the City's interests. A, IMPLEMENTATION I. City staff shall have the right to modify, reduce, or delete the services as needed by City. It. The term of the contract shall be for 1 year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have .been approved by the City Attorney, whichever occurs last. III. City shall retain an option to renew on the same terms and conditions as set forth herein for 1 additional one-year terms, for a total maximum total of 3 years. B.SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as -needed basis. This may include, but not be limited to 2.4 -hour ADT counts, 24- hour entering traffic volume counts, Intersection turning movement counts for 2, 4, or 6 -hour, etc. periods, hourly.pedestrian counts, speed surveys, and machine vehicle classifier data. City of Santa Ana RFP 17-006 Page Al -1 25E-23 For the assigned tasks, the Consultant shall complle the traffic data and provide the following to the City: • For each ADT volume count, a two -directional 15 -minute count sheet with hourly totals, similar in format to the sample in Attachment 5, Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. • For each entering traffic volume count, a 15 -minute count sheet with hourly totals, containing all legs of the intersection (sample in Attachment 5). • For each manual turning movement count, a .15 -minute count sheet for each. count period, with the actual peak hour(s) identified (sample In Attachment 5). Note: Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various Intersection locations throughout the City, • For each intersection pedestrian count, a 15 -minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. • For the Citywide Average Daily Traffic (ADT) study. a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2 -month period. b.. "Traffic Census" booklet (summary of ADTs), 25.1bound copies and the associated electronic files. C. Traffic Flow Maps, sample in Exhibit I, will .be :Included in the "Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in-house. d, If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will furnish the count -data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted and when the count data and "Traffic Census" booklet will be delivered, , Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. City or Santa Ana RFP 17-006 Page Al 2 25E-24 lacn:3r� AimTD LLC Aim Traffic Data City of Santa Ana 2017 Fee Schedule Type of Service Unit Cost 24 — Hour Single Tube Count, 4 approaches EA $99 24 — Hour Dual Tube Count EA $39 24 — Hour Speed or Axle Classification Counts 2 lanes EA $78 24— Hour Speed or Axle Classification Counts 3-4 lanes EA $149 4hr Manual Turning Movement Counts (1person) EA $112 4hr Manual Turning Movement Counts (2person) EA $199 4hr Pedestrian Counts (1person) EA $89 24hr Video Manual Turning Movement Counts (Iperson) EA $329 4hr Manual Turning Movement Counts with Truck Axle Classification (1person) EA $179 4hr Manual Turning Movement Counts with Bike Peds (lperson) EA $146 24hr Segment Video Active Transportation Counts (Peds, Bike, Scooter) EA $279 Radar Survey (calibrated radar, certified operator) EA $49 Parking Occupancy Survey HR $42 Parking Turnover Survey HR $44 Count and Video HR $45 AimTD LLC 751 S Weir Canyon Rd, Ste 157-158 Anaheim, CA 92808 Tel 714.253.7888 25E-25 25E-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: AGREEMENT WITH U.S. HEALTHWORKS FOR PREVENTATIVE OCCUPATIONAL MEDICAL SERVICES {STRATEGIC PLAN NO. 7,6} Cltj MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with U.S. Healthworks to provide preventative occupational medical services for a 2 -year period expiring on June 30, 2019, in an amount not to exceed $150,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City maintains an agreement with U.S. Healthworks to provide preventative medical services to employees as required by CalOSHA. Preventative services include, but are not limited to, blood lead level testing, hearing exams, hepatitis B vaccinations, respirator medical clearances and fit testing. The City entered into agreement no. N-2016-070 on April 29, 2016 for a total compensation of $25,000. The term of the agreement was extended through amendment no. N-2016-070-001 and set to expire on June 30, 2018. Due to a recent increase in the use of services, particularly by the Police Department for respirator medical clearances, all funds allocated through the existing agreement have been exhausted. Additionally, on October 13, 2017, Governor Jerry Brown declared a state of emergency regarding an outbreak of Hepatitis A. The outbreak was prevalent in the neighboring counties of San Diego and Los Angeles. As a pro -active preventative measure, hepatitis A vaccinations were offered to potentially exposed City staff. The offer received great response and approximately 240 staff members have been or will be vaccinated. The Hepatitis A vaccination requires two shots over a six-month period. The total cost of the vaccinations is estimated at $65,000. Approval of this recommended action will allow the City to continue to offer preventative occupational medical services to its employees. 25F-1 Agreement with U.S. Healthworks for Preventative Occupational Medical Services December 5, 2017 Page 2 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). FISCAL IMPACT Funds are available in the Liability & Property Insurance account (account no. 08009051-62300), Workers' Compensation account (account no. 08209054-62300), and additional agency accounts as authorized. Fiscal Year Liability Fund Workers' Comp Fund Additional Total 08009051-62300 08209054-62300 Agency Accounts 17-18 $40,000 $40,000 $20,000 $100,006-- 18-19 $20,000 $20,000 $10,000 $50,000 EdwaRaya rd Executive Director Personnel Services Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez (rb If Executive Director Finance & Management Services Agency 25F-2 MEDICAL SERVICES AGREEMENT WITH U.S. HEALTEINVORKS MEDICAL GROUP THIS AGREEMENT is made and entered into on this 5a' day of December, 2017, by and between U.S. Healthworks Medical Group, a California professional corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. City and Consultant entered into Agreement #N-2016-070 on April 29, 2016, to provide medical services for job related injuries and illnesses including for workers exposed to communicable diseases. B. The parties entered into a First Amendment to the Agreement (#N-2016-070-001) to exercise the option to extend the agreement for one year from June 30, 2017 through June 30, 2018. The Agreement, by operation of the First Amendment, currently remains in effect. All funds allocated to this Agreement have been exhausted. C. On October 13, 2017, Governor Jerry Brown declared a state of emergency regarding an outbreak of Hepatitis A. This outbreak had been also declared emergencies in neighboring Los Angeles and San Diego counties. The City began to offer Hepatitis A vaccinations which was met by an increased demand by Police and City staff requests for vaccinations against Hepatitis A. The vaccinations require multiple shots over a six month period and will benefit those City employees that work directly with or were exposed to the illness due to the clean-up of and City services related to the Civic Center area. D. City desires to retain the services of Consultant for the continuation of its current services, treatment for job related injuries and to include vaccinations for City workers that could be potentially exposed to communicable diseases, to include Hepatitis A. Consultant represents that Consultant is able and willing to provide such services to the City. E. Consultant was selected to provide these services based on its continuing work in conjunction with the City's worker's compensation provider for industrial injuries and worker's compensation claims. F. The parties agree that this Agreement supersedes all prior understandings, agreements and informal working arrangements between the parties and may not be amended orally, but only by a writing duly executed by the parties hereto. G. 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: Page 1 of 9 25F-3 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately provide treatment to City employees suffering from an industrial injury. In addition, Consultant will also provide preventative medical services to City employees who may be exposed to communicable diseases per the attached Exhibit A, including vaccinations for Hepatitis A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended under this Agreement shall not exceed $150,000. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue through June 30, 2019, unless terminated earlier in accordance with Section 14, 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-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services, Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant Page 2 of 9 25F-4 shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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 the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or Page 3 of 9 25F-5 reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all Page 4 of 9 25F-6 work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. Pursuant to this Agreement, confidential medical information may be disclosed by City's employees to Consultant. Consultant shall comply with all federal, state and local laws regarding the privacy of medical information including but not limited to the Health Information Portability and Accountability Act ("HIPAA"). 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. DISCREVIINATION 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. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any Page 5 of 9 25F-7 terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director of Personnel Services may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 9 25F-8 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Personnel Services Agency City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5311 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (1V1-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 25F-9 Page 7 of 9 To Consultant: U.S. Healthworks — East Edinger Attn: Michelle Harrison, Clinic Supervisor 1619 E. Edinger Ave. Santa Ana, CA 92705 Fax: 714-541-5313 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: ED RAYA Executive Director Personnel Services Agency CITY OF SANTA ANA Raul Godinez II City Manager U.S. HEALTHWORKS MEDICAL GROUP: Name: Title: Tax ID 25F-10 Page 8 of 9 SERVICES and FEE SCHEDULE 25F-11 DocuSIgn Envelope ID; E03EEB4C-ODE4-4BE1-A8CMOACB3F24B10 FEESCHEOULE TYPE OF MEDICAL PROCEDURE COST PER TEST AUDIOGRAM $ 25,69 BACK X-RAY $ 72.00 BLOOD LEAD LEVEL ZIP $ 61.00 BLOOD SCREENS- 7 panel drug screen $ 86.00 CH95TX-RAY $ 5100 COREEXAM• $ 80.00 DMV $ 99.00 HEPABLOODSCREEN $ 50.00 H EP B BLOOD SCREEN $ 55.00 HEP 8 BOOSTER $ 100.00 HEP BTITER $ 55.00 HEP B VACCINE $ 100.00 HEPAVACONE $ 132.00 HEP C BLOOD SCREEN $ 55.00 HIV BLOOD SCREEN $ 45,00 PULMONARY FUNCTION TEST $ 70,U0 RESPIRATOR FITTEST $ 50,00 RESPIRATOR PHYSICAL (requires Pulmonary Function Test) $ 80.00 RESPIRATOR QUESTIONIAREIF PX IS NOTREQUIRED W/CLEARANCE $ 28.00 TB $ 29,00 URINALYSIS $ 15.00 URINE COLLECTION FEE $ 28.00 °Core exams are basic physicals: include vital signs, vision testing, physical exam, and urinalysis 25F-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: APPROVAL OF HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017- 33 FOR THE PROPERTY LOCATED AT 927 WEST TWENTIETH STREET (STRATEGIC PLAN NOS. 5, 2; 5, 3) CltMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Timothy M. Johnson and Ann C. Johnson, Trustees of the Johnson Family Trust, for the structure located at 927 West Twentieth Street, subject to non -substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION On November 9, 2017, the Historic Resources Commission recommended by a vote of 7:0 (Nguyen absent) that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Timothy M. Johnson and Ann C. Johnson, Trustees of the Johnson Family Trust, for the structure located at 927 West Twentieth Street, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION In September 2014, the City Council adopted Resolution No. 2014-050 to temporarily reduce fees for a Historic Property Preservation Agreement by 50 percent and waive the fee for private party nominations of properties to the Santa Ana Register of Historical Properties. The fee reduction program was approved for a period of one year and was intended to encourage and promote historic preservation. In August 2015, City Council adopted Resolution No. 2015-039 to extend the fee reduction program until August 4, 2017. City Council did not reauthorize the waiver and temporary reduction of certain Historic Application fees. Thus, as of August 4, 2017 the Historic Listing Application fee of $5,597.24, and the Mills Act Application fee of $4,257.40 were reinstated. City staff will be conducting a survey of other City historic programs and related fiscal impacts, and providing City Council with recommendations to modify Santa Ana's Historic Preservation Program practices in the early 2018. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to reinvest the tax savings into the maintenance of,the 25G-1 Historic Property Preservation Agreement December 5, 2017 Page 2 historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures. 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) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $845.46 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Candida Neal Francisco Gutierrez Acting Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency MM:rb S:RFCAl12-05-17W1IS Act Agmt 12-05-17 Exhibit: A. Historic Resources Commission Staff Report 25G-2 REQUEST FOR ., Historic Resources Commission Action ' 4�T HISTORIC RESOURCES COMMISSION MEE MDATE NOVEMBER 9, 2017 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION N6.2017-29, HISTORIC REGISTER CATEGORIZATION NO. 2017-28, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-33 FOR PROPERTY LOCATED AT 927 WEST TWENTIETH STREET (STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Ricardo Soto HISTORIC RESOURCES APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public -Hearing For CONTINUED TO Acting Exectilive Director Acting lanni Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission ,Application No. 2017-29 and Historic Register Categorization No. 2017-28. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Historic Properly Preservation Agreement No. 2017-33 with Timothy M, and Ann C. Johnson, Trustees of the Johnson Family Trust, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Timothy M. and Ann C. Johnson, Trustees of the Johnson Family Revocable Trust, are requesting approval to designate an existing residence located at 927 West Twentieth Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property is located on the north side of West Twentieth Street in the West Floral Park neighborhood. The site consists of a 1,990 -square -foot, Ranch Style residence and detached garage on a 7,560:square-foot residential lot (Exhibit 1). Analysis of the Issues Historical Listinq In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT A 25G-3 HRCA No. 2017-29, HRC No. 2017-28 HPPA No. 2017-33 November'9, 2017 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established In Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure Identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 61 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the E. A. Swanson House, is located within the West Floral Park neighborhood boundaries and has distinctive architectural features of the Ranch Style. The residence was built In 1956 by notable builder Roy Russell. West Floral Park acquired its current identity as a neighborhood of expansive, California Ranch Style houses in the years following 1947. Development started ,slowly, with around two dozen homes being built on Baker, Olive, Towner, and Westwood Streets between 1947 and 1950. Construction boomed during the 1950s and 1960s. West Twentieth Street began to be developed circa 1956-1962, according to listings in the city directories at the time. One builder In particular has come to be associated with West Floral Park: Roy Rodney Russell. The son of Roy Roscoe Russell, who developed much of Victoria Avenue in Floral Park, Roy Rodney Russell formed a partnership with his father, called Roy Russell and Son, Builders, in 1945. They began building homes on speculation, usually around 15 or 20 each year. Following the death of his father in 1965, Roy Rodney Russell continued to build, mostly custom homes and many of them In West Floral Park. Character defining features of the E. A. Swanson House that should be preserved include, but may not be limited to: materials and finishes; one -and -a -half story height; asymmetrical facade; side -gabled roof (including configuration, intersecting front gables, detailing such as exposed rafters); exterior materials (wood and brick); entry porch (configuration, materials, front door, details such as turned wood column); fenestration (horizontal, multi -light, metal -framed windows); shed -roof canopies over side entry and window; and front walkway, including brick stairs to porch (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it "contributes to the overall character and history" of West Floral Park and "is a good example of period architecture" as an intact example of the Ranch Style. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. 25G-4 HRCA No. 2017-29, HRC No. 2017-28 HPPA No. 2017-33 November 9, 2017 Page 3 The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange forthe owners voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method In determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of"the property and visual iriiprovement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic.structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The'subject site is located within the West Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published In the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. ER -2017-132 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Ricardo Soto Associate Planner RS:jm SMR0.201710 1-9-1T027W 20th (EA Swansan Hn=s .927W. 20th St.hre 25G-5 HRCA No. 2017-29, HRC No. 2017-28 HPPA No. 2017-33 November 9, 2017 Page 4 Exhibits 1. 500' Radius Map 2. Department of Parks and Recreation Form 3. Mills Act Agreement 25G-6 HRC 2017-281 HRCA 2017-291 HPPA 2017-33 927 WEST TWENTIETH STREET E.A. SWANSON .HOUSE PLANNING AND BUILDING AGENCY E�T3 EXECUTIVE SUMMARY 927 West Twentieth Street Santa Ana, CA 92706 NAME E.A. Swanson House REF. NO, ADDRESS 927 West Twentieth Street CITY Santa Ana ZIPJ 92706 ORANGE COUNTY YEAR BUILT 1956 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I None NEIGHBORHOOD West Floral Park CALIF. REGISTER CRITERIA FOR EVALUATION I C13 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch Style Widely published in Sunset and House Beautiful magazines, the Ranch Style house dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1070s. The Ranch Style originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional Ranch house with a'modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. GenerallyL- shaped or U-shaped in plan, the Ranch house typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch Style Is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundalions,,art stone, and wood shako roofs. Indoor -outdoor integration Is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muritins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARYICONCLUSION: The E.A. Swanson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of Ranch Style. Additionally, the house has been categorized as "Contributive" because it 'contributes to the overall character and history" of the West Floral Park neighborhood and "is a good example of period architecture," representing Ranch Style in Santa Ana (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation. (From California Office of Historic Preservation, Technical Assistance Bulletin # 7, September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. . California Historical Resource Status Code. (From California Office of Historic Preservation Technical Assistance Bulletin #8, November 2004). 2504 State of California —Tito Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings__ Review Code Primary #_ HRI # NRHP Status Reviewer__, P1. Other IdentiFler: "P2. Location: ❑Not for Publication mUnroslrictod a. County Orange County 'b. USGS 7.5' Quad TCA 0054 Date: 'c. Address 927 West Twnficth Strocl City Santa Ann Zip 92706 'e. Other Locational Data: Assessor's Parcel Number 399-055-'W 'P3a. Description: (Dasoribe reanurre and its major elements. Include design, materials, condition, altorations, size, setting, and boundaries) This ono:ind-a-half story single-family residence departs from the typical Ranch Style house with its extra half -story of height. Located on the north side of West Twentieth Street in a past -World War 11 neighborhood of mostly Ranch Style houses, the building is capped by a side -gabled roof of moderate pitch. The roof is split into throo sections, wilh the and portions set back from the central section. Smaller front gables lop windows on the east and west sides of the fagade. (south elevation). Wide horizontal siding clods most of the strudturo, accented by panels of brink in the porch area and framing a large picture window west of the malt entry. Sheltered by the overhang of the main roof, which is supported by a sender, tumod wood column, the porch is offset from the canter of the fagade towards tho east and contains the wood and glass front door Ranked by diamond -paned, hall -height side lights. Rafters are visible in the slightly overhanging eaves. A couple of shallow, hrick-pavedsteps lead from the porch to a straight pathway through the front yard to the sidewalk. The large picture window to the west is characterized by metal -framed mufidight, horizontal sash. Smaller windows below the front gables on the east and west are similarly mala! -framed, multi -light horizontal sash. A secondary entry and a window on the east elevation aro shaded by shed -roofed canopies supported by rustic brackets. The driveway runs along the east side of the house to a detached garage, to which a second story was adders in 1962. The only other noticeable alteration is the 2004 replacement of a wood shake roof with composition roofing. -The property is attractively landscaped and is in excellent. condition. `P3b. Resource Attributes: (list attributes and codes) HP2. Single-FamityRcsidenco `P4. Resources Present: ■Building []Structure O0b(ect OSile ODislrict OElement of District []Other 'P1 t. Report citation: (Cite surrey report and other snurces, or enter "none') None P5b. Photo: (view and date) South elevallon. August 23, 2017. W. Date Constructed/Age and Sources: Whistoric 1056ICityof Santa Ana Building Permit. `P7. Owner and Address: Timothy AA. and Amt C. Johnson 927 West Twentieth Street Santa Ana. CA 92706 '138. Recorded by: Leslie NeumannIGhatlet, Mc, for lire City of Santa Ana. 20 Civic Center Plaza M-20 Santa Ana, CA 92702 'P9. Date Recorded: October 26, 2017 'P10. Survey Type: Intensive Surety Update -Attachments: []Nene []Location Map []Sketch Map mContinuation Sheet SIBuilding, Structure, and Object Record []Archacalogical Record ❑District Record [Linear Feature Record []tdliiling Station Record []Rock Art Record ❑Artifact Record OPhouxjraph Record Cl Other(6st) OPR 523A (1195) 25G-9 'Required information State of California —The Resources Agency Primary a DEPARTMENT OF PARKS AND RECREATION HRIN BUILDING, STRUCTURE, AND OBJECT RECORD Page _L of 3 *NRNP Status Code 5S3 Resource rvame or a: C. A. Swanson nouso 61. Historic Name: E. A. Swanson House B2. Common Name: None B3. Original Use: Singlo-Family Rosidonre B4. Present Use: Single -Fancily Residence '85. Architectural Style: Other: Ranch Style "B6. Construction History: (Construction data, alterations, and date of alterations): Constructed 1956. July 15, 1956. 6 Room residence and garage, $20, 000. January 5, 1963. Addition to residence (room over garage), $1,500. March 9, 1994. Remove existing wood shakes and install now wood shakos, $12, Eno. April 26, 2004. Reroof (tear off existing wood shakes and apply composition). 'B7. Moved? ■No OYes ❑Unknown Date: Original `B8. Related Features: None. 09a. Architect: Pfone listed.. It. Builder: Roy Russell `B10.51gnificance: Theme ResidentlalArchilecture Area Santa Ana Period of Significance: 1662-1967 Property Type: Single-Famliy Residence Applicable Criteria: CM (Discuss Importance in tarms of historical or architectural context as defined by theme, period, and geographic scope. Aso address integrity) The E A. Swanson House 1s architecturally significant as a distinctive example of the Ranch Style, the most popular form of housing fru post-war subdivisions in Santa Ana. It was built in 1056 for an estimated cost of $20,000 by neighborhood developer and builder, Roy Russell, The first owner appears to have been Ellsworth A. Svnnson, a physiotherapist who previously lived at 2107 Martha Lane. By 1958, according to vo ler registration rolls and building permit records, Swanson and wife Peggy had moved to 927 West Twonfioth Street, where they remained until circa 1991, according to records avallab/o on ancestry.com. City directories indicate that Clark and Pat Paddock had moved to the house by 1993 and remained there at least through the 1990s. (Sep Continuation Sheof apt 3.) B11. Additional Resourcn Atlributes: (List attobulas and '812. References: City of Santa Ana Building Permits Santa Ana History Room CnRrcfion, Santa Ana Pubtic Library Sanborn Maps (Soo Continuation Sheet 3 of 3.) 813. Remarks: `B14. Evaluator: Leslie Houmann/Chattel, inc. 'Date of Evaluation: Oclobur26, 2017. (This spare reserwid for official comments.) DPR 523B (1195) 25G-10 E. A. Swanson House * 927 West Twentieth Street a +, rrYE.YTY--FIRST o}ST £Er 650- A O U 0 0 Y reeErvrrEnr sMEEr s a t 'Required Information State of California—The Resources Agency Primary It DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of Resource Name: E. A. Swanson House 'Recorded by Leslie Neumann/Challet, Inc. *Date October 26, 2017 ❑x Continuation ❑ Update `610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of Bre Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered nround the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and Incorporation as a city in 1885, and selection as the seat of the newly created County of Orange In 1889, the city grow outwards, with residential neighborhoods developing to the north, south, and east or Ilia city center. Agricultural uses predominated in the outlying areas, wilt? cultivated fields and orchards dotted with Wifely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the E. A Swanson House is located has boon known as West Floral Park. Located northwest of the historic core of Santa Ana, this residential neighborhood is bounded by Santiago Crook on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Strout on the west. Prior to World War 11, the area was agricultural, divided into a few large landholdings devoted primarily to the cultivation of orangos, walnuts, and apricots. Troccs of this early era remain in the ram? of two original farmhouses (1911 Westwood Street and 2402 North Flower Street) and in a few targe parcels along Flower Street. During the 1920s and 1930s a handful of houses were erected on Baker, Bristol, and Flower Streets, and two municipal facilities, the City Water Works pumping plant and the City/County Animal Shelter; were built at 2315 and 2321 North Bristol Street. West Floral Park acquired Its current identity as a neighborhood of axpansivo, California Ranch Style houses to the years following 1947. Development started slowly, will) around two dozer? homes being built on Baker, Olive, Towner, and WOsh'Jeod Streets between 1947 and 1950. Construction boomod during the 1950s and 1960s. West Twentieth Street began to be developed circa 1956-1962, according to listings in the city directories at the time. Ono builder in particular has come to be associated with West Floral Park: Roy Rodney Russell. The son of Roy Roscoe Russett, who developed much of Victoria Avenue in Floral Park, Roy Rodney Russell formed a partnership with his father, called Roy Russoll and Son, Builders, in 1945. They began building homes on speculation, usually around fifteen or twenty each year. Following the death of his father in 1965, Roy Rodney Russell continued to build, mostly custom humus and many of them In West Floral Park. He retired in 1993. The E A. Swanson House qualifies for listing in ilio Santa Ana Register of Historical Proportlos under Criterion 1 for Its representation of the distinguishing characteristics of the Ranch Style. Of particular Interest in this regard are The horizontal orientation of the design, massing under a sido-gabled roof, combination of wood and brick on Ilia exterior walls, off-centor entry sheltered by the nnalt? root, large front picture window, and detailing suggestive of ilia Colonial Revival *to. Additionally, the house has boon catogerized as"Contributive"because it "contributes to the overall character and history" of West Floral Park and "is a good example of period archttecture" as an Intact example of the Ranch Style. Characler defining features of the EA. Swanson House include: one -and -a -half story height; asymmetrical fagade; side -gabled roof (including configuration, intersecting (rent gabios, detailing such as exposed ratters; exterior materials (wood and brick); entry porch (configu(ation, materials, front door, details such as turned wood column); and fenestration (horizontal. multi -light, metal - framed windows): stied -roof cariopios over side entry and window?, and front walkway, including brick stairs to porch. 'B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994, McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. Now to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept ofthe Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Rosourcos."Socramonto: March 1995. Whilren, Marcus. American Architecture Since. 1780. Cambridge., MITPress, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. DPR 523L 25G-11 MILLS ACIA GREEMENT 927 (Vest Twentieth Street Sanln Ana, CA 92706 RECORDING REQUFSTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City ol'Sanla Ana Attn: City Clerk 20 Civic Center Praia (M-30) Santa Ana, CA 42702 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27333 HISTORIC PROPERTY PRFSF.RVATION AGREEMENT This agreement ("Agreement") is niade and entered into this by and between the .City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of Califbmia (itereinafler referred to as "City"), Timothy M. and Ann C. "Johnson, Trustees of the Johnson Family Trust (hereinalier referred to as "Owners"), owners of real property located at 927 West 'Twentieth Street. Santa Ann, California, in the County of Orange and listed on the 'Saida Ana Register of historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 927 West Twentieth Street, Santa Ana, CA, 42706 laid more particularly described in "Exhibit A," attached licreto and incorporated herein by reference, and hereinalier referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the rcquirenients of Chapter 30 of the Santa Ana Municipal Code. D. The City and the properly Owner. for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenancc arc carried out in an exemplary manner. EXHIBIT 3 -I- 25G-12 MILLS AC'i'AGREE.-VERT .927 Nest Tteendeth Street Santa Ann, 0 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter I, Part 5 or Division I of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division i of the California Tax and Revenue Code. NOW, THEREFORE-, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December G, 2017, and Stull remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial tart will automatically be extended as provided in Calilbrnia Government Code Sections 50280 through'50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of life effective (late of this Agreement, a year shall automatically be added to the initial ten (10) year tern of this Agreement unless .written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owncr to the City at least ninety (90) clays prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the amoral renewal (late, one (1) .year shall automatically he added to the loan of lite Agreement as provided herein. I . Within 30 days. from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner oi'nonrencwal. d. if either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the tern then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions; requirements and restrictions: I . Owner shall maintain the Historic Property in a good stale of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- detining features described in the "Department of Parks and Recreation Primary Record" attached hereto, marked as "Exhibit A," notably the general architectural forst, style, materials, -2- 25G-13 :r11LLS ACT AGREEMENT 92: (vest Tivenaielh Street Santa Ana, CA 921-06 design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects ol'the appearance of the exterior to the sntisfaction of the City. b, All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the interior's Standards and Guidelines fir Historic Preservation Projects. These guidelines are attached hereto, marked as "Exhibit C," and incorporated herein by this reference. Owners shall continually maintain the Historic Property in the same or better condition. C. A view 0 ridor enabling the general public to see the Historic Property from (lie public right-of-way shall be maintained, and Owners shall not be permitted to block the view corridor to the properly with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as f'enees, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such us cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. c. Owners shall allow reasonable periodic examination, by prior appointment, of' the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the Slate Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Govennncnt Code Section 50250, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the properly to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owners have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. if a contract is cancelled for these reasons, the Owners shall pity a cancellation fee to the County Auditor as set forth in Government Code -3- 25G-14 31ILLS ACT AGRF.HUENT 927 1Vest Twentieth Street Saxta Axa, Cil 92706 Section 50286. This cancellation lime shall be a percentage (currently set at twtclve and one-half (12 'i:) percent by Government Cale Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by (lie county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No tee shall be imposed in the case Uf destluetion by acts of God or natural disaster. C. if the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates lite purpose or this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. 'In lieu or and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of the terms of the Agreement. In the event of a default, under the provisions to cancel the Agrrecmctit by the Owners, the City shall give written notice to the Owners by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may he commenced within thirty (30) day's and shall thereafter be diligently pursued to completion by the Owners), then the City may, without further notice, declare a default under the forms of this Agreement and may bring any action necessary kr specifically enforec the obligations of the Owners growing out of the terns of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b, The City docs not waive any claim of default by the Owner if the City floes not enibrce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by (lie City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at 927 West Twentieth Strect, Assessor Parccl Number, 399-055-07, and more particularly described in "Exhibit A," in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. -4- 25G-15 AMUS ACT AGREEMENT 927 Nest Troeutfeth Street SnaHa ; Ina, CGI 92706 h. 'rhe City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set Ibrth herein shall he deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hercinaller executed, covering or conveying the Historic Properly or any portion thereof; shall conclusively be held to have been executed, delivered, and accepted suhjcct to the. tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. R. No Compensation. Owners shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Atirocnrenl shall be sent to lire address of the respective parties us specified below or at other :addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Cenlcr Plaza (M-30) Santa Ana, CA 92702 Owners: Timothy M. and Ann C. Johnson, Trustees ol'thc Johnson Family Trust 927 West Twentieth Sheet Santa Ana, CA 92706 10, General Provisions. a. None of the terms, provisions, or conditions of this Aereement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to he considered joint ventures or members of any joint enterprise. b. The Owners agree to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless front liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or tier contractor, subcontractor, agenda, employee, or other person acting on his or her behalfwhich relates to the ->- 25G-16 d4/LLS ACT: tGRFFAIFIVT 927 West Tmeirdeth Street Santa Etna, Cit 92706 use, operation, and maintenance of the Historic Property. The Owners hereby agree to and shall defend the City and its elected and appointed ofliciaLs, officers, agents, and `employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or'approvcd the plans, specifications or other documents for the Historic Property, d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion or the Historic Property, whether by operation of law on in any manner. whatsoever. C. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation tit any of the coveruints, reservations; or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. £ in the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof. shall not lie effected thereby, .g. This Agreement shall lie construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of.Orange. 12, Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into tltc contract, the owner or agent of an owner shall provide written notice of this Agreement to the Oflice of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall he elfeolive on the clay and year first written above. .6_ 25G-17 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: e5 LISA TORCK Assistant City Attorney M/LLSACTAGREEMENT 927 West Twentieth Street Santa Ann, CA 92706 CITY OF SANTA ANA RAUL GODINEZ II City Manager m RECOMMENDED FOR APPROVAL: CANDIDA NEAL Acting Director Planning and Building Agency -7- 25G-18 AM LS ACI' AGREE'AIIYA T 927 West 7hendeth Street SnrrterAna, C4 02706 Exhibit A LOT 3 OF TRACT NO. 2949, N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 88, PAGE 40 OF MISCELLANEOUS MAPS, IN -rHE- OFFICE OF THE- COUNTY RECOlil) l OF SAID COUNTY. FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor's Parcel Number: 399-055-07 -K- 25G-19 EXECUTIVE SUMMARY 927 West Twentieth Street Santa Ana, CA 92706 NAME E.A. Swanson House REF. NO. ADDRESS 927 West Twentieth Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1950 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT None NEIGHBORHOOD I West Floral Park CALIF. REGISTER CRITERIA FOR EVALUATIONCf3 _ CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication 0 Unrestricted ❑ Prehistoric ❑ Historic ❑ Both ARCHITECTURAL STYLE: Ranch Style Widely published in Sunset and House Beautiful magazines, the Ranch Stylehouse dominated post -World War 11 residential expansion and represented the most popular house form in the United States from the 1950s through 1970s; The Ranch Style originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional Ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L- shaped or U-shaped in plan,the Ranch house typically has a one-story profile with strong horizontal emphasis expressed though a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch Style is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration Is achieved through the use of recessed or extended porches, set low to the ground; and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARYICONCLUSION: The E.A. Swanson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of Ranch Style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the West Floral Park neighborhood and "is a good example of period architecture," representing Ranch Style in Santa Ana (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation. (From California Office of Historic Preservation, Technical Assistance Bulletin # 7, September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Historical Resource Status Code. (From California Office of Histaric Preservation Technical Assistance Bulletin #8, November 2004); 25131-40 State of California — The Resources Agency Primary d DEPARTMENT OF PARKS AND RECREATION HRI 0 PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Dale or number (assigned by recorder) P1. Other Identifier: '132. Location: ONot for Publication AUnrestricted 'a. County Orange County 'b. USGS 7.5' Quad TCA 0054 Dale: 'c. Address 927 West Twntieth Street City Santa Ana Zip 92706 'e. Other Locational Data: Assessor's Parcel Number 399-055-07 '133a. Description: (Describe resource and Its major elements. Induce design, matnlals, condition, altorations, size, setting, and boundarion) This one -and -a -half story single -!amity residenco departs from the typical Ranch Style house with its extra had -story of height. Locafod an the north side of West Twentieth Street in a post -World War 11' neighborhood of mostly Ranch Style houses, the building is capped by a side -gabled roof of moderate pitch. 'rho roof is split into throe sections, with the end porlions set back from the central section. Smaller front gables top vrindows on the east and west sides of the fagade (south elevation). Wide horizontal siding clods most of the structure, accented by panels of brink in the porch arca and framing a largo picture window wrest of the main entry. Sheltered by the overhang of the main roof. which is supported by a slender, turned wood column, the porch is offset from the cantor of the l agade towards the east and contains (he wood and glass front door flanked by diamond -paned, half -height side lights. Rafters are visible in the slightly overhaggtng eaves. A couple of shallow, brick -paved steps lead from the parch to a straight pattnvay through the front yard to the sidewalk. The large picture window to the west is characterized by metal -framed, multi -light, horizontal sash. Smaller windows below tho'front gables on the east and west are similarly'metal-framed, mull -fight horizontal sash. Asecondary entry and a window on tire east elevation are shaded by shed -roofed canopies supported by rustic brackets. The ddvoway runs along the east side of the house to a detached garage, to which a second story was added In 1962. The only other noticeable alteration is the 2004 replacement of a wood shako roof with composition roaring. The property is attractively landscaped and is In excellent condition. 'P3b. Resource Attributes: (list attributes and codes) HP2. Singla-Famffy Rosidrnce 'P4. Resources Present: ■Building ❑Structure ❑Object OSite ❑District ❑Clement of District ❑Other 'P11. Report Citation: (Cite survey reood and outer sources, or enter "none"} None P5b. Photo: (viear and date) South olovation. August 23, 2017. 'P8. Date ConstructedlAge and Sources: shistoric 1956rCity of Santa Ana Building Permit. 'P7. Owner and Address: Timothy M. and Ann C. Johnson 027 West Twentieth Street Santa Arra, CA 92706 'P8. Recorded by: Leslie HeurnannfChattel, Inc, for the City of Santa Ana, 20 Civic Center Plaza M-20 Santa Ana, CA 92702. 'P9. Date Recorded: October 26, 2017 '1310. Survey Type: lntcnsivo Survey Updatc 'Attachments: ❑None ❑Location Map OSkelch Map ■Continuation Sheet KBuilding, Structure, and Object Record []Archaeological Record ODistAct Record ❑Linear Feature Record OMilling Station Rocord []Rock ArtRecord []Artifact Record []Photograph Record O Other (list) DPR 523A (1195) 25G-21 'Required information 1 'P11. Report Citation: (Cite survey reood and outer sources, or enter "none"} None P5b. Photo: (viear and date) South olovation. August 23, 2017. 'P8. Date ConstructedlAge and Sources: shistoric 1956rCity of Santa Ana Building Permit. 'P7. Owner and Address: Timothy M. and Ann C. Johnson 027 West Twentieth Street Santa Arra, CA 92706 'P8. Recorded by: Leslie HeurnannfChattel, Inc, for the City of Santa Ana, 20 Civic Center Plaza M-20 Santa Ana, CA 92702. 'P9. Date Recorded: October 26, 2017 '1310. Survey Type: lntcnsivo Survey Updatc 'Attachments: ❑None ❑Location Map OSkelch Map ■Continuation Sheet KBuilding, Structure, and Object Record []Archaeological Record ODistAct Record ❑Linear Feature Record OMilling Station Rocord []Rock ArtRecord []Artifact Record []Photograph Record O Other (list) DPR 523A (1195) 25G-21 'Required information State of California—The Resources Agency Primary #__ DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 'NRHP Status Code 5S3 'Resource Name or#: E. A. Swanson House B1. Historic Name: C. A, Swanson House B2. Common Name: !Norte 63. Original Use: Singlo-Family Residence B4. Present Use: Single -Family Residence "B5. Architectural Style: Other: Ranch Style `136. Construction History: (Construction date, altorations, and date of alterations): Constructed1956. July 15, 1956, 6 Room residence and garago, $20,000. January 5, 1963. Addition to residence (room over garage), S1, 500. March 9, 1994. Remove existing wood shakos and install now wood shakes, $12, 000. April 26, 2004. Reroof (fear off existing wood shakes and apply composition). `67. Moved? ■No ❑Yes ❑Unknown Date: Original Loc `1218. Related Features: None. B9a. Architect: None listed. b. builder.. Roy Russell 'E110. Significance: Theme Ros(dential Archifeclure Area Santa Ana Period of Significance: 1862-1967 Property Type: Single -Family Residence Applicable Criteria: ,C13 (Discuss importance In forms of historical or architectural context as defined by theme, period, and gecgraphic scope. Also address Integrity) The E. A. Swanson House is architecturally significant as a distinctive example of the Ranch Style, lho most popular fdrm of housing for post-war subdivisions in Sonia Ana. It was built in 1956 for an estimated cost of $20,000 by neighborhood developer and builder, Roy Russell. The first owner appears to have boon Ellsworth A. Swanson, a physiotherapist who previously fnved at 2107 Martha Lane. By 1958, according to voter registration rolls and building permit records, Swanson and wife Peggy had maned to 927 West Twentieth Strout where they remained until circa 1991, according to records available on ancestry.com. City directories indicate that Clatk`and Pat Paddock had moved to the house by 1993 rrnd rumained there at least fhrough the 1990s. (Sec Continuation Shoot 3 of 3.) 811. Additional Resource Attributes: (List alldbu_tes and 'B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: 4814. Evaluator: Leslie Hourflann/Chattel. Inc. 'Date of Evaluation: Octobcr26, 2017. (This space rosorvod for official comments.) DPR 523B (1195) 25G-22 -Required Information h Q E. A. Swanson House " 927 West Twentieth Sheol . as 'STiTEET 1, rWENTY•Finsr m r n.,..• ` �v"s - Y o o. G) o x. '• nvEIMEW SIRE -ET a xn 71-177-11 -Required Information State of California—The Resources Agency Primaryg DEPARTMENT OF PARKS AND RECREATION HRI Y, CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: E. A. Swanson House 'Recorded by Leslie HeumannXiiettel, Inc. 'Date October 26, 2017 O Continuation ❑ Update "B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site an pan of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the Intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and oast of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second hall of ilia twentieth century, the neighborhood in which the E. A. Swanson House is located has been known as West Floral Park. Located northwest of the historic core of Santa Ana, this residential neighborhood is bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the we st Prior to World War 11, the area was agricultural, divided into a few large landholdings devoted primarily to the, cultivation of oranges, walnuts, and apricots. Traces of this earlyrim remain in the form of two original farmhouses (1911 Westwood Street and 2402 North Flower Street) and In a few large parcels along Flower Street. During the 1920s and 1930s a handful of houses woro erected on Baker, Bristol, and Flower Streets; and tyro municipal facilities, the City Water Works pumping plant and the City/County Aminal Sheller, were buil! at 2315 and 2321 North Bristol Street. West Floral Park acquired its current identify as a neighborhood of expansive, California Ranch Style houses in the years following 1947. Development starfed slowly, with around two dozen homes being built on Baker, Olive, Towner. and Westwood Streets between 1947 and 1950, Construction boomed during the 1950s and 1960§: West Twentieth Street began to be developed elrca 1956-1962, according to listings in the city directories at the time. One bdflderin particular has come to be associated with West Floral Park: Ray Rodney Russell. The son of Roy Roscoe Russell, who developed much of Victoria Avenue in Floral Park, Roy Rodney Russell formed a partnership with his father, called Roy Russell and Son, Builders, in 1945. They began building homes on speculation, usually around fifteen or twenty each year. Following the dealt? of his father in 1965, Roy Rodney Russell continued to build, mostly custom homes and many of them in West Floral Park He retired in 1993. The E. A Swanson House qualifies for listing in the Santa Ana Register of Historical Properties imdor.Critorion i for Its representation of the distinguishing characteristics of the Ranch Style. Of particular Interest in this regard are the horizontal orientation of the design, massing under a side -gabled roof, combination of woad and brick on the exterior walls, o/l-center entry shattered by fire main roof, large front picture window, and detailing suggestive of the Colonial Revival style. Additionally, the house has been categorized as "Contributive"because it "contributes to the overall character and history' of West Floral Park and 'is a good example or period architecture"as an intact example of the. Ranch Style. Character doming features of the E. A. Swanson House include: ono -and -a -hall story height; asymmetrical fagade; side -gabled roof (including configuration, Intersecting front gables, detailing such as exposed rollers; exterior materials (wand and brick); entry porch (configuration, materials, front door, details such as turned wood column); and fenestration (horizontal, multi-light,'metal- framed windows); shed -roof canopies over side entry and wfndoir and front walkway, including brick stairs to porch. "B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana An illustrated Histoiv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guido to American Houses. New York., Alfred A. Knopf, 1984. Nafional Register Bulletin 16A. How to Complete the National Register Registration Form." Washington DC; National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources.'Sacramcnto: March 1995. Whiten, Marcus. American Archilocturo Since 1780. Cambridge: MIT Press, 1969. Santa Ana. and Orange County Directories, 1905-2017. Ancostry.com Newspapers.com (Sanfa,Ana Register) Historic Maps, Santa Ann History Room, 1912, 1923, 1932, and 1955. DPR 523L 25G'-23 HULLSACT AGRL2•'MENT 927 WesiTwentieth SYreel Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of historic Buildings, as fbIlow-s: Every reasonable etlbrt shall he made to provide a compatible use for a properly which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building structure or site and its environment shall not be destroyed. The removal or alleration,of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized its products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouriged. 4. Changes which may have taken place in. the coarse of time are evidence of the history and development of a building, structure. or site and its envirormuctit. These changes may have acquired significance in their own .right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall he treated with sensitivity. G. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being rcplaecd in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of dinercul architectural elements from the other buildings or structures. The surface eleaning of structures shall be undertaken with the gentlest means possible. &uidblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. S. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any prgject. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 25G-24 MILLS ACT AGRF,FVENT 927 Wev Tweededi Street Santa Aim, Cit 92706 sire, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations teed to be removed in the future_, the essential f'onn and integrity of the structure would be unimpaired. _- 25G-25 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-29 TO PLACE THE PROPERTY LOCATED AT 927 WEST TWENTIETH STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO, 2017-28 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY. BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 9, 2017 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-29) and categorization (Historic Resources Commission Categorization No, 2017-28) of the E. A. Swanson House located at 927 West Twentieth Street, Santa Ana. B. The E: A. Swanson House has distinctive architectural features of the Ranch style, and was built in 1956 by Roy Russell. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it .'contributes to the overall character and history" of West Floral Park and "is a good example of period architecture' as an intact example of the Ranch style. Character defining features of the E. A. Swanson House include: one -and -a -half story height; asymmetrical fagade; side -gabled roof (including configuration, intersecting front gables, detailing such as exposed rafters; exterior materials (wood and brick); entry porch (configuration, materials, front door, details such as turned wood column): and fenestration (horizontal, multi -light, metal -framed windows); shed -roof canopies over side entry and window; and front walkway, including brick stairs to porch. D. The legal owners of this property are Timothy M. Johnson and Ann C. Johnson, Trustees of the Johnson Family Trust. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. 25G-26 FREE RECORDING PURSUANT TO GOVERNMENT CODE§ 27383 F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. ER -2017-132 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves; A. Historic Resources Commission Application No. 2017-29 to -place the E. A. Swanson House located at 927 West Twentieth Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-28 placing the E. A. Swanson House located at 927 West Twentieth Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but Is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public'testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary Is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 9th day of November 2017. Alberta Christy Chairperson 25G-27 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. XX to be the original 'resolution adopted by Historic Resources Commission of the City of Santa Ana on November 9, 2017. Date: Commission Secretary City of Santa Ana 25G-28 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN I Address Legal Description Owner Names 399-055-07 927 West Twentieth Street LOT 3 OF TRACT NO. 2949, Timothy M. and IN THE CITY OF SANTA ANA, Ann C. Johnson, COUNTY OF ORANGE, Trustees of the STATE OF CALIFORNIA, AS Johnson Family PER MAP RECORDED IN Trust BOOK 88, PAGE 40 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 25G-29 25G-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2017 TITLE: APPROVED L3 As AWARD OF EQUIPMENT AND SERVICE ElAs Amended Recommended AGREEMENT WITH VACANT PROPERTY ❑ Ordinance on 1� Reading SECURITY, LLC FOR PLACING METAL El Ordinance on Reading EI El Implementing Resolution SECURITY DOORS, SCREENS AND ❑ Set Public Hearing For OTHER SECURITY EQUIPMENT ON RED - TAGGED BUILDINGS (STRATEGIC PLAN NO. 3,3; 5, 4E) CONTINUED TO FILE NUMBER CITY NAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to enter into a contract with Vacant Property Security, LLC for equipment and services related to placing metal security doors, screens, and other security equipment on "red -tagged" buildings to enforce compliance of code enforcement violations, for a one year term ending on December 4, 2018, with an option to extend the term for up to one year, in an amount not to exceed $115,000, including any extension period, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The City continues to use a variety of enforcement options to shut down illegal marijuana dispensaries. The operators of these dispensaries and the landlords that rent to the operators do not have the regulatory safety permits (RSP's) required by Measure BB and often are not in compliance with State laws. The operators of these illegal dispensaries do not have business licenses and they do not comply with the voter approved regulations or pay the required taxes that the lawful operators pay to the City. The City's administrative citations, civil and criminal actions and civil fines have not thwarted all of the operators. Even direct legal action against the landlords has not resulted in compliance. Every day that an illegal operator is in business, he or she makes significantly more money than it costs to oppose legal action. Furthermore, even when the City takes action to sever utility services, the operators bring in generators and re-establish utility service through illegal connections. After red -tagging buildings, Planning and Building Agency's Code Enforcement staff has found that the operators tear down notices and plywood security doors. In addition the Parks, Recreation and Community Services Agency (PRCSA) has experienced a need for an alternative to wood paneling to secure a building. On several occasion the property 25H-1 Award of Equipment and Service Agreement with Vacant Property Security LLC December 5, 2017 Page 2 at 625 South Cypress Avenue has been broken into by intruders, vandalized and used as a shelter by homeless individuals. The Police Department has been to the location on many occasions to clear out the building, after which, the facility is boarded up, but intruders remove the wood paneling the very same evening after the police and city staff have left. In consultation with other cities having similar experiences, the City discovered Vacant Property Security LLC provides steel security doors, screens and other security equipment that a city or landlord can lease and Vacant Property Security LLC secures the doors to the properties. The doors are nearly impossible to remove and their use, per the City's consultation with other cities, has resulted in compliance. The City's Municipal Code, Section 2-807(a) provides that the City may recommend a sole -source contract to the City Council where 'Purchases of materials, supplies, labor, and equipment whenever it shall appear that there is only one (1) reasonably available source or where solicitation of bids would for any reason be an idle act." In this case, staff is recommending Vacant Property Security LLC because this company is the only company in the State of California that provides the steel doors, screens, and other security equipment and installs the materials, on the identified property. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #3 (Promote a solution -based customer focus in all efforts to facilitate development and investment in the community); Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), and Strategy E (Implement innovative code enforcement practices and strategies including the use of volunteers, enhanced technologies and increased collaboration with other City departments and outside agencies to address critical livability issues citywide [e.g. overcrowding, absentee landlords, landlord/tenant rights and responsibilities, etc.]). FISCAL IMPACT The funding is budgeted and available as follows: Fund Account Service Amount number FY 2017-18 City Attorney's Office Other 01108032- Code Enforcement $ 85,000 Contractual Services 62300 Violations Parks, Recreation and Community 02213200- Parks, Recreation and $ 10,000 Services Agency 62300 Community Services FY 2018-19 City Attorney's Office Other 01108032- Code Enforcement $ 15,000 Contractual Services 62300 Violations 25H-2 Award of Equipment and Service Agreement with Vacant Property Security LLC December 5, 2017 Page 3 Parks, Recreation and Community 02213200- Parks, Recreation and $ 5,000 Services Agency 62300 Community Services Funding at this time is available in the above referenced accounts. In the event of a shortfall in the identified account, staff will provide an appropriate adjustment at the time additional cannabis revenue is realized after changes in regulatory ordinances. Funds are available for this program in FY 2017-18 and FY 2018-19 however if we need to exercise the option of continuing the contract an additional year we will review the program's budget and funding availability. 4W60J 6rr�� onia R. Carvalho City Attorney ai✓ ndida Neal Acting Executive Director Planning and Building Agency SM:rb &RFCA112-05-MVPSSteel Doom RFCA Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: ,- Francisco Gutierrez Executive Director Finance & Services Management Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency 25H-3 25H-4 VACANT PROPERTY SECURITY LLC - MASTER EQUIPMENT & SERVICES TERMS & CONDITIONS 1. DEFINITIONS & INTERPRETATION 1.1 Definitions: Affiliates: a person's employees, agents, nominees, sub -contractors and anyone acting at their Instruction, including any director, manager, member, managing member, general partner or officer, excluding in each case another Party. Alarm System: the wireless alarm system VPS agrees to provide which may Include one or more of the following: alarm units, passive infra -red sensors or similar devices, PID Keys; and/or other devices designed to operate in conjunction with any of them. Business Day: any day except Saturday, Sunday and public holidays. Business Hours: 9 am to 5 pm Central Standard Time on a Business Day. Charges: the amounts payable by the City in respect of or In connection with the provision of Equlpment/Service under a Contract. Claims: means all claims, losses, liabilities, damages, costs, expenses (including attorney's fees) and Interest whether arisingin/under contract, tort (including negligence), statute or otherwise. Confidential Information: Information (whether written, oral or In an electronic format) supplied by a Party or Its Affiliates which relates to that Party or Its Affiliates and is commercially sensitive and expressed to be confidential; by Its nature should be considered to be confidential; is a trade secret; or relates to intellectual property rights. Contract: an agreement, Including these Terms and any applicable Order Form(s), between the City and VPS in respect of the provision of Equipment and/or Services by VPS at a Site. Controlled Premises: any land, buildings and/or premises which are under the Qty's control and are adjacent to or contiguous with a Site. City: the City of Santa Ana. Equipment: the alarm system, temporary security doors, window screens and/or any other equipment/products or services which VPS agrees to provide. i Initial Fee: a non-refundable amount specified In an Order Form, or otherwise communicated by VPS, which may be all or only part of the Charges in respect of the provision of the Equipment/Services. EXHIBIT 1 25H-5 Initial Rental: a non-refundable amount specified in an Order Form, or otherwise communicated by VPS, which may be all or only part of the Charges in respect of the provision of the Equipment/Services. The initial rental is part of the initial fee. Monitoring Service: the monitoring of the alert status of an Alarm System by VPS on a 24 hour basis and the provision of notifications to the City In the event of unauthorized access to or Flood at a Site. Order Form: an order form issued by VPS in respect of the proposed provision of Equipment/Services. Parties: VPS and the City together. Any reference to a Party Is to one of them. Personal Property: any personal property (including the fixtures and fittings of any building) which is located at a Site or Controlled Premises. PID Key: a hand held device designed to activate/deactivate an Alarm System. Recurring Rental: a non-refundable amount specified in an Order Form, or otherwise communicated by VPS, which may be all or only part of the Charges In respect of the provision of the Equipment/Services. The Initial rental is part of the initial fee. Service Date: the date, as communicated by VPS to the City, on which the supply of Equipment/Services under a Contract is scheduled to commence. Services: any services, which VPS agrees to provide, which relate to and/or are supplied in connection with any Equipment or vacant property. Service Period: the period under a Contract (ending no later than expiry/termination of that Contract) during which VPS agrees to provide Equipment/Services. Site: the property or properties to be secured specified in an Order Form. Terms: the provisions set out in this document. VPS: Vacant Property Security LLC, a Delaware limited liability company (d/b/a VPS). 2.PURPOSE AND UNDERSTANDING 2.1 The Terms and Conditions as set forth below are exclusive and in lieu of all other terms and conditions appearing on City's application to rent or elsewhere, and apply to all quotations made and orders accepted by VPS, unless specifically stated to the contrary on the face of this orthe rental order or quotation. VPS is not responsible for typographical or clerical errors made in any quotation, orders or publications. All such errors are subject to correction. 2.2 The term of this Agreement shall commence on December 5, 2017 and expire on December 4, 2018, with the option for the parties to agree to a one year extension, exercisable by a writing by the City Manager, the City Attorney and VPS. 3.ORDERS & INSTALLATION 3.1 City and VPS Agree to an on-call basis for services during the term of this Agreement. City shall notify VPS of site and VPS shall only be bound by an Order Form which has been accepted and signed by the City without amendment and then confirmed by VPS either in writing of by commencing supply of the 25H-6 relevant Equipment and/or Services. VPS accepts no responsibility for the accuracy of orders, Instructions or information given by the City or the City's Affiliates. 3.2 The City, after carefully inspecting the equipment, acknowledges receipt thereof in good condition and agrees to return it in the same condition as received, ordinary wear and tear excepted. 3.3 VPS shall specify a Service Date, notify the City accordingly and take reasonable steps to supply the Equipment/Services on the Service Date. Once an Alarm System has been installed pursuant to the terms of an Order Form the City Is responsible for setting, de -activating and re -activating the Alarm System. Operating Instructions supplied by VPS shall be followed by the City. The City shall immediately report any Equipment failure to VPS. VPS shall not be liable for any Claims to the extent that they arise as a result of or in connection with City's failure to follow any such operating Instructions. 3.4 Pursuant to City's obtained court order, VPS may enter the Site and any Controlled Premises without notice at anytime from and including the Service Date for all reasonable and proper purposes in connection with a Contract Including (but not limited to) installation, inspection, maintenance, repair, replacement and/or removal of Equipment, the provision of Services and the exercise of rights under these Terms. 3.5 VPS shall be entitled to use reasonable force to gain access to a Site or Controlled Premises. VPS may attach warning signs/notices within, on and/or at the boundary points of the Site to direct attention to the presence of Its Equipment and/or the supply of Services. Access/forced entry under these Terms, attaching slgns/notices and/orthe provision of Equipment/Servlces at a Site may result in loss/damage to Personal Property. Subject to the express provisions of these Terms, VPS will not be liable for damage to Personal Property, personal Injury, illness or other loss, Including, but not limited to, as related to water Intrusion, mold, fungi, wet or dry rot or bacteria that may result from installation of Equipment and Services provided. The City agrees that this Is fair and reasonable In the circumstances and VPS shall not be liable for any Claims to the extent that they arise as a result. 3.6 If an Order Form specifies, VPS will Issue the City and/or its Affiliates with an agreed number of PID Keys, keys or entry codes. Additions/replacements will be supplied at an extra Charge. The City shall take all reasonable steps to ensure that the PID Keys, keys and entry codes issued under this section are not lost, stolen or used by an unauthorized person and must immediately notify VPS if any of these occur. VP5 is not liable for any Claims to the extent that they arise from or are connected with any PID Key, key or entry code Issued to the City or its Affiliates. 3.7 VPS shall provide the Monitoring Service during the Service Period as set forth in an Order Form. The cost involved is Included in the Charges for the Alarm System. VPS shall use the City's contact details in the Order Form for the purposes of Alarm System notifications in respect of a Site and will take reasonable steps, as determined in VPS's sole discretion, to notify the City and relevant Persons of all relevant Alarm System activations at such Site. The City's contact information may be changed by prior written notice to VPS. VPS is not obliged to contact emergency services and shall not be liable for any Claims to the extent that they arise from contact or non -contact with emergency services. If agreed with the City in an Order Form, VPS will take reasonable steps, as determined In VPS's sole discretion, to 25H-7 arrange for Site response to any relevant Alarm System activation as soon as reasonably possible, as determined In VPS's sole discretion. All such responses will constitute an additional Service and shall Incur an additional Charge to the City, such Charge to be detailed in the applicable Order Form. False activations caused by the City or the City's Affiliates and where VPS has arranged for Site response service will incur an additional Charge forthe service as set forth in the Order Form. 3.8 The proper working of each Alarm System is subject to availability of an adequate cellular network at the Site. Alarm Systems may generate sound In excess of 120 decibels and the City Is responsible for all noise generated at the Site. VPS shall not be liable for any Claims to the extent that they arise from or in connection with the adequacy, absence or continuity of a cellular network signal or noise generated at the Site. 3.9 Neither the City nor Its Affiliates shall or shall attempt to tamper with, move, re -locate, refit, disassemble, repair, service, reverse engineer or damage any Equipment. Any breach of this provision shall release VPS from all obligations and warranties In respect of the relevant Equipment and Services. 3.10 Where VPS believes that a Site or any Personal Property is dangerous or presents an unreasonable health and safety risk, VPS may suspend performance of any or all of its obligations under the relevant Contract until such time as the Site and Personal Property have been made reasonably safe by the City. Claims Incurred by the City In connection with the foregoing shall be at the City's expense. 4. PRICES & PAYMENT 4.1 rime for payment of any Charges shall be the essence of this agreement. 42 The Charges are referred to in VPS's price list as of the date of the relevant Order Form, but where a specific quotation/price list is sent by VPS to the City and such list has been accepted and signed by the City without amendment and then confirmed by VPS either in writing or by commencing supply of the relevant Equipment and/or Services, then that specific quotation/price list shall apply to the relevant Order Form and become a part of such Order Form. All Charges stated exclude sales or similar taxes all of which the City shall pay as shall be indicated on the final Order Form. Where the City requires a same day Installation or where work is required outside Business Hours an additional Charge Will be made. 4.3 All Equipment Is supplied for a minimum period equal to the rental period stated in the Order Form at the start of the Contract. On or before seven (7( days prior to the expiration of the initial term of the rental agreement, the City shall provide written notice to VP5 as to their intention to cancel the rental agreement at the end of the stated term. 4.4 VPS may vary Its Charges at any time by notice from VPS and such new Charges shall apply with effect starting 30 days after VPS's delivery of such notice to the City. After delivery of such a notice, the City may terminate a Contract to which it applies at any time before the new Charges takes effect and in 25H-8 such circumstances section 4.3 shall not apply, but termination of any Contract as permitted under this Section 4.4 shall not affect any other rights/remedies which shall have accrued prior to such termination. 4.5 The City shall pay the Initial Fee prior to the Service Date. Remaining and periodic Charges shall be paid weekly or monthly In advance as agreed by VPS. Any additional Services provided from time to time which are not covered In a periodic Invoice may be invoiced at any time and shall be due and payable to VPS within 30 days of VPS rendering such Services. All sums payable under these Terms shall be paid by the City without setoff, retention, deduction, withholding, lien, counterclaim or other similar rights/entitlements. Upon the City's earlier termination of a Contract pursuant to section 7.1, Charges for the remainder of the minimum period shall become Immediately due and payable, are non- refundable and will not he prorated. 4.6 Each Invoice from VPS shall be paid by the City on or before Its due date. Charges for the rental period will not be prorated. Where VPS has the right to terminate a Contract with cause as set forth in section 7.2, then all sums Invoiced or payable to VPS under that and/or any other Contract (including any Charges for the remainder of the minimum period) shall become immediately due and payable. Payment of charges when due Is an essential term, 4.7 The City shall be in breach of a Contract In all cases where the City does not have an agreed credit account with VP5 and/or falls to pay the Initial Fee or any Charges when due, such payment is rejected or the City is In arrears under the agreed upon Terms of a Contract. 4.8 If the City fails to make any payment In full when due, then without affecting any other rights/remedies: (a) the City shall pay Interest on a daily basis on the overdue amount from the due date to the actual payment date at a rate of 4% per annum over the Federal Reserve Bank prime loan Interest rete, or 14% per annum, whichever Is greater and permissible at law, and shall indemnify and reimburse VPS for all Claims arising from steps taken to collect any overdue amount; and (b) VPS shall he entitled to suspend provision of all or part of the Equipment/Services without any liability for any Claims which may arise as a result of the suspension (Charges will continue to accrue during such suspension). If a check is returned by the City's bank unpaid, a charge of $25 will he made. 4.9 It the City falls to make any payment when due or to satisfy its obligations under any other term or condition of this Contract, VPS may immediately cease providing the Services and repossess or disable the Equipment without notice. In connection with such failure, the City hereby grants VPS access to the Site and any Controlled Premises and allow it to repossess or disable such Equipment. VPS Is not required to redecorate or repair the Site or Controlled Premises as a result of ceasing Services or repossessing or disabling the Equipment and VPS shall have no liability for any Claims with respect to or In connection with ceasing Services or repossessing or disabling such Equipment. Notwithstanding anything contained In a Contract, VPS does not waive, and retains the right to exercise, any other legal or equitable rights or remedies available to It under a Contract or otherwise, including its right to file any lien or encumbrance. 25H-9 4.10 The payments for services to VPS pursuant to this on-call services Agreement shall not exceed $115,000, unless otherwise agreed upon in writing. S. OWNERSHIP 5.1 The Equipment Is, and shall at all times remain, the sole and exclusive property of VPS and the City shall have no other rights in the Equipment except as set forth in this Contract. Nothing in the Contract shall give, or be construed to give, the City any option to purchase the Equipment. 5.2 The City shall not sublease, assign, or lend the Equipment without prior written consent of VPS and shall not pledge, encumber, create a security Interest In, or permit any lien to become effective on the Equipment. The City shall not permit the Equipment to be removed from its possession or be altered In any way. If any of these events tapes place, the City shall be deemed to be In breach of this Contract at the option of VPS. Any purported assignment or sublease of this Contract or the Equipment by the City is void. In the event the City sells ortransfers ownership of a property with the VPS Equipment still Installed, the City will be liable for the cost of the equipment. 5.3 Nothing in these Terms or any Contract Is Intended to or will transfer title to or any intellectual property rights in any Equipment or Services to any person. The Equipment Is supplied on a rental basis solely for the City's use and the City shall notsell, rent, loan, create any security over or In any way encumber R without.prior written permission of VPS. While at the Site the -Equipment is supplied -at the City's risk and must be returned to VPS at the end of the Service Period in the same condition as at the Service Date, fair wear and tear excepted. 5.4 Transfer of property ownership: the City Is responsible for notifying VPS of transfer of property ownership relating to the Site or the Controlled Premises in writing to either VPS's sales department or USClient5ervlces@vpspecialists.com as soon as such transfer is discovered. 6. WARRANTIES 6.1 The Parties agree that VPS makes no warranties, express or Implies. VPS SPECIFICALLY DECLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. 6.2 The City warrants that It has not relied upon any terms, conditions, representations or warranties (express or Implied) from or on behalf of VPS other than those set out In these Terms. In particular the City has not relied upon any assessments under section 2. 6.3 The City warrants that It shall notify VPS immediately in case of accident or damage to or theft of the Equipment or of accident or damage to persons or property to the extent such accident or damage relates in any way to the Equipment, Including the use thereof. VPS will be available to service the Equipment only during its normal business hours. In the event that the Equipment is involved in an accident or Is In need of repair or maintenance, the City shall permit VPS to retake possession of the Equipment with or without legal process. 25H-10 6.4 The City warrants that it shall bear the sole cost and responsibility for all damage to the equipment, other than ordinary wear and tear to the extent that such damage (a) is caused by the City or its employees or agents; or (b) occurs prior to the expiration of the Service Period (except to the extent that the damages Is caused by the active negligence, recklessness, or willful misconduct of VPS or Its employees or agents, or by a malfunction in the equipment that is beyond the control of the City or Its employees or agents. If the Equipment Is stolen or damaged by the City or Its employees or agents beyond repair the City will pay for the Equipment at the cost to VPS to replace such Equipment. The City shall not have Equipment repaired without priorwritten permission from VPS. 7. TERMINATION 7.1 The City may request removal of Equipment or terminate a Contract without cause by giving at least one (1) week's prior written notice to VPS. Termination will take effect on proper receipt of such notice by VPS, subject to the provisions of section 4.3. If the City falls to notify VPS as provided herein, the Contract, at VPS option, will renew on the same basis as outlined on page 1 of this agreement, "Duration of Rental' until cancelled by either party. 7.2 Either Party may terminate or cancel a Contract with cause with Immediate effect by giving the other Party notice In the following circumstances: (a) the other Parry Is In material breach (includes the , City's breach of any of its payment obligations) of Its obligations under the Contract and either the breach cannot be corrected (includes the City's breach of any of Its payment obligations) or the Party in breach falls to correct It within 10 Business Days after receipt of a written notice from the other Party asking for the breach to be corrected; (b) a voluntary or Involuntary bankruptcy petition is filed by or against the otFe Party (i�u i�petition for reorganization, extension of payment, composition or adjustment of liabilities) and is not dismissed within 15 Business Days; (c) a receiver is appointed In respect of the other Party; or (d) the other Party makes an assignment for the benefit of its creditors. Notwithstanding anything to the contrary under these Terms or any other Contract, should VPS terminate or cancel any Contract, such termination or cancellation will discharge all existing obligations of VPS under such contract but shall In no way discharge any ofVPS's rights and remedies under any Contract or otherwise available to it at law or In equity. 7.3 Where the City sells/disposes of its Interest In a Site, such sale/disposition shall not terminate the relevant Contract which shall remain In full force and effect until terminated under section 7.1 or 7.2. 7.4 If the City falls to observe or perform any of the Terms in this Contract, VPS may exercise anyone or more of the following remedies: (a) terminate this agreement and take possession of and remove the Equipment from wherever located; (b) to declare the entire rent hereunder immediately due and payable and pursue all legal remedies In connection with the payment thereof; and/or (c) pursue any other remedies legally available to VPS. VPS and its agents will not be liable for any claims for damage or trespass arising out of tate removal of the Equipment. 8. EFFECTS OF EXIRATION/TERMINATION 25H-11 8.1 Expiration (at the end of the agreed Service Period) or termination of a Contract shall not affect any rights/remedies or Claims which have already accrued, shall not affect any other Contract, shall not entitle the City to a refund of the Initial Fee and shall not affect any rights/obligations which expressly or by Implication are intended to survive expiration/ termination. 8.2 The obligation to provide the Equipment/Services shall cease with effect from expiration / termination of any Contract related thereto and VPS shall take all reasonable steps to remove/recover such Equipment. 9. FINANCING STATEMENTS 9.1 UPS Is hereby authorized to file financing statements in accordance with the Uniform Commercial Code as adopted in any applicable jurisdiction from time to time. By Its signature hereto, the City hereby authorizes VPS to file one or more financing continuation or amendment statements, in connection with any financing statement described in the foregoing sentence and pursuant to the Uniform Commercial Code, in form and substance satisfactory to VPS. All charges, expenses and fees VPS may incur in doing any of the foregoing, and any local taxes relating thereto, shall be charged to the City as additional Charges and shall become Immediately due and payable and shall be paid immediately to VPS but in no Instance later than 30 days of VPS Incurring such charges, expenses or fees. 10. LIMITATION OF LIABILITY 10.1. THE CITY ACCEPTS FULL AND COMPLETE RESPONSIBILITY FOR ALL INJURIES TO PERSONS AND PROPERTY ARISING OUT OF OR IN ANYWAY RELATING TO THE EQUIPMENT FROM THE TIME THE CITY TAKES POSSESSION THEREOF UNTIL THE EQUIPMENT IS RETURNED TO AND ACCEPTED BY VPS, EXCEPT TO THE EXTENTTHAT SUCH INJURIES RESULT FROM THE ACTIVE NEGLIGENCE, RECKLESSNESS, OR WILFUL MISCONDUCT OF VPS. 10.2 THE CITY ALSO AGREES TO INDEMNIFY AND SAVE VP5 AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, PROCEEDINGS, COSTS, EXPENSES, DAMAGES AND LIABILITY OF ANY AND EVERY NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS' FEES) (COLLECTIVELY, "LOSSES") ARISING DIRECTLY OR INDIRECTLY FROM OR IN ANY WAY RELATING TO; (A) THE EQUIPMENT FROM THE TIME THE CITY TAKES POSSESSION THEREOF UNTIL THE EQUIPMENT IS RETURNED TO AND ACCEPTED BY VPS; (B) THE CITY'S FAILURETO COMPLY WITH ANY OF ITS OBLIGATIONS UNDER THIS CONTRACT INCLUDING THOSE TRAINING AND OTHER OBLIGATIONS STATED IN PARAGRAPHS 2 AND 3 OF THIS CONTRACT, OR (C) THE CITY'S NONCOMPLIANCE WITH ANY LAW, REGULATION OR SAFETY ORDER, EXCEPT, IN EACH SUCH CASE, TO THE EXTENTTHAT SUCH LOSSES RESULT FROM THE NEGLIGENCE, RECKLESSNESS, OR WRONGFUL PERFORMANCE OR CONDUCT OF VPS. 10.3 IN ADDITION, THE CRY SHALL, AT ITS OWN COST AND EXPENSE, DEFEND VPS AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AGAINST ALL SUITS OR PROCEEDINGS COMMENCED BY ANYONE IN WHICH ANY OF SUCH PERSONS OR ENTITIES IS A NAMED PARTY TO THE EXTENT SUCH SUITS OR PROCEEDINGS RELATE TO MATTERS REGARDING WHICH SUCH 25H-12 PERSONS OR ENTITIES WOULD BE ENTITLED TO INDEMNIFICATION HEREUNDER. THE CITY SHALL BE LIABLE AND RESPONSIBLE FOR ALL COSTS, EXPENSES, AND ATTORNEYS' FEES INCURRED IN SUCH DEFENSE AND/OR SETTLEMENT, JUDGMENT, OR OTHER RESOLUTION. VPS OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES, AS THE CASE MAYBE, MAY ELECT TO DEFEND ANY SUCH ACTION ON ITS OR THEIR OWN BEHALF, AND THE CITY AGREES THAT IT SHALL BE LIABLE FOR ALL COSTS, EXPENSES, AND ATTORNEYS' FEES INCURRED BY SUCH PERSON OR ENTITY IN SUCH DEFENSE. THE INDEMNITIES AND ASSUMPTIONS OF RISI(, LIABILITIES, AND OBLIGATIONS BY THE CITY ARISING UNDER THIS CONTRACT SHALL CONTINUE IN EFFECT AFTER THE RETURN OF THE EQUIPMENT TO VPS AND THE PAYMENT OF THE FULL RENTAL PRICE. 10.4 THE PROVISIONS OF THIS SECTION 10 SHALL APPLY TO AND BENEFIT VPS AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECr). SO.S The parties agree to and shall Indemnify and hold harmless the non -offending party, Its officers, agents, employees, and representatives from liability for personal Injury, damages, restitution, judicial or equitable relief to the extent caused by the offending party's (or any contractors, subcontractors, agents, or persons acting on their behalf) recklessness, negligence orwrongful performance or conduct related to this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to In this Section or by reason of the terms of, or effects, arising from this Agreement. The offending party further agrees with respect to liability cause by them (or any contractors, subcontractors, agents, or persons acting on their behalf), to indemnify, hold harmless, and pay all costs for the defense of the non -offending party, Including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting -that personal Injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. The non -offending party may make all reasonable decisions with respect to Its representation In any legal proceeding. 11. NOTICES 11.1 Notices may be delivered by hand, overnight courier, email or facsimile to the intended Party at Its address set out in the Order Form or as modified by proper notice. 12. MISCELLANEOUS 12.1 Words In the singular Includes the plural and vice versa. References to gender include all genders; persons Include natural persons and entities; statutes Include re-enactments, replacements and modifications; sections are to the sections of these Terms. Headings are for convenience only and do not affect Interpretation 12.2 Third Parties: the Parties are the only parties to a Contract and (unless expressly stated/permitted under these Terms) they do not Intend to create any incidental third party rights/beneficiaries or give any person who is not a Party any right to enforce a Contract. 25H-13 12.3 Assignment: the City may not assign a Contract without prior written consent from VPS. VPS does have the right to assign this Contract or to subcontract any of its obligations under this Contract without the City's approval and without notice to the City. 12.4 Information: data supplied by the City and its Affiliates will be stored by VPS and may be stored/backed-up out of state. Each Party shall, unless otherwise required by law, only use/disclose the other Party's Confidential Information for reasonable and proper purposes In connection with the relevant Contract. 12.5 Force Majeure: save in respect of payment obligations, a Party shall not be under any liability for failure to perform or delay in performing any obligation under a Contract to the extent to which performance is prevented, frustrated or delayed as a direct result of any cause beyond that Party's reasonable control. 12.6 Waiver: delay In exercising or partial/total failure to exercise any right/remedy shall not operate as a waiver of that right/remedy or any subsequent breach. 12.7 Illegality: If any provision of a Contract is held to be illegal, Invalid or unenforceable then it shall cease to form part of that Contract and shall not affect the remainder of the Contract which shall remain In full force and effect. 12.8 Variation: unless otherwise stated in these Terms, these Terms and each Contract may only be varied in writing signed by, or with actual authority of the Parties and, in the case of VPS, only its officers have such authority. 12.9 Counterparts: each Contract may be executed in several counterparts (including by facsimile or other electronic transmission), each of which shall be deemed an original and all of which shall together constitute one and the same instrument. 12.10 Jurisdiction: each Contract shall be governed by and construed in accordance with the laws of the State of California. Any action commenced by any party to enforce the terms of this Agreement shall be brought in the courts of Orange County, State of California. 12.11 Legal Action/Entire Agreement: in the event that legal action Is brought to enforce or construe any term of a Contract, the prevailing party will be entitled to recover, in addition to any other damages or award, all legal costs and fees associated with the action. If any conflict arises among these Terms and any Order Form or other related Contract, these Terms shall govern unless expressly noted in the applicable Order or other related Contract. These Terms, including any Order Form or related Contracts executed hereunder, constitutes the entire agreement between the Parties with respect to the subject matter thereof and supersedes all proposals, oral or written, all previous negotiations, and all previous communications between the Parties with respect hereto. 12.12 Insurance: Prior to undertaking performance of work under this Agreement, VPS shall maintain and shall require its subcontractors, if any, to obtain and maintain Insurance as described below: 25H-14 a. Commercial General Liability Insurance: VPS shall maintain commercial general liability Insurance naming the City, its officers, employees, agents, volunteers and representatives as additional Insured(s) and shall Include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of VPS' operations In the performance of this Agreement, Including, without Ilm@ation, 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, with $2,000,000 In the aggregate. Consultant shall supply City with a fully executed additional Insured endorsement. b. Worker's Compensation Insurance: In accordance with the provisions of Section 3700 of the CA Labor Code, VPS Is required to be insured against liability for worker's compensation or to undertake self-insurance. Priortocommencing the perfonnahceofthe work under this Agreement, VPS agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. If VPS falls or refuses to produce or maintain the Insurance required by this section orfalls 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 tine City s election, to forthwith terminate this Agreement. Such termination shall not affect VPS' right to be paid for Its time and materials expended prior to notification of termination. The undersigned has read, understood and accepted these Master Terms & Conditions and has tine authority to commit on behalf of: IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Signatures to follow on the next page: 25H-15 ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Kyle Nsen Assista City Attorney RECOMMENDED FOR APPROVAL: CANDIDA NEAL Interim Executive Director Planning and Building Agency CITY OF SANTA ANA Raul Godinez II City Manager VACANT PROPERTY SECURITY LLC: By: Ttitle: Tax ID# 25H-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 5, 2017 TITLE: AMENDMENT TO THE AGREEMENT WITH ARAMARK CORRECTIONAL SERVICES INC. FOR INMATE FOOD SERVICES AND COMMISSARY (STRATEGIC PLAN GOAL NO. 1, 3A) ILI RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s'Reading ❑ Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a three-year agreement amendment with Aramark Correctional Services, Inc. for the provision of inmate food and commissary services for the period of February 1, 2017, through January 30, 2020, in the amount of $2,945,696. This amount includes the original agreement total of $1,460,016, projected future invoices, as well as a 5% contingency, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On October 6, 2016 the Police Department issued a request for proposals, (RFP #16-128) for contracted food service and inmate commissary. On that date, the Jail's average daily population (ADP) was 323. The City Council awarded the agreement to Aramark on April 18, 2017. However, on June 12, 2017, Aramark approached the Police Department and expressed serious concerns over their ability to continue to operate with the unanticipated drop in the Jail's inmate population. The ADP at the time of the meeting was 175. This is a 46% drop in the Jail's population since the start of the Food Service RFP process. Aramark has proposed a more sustainable price per meal cost that would enable them to remain the Jail's food service provider. Under the current agreement, the per meal cost is $2.88 for an ADP of 100-199 and $2.39 for an ADP of 200-299. Aramark is requesting a per meal cost increase to $3.84 for population between 100-199 and $3.69 for population between 200-299. Aramark is not requesting a cost increase for ADP's of 300 and above. Before considering Aramark's proposed cost increase, staff met with the City Attorney's Office and Purchasing, and reviewed the RFP evaluation results. The only other vender that submitted a proposal is still 123% higher than the new proposed prices submitted by Aramark (second highest rated vendor proposed $8.224 per meal for an ADP of 200). 251-1 Agreement Amendment with Aramark December 5, 2017 Page 2 In addition, this proposed agreement amendment adds the needed spending capacity to pay for the increase in US Marshal inmates approved at the August 1, 2017 Council meeting. The original Aramark agreement covered an ADP of 122. This agreement amendment proposes to adjust to the new ADP of 340 in anticipation of the US Marshal inmate population increase. This new amended total agreement amount of $2,945,696 is $1,485,680 more than the original three- year agreement amount of $1,460,016. This increase is primarily a result of the 178% projected increase to the Jail's ADP (122 increase to 340). This additional cost was anticipated and is covered by the additional US Marshal funding allocated to the Jail Operations budget at the August 1, 2017 Council meeting. Under this agreement Aramark also provides commissary services. Commissary services enable those in custody to purchase a variety of hygiene and food items. Aramark is also available to provide food for City meetings and events. This agreement may be terminated without cause by either party upon ninety (90) days written notice. STRATEGIC PLAN ALIGNMENT Approval of this item allows for the City to meet Goal #1 - Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and service efficiently and effectively). FISCAL IMPACT At their April 18, 2017 meeting, the City Council approved the original $1,460,016 three-year agreement with Aramark. This amendment will add $1,485,680 to the agreement, for a new not to exceed amount of $2,945,696. Expenses related to the 2016-17 fiscal year total $263,927. Funds for the remaining contract years will be available in the Police Department's Jail Operations contract services account (no. 01114475 62300) and various departmental Operating Materials & Supplies account (account 63001 for catering services), for the following fiscal years: FY 2017-18 1,022,795 FY 2018-19 1,042,251 FY 2019-20 616,723 A David Va niin c in Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: mom% Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: 1. First Amendment to Agreement with Aramark 251-2 Exhibit 1 FIRST AMENDMENT TO AGREEMENT WITH ARAMARK FOR INMATE COMMISSARY AND FOOD SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on November 21, 2017, by and between ARAMARK Correctional Services, LLC, a Delaware Limited Liability Company ("ARAMARK), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into an Agreement dated February 1, 2017 ("Agreement"), by which ARAMARK agreed to provide inmate commissary and food services at the Santa Ana Detention Facility. The Agreement was approved by the City Council on April 18, 2017. B. Although the Agreement was not approved by the Council until April 18, 2017, ARAMARK has continuously provided services to the City since February 1, 2017, based on the terms of the original Agreement. C. On June 12, 2017, the City met with Aramark to discuss the possibility the City would be transitioning the jail from a Type II Housing Facility to a Temporary Holding Facility by January 1, 2018. This change would have a significant impact to the Aramark agreement since a food service vendor would not be required for a temporary holding facility. Aramark — informed the City that they were operating at a loss due to the unexpected significant drop in the inmate population but agreed to remain in partnership with the City until the transition to a Holding Facility was completed. Aramark submitted an adjustment to the per meal cost to assist with Aramark's operating deficit. Negotiations with Aramark commenced between the parties regarding the cost per meal based upon the expected population rates during the term of the Agreement. D. The parties now seek to amend the Agreement to include additional funding to support the negotiated rates and allow continuation of food services at the Santa Ana Detention Facility, The Parties therefore agree: 1. Services for the Agreement began on February 1, 2017 and have remained uninterrupted. All costs for services rendered during the period of February 1, 2017 through June 30, 2017, were paid by City per the rates provided in the original Agreement. (Exhibit B to the original Agreement.) The parties agree that services rendered beginning on July 1, 2017, through the remainder of the term of the Agreement shall reflect the compensation amount and rates set forth in Exhibit B-1 to the First Amendment, attached herein. ARAMARK will submit a supplemental invoice for costs incurred, and any amounts paid by City, between July 1, 2017, and November 21, 2017, which shall reflect the new rates per Exhibit B-1. Any further invoices incurred during the term of this Agreement are subject to the terms set forth in this First Amendment. Page 1 of 3 251-3 3. Section 2, Compensation —A. Food Service, is amended to read as follow: a. CITY agrees to pay, and ARAMARK agrees to accept as total payment for its services for the total three year period a stun not to exceed $2,945,696, which includes a 5% contingency to be used at the CITY's sole discretion. The rates and charges are set forth in the Attached Exhibit B-1 to the First Amendment. b. Section 2.A.b. of the original Agreement is removed in its entirety. c. Section 2.A.c. of the original Agreement is removed in its entirety. d. ARAMARK shall submit to the CITY on the first day of every week, for the preceding week, an invoice for inmate meals ordered or served whichever is greater, and Fresh Favorites meals ordered by inmates. The statements will reflect the preceding week's food services detailing the exact number of meals served on a daily basis as follows: 1. Actual number of adult inmate meals 2. Meals provided through the "Fresh Favorites" program 3. Any additional food or beverage services, as required 4. Staff Caf6 sales report. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing meals ordered/served, subject to City accounting procedures. Payment shall be sent to:. ARAMARK Correctional Services, LLC. P.O. Box 406019 Atlanta, Georgia 30384-6019 4. Except as modified by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. [signature page to follow] Page 2 of 3 251-4 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City orney By: TA ARA OG IAN Assistant City Attorney RECOMMENDED FOR APPROVAL DAVID VALENTIN Acting Chief of Police CITY OF SANTA ANA RAUL GODINEZ II City Manager F.11 a_t7�j01" Name: Title: Page 3 of 3 251-5 REQUEST FOR PROPOSALS (RFP) FOR CONTRACTED FOOD SERVICES COST SUMMARY Inmate Meals Expense With no Inmate labor Cost Per Cost Per Meal (ADP Meal ADP more than 400) 300-399) Cost Per Meal (ADP 200. 299) Cost Per Meal (ADP 100. 199) Cost Per Meal (ADP I. 99) Year 1(Feb 1 -lune 30) 2.260 $2.390 2.880 2.880 2.880 Year 1(July 1 -Jan 30) 2.260 $2.390 3.690 3.840 3.990 Year 2.319 $2.449 3.782 3.936 4.090 Year 2.3801 $2.5101 3.8771 4.0341 4.192 Scale above is with no Inmate labor. Costs for 300-393and_4AO+did to 251-6 Exhibit 8-1: First Amendment Aram ark Food Service Agreement REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: AGREEMENT WITH BUREAU OF PRISONS TO PROVIDE HOUSING FOR FEDERAL PAROLEES AND INMATES (STRATEGIC PLAN NO. 1, 4A) 1 MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a three year agreement with the Bureau of Prisons, for jail housing services for the period of November 21, 2017 through November 20, 2020, subject to non -substantive changes approved by the City Manager and City Attorney. The City entered into an agreement with the US Marshal Service in 2014 to house US Marshal inmates. The US Marshal Service and Bureau of Prisons are both agencies of the federal government and have similar needs for inmate housing. The Bureau of Prisons has been using the Santa Ana Jail to house inmates since October 2015 under an addendum to the US Marshal (USM) agreement. The Bureau of Prisons continues to request the same terms and conditions, with some exceptions. The Bureau of Prisons (BOP) agreement will also compensate the City $105 per day per inmate and requires the City to provide basic inmate services which include medical, educational and transportation services. However, BOP has requested that certain terms be revised to meet their operational needs including, but not limited to the following: 1. Transportation services be added to include Medical Facilities and Residential Reentry Programs locations. 2. In the event that a BOP inmate is hospitalized, the City will make regular telephone calls to the hospital to verify the inmate remains hospitalized and the City will receive a rate of Y2 per diem per day. 3. Language in the USM agreement, "The Local Government shall use all reasonable means to apprehend the escaped Federal detainee and all reasonable costs in connection therewith shall be borne by the Local Government." shall be replaced with, "The Local 25K-1 Agreement with Bureau of Prisons December 5, 2017 Page 2 Government is to take no action to apprehend an escaped Federal Bureau of Prisons inmate or detainee, but shall notify the Residential Reentry Manager." The Bureau of Prisons provides an average daily population (APD) of approximately 17 inmates per day. This ADP generates approximately $651,525 annually in revenue for the City. No additional revenue will be generated from this agreement since the revenue was already projected in the Jail Operations budget at the August 1, 2017 Council meeting. The agreement term will be for the period of November 21, 2017 through November 20, 2020 and can be terminated by either party for any reason with the written notice of 30 calendar days in advance of termination. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 Community Safety, Objective #4 (ensure a sound fiscal model for jail operations), Strategy A (modify the Santa Ana Jail business model and identify short and long-term goals to effectively meet the needs of the community through contract negotiations with outside agencies, evaluation of staffing needs and increasing operational efficiency). FICAL IMPACT Revenue from this agreement will continue to be deposited in the Jail Facility Rental account (no. 01114002 57460). No additional revenue will be generated from this agreement since the revenue was already projected in the Jail Operations budget at the August 1, 2017 Council meeting. dhf entin Acting Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency Exhibit: 1. Agreement with Bureau of Prisons 25K-2 AGREEMENT WITH THE FEDERAL BUREAU OF PRISONS TO HOUSE BUREAU OF PRISONS INMATES AT THE SANTA ANA JAIL THIS AGREEMENT is entered into on November 21, 2017, by and between the Bureau of Prisons, an agency of the United States of America ("BOP") 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. WHEREAS, the City and the United States Marshals entered into a Detention Services Intergovernmental Agreement ("IGA"), Agreement #12-94-0006 (City Agreement #A- 2014-114) wherein the City agrees to house United States Marshals prisoners and inmates pursuant to the terms set forth in the Agreement. This was an arm's length transaction duly negotiated between the two parties resulting in an exchange of services for valuable consideration. B. WHEREAS, BOP and United States Marshals are both agencies of the federal government with similar requirements for contracting, BOP now desires to enter into an Agreement to house BOP inmates under the same terms and conditions (except as specifically noted) set forth in the United States Marshals IGA attached hereto as Exhibit "A" and incorporated herein by reference as though set forth herein in its entirety. WHEREFORE, in consideration of the covenants contained in the attached United States Marshals IGA, and subject to all the terms and conditions of said Agreement, except those amended or added below, the parties agree as follows: Section 13a. Optional Guard/Transportation Services is amended to delete the check mark in the box entitled "U.S. Courthouse" and to add check marks in the boxes entitled "Medical Facility" and "Other". Next to the box "Other", "Residential Reentry Programs" is added. 2. On Page 4 of the Agreement under the section entitled "Period of Performance and Termination" the following language is deleted "USMS Prisoner Operations official" and replaced with "authorized BOP official". In the same section, the following language is deleted "and remains in effect unless inactivated, in writing, by either party" and is replaced with "and is terminated on November 20, 2020." 25K-3 3. On pages 5-6 of the Agreement under the section entitled "Medical Services" a paragraph will be added at the end of the section which reads as follows: "In the event that a Bureau of Prisons innate is hospitalized, the City will make regular telephone calls to the hospital to determine if the inmate is at the hospital. `Regular' telephone calls will mean one telephone call during each time of day that a head count is made at the Santa Ana Jail. If the City is advised by the hospital hat the Bureau of Prisons inmate has left the hospital, the City will notify the Bureau of Prisons contact immediately. While a Bureau of Prisons inmate is hospitalized, City will receive a rate of 1/z per diem per day." 4. On page 8 of the Agreement under the section entitled "Optional Guard/Transportation Services to U.S. Courthouse" all references to_`.`U.S. Courthouse". are deleted and- -.-.- -- replaced replaced with "Residential Reentry Centers." In addition, a paragraph is added to this section which reads as follows: "The window for each transport from local Residential Reentry Programs will be no later than 96 hours after City receives notice from the BOP or their designee of the need for transport." 5. On page 9 of the Agreement under the section entitled "Special Notifications" the following language is deleted "The Local Government shall use all reasonable means to apprehend the escaped Federal detainee and all reasonable costs in connection therewith shall be borne by the Local Government" and replaced with "The Local Government is to take no action to apprehend an escaped Federal Bureau of Prisons inmate or detainee, but shall notify the Residential Reentry Manager." 6. On page 11 of the Agreement under the section entitled "Billing and Financial Services" the United States Marshals Service address and telephone number are deleted and replaced with: Dave Taylor Residential Reentry Manager Bureau of Prisons Central and Southern Districts P.O. Box 323 San Pedro, CA 90733 Phone: (310) 732-5178 Fax: (310) 732-5291 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. 25K-4 All Exhibits references herein and attached hereto shall be incorporated fully as set forth in the body of this agreement. 9. Except as herein above amended, all terms and conditions of said United States Marshals IGA shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B- Tma :Tama a ogosian Ln75V Assistant City Attorney David Valentin Acting Chief of Police CITY OF SANTA ANA RAUL GODINEZ II City Manager BUREAU OF PRISONS 25K-5 Title 25K-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: APPROVE A LEASE AGREEMENT WITH RIO WEST LLC FOR WESTEND SUBSTATION OFFICE {STRATEGIC PLAN NO. 1, 1F} it RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ 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 a month-to-month lease agreement with Rio West, LLC for the use of the Westend Substation, for the period of November 1, 2017 through October 31, 2018, in the amount of $2,546 per month, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department has operated the Westend Substation located at the comer of Harbor and McFadden for over 17 years. Because the substation location was mutually beneficial to both the property owner and the Police Department, the Police Department entered into a recurring no cost lease with the owner that has equated to a monetary savings to the City of well over $400,000. This location has become a community engagement center and is well known to area residents. In 2015, the property owner notified the Police Department that based on changing economic conditions, a no cost lease was no longer available. In November 2015, the Police Department entered into a one-year paid lease agreement and in November 2016, the Police Department renewed the lease for an additional one year. ` As the location has been in use for many years, an expansive infrastructure has already been established and an examination of relocation costs found it to be cost prohibitive to move the substation this year. This proposed one-year lease agreement allows the Police Department to continue its "Community Oriented Policing" mission at the existing location with no interruption in services for up to an additional 12 months. The lease agreement will cover the period of November 1, 2017 through October 31, 2018 at a cost of $2,546 per month. This month-to- month lease agreement will extend the use of the established location while the Police Department continues to seek an alternative no cost lease agreement location for the substation. 25L-1 Agreement with Rio West LLC December 5, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic / pedestrian / bicycle safety), Strategy F (Enhance the Police Department's community policing philosophy to balance both traditional policing and problem solving strategies to address and reduce violent, property and gang related crimes.) FISCAL IMPACT Funds for this agreement are available in the Police Department's FY 2017-18 Field Operations contract services account (no. 01114420-62300) for the following fiscal years: FY 2017-18 8 Mo. $20,368 FY 2018-19 4 mo. $10,184 $30,552 a entin Acting Chief of Police Santa Ana Police Department Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25L-2 SHOPPING CENTER LEASE - GROSS 1. Basic Provisions ("Basic Provisions"). Exhibit 1 1.1 Parties: This Shopping Center Lease ("Lease"), dated for reference purposes October 20, 2017 , is made by and between Rio Vista West, LLC, a California Limited Liability Company ("Lessor") and The Santa Ana Police Department, a division of the City of Santa Ana, a municipal corporation ("Lessee") (collectively the "Parties", or individually a "Party"). 1.2 Premises: That certain portion of the Shopping Center (as defined below), including all improvements therein or to be provided by Lessor under the terms of this Lease, commonly known by the street address of 3750 W. McFadden Avenue, Suite I, located in the City of Santa Ana, County of Orange, State of California, with zip code 92704, as outlined on Exhibit A attached hereto ("Premises"), deemed to be approximately 989 rentable square feet of floor area. In addition to Lessee's rights to use and occupy the Premises as hereinafter specified, Lessee shall have non-exclusive rights to use the Common Areas (as defined in Paragraph 2.7 below) as hereinafter specified, but shall not have any rights to the roof, exterior walls or utility raceways of the building containing the Premises ("Building") or to any other buildings in the Shopping Center. The Premises and the Building are situated within the Shopping Center known as Riverview West Marketplace. The Premises, the Building, the Common Areas and all other buildings and improvements within said Shopping Center, together with the land upon which they are located, are herein collectively referred to as the "Shopping Center." (See also Paragraph 2) 1.3 Term: Month to month ("Original Term"), commencing on November 1. 2017 ("Commencement Date") and ending October 31, 2018 ("Expiration Date"). (See also Paragraph 3) 1.4 Early Possession: if the WeFaises aFe available, Lessee may have non wielusive p8Ss@ssi0R Of th@ lifeflliSeS eemme^ ., wE.d_ Possession. Date") (See also Para i:aphs 3.2 and 3.3) 1.5 Base Rent: $2.546.00 per month ("Base Rent"), payable on the first day of each month commencing on November 1, 2016. (See also Paragraph 4 and Exhibit 1) There are provisions in this Lease for the Base Rent to be adjusted. See Exhibit "I". �.+aa.�rs� ne�r.�r��a �.ni�r.�.TT.t¢rra nra�.rrara �.m.�+u �srereirrr.�.iaa�:mam�:� sash 9theF Lessee's PFem_4qP..q shall be Axeluded fFern the densm-ingtoF when deteFutining Lessee's ShaFe faF sueh itefn(s)�; In ther w0ent that that size of the Pfemises andlef the Shopping GenteF afe aiedif4ed duFing the teffn ef this Lease, LesseF shall .., Merchants' n l gn Assoeiatian Dues"). Lessee shall pa5 T Ae..1,ants' Assgeiatign Addendum, ifan,, a „elied 6e1`0.. 1.9 Base Rent and Other Monies Paid Upon Execution: (a) Base Rent: $2,546.00.00 (b) Common Area Operating Expensesi (c) Security Deposit: $.00 ("Security Deposit"). (See also Paragraph 5) (d-Merehants' Assoeietien-Dues=$ feF the -per-ied (f) Total Due Upon Execution of this Lease: $2,546.00 1.10 Agreed Use: Police substation and for no other use without Lessor's prior written consent, which may be granted or withheld at Lessor's sole discretion and subject to the use restrictions attached Exhibit "H". (See also Paragraph 6) 1.11 Agreed Trade Name: Santa Ana Police Substation. (See also Paragraph 6) 1.12 Insuring Party. Lessor is the "Insuring Party". (See also Paragraph 8) 1.13 Real Estate Brokers: (See also Paragraph 15 and 25) (a) Representation: The following real estate broker (the "Broker") and brokerage relationships exist in this transaction (check applicable boxes): x Williams Real Estate Management, Inc. represents Lessor. 25L-3 (b) Payment to Brokers: Upon execution and delivery of this Lease by both Parties, Lessor shall pay to the Broker for the brokerage services rendered by the Broker the fee agreed to in the attashed-separate written agreement ef if no ^ueh aagfeement4; -fl—hud .t, .-.._.,.F -- n/-ra_._._I +i___ o__. _____ r_ r. r. n .. .... .. the Premises subsequent to the i i r T a....ee ..«Ae.. a6:« T o�..e ..tee ........,«♦ve.l 6.. /nr.....».... a..»rr\ 1.15 Attachments. Attached hereto are the following, all of which constitute a part of this Lease: N/A an addendum _2La site plan marked Exhibit A, depicting the Premises and Shopping Center; X a current set of the Sign Criteria for the Shopping Center marked Exhibit `B"; NA a work letter marked Exhibit "C"; NA a Guaranty of Lease marked Exhibit "D" X a Lessee Memorandum of Lease Term Commencement marked Exhibit "E" X an Estoppel Certificate marked Exhibit "F" X a current set of Rules and Regulations for the Shopping Center marked Exhibit "G"; X other (specify): a list of Exclusive Uses. marked Exhibit "Fr', 2. Premises. 2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms, covenants and conditions set forth in this Lease. While the approximate square footage of the Premises may have been used in the marketing of the Premises for purposes of comparison, the Base Rent stated herein is NOT tied to square footage and is not subject to adjustment should the actual size be determined to be different. 2.2 Condition. Lessor shall deliver the Premises to Lessee in their "as -is, where -is, with all faults and defects condition. Date"), and, so long as the Fequir@d serNice eentraos deseF'bed in 12aFagFaph 7. 1 (b) belew aF@ obtained by Lessee and in ef&et within 90 days fellewing the StaFt Date, waffants that the existing eleetfieal, plumbing, fiFe sprinkler, lighting, heating, N eanditioning systems ("M7AC"), leading dews, if afty, and all ethef sueh elements in the Pfemises, athef than thElse e0fiStFlieted-by Lessee, shall be in 0 , sandition an said date and that the stfuetufal elements of the Feef-, beaFing walls aflFl fieundAtien Rf the preffliws Shp]', hp, f+pe Rf matAfial dp'leetq. Tf a. Ron eempliano@ with stieh m-aFfanty exists as of the Star4 Da�e, oF if one of sueh systems r .......!......a ff! ....KIM..:: • r r ... - _•. .. - .. .. ..._ .. MIN 1 Premises by Inessee as compaFed with uses by Lessees in g@aeFal, Lessee shall be flilly Fesponsiblo fef the PRst thereof. 25L-4 (6) NetvAthstanding the abe..e .6e pFffisieas eaneeming Capital ExpendittiFesafe _ Mended . apply e.4y to nan %,glumaFy, unexpeeted, and new Applisable Requirements. ifthe Capital Expenditures aFe instead triggeredby Less@@ as aresult af An b o in tise, ehang@ in intensity of tis@, of medif4eatien to the PF@Fnises then, and in that @;,@at, Lessee shallFequifeEnent for such Gapita4 Expenditure, of (ii) eemplete stieh Capital Expendittue at its awn expease. Lessee shall Fiet have an), right to teEminate this Lease. 2.4 b agents,empnts. Lessee aeknowledges that (a) it has been given an app@FtuRity te inspeat and Faeastu�o thePfemises, (b) it has been adNised by LesseF arutloF BFekefs to satisfy itself with Fespeat to the size and PsnditiAn ef the Pfermses Applieable ReqUiFemonts and the Amefioans with Disabilities Aet), and thek suitability feF Lessee's intanded use, (e) Lessee has made 2.5 Lessee as Prior Owner/Occupant. The warranties made by Lessor in Paragraph 2 shall be of no force or effect if immediately prior to the Start Date Lessee was the owner or occupant of the Premises. In such event, Lessee shall be responsible for any necessary corrective work. 2.6 Vehicle Parking. Lessee shall not use and shall not permit its employees to use any parking spaces in the Shopping Center except for parking by vehicles that are no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Lessee shall permit its employees to only occupy those parking spaces, if any, as depicted as employee parking spaces on the Shopping Center site plan. Lessor may regulate the loading and unloading of vehicles by adopting Rules and Regulations as provided in Paragraph 2.9. No vehicles other than Permitted Size Vehicles may be parked in the Common Area without the prior written permission of Lessor. In addition: (a) Lessee shall not permit or allow any vehicles that belong to or are controlled by Lessee or Lessee's employees, suppliers, shippers, contractors or invitees to be loaded, unloaded, or parked in areas other than those designated by Lessor for such activities; (b) Lessee shall not service or store any vehicles in the Common Areas; and (c) if Lessee permits or allows any of the prohibited activities described in this Paragraph 2.6, then Lessor shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor. 2.7 Common Areas - Definition. The term "Common Areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Shopping Center and interior utility raceways and installations within the Premises that are provided and designated by the Lessor from time to time for the general non-exclusive use of Lessor, Lessee and other Lessees of the Shopping Center and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, roadways, walkways, driveways and landscaped areas. 2.8 Common Areas - Lessee's Rights. Lessor grants to Lessee, for the benefit of Lessee and its employees, suppliers, shippers, contractors, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Lessor under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Shopping Center. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas, nor to display merchandise or conduct sales in the Common Areas. Any such storage, display or sales shall be permitted only by the prior written consent of Lessor or Lessor's designated agent, as exercised in Lessor's sole discretion, which consent may be revoked at any time. In the event that any unauthorized storage or displays shall occur then Lessor shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor. 2.9 Common Areas - Rules and Regulations. Lessor or such other person(s) as Lessor may appoint shall have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations ("Rules and Regulations") for the management, safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well as for the convenience of other occupants or Lessees of the Building and the Shopping Center and their invitees. Lessee agrees to abide by and conform to all such Rules and Regulations, and shall use its best efforts to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform. Lessor shall not be responsible to Lessee for the non-compliance with said Rules and Regulations by other Lessees of the Shopping Center. 2.10 Common Areas - Changes. Lessor shall have the right, in Lessor's sole discretion, from time to time: 25L-5 (a) To make changes or additions to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, elevations, landscaped areas, signage, walkways and utility raceways; (b) To use and close temporarily any of the Common Areas for the purpose of maintaining, repairing and altering the Shopping Center, so long as reasonable access to the Premises remains available, and to close temporarily any of the Common Areas to whatever extent is required in the opinion of Lessor's counsel to prevent a dedication of or the accrual of any rights of any persons or of the public to any of the Common Areas; (c) To designate other land outside the boundaries of the Shopping Center to be a part of the Common Areas or to be entitled to use the Common Areas on a reciprocal basis; (d) To add additional buildings and improvements to the Common Areas; and (e) To do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Shopping Center as Lessor may, in the exercise of sound business judgment, deem to be appropriate. 2.11 Common Areas - Promotional Events; Sidewalk Sales. Lessor reserves the right, from time to time, in Lessor's sole discretion, to utilize portions of the Common Areas for promotional events, which may include, but shall not be limited to, entertainment. Lessor further reserves the right, in Lessor's sole discretion, to permit any one or more Lessees of the Shopping Center to conduct the display and/or sale of merchandise from the sidewalks immediately adjacent to such Lessees' respective premises. 2.12 Common Areas - Remodeling. At any time during the Term, Lessor may remodel or expand, in any manner, the existing Shopping Center, which work may include, without limitation, the addition of shops and/or new buildings to the Shopping Center (collectively, "Remodeled Center"). If Lessor deems it necessary for construction personnel to enter the Premises in order to construct the Remodeled Center, Lessor shall give Lessee no less than 30 days prior notice and Lessee shall allow such entry. Lessor shall use reasonable efforts to complete any work affecting the Premises in an efficient manner so as not to interfere unreasonably with Lessee's business. Lessee shall not be entitled to any damages for any inconvenience or any disruption to Lessee's business caused by such work; provided, however, the Base Rent paid by Lessee for the period of the inconvenience shall be abated in proportion to the degree that Lessee's use of the Premises is impaired as reasonably determined by Lessor. 3. Term 3.1 Term. The Commencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph 1.3. 3.2 Early Possession. A4iy pfovisieft heFein granting Lessee Eafly Veswggien Rf ths P;Rfnises is stk�eet to and eenditioned upan the Pfemises being available fOF SUGh POSSeSSi8ft Pf:i8F tO the Commeneenaeat Date. Any grant Of EaFly P6SWSS6 On only Gonvoys a nan exclusive right to escupy the Pfemises6 if an Ear!), Passessiefl Date has been speeified in PafagFaph 1.4, the Pai4ies intend that Lessee shall have Apeegg tA the 12FREnigpq Aq Pf tl�o EaAyPessessien Date fbF puFposes of b and fimwizingthe Pfemises for the eenduo of Lessee's business. if I=@ I 1 11 PatO fOF any F@asea (and feF ImFpeses heFe4, "eeeupaney" shall inelude, without lifnita6an, Lessee's eatFy onto the Pfemises f9F b sueh peFied, meept that Lessee's obligation te pay Lessee's Shafe 8 Cernmen AFea OpeFating Expenses, Real Neperty Taxes and insuFanea pFerniums shall epily be in effest pfief to the CoMmAnneffi.ent Date if Lessee has apenpd feF huqin.eqq in the Promises pFieF to the CammoneemAnt Date. -AMy suGh gar4y Pessession shall not Affept [�xnamrv[rtr..3.3 Delay in Possession. Lessef agrees to use earffineFeially Feasonab's effeFts ts deliv@F possession ef the PfRmigeg toLessee by the Gemmeneement Pate. if-, despite said effaFts, lnessaF is unable to deliveF pessessien by sush date, Lessef shall not hsubjeet to an), liability theFefer-, neF skall sueh f�iltu:e affeGt the validity of this Lease oF Ghange the ExpiFatien Date. Lessee shall nety net delivered within 180 days afleF the GeFameneement -- _ L_... of and Less . wFitins > FRaGh Pd 6_t. 3.4 Lessee Compliance. Lessor shall not be required to tender possession of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from and after the Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. 4. Rent. 25L-6 4.1 Rent Defined. All monetary obligations of Lessee to Lessor under the terms of this Lease (except for the Security Deposit) are deemed to be rent ("Rent"). 4.2 Common Area Operating Expenses. Lessm shall pay to LessaF during the; teFfn heFeef-, in addition to the Base Rent and, if applieable, PefsevAage Rent, Lessee's Sham (as speGified in PaFagFaph 1.7) of all GeEamen Mea Operating Expeases, as hpwpinagpw defined, deFing eaeh salendaF yeaf of the tefai of this Lease, in aeeeFdarGe With the NIOWing PEOViSiORSE (a) "Common Area Operating- r .. Expenses" a defined, Lease,G_ . of this all_eesrs _.ed by J r FopaiF and FoplaGement of the Shopping Cent@F, b] but not limited4a, e fellswin systems and roof dFainago systenis; (bb) extefieF signs and any Lessee dkeetaFies; (Go) any fiFe deteetien aad* spFiPAEleF systems; (ee) all atheF aFeas and impFevernents that aFR WithiP th@ GXtGFiOF boundari@s Shopping of the Shopping _ Center but outside Af the PF@migpLq and /e. any oche_ spaee eeeupied by a Lessee (ii) The ..til., metered' eest efwateF, gas, eleetkit y and telephene to se...n..e the Gammon ANas and n..'.. l:litips net 'i) The eests of aft),a .. lalfit`)..., Past of tFagh. disposal pest eefitfal serviees, prapeAy management, .4ty seEvises, and the Nen Common AFeas. (.) Reel f d t,l _RWFORS SPt A...:de n_,......... T.._es (as defined in n.,_...._ap f _ equipment, 10). ,repaif and e`laegment a _ . ... _ .. .. _ Milli Mlv.� MIM _ . ... .• __ PP.%RWPIPJWITGTI Mwdra -- .. ._ .... .. 25L-7 4.3 Payment. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States, without offset or deduction (except as specifically permitted in this Lease), on or before the day on which it is due. In the event that any invoice prepared by Lessor is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the amount set forth in this Lease. Rent for any period during the term hereof which is for less than one full calendar month shall be prorated based upon the actual number of days of said month. Payment of Rent shall be made to Lessor at its address stated herein or to such other persons or place as Lessor may from time to time designate in writing. Acceptance of a payment which is less than the amount then due shall not be a waiver of Lessor's rights to the balance of such Rent, regardless of Lessor's endorsement of any check so stating. In the event that any check, draft, or other instrument of payment given by Lessee to Lessor is dishonored for any reason, Lessee agrees to pay to Lessor the sum of $25.00 in addition to any Late Charge and Lessor, at its option, may require all future Rent be paid by cashier's check. Payments will be applied first to accrued late charges and attorney's fees, second to accrued interest, then to Base Rent and Common Area Operating Expenses, and any remaining amount to any other outstanding charges or costs. 6. Use. 6.1 (a) Agreed Use; Agreed Trade Name. Lessee shall use and occupy the Premises only for the Agreed Use, and for no other use or purpose without Lessor's prior written consent, and Lessee shall operate at the Premises only under the Agreed Trade Name and under no other trade name without Lessor's prior written consent. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or a nuisance, or that disturbs occupants of or causes damage to neighboring premises or properties. Other than guide, signal and seeing -eye dogs, Lessee shall not keep or allow in the Premises any pets, animals, birds, fish, or reptiles. Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use, or to the Agreed Trade Name. If Lessor elects to withhold consent, Lessor shall within 14 days after such request give written notification of same, which notice shall include an explanation of Lessor's objections to the change in the Agreed Use and/or Agreed Trade Name. (b) Continuous Operation. Lessee shall continuously (i) operate and conduct the Agreed Use under the Agreed Trade Name within the entire Premises in a reputable manner and in conformity with industry standards of practice prevailing in the field of business engaged fiiem M9 a.fa. te 6M p.m., Satufday ffem 9:00 a.m. te 6Q0 p.m., and Sunday fiefa 10M a.m. to 6:00 p.fn. (c) Violations of Exclusive Use Rights. Lessee acknowledges that Lessor may grant, or may have previously granted, exclusive use rights to other Lessees of the Shopping Center and agrees that a material consideration to Lessor in entering into this Lease is Lessee's covenant to limit its use of the Premises to the Agreed Use under the Agreed Trade Name as set forth above. Lessee's violation of exclusive use rights granted to other Lessees of the Shopping Center will result in Lessor suffering irreparable harm and, therefore, in addition to all other rights and remedies available to Lessor, Lessor may seek to enjoin Lessee's breach of such covenant and Lessee shall be liable for any damages incurred or sustained by Lessor to such other Lessees whose exclusive use rights are breached by Lessee. In no event shall Lessor be liable to Lessee for any failure of any other Lessees of the Shopping Center to operate their businesses, or for any loss or damage that may be occasioned by or through the acts or omissions of other Lessees or third parties. (d) Other Tenancies. Lessor reserves the absolute right to establish procedures to control other tenancies in the Shopping Center. Regardless of whether any specific Lessees are shown on any site plan attached hereto, Lessee does not rely on that fact, nor does Lessor represent that any specific Lessee or number or type of Lessees shall or shall not during the Term occupy any portion of the Shopping Center, nor does Lessee rely on any other Lessee operating its business in the Shopping Center at any 25L-8 particular time or times. Further, no conduct by any Lessee, subLessee or other occupant of, or any customer of, or any supplier to or use of any portion of the Shopping Center shall constitute an eviction, constructive or otherwise, of Lessee from the Premises, and Lessee hereby waives any and all claims that it might otherwise have against Lessor by reason thereof. 6.2 Hazardous Substances. (a) Reportable Uses Require Consent. The term "Hazardous Substance" as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any governmental authority, or (iii) a basis for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Lessee shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Lessor and timely compliance (at Lessee's expense) with all Applicable Requirements. "Reportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit. (b) Duty to Inform Lessor. If Lessee knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Lessor, Lessee shall immediately give written notice of such fact to Lessor, and provide Lessor with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. (c) Lessee Remediation. Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, comply with all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party. (d) Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its agents, employees, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from areas outside of the Shopping Center not caused or contributed to by Lessee). Lessee's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement. (e) Lessor Indemnification. Except as otherwise provided in paragraph 8.7, Lessor and its successors and assigns shall indemnify, defend, reimburse and hold Lessee, its employees and lenders, harmless from and against any and all environmental damages, including the cost of remediation, which are suffered as a direct result of Hazardous Substances on the Premises prior to Lessee taking possession or which are caused by the gross negligence or willful misconduct of Lessor, its agents or employees. Lessor's obligations, as and when required by the Applicable Requirements, shall include, but not be limited to, the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. (f) Investigations and Remediation. Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to Lessee taking possession, unless such remediation measure is required as a result of Lessee's use of the Premises (including "Alterations", as defined in paragraph 7.3(a) below), in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities. 25L-9 (g) Lessor Termination Option. If a Hazardous Substance Condition (see Paragraph 9.1(e)) occurs during the term of this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds 12 times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee, within 30 days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's desire to terminate this Lease as of the date 60 days following the date of such notice. In the event Lessor elects to give a termination notice, Lessee may, within 10 days thereafter, give written notice to Lessor of Lessee's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to 12 times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within 30 days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's notice of termination. 6.3 Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease, Lessee shall, at Lessee's sole expense, fully, diligently and in a timely manner, comply with all Applicable Requirements, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor's engineers and/or consultants which relate in any manner to such Requirements, without regard to whether said Requirements are now in effect or become effective after the Start Date. Lessee shall, within 10 days after receipt of Lessor's written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee's compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. Likewise, Lessee shall immediately give written notice to Lessor of (i) any water damage to the Premises and any suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (ii) any mustiness or other odors that might indicate the presence of mold in the Premises. 6.4 Inspection; Compliance. Lessor and Lessor's "Lender" (as defined in Paragraph 29) and consultants shall have the right to enter into Premises at any time, in the case of an emergency, and otherwise at reasonable times after reasonable notice, for the purpose of inspecting the condition of the Premises and for verifying compliance by Lessee with this Lease. The cost of any such inspections shall be paid by Lessor, unless a violation of Applicable Requirements, or a Hazardous Substance Condition (see Paragraph 9.1) is found to exist or be imminent. In such case, Lessee shall upon request reimburse Lessor for the cost of such inspection, so long as such inspection is reasonably related to the violation or contamination. In addition, Lessee shall provide copies of all relevant material safety data sheets (MSDS) to Lessor within 10 days of the receipt of written request therefor. 7. Maintenance; Repairs, Utility Installations; Trade Fixtures and Alterations. 7.1 Lessee's Obligations. (a) In General. Subject to the provisions of Paragraph 2.2 (Condition), 2.3 (Compliance), 6.3 (Lessee's Compliance with Applicable Requirements), 7.2 (Lessor's Obligations), 9 (Damage or Destruction), and 14 (Condemnation), Lessee shall, at Lessee's sole expense, keep the Premises, Utility Installations (intended for Lessee's exclusive use, no matter where located), and Alterations in good order, condition and repair (whether or not the portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises), including, but not limited to, all equipment or facilities, such as plumbing, HVAC equipment, electrical, lighting facilities, boilers, pressure vessels, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, and skylights but excluding any items which are the responsibility of Lessor pursuant to Paragraph 7.2. Lessee, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices, specifically including the procurement and maintenance of the service contracts required by Paragraph 7.1(b) below. Lessee's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. (b) Service Contracts. Lessee shall, at Lessee's sole expense, procure and maintain contracts, with copies to Lessor, in customary form and substance for, and with contractors specializing and experienced in the maintenance of the following equipment and improvements, if any, if and when installed on the Premises: (i) HVAC equipment, (ii) boiler and pressure vessels, and (iii) clarifiers and grease interceptors. Lessor reserves the right, upon notice to Lessee, to procure and maintain any or all of such service contracts, and Lessee shall reimburse Lessor, upon demand, for the cost thereof. (c) Failure to Perform. If Lessee fails to perform Lessee's obligations under this Paragraph 7.1, Lessor may enter upon the Premises after 10 days' prior written notice to Lessee (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf, and put the Premises in good order, condition and repair, and Lessee shall promptly pay to Lessor a sum equal to the cost thereof. 25L-10 (d) Replacement. Subject to Lessee's indemnification of Lessor as set forth in Paragraph 8.7 below, and without relieving Lessee of liability resulting from Lessee's failure to exercise and perform good maintenance practices, if an item described in Paragraph 7.1(b) cannot be repaired other than at a cost which is in excess of 50% of the cost of replacing such item, then such item may be replaced by Lessor, and the cost thereof shall be prorated between the Parties and Lessee shall only be obligated to pay, each month during the remainder of the term of this Lease, on the date on which Base Rent is due, an amount equal to the product of multiplying the cost of such replacement by a fraction, the numerator of which is one, and the denominator of which is 144 (i.e. 1/144th of the cost per month). Lessee shall pay Interest on the unamortized balance but may prepay its obligation at any time 7.2 Lessor's Obligations. Subject to the provisions of Paragraphs 2.2 (Condition), 2.3 (Compliance), 4.2 (Common Area Operating Expenses), 6 (Use), 7.1 (Lessee's Obligations), 9 (Damage or Destruction) and 14 (Condemnation), and -sabjesf-te e:..... _..oment pinstimit to Par-a..aph n 2 Lessor shall keep in good order, condition and repair the foundations, exterior walls, structural condition of interior bearing walls, exterior roof, fire sprinkler system, Common Area fire alarm and/or smoke detection systems, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the Common Areas and all parts thereof, as Well as pfeViding the sRp 4^R_^ `eF ••• iAh """ •^ a r,......,,,., A.ea Operating r.._,,....,.pursuant to o........_aph 4.2. Lessor shall not be obligated to paint the interior surfaces of exterior walls nor shall Lessor be obligated to maintain, repair or replace windows, doors or plate glass of the Premises all of which shall be performed by Lessee at Lessee's sole expense. Lessee expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease. 7.3 Utility Installations; Trade Fixtures; Alterations. (a) Definitions. The term "Utility Installations" refers to all floor and window coverings, air and/or vacuum lines, power panels, electrical distribution, security and fire protection systems, communication cabling, lighting fixtures, HVAC equipment, plumbing, and fencing in or on the Premises. The term "Trade Fixtures" shall mean Lessee's machinery and equipment that can be removed without doing material damage to the Premises. The term "Alterations" shall mean any modification of the improvements, other than Utility Installations or Trade Fixtures, whether by addition or deletion. "Lessee Owned Alterations and/or Utility Installations" are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a). (b) Consent. Lessee shall not make any Alterations or Utility Installations to the Premises without Lessor's prior written consent. Lessee may, however, make non-structural Alterations and Utility Installations to the interior of the Premises (excluding the roof) without such consent but upon notice to Lessor, as long as they are not visible from the outside, do not involve puncturing, relocating or removing the roof or any existing walls, will not affect the electrical, plumbing, HVAC, and/or life safety systems, and the cumulative cost thereof during this Lease as extended does not exceed a sum equal to 3 month's Base Rent in the aggregate or a sum equal to one month's Base Rent in any one year. Notwithstanding the foregoing, Lessee shall not make or permit any roof penetrations and/or install anything on the roof without the prior written approval of Lessor. Lessor may, as a precondition to granting such approval, require Lessee to utilize a contractor chosen and/or approved by Lessor. Any Alterations or Utility Installations that Lessee shall desire to make and which require the consent of the Lessor shall be presented to Lessor in written form with detailed plans. Consent shall be deemed conditioned upon Lessee's: (i) acquiring all applicable governmental permits, (ii) furnishing Lessor with copies of both the permits and the plans and specifications prior to commencement of the work, and (iii) compliance with all conditions of said permits and other Applicable Requirements in a prompt and expeditious manner. Any Alterations or Utility Installations shall be performed in a workmanlike manner with good and sufficient materials. Lessee shall promptly upon completion furnish Lessor with as -built plans and specifications. For work which costs an amount in excess of one month's Base Rent, Lessor may condition its consent upon Lessee providing a lien and completion bond in an amount equal to 150% of the estimated cost of such Alteration or Utility Installation and/or upon Lessee's posting an additional Security Deposit with Lessor. (c) Liens; Bonds. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use on the Premises, which claims are or may be secured by any mechanic's or materialman's lien against the Premises or any interest therein. Lessee shall give Lessor not less than 10 days' notice prior to the commencement of any work in, on or about the Premises, and Lessor shall have the right to post notices of non -responsibility. If Lessee shall contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend and protect itself, Lessor and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. If Lessor shall require, Lessee shall furnish a surety bond in an amount equal to 150% of the amount of such contested lien, claim or demand, indemnifying Lessor against liability for the same. If Lessor elects to participate in any such action, Lessee shall pay Lessor's attorneys' fees and costs. 7.4 Ownership; Removal; Surrender; and Restoration. (a) Ownership. Subject to Lessor's right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by Lessee shall be the property of Lessee, but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations. Unless otherwise instructed per Paragraph 7.4(b) hereof, all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises. 25L-11 (b) Removal. By delivery to Lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to the end of the term of this Lease, Lessor may require that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease. Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations or Utility Installations made without the required consent. (c) Surrender; Restoration. Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. "Ordinary wear and tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, if this Lease is for 12 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee Owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the Premises), even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall constitute a holdover under the provisions of 26 below. 8. Insurance; Indemnity. 8.1 Payment of Premiums. The cost of the premiums for the insurance policies required to be carried by Lessor, pursuant to Paragraphs 8.2(b), 8.3(a) and 8.3(b), shall be a Common Area Operating Expense. Premiums e - _„r.,.. .. _ieds eapAineReing pFief to, eF extending beyond, the tefm of this Lease shall be pFefated to Geimide with the eeFfespending Staft Date 9 £ipiratiaa Paw. Or evidence of self insured retention in the same amount. 8.2 Liability Insurance. (a) Carried by Lessee. Lessee shall obtain and keep in force a Commercial General Liability policy of insurance protecting Lessee and Lessor as an additional insured against claims for bodily injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an annual aggregate of not less than $2,000,000. Lessee shall add Lessor as an additional insured by means of an endorsement at least as broad as the Insurance Service Organization's "Additional Insured -Managers or Lessors of Premises" Endorsement. The policy shall not contain any intra -insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Lessee's indemnity obligations under this Lease. The limits of said insurance shall not limit the liability of Lessee nor relieve Lessee of any obligation hereunder. Lessee shall provide an endorsement on its liability policy(ies) which provides that its insurance shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. (b) Carried by Lessor. Lessor shall maintain liability insurance as described in Paragraph 8.2(a), in addition to, and not in lieu of, the insurance required to be maintained by Lessee. Lessee shall not be named as an additional insured therein. 8.3 Property Insurance - Building, Improvements and Rental Value. (a) Building and Improvements. Lessor shall obtain and keep in force a policy or policies of insurance in the name of Lessor, with loss payable to Lessor, any ground -lessor, and to any Lender insuring loss or damage to the Premises. The amount of such insurance shall be equal to the full insurable replacement cost of the Premises, as the same shall exist from time to time, or the amount required by any Lender, but in no event more than the commercially reasonable and available insurable value thereof. Lessee Owned Alterations and Utility Installations, Trade Fixtures, and Lessee's personal property shall be insured by Lessee not by Lessor. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for debris removal and the enforcement of any Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any portion of the Premises as the result of a covered loss. Said policy or policies shall also contain an agreed valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. (b) Rental Value. Lessor shall also obtain and keep in force a policy or policies in the name of Lessor with loss payable to Lessor and any Lender, insuring the loss of the full Rent for one year with an extended period of indemnity for an additional 180 days ("Rental Value Insurance"). Said insurance shall contain an agreed valuation provision in lieu of any 10 25L-12 coinsurance clause, and the amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Lessee, for the next 12 month period. (c) Adjacent Premises. Lessee shall pay for any increase in the premiums for the property insurance of the Building and for the Common Areas or other buildings in the Shopping Center if said increase is caused by Lessee's acts, omissions,u^e . eeeapaney ... ofthen_o:^o^ 8.4 Lessee's Property; Business Interruption Insurance; Worker's Compensation Insurance. (a) Property Damage. Lessee shall obtain and maintain insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations. (d) No Representation of Adequate Coverage. Lessor makes no representation that the limits or forms of coverage of insurance specified herein are adequate to cover Lessee's property, business operations or obligations under this Lease. 8.5 Insurance Policies. Insurance required herein shall be by companies maintaining during the policy term a "General Policyholders Rating" of at least A- VII, as set forth in the most current issue of "Best's Insurance Guide", or such other rating as may be required by a Lender. Lessee shall not do or permit to be done anything which invalidates the required insurance policies. Lessee shall, prior to the Start Date, deliver to Lessor certified copies of policies of such insurance or certificates with copies of the required endorsements evidencing the existence and amounts of the required insurance. No such policy shall be cancelable or subject to modification except after 30 days prior written notice to Lessor. Lessee shall, at least 10 days prior to the expiration of such policies, furnish Lessor with evidence of renewals or "insurance binders" evidencing renewal thereof, or Lessor may order such insurance and charge the cost thereof to Lessee, which amount shall be payable by Lessee to Lessor upon demand. Such policies shall be for a term of at least one year, or the length of the remaining term of this Lease, whichever is less. if either Party shall fail to procure and maintain the insurance required to be carried by it, the other Party may, but shall not be required to, procure and maintain the same. 8.6 Waiver of Subrogation. Without affecting any other rights or remedies, Lessee and Lessor each hereby release and relieve the other, and waive their entire right to recover damages against the other, for loss of or damage to its property arising out of or incident to the perils required to be insured against herein. The effect of such releases and waivers is not limited by the amount of insurance carried or required, or by any deductibles applicable hereto. The Parties agree to have their respective property damage insurance carriers waive any right to subrogation that such companies may have against Lessor or Lessee, as the case may be, so long as the insurance is not invalidated thereby. 8.7 Indemnity. Except for Lessor's gross negligence or willful misconduct, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, property manager, partners and Lenders, from and against any and all claims, loss of rents and/or damages, liens, judgments, penalties, attorneys' and consultants' fees, expenses and/or liabilities arising out of, involving, or in connection with, the use and/or occupancy of the Premises by Lessee. If any action or proceeding is brought against Lessor by reason of any of the foregoing matters, Lessee shall upon notice defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be defended or indemnified. 8.8 Exemption of Lessor and its Agents from Liability. Notwithstanding the negligence or breach of this Lease by Lessor or its agents, neither Lessor nor its agents shall be liable under any circumstances for: (i) injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, indoor air quality, the presence of mold or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources or places, (ii) any damages arising from any act or neglect of any other Lessee of Lessor or from the failure of Lessor or its agents to enforce the provisions of any other lease in the Shopping Center, or (iii) injury to Lessee's business or for any loss of income or profit therefrom. Instead, it is intended that Lessee's sole recourse in the event of such damages or injury be to file a claim on the insurance policy(ies) that Lessee is required to maintain pursuant to the provisions of Paragraph 8. 9. Damage or Destruction. 9.1 Definitions. 25L-13 (a) "Premises Partial Damage" shall mean damage or destruction to the improvements on the Premises, other than Lessee Owned Alterations and Utility Installations, which can reasonably be repaired in 6 months or less from the date of the damage or destruction, and the cost thereof does not exceed a sum equal to 6 month's Base Rent. Lessor shall notify Lessee in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or Total. (b) "Premises Total Destruction" shall mean damage or destruction to the improvements on the Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which cannot reasonably be repaired in 6 months or less from the date of the damage or destruction and/or the cost thereof exceeds a sum equal to 6 month's Base Rent. Lessor shall notify Lessee in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or Total. (c) "Insured Loss" shall mean damage or destruction to improvements on the Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which was caused by an event required to be covered by the insurance described in Paragraph 8.3(a), irrespective of any deductible amounts or coverage limits involved. (d) "Replacement Cost" shall mean the cost to repair or rebuild the improvements owned by Lessor at the time of the occurrence to their condition existing immediately prior thereto, including demolition, debris removal and upgrading required by the operation of Applicable Requirements, and without deduction for depreciation. (e) "Hazardous Substance Condition" shall mean the occurrence or discovery of a condition involving the presence of, or a contamination by, a Hazardous Substance, in, on, or under the Premises or Common Areas which requires restoration. 9.2 Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor's expense, repair such damage (but not Lessee's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to affect such repair, the Insuring Party shall promptly contribute the shortage in proceeds as and when required to complete said repairs. In the event, however, such shortage was due to the fact that, by reason of the unique nature of the improvements, full Replacement Cost insurance coverage was not commercially reasonable and available, Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within 10 days following receipt of written notice of such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof within said 10 day period, the party responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall remain in full force and effect. If such funds or assurance are not received, Lessor may nevertheless elect by written notice to Lessee within 10 days thereafter to: (i) make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shall remain in full force and effect, or (ii) have this Lease terminate 30 days thereafter. Lessee shall not be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party. 9.3 Partial Damage - Uninsured Loss. If a Premises Partial Damage that is not an Insured Loss occurs, unless caused by a grossly negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), Lessor may either: (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) terminate this Lease by giving written notice to Lessee within 30 days after receipt by Lessor of knowledge of the occurrence of such damage. Such termination shall be effective 60 days following the date of such notice. In the event Lessor elects to terminate this Lease, Lessee shall have the right within 10 days after receipt of the termination notice to give written notice to Lessor of Lessee's commitment to pay for the repair of such damage without reimbursement from Lessor. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within 30 days after making such commitment. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the required funds are made available to Lessor. If Lessee does not make the required commitment, this Lease shall terminate as of the date specified in the termination notice. 9.4 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease shall terminate 60 days following such Destruction. If the damage or destruction was caused by the gross negligence or willful misconduct of Lessee, Lessor shall have the right to recover Lessor's damages from Lessee, except as provided in Paragraph 8.6. 9.5 Damage Near End of Term. If at any time during the last 12 months of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective as of the date of occurrence of such damage by giving a written termination notice to Lessee within 90 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease and the damage is an Insured Loss, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as 12 25L-14 reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, or if the damage is not an Insured Loss, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished. 9.6 Damage to Shopping Center. In the event of any damage or destruction to other portions of the Building or to any other buildings in the Shopping Center, whether insured or uninsured (and whether or not there is also damage or destruction to the Premises), which cannot reasonably be repaired in 12 months or less from the date of the damage or destruction, Lessor may either (i) repair such damage or destruction as soon as reasonably possible without expense to Lessee, in which event this Lease shall continue in full force and effect, or (ii) terminate this Lease by giving written notice to Lessee within 90 days after receipt by Lessor of knowledge of the occurrence of such damage or destruction. Such termination shall be effective 60 days following the date of such notice. 9.7 Abatement of Rent; Lessee's Remedies. (a) Abatement. In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Condition for which Lessee is not responsible under this Lease, the Base Rent payable by Lessee for the period required for the repair, remediation or restoration of such damage shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired, but not to exceed the proceeds actually received by Lessor from the Rental Value Insurance. All other obligations of Lessee hereunder shall be performed by Lessee, and Lessor shall have no liability for any such damage, destruction, remediation, repair or restoration except as provided herein. (b) Termination; Advance Payments. Upon termination of this Lease pursuant to Paragraph 6.2(g) or Paragraph 9, an equitable adjustment shall be made concerning advance Base Rent and any other advance payments made by Lessee to Lessor. Lessor shall, in addition, return to Lessee so much of Lessee's Security Deposit as has not been, or is not then required to be, used by Lessor. 10. Real Property Taxes. 10.1 Definition. As used herein, the term "Real Property Taxes" shall include any form of assessment; real estate, general, special, ordinary or extraordinary, or rental levy or tax (other than inheritance, personal income or estate taxes); improvement bond; and/or license fee imposed upon or levied against any legal or equitable interest of Lessor in the Shopping Center, Lessor's right to other income therefrom, and/or Lessor's business of leasing, by any authority having the direct or indirect power to tax and where the funds are generated with reference to the Shopping Center address and where the proceeds so generated are to be applied by the city, county or other local taxing authority of a jurisdiction within which the Shopping Center is located. The term "Real Property Taxes" shall also include any tax, fee, levy, assessment or charge, or any increase therein: (i) imposed by reason of events occurring during the term of this Lease, including but not limited to, a change in the ownership of the Shopping Center, (ii) a change in the improvements thereon, and/or (iii) levied or assessed on machinery or equipment provided by Lessor to Lessee pursuant to this Lease. In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the calculation of Real Property Taxes for such calendar year based upon the number of days which such calendar year and tax year have in common. 10.2 Payment of Taxes. Except as otherwise provided in Paragraph 10.3, Lessor shall pay the Real Property Taxes applicable to the Shopping Center, 10.3 Additional Improvements. Notwithstanding Paragraph 10.2 hereof, Lessee shall, however, pay to Lessor at the time Commen AF@a Operating L'...._..ses afe payable "^^" Parag aph ^ °, the entirety of any increase in Real Property Taxes if assessed solely by reason of Alterations, Trade Fixtures or Utility Installations placed upon the Premises by Lessee or at Lessee's request, or by reason of any alterations or improvements to the Premises made by Lessor subsequent to the execution of this Lease by the Parties. 10.4 If the Building is net seeaFately assessed, Real PfeoeFty Taxes allesated to the Building shall be as maybe Feasenably available- TAgsoF49 FeRsAflable deteFffl-ifl-ation thefeef-, in geed faith, Shall be ReflelugivR. 10.5 Personal Property Taxes. Lessee shall pay prior to delinquency all taxes assessed against and levied upon Lessee Owned Alterations and Utility Installations, Trade Fixtures, furnishings, equipment and all personal property of Lessee contained in the Premises. When possible, Lessee shall cause its Lessee Owned Alterations and Utility Installations, Trade Fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Lessor. If any of Lessee's said property shall be assessed with Lessor's real property, Lessee shall pay Lessor the taxes attributable to Lessee's property within 10 days after receipt of a written statement setting forth the taxes applicable to Lessee's property. 11. Utilities and Services. Lessee shall pay for all water, gas, heat, light, power, telephone, trash -disposal and other utilities and services supplied to the Premises, together with any taxes thereon. To the extentany - eh utilities an&eF seFviees afe net ""^"Fate'" metefed, Lessee shall pay Lessee's Shafe thefeef in aeneFdanigg ivith. Prnaggaph 4.2. Notwithstanding the pfavisioas of Paragraph 4.2; 13 25L-15 if at anytime in Lessor's sole judgment, Lessor determines that Lessee is using a disproportionate amount of water, electricity or other commonly metered utilities, or that Lessee is generating such a large volume of trash as to require an increase in the size of the trash receptacle and/or an increase in the number of times per month that it is emptied, then Lessor may increase Lessee's Base Rent by an amount equal to such increased costs. There shall be no abatement of Rent and Lessor shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor's reasonable control or in cooperation with governmental request or directions. 12. Assignment and Subletting. 12.1 Lessor's Consent Required. (a) Lessee shall not voluntarily or by operation of law assign, transfer, mortgage or encumber (collectively, "assign or assignment"), license or sublet all or any part of Lessee's interest in this Lease or in the Premises without Lessor's prior written consent. (b) Unless Lessee is a corporation and its stock is publicly traded on a national stock exchange, a change in the control of Lessee shall constitute an assignment requiring consent. The transfer, on a cumulative basis, of 25% or more of the voting control of Lessee shall constitute a change in control for this purpose. (c) The involvement of Lessee or its assets in any transaction, or series of transactions by way of merger, sale, acquisition, financing, transfer, leveraged buy-out or otherwise, which results or will result in a reduction of the Net Worth of Lessee by an amount greater than 25% of such Net Worth as it was represented at the time of the execution of this Lease or at the time of the most recent assignment to which Lessor has consented, or as it exists immediately prior to said transaction or transactions constituting such reduction, whichever was or is greater, shall be considered an assignment of this Lease to which Lessor may withhold its consent. "Net Worth of Lessee" shall mean the net worth of Lessee (including any guarantors) established under generally accepted accounting principles. (d) An assignment or subletting without consent shall, at Lessor's option, be a Default curable after notice per Paragraph 13.1(c), or a non -curable Breach without the necessity of any notice and grace period. If Lessor elects to treat such unapproved assignment or subletting as a non -curable Breach, Lessor may either: (i) terminate this Lease, or (ii) upon 30 days written notice, increase the monthly Base Rent to 110% of the Base Rent then in effect. Further, in the event of such Breach and rental adjustment, all fixed and non -fixed rental adjustments scheduled during the remainder of the Lease term shall be increased to 110% of the scheduled adjusted rent. (e) Lessee's remedy for any breach of Paragraph 12.1 by Lessor shall be limited to compensatory damages and/or injunctive relief. (0 Lessor may reasonably withhold consent to a proposed assignment or subletting if Lessee is in Default at the time consent is requested. (g) Notwithstanding the foregoing, allowing a de minimis portion of the Premises, i.e. 20 square feet or less, to be used by a third party vendor in connection with the installation of a vending machine or payphone shall not constitute a subletting. 12.2 Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by Lessee. (b) Lessor may accept Rent or performance of Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for Lessee's Default or Breach. (c) Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting. (d) In the event of any Default or Breach by Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefore to Lessor, or any security held by Lessor. (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $1,000.00 as consideration for Lessor's considering and processing said request. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 35) (t) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the 14 25L-16 term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing. (g) Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by Lessor in writing. 12.3 Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed to be included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all Rent payable on any sublease, and Lessor may collect such Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach shall occur in the performance of Lessee's obligations, Lessee may collect said Rent. In the event that the amount collected by Lessor exceeds Lessee's then outstanding obligations any such excess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing or any assignment of such sublease, nor by reason of the collection of Rent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor all Rent due and to become due under the sublease. Sublessee shall rely upon any such notice from Lessor and shall pay all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists, notwithstanding any claim from Lessee to the contrary. (b) In the event of a Breach by Lessee, Lessor may, at its option, require sublessee to attom to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. 13. Default; Breach; Remedies. 13.1 Default; Breach. A "Default" is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or Rules and Regulations under this Lease. A "Breach" is defined as the occurrence of one or more of the following Defaults, and the failure of Lessee to cure such Default within any applicable grace period: (a) The vacating or abandonment of the Premises. Lessee shall be deemed to have vacated the Premises if Lessee ceases to continuously operate its business in the Premises for a period of 5 consecutive days. (b) The failure of Lessee to make any payment of Rent or any Security Deposit required to be made by Lessee hereunder, whether to Lessor or to a third party, when due, to provide reasonable evidence of insurance or surety bond, or to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of 5 days following written notice to Lessee. THE ACCEPTANCE BY LESSOR OF A PARTIAL PAYMENT OF RENT OR SECURITY DEPOSIT SHALL NOT CONSTITUTE A WAIVER OF ANY OF LESSOR'S RIGHTS, INCLUDING LESSOR'S RIGHT TO RECOVER POSSESSION OF THE PREMISES. (c) The failure of Lessee to allow Lessor and/or its agents access to the Premises or the commission of waste, act or acts constituting public or private nuisance, and/or an illegal activity on the Premises by Lessee, where such actions continue for a period of 5 days following written notice to Lessee. (d) The failure by Lessee to provide (i) reasonable written evidence of compliance with Applicable Requirements, (ii) the service contracts, (iii) the rescission of an unauthorized assignment or subletting, (iv) an Estoppel Certificate or financial statements, (v) a requested subordination, (vi) evidence concerning any guaranty and/or Guarantor, (vii) any document requested under Paragraph 40, (viii) material data safety sheets (MSDS), or (ix) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this Lease, where any such failure continues for a period of 10 days following written notice to Lessee. (e) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 2.9 hereof, other than those described in subparagraphs 13.1(a), (b), (c) or (d), above, where such Default continues for a period of 30 days after written notice; provided, however, that if the nature of Lessee's Default is such that more than 30 days are reasonably required for its cure, then it shall not be deemed to be a Breach if Lessee commences such cure within said 30 day period and thereafter diligently prosecutes such cure to completion. (f) The occurrence of any of the following events: (i) the making of any general arrangement or assignment for the benefit of creditors; (ii) becoming a "debtor" as defined in 11 U.S.C. § 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within 60 days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within 30 days; provided, however, in the event is 25L-17 that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions. (g) The discovery that any financial statement of Lessee or of any Guarantor given to Lessor was materially false. (h) If the performance of Lessee's obligations under this Lease is guaranteed: (i) the death of a Guarantor, (ii) the termination or attempted termination of a Guarantor's liability with respect to this Lease other than in accordance with the express terns of such guaranty, (iii) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, (iv) a Guarantor's refusal to honor the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory basis, and Lessee's failure, within 30 days following written notice of any such event, to provide written alternative assurance or security, which, when coupled with the then existing resources of Lessee, equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution of this Lease. 13.2 Remedies. If Lessee fails to perform any of its affirmative duties or obligations, within 10 days after written notice (or in case of an emergency, without notice), Lessor may, at its option, perform such duty or obligation on Lessee's behalf, including but not limited to the obtaining of reasonably required bonds, insurance policies, or governmental licenses, permits or approvals. Lessee shall pay to Lessor an amount equal to the costs and expenses incurred by Lessor in such performance upon receipt of an invoice therefor. In the event of a Breach, Lessor may, with or without further notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Breach: (a) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession to Lessor. In such event Lessor shall be entitled to recover from Lessee: (i) the unpaid Rent which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (iv) any other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited to the cost of recovering possession of the Premises, expenses of re -letting, including necessary renovation and alteration of the Premises, reasonable attorneys' fees, and that portion of any Leasing commission paid by Lessor in connection with this Lease applicable to the unexpired term of this Lease. The worth at the time of award of the amount referred to in provision (iii) of the immediately preceding sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of the District within which the Premises are located at the time of award plus one percent. Efforts by Lessor to mitigate damages caused by Lessee's Breach of this Lease shall not waive Lessor's right to recover any damages to which Lessor is otherwise entitled. If termination of this Lease is obtained through the provisional remedy of unlawful detainer, Lessor shall have the right to recover in such proceeding any unpaid Rent and damages as are recoverable therein, or Lessor may reserve the right to recover all or any part thereof in a separate suit. If a notice and grace period required under Paragraph 13.1 was not previously given, a notice to pay rent or quit, or to perform or quit given to Lessee under the unlawful detainer statute shall also constitute the notice required by Paragraph 13.1. In such case, the applicable grace period required by Paragraph 13.1 and the unlawful detainer statute shall run concurrently, and the failure of Lessee to cure the Default within the greater of the two such grace periods shall constitute both an unlawful detainer and a Breach of this Lease entitling Lessor to the remedies provided for in this Lease and/or by said statute. (b) Continue the Lease and Lessee's right to possession and recover the Rent as it becomes due, in which event Lessee may sublet or assign, subject only to reasonable limitations. Acts of maintenance, efforts to re -let, and/or the appointment of a receiver to protect the Lessor's interests, shall not constitute a termination of the Lessee's right to possession. (c) Pursue any other remedy now or hereafter available under the laws orjudicial decisions of the state wherein the Premises are located. The expiration or termination of this Lease and/or the termination of Lessee's right to possession shall not relieve Lessee from liability under any indemnity provisions of this Lease as to matters occurring or accruing during the term hereof or by reason of Lessee's occupancy of the Premises. 13.3 Inducement Recapture. Any agreement for free or abated rent or other charges, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "Inducement Provisions", shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease. Upon Breach of this Lease by Lessee, any such Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an Inducement Provision shall be immediately due and payable by Lessee to Lessor, subject to the timely, subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph unless specifically so stated in writing by Lessor at the time of such acceptance. 13.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by any Lender. Accordingly, if 16 25L-18 any Rent shall not be received by Lessor within 5 days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall immediately pay to Lessor a one-time late charge equal to 10% of each such overdue amount or $100, whichever is greater. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for 3 consecutive installments of Base Rent, then notwithstanding any provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance. 13.5 Interest. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due shall bear interest from the 31st day after it was due. The interest ("Interest") charged shall be computed at the rate of 10% per annum but shall not exceed the maximum rate allowed by law. Interest is payable in addition to the potential late charge provided for in Paragraph 13.4. 13.6 Breach by Lessor. (a) Notice of Breach. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event be less than 30 days after receipt by Lessor, and any Lender whose name and address shall have been furnished Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor's obligation is such that more than 30 days are reasonably required for its performance, then Lessor shall not be in breach if performance is commenced within such 30 day period and thereafter diligently pursued to completion. Under no circumstances shall Lessee have the right to terminate the Lease as a result of Lessor's breach or alleged breach of the Lease. (b) Performance by Lessee on Behalf of Lessor. In the event that neither Lessor nor Lender cures said breach within 30 days after receipt of said notice, or if having commenced said cure they do not diligently pursue it to completion, then Lessee may upon 30 days prior written notice to Lessor, elect to cure said breach at Lessee's expense, and should Lessor fail or refuse to reimburse Lessee for the actual, itemized, third -party cost of such cure within 30 days following Lessor's receipt of Lessee's itemized invoice for same, Lessee may offset from Base Rent the actual and reasonable cost to perform such cure, provided however, that such offset shall not exceed an amount equal to the greater of one month's Base Rent or the Security Deposit, reserving Lessee's right to reimbursement from Lessor for any such expense in excess of such offset. 14. Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "Condemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than 10% of the floor area of the Premises is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within 20 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within 20 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction Rentable Area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemner for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation to the extent of the Condemnation Award actually received by Lessor, if any. 15. Brokerage. 15.1 Representations and Indemnities of Broker Relationships. Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any) in connection with this Lease, and that no one other than said named Brokers is entitled to any commission or finder's fee in connection herewith. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 16. Estoppel Certificates. (a) Lessee (as "Responding Party") shall within 10 days after written notice from Lessor (the "Requesting Party") execute, acknowledge and deliver to the Requesting Party an estoppel statement or certificate in writing in the form designated by 17 25L-19 Lessor (or Lessor's Lender or purchaser), plus such additional information, confirmation and/or statements as may be reasonably requested by the Requesting Party. (b) If the Responding Party shall fail to execute or deliver the Estoppel Certificate within such 10 day period, the Requesting Party may execute an Estoppel Certificate stating that: (i) the Lease is in full force and effect without modification except as may be represented by the Requesting Party, (ii) there are no uncured defaults in the Requesting Party's performance, and (iii) not more than one month's rent has been paid in advance. Prospective purchasers and encumbrances may rely upon the Requesting Party's Estoppel Certificate, and the Responding Party shall be estopped from denying the truth of the facts contained in said Certificate. In addition, Lessee acknowledges that any failure on its part to provide such an Estoppel Certificate will expose Lessor to risks and potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain. Accordingly, should Lessee fail to execute and/or deliver a requested Estoppel Certificate in a timely fashion the monthly Base Rent shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to 10% of the then existing Base Rent or $100, whichever is greater for remainder of the Lease. The Parties agree that such increase in Base Rent represents fair and reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to provide the Estoppel Certificate. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to provide the Estoppel Certificate nor prevent the exercise of any of the other rights and remedies granted hereunder. (c) If Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Lessee and all Guarantors shall within 10 days after written notice from Lessor deliver to any potential lender or purchaser designated by Lessor such financial statements as may be reasonably required by such lender or purchaser, including but not limited to Lessee's financial statements for the past 3 years. All such financial statements shall be received by Lessor and such lender or purchaser in confidence and shall be used only for the purposes herein set forth. 17. Definition of Lessor. The term "Lessor" as used herein shall mean the owner or owners at the time in question of the fee title to the Premises, or, if this is a sublease, of the Lessee's interest in the prior lease. In the event of a transfer of Lessor's title or interest in the Premises or this Lease, Lessor shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Lessor. Upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the prior Lessor shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by the Lessor. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Lessor shall be binding only upon the Lessor as hereinabove defined. 18. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 19. Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Lease shall mean and refer to calendar days. 20. Limitation on Liability. The obligations of Lessor under this Lease shall not constitute personal obligations of Lessor, or its partners, members, directors, officers or shareholders, and Lessee shall look to the Premises, and to no other assets of Lessor, for the satisfaction of any liability of Lessor with respect to this Lease, and shall not seek recourse against Lessor's partners, members, directors, officers or shareholders, or any of their personal assets for such satisfaction. 21. Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease. 22. No Prior or Other Agreements. This Lease contains all agreements between the Parties with respect to any matter mentioned herein, and no other prior or contemporaneous agreement or understanding shall be effective. 23. Notices. 23.1 Notice Requirements. All notices required or permitted by this Lease or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, and shall be deemed sufficiently given if served in a manner specified in this Paragraph 23. The addresses noted adjacent to a Party's signature on this Lease shall be that Party's address for delivery or mailing of notices. Either Party may by written notice to the other specify a different address for notice, except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice. A copy of all notices to Lessor shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate in writing. 23.2 Date of Notice. 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, or if no delivery date is shown, the postmark thereon. If sent by regular mail the notice shall be deemed given 72 hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by is 25L-20 United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same to the Postal Service or courier. Notices transmitted by facsimile transmission or similar means shall be deemed delivered upon telephone confirmation of receipt (confirmation report from fax machine is sufficient), provided a copy is also delivered via delivery or mail. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. 24. Waivers. No waiver by Lessor of the Default or Breach of any term, covenant or condition hereof by Lessee, shall be deemed a waiver of any other term, covenant or condition hereof, or of any subsequent Default or Breach by Lessee of the same or of any other term, covenant or condition hereof. Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor's consent to, or approval of, any subsequent or similar act by Lessee, or be construed as the basis of an estoppel to enforce the provision or provisions of this Lease requiring such consent. The acceptance of Rent by Lessor shall not be a waiver of any Default or Breach by Lessee. Any payment by Lessee may be accepted by Lessor on account of moneys or damages due Lessor, notwithstanding any qualifying statements or conditions made by Lessee in connection therewith, which such statements and/or conditions shall be of no force or effdct unless specifically agreed to in writing by Lessor at or before the time of deposit of such payment. THE TERMS OF THIS LEASE SHALL GOVERN WITH REGARD TO ALL MATTERS RELATED T14ERETO AND HEREBY WAIVE THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE TO THE EXTENT THAT SUCH STATUTE IS INCONSISTENT WITH THIS LEASE. 25. No RightTo Holdoven Lessee has ne fight to retain possession 9; tlie !'Femises OF any pen inereef 13@Y811a me ExP tpFminatieB Of this bease. In the evpnt that Lessee holds oveF, then the Base Rent and PeFeepAage RePA Rate shall be inefeased to 0 of the Base Rent and Pereentage Rent Rate applieable immediately pfeeeding the expiration oF teEminatien. Nettling eentained kOF01' 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. Construction of Agreement. In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. 28. Binding Effect; Choice of Law. This Lease shall be binding upon the parties, their personal representatives, successors and assigns and be governed by the laws of the State in which the Premises are located. Any litigation between the Parties hereto concerning this Lease shall be initiated in the county in which the Premises are located. 29. Subordination; Attornment; Non -Disturbance. 29.1 Subordination. This Lease shall be subject and subordinate to any ground lease, mortgage, deed of trust, or other hypothecation or security device (collectively, "Security Device"), now or hereafter placed upon the Premises, to any and all advances made on the security thereof, and to all renewals, modifications, and extensions thereof. Lessee agrees that the holders of any such Security Devices (in this Lease together referred to as "Lender") shall have no liability or obligation to perform any of the obligations of Lessor under this Lease. Any Lender may elect to have this Lease superior to the lien of its Security Device by giving written notice thereof to Lessee, whereupon this Lease shall be deemed prior to such Security Device, notwithstanding the relative dates of the documentation or recordation thereof. 29.2 Attornment. In the event that Lessor transfers title to the Premises, or the Premises are acquired by another upon the foreclosure or termination of a Security Devise to which this Lease is subordinated (i) Lessee shall, subject to the non -disturbance provisions of Paragraph 29.3, attoln to such new owner, and upon request, enter into a new lease, containing all of the terms and provisions of this Lease, with such new owner for the remainder of the term hereof, or, at the election of the new owner, this Lease will automatically become a new lease between Lessee and such new owner, and (ii) Lessor shall thereafter be relieved of any further obligations hereunder and such new owner shall assume all of Lessor's obligations, except that such new owner shall not: (a) be liable for any act or omission of any prior lessor or with respect to events occurring prior to acquisition of ownership; (b) be subject to any offsets or defenses which Lessee might have against any prior lessor, (c) be bound by prepayment of more than one month's rent, or (d) be liable for the return of any security deposit paid to any prior lessor which was not paid or credited to such new owner. 29.3 Non -Disturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee shall execute and deliver to Lessor a commercially reasonable non -disturbance agreement (a "Non -Disturbance Agreement") from the Lender which Non -Disturbance Agreement provides that Lessee's possession of the Premises, and this Lease, including any options to extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attoms to the record owner of the Premises. Within 60 days after the execution of this Lease, Lessor shall, if requested by Lessee, use its commercially reasonable efforts to obtain a Non -Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises. 19 25L-21 In the event that Lessor is unable to provide the Non -Disturbance Agreement within said 60 days, then Lessee may, at Lessee's option, directly contact Lender and attempt to negotiate for the execution and delivery of a Non -Disturbance Agreement. 29.4 Self -Executing. The agreements contained in this Paragraph 29 shall be effective without the execution of any further documents; provided, however, that, upon written request from Lessor or a Lender in connection with a sale, financing or refinancing of the Premises, Lessee and Lessor shall execute such further writings as may be reasonably required to separately document any subordination, attornment and/or Non -Disturbance Agreement provided for herein. 30. Attorneys' Fees. If any Party brings an action or proceeding involving the Premises whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall mean a Party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party of its claim or defense. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred. In addition, Lessor shall be entitled to attorneys' fees, costs and expenses incurred in the preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach ($200 is a reasonable minimum per occurrence for such services and consultation). 31. Lessor's Access; Showing Premises; Repairs. Lessor and Lessor's agents shall have the right to enter the Premises at any time, in the case of an emergency, and otherwise at reasonable times after reasonable prior notice for the purpose of showing the same to prospective purchasers, lenders, or Lessees, and making such alterations, repairs, improvements or additions to the Premises as Lessor may deem necessary or desirable and the erecting, using and maintaining of utilities, services, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect on Lessee's use of the Premises. All such activities shall be without abatement of rent or liability to Lessee. 32. Auctions. Lessee shall not conduct, nor permit to be conducted, any auction upon the Premises without Lessor's prior written consent, which consent shall be granted or denied at Lessor's sole discretion. 33. Signs. Lessor may place on the Premises ordinary "For Lease" signs during the last 6 months of the term hereof. All signs must comply with all Applicable Requirements. Lessee shall not place, construct, or maintain on the glass panes or supports of the show windows of the Premises, the doors, exterior walls or the roof of the Building, or anywhere else within the Shopping Center outside of the Premises, or on any interior portions of the Premises that are visible from the exterior of the Premises, any signs, advertisements, names, insignia, trademarks, descriptive material or any other items without Lessor's prior written consent, which consent shall be granted or denied at Lessor's sole discretion. Lessor shall designate the size, shape, color, design, and location of all exterior sign(s) to be installed by Lessee, and Lessee shall, at Lessee's sole cost and expense, fabricate, construct and install all such sign(s) in full compliance with Lessor's designation and in accordance with the Sign Criteria for the Shopping Center attached hereto, if any. Lessee agrees to submit plans and specifications for Lessee's sign(s) for Lessor's written approval within 30 days after the full execution hereof and to install such sign(s) prior to opening for business at the Premises. Lessor, at Lessee's cost, may remove any item placed, constructed or maintained in, upon or about the Premises or Shopping Center which does not comply with this paragraph. Lessee shall have the right to install lettering designating Lessee's business, on both sides of one panel of the pylon signage along Harbor Blvd at Lessee's expense; with Lessor's approval of location, size, style and color. All signs that are permanently attached to the Premises or Building shall become the property of Lessor at the expiration or earlier termination hereof; provided, however, that Lessee shall promptly remove all such signs if Lessor so elects, and Lessee shall promptly repair all damage caused by such removal. Lessee shall not place, construct or maintain in, upon or about the Premises any search lights, flashing lights, loudspeakers, phonographs or other visual or audio media. 34. Termination; Merger. Unless specifically stated otherwise in writing by Lessor, the voluntary or other surrender of this Lease by Lessee, the mutual termination or cancellation hereof, or a termination hereof by Lessor for Breach by Lessee, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Lessor may elect to continue any one or all existing subtenancies. Lessor's failure within 10 days following any such event to elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Lessor's election to have such event constitute the termination of such interest. 35. Consents. Except as otherwise provided herein, wherever in this Lease the consent of a Party is required to an act by or for the other Party, such consent shall not be unreasonably withheld or delayed. In those express instances where consent is within the sole discretion of a party, the party shall have no obligation to adhere to a standard of reasonableness. Lessor's actual reasonable costs and expenses (including but not limited to architects', attorneys', engineers' and other consultants' fees) incurred in the consideration of, or response to, a request by Lessee for any Lessor consent, including but not limited to consents to an assignment, a subletting or 20 25L-22 the presence or use of a Hazardous Substance, shall be paid by Lessee upon receipt of an invoice and supporting documentation therefor. Lessor's consent to any act, assignment or subletting shall not constitute an acknowledgment that no Default or Breach by Lessee of this Lease exists, nor shall such consent be deemed a waiver of any then -existing Default or Breach, except as may be otherwise specifically stated in writing by Lessor at the time of such consent. The failure to specify herein any particular condition to Lessor's consent shall not preclude the imposition by Lessor at the time of consent of such further or other conditions as are then reasonable with reference to the particular matter for which consent is being given. In the event that either Party disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determination, the determining party shall furnish its reasons in writing and in reasonable detail within 10 business days following such request. 36. Guarantor. 36.1 Execution. The Guarantors, if any, shall each execute a guaranty of lease in the form prescribed by Lessor. 36.2 Default. It shall constitute a Default of the Lessee if any Guarantor fails or refuses, upon request to provide: (a) evidence of the execution of the guaranty, including the authority of the party signing on Guarantor's behalf to obligate Guarantor, and in the case of a corporate Guarantor, a certified copy of a resolution of its board of directors authorizing the making of such guaranty, (b) current financial statements, (c) an Estoppel Certificate, or (d) written confirmation that the guaranty is still in effect. 37. Quiet Possession. Subject to payment by Lessee of the Rent and performance of all of the covenants, conditions and provisions on Lessee's part to be observed and performed under this Lease, Lessee shall have quiet possession and quiet enjoyment of the Premises during the term hereof. 38. Options. If Lessee is granted any Option, as defined below, then the following provisions shall apply. 38.1 Definition. "Option" shall mean: (a) the right to extend or reduce the term of or renew this Lease or to extend or reduce the term of or renew any lease that Lessee has on other property of Lessor; and (b) the right of first refusal or first offer to lease either the Premises or other property of Lessor; 38.2 Options Personal To Original Lessee. Any Option granted to Lessee in this Lease is personal to the original Lessee, and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting. 38.3 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this Lease, a later Option cannot be exercised unless the prior Options have been validly exercised. 38.4 Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (1) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the Tern of the Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Section 38.4(a). 39. Security Measures. Lessee hereby acknowledges that the Rent payable to Lessor hereunder does not include the cost of guard service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its agents and invitees and their property from the acts of third parties. While Lessor does not assume any responsibility to provide any security measures or any liability for failure to provide security measures or for any inadequacy thereof, Lessor shall have the authority to institute or continue such security measures as Lessor in its sole discretion deems necessary or appropriate from time to time, the cost and expenses of which shall be considered Common Area Operating Expenses. 40. Reservations. Lessor reserves the right: (i) to grant, without the consent or joinder of Lessee, such easements, rights and dedications that Lessor deems necessary, (ii) to cause the recordation of parcel maps and restrictions, and (iii) to create and/or install new utility raceways, so long as such easements, rights, dedications, maps, restrictions, and utility raceways do not unreasonably interfere with the use of the Premises by Lessee. Lessee agrees to sign any documents reasonably requested by Lessor to effectuate such rights. 41. Building Planning. Lessor shall have the right at any time or times, upon giving Lessee not less than 60 days prior written notice, to provide and furnish Lessee with space of comparable visibility located elsewhere within any of the buildings within the Shopping Center and to move Lessee into such new space, provided that the usable area of such new space is not less than the usable area of the Premises and provided that all of Lessee's reasonable out-of-pocket moving expenses (including but not limited to the cost 21 25L-23 of moving Lessee's personal property, the cost of reprinting Lessee's stationery or other business materials with the new address, and the cost to relocate and reinstall Lessee improvements and Lessee's telecommunications and computer equipment) shall be paid by Lessor, and provided further that Lessor shall construct at Lessor's expense such improvements to such new space as shall be necessary to place it in a condition that is substantially comparable to the Premises. Except as provided in the immediately preceding sentence, Lessor shall have no obligation to improve such space or pay any other expenses incurred by Lessee as a result of such relocation. On such relocation, the terms and conditions of this Lease shall remain in full force and effect, including but not limited to the Base Rent payable hereunder and Lessee's Share (even if the usable area of such relocated Premises is in excess of the usable area of the Premises), except that the Premises shall be in such new location. Upon Lessor's request, the Parties shall execute an amendment to this Lease in form required by Lessor confirming the relocation of the Premises to such new location. If the new space does not meet with Lessee's approval, which approval Lessee shall give or withhold in accordance with Paragraph 35, Lessee shall have the right to cancel this Lease by giving Lessor written notice thereof within 15 days of receipt of Lessor's notification of its intent to relocate Lessee. Lessee's failure to give such notice within such 15 day period shall be deemed Lessee's approval of the new space. If timely notice is given by Lessee, then this Lease shall terminate unless Lessor rescinds Lessor's prior notice of its intent to relocate Lessee within 10 days after Lessor's receipt of Lessee's notice of cancellation. 42. Authority; Multiple Parties; Execution. (a) If either Party hereto is a corporation, trust, limited liability company, partnership, or similar entity, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Each Party shall, within 30 days after request, deliver to the other Party satisfactory evidence of such authority. (b) If this Lease is executed by more than one person or entity as "Lessee", each such person or entity shall be jointly and severally liable hereunder. It is agreed that any one of the named Lessees shall be empowered to execute any amendment to this Lease, or other document ancillary thereto and bind all of the named Lessees, and Lessor may rely on the same as if all of the named Lessees had executed such document. (c) This Lease may be executed by the Parties in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 43. Conflict. Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. 44. Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an offer to lease to the other Party. This Lease is not intended to be binding until executed and delivered by all Parties hereto. 45. Amendments. This Lease may be modified only in writing, signed by the Parties in interest at the time of the modification. As long as they do not materially change Lessee's obligations hereunder, Lessee agrees to make such reasonable non -monetary modifications to this Lease as may be reasonably required by a Lender in connection with the obtaining of normal financing or refinancing of the Premises. 46. Arbitration of Disputes. An Addendum requiring the Arbitration of all disputes between the Parties arising out of this Lease ❑ is ❑X is not attached to this Lease. 47. Accessibility; Americans with Disabilities Act. (a) The Premises: have not undergone an inspection by a Certified Access Specialist (CASp). ^ "� Und@rgORe a.. aeeessibilit�, standaFils puFsuant to California Givil Code §55.91 et seq. 9 howe andaFg9ae aH iffSpeGtiaa by a GeAified AGeess Speeialist (GA8p) and it v,aq detei�minsd that tho IiFefflisps did not meet all applicable GeastFuetien related aeeessibility standaFils .. ralig .ria G:. a Code ccc c1 �............. w .,..,.......,.. �.a.�.�-coves-� ` "eCr (b) Since compliance with the Americans with Disabilities Act (ADA) is dependent upon Lessee's specific use of the Premises, Lessor makes no warranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that Lessee's specific use of the Premises and/or Lessee's Work or improvements to the Premises requires any modifications, alterations or additions to the Premises in order to comply with the Accessibility Laws, such work shall be performed by Lessee at Lessee's sole cost and expense. Subject to the terms of this Lease, Lessee shall indemnify, defend, hold harmless and reimburse Lessor from and against any and all claims, actions, causes of action, damages, demands, liabilities, obligations, losses or expenses (specifically including, but not limited to reasonable attorneys' fees, court costs, and expert witness fees), proceedings, suits, debts, or any claimed indebtedness alleged against Lessor, its agents and assigns, arising out of or in connection with, in whole or in part, directly or indirectly (i) any use by Lessee of the Premises which is not in compliance with the Accessibility Laws, (ii) Lessee's failure to maintain the Premises in compliance with the Accessibility Laws, and/or (iii) Lessee's Work or Improvements to the Premises which are not in compliance with the Accessibility Laws. 22 25L-24 48. Soldiers and Sailors Civil Relief Act (SSCRA). Lessee hereby certifies that he/she, individually, or any member or officer of the Lessee Corporation, Partnership, LLC or any other Organization is not currently an active member of any Branch or in the Reserve of any Branch of the Armed Forces of the United States of America, and. Further waives all of his/her/their rights to and under The Soldiers and Sailors Civil Relief Act (SSCRA). LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN. AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. LESSOR Rio Vista West, LLC, a California Limited Liability By: Name Printed: Richard P. Kelter Title: Member Address: c/o WREM 3146 Red Hill Ave., Suite 150 Costa Mesa, CA 92626 Telephone: (714) 427-5977 Facsimile: (714) 427-5922 Email: kathy@wrem.com Email: Federal ID No. 33-0777028 LESSEE Santa Ana Police Department A division of the City of Santa Ana, a municipal corporation See Attached By: Name Printed: Raul Godinez B Title: City Manager Address: 20 Civic Center Plaza, 81h Floor Santa Ana, Ca. 92701 Telephone: (714) 647-5200 Facsimile: () Email: rgodinez(@santa-ana.org Email: Federal ID No. 23 25L-25 ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B: &Cx�� Tamara Bogosian Assistant City Attorney FOR APPROVAL: David Valentin Acting Chief of Police iq 25L-26 CITY OF SANTA ANA RAUL GODINFZ II City Manager Exhibit "A" Site Plan 25 25L-27 Exhibit `B" Sign Criteria 26 25L-28 EXHIBIT "E" MEMORANDUM OF LEASE TERM COMMENCEMENT This Form is prepared by Rio Vista West, LLC ("Lessor") and submitted to ("Lessee") per the terms of the Lease dated for Premises at McFadden Avenue, Santa Ana, CA. Lessee shall either confirm all information as true and correct or make the appropriate notations where Lessee disagrees with the information supplied by Lessor. Confirmation of Lease Terms 1. Date of Lease: 2. Date of Delivery of Premises by Lessor: 3. Lease Term Commencement Date: 4. Date of Expiration of Initial Lease Term: 5. Options to Renew: 6. Date of Minimum Rent Commencement: 7. Date of Adjustments (CAM) Commencement: 8. Total rentable square footage of Premises: 9. Total prepaid Minimum Rent and Adjustments 10. Total Security Deposit Lessee Acknowledges: Lessee has inspected the Premises, including without limitation its physical attributes, square footage, frontage and configuration, and accepts the Premises in their "As Is" condition as delivered by Lessor, except for the following (if "no exceptions", enter "NONE): Lessee acknowledges that the HVAC system, electrical, plumbing and mechanical systems servicing the Premises are in good working order as of the Lease Term Commencement Date, except for the following (if"no exceptions", enter "NONE"): Lessee has not relied on any statements, promises, inducements, representations or warranties by Lessor nor any agent, broker, employee, manager or contractor of Lessor in executing this Memorandum of Lease Term Commencement. Based on its own due diligence and inspection, Lessee acknowledges that the Premises are suitable for Lessee's intended use and that Lessor is not obligated nor responsible for any repairs, improvements or other work to be made to the Premises. Acknowledgment of Authority The undersigned executed this Memorandum of Lease Term Commencement on behalf of Lessor and Lessee warrant and represent that each is authorized by their respective principals to execute this document on its behalf so that its contents are binding on the parties without any further action, approval, consent or ratification by either party. "Lessor" "Lessee" By: Rio Vista West, LLC, a California Limited Liability Company By: Williams Real Estate Management, Inc._ Managing Agent By: Do Not Sign - approve for form only Audrey B. Williams, President EXHIBIT "E" Lessor's Initials: Lessee's Initials: 33 25L-29 EXHIBIT "F" FORM OF LESSEE'S ESTOPPEL CERTIFICATE The undersigned, as Lessee, under that certain Shopping Center Retail Lease dated 20_, made with RIO VISTA WEST LLC, a California limited liability company, as Lessor, hereby certifies as follows: 1. That the undersigned has entered into occupancy of the Premises described in the Lease; 2. That the Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way, except as follows: 3. That the Lease represents the entire agreement between the parties as to the leasing of the Premises: 4. That the Commencement Date of the Lease is 5. That there is an unexpired tern under the Lease of years; 6. That all conditions of the Lease to be performed by Lessor and necessary to the enforceability of the Lease have been satisfied; 7. That there are no defaults by either Lessee or Lessor thereunder; 8. That no rents have been prepaid, other than as provided in the Lease; and 9. That on this date there are no existing defenses or offsets which the undersigned has against the enforcement of the Lease by Lessor. The undersigned hereby agrees: To disclaim all right, title or interest in the Premises except the rights granted by the Lease; and 2. To notify the holder of any mortgage affecting the Premises of any default on the part of Lessor which Lessee proposes to cure and deduct from rentals, or use as a basis for cancellation of the Lease and hereby grants to any such holder the option to cure said default within a reasonable length of time. Lessee further agrees not to invoke any of its remedies under the Lease during any period that any such holder is proceeding to cure such default with due diligence, or is taking steps with due diligence to obtain the legal right to enter the Premises and cure the default. The undersigned hereby acknowledges that is presently the holder of a mortgage affecting the Premises. EXECUTED this day of , 20 BY: (Do Not Sign — for Form only 25L-30 EXHIBIT "G" RULES AND REGULATIONS Lessor hereby establishes the following rules and regulations for the safety, care and cleanliness of (i) the store areas (hereinafter referred to as the "demised premises") of any Lessee or Lessees of the Center (hereinafter referred to as the "Lessee"); (ii) the common area; and (iii) the Center in general, or for the preservation of good order: A. FOR THE STORE AREAS: 1. All floor areas of the demised premises (including vestibules, entrances, and air returns), doors, fixtures, windows, and plate glass shall be maintained in a clean, safe and good condition. 2. All trash, refuse, and waste materials shall be stored in adequate containers and regularly removed from the demised premises. These containers shall not be visible to the general public and shall not constitute a health or fire hazard, or a nuisance to any other Lessee. In the event that any Lessee shall fail to remedy such a health or fire hazard, or nuisance, within five (5) days after written notice by Lessor, Lessor may remedy and/or correct such health or fire hazard or nuisance at the expense of the Lessee involved. 3. No portion of the demised premises shall be used for lodging purposes. 4. Neither sidewalks nor walkways shall be used to display, store, or place any merchandise, equipment or devices, except in connection with sidewalk sales held with Lessor's prior written approval. The roof of the demised premises shall not be used for the storage of merchandise or equipment. 5. No public telephone, newsstand, shoeshine stand, refreshment, vending or other coin operated machine shall be installed or placed on the sidewalk or walkway area adjacent to the demised premises or on the Common Areas without Lessor's prior written approval in each instance. 6. No person or persons shall use the demised premises, or any part thereof, for conducting therein a second- hand store, auction, distress or fire sale or bankruptcy sale, or "going -out -of -business" sale or "lost our lease" sale, without Lessor's prior written consent. 7. No portion of the demised premises shall be used for the storage of any merchandise, materials or other properties, other than those reasonably necessary for the operation of a Lessee's business. Lessor may, from time to time, inspect the demised premises to insure compliance with the foregoing provisions. 8. Except for professionally prepared signs, Lessee shall not black out or otherwise obstruct the windows of the demised premises, without Lessor's prior written consent. 9. If a Lessee provides its customers with the use of shopping carts and/or baskets, such Lessee shall be responsible for causing said carts and/or baskets to be stored only in areas designated by Lessor. If such Lessee fails to routinely collect and store said carts as necessary (at least twice on a daily basis), Lessor may assume the responsibility of same and may bill the Lessee involved on an estimated monthly basis for such service. B. FOR THE COMMON AREAS: 1. All Lessees and their authorized representatives and invitees shall use any roadway, walkway, or mall (including the enclosed mall, if any) only for ingress and egress from the stores in the Center. Use of the Common Areas shall be in an orderly manner in accordance with directional or other signs or guides. Roadways shall not be used at a speed in excess of ten (10) miles per hour and shall not be used for parking or stopping, except for the immediate loading or unloading of passengers. Walkways and malls (including the enclosed mall, if any) shall be used only for pedestrian travel. 2. All Lessees and their authorized representatives and invitees shall not use the parking areas for anything but parking motor vehicles. All motor vehicles shall be parked in an orderly manner within the painted lines defining the individual parking places. During peak periods of business activity, Lessor can impose any and all controls Lessor deems necessary to operate the parking lot including, but not limited to, the length of time for parking use. 25L-31 3. No person shall use any utility area or truck loading area reserved for use in conducting business, except for the specific purpose for which permission to use these areas has been given. 4. No employee shall use any area for motor vehicle parking except the area specifically designated for employee parking for the particular period of time the use of to be made. No Lessee shall designate an area for employee parking except the area designated in writing by Lessor. 5. Without the prior written consent of Lessor, no person shall use any of the Common Areas for (i) Vending, peddling or soliciting orders for sale or distributing of any merchandise, device, service, periodical, book, pamphlet, or other matter; (ii) Exhibiting any non-professional sign, placard, banner, notice or other written material or distributing any circular, booklet, handbill, placard, or other material; (iii) Soliciting membership in any organization, group, or association, or soliciting contributions for any purpose or parading, patrolling, picketing, demonstrating, or engaging in conduct that might interfere with the use of the Common Areas or be detrimental to any of the business establishments in the Center; (iv) Using the Common Areas for any purpose when none of the business establishments in the Center are open for business; (v) Discarding any paper, glass, or extraneous matter of any kind, except in designated receptacles; (vi) Using a sound -making device that is grossly annoying or unpleasant to the general public; or (vii) Damaging any sign, light standard, or fixture, landscaping material or other improvement or property within the Center. The above listing of specific prohibitions is not intended to be exclusive, but is intended to indicate the manner in which the right to use the Common Areas solely as a means of access and convenience in shopping at the business establishments in the Center is limited and controlled by Lessor. 25L-32 EXHIBIT "H" Restricted Uses As of July 2015 1. As a grocery store, food store, market, mini market, convenience store, health food store or gourmet market. 2. As a fast food restaurant, with or without, drive-thru facilities. 3. As a shoe store. 4. As a Mexican Fast Food Restaurant. 5. As a store selling cellular telephones, accessories and related supplies. 6. As a business offering "Financial Services". Financial Services means state and national banks, savings banks, credit unions, savings and loan institutions, mortgage and brokerage companies, and any other entities in the financial services business, as well as the operation of ATM's and financial Drive-thrus. 7. As a business offering money wiring or transfers, money loans, money orders, bill paying or related financial services. 8. As a store specializing in the sale of Vitamins, food supplements or related products. 9. As a Jewelry Store. 10. As a store selling (a) fresh ground and whole coffee beans, (b) express -based and coffee based drinks, (c) tea or tea based drinks, (d) gourmet brand -identified brewed coffee, and (e) blended beverages, including without limitation, those containing the following: coffee, espresso. 25L-33 25L-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: APPROVE AN AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR COURSE REGISTRATION SERVICES {STRATEGIC PLAN NO.1, 1i} - w ITY -MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sT Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached five-year agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 17, 2017 through July 16, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,830, and generate up to $270,000 in reimbursement revenue over the five-year term. DISCUSSION The Santa Ana Police Department has a long standing relationship with Rancho Santiago Community College District (District) to ensure law enforcement officers receive college credit for law enforcement training that has been certified by the District. Under the terms of this agreement, Santa Ana College offers advanced public safety courses to students under the immediate supervision of a Rancho Santiago Community College District -approved instructor (Santa Ana PD training officer). The officers receive college credit, and the District is eligible to receive state apportionment to help fund the costs of instruction. A percentage of the apportionment is used to compensate the Police Department for costs incurred while presenting the course (i.e. instructor costs, instructional supplies, printing costs, etc.). On October 3, 2017, the City Council approved an agreement with the District for these services; however, the recommended action that was approved authorized the acceptance of up to $54,000 in reimbursement revenue over the five-year agreement term. The recommended action above is corrected to reflect up to $54,000 in revenue per year, or $270,000 over the five-year agreement term. Over the course of an average year, the Police Department trains approximately 300-400 employees (Santa Ana and outside agencies). Registration costs vary based on the class, and the Department is reimbursed at two dollars and seventy cents 2.70 per student contact hour, not to exceed 20,000 student contract hours or $54,000 per fiscal year. Although the maximum annual reimbursement authorized by the district is $54,000 per state guidelines, the Police Department anticipates that our current training program schedule will generate approximately 25M-1 Agreement with Rancho Santiago Community College District December 5, 2017 Page 2 $19,710 per year; however, as training needs increase, the agreement may generate up to the $54,000 annual maximum (20,000 contact hours x $2.70 per contact hour = $54,000);. The Police Department anticipates paying approximately $7,000per year in tuition costs, which will total $35,000 over the five year term. However, the Police Department may pay up to a maximum of $19,166 per year as training needs change and the contract is maximized. This annual amount was derived using the following calculations: 20,000 training hours divided by 48 (48 hours of instruction = 1 unit) equals 416.66 units 416.66 units multiplied by $46 (tuition per unit) equals $19,166 in tuition costs Actual expenses and revenue received will be based on the annual training needs of the Police Department, and the number of registrations processed through the District. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Strategy 1 i - Enhance public safety efforts by improving our employee retention efforts and actively seeking a diverse and talented pool of public safety candidates who possess the values and skills consistent with organizational goals. FISCAL IMPACT Funds for this agreement are available in the Police Department's Training contract services account (no. 01114410 62300), and reimbursement revenue will be deposited in the Police Department's Training contract services expenditure account (no. 01114410 62300) for the following fiscal years: 25M-2 Anticipated -Expenditures Anticipated Revenue Max Expenditures Max Revenue FY 2017-18 $7,000 $19,710 $19,166 $54,000 FY 2018-19 $7,000 $19,710 $19,166 $54,000 FY 2019-20 $7,000 $19,710 $19,166 $54,000 FY 2020-21 $7,000 $19,710 $19,166 $54,000 FY 2021-22 $7,000 $19,710 $19,166 $54,000 Total $35,000 $95,550 $95,830 $270,000 25M-2 Agreement with Rancho Santiago Community College District December 5, 2017 Page 3 G aentin Acting Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: A�,ws�sz,)ZIr ly� Qom, Francisco GutierrezuUL Executive Director Finance and Management Services Agency Exhibit: 1. Agreement with Rancho Santiago Community College District 25M-3 25M-4 Exhibit 1 STANDARD INTER -AGENCY INSTRUCTIONAL SERVICES AGREEMENT With: i THIS AGREEMENT is entered into this 171h day of July, 2017, i by and between the Rancho Santiago Community College District, 2323 North Broadway, Santa Ana, California 92706-1640 (District) and the Santa Ana Police Department (Agency). RECITALS WHEREAS, under Government Code Section 53060 and Education Code Section 78021, the Rancho Santiago Community College District desires to contract with Agency as an independent contractor to the District; and WHEREAS, Agency has the personnel, expertise and equipment to provide the special services required herein, and WHEREAS, the public's interest, convenience and general welfare will be served by this contract; NOW THEREFORE, Agency and District agree as follows: PROVISIONS OF THE AGREEMENT A. AGENCY'S RESPONSIBILITIES 1. Services - Agency's responsibility shall be to diligently furnish to the District the services and materials as set forth in Attachment A, hereby incorporated in this Agreement by this reference. 2. Student Attendance Records. Records of student attendance and achievement will be maintained by Agency. Student attendance records will be open for review at all times by officials of the District and submitted on a schedule developed by the District. SAC -17--040 1 of 11 25M-5 3. Non -Discrimination. Agency agrees it will not engage in unlawful discrimination of persons because of race, color, religious creed, national origin, ancestry, physical handicap, medical condition, marital status, or age, or sex of such person. 4. Applicable Law. Agency agrees to comply with all federal, state, and local laws, rules regulations, and ordinances that are now or may in the future become applicable to Agency, Agency's business, equipment, and personnel engaged in operations covered by this agreement or occurring out of the performance of such operations. B. DISTRICT'S RESPONSIBILITIES 1. Educational Proeram. District is responsible for the educational program that will be conducted.on site. 2. Supervise and Control Instruction. The instruction to be claimed for apportionment under this contract shall be under the immediate supervision and control of a District employee (Title 5, Section 58058) who has met the minimum qualifications for instruction in a vocational subject in a California community college. 3. Instructor Who Is Not a District Employee - District's Responsibilities. Where Agency's instructor is not a paid employee of the District, the District shall have a written agreement with each such instructor who is conducting instruction for which Pull time Equivalency Students (FTES) are to be reported. The agreement shall state that the District has the primary right to control and direct the instructional activities of Agency's instructor. 4. Qualifications of Instructors. District shall list the minimum qualifications for instructors teaching these courses. Such qualifications shall be consistent with requirements specified by the District. SAC -17--040 2 of I1 25M-6 5. District's Control of and Direction for Instructors. District shall provide instructors with an orientation, instructors manual, course outlines, curriculum materials, testing and grading procedures, and any of the other necessary materials and services that it would provide to its hourly instructors on campus. 6. Courses of Instruction. The Courses of Instruction are specified in Attachment A to this Agreement. It is the District's responsibility to insure that the course outline of records are approved by the District's curriculum committee pursuant to Title 5 course standards, and that the courses have been approved by the District's board of trustees. 7. Different Section of Courses. District shall have procedures to insure that faculty teaching different sections of the same course teach in a manner consistent with the approved outline of record for that coarse. Such procedures apply to the faculty, courses, and the students. 8. Enrollment. District will advise Agency of the enrollment period, student enrollment fees, the number of class hours sufficient to meet the stated performance objectives, policy regarding the supervision and evaluation of students, and the procedure applicable to the withdrawal of students prior to completion of a course or program. 9. Obtaining Approval of Degree and Certificate Programs Is District's Responsibility. Il is required that degree and certificate programs have been approved by the State Chancellor's Office and courses that make up the programs must be part of the approved programs, or District must have received delegate authority to separately approve those courses locally. SAC -17-040 3 of 11 25M-7 10, Classes Held Outside of District. If the classes are to be located outside the boundaries of the District, the District must comply with the requirements of title 5, Sections 55230-55232, concerning approval by adjoining high school or community college districts and use of non -District facilities. 11. Funding Source. District shall certify that it does not receive full compensation for the direct education costs of the course from any public or private agency, individual, or group. 12. Certification. District is responsible for obtaining certification verifying that the instruction activity to be conducted will not be fully funded by other sources. (Title 5, Section 58051.5) C. FEES 1. Agency Fee and Expenses - The fee to be paid by District for the services and materials to be supplied hereunder is two dollars and seventy cents J11M per student contact hour, not to exceed 20,000 student contract hours or $54,000 per fiscal year. Annual limits shall not be exceeded without the express permission from the Dean of Human Services/Technology Division or the Assistant Dean of Criminal Justice Academies. 2. Agency shall invoice the District at the conclusion of each class, supplying mutually acceptable documentation of student contact hours for each class. SAC -17-040 4 of 11 25M-8 D. TERMS AND CONDITIONS Facilities . Agency and District agree the course shall be held at facilities that are clearly identified as being open to the general public. (Title 5, Section 58051.5) 2. Open Enrollment. District and Agency agree that enrollment in the course must be open to any person who has been admitted to the college and has met any applicable prerequisites. (Title 5, Sections 51006 and 59106) The District's policy on open enrollment is published in the college catalogue and schedule of classes (Title 5, Section 51006), along with a description of the course and information about whether the course is offered for credit and is transferable. (Title 5, Section 55005) 3. Support Services for Students. Agency and District shall ensure that ancillary and support services are provided to the students (e.g. Counseling and Guidance, and Placement Assistance). 4. Indemnification. All parties to this agreement agree to defend, indemnify, and hold harniless the other party, its officers, agents, employees, and volunteers, from and against all loss, cost, and expense arising out of any liability or claim of liability, sustained or claimed to have been sustained, arising out of the activities, or the performance or nonperformance of obligations under this agreement, of the indemnifying party, or those of any of its officers, agents, employees, or volunteers. The provisions of this article do not apply to any damage or loss caused solely by the negligence or intentional acts of the non -indemnifying party or any of its , officers, agents, employees, and volunteers. ,SAC -17-040 5 of 11 25M-9 5. Term. This Agreement shall be in effect for the period commencing July 17"i, 2017, through July 16", 2022, unless earlier terminated by either party in the manner set forth in in paragraph D(6) below. Either party may cancel or terminate this Agreement without cause upon 30 days prior written notice provided by either party. 6. Termination without Cause. Either party may cancel or terminate this Agreement without cause upon 30 days prior written notice provided by either party. In the event the agreement is terminated, all of the obligations of the terminating party shall be waived immediately upon written notice of termination to the other party. The terminating party may proceed with the work in any manner deemed proper and the costs associated with the work shall be deducted from any sum due the other party under this Agreement, and the balance, if any, shall be paid by the other party, Assignments. This Agreement is personal and shall not be assigned by Agency either in whole or in part. Any such purported assignment voids this Agreement. SAC -17-040 6 of 11 25M-10 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: If to District: Rancho Santiago Community College District Attn: Vice Chancellor, Business Operations and Fiscal Services 2323 North Broadway Santa Ana, California 92706 If submitting an invoice, insert: "Attn: Accounts Payable" If to Agency: City of Santa Ana Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92702 Fax:(714)245-5097 9. Time Is of the Essence. Time is of the essence for each of the provisions of this Agreement, and all the provisions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. 10. Modifications. No modifications or variations of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms of this Agreement unless trade in writing between the parties hereto, shall be binding on any of the parties hereto. SAC -17-040 7 of 11 25M-11 11. Insurance: Each Party to this Agreement shall insure or self - insure its activities in connection with this Agreement and obtain, keep in force and maintain during the term hereof insurance or self-insurance insuring against the peril of bodily injury, personal injury, property damage and including a contractual liability endorsement with a limit of liability at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate; California Workers' Compensation Insurance on their employees performing any services under this Agreement; and, such other insurance in such amounts which from time to time may be reasonably required by the mutual consent of the parties against other insurable risks relating to performance. Certificates of insurance or other satisfactory documentation, evidencing the insurance coverage specified herein is in full force and effect throughout the term of this Agreement may be requested by either party. SAC -17-040 8 of 11 25M-12 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on the day and year first written above. SANTA ANA POLICE DEPARTMENT 49K'bistrid; RANCHO SANTIAGO COMMUNITY tlJ L. COLLEGE DISTRICT By. Name: Peter J, flardash Title: Vice Chancellor of Business Onerations/Fiscal Services Date: APPROVED AS TO FORM: SONIA CARVAkIAL0 Ci y%Rhd��� B: Tamtfra Bogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: /DAVID VAI.1r N awpo—lice Chief Santa Ana Police Department Raul Godinez II City Manager ATTEST: MARIA D. HUIZAR Clerk of the Council SAGI7-040 9 of I I 25M-13 ATTACHMENT A STANDARD INTER -AGENCY SERVICES AGREEMENT SERVICES TO BE PROVIDED BY AGENCY 1. Teaching Approved Curriculum: All student contact hours submitted by the Agency to the District shall be part of a course of instruction that has either been approved by the Santa Ana College Curriculum and Instruction Council, or has been accepted as a topics course and approved by the college's Chief Instructional Officer. 2. Instructor Qualifications: All student contact hours submitted by the Agency to the District shall have been taught under the line of sight supervision of instructors who meet the I college's minimum or equivalent qualifications for hiring as part-time Liminal Justice Instructors. This expertise is furnished at the expense of the Agency. The services include the i use of their specialized equipment, facilities, all handouts, and instructors with specific expertise. 3. Non -overlap with other funding sources: The above instructional hours are conducted as FTI;S funded courses through the Criminal Justice Academies Department at Santa Ana College. 4. Enrollment of Students: Tire District will supply current student enrollnrentforms to the Agency who will return properly completed enrollment forms to the District prior to beginning instruction. SAC -17--040 10 of 11 25M-14 5. Instructional Activities: The Administrators of Rancho Santiago Community College District and Agency (and/or their designees) will meet at mutually agreed intervals to plan, schedule and budget for instructional activities. The joint consent of the District and the Agency shall precede any instructional activity. C. List of Courses - The following is a partial list of applicable courses for contract i instruction: 1) 034A Advanced Officer Training 2) 038A Tactical/Weapons Training 3) Related courses approved by the Assistant Dean, Criminal Justice Academies and specific to Criminal Justice and all other approved Criminal Justice related courses offered at Santa Ana College. SAG17--040 11 of 11 25M-15 25M-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: AGREEMENT WITH CALIFORNIA FORENSIC PHLEBOTOMY FOR BLOOD TECHNICIAN SERVICES (STRATEGIC PLAN NO.1, 1F) g&y�y� 0 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a one year agreement with California Forensic Phlebotomy, for the period of November 21, 2017 through November 20, 2018, to perform blood related technician services, in an amount not to exceed $84,000, subject to non -substantive changes approved by the City Manager and City Attorney. California Forensic Phlebotomy (CFP) is the current provider of blood and breath technician services for all Orange County law enforcement agencies. These technicians are responsible for drawing blood in a medically approved manner, retaining these items through an evidentiary approved process and relinquishing them to the Orange County Crime Lab for analysis. The Santa Ana Police Department has utilized CFP since 1992 and has confirmed it remains the sole source provider for this service in Orange County (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic / pedestrian / bicycle safety), Strategy F (Enhance the Police Department's community policing philosophy to balance both traditional policing and problem solving strategies to address and reduce violent, property and gang related crimes.) 25N-1 Agreement with California Forensic Phlebotomy December 5, 2017 Page 2 FISCAL IMPACT Funds for this agreement are available in the Police Department's Field Operations contract services account (no. 01114420-62300). J ntin Acting Chief of Police Santa Ana Police Department Exhibit 1: Agreement FY 2017-18 $ 49,000 FY 2018-19 $ 35,000 Total $ 84,000 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25N-2 Exhibit 1 AGREEMENT TO PROVIDE BLOOD DRAWING AND EVIDENCE CUSTODIAN SERVICES THIS AGREEMENT is made and entered into this 21st day of November, 2017 by and between, California Forensic Phlebotomy ("CFP" or "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of drawing blood on a routine and continual basis for the Santa Ana Police Department. CFP is the Sole Source blood draw and evidence custodian for all law enforcement agencies in the County of Orange. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the drawing of blood on a routine and continual basis and evidence custodian for the Santa Ana Police Department as set forth in Exhibit A, attached hereto and incorporated herein by reference. 2. COMPENSATION a. The total amount to be expended under this Agreement shall not exceed $84,000. The City agrees to pay, and Contractor agrees to accept a rate of $107 per draw. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 9 25N-3 3. TERM This Agreement shall commence on the date first written above and continue for a one year period until November 20, 2018, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be. at City's sole risk. Page,2 of 9 25N-4 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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 the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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. iv. Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fumish 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 Page 3 of 9 25N-5 election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDENINIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all Page 4 of 9 25N-6 work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 9 25N-7 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar; nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the tern of this Agreement, maintain all necessary licenses, pennits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City i runediately and Page 6 of 9 25N-8 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 California Forensics Phlebotomy 27762 Antonio Parkway Suite #L1-647 Ladera Ranch, CA 92694 Attn: Russ Liedholm 25N-9 Page 7 of 9 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Tamara Bogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: DAVID VALENTIN Acting Chief of Police CITY OF SANTA ANA Raul Godinez II City Manager CALIFORNIA FORENSICS PHLEBOTOMY, INC.: Russ Liedholm President Tax ID# 25N-10 Page 8 of 9 SCOPE OF SERVICES 25N-11 California Forensic Phlebotomy, Inc. www.californlaforensicphlebotomy.com SCOPE OF WORK 27762 Antonio Parkway, Suite L1-647 Ladera Ranch, CA 92694 24 Hour Technician Response (714) 529-0515 Administration (949) 309-2459 Fax (949) 203-2133 cvc23158@aol.com Contractor to provide employees who shall remain available on an on-call basis at all times, seven (7) days per week, twenty-four (24) hours per day, three hundred sixty five (365) a year, and agree to said employees to conduct tests identified in the City agreement, as requested. Locations for taking of blood samples shall include, but not limited to: Santa Ana Police Department, local hospitals, Orange County Jail field locations in and around the City of Santa Ana. Contractor to provide related employees to appear and conduct requested tests within forty-five (45) minutes of such request. Contractor to provide twenty-four (24) access to a supervisor to remedy any problems or questions that may arise. Contractor to provide medical supplies and equipment necessary to conduct tests at no cost to the City. Contractor to provide transportation for employees at no cost to the City. Contractors employees, upon request of the City and/or the Orange County District Attorney, shall appear in court or any other designated location, at no additional cost, for the purpose of discussion or testimony concerning collecting of samples. Contractors said employees agree to appear in court at the time designated by the City and/or_ the Orange County District Attorney. The City and/or the District Attorney will provide at least two (2) hours' notice to such appearance. In addition to applicable laws, all blood sample collection and subsequent handling shall be conducted in accordance with direction and procedures prescribed by the Orange County Sheriff Department Forensic Sciences Services Division. Only employees of the Contractor, deemed acceptable by the City, hereunder shall perform services; the City will refuse to permit blood samples to be collected by any employee of Contractor considered, by the City in its sole discretion, to be unacceptable. All blood samples shall be refrigerated immediately and deposited by the Contractor at the County of Orange's refrigerated blood locker within (6) hours of withdrawal. Contractor to provide at Contractors expense, supplies necessary to ensure that blood samples are properly refrigerated as directed by the Orange County Sheriff Department Forensic Science Services Division. 25N-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED APPROVE AGREEMENT WITH PSOMAS, ❑ As Recommended INC., TO PROVIDE ENGINEERING DESIGN ❑ As Amended ❑ Ordinance on 1s' Reading SERVICES FOR WELL NO. 29 ❑ Ordinance on 2nd Reading REHABILITATION (PROJECT NO. 18-6491) ❑ implementing Resolution BID NO. 16-110 ❑ Set Public Hearing For (STRATEGIC PLAN NO. 6, 1C) CITY ANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with PSOMAS, Inc., to provide design engineering services for Well No. 29 Rehabilitation, for a three-year period from December 5, 2017, through December 4, 2020, with provisions for one two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $625,000 for the term of the contract, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Well No. 29, located at the intersection of Flower and First Street (Exhibit 1), was first constructed in the 1980s. It is one of the three wells feeding the Walnut Pump Station and is the primary water source for the City's downtown. However, this well has been inactive for the last year, the result of a traffic accident which impacted the chlorination system unit onsite and damaged other well appurtenances. Additionally, this site currently possesses ingress and egress challenges to maintenance personnel accessing the site for their daily maintenance and operations. Staff is recommending to rehabilitate the well and the site to include the following improvements: new electrical, mechanical, and system controls equipment; new block building to protect the equipment from the elements; and site accessibility improvements, while maintaining harmonious cohesiveness with the neighborhood. This project was included in the Capital Improvement Projects (CIP) program for Fiscal Year 2017-18. On July 11, 2017, the Public Works Agency released a Request for Proposal (RFP) for engineering design services for Well No. 29 Rehabilitation. The RFP was posted on the City's website, and qualified consulting firms were notified. Four proposals were received and evaluated by a review committee from the Public Works Agency. Each firm was rated according to its organization, credentials, resumes, references, and fees to provide the required services. All four of the proposals received were responsive. The following is the list of the firms and their respective proposal scores: 250-1 Agreement with PSOMAS Inc., for Well No. 29 Rehabilitation Engineering Design Services December 5, 2017 Page 2 FIRM SCORE PSOMAS, Inc. 93 Tetra Tech, Inc. 89 HAZEN 87 Phillio West & Associates 83 Based on the ratings, staff recommends that PSOMAS, Inc., be retained to provide engineering design services for Well No. 29 to restore it to service. 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $625,000 are budgeted and available for expenditure in the Water Utility Capital Projects Fund (Account No. 06617647-66301, Project No. 18-6491). Any unspent and encumbered balance will be carried forward into subsequent fiscal years as needed to fulfill the agreement. Funds are estimated to be spent as follows: FISCAL YEAR AMOUNT 2017-18 $250,66-0- 2018-19 $300,000 2019-20 $70,000 2020-21 $5,000 TOTAL: $625,000 Fred Mousavipour Executive Director Public Works Agency FM/WEG/JG/AF Exhibits: 1. Location Map 2. Agreement - PSOMAS, Inc. APPROVED AS TO FUNDS & ACCOUNTS: �1 Francisco Gutierrez Executive Director Finance & Management Services Agency 250-2 250-4 EXHIBIT 2 AGREEMENT TO PROVIDE ENGINEERING DESIGN SERVICES FOR REHABILITATION OF CITY WELL 29 THIS AGREEMENT is made and entered into this 5th -day of-Ddcember; 2017 by and between PSOMAS,.hrc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 11, 2017, the City issued Request for Proposal No, 16-110, by which it sought a consultant to provide engineering design services for the rehabilitation of City Well 29. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 16-110 and attached as Exhibit A to this Agreement. C. In undertaking the performance. of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES AND CONSULTANT'S PROPOSAL Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $625,000. This amount is comprised of (1) the base sum of $465,353 for the required tasks 1-14, (2) $70,380 for optional task 15, and (3) a contingency of $89,267 for services to be performed at the sole discretion of the City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. "1101119 This Agreement shall commence on the date first written above and continue through December 4, 2020, unless terminated earlier in accordance with Section 16, below. The term of Page 1 of 8 250-5 this Agreement may be extended for up to one additional two (2) -year period upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONSULTANT Consultant shall, during the entire tenn of this Agreement, be construed to be an independent consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data'). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 250-6 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, and volunteers as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, and agents 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 the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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. iv. Consultant shall supply City with a fully executed additional insured endorsement. f. 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 Page 3 of 8 250-7 election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subconsultants, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by Consultant's negligence in the performance of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold hamiless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, 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 Consultant's negligence in the performance of this Agreement__ City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 8 250-8 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 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 and as further specified in the certifications submitted in Consultant's proposal and incorporated in this Agreement by reference. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 8 250-9 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of ternunation. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by 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 Page 6 of 8 250-10 exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Fred Mousavipour Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Consultant: PSOMAS, Inc. 3 Hutton Center Drive, Suite 200 Santa Ana, CA 92707 Attn: Joseph L. Boyle, Vice President Fax: 714-545-8883 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, Page 7 of 8 250-11 communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: y John FA Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: Name: Title: 250-12 Page 8 of 8 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WELL 29- REHABILITATION ENGINEERING DESIGN SERVICES RFP NO.: 16-110 Introduction and Backeround: The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 340,000 people. The City operates a water distribution system including over 450 miles of water main and over 44,000 water services. The City pumps water from the groundwater basin through an existing water well network that includes 21 wells and pump stations. Well 29 is located at the intersection of First Street and Flower Street. It is the City's goal to rehabilitate Well 29 and to improve the site accessibility for water staff and personnel to perform maintenance duties. This well is one of three wells serving the downtown area and its part of the Walnut Pump Station System. A more detailed background is provided in Attachment -4, Well 29 Improvements Alternative Analysis. The City has elected to move forward with alternative (3) - Recommended Improvements for this well facility as defined in the analysis. This project requires the development of engineering construction plans, specifications and estimates for the complete rehabilitation of the well. These include: a new building structure to house the electrical and mechanical components that control the pump and motor, a water distribution piping system, well site and landscaping improvements, and public works improvements. Specific items are identified below and in Attachment -4. Description of Work: The selected firm/s shall provide the City with the following services as described herein. Task 1. Project Administration and Agency Coordination Kick -Off Meetine Upon receipt of a written Notice to Proceed from the City, the Consultant shall conduct a kickoff meeting with the City Public Works Agency staff to review the Scope of Services, develop an overall Project Schedule and confirm the deliverables. The Project schedule should include each task, milestones, critical path designation and a schedule for progress meetings. Agency Coordination Well 29 is a City of Santa Ana facility and therefore, it is important to coordinate all work with the City's Public Works Agency- Water Resources Division to obtain their input and include them in all critical decision making. In addition, the Consultant will be required to coordinate their City of Santa Ana RFP 16-110 Page Al -1 250-13 activities with third party agencies including, but not limited to, utility companies, California Water Resources Control Board, Orange County Water District, Santa Ana Unified School District (SAUSD) and other City Agencies/Departments, and adjacent property owners. For the purposes of this RFP, assume up to twelve (12) meetings. The Consultant shall be responsible for organizing all meetings including the preparation of agendas, meeting minutes and distribution of all documentation to all attending parties or as required. Proiect Milestone/Monthly Meeting Consultant shall be prepared to present regular Project progress report(s) to City staff each month or as otherwise agreed upon with the Project Manager. Consultant shall make sure City staff is included in all regularly scheduled progress meetings. Consultant is responsible for organizing these meetings including preparing agenda(s), compiling meeting minutes, and distributing the minutes to all attending or as required. Task 2. As Built. Utility Research and Survey Consultant shall conduct As -Built and utility research within the Project area. Consultant shall be responsible for researching all applicable agencies and utility company records. Consultant shall be responsible for preparing a complete list of all underground and overhead utilities in the Project area. Consultant shall work with all underground and overhead utility in obtaining these companies' near term (next 5 years) improvement information and schedule. Upon completion of all required research of underground and overhead utility and oil company lines, the consultant shall provide a comprehensive utility and line map including any planned near tern improvements. Consultant shall prepare a complete list of all As-Built/Record Drawings found, what agency they were found in and this information shall be referenced in the Basis of Design and final Plans and Specifications. A topographic and design survey shall be included under this task. The Consultant shall be responsible for developing a potholing location plan and when approved by the City's Project Manager, will be responsible for conducting the required potholing. The Consultant shall be responsible for scheduling all potholing with the City's Project Manager a minimum of two (2) weeks in advance of when any potholing will be conducted. The Consultant shall submit all traffic control plans related to potholing activities to City staff for review. The Consultant shall log all potholing information and is responsible for including this information in the Basis of Design and on the Final Design Plans. For the purposes of this RFP, the Consultant shall assume a maximum of twelve (10) potholes will be required. The Consultant/Contractor will be required to obtain "no fee" permits for all geotechnical potholing. Backfill and paving will be as required by the Permitting section of the Public Works Agency. The pavement section shall match the existing pavement thickness at a minimum. The Consultant shall research all available records at the City, to verify the existing right-of-way for the project area and confirm ownership of the right-ef--way. The Consultant shall review the available information and will inform the City of any issues of concern regarding potential problems having to do with prior rights, license agreements, encumbrances, etc. Task 3. Geotechnical Recommendations The Consultant shall be responsible for conducting necessary geotechnical testing to determine the existing pavement and base thickness, sub -grade soil type and evaluation of the structural section's condition. The Consultant shall perform field and laboratory testing as necessary to recommend pipe bedding requirements, pump house foundation requirements, excavation and shoring City of Santa Ana RFP 16-110 .� Page Al -2 250-14 requirements, retaining walls as required and a new pavement structural section throughout the Project limits. The Consultant shall perform foundation design analysis, provide earthwork/structural recommendations, pipe bedding requirements, and pavement reconstruction details for the construction of the Project. This information will be included in the Basis of Design, on the Final Design Plans and in the Final Specifications. The Consultant shall be responsible for preparing traffic control plans for all geotechnical field work and will be responsible for notifying the Project Manager two (2) weeks in advance of any geotechnical field work being conducted. The Consultant shall submit all traffic control plans to City staff for review. The Consultant/Contractor will be required to obtain "no fee" permits for all geotechnical potholing. Backfill and paving will be as required by the Permitting section of the Public Works Agency. The pavement section shall match the existing pavement section at a minimum. Task 4. Well Assessment including Operations, Capacity, and Safety Evaluation The Consultant shall use as -built plans, well performance and production records, conduct field inspections and interview City staff to evaluate the existing well operations and understand the site constraints. The Consultant is required to coordinate all field investigations of the existing well with the City's Project manager. The City shall perform a down well video inspection of the well and provide to consultant for review. Consultant shall identify and recommend well repairs and or rehabilitation methods as required. Task 5. Well Site- Operational Design Standard and Criteria The Consultant shall work with City staff to determine the applicable design standards and criteria in addition to those defined by the Study. The Consultant shall consider other possible agency design criteria and/or standards as. necessary. A maximum of two (2) three (3) hour workshop sessions shall be conducted with the Project Manager, City Operations staff and the Consultant design team. The Consultant shall be responsible for organizing the meeting including obtaining background information for discussion, preparing the agenda, compiling meeting minutes and action items, as well as distributing the minutes as required. Elements to be discussed shall include, but not be limited to, operational parameters, ideal control conditions, and operator experience. Task 6. Basis of Design Upon completion of Tasks 2 through 5 above, the Consultant shall prepare a Basis of Design Report including elements and findings from all of the Tasks. The Basis of Design Report shall summarize all of the alternatives and outline the agreed upon alternative including reasons why the alternative was chosen. The Basis of Design includes 30% drawings of the chosen alternative including all proposed improvements, The Basis of Design Report shall be stamped and signed by a California Registered Civil Engineer. Prior to completion of the final Basis of Design Report, the Consultant shall prepare and submit for review a draft Basis of Design Report to City staff. The Basis of Design will include, but not be limited to, such issues as: 1. An overall evaluation of the existing well site based on current design standards. 2. Make recommendations for Well 29 improvements including site alternatives (two minimum) for the building as well as related discharge piping. Propose possible building architectural features that can be incorporated into the local neighborhood surroundings City of Santa Ana RFP 16-110 Page Al -3 250-15 and provide concept drawings of the new building. This rendering will need approval by the City's Planning and Building Division. 3. Identify new Well 29 station improvements needed to improve operations, reliability, and safety. It is the City's assumption that this well will require rehabilitation and or redevelopment. Provide recommendations for well redevelopment and or rehabilitation and incorporate elements identified on the Alternative Analysis (Attachment -4) as appropriate. Note: this well site is not expected to have a permanent back-up power system on-site. 4. Prepare preliminary horizontal alignment and profile of water distribution main upgrades including all utility relocations, Optional - storm drain improvements for the drain to waste line during well startup procedures. 5. Prepare preliminary horizontal alignment and profile of well discharge piping system. 6. Identify site improvements that will be altered due to the construction and by adding a new well building tennis court relocations, drainage improvements, and other facility improvements. 7. Prepare the Storm Water Pollution Prevention Plan (SWPPP) and Best Management Practices (BMP's) Plan as applicable to this project. 8. Prepare a preliminary assessment to apply for ENVISION Sustainable Infrastructure (Bronze) 9. Prepare a preliminary estimate of probable cost. 10. Prepare the staging phase for construction including a traffic management plan and traffic control plans. 11. Outline the submittal and approval process of all required permits for the project. This includes estimated time frames for processing said permits. 12. Prepare required documents and assist in Environmental approvals. In the event that an Environmental Impact Report (LIR) is deemed necessary, the Consultant shall prepare all necessary documentation as required by CEQA. The Consultant shall include an initial study and mitigated negative declaration in their proposal fee. A fee for an EIR shall be an optional item in the event that an EIR is required. Upon receiving comments from the Project Manager, the Consultant shall incorporate all appropriate and agreed upon comments and submit the final Basis of Design Report. The final submittal of the Basis of Design Report shall include five (5) hard copies and one bound accordingly and one (1) electronic copy and shall be delivered to the Project Manager. Task 7. 60% Construction Document (PS&E) Submittal The Consultant shall prepare 60% design plans, specifications and estimate of probable costs (PS&E's) in accordance with the approved criteria as outlined in the Final Basis of Design as prepared in Task 10 above. The 60% completion documentation shall be prepared using current City Standards, other agency standards where applicable, and good engineering practice. The 60% completion documentation shall be submitted to the City for review. Other agencies' review may be required if noted in the Final Basis of Design Report. Two (2) hard copies of full size (36x24) plan sets, four (4) hard copies of half size (11x17) plan sets and one (1) electronic pdf copy of the 50% PS&E's to the Project Manager. All electronic CAD files must be in the MicroStation v8i format or compatible. The 60% PS&E submittal should include plans of all disciplines for the proposed storm drain improvements and for the pump station capacity improvements including all civil, mechanical, electrical, geotechnical, structural, and any other design required, overall outline of the City of Santa Ana RFP 16-110 Page AlA 250-16 specifications with some detail included and an engineer's estimate of probable costs with preliminary quantities and unit costs. The 60% PS&E submittal shall also include 60% drawings and specifications related to system integration and controls as described in Task 8 below. Task 8. PLC Panel Design and Control Strategies The City will provide to the Consultant with Functional Specification document which outlines the physical components, instrumentation, operating parameters, alarm logic, Human Machine Interface (HMI) capabilities, remote and local control strategies, communication logic and full capabilities of the well site. The Consultant shall review the existing Functional Specification and update/revise as necessary to incorporate any site and well improvements identified and incorporated into the plans. The Consultant shall enhance existing operational practices by exploiting new capabilities or functionality of technology, recommend corrections to current deficiencies, recommend improvements, as well as enhance reporting, monitoring and system controls capabilities. The Consultant shall plan for a minimum of two (2) work sessions (3 hours each) with City Staff to develop and update the Functional Specification documents. The City will provide to the Consultant a copy of the City's standard control panel drawings and specifications. The Consultant shall develop control panel drawings for Well 29 in compliance with the standards. Each panel drawing shall fully specify all system equipment in the panel, including but not limited to, PLCs, HMI's, Radios, input/output cards, timers, fuses, switches, panel dimensions, backup power supplies and relays. Panel drawings shall be detailed and precise for construction and fabrication purposes. a. Drawings shall include, but not be limited to, all wiring diagrams for each panel including analog inputs, analog outputs, discrete inputs, discrete outputs, terminal blocks, etc. This design shall be provided to the Contractor for fabrication. b. The loop diagrams shall include content required by ANSFISA 55.4 - Instrument Loop Diagrams, c. Control panel drawings shall also have Factory Acceptance Test (FAT) requirements and Site Acceptance Test (SAT) requirements. Acceptance testing requirements will be developed based on all operational and audit workshops conducted and be individually created based on the applied site. Clear definitions of acceptance criteria will be required. City will provide example FAT and SAT criteria from previous projects for use in development of Well 29 testing criteria. d. In the event of a failed FAT or SAT, procedures for correction and retesting shall be defined. e. The Consultant shall witness and act, as the City's agent, for all factory and on-site functional and performance acceptance testing. Documentation and coordination of resolution for all discrepancies will be required. This requirement shall apply to any site undergoing maintenance improvements. The Consultant shall assume a maximum of 40 hours to ensure FAT and SAT compliance. f. Drawings shall include all standard field wire labeling requirements, wire termination, color coding of wiring and devices as well as nameplates. Task 9.100% Construction Document (PS&E) Submittal Utilizing comments received from the various reviewers, the Consultant shall prepare the 100% PS&E's in accordance with the approved Basis of Design Report as prepared in Task 6. The Consultant shall be required to compile in a matrix format all 60% comments received and responses made by the Consultant for review by the Proj ect Manager. A column in the matrix will City of Santa Ana RFP 16-110 Page Al -5 250-17 outline any action taken by the Consultant in resolving the comment. This spreadsheet will be submitted to all reviewers as part of the 100% PS&E submittal. If needed, the Consultant shall schedule review meetings with key reviewers to clarify any comments and resolve any conflicting comments. All comments from the 60% review must be addressed and incorporated into the 100% PS&E's as stated in the response matrix. The 100% PS&E submittal shall include a complete set of improvement plans including all disciplines and all detail sheets. The 100% Specifications/Bid Documents shall be a complete package with all bid items included. The 100% engineer's estimate of probable costs shall be complete including updated quantities, unit prices, and carried totals for each bid iter) and a grand total for the Project. Two (2) hard copies of full size (36x24) plan sets, four (4) hard copies of half size (1lxl7) plan sets, one (1) electronic pdf copy of the 100% PS&E's shall be delivered to the Project Manager. Design files, e.g., digital terrain model and alignment files in InRoads may be submitted to expedite the review process. Task 10. Final Construction Document (PS&E) Submittal After receiving any comments on the 100% submittal from the various reviewers, the Consultant shall prepare Final PS&E's ready for bidding. The Consultant shall be required to compile in a matrix format all 100% comments received and responses by the Consultant for review by the Project Manager. A column in the matrix will outline any action taken by the Consultant in resolving the comment. This spreadsheet will be submitted to all reviewers prior to and as part of the Final PS&E submittal. If needed, the Consultant shall schedule review meetings with key reviewers to clarify any comments and resolve any conflicting comments. All comments from the 100% review will be addressed and where required will be incorporated into the Final PS&E's. The Final PS&E submittal shall include a complete set of improvement plans including all disciplines, all detail sheets and shall be signed by a registered engineer in the State of California for each discipline. The Final Specifications/Bid Documents submittal shall be a complete package with all sections of the standard City bid documents included and will have listed all bid items in the standard form. The Final Engineer's estimate of Probable Costs shall be complete including final quantities, unit prices, carried totals for each bid item, a grand total for the Project. Two (2) hard copies of full size (36x24) plan sets, four (4) hard copies of half size (11x1') plan sets, one (1) electronic copy of the final PS&E's shall be delivered to the Project Manager, The Consultant shall be responsible for addressing any final comments to the plans, specifications and engineer's estimate of probable costs based on input from the Project Manager prior to going to bid. Task 11. Bidding Phase Services Throughout the bidding and construction process, the Consultant shall be required to assist the Project Manager in the following items: a. Assist in responding to questions raised during the bidding process including preparation of any addenda. b. Attend the pre -construction meeting and construction kick-off meeting. Task 12. Construction Phase Services City of Santa Ana RFP 16-110 Page Al -6 250-18 Throughout the construction process, the Consultant shall be required to assist the Project Manager in the following items: a. Respond in writing to any contractor's questions (BFI's) during construction. Assume a total of thirty (30) RFI's for purposes of this proposal. Assume that ten (10) will require design sketches or exhibits. b. Attend site visits to clarify design issues in the field as required by City staff. Assume a total of twenty (20) hours for site visits and construction meetings. C. Collect and compile all equipment and product information provided by the Contractor and incorporate into an Operations and Maintenance manual. The manual will include the specifications, maintenance recommendations and warranty information. d. Assist the City with start-up of the facility upon commissioning of the well into operation. Assume a total of forty (20) hours for the purposes of this proposal. e. Evaluate and respond to the Contractor's requests for change orders. Assume a maximum of six (6) requests that will need attention. f. Factory and Site Acceptance Testing as required and described in Task S. g. Review shop drawings, samples, equipment specifications and other submittals. Assume (80) submittal reviews for purposes of this proposal. The Consultant will review RFI's and shop drawings during construction when forwarded by the City's Construction Project Manager. Consultant may be required to visit the construction site to resolve construction issues. Task 13. As -Built Preparation Upon receipt and acceptance of the field As -Built construction drawings from the Project Manager, the Consultant shall prepare final As -Built drawings incorporating any changes that occurred during the construction. Field changes shall include all civil, electrical, controls and mechanical disciplines. The Consultant shall submit one (1) full size (36x24) hard copy of the As -Built drawings to the Project Manager along with one (1) electronic copy in MicroStation format. The final As -Built drawings and RFT log shall be stamped and signed by a Registered Civil Engineer in the State of California. Task 14. Operations and Maintenance Manual After construction has been completed and the site has been commissioned, the Consultant shall finalize an operational site manual that fully defines how the site functions. Care shall be taken to address the blending strategies and parameters for Well 29 to remain in operation. In addition, all Operator duties shall be defined and procedures for field checking common errors shall be established. The intent of this site manual is to define standard operating procedures for field operations. Additional Work The Consultant is encouraged in its proposal to identify any additional work that is not specified in this Scope of Work that would be, in its opinion necessary or of benefit to complete the Project as defined herein. If identified, this Additional Work must be included and separated out in the Consultant's Proposal and Fee Schedule. General Requirements and Project Deliverables: City of Santa Ana RFP 16-110 Page Al -7 250-19 The consulting firm/s are responsible for any damage to utilities during the locating efforts. Consultant Responsibilities: The consultant shall be available to provide on-call services within 48 -hours for unplanned utility locating services. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein, • Location Map • Water well As -Built Plans • Well 29 Improvements Alternative Analysis • Well 29 Functional Specifications • PLC Control Panel Standards • Bus Shelter Standard Plan (Detail) and Specifications Fee Proposal: In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. The fee should include all items listed on this documents. In addition; all optional services such as the environmental CEQA Preparation, and the Storm Water Drainage Improvements shall be listed below the base bid. City of Santa Ana RFP 16-110 Page Al -8 250-20 250-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: AMEND AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC., FOR PROVISION, INSTALLATION, AND REMOVAL OF TRAFFIC BARRICADES (PROJECT NO. 17-6612) (STRATEGIC PLAN NO. 6, 1C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a contract amendment with California Barricade Rentals, Inc., to include the provision of traffic control equipment for traffic safety on the First Street Bridge, increasing the compensation for the original term of the agreement by $50,000, for a total amount not -to -exceed $120,000 for services performed through December 31, 2017, and further amending the Contractor rates and charges for services and equipment as identified in Exhibit A of the agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the reallocation of $50,000 in unspent FY 2013/14 Gas Tax Funds remaining from various completed projects to the Emergency Repairs at Four Locations project to be utilized for the First Street Bridge over the Santa Ana River through the above referenced agreement. DISCUSSION The City of Santa Ana Parks, Recreation, and Community Services Agency (PRCSA) has an existing contract with California Barricade Rentals, Inc. (California Barricades) to provide traffic control for various City -hosted events throughout the year. These events include Cinco de Mayo and Fiestas Patrias, among others. The contract was procured through the standard 'Request for Proposals" (RFP) process and approved by City Council in March 2017. The contract authorizes expenditures up to $70,000 for the calendar year of 2017, with two one-year renewal options at $70,000 annually, for a maximum amount of $210,000. The amendment expands the scope of services to allow continued provision of equipment to the Public Works Agency, to maintain lane closures and ensure traffic safety on the First Street Bridge, and adds $50,000 to the compensation for the period ending December 31, 2017. 25P-1 Amend Agreement with California Barricade Rentals for Provision, Installation, and Removal of Traffic Barricades December 5, 2017 Page 2 In June, 2017, shortly after the original agreement was executed, traffic control services on the First Street Bridge over the Santa Ana River were needed in response to a second fire under the bridge. (The first fire occurred in December 2016.) The June fire resulted in damage to the bridge structure — specifically the support beams. Consequently, as a safety precaution and as recommended by a bridge structural engineer, westbound traffic lanes on First Street were closed to reduce the traffic loads and vibrations on the bridge. The lanes need to remain closed until all structural testing and repairs are completed. Public Works staff anticipates completion of the testing and related repairs by January 2018. Under these emergency conditions, California Barricades was contracted to put the required traffic control measures in place on the First Street Bridge and continues to provide this service. To maintain the lane closures and ensure traffic safety, staff recommends amending the first year of the existing agreement to include the Public Works services and increasing the compensation by $50,000 through December 31, 2017. The two one-year renewal options will remain as originally awarded. 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of this Council action will authorize reallocation of $50,000 in unspent FY 2013/14 Gas Tax Funds (Account No. 05917663-66220) remaining from various completed projects to the Emergency Repairs at Four Locations project (No. 17-6612) for expenditure through December 31, 2017. APPROVED AS TO FUNDS & ACCOUNTS: Fred Mousavipour Francisco Gutierrez (V Executive Director Executive Director I - Public Works Agency Finance & Management Services Agency FM/EWG/CW Exhibit 1: Agreement 25P-2 FIRST AMENDMENT TO AGREEMENT WITH CALIFORNIA BARRICADE RENTALS FOR PROVISION. INSTALLATION. AND REMOVAL OF TRAFFIC BARRICADES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on December 5, 2017 by and between California Barricade Rentals, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement #A-2017-057, dated March 21, 2017 ("Agreement"), by which Contractor agreed to provide traffic barricade equipment to the Parks, Recreation, and Community Services Agency for various City -hosted events. B. The Agreement remains in effect through December 31, 2017, and may be extended for an additional two years. The maximum amount to be expended through December 31, 2017 is $70,000. The maximum amount to be expended for each additional year is also $70,000. C. Under the Agreement, the City may request additional equipment or services during the term of the Agreement. Such equipment and services have been utilized by the Public Works Agency for the provision of traffic control equipment at the First Street Bridge, as a result of testing and repairs being made to the bridge. D. The Agreement remains in effect, and the parties now wish to amend the Agreement by expanding the scope of services to allow the continued provision of equipment to the Public Works Agency to maintain lane closures and ensure traffic safety on the First Street Bridge and to adjust the compensation for the period ending December 31, 2017. The parties therefore agree: 1. Section 1, Scope of Services, is amended to include the provision of traffic control equipment to the Public Works Agency to maintain lane closure and ensure traffic safety on the First Street Bridge. 2. Section 2, Compensation, is amended to include an additional $50,000 for services to be performed by Contractor through December 31, 2017, so that the total sum to be expended through that date shall not exceed $120,000. 3. Section 2, Compensation, is further amended such that the applicable rates and charges for services and equipment provided by Contractor shall be those described in Exhibit A to this First Amendment. Exhibit A shall fully supersede the original Exhibit A included in the Agreement. 4. Except as modified by this First Amendment, and all prior amendments, all terms and conditions of the Agreement remain unchanged and in full force and effect. -- signatures appear on following page — Page 1 of 2 ioiv IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: ` xt6 !w I e ,A JOHYfi. FUNK Assistant City Attorney FOR APPROVAL Fred Mousavipour, Executive Director Public Works Agency FOR APPROVAL Gerardo Monet, Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR Name: Title: Page 2 of 2 25P-4 EXHIBIT A ATTACHMENT 3-7 PRICE LIST SERVICE: TRAFFIC CONTROL EQUIPMENT California Barricade, Inc. is a company with the capacity to provide traffic control equipment for various events. Below is our proposal based on the sample listing of equipment provided for previous large scale events. Rental.... Quantity Price Per Unit.. Per Day '..: ' Extended Price Per Day. Arrow Boards 7 $35.00 ' $245.00 Message Board 1 $95.00 .:. $95.00 Pedestrian Barricade 100 $3.30 $330.00 Parade Barricade 100 $1.65 5165.00 Water Filled K -Rail 49 $3,30 .: $161.70 Type I Barricade 35 $0.25 $8.75 Type III Barricade 45 $1.35. `:', .. $60.75 Type I Barricade with Sign 166 $0.70 `_ $116.20 Type III Barricade with Sign 40 $1.95 A78.00 Service Quantity'Extended Price per _ Occurrence , Price Water Truck Service (49 units) 1 $900.00: $900.00 Labor Quantity. Per Hour .. Per Technician, Extended Price' Per Hour Traffic Control Technician -Certified 15 $70.00 $1,050.00 It is understood traffic control plans will be specific for individual events. The contractor is expected to work with various city departments, particularly the Santa Ana Police department and Planning and Building Agency. California Barricade has done so in the past with great success, and will continue to do so. 25P-5 ATTACHMENT 3-7 PRICE LIST First St. & Fairview St., Santa Ana — Lonn Term Rental Rental Quantity Price Per Unit Per Month. Extended -Price,. P& Mcnth Arrow Boards 2 $800.00 $1,600.00 Message Board 1 $1200.00: $1,200,00 Type I Barricade with Flasher & Sign 4 $19.80 :- $79.20 Type I Barricade with Sign 4 $16.80 ::-, $67.20 Type III Barricade with Flasher & Sign 11 i $52.80 '' $580.80 Delineators 58 $4.80 $278.40 Senac.eantit Qu Y OPrice Per ccurrence. Exfendetl Price::. Double Lane Closure — Set &Leave 1 $1,180.00 $1,180.00 Double Lane Closure—Removal ] $1,180.00 $1,180.00 Closure Maintenance 7 $300.00 $2,100.00 Delivery and/or Pick Up3 1 $50.00 %, $100.00 Overtime.Delivery and/or Pick Up 2 $330.00 $660.00 First St. & Fairview St., Santa Ana — Arrow Board Damnve Sales Item Qaanfityl UnitPnco. Extended Price Damaged Arrow Board#100 (Total Loss) 1 $3,195.00 $3,195.00 Damaged Arrow Board #108 (replaced fender, axle assembly. jack legs, lift cable, tail light assembly, 1 $690.80. $690.80 wheel, tire & hitch) Subtotal $3,885.80 Sales Tax $301.15 TOTAL $4,186.95 Labor Quantity Exteoded.Price Labor for Arrow Board Repair 1 $380.00 25P-6 ATTACHMENT 3-7 PRICE LIST First St. & Fairview St., Santa Ana —Purchase Item Quantity Unit Price : ixtended Price W ANCO Solar Powered Trailer Mounted Arrow Board (WTSP55- 2 $3,750.00 $7,500.00 LSAC C30 Lane Closed 3000 Engineer 8 $39.15 $313.20 Grade Aluminum Sign G20-2 End Road Work 36x18 4 $30.15 $120.60 Engineer Grade Aluminum Sign W20-1 Road Work Ahead 36x36 4 $5].90 $207.60 Engineer Grade AluminumSign W20 -5R Right Lane Closed Ahead 36x36 Engineer Grade Aluminum 1 $51.90 ; .:' $51.90 Sign W4 -2R Transition Symbol Right 3606 Engineer Grade Aluminum 2 $51.90 $103.80 sign Type 1 Barricade 4 $23.75 .. $95.00 Type IBarricade with Flasher 4 $41.00 $164.00 Type III Barricade with (2) Flashers 11 $130.80 $1,438.80 Delineators 58 $15.30 $887.40 Subtotal $10,882.30 Sales Tax $843.38 TOTAL $11,725.68 25P-7 25P-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: AMENDMENT TO OC STREETCAR USE OF RIGHT OF WAY COOPERATIVE AGREEMENT (PROJECT 17-6766) (NON -GENERAL FUND) (STRATEGIC PLAN NOS. 3, 2C, 4B; 6, 1G) r ClMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a first amendment to the Use of Right of Way Cooperative Agreement with the Orange County Transportation Authority to facilitate the operation of the OC Streetcar Project in City right of way, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On February 7, 2017, City Council approved a Use of Right of Way Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the OC Streetcar Project. The agreement defines the limits of use and each agency's roles, responsibilities, and commitments as they relate to OCTA's facilities in the public right of way. The Cooperative Agreement was subsequently executed by OCTA on March 13, 2017 (Exhibit 1). The Federal Transit Administration (FTA), the primary funding agency, expressed concerns about language in the right of way cooperative agreement between the City of Santa Ana and OCTA regarding the disposition of streetcar system property, specifically with the language in Exhibit B, Section 9.0, DUTY TO RESTORE. The concern was that the language gave the City the option to require OCTA to keep in place streetcar improvements at no cost to the City, should OCTA wish to discontinue service, and that this language did not comply with the disposition requirements for federally assisted property. This first amendment to the Use of Right of Way Cooperative Agreement modifies "Exhibit B, Use of City Right of Way." Section 9.0 of the amended Exhibit B includes new language stipulating that, once the agreement has expired or terminated, the City shall have the option to leave any federally assisted property in place, provided that the City purchase the property in accordance with applicable law and FTA grant requirements. The amendment does not impact the City's right to have OCTA remove OC Streetcar infrastructure and restore the property and the 25Q-1 Amendment to OC Streetcar Use of Right of Way Cooperative Agreement December 5, 2017 Page 2 adjoining streets or other public facilities to a condition consistent with City standard plans, at the sole cost of OCTA. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet the following Strategic Plan Goals: 1. Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects including: The Fixed Guideway Project, Santa Ana Regional Transportation Center Master Plan, Complete Streets and General Plan Circulation Element update). 2. 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). 3. 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; e.g., transit vision, street car, fixed guideway project, SARTC master plan, Bristol Street widening, neighborhood streets, traffic improvements, park facilities, sport fields, soccer fields, senior centers, bike master plan, etc.). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal im sociated with this action. Fred Mousavipour Executive Director Public Works Agency FM/EWG/JG/ST Exhibits: 1. Use of Right of Way Cooperative Agreement 2. Use of Right of Way Cooperative Agreement Amendment 25Q-2 COOPERATIVE AGREEMENT NO. C-6-1433 Distributed ;,ZR -/7 Accounting CAMM FPA PM 1 COOPERATIVE AGREEMENT NO. C-6-1433 Vendor CA 2 BETWEEN (/ 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF SANTA ANA 6 FOR 7 USE OF THE CITY RIGHT OF WAY 8 THIS COOPERATIVE AGREEMENT ("Agreement'), is effective this (� day of 9 MU1-L� 1 , 2017, by and between the Orange County Transportation Authority, 550 South 10 Main Street, P.O. Box 14184, Orange California 92863-1584, a public entity of the State of California 11 (herein referred to as "AUTHORITY") and the City of Santa Ana, a charter city and municipal 12 corporation duly organized and existing under the laws of the State of California (hereinafter referred 13 to as "CITY") each individually known as "Party" and collectively known as the "Parties'. 14 RECITALS: 15 WHEREAS, the AUTHORITY and the CITY entered into a Memorandum of Understanding 16 I ("MOU") on August 31, 2015 for the OC Streetcar Project, which MOU provides, among other things, 17 for the Parties to work in partnership for the implementation of the OC Streetcar Project and the grant 18 from the CITY to the AUTHORITY of a perpetual right to operate the OC Streetcar System within City 19 Right of Way ("ROW"); 20 WHEREAS, the AUTHORITY and the CITY agree that the use of City ROW for the OC 21 Streetcar Project constitutes a use of such right of way for street purposes; 22 WHEREAS, the AUTHORITY and the CITY entered into a Design Agreement for the design 23 phase of the OC Streetcar Project; 24 WHEREAS, the AUTHORITY and the CITY intend to enter into a Construction Agreement for 25 the construction phase for the OC Streetcar Project; 26 EXHIBIT 1 Page 1 of 14 LACammMERICALMORDPROMAGREEif3'. 031215 OCSC ROW Use Agreement - SA - Final - Updated.dou COOPERATIVE AGREEMENT NO. C-6-1433 1 WHEREAS, the AUTHORITY and the CITY intend to enter into an Operations and 2 Maintenance Agreement for the operations and maintenance phase of the OC Streetcar System; 3 WHEREAS, the CITY is the owner of various City ROW where the OC Streetcar System is 4 proposed; 5 WHEREAS, the AUTHORITY, proposes to occupy and use a portion of such City ROW for the 6 construction of the OC Streetcar Project and the operation, and maintenance of the OC Streetcar 7 System; 8 WHEREAS, this Agreement defines the roles, responsibilities, commitments, obligations, and 9 expectations for the AUTHORITY and the CITY as they relate to the Authority's Use Rights, including 10 financial obligations; and 11 WHEREAS, the CITY desires by this Agreement to grant such rights and privileges to the 12 AUTHORITY, and to document the terms and conditions upon which such City ROW may be used by 13 the AUTHORITY for the construction, operation, and maintenance of the OC Streetcar System. 14 NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the CITY 15 as follows: 16 ARTICLE 1. DEFINITIONS 17 The following definitions shall apply throughout this Agreement, which includes those 18 attachments hereto that are incorporated by reference. 19 A. "Authority Use Rights" means the rights to use the City ROW, as granted to the 20 AUTHORITY in this Agreement. 21 B. "City ROW" means the CITY's right of way, including streets and other improvements 22 thereto, which is owned or controlled by the CITY and to which CITY is granting Authority Use Rights 23 as generally depicted in Exhibit A. 24 C. "Construction Agreement" means the cooperative agreement that will be put in place 25 between the AUTHORITY and the CITY which will document the terms and conditions pursuant to 26 which the OC Streetcar Project will be constructed. Page 2 of 14 L:1Camm\CLERICAL\WORDPROCIAGREEVM4 191215 OCSC ROW Use Agreement - SA - Final - Updated.docx COOPERATIVE AGREEMENT NO. C-6-1433 1 D. "Contractor' means any contractor or consultant who executes an agreement with the 2 AUTHORITY for design and/or construction activities related to the OC Streetcar Project. 3 E. "Design Agreement" means Cooperative Agreement C-5-3583 between Authority and 4 CITY for the design phase of the OC Streetcar Project, dated May 9, 2016, which sets forth the terms 5 and conditions to which the OC Streetcar Project will be designed. 6 F. "Effective Date" means the date this Agreement is executed by both Parties. 7 G. "Occupied City ROW" means that portion of City ROW to be physically occupied by OC 8 Streetcar System improvements in accordance with this Agreement, the Design Agreement, the 9 Construction Agreement, and Project Submittals. 10 H. "OC Streetcar Project" or "Project' means the planning, design, financing, construction, 11 and installation of the OC Streetcar System as set forth in the Design Agreement and/or Construction 12 Agreement. The OC Streetcar Project becomes the OC Streetcar System upon initiation of Revenue 13 Service. 14 I. "OC Streetcar System" means the OC Streetcar passenger transportation system to 15 be owned, operated, and maintained by the AUTHORITY including all tracks, stations, streetcar 16 vehicles, conduits, electrical lines, traction power poles, traction power substations, cross-span wires, 17 streetcar signal equipment, maintenance facilities, and other functionally related and appurtenant 18 equipment and facilities. 19 J. "Operations and Maintenance Agreement" means the cooperative agreement to be 20 entered into between the AUTHORITY and the CITY establishing the roles, responsibilities, and 21 expectations with respect to the operations and maintenance of the OC Streetcar System. 22 K. "Plans and Specifications" means the Project plans, specifications, and special 23 provisions prepared by the AUTHORITY providing the information necessary to construct the Project 24 which relate to the interests of the CITY under the Design Agreement. 25 L. "Project Submittals" means all shop drawings, product data, test data, construction 26 submittals, construction schedules, fabrication drawings, erection drawings or similar documents Page 3 of 14 L:lCammICLERICAL%WORDPROC%AGREEVNQQ;&15 OCSC ROW Use Agreement - SA- Final - Updaled.dou COOPERATIVE AGREEMENT NO. C-6.1433 1 which are produced by the AUTHORITY's Contractor during the construction of the Project, which 2 relate to the interests of the CITY under the Construction Agreement, and which are reviewed by the 3 CITY according to procedures and standards set forth in the Construction Agreement. 4 M. "Revenue Service" means the point at which the OC Streetcar System is operational 5 and providing service to the public as intended. 6 ARTICLE 2. COMPLETE AGREEMENT 7 A. This Agreement (which includes the above Recitals and those attachments 8 incorporated herein by reference), the Design Agreement, Construction Agreement, and Operations 9 and Maintenance Agreement executed or intended to be executed by the Parties that are incorporated 10 herein by reference, constitute the entire terms and conditions for the subject matter addressed in this 11 Agreement between the AUTHORITY and the CITY. The invalidity in whole or in part of any term or 12 condition of this Agreement shall not affect the validity of other terms or conditions of this Agreement. 13 To the extent there is any conflict as between this Agreement and other agreements entered into by 14 the Parties that are referenced herein, this Agreement shall control with respect to the subject matter 15 covered herein. 16 B. The AUTHORITY's failure to insist on any instances of the CITY's performance of any 17 terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of the 18 AUTHORITY's right to such performance or to future performance of such terms or conditions, and 19 the CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion 20 of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in 21 writing by an authorized representative of the AUTHORITY by way of a written amendment to this 22 Agreement and issued in accordance with the provisions of this Agreement. 23 C. The CITY's failure to insist on any instances of the AUTHORITY's performance of any 24 terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of the 25 CITY's right to such performance or to future performance of such terms or conditions, and the 26 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any Page 4 of 14 L:1Camm1CLERICALIWOROPROCIAGREE\Izsa g15 OCSC ROW Use Agreement - SA - Final - Updated.docz COOPERATIVE AGREEMENT NO. C-6-1433 1 portion of this Agreement shall not be binding upon the CITY except when specifically confirmed in 2 writing by an authorized representative of the CITY by way of a written amendment to this Agreement 3 and issued in accordance with the provisions of this Agreement. 4 ARTICLE 3. SCOPE OF AGREEMENT 5 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the 6 AUTHORITY's use of City ROW. Both the AUTHORITY and the CITY agree that each will cooperate 7 and coordinate with the other in all activities covered by this Agreement and any other supplemental 8 agreements that may be required to facilitate the purposes thereof. 9 ARTICLE 4. CONSIDERATION 10 In consideration for the Authority Use Rights granted by the CITY to the AUTHORITY 11 hereunder, the AUTHORITY agrees to construct, operate and maintain the OC Streetcar System as 12 set forth in or as to be set forth in the Design Agreement, Construction Agreement, Plans and 13 Specifications, Project Submittals, and Operations and Maintenance Agreement. 14 ARTICLE 5. TERM 15 Beginning on the Effective Date, this Agreement and the Authority Use Rights herein granted 16 shall be operative for a period of 50 years (the "Initial Term"), subject to earlier termination as provided 17 by Article 6. AUTHORITY may, in its discretion, extend this Agreement upon the same terms and 18 conditions existing at the time of such extension for an additional term of up to 20 years ("Extended 19 Term"). To exercise its right to the Extended Term, AUTHORITY shall provide written notice to the 20 CITY no later than 24 months prior to the expiration of the Initial Term. For any period beyond the 21 Extended Term, this Agreement may be extended by mutual consent of the Parties at any time prior 22 to the expiration of the Extended Term, to the extent permitted by law. 23 ARTICLE 6. TERMINATION 24 A. This Agreement may not be terminated by either Party for convenience. 25 26 Page 5 of 14 L:\Camm\CLERICALIWORDPROC\AGREE\ t6QW 215 OCSC ROW Use Agreement-SA. Final-Updated.docx COOPERATIVE AGREEMENT NO. C-6-1433 1 B. This Agreement, and the Authority Use Rights granted hereby, shall be subject to 2 termination at the option of the CITY and by written notice delivered to the AUTHORITY upon the 3 occurrence of any of the following events: 4 (i) The AUTHORITY shall fail to advance the Streetcar Project to begin Revenue 5 Service no later than December 31, 2025, provided any such discontinuation is not caused by 6 Force Majeure as described in Article 13, or 7 (ii) The AUTHORITY shall intentionally abandon the Occupied City ROW, or expressly 8 disavow the Authority Use Rights, or 9 (iii) The AUTHORITY shall discontinue regular OC Streetcar System operations for a 10 consecutive period of one year consistent with the Operations and Maintenance Agreement 11 and requirements of the Federal Transit Administration, provided any such discontinuance is 12 not caused by Force Majeure as described in Article 13 or for other reasons outside 13 AUTHORITY's reasonable control. 14 C. AUTHORITY may terminate this Agreement if the AUTHORITY determines, upon 15 reasonable notice to and concurrence by the CITY, that the OC Streetcar System is not a viable mode 16 of transportation either due to lack of passengers, lack of revenue, lack of funding, other modes of 17 transportation that are developed making the OC Streetcar System relatively inefficient, or other 18 similar reasons. 19 ARTICLE 7. DEFAULT 20 Either Party may be deemed in default underthis Agreement by the other Party upon the failure 21 of such Party to observe or perform any material covenant, condition or agreement on its part to be 22 observed or performed hereunder, and the continuance of such default for a period of ninety (90) days 23 from the date the failing Party has received written notice from the other Party. Such notice shall 24 specify the default and request that it be remedied within 90 days or such other longer time as may 25 be set forth in the notice. The Party giving such notice may agree in writing to an extension of such 26 time period. If the failure identified in such notice cannot be corrected within the applicable period, it Page 6 of 14 L:1Camm1CLERICAL\WOROPROC%AGREE42saig15 OCSC ROW Use Agreement - SA - Final - Updated.docx COOPERATIVE AGREEMENT NO. C-6-1433 1 shall not give rise to a default hereunder if appropriate remedial action is promptly instituted within the 2 applicable period and diligently pursued until such default is corrected. In the event of a default 3 hereunder that is not remedied by the defaulting party in accordance with this provision, the non - 4 defaulting Party shall have a breach of contract claim and remedy against the other in addition to any 5 other remedy provided or permitted by law, provided that no remedy which would have the effect of 6 amending any provisions of this Agreement shall become effective without the formal amendment of 7 this Agreement. 8 ARTICLE 8. COMPLIANCE 9 To the extent required, the AUTHORITY and the CITY shall comply with all applicable federal, 10 state, and local laws, statues, ordinances and regulations of any governmental authority having 11 jurisdiction over the Project. 12 ARTICLE 9. INDEMNIFICATION 13 A. To the fullest extent permitted by law, the CITY shall defend (at the CITY's sole cost 14 and expense with legal counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and 15 hold harmless the AUTHORITY, its officers, directors, employees, and agents from and against any 16 and ail liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, 17 settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney 18 fees, including but not limited to claims arising from injuries to or death of persons (the CITY's 19 employees included), for damage to property, including property owned by the AUTHORITY, or from 20 any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent 21 acts, omissions or willful misconduct of the CITY, its officers, directors, employees or agents in 22 connection with or arising out of the performance of this Agreement. 23 B. To the fullest extent permitted by law, the AUTHORITY shall defend (at the 24 AUTHORITY's sole cost and expense with legal counsel reasonably acceptable to the CITY), 25 indemnify, protect, and hold harmless the CITY, its officers, directors, employees, and agents from 26 and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration Page 7 of 14 LACamm\CLERICAL\WORDPROCWGREE\25�Q,19215 OCSC ROW Use Agreement - SA- Final - Updaled.docx COOPERATIVE AGREEMENT NO. C-6-1433 1 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and 2 attorney fees, including but not limited to claims arising from injuries to or death of persons (the 3 AUTHORITY's employees included), for damage to property, including property owned by the CITY, 4 or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the 5 negligent acts, omissions or willful misconduct of the AUTHORITY, its officers, directors, employees 6 or agents in connection with or arising out of the performance of this Agreement. 7 C. The indemnification and defense obligations of this Agreement shall survive its 8 expiration or termination. 9 ARTICLE 10. LEGAL AUTHORITY 10 The persons executing this Agreement on behalf of the AUTHORITY and the CITY represent 11 that they are authorized to execute this Agreement on behalf of their respective Parties and that, by 12 so executing this Agreement, the Parties hereto are formally bound to the provisions of this 13 Agreement. 14 ARTICLE 11. SEVERABILITY 15 If any term, provision, covenant or condition of this Agreement is held to be invalid, void or 16 otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this 17 Agreement shall not be affected thereby, and each term, provision, covenant or condition of this 18 Agreement shall be valid and enforceable to the fullest extent permitted by law. 19 ARTICLE 12. COUNTERPARTS OF AGREEMENT 20 This Agreement may be executed and delivered in any number of counterparts, each of which, 21 when executed and delivered shall be deemed an original and all of which together shall constitute 22 the same agreement. Facsimile or emailed PDF documents with signatures will be permitted. 23 ARTICLE 13. FORCE MAJEURE 24 Either Party shall be excused from performing its obligations under this Agreement due to any 25 event beyond the control of the Party to the extent the event materially and adversely affects a Party's 26 ability to perform its obligations under this Agreement and could not have been avoided by reasonable Page 8 of 14 L:%Camm\CLERICAL\WORDPROC%AGREEY%rA4^201 1 0 5 OCSC ROW Use Agreement - SA - Final - Updated.docx COOPERATIVE AGREEMENT NO. C-6-1433 1 due diligence. Force Majeure events shall include, but not be limited to: (i) discovery of any resources 2 or a change in law which requires a state or federal approval that was not previously required for the 3 Project; (ii) regulatory and technical changes not previously required for the Project; (iii) fire, flood, 4 earthquake, or other natural disaster; (iv) strikes and labor disputes of greater than 30 days; (v) delays 5 caused by permitting agencies that exceed the reasonably anticipated review times; (vi) failure of 6 utilities to relocate in a reasonable time; and (vii) war, terrorist activities, government sanctions, 7 embargos, civil unrest, and material or labor shortages. A Party's performance will only be excused g for the length of the delay and any reasonable time thereafter that is necessary to commence 9 performance of a Party's obligations under this Agreement. 10 ARTICLE 14. ASSIGNMENT 11 Neither this Agreement, nor any of the Parties' rights, obligations, duties, or authority 12 hereunder may be assigned in whole or in part by either Party without the prior written consent of the 13 other Party. Any such attempt of assignment shall be deemed void and of no force and effect. 14 Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the 15 waiver of any right to consent to such subsequent assignment. Notwithstanding the foregoing, 16 AUTHORITY may assign this Agreement to another public entity provided that it provides notice to 17 CITY at least six (6) months prior to the effective date of such assignment. The notice shall include 18 evidence that such public entity is authorized by law to operate the Streetcar System and has the 19 financial capability, infrastructure and personnel to meet AUTHORITY's obligations under this 20 Agreement. CITY shall approve such assignment within 45 days of such notice from AUTHORITY, 21 unless CITY reasonably determines that the proposed assignee cannot meet the obligations of this 22 Agreement. AUTHORITY shall provide such additional information as is reasonably required by CITY 23 to make its determination. 24 ARTICLE 15. SUBCONTRACTING 25 AUTHORITY may, in its sole discretion, enter into contracts with third parties to perform any 26 of its obligations under this Agreement, provided that AUTHORITY notifies CITY of such contract prior Page 9 of 14 L:\Camm\CLERICAL\WORDPROCXAGREd. J"IQ-;,l6Of l5 OCSC ROW Use Agreement - SA -Final - Updated.dom COOPERATIVE AGREEMENT NO. C-6-1433 1 to entering into a contract with any contractor. AUTHORITY shall include in such contracts the 2 obligation of the contractor to comply with all applicable terms of this Agreement, including without 3 limitation insurance and indemnity requirements. Notwithstanding the foregoing, AUTHORITY shall 4 remain primarily responsible for performance of all obligations and exercise of all rights assigned to 5 AUTHORITY under this Agreement. 6 ARTICLE 16. GOVERNING LAW AND VENUE 7 The laws of the State of California and applicable local and federal laws, regulations and 8 guidelines shall govern this Agreement. The Parties agree that Orange County, California shall be 9 the venue for any action or proceeding that may be brought in connection with this Agreement. 10 ARTICLE 17. DISPUTE RESOLUTION 11 All disputes arising under this Agreement shall be resolved in accordance with the dispute 12 resolution process in this article. The Parties shall diligently cooperate with each other in an effort to 13 resolve any dispute during the dispute resolution process. If a dispute arises under this Agreement, 14 either Party may file a written request with the other Party to invoke the dispute resolution 15 process. Upon receipt of such a request each Party shall designate a staff representative, which 16 representatives shall meet within 14 days of the date of the written request in an effort to resolve the 17 dispute. If the dispute has not been resolved within 14 days or any extension thereof mutually agreed 18 upon by the Parties, the dispute shall be referred to each Party's Executive Director, who shall 19 meet within 14 days of the referral in an effort to resolve the dispute. If the Executive Directors are 20 unable to resolve the dispute within 14 days or any extension thereof mutually agreed upon by the 21 Parties, then the dispute shall be referred to the AUTHORITY's Chief Executive Officer and the CITY's 22 City Manager, who shall meet within 14 days of the referral in an effort to resolve the dispute. If the 23 dispute remains unresolved within such 14 days or any extension thereof mutually agreed upon by 24 the Parties, either Party may initiate litigation. 25 26 Page 10 of 14 L:1Camm1CLERICALIWORDPROCIAGREE25 ^20, 5 OCSC ROW Use Agreement - SA - Final - Updated.dou 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1433 ARTICLE 18. LITIGATION FEES Should any litigation arise out of this Agreement for the performance thereof, each Party shall be responsible for its own costs and expenses, including attorney's fees. ARTICLE 19. NOTICES Any notices, requests, or demands made between the Parties pursuant to this Agreement shall be in writing and delivered by certified mail. Phone and email may be used for convenience but are not considered as official notice. Notices are to be directed as follows: To CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92701 To AUTHORITY: Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 ATTENTION: ATTENTION: Maria D. Huizar Bridget Carman Clerk of the Council Senior Contract Administrator Tel. (714) 647-6520 Contracts Administration and Materials Management Tel: (714) 560-5478 E -Mail: bcarman@octa.net Cc: Cc: Fred Mousavipour James G. Bell Executive Director, Public Works Agency Executive Director, Capital Programs Tel: (714) 647-5654 Tel: (714) 560-5646 E -Mail: fmousavipour@santa-ana.org E -Mail: JBeil()octa.net Cc: City Attorney I, Page 11 of 14 L:\Camm%CLERICAL\WORDPROCWGREE2d,t,1,n3 216'315 OCSC ROW Use Agreement - SA - Final - Updated.docx COOPERATIVE AGREEMENT NO. C-6-1433 1 ARTICLE 20. AMENDMENTS 2 This Agreement may be modified or amended only by a written document executed by both 3 the AUTHORITY and the CITY. Such document shall expressly state that it is intended by the Parties 4 to amend specifically identified terms and conditions of this Agreement. 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / Page 12 of 14 LACamm1CLERICAL\WORDPROCWGREE25a.0N1 ' OCSC ROW Use Agreement - SA - Final - Updated.docx 1 2 3 4 5 6 7 COOPERATIVE AGREEMENT NO. C-6-1433 ARTICLE 21. This Agreement in its entirety includes the Exhibits listed below, all of which are, by this reference, incorporated herein and made part hereof as though fully set forth. The Exhibits of this Agreement are: EXHIBIT A — CITY ROW EXHIBIT B — USE OF CITY ROW EXHIBIT C — CONTROLLED WORK ACCESS ZONE CITY OF SANTA ANA ORANGE COUNTY By: a Gerardo Mouet Acting City Manager APPROVED AS TO FORM: By: M/. onia Carvalho City Attorney M DED: Executive Director, Public Works Agency Dated ATTEST: By: Maria D. Huizar Clerk of the Council Dated : 0 APPROVED AS ATION AUTHORITY Officer FORM: By: v7 James M. Donich General Counsel APPRO77 By: ames G. Bell Executive Director, Capital Programs Dated Page 13 of 14 L:%Camm1CLERICALIWORDPROCIAGRE I -Z(1 515 OCSC ROW Use Agreement - SA - Final - Updated.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1433 LIST OF EXHIBITS Exhibit A — CITY ROW Exhibit B — Use of City ROW Exhibit C — Controlled Work Access Zone Page 14 of 14 L:\Camm\CLERICAL\WORDPROC\AGREE25 ^20665 OCSC ROW Use Agreement - SA - Final - Updated.dou \§ 3K kLU LU 2 LULU� § } ( S § / v 25Q-17 )IL i .• a�2ƒ ( �\ - ®� \� � \•\� \ K ( §` N r:jt \ � �« eye \�\ LLI e 25Q-17 )IL M Q v F r Z-3 f0 X UX OW Z F Z W 12 W W w a W LU W IL O O U 25Q-18 MR. .fl � X Co W 4 25Q-19 Q M X Co LU N 'I flyr. is h lsHr4A N 1 fiQ`'l fi . �. I i e co I LL - �i Y'li'h,4„ Ii ' o EEO>' N3NU VM/tl1NY6(!; t1 •______' . itN— MAI r Is Fi, is Pit I�I 25Q-19 Q M X Co LU M Q � f' - r m U= X OW Z F Z W m W W Q W F_ LU W CL O O U 25Q-20 M Q a F � m OX OW Z Z LU n W LU w C7 ui Q Q LU LU CL O O U 25Q-21 OR ;C r_ -�` �1- 1 rt� 113 I 1 �j Ntl1a3dS3H N � sa f s i ' f F•.O_ CO 3/1V OId1Otld N m N: O w0 SII 0 f R t. I Irl 71 t; - A lt 3Atl Na310MN tt'f � 5 f 25Q-21 OR 25Q-22 « y ___ \ / � , \ ] 2JI \� ) a_m \ ±� \ y a : � ..■ ;\: / \ . , tv /§« m= .y %_ ee 4 ? -MHS s» N. \L 25Q-22 25Q-23 al XCL w 030and", —is tic�jaifldS N Al is msnaN. �as Asng N Q 4'.qj ---------- P4 �e�, is NW'�, --Yf AV' 41N :171 I TT is Bmalwo 3HOMOkS N I-- O.Co 12 LL 'Tt. AVMaVOUQ N-*- C) CIVONO N a uj 0 HOMS N YZ 1s,js6.d,N SOY N IT Rz Ty 25Q-23 al XCL w M Q � m fD = U �( Ow z z z LU N w w w 0 Q W Q W CL 0 0 U 25Q-24 OR COOPERATIVE AGREEMENT NO. C-6-1433 EXHIBIT B USE OF CITY RIGHT OF WAY 1.0 DEFINITIONS All capitalized terms used in this Exhibit B shall have the same meaning ascribed to them in Article 1 of the Agreement. 2.0 USE OF CITY ROW A. CITY hereby grants to AUTHORITY a non-exclusive use of the City ROW, necessary to accommodate the construction of the OC Streetcar Project and the operation and maintenance of the OC Streetcar System. Authority Use Rights shall be limited to the terms, conditions, limitations and restrictions contained in this Agreement. B. The location and extent of the City ROW which may be utilized by the AUTHORITY for the construction of the OC Streetcar Project and the operation and maintenance of the OC Streetcar System, and the scope and nature of such use, shall be governed by this Agreement, the Design Agreement, Construction Agreement, Plans and Specifications, Operations and Maintenance Agreement and in accordance with the Project Submittals. C. The CITY has previously granted licenses or permits affecting all or portions of the City ROW to persons and/or entities not a party to this Agreement which may impact the Authority Use Rights. Nothing contained in this Agreement shall be construed as granting AUTHORITY any rights or claims for damages against the CITY relating in any way to the existence of any such licenses or permits. To the extent that CITY may be required to grant a license, permit, or other rights in City ROW it shall notify AUTHORITY of any planned use which could potentially impact AUTHORITY's operations and cooperate with AUTHORITY to implement terms for such use to eliminate, to the extent practicable, any such impacts. D. The CITY may use the Occupied City ROW for its own purposes, but only to the extent that such use does not materially interfere with Authority Use Rights. To the extent the City uses the Occupied City ROW for its own purposes, it shall notify AUTHORITY of any planned use which could Exhibit B Page 1 25Q-25 COOPERATIVE AGREEMENT NO. C-6-1433 EXHIBIT B potentially impact AUTHORITY'S operations and cooperate with AUTHORITY to implement terms for such use to eliminate, to the extent practicable, any such impacts. E. The Authority Use Rights are exclusive to the AUTHORITY and AUTHORITY shall not assign except as provided in this Agreement any interest, rights or benefits in City ROW that is the subject of this Agreement, and shall not sublease, sell utility or other telecommunication permits, licenses, franchises, excess capacity easements or in any way use City ROW for any purpose other than as specifically described in this Agreement. F. The Authority Use Rights shall not be subject to any franchise fee, license fee, rental charge or any other such fee or charge for AUTHORITY's use of the City ROW for the OC Streetcar System operations and routine maintenance activities. This shall not preclude the CITY from charging fees for plan checks, inspections or other types of services on routine maintenance involving lane closures and capital improvement projects the AUTHORITY initiates in amounts that it charges other persons for similar services. 3.0 COORDINATION OF ADJACENT PROJECTS The CITY agrees to keep the AUTHORITY informed on projects, outside of the City ROW, that CITY determines may interfere with the Project or OC Streetcar System, to the extent CITY is aware of such projects. This includes, but is not limited to, utility projects, communication projects, development projects, and other improvement projects. 4.0 OPERATIONS AND MAINTENANCE Operations and maintenance activities will be as agreed in the Operations and Maintenance Agreement entered into between the CITY and AUTHORITY. 5.0 FUTURE STREETCAR CONSTRUCTION BY AUTHORITY The AUTHORITY agrees that the CITY shall have the right to review and approve all future additions, changes and alterations to, and modifications and replacements of, any OC Streetcar System improvements on Occupied City ROW which would materially change the OC Streetcar Exhibit B Page 2 25Q-26 COOPERATIVE AGREEMENT NO. C-6-1433 EXHIBIT B System or Authority Use Rights. The AUTHORITY shall not make such additions, changes, alterations, modifications or replacements without first obtaining written approval from the CITY. 6.0 FUTURE PROJECTS IMPACTING STREETCAR The CITY agrees that the AUTHORITY shall have the right to review and approve all future additions, changes and alterations to, and modifications and replacements of, CITY and third party facilities or use thereof which would materially interfere with the AUTHORITY's operation of the OC Streetcar System or otherwise adversely affect the rights of the AUTHORITY under this Agreement. Subject to any requirement by law for the CITY to act, the CITY shall not issue permits, licenses or other authorizations to third parties which would materially interfere or otherwise adversely affect the rights of the AUTHORITY without first obtaining written approval from the AUTHORITY, which approval shall not be unreasonably withheld. 7.0 OC STREETCAR CONTROLLED WORK ACCESS ZONE All work activities, either those of the CITY or third parties, within the controlled work access zone limits depicted and described in Exhibit C, require a permit issued by the AUTHORITY prior to work commencing. The CITY shall not issue any permits to any third parties to work in the City ROW, within the controlled work access zone depicted and described in Exhibit C, without prior evidence of a current AUTHORITY access permit. The specific rules and regulations related to such AUTHORITY access permits shall be delineated in a future agreement between the Parties. 8.0 TRAFFIC REGULATIONS Streetcar vehicles traveling on CITY streets shall be subject to all generally applicable speed limits and other traffic control ordinances and regulations, consistent with state and federal law. 9.0 DUTY TO RESTORE Upon the expiration of this Agreement, or earlier termination or partial termination of Authority Use Rights and/or this Agreement, all OC Streetcar System improvements located on Occupied City ROW as to which Authority Use Rights have been terminated shall, at the option of the CITY, as to Exhibit B Page 3 25Q-27 COOPERATIVE AGREEMENT NO. C-6-1433 EXHIBIT B any or all of the OC Streetcar System improvements, be removed by the AUTHORITY, and the Occupied City ROW shall be restored to a condition consistent with CITY standard plans and the then current condition of adjoining streets or other public facilities with respect to grade, appearance, quality, finish, and type of construction, at the sole cost and expense of the AUTHORITY. Restoration shall be performed within one hundred eighty (180) days of such expiration or termination, or such longer period as shall be required by the nature of the work and agreed to by the CITY and the AUTHORITY. For any improvements left intact at the option of the CITY, CITY shall retain all ownership and possession thereof at no cost to CITY. Exhibit B Page 4 25Q-28 e+� U �H en = Ux OW Z F Z W 2 LU w a 9 W CL O O U W Z N N U) W U a Y 0 W J -i 0 H Z O U 25Q-29 U� X W (L 25Q-30 1 2 3 4 5 6 7 8 1A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. C-6-1433 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR USE OF THE CITY RIGHT OF WAY THIS AMENDMENT NO. 1 is effective this day of 2017, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public entity of the State of California (herein referred to as "AUTHORITY"), and the City of Santa Ana, a charter city and municipal corporation (hereafter referred to as "CITY") each individually known as "Party" and collectively known as "Parties". RECITALS WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-6-1433, dated March 17, 2017 in which the AUTHORITY and CITY agreed that the City's ROW would be utilized for the OC Streetcar System, identified as Cooperative Agreement No. C-6-1433, and hereinafter referred to as the "Agreement"; and WHEREAS, the financing of the OC Streetcar Project is in part being paid from monies being provided under a Federal Transit Administration ("FTA") grant; and WHEREAS, the FTA grant contains certain requirements, one of which relates to the disposition of OC Streetcar System property which is paid in whole or part with FTA grant funds "Federally Assisted Property"; and WHEREAS, the FTA has informed the CITY and AUTHORITY that the Agreement is not entirely consistent with FTA requirements relating to the disposition of Federally Assisted Property; and EXHIBIT 2 1274963.1 25Q -31 5Q -J 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 125 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1433 WHEREAS, the AUTHORITY and the CITY desire to amend the Agreement to make its provisions consistent with FTA grant requirements relating to the disposition of OC Streetcar System property that meets the definition of Federally Assisted Property. NOW, THEREFORE, it is mutually understood and agreed upon by the AUTHORITY and CITY that Agreement No. C-6-1433 is hereby amended in the following particulars only: 1. Amend ARTICLE 1. DEFINITIONS, to insert the following: "N. 'Federally Assisted Property' means the OC Streetcar System improvements which are paid in whole or part with FTA grant funds." 2. Amend "Exhibit B, Use of City Right of Way", by deleting in its entirety paragraph 9.0 entitled "Duty to Restore", and replace with "Amendment No. 1 to Exhibit B, Use of City Right of Way", paragraph 9.0 Duty to Restore, which is attached hereto and by this reference incorporated herein. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to Agreement No. C-6-1433 to be executed on the date first written above. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: By: Cynthia J. Kurtz Meena Katakia Interim City Manager Manager, Capital Projects APPROVED AS TO FORM: QQ is Carvalho City Attorney ATTEST: By: _ Dated: Maria D. Huizar Clerk of the City Council APPROVED am demes M. Donich General Counsel Page 2 of 2 L:\Camm\CLERICAI.\WORDI'ROMGREE\AMEND\AM 161433.docx 1274963.1 25Q-32 AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. C-6-1433 EXHIBIT B USE OF CITY RIGHT OF WAY 9.0 DUTY TO RESTORE A Upon the expiration of this Agreement, or earlier termination or partial termination of Authority Use Rights and/or this Agreement, all OC Streetcar System improvements located on Occupied City ROW as to which Authority Use Rights have been terminated shall, at the option of the CIN, as to any or all of the OC Streetcar System improvements, be removed by the AUTHORITY, and the Occupied City ROW shall be restored to a condition consistentwith CIN standard plans and the then current condition of adjoining streets or other public facilities with respect to grade, appearance, quality, finish, and type of construction, at the sole cost and expense of the AUTHORITY. Restoration shall be performed within one hundred eighty (180) days of such expiration or termination, or such longer period as shall be required by the nature of the work and agreed to by the CIN and the AUTHORITY. For any improvements left intact at the option of the CITY, CITY shall retain all ownership and possession thereof at no cost to CITY. B. Notwithstanding the foregoing, any OC Streetcar System improvements which constitute Federally Assisted Property, as defined below, shall remain the property of AUTHORITY and AUTHORITY shall have the right to remove all such Federally Assisted Property at its sole cost and expense. The CITY shall have the option to purchase such Federally Assisted Property and/or have AUTHORITY leave the Federally -Assisted Property in place, provided that the CITY'S purchase of the Federally Assisted Property is in accordance with applicable law and Federal Transit Administration ("FTA") grant requirements. AUTHORITY is required to complywith FTA regulations when disposing of any OC Streetcar Systems improvements that are financed in in whole or part with FTA assistance ("Federally Assisted Property"). The FTA grant requirements set forth a process and methodology for disposing of the Federally Assisted Property, calculating the Federal interest, and returning to the FTA proceeds from the sale of such Federally Assisted Property." Page 1 25Q-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED APPROVE AGREEMENT WITH MS + MEGT ❑ As Recommended FOR CENTER STREET URBAN GREENING ❑ As Amended ARCHITECTURAL DESIGN El Ordinance on 1s` Reading ElOrdinance on 2 nd Reading (PROJECT NO. 17-2674) Resolution ❑ Resolution (STRATEGIC PLAN NO. 6, 1G) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITYIMANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an agreement with MS + MEGT to provide consulting architectural design services for the Center Street Urban Greening project, for a two-year term beginning December 5, 2017, and expiring on December 4, 2019, with the option for the City to grant up to two one-year renewal options exercisable by the City Manager and the City Attorney, in the total amount not to exceed $83,110, which includes a 10 percent contingency for additional design analysis in the amount of $7,555, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Approval of this recommended action will allow staff to proceed with preparation of plans and specifications (Contract Documents) for the project as identified in the FY 2016/17 Capital Improvement Program. The Contract Documents will be used to competitively bid and construct the project. The Center Street Urban Greening project is located within Jerome Park, where a 500 -linear -foot length of roadway, formerly Center Street, has been closed to vehicular traffic. The north -south asphalt roadway currently divides the park and separates two sets of recreational ball fields. The project scope of work involves removing and infilling the roadway to develop new open space while tying together the two park areas and installing walkways, seating areas, lighting, landscape, and irrigation. In June 2017, the Public Works Agency released a Request for Proposals (RFP) inviting qualified firms to submit proposals for architectural design services. The RFP was posted on the City website and forwarded to local chapters of the American Society of Landscape Architects for distribution to their membership. 2511-1 Agreement with MS + MEGT for Consulting Architectural Design Services December 5, 2017 Page 2 In July 2017, eight proposals were received. The proposals were evaluated by personnel from the Public Works Agency; the Parks, Recreation, and Community Services Agency; and the Planning & Building Agency. Each firm was rated according to its firm/team experience, understanding of need, relevant project experience, schedule, references, and proposed cost and pricing data. The following is the list of the firms and their respective evaluation scores: Rank Firm Score 1 MS + MEGT 94.2 2 Little Diversified Architectural Consulting 91.2 3 RHA Landscapes Architects, Planners, Inc. 84.7 4 RJM Design Group 84.3 5 Adams Streeter Civil Engineers 82.3 6 Stantec Consulting Services, Inc. 82.2 7 SALT Landscape Architects 81.5 8 BMLA Landscape Architecture 80.5 Based on the ranking and proposed fee, staff recommends that the top firm, MS + MEGT, be retained to design the Center Street Urban Greening project for a fee in an amount not to exceed $75,555, based on the schedule of rates and fees attached to the contract (Exhibit 2). Staff requests authorization of a 10 percent design services contingency of $7,555, which results in the total agreement amount not to exceed $83,110. 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 There is no environmental impact associated with this action. FISCAL IMPACT Funds have been budgeted and are available for expenditure in the State Resources Agency Grant Fund (Account No. 16113262-66220). Any unspent, encumbered balance will be carried forward into subsequent fiscal years as needed to fulfill the agreement. Funds will be spent according to the spending plan below: 25R-2 Agreement with MS + MEGT for Consulting Architectural Design Services December 5, 2017 Page 3 Contract Period Fiscal Year Amount FY 2017/18 (December — June) $75,555 FY 2018/19 (July —June) $3,778 FY 2019/20 (July — December) $3,777 TOTAL: $83,110 Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency FM/WEG/SF Exhibits: 1. Project Location Map 2. Agreement APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25R-3 25R-4 1111111111 � � 1111111111 1 UNS 1 1 1 1 1 1 1 1 1 1 i1 W 1 1 NAV (FAIRVI �1m!L11 11111111 1 I&T I ON EXHIBIT 1 SANTA ANA" PROJECT 17-2674 _ p■ �pI /� CENTER STREET URBAN GREENING PAGE 1 OF 1 25R-5 25R-6 AGREEMENT TO PROVIDE DESIGN SERVICES FOR THE CENTER STREET URBAN GREENING PROJECT THIS AGREEMENT is made and entered into this 5th day of December, 2017 by and between MS + MEGT ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 12, 2017, the City issued Request for Proposal No. 17-012, by which it sought a consultant to provide architectural design services for the Center Street Urban Greening Project. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-012 and attached as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting fine in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement shall not exceed $83,110. This sum is comprised of (1) the base amount of $75,555 and (2) a 10% contingency in the amount of $7,555 for additional design analysis to be elected at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Exhibit 2 Pagel of 8 25R-7 3. TERM This Agreement shall commence on the date fust written above and terminate on December 4, 2019, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two 1 -year periods upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Page 2 of 8 25R-8 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, with $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 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 the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in fall 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 by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 3 of 8 25R-9 INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 8 25R-10 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 Page 5 of 8 25R-11 To Consultant: MS + MEGT 305 North Coast Highway, Suite T Laguna Beach, CA 92651 Attn: MarjanehAfkhami A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, 14. 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. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy, No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 6 of 8 25R-12 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate, b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of Page 7 of 8 25R-13 this Agreement, and shall indemnify City frilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b: All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By; 4 7)1/, fi� J n M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director, Public Works Agency CITY OF SANTA ANA RAUL GODINEZ City Manager CONSULTANT Name: Title: Page 8 of 8 25R-14 O5� Gp OST Appendix ATTAC. MINT I 3C.OPE CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CENTER STREET URBAN GREENING RFP NO.: 17-012 Introduction and Background: The project is located in the central part of Santa Ana at Jerome Park. The park is bordered by Monte Vista Avenue to the north, McFadden Avenue to the south, and bisected by Center Street which runs north -south through the middle. The portion of Center Street which runs between Jerome Community Center and Monte Vista Elementary School has been closed permanently and is where the project is to occur. This section currently separates two sets of recreational ball fields. The Scope of Work involves removal of approximately 33,000 square feet of asphalt paved street and converting the area to passive landscaped open space. The project, as represented in the concept plan and as outlined below under Consultant Responsibilities shall include the following components: • Street removal and infill • Grading • Permeable walkway installation • Construction of rock bioswale • California Friendly landscaping with drought tolerant properties • Automatic dripirrigation system • Site Amenities, including interpretive signage, benches, picnic tables, bike racks • Drainage which utilizes "Low Impact Development' concepts with goal for full site infiltration, This project is funded with State of California, Natural Resources Agency grant funding, Total Project Budget is approximately $500,000, which includes all Design and Construction activities. City of Santa Ana RFP 17.012 Page Al -1 25R-15 Consultant Responsibilities: The Consultant's responsibilities include the following, and shall consist of the following project tasks: Consultant is responsible for providing all design and engineering as required for all components within the project scope of work. This includes, but is not limited to, survey, civil engineering, geotechnical investigation and report (for soils analysis), infiltration testing, electrical engineering. Consultant shall provide review sets in .pdf format. Final plans shall be provided in AutoCAD or N icrostation format, and .pdf format, Task 1: Pre Design Preliminary design shall include Kick-off meeting with City Staff to discuss scope of work, project goals and objectives, potential elements and issues and schedule, ➢ Deliverables shall include (1) rendered concept plan, Task 2: Design Development (50% plans) Design development will involve the schematic development of plans based upon the approved conceptual design plan, which shall include architectural, landscape architectural, civil engineering, draft technical specifications and "opinion of estimated cost', ➢ Deliverables shall include a 50% set of plans, draft specification and "Opinion of Probable Cost'. Task 3: Construction Documents (90% and 100%plans) Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. ➢ Deliverables shall include 90% and 100% plans, final technical specifications, and a finalized "Opinion of Probable Cost", Plans shall include, but are not limited to the following: • Title Sheet • Civil Engineering o Site Erosion Plan o Horizontal and Vertical Control Plan o Grading And On -Site Drainage Plan o Erosion Control Plan • Landscape Architectural o Site Layout/Construction Plans And Details o Planting PIans/Details/Notes o Irrigation Plans/Details/Calculations/Notes City of Santa Ana RFP 17-012 Page Al -2 25R-16 15MMe CENUR ".ws }S pepbta Oto to" me rummq —mtw(m) 7=p166Whi3O F �r OW svpfW 4ntCFtEFU9. 9'kwit- {'6$NtAH3.6 eV6P�8 �t i I t�usuNq fhFWi wetN- �� 4 9LfCQf' W �x5taw !!+ r vFv i 6 5f THE GfT'� 5 UPP4t 4Y1 ecu9twesr�mMv�x v, U CENTER STREET URBAN GREENING PROJECT Removal and Greening of Center Street City of Santa Ana RFP 17-012 Page Al -4 25R-18 Exhibit B MS + MEGT Collaborative Landscape Architecture I Urban Design I Planning 305 North Coast Hwy Suite T Lacuna Beach CA 92651 , 941.375.2523 July 17, 2017 City of Santa Ana Public Works Agency; 20 Civic Center Plaza; 3rd Floor Reception, Ross Annex Santa Ana, CA 92701 Attn.: Suzl Furjanic Re: FEE PRPOSAL -Clty of Santa Ana Center Street Urban Greening, RFP 17-012 Dear Ms, Furjanic; MS k MEGT Collaborative (MMC) Is pleased to submit this landscape Architecture services proposal for the above-mentioned project. We have built a reputation on our strength in working with owners, Architects and other consultants and we welcome this opportunity to work with the City of Santa Ana in creating a high-quality project. MMC has provided the following Fee proposal Including Sub -Consultants and potential expenses. MMC reserves the right to use other Sub -consultants upon City's approval, should that deem necessary due to unforeseen circumstances I.e. Deadline commitments due to work overload, Major changes In the company etc. A. Scope of work The Scope of Work Involves removal of approximately 39,000 square feet of asphalt paved street and converting the area to passive landscaped open space. The project, as represented in the concept plan shall Include the following components: 1. Street removal and infill 2. Grading 3, Permeable walkway installation 4. Construction of rock blo-swale 5. California Friendly landscaping with drought tolerant properties 6. Automatic drip Irrigation system 7, Site Amenities, Including interpretive signage, benches, picnic tables, bike racks 8, Drainage which utilizes "Low Impact Development" concepts with goal for full site Infiltration. Task I: Pre-Design/schematic Design 1. Kick off meeting with the client to discuss the project expectation, to discuss scope of work, project, goals and objectives, potential elements, issues, schedule and general character of the enhancements. Page 1 of 4 25R-19 2. Visit the site, Photograph and note the general character of the site and suitable areas for new features. 3. Prepare concept pian to Include proposed plan, Images, plant materials, hardscape elements, and Opinion of Probable cast for Landscape. 4, Civil Eng, to prepare Survey plan. S. Present Concept plan for review and make revision to the plan per review meeting for approval Deliverables shall include (1) rendered concept plan. Task R: Design Development 50% Plans Based upon the client approved Concept plan, prepare Design Development plans which shall Include landscape architectural and civil engineering, to Include the following: 1. Review and Coordinate with civil engineer regarding layout, grading and drainage concepts, 2. Prepare hardscape layout design and propose paving material. selection, and landscape lighting. 3. Prepare major site elements details. 4. Develop site features plan with proposed elements selections. S. Prepare planting pian with detailed plant legend. 6. Prepare Civil Erre. plans to Include: site Erosion, Horl2ontal vertical control Pan, LID/WQMP. 7. Geotech to commence tests, analysis and report. B. Refine opinion of probable construction cost. 9. Draft specifications Deliverables shall include a 50% set of plans, draft specification and "Opinion of Probable Cost' Task III: Construction Documents (90% and 100%) Based upon the client approved design development plans and estimated construction budgets, AR shall prepare construction documents for the project, including the following; 1. Title Sheet. 2. Complete all Civil Engineering Pans (Site Erosion plan, Horizontal and Vertical Control plans, Grading and Drainage, LiD/WQMP, Hydrology, Specifications) 3. Complete all Landscape Construction plans (Hardscape layout ad Details, Planting Plan and Details, Irrigation Plan, Details, and Calculations, Site furnishing Plan and specs.) 4. Prepare a site -furnishing plan. 5, Site Electrical Plan and Calculations 6. Complete CSI format specifications 7. Final opinion of probable cost. Technical Specifications Technical specifications for all components listed above shall be provided by Consultant, ortheir Sub - consultants, to the City In CSI (Construction Specifications Institute) format. City Staff will combine these specifications with the City Boller Plate which together, will become the Project Manual. Page 2 of 4 25R-20 Final Opinion of Probable Cost Consultant shall provide updated opinion of probable construction cost which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project, Should project scope exceed available budget, project plans/speclflcatlons will be phased as appropriate. Plan Check & Permits; Plan process with Governmental agencies having jurisdiction over the project by City Staff per RFP. Construction drawings shall be submitted at 90% completion for constructabllity review by Public Works Engineering Divlslon, and revised as directed, The 100% complete construction drawing package will then be submitted for final City review and relevant Agencies, ConsVuctlon drawings shall be In accordance with the 2013 California Building Code and the Americans with Disabilities Act and will also require ravlew/approval by the City Planning and Building Agency, As a condition of plan check approval, plans and specifications will be signed by a California licensed architect / landscape architect / civil engineer, Task M Bid Advertisement, Construction Administration, Record Drawings; Bid Advertisement Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for Information/clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre-bid meeting, If scheduled. Construction Administration Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for Information/clarification, and/or reviewing submittals. Record Drawings/ As-bullt Plans; Upon construction completion, consultant shall Incorporate as -built Information, as provided by the General Contractor, Into the drawing files to provide record drawings for City archives, B. Compensation MS+MEGT Collaborative Task Pre -Design Task II Design Development Task III Construction Documents Task IV Bid Advertisement, Construction Administration, Record Drawings SubTotal Civil Engineer Geotechnical Engineer MEP Engineer SubTotal Total Page 8 of 4 25R-21 $ 8,610 $12,900 $13,500 $ 3,930 $38,940 $19,000 $ 8,615 $ 6,000 $ 33,615 $7,2,555 Fees and reimbursable costs shall be billed monthly as a percentage of work completed or actual costs for additional services and relmbursables as defined herein. Reimbursable expenses are expenditures for the project made by MMC and consultants In the Interest of the project plus an administrative fee of 10M, Reimbursable expenses Include, but are not limited to, Travel expense, costs of reproduction, postage, services of professional consultants which cannot be quantified at the time of contracting, ( Le. Agricultural soils analysis, Structural Eng.) and other, similar project— related expenditures. Reimbursable expenses shall not exceed $3000 without prior approval by Client. C. Exclusions to Scope of Services and Additional Services/ City Resnonslb. hies The city will be responsible for the following Items; 9 Providing copies of available plans and existing documentation on file. k Providing standard City bollerplate specification. Acting as a Ilalson with the appropriate decision making bodies, as necessary. Furnish electronic design file with City title blocR and title sheet (24" x 36") Process plans for governmental agency approvals havingjurisdlction overthe project. Additional Services Include but are not limited to; a) Work requested and or authorized by the Client not defined In the `Scope of Worie or revisions and changes to Client approved drawings and the preparation of alternatives or change orders requested by the Client. b) Models, special renderings, promotlonal photography, special printing, special equipment, special printed reports or publication, maps, and documents requested by the Client. Hourly Rates; Monica Simpson Principal $150/hr Marjaneh Afkhami Principal $120/hr Deslgner/Drafting Associate/Staff $75-110/hr D. Jurisdiction and Termination MS + MEGT Collaborative maintains Professional Liability coverage for Its work and Is licensed In the State of California under Landscape Architecture License If 3835, We appreciate your consideration of our firm, and we look forward to working with you. Yours truly, Marjaneh Afkhaml, Principal Page 4 of 4 25R-22 CITY OF SANTA ANA: RFP 17 -02 -Center Street Wan Greening AAS+IVIFGFCollaborative Detailed Fee Schedule of the Proposed Costs I. Pre- Design. Concept Plan Package MS $150/hr 20 MA $120/hr 28 Staff $75/1hr 30 12% $. 8,610,00 II, Design Development -50% MS $150/hr 24 MA $120/hr 40 Staff $75/1hr 60 18% $ 12,900.00 . Itl,Canstructlop.Document+100% MS $150/hr 14 MA $120/1hr 45 Staff $75/hr 80 19% $ 13,500,00 IV. Bid AdveetiseNment/Construction MS $150/hr 6 Administration%As. Built Plans MA $120/frr 14 Staff $75/hr 18 12% $ 3,930.00 MS+MEOT 54% $ 38,940.00 Subconsultants and Misc, FR &Associates 8% $ 6,000 AESOC Eng. 12°! $- 8,615 Foresight Engineering 26% $ 19,000 $ 33,515.00 LEGEND MA Mar)anehAfkhamf IVIS MonicaSlliipson TOTAL $ 32,555.00 Mise, Expenses: $ails Agricuffural test Woo.06 Reprographic': $2,000.00 25R-23 25R-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED APPROVE AN ORDINANCE ❑ As Recommended REAUTHORIZING THE PUBLIC El As Amended � ❑ Ordinance on 1B1 Reading EDUCATIONAL, AND GOVERNMENT (PEG) ❑ Ordinance on 2nd Reading FEE ON STATE VIDEO SERVICE ❑ Implementing Resolution FRANCHISES OPERATING WITHIN THE ❑ Set Public Hearing For CITY {STRATEGIC PLAN NO. 2,2A) CONTINUED TO FILE NUMBER CITV MANAGER RECOMMENDED ACTION Approve an Ordinance re -authorizing the Public, Educational and Government (PEG) fee on state video service franchises operating within the City. I�]F.Yfl In 2008, the City adopted an ordinance establishing such a fee equivalent to one percent of the state franchisee's gross revenue. The City has two state -issued franchisees operating within the City, AT&T California and Charter Communication. This ordinance is not intended to impose a new or increased PEG fee, but rather is intended to reauthorize the already existing PEG fee at the same level, to the extent such reauthorization may be necessary to continue to collect the fee. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 — Youth, Education and Recreation, Objective #2 (Expand youth programming), Strategy A (Focus resources on quality youth engagement, civic awareness, enrichment and educational programs (i.e. youth camping trips) and expand after- school programs during out-of-school hours at the library and community centers.). FISCAL IMPACT The City anticipates receiving $240,000 in PEG fees for FY 17/18, which has already been included as part of the FY 17/18 City Budget in the CAN PEG Access Support account (no. 02113002-50054). 50A-1 Approve an Ordinance Within the City December 5, 2017 Page 2 Reauthorizing the PEG Fee On State Video Service Franchises Operating Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Ordinance APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez _ Executive Director Finance and Management Services Agency 50A-2 Imf 11/27/2017 ORDINANCE NO. NS -XXX AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REAUTHORIZING THE PUBLIC, EDUCATIONAL, AND GOVERNMENT (PEG) FEE ON STATE VIDEO SERVICE FRANCHISES OPERATING WITHIN THE CITY 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. Section 5870(n) of the California Public Utilities Code, which was enacted as part of the Digital Infrastructure and Video Competition Act of 2006, authorized the City of Santa Ana to adopt an ordinance establishing a fee on state -franchised video service providers operating within the City to support public, educational, and governmental access channel ("PEG") facilities. B. In 2008, the City adopted Ordinance No. 2774 establishing such a fee equivalent to 1%m of the state franchisee's gross revenue, as codified at Santa Ana Municipal Code, Chapter 15, Article II, Division 6, Section 15-271. C. Section 5870(n) of the Public Utilities Code provides that such an ordinance shall expire, and may be reauthorized, upon the expiration of a state franchise. D. The state -issued franchise covering the City, California Video Franchise Certificate Franchise No. 0002, granted to Pacific Bell Telephone Company d/b/a SBC Pacific Bell Telephone Company d/b/a AT&T California, expired on March 30, 2017 and was renewed on that same date. E. The state -issued franchise covering the City, California Video Franchise Certificate Franchise No. 0020, granted to Time Warner Cable Pacific West LLC d/b/a Charter Communications, will expire on January 2, 2018 and will be renewed on that same date. F. This ordinance is not intended to impose a new or increased PEG fee, but rather is intended to reauthorize the already existing PEG fee at the same level, to the extent such reauthorization may be necessary to continue to collect the fee. SECTION 2. The City Council of the City of Santa Ana hereby reauthorizes the fee on state -franchised video service providers to support PEG facilities, as codified at Santa Ana Municipal Code, Chapter 15, Article II, Division 6, Section 15-271. This fee Ordinance No. N3 -XXX Page 1 of 3 y 1 J shall remain unchanged and in full force and effect as to all state -franchised video service providers operating within the City. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions were to be declared invalid or unconstitutional. SECTION 4. This ordinance shall become effective thirty (30) days after its adoption. SECTION 5. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: --�g- W2-- Jobfi M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No, NS -XXX Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify 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 Ordinance No, NS•XXX Page 3 of 3 41A N REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 5, 2017 TITLE: APPROVE A RESOLUTION AND APPROPRIATION ADJUSTMENT RECOGNIZING THE AMERICAN LIBRARY ASSOCIATION GRANT FUNDS FOR THE LIBRARIES READY TO CODE PROGRAM (STRATEGIC PLAN NO. 2,2A) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve a Resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Parks, Recreation and Community Services Department to execute any paperwork necessary to comply with the program grant from the American Library Association for the Ready to Code Grant. 2. Approve an appropriation adjustment recognizing grant revenue in the amount of $25,000 from the American Library Association in the Public Library Grant revenue account (15211002-52040) and appropriating the same amount to the Libraries Ready to Code expenditure account (15211151 -various). DISCUSSION On June 24, 2017, the American Library Association (ALA) opened the application period for grants to develop public and school library programming that promotes computer science and computational thinking among youth. The grant opportunity, announced in June 2017, is the latest phase of the Libraries Ready to Code (RtC) initiative of ALA's Office for Information Technology Policy (OITP), sponsored by Google. Through a competitive request for proposals (RFP) process, a cohort of 25-50 libraries was selected to receive grants of up to $25,000 to design and implement youth coding programs that incorporate Ready to Code concepts. Through these programs, the library cohort will collaboratively develop, pilot and rapidly iterate a "Ready to Code" toolkit containing a selection of computer science resources for libraries and an implementation guide. The Santa Ana Library submitted a proposal and on October 17, 2017 the City received notification that the proposal was approved for funding of $25,000. The City has executed the agreement, but additional documentation in the future may be needed. In order to comply with the 55A-1 Approve a Resolution and Appropriation Adjustment Recognizing the American Library Association Grant Funds For the Libraries Ready to Code Program December 5, 2017 Page 2 terms of the Grant, the City needs to execute certain certifications, assurances, and other documents. Staff is requesting that the City Council authorize the Executive Director of the Parks, Recreation and Community Services Department to execute those certifications, assurances and other documents necessary to comply with the terms of the Grant and submit documents in a timely manner. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 – Youth, Education and Recreation, Objective #2 (Expand youth programming), Strategy A (Focus resources on quality youth engagement, civic awareness, enrichment and educational programs (i.e. youth camping trips) and expand after- school programs during out-of-school hours at the library and community centers.). FISCAL IMPACT The appropriation adjustment will recognize $25,000 in grant funding from the American Library Association in the Public Library Grant revenue account (15211002-52040), and appropriate the same to the Libraries Ready to Code expenditure account (15211151 -various) in Fiscal Year 2017/2018. �—erardo Mouet xecutive Director Parks, Recreation and Community Services Agency EXHIBITS: 1. Resolution 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 55A-2 12/5/17 LR RESOLUTION NO. 2017 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACKNOWLEDGING ACCEPTANCE OF THE AMERICAN LIBRARY ASSOCIATION'S READY TO CODE GRANT AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE ANY PAPERWORK NECESSARY TO COMPLY WITH THE GRANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The American Library Association ("ALA"), sponsored by Google issued a Notice of Funding Availability dated July 24, 2017 ("NOFA") under the Libraries Ready to Code Program ("Program"). B. The City of Santa Ana filed an application for the Program grant on August 31, 2017 focusing on providing children and young adults with computational thinking and computer science training. C. The ALA is authorized to approve funding allocations for the Program, subject to the terms and conditions of the Agreement. D. On October 17, 2017, the City received an award letter from the ALA informing the City that the grant application was approved for $25,000. E. On October 24, 2017, the City submitted an executed agreement to ALA for the Program to be able to begin implementation and receive funding. Section 2. The City Council of the City of Santa Ana hereby acknowledges receipt of the ALA Program grant. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the Executive Director of the Parks, Recreation and Community Services Agency to provide any and all other documents including any grant assurances or certifications required or deemed necessary or appropriate to comply with the Program grant from the ALA, all amendments thereto (collectively, the "Ready to Code Grant Documents"), and any periodic reports required for compliance with the Program grant. Resolution 2017 -XXX Page 1 of 2 6V j$ LTJ Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2017. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017- to be the original resolution adopted by the City Council of the City of Santa Ana on 2017. Date: Clerk of the Council City of Santa Ana mm . Resolution 2017 -XXX Page 2 of 2 INSURANCE NOT REQUIRED WORK AAAv PROCFFD N-2017-217 &VCIERK pUNCIL DATE:." 23205, '4, Hbraries reaad y to cod e Administered by Sponsored by r" r Google Congratulations!!! You are invited to join the Libraries Ready to Code - Phase III cohort Instructions Please review this Memorandum of Understanding including the Funds, Travel Support & Project Research and Required Activities sections below. Complete, sign and return it by no later than October 24, 2017 to: Abby Jamroz YALSA ajamrozgala.org (312) 280-5276 (fax) Please keep a signed copy for your files. Section I: Funds, Travel Support, and Project Research o Cohort libraries will receive the funds requested in their grant application, for their Libraries Ready to Code project within 10 business days of ALA's receipt of the signed agreement. a Funds are available on a per need basis to travel to ALA Midwinter for a Libraries Ready to Code cohort meeting. We are not able to support every cohort member in attending the meeting. In order to provide funds for those cohort members who have the greatest need, a form will be posted in early November requesting libraries that are seeking funds to write a statement of need. s Cohort libraries will be invited to participate in optional research activities. You will receive a separate consent form from Dr. Mega Subramaniam from the University of Maryland once this agreement is signed. No additional activities are required for the research component of this project. Section Il: Required Activities I understand that as a member of the Libraries Ready to Code cohort I will: 1. Implement the program as described in the grant application beginning November 2017 through August 2018 2. Integrate Ready to Code concepts into the program at all stages: planning, design. implementation, and evaluation 3. Actively provide feedback on CT and CS resources provided by ALA, Google, and cohort members and agree to spend approximately 1 hour per week on this activity 4. Actively test and provide feedback on implementation ideas provided by ALA, Google, and cohort members and agree to spend approximately 1 hour per week on this activity Libraries Ready to Code Memorandum of Understanding Page 1 lsrCJ 5. Actively participate in an ongoing Community of Practice with an average weekly time commitment of 1 hour per week 6. Have the capacity (including staff and time) to design, plan, and implement this project 7. Inform the Ready to Code project team as soon as possible if my ability to participate in this project changes at any time during the project timeframe 8. Create and contribute at least one deliverable to ALA such as a blog post, journal article, video or other appropriate item related to some aspect of my work on implementation of my library's grant project so that others in the library community can benefit from my work 9. Prepare a final report of how the work I have proposed at my library went, including an assessment of how the program meets/has met the goals articulated in my proposal,an accounting of how monies were spent, and record of all media outreach conducted or obtained [template will be provided] 10. Participate in Ready to Code project evaluation activities as requested from the external evaluator (1-2 hours over the course of the project) 11. Conduct media outreach, or work with appropriate library staff to do so, [sample press releases will be provided for you to adapt] and: a. Include mention of the American Library Association (ALA) as the funder, and Google as the sponsor, in all media outreach b. Follow ALA guidelines for logo use as outlined here: c. Obtain approval from ALA and Google prior to releasing any external statements about your participation in Ready to Code or using their logos 12. Sign a standard non -disclosure agreement with Google [to be sent via email upon acceptance of this MOU] Section III: Execution of Agreement The undersigned authorized library representative agrees to fulfill and complete all `required activities" in a timely manner, per the guidelines stated on page one in "Section I: Funds & Research" and "Section II: Required Activities." By signing below, I am confirming that all information on my application is accurate and complete. Cohort Member Name See Attached Signature Page Organization Name City of Santa Ana Phone Email'nA Signature n tya ger ME Libraries Ready to Code Memorandum of Understanding Page 2 Address to mail funds to; Send to the attention of Cheryl Eberly Name of organization City of Santa Ana (Santa Ana Public Library) Street Address 20 Civic Center Plaza M-23 Town Santa Ana State CA Zipcode 92702 Libraries Ready to Code Memorandum of Understanding Page 3 y ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Zu 'a— . Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: A--� ih-zt- Gerardo.Mouet Executive Director, Parks, Recreation and.Community Services Agency CITY OF SANTA ANA Interim City yr W • Exhibit 1 to Libraries Ready to Code MOU—Grant Application • y Eberly, Cheryl From: no-reply@einailmeforin.com on behalf of EmailMeForm <no - re ply@em ai I meform.co m> Sent: Thursday, August 31, 2017 2:13 PM To: Eberly, Cheryl Subject: Libraries Ready to Code Phase III Application [#18961 Hello, We have received your submission. thank you! Is your library located in the United States or U.S. Territories? yes Is the program in your application focused on computational thinking Yes (CT) or computer science (CS) °: Does the program in your application focus on serving children or youth in Yes grades PreK-12?r: Will your program be 100"/ free of cost for youth and their families, Yes including deposits?°: Do you have prior approval from your library administration to implement this program? Yes Verification may be required upon request. ": Your Name,: Cheryl Eberly Your Emailr: ceberly@santa-ana.org Name of Library': Santa Ana Public Library 26 Civic Center Plaza Library Address`: Santa Ana, California 92701 United States Library Website URL: http://wxvw.ei.santa-ana.ea.tis/library/ Phone: 714-647-5288 Type of library': Public Library location": Urban What I the size of your library': Large (< 1000 students in the school or <500k in the public library wl service area) How many children and teens did your library serve in 2016? (On-site 54,500 and off-site)': What are the primary demographics Hispanic or Latino, Low Socio-economic. Non English speaking or of your patrons or service area (check English language learners all that apply)': The Library received the 2016 National Medal for Museum and Library Service. This award reflects the activities growing from the Library's constant efforts to offer innovative community responsive programs and services that are accessible to our challenged What are your library's major community. We consider ourselves "THE MIRACLE MAKING achievements in the past year? (up to LIBRARY. We customize the little resources we do have to fit our 100 words)*: needs, and, more importantly, the needs of the community where we are ingrained." Although we faced budget and staff shortages in 2016, we were able to leverage our community networks and resources to continue providing over 50 weekly programs to adults, children and teens. We provide youth driven programs that engage teens civically and impart college/career, STE(A)M and life skills. We also provide homework help for I sL-12th grade. Some of the high -impact teen programs we provide are: Seeds To Trees Digital Media Tech What types of programs for children Academy. "Memories of Migration" Teen Community Historian and teens does your library provide. Project, Youth Civic Engagement Internships. TeenSpace (up to 100 words)': Cooks/Bakes. Teen Entrepreneurs, Probation Youth Community Service Program. STeP: Skills for Teen/Young Parents, and Buddy Programs that pair teen volunteer "Big Buddy" mentors with elementary age "Little Buddies" to support reading, math. arts, health. science and music skills. Younger children are offered special readin--, math and STE(A)M prourams. All SAPL's youth programs are built on the 2014 National Arts and Humanities Youth Program award-winning Circle of Mentoring model, in which adults mentor teens and teens mentor younger children. Eventually, young children become teen volunteers, and teen volunteers become adults who come back to nurture teens. This concept was developed from the basic educational precept that when What makes your youth programs one teaches, two learn, and closes the Circle of Mentoring by teaching unique, innovative, and/or sets your teens to be mentors to younger children. Teens develop their own library apart from other libraries? skills and take ownership of programs by passing them on to a (up to 200 words)': younger generation. The Circle has enabled TeenSpace to become a place ormentorship, where diverse community youth can transition into adulthood. The model caters to the non-traditional learners that predominate in our community: children, preadolescents and teens alike adapting to the complex demands of homework and transitioning to adulthood while dealing with a host of inner and external challenges. The Circle ensures that youth are provided with: I. A safe space, 2. Caring Adult mentors, and 3. Opportunities to meaningfully contribute to their community. The Circle of Mentoring model has been the algorithm of success for high -impact, youth driven, community responsive programming for the past 12 years. Your ALA member number, if OOOR309 applicable: Please provide us with details about the specific computational thinking and/or computer science education program you will implement during the grant period, October 2017 - Youth Know CS for Civic Engagement Project September 2018. Name of the CS/CT program you'd like to implement as part of this grant": flx 1 PHASE I: INITIATION (October - December) (8 weeks) Staff Mentor CT!CS Tools Training: Eight 2 hours sessions for 3 week duration. 20 staff. Teen C'1/CS + X Teen Program Initiation: Eleven 1.5 hours sessions Seeds To Trees Digital Media Tech Academy (20 Teens) , Youth Know Social Innovation Academy (30 Teens) . Youth Commission (16 commissioners). Memories of Migration Project (10 Interns) TeenSpace Cooks/Bakes (3 sites/40 youth), Teen Entrepreneurs (? sites/ 15 youth). Probation Youth Community Service Program ( I site/ 8 yrouth), Teen Arts. Crafts and Design (3 sites/40 youth). Scholarship Club (2 sites/ 30 youth), Teen Gaming (4 sites/40 youth) , STeP Skills for Tecn/Young Parents (10 participants). Four 30 minute sessions at the following 4 Teen mentored "Buddy Programs': ABC -12J Buddy (4 sites. 20 Teens. 80 Liules) : Science, Program description. Provide specific Healthy/Sports, Teen Jams/NJusic Buddy (I5 Teens/ 30 Littles) details about the program you will IIOUR OF CODE EVENT ( December' -101 7) (80 participants) design and implement and PHASE 2: ACTIVATION (January-N[arch) (12 weeks) implement.(up to 300 words) YOUTH KNOW CS for CIVIC ENGAGEMFNT INSTITUTE (t2 Weeks) : 25 participants GIRLS KNOW CS INSTITUTE (4 Weeks March): 40 participants Girls in CS Leadership Conference (March 2018) :(80 participants) PHASE 3: ENGAGEMENT (April - September) (24 Weeks) YOUTH KNOW CS for Civic Engagement INTERNSHIP PROGRAM : 6 Teen Interns. 10 Youth Ambassadors. Youth Know CS for Community Club for Young Adults: (I5 volunteer members) Junior CS Club: ( 15 volunteer members) Fieldtrips: (3 Fieldtrips/ 30 participants) Youth Know CT,'CS +X Teen Program Initiation Sessions: (64 sessions/ 300+ Teens, 100+ Little Buddies) Youth Know C UCS + Haunted House Planning: (8 Sessions;'] 2 Teens) Code Buddy Program: (8 sessions /10 Teen Big Buddies/ 40 Little flx 1 Buddies ) Solutions for Community Sustainability I lack-a-thon: (50 community members) Youth Know Social Innovation Flack-a-thoutr TcenSpace Sleepover (30 participants) International Programmer's Day Celebration (September 13.2018): 80 participants The goal of this project is to provide young adults and children with CT and CS training. Youth will learn CT/CS techniques, tools and careers and how to use CT/CS as a tool to pursue their own goals, be they academic /career goals, concerns with civic engagement/social justice, or just to share ideas, interests and fun with others. This program will train teen services staff members in CT skills that they will incorporate into their programs to introduce youth to CT /CS. Teens will learn to integrate CT /CS skills into their interests. Teens What is the goal(s) and objective(s) of with deeper interest in CS and Coding will be empowered to launch 2 the program? How will you measure library CS clubs where they continue honing their CT/CS skills while them? (up to 200 words)': learning to engage and pass on these skills to others in their community. This project will introduce 200+ children and 800+ teens to CT/CS skills they can use throughout their academic, working and personal lives. 85% of all program participants will acknowledge an increased understanding of CT /CS principles/tools/careers. 80% of program participants will acknowledge an increased desire to utilize CT/ CS in their academic, working and personal lives to complement their interests. We will measure via surveys, observations and self - reports. The youth that make up such a large percentage of our community are faced with many challenges. 91% of our student population is eligible for free/reduced priced meals. They are experiencing the results of the What need(s) in your community will cultural. economic, educational. and situational challenges endemic to this program address? (up to 100 a poor urban immigrant community. They have grown up in a built words ' Out environment suffering from high population density, and an expanding and very present homeless population. Their families and community cannot afford to provide them with modern technology and training. The need for access to CT/CS technology and draining for youth in Santa Ana is acute. Which of the following best describes the frequency of your proposed Series or sessions for multiple learner groups program:`: Which of the following best describes iblulti-day sessions the intensity of your program °: When will your program be offered? After school, On the weekend, Over a holiday or school break Check all that apply*: How many youth do you estimate S00 serving through this program?': What approximate grade levels of children/teens will participate in this pre -K - 2, 3-5, 6-8, 9-12 program?. What is the amount of funding you're requesting to support this program? 25000 (tip to SM,000)': $13,500 : Salaries for paid student interns for Youth Know CS for Civic Engagement Internship Program (6 Interns X $ l (.23 X 200 hours ) $5,300 : Salaries for Staff CT/CS tools Training (20 Staff X $16.23 X 16 hours) Please describe what the funds will be $5,000 : Salary for Tutor/Mentors who will serve as lead used for (up to 250 words)': coordinating/advisory staff for Youth Know CS for Civic Engagement Institute, Girls Know CS Institute, Youth Know CS for Community Club for Young Adults and Junior CS Club ($16.23 X 305 staff hours) $1,200 : CS Material and supplies. Preliminary items to purchase include Rasberry Pi and Arduino based materials, and Bloxels kits. Materials and supplies list will be finalized with input from youth program participants and CT/CS trained staff. Cheryl A. Eberly, Principal Librarian Young Adult and Volunteer Services. Flas over 16 years experience coordinatins innovative. Please provide the name,,job title, community responsive , youth driven, award winning volunteer and and list the relevant experience of the mentorship based young adult programming. Successfully person who will be overseeing this implemented over I5 grants amounting to over $2 million for high program. (up to 100 words) `: impact, young adult programming that provided civic engagement. paid work -experience , access to technology. STEM• educational opportunities and mentorship to underepresented youth populations. 19BIT124 Our program will focus on increasing diversity in CS field by engaging youth of color, from low income families and girls. Santa Ana's population is 78% Latino and l I% Asian. 71 % speak Spanish and 9.7% speak an Asian language at home. 45% are foreign bom. 60% of K-12 students are English language learners, and 91% Does your program focus on students in our school districts qualify for free or reduced meals. The increasing diversity in the computer educational statistics are even more discouraging: Over 42% of adults science field (e.g. girls, youth from have not graduated high school and only 11% of our population have low income families, or youth of a college degree. For our over 100,000 children and young adults of color?) . If yes, please describe which both sexes, the future can seem bleak, opportunities few and limited in underrepresented audience(s) you scope. All of the young people in our programs carry some of the focus on and why. (up to 200 stigmata represesented by these statistics. We serve and employ many words)': youth who face food and housing insecuritites, foster youth, youth on probation, and many who are single parents, and many whose academic success is hampered by language barriers . Our experience has been that girls in our community are not engaged in CS learning. This program will introduce youth to CS careers and empower them to pursue this high demand, lucrative field of work. In your own words, what are barriers In a financially strapped city, funds to implement new programs. 19BIT124 and challenges you have in especially those requiring specialized equipment and/or skilled facilitating CT/CS programs at your personnel. is always a major concern. 'file Library has repeatedly library and hove have you addressccl sought grants to supplement our budget in ways that will provide them or what do you need to address funds for south programming. In addition, we have leveraged our theta? (up to 200 words)': position as managers of the City's government TV channel to purchase equipment that can be used by students to produce programming content. The result has been vastly increased availability of devices and access to WiFi. and an ongoing program of video production for teens and young adults Another recurring concern is attracting and engaging the skilled personnel required to provide CT/CS expertise and draining. The Library has approached this problem by reaching out into the community to contact community partners who can and are willing to donate their time to serving community youth. As a result, we have ongoing relationships with a variety of skilled people who can be called upon to assist. Finally. we are chronically short-staffed, so that implementing new programs requires careful distribution of stal7'tinve and attention. We have attacked this concern by integrating the staff and youth volunteers interns, cross -training them and utilizing their various skills as appropriate All libraries selected will demonstrate in their application an understanding of and ability to integrate Ready to Code concepts as listed in the RFP. In Connecting the interests of the participants to CT/CS. If so explain this section let us Icnow how you plan flow in tite box below, Involve children or teens in the design or to integrated Ready to Code concepts implementation of the program? Is so, explain how in the box below., in the program you are proposing. Inovlving community in the design and/or implementation of the (You can read more about the Ready program. If so, explain how in the box below., Connecting youth to to Code concepts on the Ready to learning opportunities beyond what's offered as a part of the program. Code website If so, explain hove in the box below., Working with outside coaches http://Nvwiv.ala.org/tools/readytocode) and mentors to help facilitate the program. If so, explain how in the Which of the following Ready to box below. Code concepts will you integrate into this program? (Select all that apply -Y: • Connect the interests ....: via our Teen CTiCS + X Program in which trained staff and guest mentors will present sessions to introduce teens to CT/ CS Concepts and Tools, and CS Career padis Describe how the Ready to Code that incorporate youth interests. These sessions will be provided to will concepts that you selected above will youth participants/volunteers who attend TeenSpace programs that aim. align with their interests/needs like Digital Media Arts, Social Justice. be integrated into the ped int Civic Engagement, History, Cooking/baking, Entrepreneurship. Arts. to grates) `: Design. Gaining. Health. Sports and Music. • Involve children ...: YOUTH KNOW CS for CIVIC ENGAGEMENT INSTITUTE where CS Institute participants will learn CTICS concepts and tools all(] be guided towards envisioning; MAP 16 CT/CS interventions for community issues such as homelessness. Food insecurity, Health and Community Sustainability. YOUTH KNOW CS for Civic Engagement INTERNSHIP PROGRAM kill involve youth interns. ambassadors and volunteers in designing and implementing 3 CS clubs, Code Buddy programs, lielcltrips. and'_' hack -a -thous. They will take on the role of initiators in CT/CS + X Youth Programming in the summer. In all these programs, library staff will take on a co -learner role with youth. • Involving community...: This will be achieved during our Hour of Code. Community Sustainability Hack-a-thons and at outreach events. • Connecting youth to learning...: Youth will be taken on 3 flelcitrips to local CT/CS sites. Youth will decide on the 3 locations that they would like to visit. • Work with outside coaches/mentors...: Invite TeenSpace Circle of Nlenloring program alumni who are CS professionals with careers at Northrop Grumman. Blizzard Entertaiment. Apple and Amazon.com to name a few. Engage our network of local community CS professionals, and community connections at SolarCity, SpaceX. Google and Microsoft. Solicit our higher education partners Santa Ana College. UCI, and CSUF to refer CS students to serve as coaches/mentors. Connect with CS organizations whose mission in to provide support like NC W IT Aspire IT program and Technolochicas. Statement of Agreement I affirm that all of the information provided in this Yes application is true and accurate to the best of my knowledge.': OA -166 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: ANNUAL REVIEW OF COUNCIL COMMITTEES — ADOPT RESOLUTION TO AFFIRM COMMITTEES AND SET POLICY ON MEMBERSHIP, APPOINTMENT OF MEMBERS, AND APPROVAL OF 2018 CALENDAR OF STANDING MEETINGS (STRATEGIC PLAN NO. 5, 1) CIV MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt resolution memorializing direction from the City Council as to the number of committees a member may serve on and re -affirming the council committees. • Community Services Committee (and Joint Santa Ana Unified School District and City Council Committee) • Economic Development, Infrastructure and Technology Committee • Legislative Affairs, Ethics, Transparency and Communications Committee • Public Safety, Code Enforcement and Neighborhood Empowerment Committee 2. , Review list of committee members and elect new members as desired. 3. Approve the 2018 calendar of regular standing meetings. DISCUSSION The City Council first established Council Committees in 1999. Since then, they are periodically reviewed to ensure the diverse issues and challenges facing the City are adequately addressed. Currently the City Council has four (4) committees, but may be amended as directed by the City Council: • Community Services Committee (and Joint Santa Ana Unified School District and City Council Committee) • Economic Development, Infrastructure and Technology Committee 5513-1 Annual Review of Council Committees December 5, 2017 Page 2 Legislative Affairs, Ethics, Transparency and Communications Committee Public Safety, Code Enforcement and Neighborhood Empowerment Committee At the November 21, 2017 City Council Meeting, members discussed implementation of a new policy in which a Councilmember may serve on no more than two committees at a time. Adoption of attached resolution will memorialize direction provided to staff by a majority of the City Council. Annually, the City Council reviews the list of current committee members and makes adjustments as need. A list of current committee members is attached for review. Confirmation of existing committee members or election of new committee members may be considered at this time to ensure that each committee has 2 or 3 members. Also, for scheduling and transparency purposes, staff recommends approval of the proposed calendar containing all City Council and Council Committee meetings for the upcoming year and that said calendar be posted on the City's website. A proposed schedule is attached for consideration. 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 Staffing costs associated with said item are included in the annual budget. Maria Hwzar Clerk of the Council Exhibits: 1. Resolution 2. List of Current Members 3. Proposed 2018 Calendar 55B-2 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION NO. 2017-009, AFFIRMING COUNCIL COMMITTEES AND SETTING POLICY AS TO THE NUMBER OF COUNCIL COMMITTEES A MEMBER MAY SERVE ON 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. By resolutions approved in the past, the City Council had created as many as eight (8) Council Committees for the purpose of focusing greater Council attention on key priorities coming before the Council in the future. B. The City Council now seeks to reorganize the Council Committees by replacing the previous six (6) with four (4) Council Committees of the City Council, in order to improve efficiency and productivity of the committee process. SECTION 2. From and after the date hereof, there shall be the following Committees of the City Council: 1. Community Services Committee (and Joint Santa Ana Unified School District and City Council Committee) 2. Economic Development, Infrastructure, Budget and Technology Committee 3. Legislative Affairs, Ethics, Transparency and Communications Committee 4. Public Safety, Code Enforcement and Neighborhood Empowerment Committee Each committee shall consist of two (2) or three (3) Councilmembers. The members on the committees shall be appointed by a majority of the entire City Council at a public meeting. Committee members do not receive additional stipends or compensation for serving of these committees. A Councilmember member may not serve on no more than two (2) committees at a time. Each committee member shall serve on the committee for a two year term commencing with the first meeting of each new City Council following a general election, but each Councilmember shall continue to serve on his or her committee until replaced. SECTION 3. This Resolution repeals and replaces all previous resolutions in their entirety relating to this subject matter. Exhibit 1 Resolution No. 2017 -XXX 55B-3 Page 1 of 2 ADOPTED this day of 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Sonia R. Carvalho, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2017- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 2 of 2 Maria D. Huizar, Clerk of the Council City of Santa Ana 55B-4 CITY OF SANTA ANA 2017 COUNCIL COMMITTEES & MEMBERS Youth, Education and 1. Villegas (Chair) SCI Parks, Recreation and Quarterly Community Services 2. Solorio (Vice -Chair) Community Services Jan., April, July, Oct. Committee 3. Benavides -(and Joint Santa Ana 4th Monday, 5:30 Unified School District p.m. and City Council Committee) Note: The committee changed name from Community Services. Public Safety, Code 1. Solorio (Chair) Police Department Every other Month Enforcement & 2. Villegas (Vice -Chair) Jan., MarMay, July, Jan., Neighborhood 3. Tinajero Advisory: Sept., No. Empowerment • Planning 2nd 2 Tuesday, 5:30 p.m. Economic Development, 1. Sarmiento Community Every other Month Infrastructure, Budget 2. Benavides (Vice- Development Jan., Mar., May, July, and Technology Chair) Sept., Nov. 3. Martinez (Chair) Advisory: • Planning & Building 2nd Monday, 5:00 Public Works p.m. • Finance • Information Technology Legislative Affairs, 1. Tinajero (Chair) City Manager's Office Quarterly Ethics, Transparency 2. Sarmiento (Vice- Jan. 10, 2018,jnoon and Communications Chair) Advisory: June, Sept., 3. Solorio • Clerk of the Council • City Attorney Wednesday, 1 c__,�LJ..1.. Note: *Joint SAUSD Council Committee to meet twice a yt;dt, nl lal SCI16uu Pursuant to Resolution No. 2017-009, the above Council Committees were formed. On 3/27/2017, the Community Services Council Committee met and updated name to "Youth, Education, and Community Services Council Committee." On October 4, 2017, the Legislative Affairs committees also updated committee name as reflected above. ** Members are appointed for a two year appointment. Exhibit 2 55B-5 I:\Council Committees Page 1 of 1 55B-6 Al � Exhibit , 55B- oil IN { |; )} is i! !� §\ i t 5 \ }) )\ \ \ / ` \ \ / . / { \\ } ° ( ® !! , )} \ § \ ; d \ \ / oz 0 u oil IN { |; 55B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: TITLE: APPROVE A TWO-YEAR EXTENSION OF THE SOLID WASTE SERVICES AGREEMENT, APPROVE AN APPROPRIATION ADJUSTMENT, AND REVIEW THE DRAFT SOLID WASTE SERVICES REQUEST FOR PROPOSALS (STRATEGIC PLAN NO. 4, 1) ,'TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute the proposed Extension of the Fourth Amended and Restated Agreement for Collection and Handling of Solid Waste with Waste Management Collection and Recycling, Inc. (dba Waste Management of Orange County), extending the expiration date to June 30, 2020, with provision for a one-year renewal exercisable by the City Manager and the City Attorney, and including the implementation of programs addressing the unfunded legislative mandates in California State Assembly Bills 1826 and 341, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment appropriating $672,000 from prior year fund balance in the Refuse Collection Enterprise Maintenance revenue account, and appropriating the same amount into the Refuse Collection Service expenditure account. 3. Review the Draft Solid Waste Services Request for Proposals. DISCUSSION On October 3, 2017, City Council directed staff to complete negotiations of a short-term contract extension with Waste Management Collection and Recycling, Inc. (dba Waste Management of Orange County, previously USA Waste of California, Inc.). These negotiations are now finalized and staff is recommending a two-year extension (Exhibit 1). The extension includes programming to address the unfunded State legislative mandates for organics (Assembly Bill 1826) and commercial/multi-family (Assembly Bill 341) recycling education and outreach. It allows for immediate implementation of education and outreach programming, bringing the City into compliance with State requirements. 65A-1 Approve a Two-year Solid Waste Agreement Extension and Appropriation Adjustment, and Review the Solid Waste Services Request for Proposals December 5, 2017 Page 2 With an estimated 40,000 residential customers with three separate cart pickups per week, this agreement extension maintains the high level of service which Santa Ana residents and businesses have come to rely upon. This agreement also continues complimentary City services, such as the following: Continuing Programs ■ Refuse collection at all City events. ■ Construction and demolition debris collection from City projects. • Alley debris pick-up, first and third weeks of each month, 120 hours each week. ■ Citywide garage sale debris pick-up from parkways following each event, 120 hours each quarter. • Up to 300, 40 -yard containers per year for neighborhood clean-up events. ■ Bi -annual, Citywide Household Hazardous Waste Collection event. New Programs and Features The following highlights the new programs and features included in the two-year agreement extension: • Establishes an Education and Outreach Campaign for State mandates AB 1826 and AB 341 to start immediately. • Establishes separation of construction and demolition solid waste generated through City construction projects as a standard operating procedure. • Establishes free walk -out service for disabled individuals. Pricia • Establishes a Contamination Penalty of $10 per occurrence for Residential customers, and $50 per occurrence for Commercial and Industrial customers, to encourage proper recycling, reduce contamination, and achieve State mandate AB 939 waste diversion goals. Fees will be assessed only after the customer fails to mitigate contamination following three notifications for residential service or two notifications for commercial service, and after verification. • Establishes a Damaged Cart Penalty of $45 for replacement caused by intentional or wanton destruction. • Establishes optional services available upon customer request: bin relocation, heavy truck service, residential curbside extra pickup, steam cleaning of carts, curbside household hazardous waste collection, walk -out service for other than disabled persons, and also provides the ability for customers to negotiate pricing for optional services not identified in in the agreement. 65A-2 Approve a Two-year Solid Waste Agreement Extension and Appropriation Adjustment, and Review the Solid Waste Services Request for Proposals December 5, 2017 Page 3 • Establishes AB 1826 and AB 341 Education and Outreach Programs. • Adjusts residential extra trash cart fees; however, customer rate will remain the same and the City will pay the differential. • Establishes a commercial cart rate; however, commercial cart customers will continue to pay the same rate and the City will pay the differential. • Maintains remaining customer service rates without increases, other than the standard, annual rate adjustment as detailed in the current agreement. The City has negotiated to pay the differential for the updated residential extra trash cart and new commercial cart service rates, and the recycling education and outreach program, through the extension period. These rates will go into effect immediately. We estimate the cost to the City for the first six months to be $672,000. For the two years of the extension, the City's cost is estimated to be $1,344,000 annually. These costs will be paid from the Refuse Collection Enterprise fund balance. The recommendations of the Comprehensive Prop 218 Fees and Charges Compliance Assessment (approved by Council on October 3, 2017) may require a subsequent Prop 218 process. This process could result in the full extra trash cart fee and commercial cart rates being paid for by the customer. The agreement extension achieves all of the necessary objectives for continued service until a new solid waste services Request for Proposals (RFP) process can be completed. As such, staff recommends the approval of the two-year extension. Co -terminus Construction/Demolition & Host Fee Agreements In Santa Ana, construction and demolition (C&D) debris hauling services are contracted separately. The two authorized haulers are Waste Management of Orange County and Ware Disposal. In addition, for maximum recycling diversion, all processing of C&D debris is contracted to be directed to Madison Materials through a Host Fee agreement. These agreements are co -terminus with the Solid Waste Services agreement. Therefore, once the Solid Waste Services agreement extension has been approved, staff will return to Council for approval of concurrent extensions of all related C&D agreements. NEW SOLID WASTE SERVICES RFP PROCESS On October 3, 2017, Council also directed staff to proceed with a Solid Waste Services RFP. The draft RFP is attached for review (Exhibit 2). An average solid waste RFP process, from development of the scope to contract implementation, could take approximately 16 months to complete, if there are no delays or complications. The City's Solid Waste Services Implementation Timeline (Exhibit 3) estimates 25 months from RFP release to implementation readiness. However, the RFP milestones are estimated to be completed within 16 months (without delays or complications), and includes approximately 90 days for a Prop 218 process. 65A-3 Approve a Two-year Solid Waste Agreement Extension and Appropriation Adjustment, and Review the Solid Waste Services Request for Proposals December 5, 2017 Page 4 The two-year extension will give the City sufficient time to complete the entire process. Staff will return at the January 16, 2018 Council Meeting for revisions and approval. STRATEGIC PLAN ALIGNMENT Approval of these items support the City's efforts to meet Goal #4 — City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. However, increased recycling activity will divert materials from the landfill, thus extending the life of the landfill system and recovering valuable recyclable resources. FISCAL IMPACT Funds to compensate Waste Management for the residential extra cart and commercial cart rate differentials, and AB 1826 and AB 341 Education and Outreach Program are to be paid from the Refuse Collection Enterprise. An estimated $672,000 will be needed to cover these costs for the remainder of Fiscal Year 2017-18. Upon approval of the recommended appropriation adjustment, $672,000 of prior year fund balance will be recognized into the Refuse Collection Enterprise Maintenance revenue account (No. 06917002-50001) and appropriated into the Refuse Collection Service expenditure account (No. 06917640-62300). Subsequent funding will be appropriated as needed in the Fiscal Years 2018-19 and 2019-20 Refuse Collection Enterprise budgets. APPROVED AS TO FUNDS AND ACCOUNTS: ©IZ y red Mousavipod—r Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency FM/MLM/CK Exhibits: 1. Extension of the Fourth Amended and Restated Agreement 2. Draft Solid Waste Services RFP 3. Revised Solid Waste Services Implementation Timeline 65A-4 EXTENSION OF FOURTH AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTE GENERATED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA This EXTENSION OF FOURTH AMENDED AND RESTATED AGREEMENT ("Extension") is made and entered into this 5th day of December, 2017 by and between the CITY of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Waste Management Collection and Recycling, Inc., a California corporation dba Waste Management of Orange County ("CONTRACTOR"). RECITALS A. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions. B. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well being require that the collection, transportation, and recycling, diversion by means of composting, mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency and means of such collection, transportation and recycling, yard waste diversion or disposal, and the charges and fees therefore, be provided by contract to a qualified contractor. C. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid Waste collection and handling. D. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it would be in the best interest of the CITY and the residents therein that the Original Agreement be revised to provide for Solid Waste collection, recycling and disposal of Curbside Service Units by means of automated Solid Waste collection vehicles and Solid Waste collection and recycling plastic carts. E. On June 1, 1996, CITY entered into an agreement entitled "Amended and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with Great Western Reclamation, a division of CONTRACTOR, to effectuate the new curbside service collection program. F. On June 1.9, 1997, CITY entered into an Agreement entitled "Second Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with Great Western Reclamation, a division of CONTRACTOR, to clarify the responsibilities associated with the collection, handling, and processing of solid waste collected by CONTRACTOR. G. On April 3, 2005, CITY entered into an Agreement entitled "Third Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Exhibit 1 65A-5 Accumulated in the City of Santa Ana" with USA Waste of California, Inc., a division of CONTRACTOR, in order to, among other things: (i) extend the term of the Agreement to June 30, 2018, (ii) incorporate new programs to increase recycling and reduce illegal disposal of used oil, as well as to reduce illegal dumping and litter throughout the CITY and (iii) include measures to ensure continued compliance with the 50% diversion requirements as imposed by the State of California. H. On June 20, 2017, CITY entered into a Fourth Amended and Restated Agreement with USA Waste of California, Inc., a division of CONTRACTOR, to incorporate the provisions of previous amendments and to clarify, update and realign other provisions of the Agreement ("Fourth Amended Agreement"). The Fourth Amended Agreement remains in effect through June 30, 2018. I. The parties now wish to extend the Fourth Amended, Agreement and include certain other provisions that the parties have agreed to for the balance of the term of the Fourth Amended Agreement, including clarification of CONTRACTOR's correct legal name. The Parties therefore agree: I . TERM OF CONTRACT: The term of the Fourth Amended Agreement shall be extended through June 30, 2020. The term may be extended for one year upon mutual agreement by the Parties. 2. CONTRACTOR'S LEGAL NAME: All references to CONTRACTOR in the Fourth Amended Agreement shall mean "Waste Management Collection and Recycling, Inc., a California corporation dba Waste Management of Orange County." 3. DEFINED TERMS: All terms that are defined terns in the Fourth Amended Agreement shall have the same meaning in this Extension. 4, ADDITIONAL RESIDENTIAL PLASTIC CARTS: CONTRACTOR shall offer additional Solid Waste collection and Recycling plastic carts beyond the minimum of three required under section 14(a) of the Fourth Amended Agreement, upon request by a Curbside Service Unit. Additional Recycling plastic carts for the collection of Recyclable Solid Waste (grey plastic carts), and for the collection of Yard Waste (green plastic carts) shall be provided at no additional charge to the Curbside Service Unit. For each additional Solid Waste collection plastic cart provided to a Curbside Service Unit, CITY will pay CONTRACTOR a monthly fee of ten dollars ($10.00). Gross Receipts derived from residential extra cart service shall be exempt from the franchise fee. 5. COMMERCIAL SOLID WASTE COLLECTION PLASTIC CARTS: CONTRACTOR shall offer Solid Waste collection carts to commereial/industrial locations where due to limited space, a solid waste bin cannot be accommodated. CONTRACTOR shall provide the CITY a listing of all commercial/industrial customers receiving Solid Waste collection cart service together with account number, address, and level of service provided. CITY will pay CONTRACTOR a monthly fee for each commercial Solid Waste collection plastic cart serviced by the CONTRACTOR in accordance with the following table. Billing transition for commercial cart service will be transitioned to CONTRACTOR, and is to occur over a period of eight weeks 2 65A-6 to coincide with removal from CITY billing cycles as appropriate, and agreed upon. 6. PENALTY FOR CONTAMINATION OF RECYCLABLE SOLID WASTE AND YARD WASTE CONTAINERS: CONTRACTOR is responsible for visually inspecting containers for the collection of Recyclable Solid Waste and for the collection of Yard Waste as may be necessary to determine whether the content is contaminated with non -recyclable solid waste, The recyclable solid waste container shall be considered contaminated if it contains more than 10% non -recyclable solid waste or 10% yard waste, individually or combined, in the recyclable solid waste container. The yard waste container shall be considered contaminated if it contains more than 10% non -yard waste materials, CONTRACTOR shall follow the procedures listed below for addressing contaminated Recyclable Solid Waste containers or. Yard Waste containers as well as.providing written documentation prior to assessing penalties. a. Curb -Side Service Units • I" and 2°`t instance: CONTRACTOR shall take photograph(s) of cart content, collect the material from the cart, leave a courtesy notice approved by the CITY that explains why the material collected was non- conforming, and notify the CITY. The written notice shall also explain the policy for non -conforming materials, recommend corrective action, and explain the consequences for repeated instances. Yd instance and subsequent instances: In addition to the requirements under the 111 and 2d instance, CONTRACTOR shall have the option of assessing a contamination penalty of ten dollars ($10.00), or follow the non -collection procedure in Section 12(c) of the Fourth Amended Agreement. b. Commercial and Roll -Off Customers 1st instance: The CONTRACTOR shall take photograph(s) of container content, collect the material from the container, provide a courtesy notice that explains why the material collected was non -conforming, and notify the CITY. The written notice shall also explain the policy for non -conforming materials, recommend corrective action, and explain the consequences for repeated instances. 65A-7 Frequency of Collection 1 X Week 2 X Week PX Week 4 X Week 5 X Week6 X Week 96 Gallon $44.63 $77.95 $111.34 $144.751 $178.10 $222.71 6. PENALTY FOR CONTAMINATION OF RECYCLABLE SOLID WASTE AND YARD WASTE CONTAINERS: CONTRACTOR is responsible for visually inspecting containers for the collection of Recyclable Solid Waste and for the collection of Yard Waste as may be necessary to determine whether the content is contaminated with non -recyclable solid waste, The recyclable solid waste container shall be considered contaminated if it contains more than 10% non -recyclable solid waste or 10% yard waste, individually or combined, in the recyclable solid waste container. The yard waste container shall be considered contaminated if it contains more than 10% non -yard waste materials, CONTRACTOR shall follow the procedures listed below for addressing contaminated Recyclable Solid Waste containers or. Yard Waste containers as well as.providing written documentation prior to assessing penalties. a. Curb -Side Service Units • I" and 2°`t instance: CONTRACTOR shall take photograph(s) of cart content, collect the material from the cart, leave a courtesy notice approved by the CITY that explains why the material collected was non- conforming, and notify the CITY. The written notice shall also explain the policy for non -conforming materials, recommend corrective action, and explain the consequences for repeated instances. Yd instance and subsequent instances: In addition to the requirements under the 111 and 2d instance, CONTRACTOR shall have the option of assessing a contamination penalty of ten dollars ($10.00), or follow the non -collection procedure in Section 12(c) of the Fourth Amended Agreement. b. Commercial and Roll -Off Customers 1st instance: The CONTRACTOR shall take photograph(s) of container content, collect the material from the container, provide a courtesy notice that explains why the material collected was non -conforming, and notify the CITY. The written notice shall also explain the policy for non -conforming materials, recommend corrective action, and explain the consequences for repeated instances. 65A-7 • 2"a instance and subsequent instances: In addition to the requirements under the 1st instance, CONTRACTOR shall have the option of assessing a contamination penalty of fifty dollars ($50,00), or CONTRACTOR may refuse to collect contaminated containers upon written notification to the Customer indicating the reason for non - collection, and options for corrective action. A copy of such notice shall be delivered to the CITY via email upon request by the Executive Director of the Public Works Agency or his representative. Each written notification and photograph(s) shall he transmitted to the CITY. For Curbside Service Units, the second or third instance shall be counted as such if they occur within twelve (12) calendar months of the initial instance. For Commercial and Roll -off customers, the second instance shall be counted as such if it occurs within twelve (12) calendar months of the initial instance of each Non -Conforming type, If twelve (12) calendar months have elapsed since a written notification was issued for a non-confonning cart or container, the next instance shall be deemed the initial instance. If the CUSTOMER has changed, and the account is new, with different occupants, the written notification shall be considered the initial instance. 7. SEPARATION OF CONSTRUCTION AND DEMOLITION SOLID WASTE: The CITY will implement procedures to separate wood, green waste, metals, and inert materials from mixed waste generated through CITY construction projects from CITY Government Operations. The separation procedures will be applied to inbound loads that readily lend themselves to manual separation. The implementation of the procedures may, from time -to - time, be hampered by CITY Yard logistics or by personnel availability. The separation procedures will be incorporated by the CITY as a standard operating procedure and will be reasonably and practicably applied. 8. WALK -OUT SERVICE: CONTRACTOR shall provide walk -out service to disabled individuals at Curbside Service Units, consisting of removing Solid Waste collection carts, and Recycling plastic carts from Customer's storage area, placing them out for collection, and returning carts to Customer's storage area after collection, ensuring that all doors or gates are closed securely, at no additional charge To be eligible for this service, the person at the Curbside Service Unit shall have a DMV issued disabled person placard or license plates or provide a letter to CONTRACTOR from a licensed physician certifying that he or she is unable to move his/her Carts to the curb, and that to the best ofthe physician's knowledge there is no other capable persons living in the Curbside Service Unit to provide this service. If eligibility is established by physician certification, CONTRACTOR may require each eligible person at the Curbside Service Unit to provide a new letter from a physician on an annual basis in order to maintain eligibility for walk- out service. CONTRACTOR shall provide walk -out service to other than disabled individuals at the request of the Customer, for a monthly fee as defined in Section 11(f) of this Extension. CONTRACTOR may require as a condition of walk -out service that a Customer sign a standardized agreement, the terms of which shall be subject to CITY's approval, which authorizes entry onto the Curbside Service Unit serviced under Customer's account and holds 65A-8 CONTRACTOR harmless from liability (including specifically liability related to pets escaping) associated with CONTRACTOR providing such service. 9. ASSEMBLY BILL 1826 & ASSEMBLY BILL 341 (STATE REQUIREMENTS REGARDING MANDATORY COMMERCIAL RECYCLING) OUTREACH AND EDUCATION: In addition to the education and public awareness programs undertaken in accordance with the Fourth Amended Agreement, CONTRACTOR shall make good faith efforts to assist the CITY to implement the requirements of AB 341 and AB 1826, including the education, outreach and monitoring requirements of those laws. CONTRACTOR agrees to provide such assistance, and more specifically to identify all customers subject to the requirements of AB 341 and AB 1826, provide periodic on-site visits to such premises to offer and promote these services as required, attempt to resolve any logistical detriments to providing these services, and notify the CITY where there is a repeated refusal to comply with AB 341 and AB 1826, CITY agrees to provide reasonable assistance to CONTRACTOR, including preparing a letter for distribution to Customers regarding AB 341 and AB 1826 requirements. Within ninety (90) days from the effective date of this Extension, CONTRACTOR shall provide CITY a detailed outreach and education program, which shall include at a minimum all of the elements set forth in Exhibit "I" hereto, CITY shall pay CONTRACTOR a monthly fee of $14,600 for providing an AB 1826 and AB 341 outreach and education program. Gross Receipts derived from the education and outreach program shall be exempt from the franchise fee. 10. DAMAGED CART PENALTY: CONTRACTOR may assess a penalty not to exceed forty-five dollars ($45,00) for replacement of a damaged cart caused by intentional or wanton destruction by the Curbside Service Unit, 11, ADDITIONAL OPTIONAL SERVICES: CONTRACTOR may offer on a subscription basis the following services at customer's sole option at a rate not to exceed the stated rates. Nothing herein is intended to alter the Grant of Contract and Exclusiveness as set forth in Sections 1 and 9 of the Fourth Amended Agreement. a, Bin relocation: Fifty dollars ($50.00) per occurrence. b. Heavy Truck Service: Seventy-five dollars ($75.00) per occurrence. c. Residential Extra Pick -Up: Thirty-five dollars ($35.00) per occurrence. d. Steam -Cleaning of Curbside Solid Waste Plastic Carts: Twenty-five dollars ($25.00) per cart. e. At -Your Door HHW Collection: One -hundred ninety dollars ($190.00) per occurrence, f. Walk -Out Service for Other Than Disabled Individuals: Twenty-five dollars ($25.00) per month. g. Other Optional Services: Other optional services for which a rate is not provided in Exhibit "C" to the Fourth Amended Agreement, at a rate to be negotiated between CONTRACTOR and a Curbside Service Unit or Customer. 65A-9 12. Except as extended and as otherwise modified by this Extension, all tenns and conditions of the Fourth Amended Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Extension to the Fourth Amended Agreement on the date and year first written above. r Ii fm MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: J04N M. FUNK Assistant City Attorney CITY OF SANTA ANA PAUL GODINEZ II City Manager CONTRACTOR Name: Title: FRED MOUSAVIPOUR, Executive Director Public Works Agency 0 65A-10 EXHIBIT 1 AB 1826 and 341 Education and Outreach Program a. List of Tier I, II, III Candidates (AB 1826 =1604 & AB 341=1643) i. Hauler Database 1. Food Waste (Cascadia— CalRecycle Waste Characterization) 2. Green Waste (25% Allocation Estimate) b. Source Reduction Strategy i. WASTENOT OC - O.C. Food Donations Flyer c. Recycling Strategy i. Green Waste Strategy— 25%Allocation ii. Food Waste Strategy— Cascadia Percentages based on Waste Characterization iii. Sell' -haul Reporting Strategy— Y3 Party Documentation d. Develop Compliance Timelines e. Outreach Strategy (AB 1826/AB 341— combined effort) i. Per Tier, Outreach Compliance Dates —PAST DUE 1. Tier I (November 2015 - April 2016) —102 Commercial Customers Businesses that generate & cubic yards of organic waste per week must arrange for organic waste recycling services. 2. Tier II (April 2016 — January 2017) —160 Commercial Customers Businesses that generate 4 cuUic yards of organic waste per week must arrange for organic waste recycling set -vices. 3. Tier III (January 2017 — January 2019) —1342 Commercial Customers Businesses that generate 4• cubic yards or more of commercial solid waste per week must arrange for organic waste recycling services. 7 65A-11 ii. Direct Mailing 1. City Letter— AB 1826 & AB 341 Compliance Message (to be provided by City) 2. WM Letter — Compliance Requirements/Recycling Assistance 3. Double Sided Outreach Flyer (Per Account holder) a. AB 1826 Organics Recycling Flyer (WM developed) b. AB 341 Mandatory Commercial Outreach Flyer (WM developed) 4. Commercial Self -Reporting Forms iii. Second Mailing—AB 1826/AB341 Non -Compliance Letter/Post Card Reminder of AB 1826/341 Legislation and Available WM "Right -Sizing" Assistance iv. Customer Interaction a. AB 1826 Target —Visit and evaluate compliance at approximately 20 accounts per month (Visits may be combined with AB 341 site visits.) i. Introductory Meeting (explain AB 1826/341 & compliance programs, provide educational materials) b, AB 341 Target — Visit and evaluate compliance at approximately 20 accounts per month (Visits may be combined with AB 1826 site visits.) i. Introductory Meeting (explain AB 1826/341 & compliance programs) ii. AB 341 - Program Training and Setup (train staff, deliver carts/bins, provide educational materials) 2. Marketing/Outreach Materials a. AB 1826 Organics Recycling Flyer b. AB 341/AB 1826 Multifamily Outreach Flyer H 65A-12 f. Reporting/Tracking Compliance i. Track New Participants and all customer outreach — AB 1826 & AB 341 9 65A-13 65A-14 Request for Proposals CITY OF SANTA ANA FRANCHISE COLLECTION SERVICES Issued by the City of Santa Ana, CA Exhibit 2 65A-15 City of Santa Ana, California TABLE OF CONTENTS SECTION 1- INTRODUCTION Table of Contents SECTION2 - BACKGROUND.................................................................................................................4 2.1 Background Information..............................................................................................................4 2.2 Contract Arrangements for Collection, Processing, and Disposal ............................................... 4 2.3 Agreement Term..........................................................................................................................4 SECTION 3 - SCOPE OF REQUESTED COLLECTION SERVICES.................................................................5 Company Description.................................................................................................................31 3.1 Summary of Collection Services................................................................................................... 5 3.2 Collection Services.......................................................................................................................6 3.3 Customer Rate Arrangements................................................................................................... 14 3.4 Public Education and Outreach.................................................................................................. 14 3.5 Diversion Requirements............................................................................................................. 16 3.6 Requirements for Operations, Equipment and Personnel........................................................16 3.7 Billing, Customer Service, Record Keeping and Reporting........................................................18 3.8 Contractor Implementation Plan...............................................................................................21 3.9 Alternative Proposals.................................................................................................................22 SECTION 4 - RFP POLICIES, CONDITIONS, AND PROCESS....................................................................23 4.1 Rights Reserved by the City....................................................................................................... 23 4.2 General RFP Requirements........................................................................................................23 4.3 Code of Conduct.........................................................................................................................24 4.4 Proposal Submittal Process........................................................................................................24 4.5 Limits on Disclosure of Proposals..............................................................................................27 SECTION 5 - SUBMITTAL REQUIREMENTS..........................................................................................29 5.1 Proposal Outline........................................................................................................................29 5.2 Cover Letter............................................................................................................................... 31 5.3 Executive Summary....................................................................................................................31 5.4 Company Description.................................................................................................................31 5.5 General Collection Related Submittal Requirements................................................................35 DRAFT RFP for Franchise Collection Services 11/28/17 65A-16 Page ii City of Santa Ana, California Table of Contents 5.6 Exceptions to RFP and Franchise Agreement............................................................................ 36 5.7 Cost Proposal............................................................................................................................. 37 5.8 Other Proposal Forms................................................................................................................39 5.9 Optional Street Sweeping Proposal...........................................................................................39 5.10 Additional Information...............................................................................................................39 SECTION 6 - PROPOSAL EVALUATION PROCESS.................................................................................40 6.1 Proposal Evaluation Process......................................................................................................40 6.2 Evaluation Criteria......................................................................................................................40 LIST OF TABLES Table1-2 RFP Schedule.........................................................................................................................3 Table 3-1 Matrix of Services by Sector..................................................................................................5 Table5-1 Proposal Outline..................................................................................................................20 Table 6-1 Evaluation Criteria and Maximum Evaluation Score...........................................................30 ATTACHMENTS 1......... Draft Agreement for Collection Services 2......... Proposer Code of Conduct 3......... Non -Collusion Affidavit 4......... Supplemental List of City Facilities 5......... Demographic Summary 6......... Service Data 7......... Current Rates 8......... Cost Proposal Forms 9......... Optional Street Sweeping Proposal Data and Form 10....... Optional Power Washing Proposal Data and Form 11....... AB 1669 Section 1070-1075 12....... Acceptable Household Hazardous Waste DRAFT RFP for Franchise Collection Services 11/28/17 65A-17 Page iii City of Santa Ana, California SECTION 1- INTRODUCTION Section 1. Introduction By issuing this Request for Proposals (RFP) for collection services, the City of Santa Ana (City) is competitively procuring franchised collection services. The City is seeking proposals for the collection of solid waste, recyclable materials and organic materials from Residential, Multi -Family Dwelling (MFD) and Commercial accounts and for City facilities, operations and events. The City's goals for the RFP process are to: 1. Implement high-quality, consistent and safe service delivery at the best value, 2. Secure excellent customer service and programs, and 3. Ensure diversion programs meet state mandates/industry standards and best practices. The City is soliciting proposals from service providers who can deliver efficient service while meeting the recycling diversion targets set by the City. Service providers are referred to as "Proposer" or "Collector" throughout this document. Participants in this RFP process should make note of and comply with the Proposer Code of Conduct (Attachment 2). A key point of reference is the Draft Collection Services Franchise Agreement (Agreement). The Agreement is included as Attachment 1. The Agreement provides definitions, contract terms, and conditions, including a complete description of the collection services requested. If there are differences between this RFP and the Agreement, the terms and conditions in the Agreement shall prevail. The City's goals and objectives for the RFP process and future collection services are as follows: 1.1.1 Integrity Competition in Selection Process, and Industry -Standard Contract Terms • Conduct the RFP process with integrity and transparency • Stimulate competition among proposing companies • Set high performance, safety and regulatory standards • Ensure value for ratepayers • Enter into contract with fair terms and conditions 1.1.2 Quality, High -Value Programs • Consistent, reliable and quality service • Demonstrated safety standards and proven safety record • Efficient service delivery that provides a strong value to the ratepayers • Responsive customer service system • Well-planned and professionally -executed transition to any new programs and services • Quality outreach and education • Effective diversion programs to ensure compliance with regulations DRAFT RFP for Franchise Collection Services 11/28/17 65A-18 Page 1 City of Santa Ana, California Section 1. Introduction • Local presence and commitment to serving the community 1o2RFP Overview The City initiated this RFP process to plan future programs and services and select a future contractor(s). The process will result in a new contract for collection services. The RFP process involves planning, soliciting and evaluating proposals; selecting and negotiating with the selected contractor; and, an implementation period leading to commencement of services on July 1, 2020. The City is soliciting proposals for the collection, transfer, disposal, processing and marketing of all solid waste, recyclable materials and organic materials. The City is interested in receiving proposals from companies that have demonstrated experience in providing solid waste, recyclable materials, and organic material collection services comparable to those described in this RFP and the Agreement. The City seeks collection contractors that place a high priority on customer service, community involvement, safety, and regulatory compliance. The City also requires proven diversion programs that achieve the City's and the State's goals. This RFP is organized into six sections as follows: Section 1 provides a brief introduction to the RFP. Section 2 provides background information including a description of the City service area. Section 3 presents the scope of requested collection services. Section 4 provides the RFP policies, conditions and process. Section 5 describes the RFP submittal requirements. Section 6 outlines the proposal evaluation process and proposal evaluation criteria. The key activities and completion dates for the RFP process are provided in Table 1-2. The RFP process is described in detail in Section 4. All questions regarding the RFP must be submitted in accordance with the Submission of Written Questions specified in Section 4.4. DRAFT RFP for Franchise Collection Services 11/28/17 Page 2 65A-19 City of Santa Ana, California Table 1-2 RFP Schedule Section 1. Introduction City releases RFP January 30, 2018 R.S.V.P deadline for pre -proposal meeting by 4 p.m. February 15, 2018 Deadline to submit signed Proposer Code of Conduct February 22, 2018 Mandatory pre -proposal meeting at 1:00 p.m. February 22, 2018 Deadline to submit written questions by 4 p.m. March 20, 2018 Responses to written questions, summary of responses provided at the pre- proposal meeting, and RFP addendum issued April 9, 2018 Proposals due by 4 p.m. May 29, 2018 Requests for clarifications of proposal information issued July 3, 2018 Proposer Interviews August 7, 2018 Evaluation results reported to City Council October 2, 2018 Contractor commence providing services July 1, 2020 * The City reserves the right to modify this schedule as needed. DRAFT RFP for Franchise Collection Services 11/28/17 65A-20 Page 3 City of Santa Ana, California SECTION 2 - BACKGROUND Section 2. Background The RFP and its attachments contain data about the demographics of the City and historical information related to collection operations including the number of customers, tonnage collected, routes, etc. i I l • •i�fsjilfnral• The information presented in this section and related Attachments are for informational purposes only. Each Proposer should take whatever steps it believes are necessary to determine the actual service requirements of the City and understand service conditions when preparing a proposal. Attachment 4 provides supplemental information on the City service area. Attachments 5 and 6 provide demographic information and detailed service data (including number of customers, tonnage collected, etc.), respectively. Attachment 7 provides current rates for collection services. 2.2C®ntract Arrangen7ents for Below is a description of the future contracting arrangements. 1. Collection. Contractor will be responsible for collection of solid waste, recyclable materials, organic materials and all non -excluded materials as described in the Agreement. 2. Disposal. Contractor will be responsible for transport and disposal of solid waste. 3. Recyclable Materials Services. Recyclable Materials processing services will be conducted and/or contracted by the selected contractor. 4. Organic Materials Services. Organic Materials processing services will be conducted and/or contracted by the selected contractor. The term of the new Agreement will commence on July 1, 2020, and will continue for ten (10) years, ending June 30, 2030, unless the Agreement is extended in accordance with Article 3.2 of the Franchise Agreement or terminated early pursuant to Article 12.2 of the Agreement. The Term of this Agreement may be extended, at request of the Contractor, and at the sole discretion of the City, by written agreement of the Parties twice for succeeding terms of five (5) years each, provided that Contractor is in compliance with all terms and conditions of the Agreement, according to the process described in Articles 3.2 and 3.3 in the Agreement. DRAFT RFP for Franchised Collection Services 65A-21 11/28/17 Page City of Santa Ana, California Section 3. Scope of Requested Collection Services SECTION 3 - SCOPE OF REQUESTED COLLECTION SERVICES This section provides a brief description of the collection services solicited through this RFP. Article 5 of the Agreement provides the detailed scope of services. The collection services are separated by service sector (i.e., Residential Curbside, MFD, Commercial and City). The Agreement provides the contract terms and conditions including a complete description of the collection services requested, including a Scope of Services. It also describes public education and outreach requirements for the initial start-up operations and ongoing operations; operations, equipment and personnel; billing, customer service, and reporting; franchise fees and other fees; contractor's compensation and rate setting; insurance and performance bond; and performance standards and liquidated damages. 3.1.1 Exclusivity of Collection Services Contractor will have exclusive rights to collect: 1. Residential Curbside, MFD and Commercial solid waste, recyclable material, and organic material from within the service area; 2. Materials hauled in roll -off boxes with the exception of construction and demolition materials; and, 3. Residential, MFD and Commercial bulky -items. Limitations to the Contractor's exclusive rights are described in Article 4.2 of the Agreement. 3.1.2 Responsibilities of Contractor Contractor will be responsible for the following, pursuant to the requirements of the Agreement: 1. Collecting Solid Waste, Recyclable Materials, and Organic Materials generated by and placed for Collection by Customers of Contractor's services. 2. Transporting Collected materials to the appropriate Approved Facilities; 3. Performing all other services required by this Agreement including, but not limited to, Commercial, Multi -Family and Roll -Off Customer billing; public education; customer service; record keeping; and, reporting; 4. Furnishing all labor, supervision, vehicles, Containers, other equipment, materials, supplies, and all other items and services necessary to perform its obligations under this Agreement; 5. Paying all expenses related to provision of services required by this Agreement including, but not limited to, taxes, licenses, regulatory fees (including fees and DRAFT RFP for Franchised Collection Services 65A-22 11/28/17 Pages City of Santa Ana, California Section 3. Scope of Requested Collection Services surcharges as applicable), and utilities; and paying all expenses related to the operation, permitting, licensing, regulatory fees for all Approved Facilities owned/operated by Contractor or Contractor's Affiliate; 6. Performing or providing all services necessary to fulfill its obligations in full accordance with this Agreement at all times using best industry practice for safety, regulatory compliance and service delivery; and, 7. Complying with all Applicable Laws. 3.2.1 Residential Curbside Collection Services Arrangements Residential Curbside Service is for any Dwelling Unit or duplex unit in the Service Area where each Dwelling Unit is designed or used for occupancy by one (1) family and carts are utilized for the accumulation and set out of Solid Waste. The default service level will be weekly, automated Collection of three (3) 96 -gallon carts for each curb -serviced household. Body of cart will be green; lid color will be established for each material (i.e. brown for Refuse, grey for Recyclables and green for Yard Waste). 1. Weekly Solid Waste Collection Contractor will provide each Residential Curbside Service Unit with a new, wheeled cart for automated collection of Solid Waste. The default service level will be a 96 -gallon cart collected weekly. The Contractor shall provide a 64- and/or a 32 -gallon cart as a substitute depending on the Customer's preference and need. No discount will be given for using smaller carts. Customers may add additional carts as may be needed at an additional charge. Customers will be required to place the cart(s) curbside for collection. Solid waste collection service is mandatory for all service locations. Reduced rate services are provided for Senior Citizens and Mobile Home occupants with two or fewer occupants, utilizing a 64 -gallon cart. Reference Attachment 1 for additional information. 2. Weekly Single -Stream Recycling Collection Contractor will provide each Residential Curbside Service Unit with a new, wheeled cart for automated collection of single -stream recycling material. The default service level will be a 96 -gallon cart collected weekly. The Contractor shall provide 64- and/or 32 - gallon carts as substitutes depending on the Customer's preference and need. No discounts will be given for using smaller or no carts. Customers may add additional single -stream recycling collection carts as may be needed at no additional charge, maintaining current provisions for removal of unused carts and removal of carts at households meeting established criteria for repeat contamination. Customers will be required to place the cart(s) curbside for collection. 3. Weekly Yard Waste Recycling Collection Contractor will provide each Residential Curbside Service Unit with a new, wheeled cart for automated collection of yard waste. The default service level will be a 96 -gallon cart collected weekly. The Contractor shall provide 64- and/or 32 -gallon carts as substitutes depending on the Customer's preference and need. No discount will be given for using DRAFT RFP for Franchised Collection Services 65A-23 11/28/17 Page City of Santa Ana, California Section 3. Scope of Requested Collection Services smaller or no carts. Customers may add additional yard waste carts as may be needed at no additional charge, maintaining current provisions for removal of unused carts and removal of carts at households meeting established criteria for repeat contamination. Customers will be required to place the cart(s) curbside for collection. 4. On -Call Bulky Waste Collection Upon request by a Residential Curbside Service Unit within the City, Contractor will provide no more than four at -demand bulky item collections per year per Residential Curbside Service Unit at no additional cost. Each such Curbside Service Unit is limited to a maximum of five (5) bulky items (or twenty (20) bags of yard waste). Such collection services will provide the opportunity of having large objects, and other Solid Waste which is not required to be picked up pursuant to this Agreement, picked up and processed properly. Requests by Curbside Service Units for such collections will be made directly to the Contractor who will provide satisfactory telephone message receiving, transmitting and response procedures and who will be responsible for maintaining a log of such large item collections. At demand pick-ups will be responded to by Contractor within a reasonable time but no more than five (5) working days after such a request is received. Requests for more than two (2) at -demand collections peryear will be charged in accordance with the rate per collection established by the City and will be billed to the Curbside Service Unit requesting the additional collection by the Contractor. • Contractor will provide for the collection and recycling of televisions, computer monitors and computer laptops as part of the Bulky Item collection program. • Contractor will provide assistance of removal of bulky items on private property to senior citizens and disabled individuals at no cost. • Any Bulky waste collected by Contractor, whether Residential, MFD, Commercial or City, may not be landfilled or disposed of until the following hierarchy has been followed by the Contractor. o Reuse as is (if energy efficient) o Disassemble for reuse or recycling o Recycle (through participation of charitable organizations) o Disposal • Contractor will describe how it will encourage reuse and recycling and comply with the Collection Agreement diversion requirement. 5. Household Hazardous Waste Collection Proposer will commit to providing one Household Hazardous Waste Collection event each year allowing residents to deliver their waste to a collection site for proper disposal by Contractor. Contractor will coordinate with the City regarding location and date of the events. Event outreach will meet all contractual outreach and education requirements. Acceptable items are included as Attachment 12. 6. Residential Curbside Compost Give -Away Proposer will commit to providing one Compost Give Away program each year, making available to each Residential Curbside Unit a "free Compost' program that provides up DRAFT RFP for Franchised Collection Services 65A-24 11/28/17 Page City of Santa Ana, California Section 3. Scope of Requested Collection Services to fifty (50) gallons of Compost material for Customer pick-up at the designated facility or in a manner agreed upon by the City, Event outreach will meet all contractual outreach and education requirements. 7. Residential Curbside Annual Holiday Tree Recycling Collection Contractor will provide annual collection of holiday trees commencing the first collection day after December 25 and continuing for a three-week period at no additional charge. Residents will be required to place the trees curbside for collection. Trees shall be free of ornaments; garlands; tinsel and flocking; and stands shall be removed. Contractor will be required to collect trees up to six feet in length on the same day as the Customers regularly scheduled collection. 8. Residential Shredding Events Contractor will administer annual shredding events allowing residents to deliver up to three (3) file -size boxes worth of paper items for shredding. Contractor will coordinate with the City regarding location and date of the events. Event outreach will meet all contractual outreach and education requirements. 9. Residential Sharps Mall -Back Service Contractor will administer a Residential Mail -Back Service, providing containers approved for safe disposal of used medical sharps by residents. When the container is full, the resident will mail it for incineration at an authorized facility. This program will be offered to Residential customers who, for medical reasons, require the use of medical sharps. 10. Curbside Used Oil As funding is available through State, County or City sources, Contractor will provide curbside collection of used oil and filters. A description of the process for compensation and level of service is provided in the draft Agreement. 3.2.2 MFD Collection Services Arrangements MFD are any residence in the Service Area with three (3) or more Dwelling Units, where each Dwelling Unit is designed or used for occupancy by one (1) family, including any flat, apartment, condominium, town home or other premises, other than a hotel or motel, including such premises when combined in the same building with business establishments, utilizing a common bin(s) for the accumulation and set -out of Solid Waste. When discussing solid waste, recycling or yard waste collection service changes with customers, Contractor shall provide a rate schedule to customers denoting all service levels and all possible frequencies of collection. Note: • AB 341 requires that multi -family housing with 5 or more units recycle recyclable materials such as paper, cardboard, plastics, glass, metals, food and yard waste. • Pursuant to AB 1826, MFD generating 4 cubic yards or more per week of non-food organic waste shall arrange for recycling of Yard Waste, landscape and pruning waste, and non -hazardous wood waste. By January 1, 2019, MFD generating 4 cubic yards of solid waste per week or more shall arrange for recycling of Yard Waste, landscape and pruning waste, and non -hazardous wood waste. If in the Summer/Fall of 2021, the state DRAFT RFP for Franchised Collection Services 65A-25 11/28/17 Page City of Santa Ana, California Section 3. Scope of Requested Collection Services determines that statewide disposal of organic waste measured in 2014 has not been reduced by 50%, the 4 cubic yards/week threshold for solid waste will drop to 2 cubic yards/week. 1. Solid Waste Collection Contractor will provide bins and compactors for collection of solid waste. Customers will have the opportunity to subscribe to the appropriate service level. Collection frequency will be at least once per week and up to six (6) times per week. Roll -off box service will be made available in containers sizes including 10, 20 and 40 cubic yards. Roll -off boxes and compactors, as provided by Contractor or by Customer, will be serviced as needed. Customers and Contractor will determine a mutually acceptable collection location. 2. Recyclable Materials Collection Proposer will propose a Recyclable Materials Collection program designed to achieve the City's goals. Contractor will be required to offer recycling services to all MFD Customers and provide such services upon request. Contractor will provide bins and roll- off boxes for collection of recyclable materials. In order to prevent the contamination of recyclables, the contractor will provide "restricted access' lids for recycling collection containers, as needed. Customers will pay a separate fee in accordance with the established rates, which shall be less than the established rate for the comparable level of solid waste service. 3. Yard Waste Recycling Collection Contractor will provide bins for collection of Yard Waste. Customers will have the opportunity to subscribe to the appropriate service level. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Customers will pay a separate fee for yard waste collection based on their service level in accordance with the established rates. Customers will pay a separate fee in accordance with the established rates, which shall be less than the established rate for the comparable level of solid waste service. 4. On -Call Bullcv Item Collection Contractor will provide on-call collection of bulky items from MFD customers using a method suitable for the MFD complex and agreed upon by the Customer or property manager. Contractor will provide on-call collection of bulky waste to MFD's scheduling the service with Contractor with 48 hours' notice. Customers may place up to five items out for collection per pick-up. Items will be collected on the Customer's regular collection day. Contractor will be required to separate and recycle all commodities that can be feasibly recovered. Customers will pay a separate fee in accordance with the established rates. DRAFT RFP for Franchised Collection Services 65A-26 11/28/17 Page City of Santa Ana, California Section 3. Scope of Requested Collection Services 5. Household Hazardous Waste Collection Proposer will commit to providing Household Hazardous Waste events each year allowing residents to deliver their waste to a collection site for proper disposal by Contractor. Contractor will coordinate with the City regarding location and date of the events. Event outreach will meet all contractual outreach and education requirements. Acceptable items are provided as Attachment 12. 3.2.3 Commercial Collection Services Arrangements Commercial customers include all retail, professional, office, wholesale and industrial facilities, other commercial enterprises offering goods or services to the public; organizations; and agencies other than City agencies. Contractor will be required to service carts, bins, compactors and roll -off boxes stored in customer's solid waste enclosure or other locations as requested by customer. When discussing solid waste, recycling or organic material collection service changes with customers, Contractor shall provide a rate schedule denoting all service levels and all possible frequencies of collection. 1. Solid Waste Collection Contractor will provide bins, roll -off boxes and compactors for collection of solid waste. Customers will have the opportunity to subscribe to the appropriate service level. Collection frequency will be at least once per week and up to six (6) times per week. roll -off box service will be made available in containers sizes including 10, 20 and 40 cubic yards. roll -off boxes and compactors, as provided by Contractor or by Customer, will be serviced as needed. Customers and Contractor will determine a mutually acceptable collection location. 2. Recyclable Materials Collection Proposer will propose a Recyclable Materials Collection program designed to achieve the City's goals. Contractor will be required to offer recycling services to all MFD Customers and provide such services upon request. Contractor will provide bins and roll -off boxes for collection of recyclable materials. In order to prevent the contamination of recyclables, the contractor will provide "restricted access' lids for recycling collection containers, as needed. Customers will pay a separate fee in accordance with the established rates, which shall be less than the established rate for the comparable level of solid waste service. 3. Organic Material Recycling Collection Contractor will provide wheeled carts and bins for collection of Organic Material, including Yard Waste and/or Food Waste. Customers will have the opportunity to subscribe to the appropriate service level. Carts and/or bins will be made available. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Customers will pay a separate fee for collection based on their service level in accordance with rate established by the City. Source -separated Yard Waste recycling collection shall be offered at a rate which shall be less than the established rate for the comparable level of solid waste service. 4. On -Call Bulky Item Collection Contractor will provide on-call collection of bulky items from Commercial customers using a method suitable for the MFD complex and agreed upon by the Customer or property manager. DRAFT RFP for Franchised Collection Services 65A-27 11/28/17 Page 10 City of Santa Ana, California Section 3. Scope of Requested Collection Services Contractor will provide on-call collection of bulky waste to Commercial scheduling the service with Contractor with 48 hours' notice. Customers may place up to five items out for collection per pick-up. Items will be collected on the Customer's regular collection day. Contractor will be required to separate and recycle all commodities that can be feasibly recovered. Customers will pay a separate fee in accordance with the established rate. 5. On -Call Electronic Waste (E -Waste) Recycling Collection Contractor will provide on-call a -waste collection. Contractor is required to describe its methodology to provide on-call collection of a -waste (e.g., material types, customer set -out requirements, control mechanisms for spills and contamination, and any limitations on allowable amounts) along with a fee per pick-up that would cover all program costs. 6. On -Call Universal Waste Recycling Collection Contractor will provide on-call universal waste recycling collection service. Universal waste collection includes fluorescent lamps, cathode ray tubes, instruments that contain mercury, and batteries. Contractor is required to describe its methodology to provide on-call collection and recycling of universal waste (e.g., material types, customer set -out requirements, chain of custody documentation, and any limitations on allowable amounts) along with a fee per pick-up that would cover all program costs. 3.2.3 Roll -Off Collection Services Roll -Off collection services include the delivery, removal and recycling or disposal of used or discarded materials removed from premises excluding C&D materials and Exempt Waste. 1. Roll -Off Collection Service Requirements Contractor will provide Roll -Off collection from Service Units in the Service Area and the delivery of that material to the Materials Recovery Facility, Transfer Station or Disposal Facility, as appropriate. Roll -Off collection service will be made available in container sizes including 10, 20 and 40 cubic yards. Special pricing will be offered for Tires. Contractor will describe how it will encourage reuse and recycling and comply with the Collection Agreement. 3.2.4 City Services All services at City facilities, operations and events, unless otherwise noted, will be provided at "no charge." City collection services includes C&D materials. Collections will be scheduled at a time mutually agreed upon by the Contractor and the City. Collection at City facilities, operations and events include those listed below. 1. Weekly Solid Waste Collection Contractor will provide wheeled carts, bins, compactors and/or roll -off boxes for collection of solid waste and C&D material. The City will have the opportunity to subscribe to the appropriate service level. Carts will be made available including 64 and 96 gallons. Bins will be made available in sizes including 1, 2, 3, and 4 cubic yards. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Roll -off box service will be made available in container sizes including 10, 20 and 40 cubic yards. DRAFT RFP for Franchised Collection Services 65A-28 11/28/17 Page 11 City of Santa Ana, California 2. Recyclable Materials Collection Section 3. Scope of Requested Collection Services Contractor will provide recycling collection service at City facilities, operations and events at ,no charge." Contractor will provide carts, bins, compactors and roll -off boxes for collection of recyclable materials. The City will have the opportunity to subscribe to the appropriate service level. Carts will be made available including 64 and 96 gallons. Bins will be made available in sizes including 1, 2, 3, and 4 cubic yards. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Roll -off box service will be made available in container sizes including 10, 20 and 40 cubic yards. 3. Organic Materials Collection Contractor will provide Organic Materials Collection service at City Facilities at "no charge." charge. Contractor will provide carts, bins, compactors and roll -off boxes for collection of Organic Materials. The City will have the opportunity to subscribe to the appropriate service level. Carts will be made available including 64 and 96 gallons. Bins will be made available in sizes including 1, 2, 3, and 4 cubic yards. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Roll -off box service will be made available in container sizes including 10, 20 and 40 cubic yards. 4. Parkway Clean -Up Following Garage Sales Contractor will provide two (2) employees in a "front -loader" vehicle that will devote 60 hours each six working days following the quarterly garage sales to canvass the City neighborhoods in order to remove debris left in the parkways after garage sales. 5. On -Call Parkway Clean -Up of Abandoned Items Contractor will provide on-call Parkway Clean -Up of abandoned items at the request of the City. Contractor is required to describe its methodology to provide on-call collection of Parkway abandoned items within 24 hours of a request from the City. 6. Alley Clean -Up Contractor will provide 2 employees in a "front -loader" vehicle who will devote 50 hours each, six working days of each week, to canvass the City neighborhoods in order to remove debris left in alleyways following relocations. 7. Neighborhood Clean -Up Contractor will supply roll -off boxes for City sponsored neighborhood cleanups at no cost to the City. The number of roll off containers will not exceed a maximum total number of three hundred (300) containers annually. The City will have the option to add 20 additional roll -off boxes during each five (5) year period of the contract. For example, starting year six (6), the City may require 320 containers annually. 8. City Sponsored Events Contractor will provide wheeled carts, special event boxes with liners and recycling lids, bins, and/or roll -off boxes to collect solid waste and recyclable materials at "no charge" for City -sponsored events. Contractor will assist the venue and event organizers with developing recycling plans and reporting data. When requested by event organizers, solid waste and recycling collection service will be provided for each venue or event. Carts to be made available include 64 and 96 -gallon carts. Bins will be made available in sizes including 1,2,3 and 4 cubic yards. Roll -Off service will be made available in container sizes including DRAFT RFP for Franchised Collection Services 65A-29 11/28/17 Page 12 City of Santa Ana, California Section 3. Scope of Requested Collection Services 10, 20 and 40 cubic yards. Collection frequency will be provided as required by the event organizer. 9. Grant Management Contractor will provide development and management of grants pursuant to the CalRecycle regulations and/or adopted by CalRecycle including the Department of Conservation and other governmental agencies that offer grants related to collection and recycling services provided under the Agreement. Contractor shall be compensated $75.00 per hour for grant administrator's time to develop and administer the grant programs. 10. Hazardous Waste/E-waste/Universal Waste The Contractor shall provide, either directly, or through a City -approved subcontractor, Hazardous Waste, E -waste and Universal Waste Collection Service for City Facilities. 3.2.5 Other Collection Service Considerations 1. Street Sweeping (Optional) Proposers may offer to provide Street Sweeping services at an additional charge. Street Sweeping requirements and cost proposal forms are provided as Attachment 9. 2. Pressure Washing (Optional) Proposers may offer to provide Pressure Washing services at an additional charge. Pressure washing requirements and cost proposal forms are provided as Attachment 10. 3. Additional Collection Service Requirements: • Provide public education to residents and businesses. A detailed description of Contractor's public education responsibilities is provided in the Collection Agreement. • Compliance, monitoring and reporting relative to AB 939, AB 341 and AB 1826 and all applicable laws.. • Provide customer service and billing service as necessary to fulfill its obligations. • Furnish all labor, supervision, collection vehicles, collection containers, other equipment, materials, supplies, and all other items and services necessary to perform its obligations. • Be solely responsible to pay all expenses related to the provision of services including, but not limited to, taxes, regulatory fees, host fees, business license fees, utilities, etc. • Be solely responsible for the impact of any changes in law to the operation of the Contractor's facility(ies), including financial and operational impacts. • Provide all services in a thorough, safe and professional manner. • Contractor shall be responsible for ensuring that its customers consistently receive a high level of customer service and responsiveness. • Comply with applicable laws, regulations and ordinances. DRAFT RFP for Franchised Collection Services 65A-30 11/28/17 Page 13 City of Santa Ana, California Section 3. Scope of Requested Collection Services 3.2.6 Processing Plan Proposer shall include a Processing Plan that demonstrates the Proposer's ability to arrange for the processing of Recyclables and Organics originating in the City for the term of the Collection Agreement and any extensions thereof. The plan should identify any arrangements that will benefit the City in maintaining long-term rate stability. Prior to selection, the Contractor will be required to produce proof of all arrangements described in its offer. Contractor should indicate the per -ton costs and tonnage disposal guarantees they will offer the City. The plan should specify facilities and fees for the processing of all materials collected in the City including roll- off. 3.2.7 Diversion Plan Proposer shall include a Diversion Plan that details the Proposer's approach to diversion and describes all associated programs and services. Proposer shall include its approach to minimizing scavenging, systematically reducing contamination and ensuring compliance with all CalRecycle requirements. The Proposer shall provide plans for Residential Curbside, Multi -Family and Commercial and roll -off Solid Waste, Recyclables and Yard Waste/Organics. The plan shall include measurable goals for diversion and for reducing contamination for each year of the contract. This section provides a description of rate arrangements and fees that will apply to all three service sectors. The rate schedules establish the maximum rates that may be charged. 3.3.1 Residential Curbside Rate Arrangements The Residential Curbside Service rate structure will feature an integrated fee for collection that covers solid waste, recycling, and yard waste collection services, regardless of cart size(s) selected by customer, with the exception of the Senior Citizen and Mobile Home program. 3.3.2 MFD and Commercial Rate Arrangements A volume -based rate structure will be used for MFD and commercial. Customers will be encouraged to participate in Recyclable and Yard Waste collection. Customers will be required to pay a fee for collection services based on subscription levels. 3.3.3 City Services The City's facilities, operations and event services shall be provided all collection services at "no cost." All public education activities will be conducted by the Contractor. Contractor shall be responsible for ensuring that its customers consistently receive a high level of customer service and responsiveness. Contractor shall prepare an annual public education plan and meet with the City or the City's representative to review the plan. The City shall have the right to review, revise and approve all DRAFT RFP for Franchised Collection Services 65A-31 11/28/17 Page 14 City of Santa Ana, California Section 3. Scope of Requested Collection Services promotion materials and implementation of the promotion strategy. The City shall also have the right to approve material development contractors. A detailed listing of Public Education and Outreach requirements can be found in Article 5.11 of the Franchise Agreement. 3.4.1 Contractor Responsibilities Contractor will be required to provide the following services: 1. Annual Public Education Plan Contractor will prepare an annual public education plan and meet with the City to review the plan. Contractor is responsible for additional public education activities as specified below, including personnel, printing and other program costs. Proposer shall refer to Draft Agreement for a description of all requirements. 2. Public Education Plan Implementation A detailed description and schedule for all of the initial program roll-out activities and for annual ongoing public education and outreach materials and activities. The plan will be provided to the City for review and approval within 30 days of award of Agreement. Contractor will provide the City with each draft item a minimum of 14 days prior to any production for review and approval. All outreach and education materials will include the elements necessary to meet or exceed AB 939, AB 341 and AB 1826 requirements. Services include: • Public education strategy and development of materials to support roll-out of new collection services. • Develop, produce and distribute an information packet to each new Customer throughout the Contract term. Contractor may attach these packets to the carts and bins upon initial cart and bin distribution. This packet shall: describe available services, including available recycling and diversion programs; provide instructions for proper use of the carts and bins provided (such as how to place carts or other permitted items for Collection, the types of materials to be placed in each cart); AB 939, AB 341 and AB 1826 requirements; detailed holiday Collection schedules; and, provide billing and customer service telephone numbers. This packet shall contain updated information on how to use Containers, when, where and how to place Solid Waste for Collection, and who to contact with service or billing questions, and for Bulky Item Collection. The packet shall also clearly indicate what materials, such as syringes and other Household Hazardous Wastes (HHW), should not be disposed of in these Containers. This brochure shall include instructions on how Customers should dispose of HHW, such as information on the HHW program. • Develop, produce and distribute public education and promotional materials to Residential MFD and Commercial accounts at inception of the new program and annually during the term of the Collection Agreement, including all outreach and education materials necessary to meet or exceed AB 939, AB 341 and AB 1826 requirements. • Deliver set -out correction notices during the term of the Collection Agreement. • Staff a booth at local public events as agreed upon with the City and distribute promotional and educational materials. DRAFT RFP for Franchised Collection Services 65A-32 11/28/17 Page 15 City of Santa Ana, California Section 3. Scope of Requested Collection Services • Insert with its bills inserts produced by the City. 3.4.2 Staffing Performance of each of the provisions of this Agreement shall be under the direction and supervision of the Executive Director. The Contractor shall furnish the Executive Director every reasonable opportunity of ascertaining whether or not the work is performed in accordance with the requirements of this Agreement. The Contractor shall designate a person to serve as agent and liaison between its organization and the City and shall maintain a telephone and a means for contact at all times during periods of strike or other emergencies. The designated agent/liaison is required to meet with City staff at the City's preferred frequency to review public outreach activities and diversion results. The Executive Director may inspect the Contractor's operations, facilities and equipment at any reasonable time and the Contractor shall admit him to make such inspections at any reasonable time and place. Proposer must include the following in its proposal: 1. Job Description A job description for this position including reporting structure, and the amount of time the position will be dedicated to the City, including a rationale for the time allocation. 2. Resume of Designated Staff The resume of the designated staff member (This must include the individual's resume, years of experience, and three (3) professional references.) This party will be responsible for the planning, coordination, development, preparation, implementation and review of all public education and promotion materials and efforts. If an outside consultant is to be used, Proposer must identify the consultant and include a brief description of the consultant's qualifications and years of experience. The City has the right to approve the consultant and has the expectation that the designated staff member will be actively engaged with the community and appropriately participates in community events to promote and implement waste reduction, recycling and organics collection programs. The selected contractor will provide a level of diversion that ensures the City will be in full compliance with its State Diversion obligations, as defined as of the Effective Date by AB 939, AB 341, AB 1826 and related state laws and regulations. Article 6.7 of the Franchise Agreement details specific Diversion requirements. 3.6ReLf "uireme1&,%1ts for OperatiOns, Equipment and Personnel Article 7 of the Franchise Agreement details specific requirements related to operations, equipment and personnel. Contractor shall always comply with Applicable Laws and provide services in a manner that is DRAFT RFP for Franchised Collection Services 65A-33 11/28/17 Page 16 City of Santa Ana, California Section 3. Scope of Requested Collection Services safe to the public and the Contractor's employees. A summary of some of the requirements follows below. 3.6.1 Operations Unless otherwise authorized by the City, Contractor's days and hours for Collection operations shall be asfollows: 1. Residential Premises Collection from Residential Premises shall only occur between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. 2. MFD Commercial and City Premises MFD, Commercial and CITY Collection from locations greater than 100 feet from residential units may start at 3:00 a.m. and must terminate by 9:00 p.m. However, if complaints are received from such residential units, the Contract Administrator may direct that collections in such areas shall be made between the hours of 6:00 a.m. and 6:00 p.m. The hours of Collection may be temporarily extended due to extraordinary circumstances or conditions. 3.6.2 Equipment 1. Vehicles Contractor shall provide a fleet of new Collection vehicles sufficient in number and capacity to efficiently perform the work required by the Franchise Agreement in strict accordance with its terms. Contractor will provide detailed information regarding the number of each type of collection vehicle to be used, along with the name of the manufacturer and vehicle specifications. Contractor shall have available sufficient back-up vehicles for each type of Collection vehicle used to respond to scheduled and unscheduled maintenance, service requests, complaints, and emergencies. Such back-up vehicles may be used vehicles. All such vehicles shall have watertight bodies designed to prevent leakage, spillage, or overflow. Hoppers shall be enclosed on top and on all sides to prevent material from leaking, blowing or falling from the vehicles. Each Collection vehicle shall be equipped with a shovel and broom for clean-up of spillage. Collection vehicles shall never be loaded to exceed the manufacturer's recommended weight limit or otherwise operated unsafely or in violation of any Applicable Law. • Vehicle Impacts. The vehicles shall comply with the Solid Waste Collection Vehicle rule adopted by the California Air Resources Board (CARB) on September 25, 2003, and any other California Air Resources Board requirements. • Alternative Fuel Vehicles. Contractor shall meet all State, County, City, CARB and South Coast Air Quality Management District (SCAQMD) and any other applicable regulations and requirements. 2. Containers Contractor will provide new curbside collection carts for fully automated collection service as specified in the Draft Agreement. Contractor will provide proposed cart specifications including manufacturer and model, anticipated service life and warranty associated with the proposed cart. DRAFT RFP for Franchised Collection Services 65A-34 11/28/17 Page 17 City of Santa Ana, California Section 3. Scope of Requested Collection Services Contractor -provided bins shall be designed and constructed to be watertight and prevent the leakage of liquids. All bins shall display the Contractor's name, local telephone number, and some identifying inventory or serial number. If a new contractor other than the current service provider is selected for the new Agreement such Contractor may attempt to negotiate the purchase of the existing Commercial bins and roll -off Boxes from the current service provider. 3.6.3 Personnel Contractor shall furnish such qualified drivers, mechanical, supervisory, customer service, clerical, and other personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner. Contractor shall designate at least one (1) qualified employee as the City's primary point of contact with Contractor who is principally responsible for Collection operations and resolution of service requests and complaints. Contractor shall use its best efforts to assure that all employees who interact with Customers present a neat appearance and conduct themselves in a courteous manner. Contractor shall not permit its employees to accept, demand, or solicit, directly or indirectly, any additional compensation, or gratuity from members of the public. The City places a high priority on the retention of employees currently providing services within the City. Proposer shall declare its intent to offer or not a plan to offer employment to eligible employees of the current contractor according to the terms described in AB 1669 Section 1072 (Provided as Attachment 11 of this RFP). Information regarding the number of employees who are performing services under the service contract and the wage rates, benefits, and job classifications of those employees will be provided to bone fide Proposers at least 30 days before proposals are due. Proposers offering employment will be awarded a 10% preference in the evaluation process. 3.6.4 Local Purchasing Preference Contractor shall, throughout the Term of the Franchise Agreement, give preference to purchasing materials and supplies used in connection with the Agreement from local vendors within the City or State; and in that order of preference. 03® 7 illin , Customer .Service, Recuord Contractor will provide billing services to all Multi -Family, Commercial and Roll -Off service customers. Article 8 of the Franchise Agreement details specific requirements related to billing, customer service, record keeping, and reporting. A summary of some of the requirements follows below. 3.7.1 Billing Services Contractor will make available to all Customers an automated billing and payment system at no additional charge. This system should be website based and allow customers to view and pay bills through Contractor's website. Through the Contractor's website, Customers may request to cease paper billing and receive all bills through e-mail and/or Contractor's website. Contractor will ensure that the electronic billing and payment website conforms to industry -standard DRAFT RFP for Franchised Collection Services 65A-35 11/28/17 Page 18 City of Santa Ana, California Section 3. Scope of Requested Collection Services practices for electronic commerce security. Contractor shall ensure that these customers are compiled in a list to ensure that billing inserts are mailed directly. Contractor will promote the website -based billing and payment system on all paper bills sent to Customers. Contractor's website shall provide Customers with the ability to pay their bills through an electronic check or credit card and include the ability for Customer billings to be automatically charged on a recurring basis. Contractor shall promote the website- based billing and payment system on all paper bills sent to Customers. Contractor shall prepare, mail, and collect bills from Customers who decline to use such internet-based billing system. Contractor shall make arrangements to allow Customers to pay bills by cash, check, electronic check, money order, and credit/debit card. 1. Temporary and Permanent Roll -Off Box and Temporary Bin Customers For individually serviced Customers who request Temporary roll -off box and/or Temporary bin service, the Contractor will accept major credit cards for payment. All credit card transactions will be documented on the customer account with all associated service data. For Permanent roll -off box customers, the Contractor will invoice monthly or semi-monthly in arrears with payment due within 15 days from the invoice date. 2. Delinquent Accounts Once a payment is 30 days past due, Contractor shall send to the Customer a notice that service will be suspended if payment is not made within an additional 30 days. Service may only be suspended after these minimum time periods and notice. City will not be responsible for or assist with the collection of delinquent accounts, except where lien authority has been established for this purpose. 3.7.2 Customer Service Contractor shall always be in compliance with Article 8.6 of the Franchise Agreement and with the provisions of the Customer Service Plan included in Contractor's Proposal. Contractor shall revise, modify and otherwise update such Plan throughout the Term as it deems necessary, or as reasonably requested by the City. 1. Local Office Location and Hours The Contractor shall maintain a publicly accessible office located within the City Service Area that provides telephone access to residents and businesses of the City and shall be open during normal business hours, which are currently 8:30 a.m. to 4:30 p.m., Monday through Friday, except for Holidays. Office hours may be adjusted at the discretion of Contractor only after appropriate notification is provided to all Customers and provided that offices are open for business at least eight (8) hours per day Monday through Friday, except for Holidays. 2. Customer Service Call Center The Contractor shall maintain a customer service call center that provides telephone access to residents and businesses of the City and is staffed by trained and experienced Customer Service Representatives (CSRs). Such office shall be equipped with sufficient telephones so that all Collection Service related calls received during normal business hours are answered by an employee within five (5) rings; shall have responsible persons in charge during Collection hours; and shall be open during normal business hours, DRAFT RFP for Franchised Collection Services 65A-36 11/28/17 Page 19 City of Santa Ana, California Section 3. Scope of Requested Collection Services which are currently 8:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to noon on Saturdays, except for Holidays. Office hours may be adjusted at the discretion of Contractor only after appropriate notification is provided to all Customers and provided that offices are open for business at least eight (8) hours per day Monday through Friday, except for Holidays. The Contractor shall provide either a telephone answering service or a mechanical device to receive Service Recipient inquiries during those times when the office is closed. Calls received after normal business hours shall be addressed the next morning the office is open. 3. Local Telephone Number and Equipment Contractor's principal office shall be accessible by a local (toll-free to Customers) telephone number at least during the office hours specified in Article 8.6 of the Franchise Agreement. The telephone number shall be listed under Contractor's name in the local telephone directory and as appropriate on Collection vehicles and Containers. The Contractor shall have sufficient equipment in place and staff to handle the volume of calls experienced on the busiest days and such telephone equipment shall record the responsiveness (e.g., call hold -time, abandoned calls, etc.) to calls. Recording of Contractor's responsiveness to calls shall include, at a minimum, all items included in the "Service Quality and Reliability" and "Customer Service" performance standards listed in the Franchise Agreement. An answering machine or voicemail service shall record Customer calls and voice messages during hours the office is closed or outside times calls are not being answered. 4. Emergency Telephone Number Contractor shall maintain an emergency telephone number for use outside Contractor's office hours. The emergency telephone number shall be listed as an emergency number under Contractor's name and under the City in the local telephone directory. Contractor shall have a representative, or an answering service to contact such representative, available at Contractor's emergency telephone number during all hours other than Contractor's office hours. 5. Multilingual/TDD Service Contractor shall always maintain the capability of responding to telephone calls in English, Spanish, and such other languages as the City may direct, employing a service such as ATT Language Line. Contractor shall always maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf (TDD) Services. These capabilities shall be maintained for both the local telephone number and the emergency telephone number. 6. Website Contractor will develop and maintain a website dedicated to services provided in the City that is accessible by the public. The website will include answers to frequently asked questions; rates for Collection Services; Recyclable Materials, Yard Waste and Organic Waste specifications; proper Bulky Waste and Household Hazardous Waste disposal procedures; and other related topics. The Contractor's website will provide the public the ability to e-mail complaints to Contractor and request services or service changes. Contractor shall describe how the website will allow customers to submit inquiries or DRAFT RFP for Franchised Collection Services 65A-37 11/28/17 Page 20 City of Santa Ana, California Section 3. Scope of Requested Collection Services complaints, request new service or change in service, and request on-call Bulky Item services. In addition, Contractor shall explain if it plans to manage the website with in- house staff or if a subcontractor will be used. Contractor shall disclose the subcontractor that will be used. 7. Service Requests Compliments, Complaints Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Customer service requests and complaints. Contractor shall record in a separate computerized log, approved as to form by the City, all complaints, noting the name and address of complainant, date and time of complaint, nature of complaint, and nature and date of resolution. The Contractor shall retain this complaint log for the Term plus three (3) years after its expiration or earlier termination. Upon request by the City, Contractor shall compile and submit a summary statistical table of the complaint log. Contractor shall respond to all complaints received within twenty-four (24) hours, weekends and Holidays excluded. In particular, if a complaint involves a failure to Collect Solid Waste, Recyclable Materials or Organic Materials from a Premises in the City, Contractor shall Collect the material in question within twenty-four (24) hours of receipt of the Complaint, provided that Generator has properly placed materials for Collection. 3.7.3 Record Keeping and Reporting Contractor shall submit reports to the City or the City's Representative on Solid Waste Collection and Disposal, Recyclable Materials Collection, Processing and marketing, and Organic Materials Collection, Processing and marketing to ensure the City meets the reporting requirements of AB 939, AB 341, AB 1826 and other Applicable Law. Contractor shall maintain accounting, statistical, operational, and other records related to its performance as shall be necessary to provide reporting under the Act and demonstrate compliance with this Agreement. Unless otherwise required in Article 8.8 of the Franchise Agreement, Contractor shall retain all records and data required to be maintained by this Agreement for the Term of this Agreement plus three (3) years after its expiration or earlier termination. Records and data shall be in chronological and organized form and readily and easily interpreted. Upon request, any such records shall be retrieved in a timely manner by Contractor and made available to the City or the City's Representative. Contractor shall maintain adequate record security to preserve records from events that can be reasonably anticipated such as a fire, theft, flood and an earthquake. Electronically -maintained data and records shall be protected and backed -up. Contractor shall submit monthly and annual reports as described in Article 8.9 of the Franchise Agreement. Proposer shall provide a detailed implementation plan describing the Contractor's approach to facilitating a smooth transition for all the collection services. The plan must clearly describe the DRAFT RFP for Franchised Collection Services 65A-38 11/28/17 Page 21 City of Santa Ana, California Section 3. Scope of Requested Collection Services company's ability to implement the services in accordance with the schedule presented in Table 1-2 of this RFP. This description should include, but not be limited to: 1. A timeline showing the duration and completion date of major milestone events such as vehicle purchase and testing; container purchase, assembly and distribution; personnel hiring and training; customer service and billing database development and implementation; administration; public education; corporation yard acquisition and development (if necessary), etc. 2. Assumptions regarding the participation of City staff, City representatives, the current collection contractor, and the current and future facility operator. 3. Identification of common problems that can occur in service initiation and strategies for preventing or managing such problems. 4. Discussion of how customers will select container size(s) and service frequency. 5. Contingency plans for all aspects of implementation. Proposer may provide one or more alternative proposals in addition to the requested proposal. The City is not obligated to evaluate or select alternative proposals. Alternative proposals will be considered by the City if the City concludes that the alternative proposals warrant evaluation and analysis. Proposers that provide an alternative proposal(s) shall also respond to the entire RFP as written. DRAFT RFP for Franchised Collection Services 65A-39 11/28/17 Page 22 City of Santa Ana, California Section 4. RFP Policies, Conditions, and Process SECTION 4 - RFP POLICIES, CONDITIONS, AND PROCESS The City reserves the right, in its sole discretion, to pursue any or all of the following actions regarding this RFP process: • Issue addenda and amend the RFP and Franchise Agreement; • Request additional information and/or clarification from Proposer; • Extend the deadline for submitting proposals; • Withdraw this RFP; • Reject proposals that do not fully comply with the requirements detailed in this RFP, its attachments, addenda, or clarifications; • Reject incomplete proposals; proposals containing errors, inconsistencies, false, inaccurate or misleading information; proposals submitted after the deadline; or, proposals with other process or content errors or deficiencies; • Amend the Municipal Codes of City; • Award a proposal based on a combination of its qualitative and quantitative attributes; • Take other actions the City deems are in the best interest of the City, and residents and businesses in the City service area; and, • Negotiate changes in the services proposed and/or described in the RFP or to incorporate programs proposed by others. This RFP shall not be construed by any party as an agreement of any kind between the City, contractor(s), and other parties. This RFP does not obligate the City to accept any proposal, negotiate with any Proposer, award a Franchise Agreement, or proceed with the development of any project or service described in response to this RFP. The City has no obligation to and shall not compensate any Proposer for its expense of preparing its proposal and participating in this procurement process. Please note that the City's procurement of Solid Waste and Recycling Franchise Services is not subject to State bidding laws, and the City does not intend to cause the current RFP process to become subject to such public bidding laws or regulations. The City shall have the right (but not the obligation) to perform a review of each Proposer's ability to perform the work required. Each Proposer must agree to cooperate with such a review. Such cooperation by Proposer shall apply to the verification of the Proposer's capability and experience in the provision of services and any other component of work that may be required under this procurement. DRAFT RFP for Franchised Collection Services 65A-40 11/28/17 Page 23 City of Santa Ana, California Section 4. RFP Policies, Conditions, and Process The City, and its consultants, will be conducting reference checks on Proposers that will involve contacting jurisdictions currently or previously served by Proposer, as well as contacting regulatory agencies involved in oversight of Proposers' facilities. In addition, the City, or its consultants, may research Proposers' past performance by reviewing litigation history, regulatory actions, highway driving records, criminal investigations and recycling history. The Proposer's submission of a proposal shall constitute an agreement to cooperate with the City's review. Unless a submitting Proposer takes specific exception in accordance with the procedure set forth in Section 5.6, submission of a proposal shall constitute acknowledgement and acceptance of all the terms and conditions contained in this RFP and the Draft Agreement including all addenda or amendments issued by the City as per the process provided in this RFP. Submittal of a proposal signifies the submitting Proposers' commitment to provide the proposed services if selected. In addition, all aspects, conditions and components of proposals submitted shall be valid for two years. Proposals may not be altered after submittal, except in response to the City's request for clarification. +I I ' '/ t • 4.3.1 Proposer Code of Conduct Proposer is required to sign the Proposer Code of Conduct (Attachment 2). The code of conduct for Proposers: (i) prohibits ex parte communications with City elected officials; (ii) prohibits giving any gift or monetary compensation to City staff member or consultants; and, (iii) prohibits collusive activities with other potential Proposers. If a Proposer does not sign the code of conduct or violates the code of conduct, the City has the right to disqualify the Proposer from this RFP process. The code of conduct shall be signed and submitted to the City in accordance with instructions provided in Section 5.8.1. Please note: submittal of a signed and notarized Proposer Code of Conduct is required to be submitted according to the timeline shown on Table 1-2. Proposer shall follow the proposal submittal process as outlined below. 4.4.1 Step One — R.S.V.P to Attend Pre -Proposal Meeting and Submit Proposer Code of Conduct Proposer must submit notification to the City of its intention to attend the mandatory pre - proposal meeting. The date and time of the meeting are provided in Section 1.4, RFP Schedule. Proposer must email notification to: SantaAnaRFP@sloanvazquez.com This notice of intent to attend the pre -proposal meeting must be submitted by the date and time provided in Section 1.4, RFP Schedule. DRAFT RFP for Franchised Collection Services 65A-41 11/28/17 Page 24 City of Santa Ana, California Section 4. RFP Policies, Conditions, and Process 4.4.2 Step Two — Mandatory Pre -Proposal Meeting The mandatory pre -proposal meeting will be held at LOCATION TBD, Santa Ana, CA. Attendance at this meeting is mandatory for all contractors intending to submit a proposal. The City will NOT accept proposals from companies that do not attend the pre -proposal meeting 4.4.3 Step Three — Submittal of Written Questions The City directs Proposers to submit all questions and requests for information in writing directly to City at the email address listed in Section 4.4.1. The deadline for submitting written questions and requests for information is provided in Section 1.4, RFP Schedule. Written responses to questions will be provided to all eligible Proposers. In the event of any inconsistencies between oral responses provided at the pre -proposal meeting and written responses subsequently issued, the written responses must be used for preparing proposals. 4.4.4 Step Four— Proposal Submittal Proposer shall submit eight (8) double -sided copies in three-ring binders of the complete proposal and one (1) single sided, signed original according to the deadline provided in Section 1.4, RFP Schedule. In addition, the Proposers are required to submit a flash drive containing: • An electronic copy of all completed cost proposal forms (i.e., those provided in Attachment 8 of the RFP) formatted for Microsoft Excel; • An electronic copy of the Model Franchise Agreement, noting all requested changes in redline/strikeout, in Microsoft Word format; and, • A complete PDF of the proposal (excluding financial statements, if confidential). These items shall be placed and submitted in a sealed package. Proposals must be printed on 8%2 inch by 11 -inch paper with post -consumer recycled -content paper. All pages shall be consecutively numbered; although, each section may start with a new page number if proceeded with the section number (e.g., Page 2-1 forthe first page of Section 2). The package shall be clearly labeled: PROPOSAL FOR CITY OF SANTA ANA FRANCHISED COLLECTION SERVICES FROM: Name of Proposer: Address: Contact Person: Telephone Number: E-mail: The proposal may be mailed or hand delivered to: City of Santa Ana Public Works Agency DRAFT RFP for Franchised Collection Services 65A-42 11/28/17 Page 25 City of Santa Ana, California 20 Civic Center Plaza, M-21 Santa Ana, CA 92701 Attn: Christy Kindig Section 4. RFP Policies, Conditions, and Process Proposals received late will not be considered. Postmarks will not be accepted as proof of receipt. 1. Surety Each proposal must be accompanied by surety made payable to "City of Santa Ana" in the amount of $100,000 and in the form of a certified check, cashier's check, or bid bond. The surety shall be submitted with the proposal in a separate, clearly labeled envelope. The purpose of the surety is to guarantee that the successful contractor will execute a Franchise Agreement with the City. If the selected contractor does not execute the Franchise Agreement within 30 calendar days after receiving notice of the award of Franchise Agreement, the City shall keep the surety to offset the potential cost associated with identification of an alternate service provider and schedule delays and the City has the right to pursue additional and reasonable costs incurred in this event. Checks and bonds will be returned to all Proposers no later than ten calendar days after the City has executed the Franchise Agreement with the successful contractor. If no selection is made within one year of the submission of proposals, each Proposer may demand their proposal surety be returned; however, the City reserves the right to eliminate proposals from such companies from further consideration. 2. Administrative Fee Within seven days of execution of the new Agreement, the new Contractor shall remit a one- time payment to the City of Santa Ana. The amount shall include reimbursement to the City for the cost of the procurement consultant, plus the City's out-of-pocket costs incurred in awarding this franchise (e.g. City Attorney costs). The amount shall not exceed $175,000. 4.4.5 Step Five—Clarification of Proposal Information and Interviews Proposer may be asked to clarify information through written communications, interviews or during site visits of each Proposer's offices, customer service center, corporation yard and maintenance facilities, and disposal, transfer, and processing facilities. 4.4.6 Step Six — Proposer Interviews The City intends to conduct in-person interviews of one or more Proposers. DRAFT RFP for Franchised Collection Services 65A-43 11/28/17 Page 26 City of Santa Ana, California Section 4. RFP Policies, Conditions, and Process 4.4.6 Step Six — Selection of Recommended Contractor and Negotiation of Final Franchise Agreement The City and/or its consultants will recommend a preferred contractor for consideration by the City Council. Once the City Council approves selection of a final contractor then final negotiation will take place for the Franchise Agreement. Except at the sole discretion of the City, all negotiations with the Proposer will be limited to the Proposer's recommended alternative Franchise Agreement language contained in their proposal. 4.4.7 Schedule The schedule of events presented in this Section 4.4 is summarized in Table 1-2 in Section 1. The City has determined that the public interest will be best served if proposals submitted in response to this RFP are not made available for review by other companies participating in the competitive selection process. For that reason, proposals (and materials submitted during subsequent meetings and discussions with City staff) will not be made available to other Proposers or the public generally any earlier than the date on which City staff issues to City Council a company recommended for final consideration/negotiation. At that point, the City may release the portion(s) of the proposal(s) that have not been identified as entitled to confidential treatment as containing trade secrets. Alternatively, public release may be deferred until the City Council has limited their consideration to one preferred company. The following procedures will be followed for the disclosure of proposals: • Materials which a Proposer considers as trade secret information entitled to protection from disclosure under Government Code Section 6254(k) must be clearly marked on each page as "CONFIDENTIAL". • If the City receives a request to review and/or copy materials submitted by any Proposer, it will decline to release those materials marked "CONFIDENTIAL" pursuant to Government Code Section 6255. • If the person submitting the request files a legal action against the City seeking its release, the City will notify the affected Proposer(s) and will not oppose a motion by such Proposer(s) to intervene in the action. The Proposer(s) must either intervene or agree to pay the City's legal expenses in defending the action, including fees, if any, awarded to the plaintiff. Absent such an agreement, the City will have no obligation to defend the action and may release the information sought without any liability whatsoever. • No Proposer may, directly or through an intermediary, employ the Public Records Act to obtain access to non -confidential materials submitted to the City by other Proposers prior to the execution of the Agreement for this contract. • No Proposer will seek damages against the City or recovery of its attorneys' fees from the City because of any dispute related to the release or withholding of information submitted in response to this RFP. DRAFT RFP for Franchised Collection Services 11/28/17 Page 27 65A-44 City of Santa Ana, California Section 4. RFP Policies, Conditions, and Process • Materials that have been marked as "CONFIDENTIAL" will be returned to all unsuccessful Proposers once the Agreement has been signed by City and the selected Proposer(s). DRAFT RFP for Franchised Collection Services 65A-45 11/28j17 Page 28 City of Santa Ana, California Section S. Submittal Requirements SECTION 5 - SUBMITTAL REQUIREMENTS Section 5 includes the required proposal outline and a description of the specific information Proposers must include. Proposer must provide the information specified in this section as part of its proposal. Failure to provide all the required information may be grounds for rejection of a proposal. Proposer does not need to reiterate the service requirements of the Franchise Agreement in their proposal. However, Proposer is requested to focus on describing how it plans to provide the services with regard to routing strategies, collection methods, and equipment selection. Furthermore, if a Proposer has presented Wormation for one type of service that is the same for another type of service, Proposer can refer to its previous description rather than reiterating the discussion in its proposal. For example, if Residential solid waste and recyclables collection vehicles are the same, the vehicle description can be provided once for the solid waste service and then referenced for the recyclable materials collection service. Proposer shall present its proposal in accordance with the outline provided in Table 5.1. The RFP section that contains specific information that must be provided by Proposers for each section of its proposal is included in Table 5-1 on the following page. Additional information or data relevant to the proposal is optional and must be included by Proposer as proposal attachments. DRAFT RFP for Franchised Collection Services 11/28/17 Page 29 City of Santa Ana, California Section S. Submittal Requirements Table 5-1 Proposal Outline Reference RFP Section i. Title Page N.A. ii. Cover Letter 5.2 iii. Table of Contents N.A. ES Executive Summary 5.3 1. Company Description 5.4 A. Business Structure 5.4.1 B. Collection Experience 5.4.2 C. Service Initiation Experience 5.4.3 D. Existing Management & Customer Service 5.4.4 Systems E. Key Personnel 5.4.5 F. Past Performance Record 5.4.6 G. Financial Information 5.4.7 2. Proposal for Requested Collection Services 3.0 and 5.5 A. Residential Services 3.2.1 and 5.5 B. MFD Services 3.2.2 and 5.5 C. Commercial Services 3.2.3 and 5.5 D. Construction and Demolition Services 3.2.4 and 5.5 E. City Services 3.2.5 and 5.5 F. Processing, Diversion and Disposal Plan 3.2.6, 7, 8 and 9 G. Public Education and Outreach 3.4 H. Diversion Requirements 3.5 I. Requirements for Operations, Equipment and 3.6 Personnel J. Billing, Customer Service, Record Keeping and 3.7 Reporting K. Contractor Implementation Plan 3.8 L. Alternative Proposals 3.9 3. Exceptions to the RFP and Franchise Agreement 5.6 4. Cost Proposal 5.7 A. Base Cost Proposal 5.7.1 B. Alternative Cost Proposals 5.7.2 5. Other Proposal Forms 5.8 A. Proposer Code of Conduct 5.8.1 6. Street Sweeping Cost Proposal (OPTIONAL) 5.9 Power Washing Cost Proposal (OPTIONAL) 5.10 DRAFT RFP for Franchised Collection Services 11/28/17 Page 30 65A-47 City of Santa Ana, California Section 5. Submittal Requirements The cover letter shall clearly identify the legal entity or entities submitting the proposal and state whether each is a sole proprietorship, partnership, corporation, LLC, or joint venture. The cover letter shall be signed by the designated representative authorized to bind Proposer. Proposer shall acknowledge receipt of any addenda issued as part of this RFP process. Proposer shall provide an executive summary to introduce its proposal and highlight any unique aspects of its approach to providing service to the City. 5.4.1 Business Structure Proposer shall include the following in its proposal: 1. Confirm that Proposer is authorized to do business in California. 2. Identify the legal entity that would execute the Franchise Agreement. State whether each entity is a sole proprietorship, partnership, corporation, LLC, or joint venture. Describe in detail the relationship of the Proposer to the executing entity. If the Proposer is a joint venture, describe where the entities have collaborated before. 3. State the number of years the entities have been organized and doing business under this legal structure. Proposal must include all the names of company's (and executing entities' if different than company's) owners/stockholders with greater than a 10% holding of the company's total assets. 4. Identify other businesses with ownership by principals and/or management. 5. Proposer shall describe all services to be performed by subcontractors, and identify each subcontractor by name. Proposer shall describe any current or past working relationship with the subcontractor(s) in the past five years. 6. Proposer shall declare its intent to offer or not offer employment to eligible employees of the current contractor as described in Section 3.6.3 of this RFP. 5.4.2 Collection Experience Proposer shall describe its experience serving jurisdictions in California (preferably serving jurisdictions of similar or larger size and similar demographics to the City). Proposer's description for each comparable jurisdiction shall include: 1. The name of the jurisdiction where the services were provided, commencement date of services and term of the Agreement; DRAFT RFP for Franchised Collection Services 11/28/17 Page 31 ,r i 46 City of Santa Ana, California Section S. Submittal Requirements 2. The services provided (e.g., solid waste collection, recyclable materials, organic materials collection, and other unique collection programs such as a -waste or household hazardous waste); 3. The name, address, and telephone number of the jurisdiction representative responsible for administering the Agreement; and, 4. The number of Residential (i.e., specify Residential Curbside and MFD), Commercial (i.e., specify cart, bin, roll -off and other) and City (or other) customers served; tons collected, diverted, and disposed annually; and, the type and number of vehicles dispatched per day for each of the services provided. 5.4.3 Service Initiation Experience The City is interested in learning about each Proposer's experience with the following types of service initiations: (1) implementation of new franchise agreements in which the Proposer replaced the existing contractor. Include a minimum of three reference projects for which the Proposer has initiated a new collection contract and/or new collection services. For each reference program, the description shall include: 1. The name of the jurisdiction where the services were provided, commencement date and term of the Agreement; 2. The service initiation performed (i.e., initiation of a new franchise agreement) and length of time to complete; 3. The name, address, and telephone number of the jurisdiction representative responsible for administering the Agreement; 4. The number of Residential and Commercial customers served; tons collected, diverted and disposed annually; and the type and number of vehicles dispatched per day for solid waste, recyclable materials, and organic material collection services; 5. Description of how the company handled the specific requirements for the procurement of vehicles and personnel; training of personnel; billing and fee collection services; determination of routes and operating procedures; delivery of containers; public education; and the preparation of procedures to ensure a smooth transition from one company to another and one type of service to another, use of recycled content carts; and, 6. Identification of problems that occurred during the initiation of the new contract and solutions implemented to solve the problem(s). 5.4.4 Existing Management and Customer Service Systems Proposer shall describe the management systems and customer service systems its company uses to manage inquiries and complaints received from Residential and Commercial customers. If the proposer uses different systems for different communities, then the proposer shall provide a separate description of no more than three systems. The description of the management systems and customer service systems shall include, at a minimum: 1. The name, type of equipment, and software used to maintain routing and customer service information. DRAFT RFP for Franchised Collection Services 11/28/17 Page 32 65A-49 City of Santa Ana, California Section S. Submittal Requirements 2. Management procedures for managing inquiries and complaints and procedures used to minimize complaints (e.g., missed pick-ups, noise, spills, etc.). 3. Description of system capability and/or procedures to ensure timely accessibility of information by jurisdictions served. 4. Description as to whether individual call centers are established for each of the Proposer's service areas or if customer calls are handled by a centralized call center, and shall identify the location of the proposed call center. 5. Indication as to whether the system is used company -wide or for select jurisdictions (listing which jurisdictions). 6. Description of how the customer service information interfaces with route data and billing data, and 7. Description of procedures used to satisfactorily respond to, record, and report common customer complaints such as: missed pick-ups; spills and litter resulting from collection; collection schedule changes; broken or missing containers; improperly prepared set -outs; noise complaints; traffic and sidewalk obstruction during collection; and, safety around collection vehicles during operations. 8. Description of how the company measures customer service about the call center's responsiveness and accuracy of responses, as well as the quality of collection service. Identify specific performance metrics or targets your company tracks. Provide actual reports for at least three jurisdictions that document the actual performance level against your targets including, at a minimum, average hold times of the customer service call center and missed pick-ups. 9. Identify the website that its customers use to obtain customer rates and service information, and to submit inquiries or complaints. Provide website address. 10. Provide sample customer billings. 11. Description of its procedures for dealing with customer billing demands, during the transition and throughout the term of the Collection Agreement. 5.4.5 Key Personnel Provide an organizational chart for key personnel and job descriptions indicating the qualifications and experience of key personnel the Proposer would assign to: (1) the transition team; and, (2) the ongoing management of the services provided under the Franchise Agreement. Specify the amount of time each individual will provide the services specified in the Franchise Agreement. Provide names, and phone numbers of municipal references that have worked with the key proposed management team members. At a minimum, key personnel shall include the general manager, controller, operations manager, route manager(s), customer service manager, maintenance manager, and recycling coordinator or other personnel with similar titles. 5.4.6 Past Performance Record 1. Criminal Proceedings DRAFT RFP for Franchised Collection Services 11/28/17 65A-50 Page 33 City of Santa Ana, California Section S. Submittal Requirements Describe any criminal proceedings in which the Proposer, any affiliate of the Proposer, and/or any director or officer of the Proposer or affiliate (with respect to their actions in such capacity), and any individual identified as Key Personnel in the Proposal has been named as a defendant that are either currently pending or were concluded within the past five years. For each proceeding, provide the name of the case, the court in which it was filed, the docket number, and the disposition. 2. Civil Litigation Describe any lawsuit in which the Proposer or any affiliate of the Proposer has been named as a defendant or cross-defendant, either currently pending or were concluded within the past five years. For each lawsuit, provide the name of the case, the court in which it was filed, the docket number, and the disposition. Lawsuits which involved only claims for personal injury or property damage arising from vehicle accidents which resulted in defense verdicts or in judgments against defendant, or settlements, of less than $10,000, need not be disclosed. 3. Administrative Proceedings Describe any administrative proceedings involving the Proposer or any affiliate initiated by federal, state or local regulatory agencies (including, by way of example, the United States Environmental Protection Agency, the Department of Resources Recycling and Recovery, the California Department of Toxic Substances Control, the California Highway Patrol, the California Department of Motor Vehicles, the California Department of Industrial Relations, the State Water Resources Control Board or any regional water quality control board) that are either currently pending or were concluded within the past five years. For each, provide the name of the agency, the office or District in which the proceeding occurred, the nature of the proceeding, the disposition, and the amount of any fines or penalties assessed. 4. Payment of Liquidated Damages List each jurisdiction in California (e.g., City, county, special district, or JPA) which has assessed liquidated damages against the Proposer or any affiliate of the Proposer within the past five years in an amount greater than $25,000. For each jurisdiction, list the amount of liquidated damages paid and the event initiating contractual liability for liquidated damages. 5. Worker Safety For the Proposer, and any affiliate of the Proposer, provide information detailing its worker safety record for the past five years. The information shall include employee safety metrics commonly used in the industry including but not limited to the number of hours lost for individual injuries per employee and workers' compensation insurance ratios. 6. Customer Service For the Proposer, and any affiliate of the Proposer, provide information detailing deficiencies in compliance with contractually stipulated customer service requirements for the past five years. The information shall include a description of the areas of customer service that were not complied with, the duration and scope of the non-compliance, and how the Contractor addressed and/or resolved the problems. DRAFT RFP for Franchised Collection Services 11/28/17 Page 34 65A-51 City of Santa Ana, California Section S. Submittal Requirements Proposers may limit information requested in Items 2, 3, 5 and 6 to civil lawsuits, administrative proceedings, worker safety records, and customer service deficiencies to those arising out of the Proposel's (and its affiliates') operations and facilities in California. Note: The term "affiliate" as used in this RFP is defined in Article 1 of the Franchise Agreement. 5.4.7 Financial Information 1. Financial Statements Submit audited financial statements for the most -recently completed fiscal year for the legal entities that would execute the Franchise Agreement. If Proposer is a new entity, the proposal must include statements from the majority owners' existing business entities. All such statements are to be prepared in accordance with Generally Accepted Accounting Principles applied on a consistent basis and shall be audited in accordance with Generally Accepted Auditing Standards and shall include a statement by the chief financial officer of the entity described in the Franchise Agreement that there has been no material adverse change in such condition or operations as reflected in the submitted balance sheet and income statements since the date on which they were prepared. 2. Financing Plan Describe the plan for financing all capital requirements (i.e., those listed in Attachment 8, Cost Proposal Forms) in a "Sources and Uses of Funds" format, which describes the sources of required capital (e.g., banks, leasing companies, cash reserves, etc.) and uses (e.g., property, trucks, equipment, containers, reserves, etc.). ' I I `� 1 •'' I I I I Requirements Proposer shall describe how it plans to perform the collection services requested in Section 3 of this RFP and described in the Franchise Agreement. Information must separately address all four service sectors: Residential Curbside, MFD, Commercial, and City facilities. Proposer must explain any differences in the method of delivering the services, equipment used, and containers to be provided. The description shall also note differences in terms of routing strategies, collection methods, vehicles, collection crew size, etc. In addition, Proposer must describe in detail why its technical approach to the services was chosen and its benefits to the City. Proposer shall include, at a minimum, the following: 1. Routing strategy and productivity assumptions for Residential Curbside, MFD, Commercial and City facilities; discussion of special routing (if any) for collecting in narrow streets, courts, and alleys; and route productivity assumptions (in terms of Residential Curbside accounts per route per day and MFD/Commercial lifts per route per day) and where these productivity assumptions have been accomplished in other cities serviced by the Proposer; DRAFT RFP for Franchised Collection Services 11/28/17 Page 35 65A-52 City of Santa Ana, California Section S. Submittal Requirements 2. Collection methodology (e.g., automated, semi -automated, one- or two -person crews, etc.), including discussion of special methods (if any) for collecting in any hard -to -service areas. Description shall include detailed safety program. 3. Number of and description of the collection vehicles to be utilized (e.g. vehicle description, manufacturer and model number, cost, capacity, age, lease or ownership arrangements, etc.). New vehicles are required for Residential and MFD/Commercial/City collection services. J1bh requirement is primarily to ensure that comparable cost proposals are submitted. The City reserves the right to allow the contractor to provide used collection vehicles.) New or used vehicles may be used for support vehicles. Manufacturer's specifications of containers to be utilized. New carts shall be provided for Residential Curbside and new or used containers (i.e., carts, bins and roll -off boxes) may be provided for MFD/Commercial/City customers. It is anticipated that the current franchised hauler will negotiate with the selected Proposer(s) to transfer ownership of all MFD and Commercial bins and/or roll -off boxes if the current hauler is not selected. However Proposers must base proposals on the assumption that new carts, bins and roll -off boxes will be purchased. (This requirement is primarily to ensure that comparable cost proposals are submitted. The City reserves the right to allow the contractor to provide used containers/bins.) Container requirements are described in Article 7.10 of the Franchise Agreement. Proposer shall supply complete technical data and manufacturing specifications on the specific cart, bins and roll -off boxes being used. Proposer must also provide a detailed user's list of other jurisdictions using the same make and model of cart. The City or its designee may use this information as a reference list regarding the quality of products and service records of the manufacturer. 4. For Residential Curbside, Proposer must present assumptions regarding the percentage of customers that will place materials curbside and factor in the anticipated number of customers eligible for Low Income Senior Citizen rates as described in Article 8.3 of the Franchise Agreement. Describe the basis for deriving these assumptions. 5. Details on the proposed Transfer Facility, Disposal Facility, Recyclables Materials Processing Facility and/or Organics Processing Facility. For each facility please provide the following: documentation that all existing permits and approvals are in place; documentation that the facility has sufficient capacity to process the materials from the City service area; description of how the materials will be delivered to the facility, either direct hauled or transferred with details on any transfer operations; rate per ton for each facility; and, one-way mileage from the service area (assume City Hall at 20 Civic Center Plaza, Santa Ana) to the proposed facility. - I I - RFP andFranchise Agreement The City expects that the successful Proposer(s) will execute a single Franchise Agreement with the City in substantially the same form as the draft Franchise Agreement (as it may be changed via Addendum during the RFP process). DRAFT RFP for Franchised Collection Services 11/28/17 65A-53 Page 36 City of Santa Ana, California Section S. Submittal Requirements Proposers are required to review carefully the Franchise Agreement before submitting proposals and are encouraged to have it reviewed by legal counsel. Proposers are also encouraged to submit written questions, or raise questions at the Pre -Proposal Meeting, about any provision in the Franchise Agreement not fully understood, which would appear to be inconsistent with other provisions or otherwise incorrect, or which may deter them from submitting a Proposal or significantly increase the cost of their Proposal. If a Proposer is not willing to execute Franchise Agreements with the City because of specific provisions in the Franchise Agreement, it must identify each provision to which it takes exception ("objectionable provision') in its Proposal. Each objectionable provision must be presented separately by stating the specific objectionable provision, the suggested changes, if any, to the objectionable provision, the program or services related to the objectionable provision, and the reason for the needed change to the objectionable provision. If Proposers submit suggested changes to the Franchise Agreement language related to objectionable provisions, they must identify the specific dollar change in each of the affected cost items, as proposed by the Proposer in response to this RFP, which would take place if the suggested change was accepted by the City. Proposers should note that if suggested changes are proposed or objectionable provisions identified, all required information as set forth above must be submitted. Suggested changes or objections to provisions, without providing the required information will not be considered. Proposers should also note that the submittal of suggested changes to the Franchise Agreement or objections to provisions does not obligate the City to revise the terms of the Franchise Agreement as published in this RFP, including such revisions as may be issued by the City during the RFP process. The number, nature and materiality of objectionable provisions and suggested changes to the Franchise Agreement will be considered in evaluating proposals. Proposer shall follow the instructions provided below for preparation of the cost proposal. All elements described are required submittals except for the alternative cost proposals. Proposers are to prepare base cost proposals as requested in Section 5.7.1 solely on the program specifications set forth in the RFP documents without considering any exceptions or alternatives. The proposal assumptions, operating statistics, and cost proposal information submitted by Proposer will be evaluated to determine the reasonableness of the contractor's compensation requirement and will serve as a baseline for establishing Rate Year One contractor's compensation and future adjustments to contractor's compensation. The cost proposal shall be firm and valid for a period of one year from the submittal date of the proposal. Within 30 days of request by the City, the selected contractor shall revise the cost proposal forms and submit adjusted proposed costs that shall reflect any alternative programs which will be included in the scope. These "adjusted proposed costs" will be included in the executed Franchise Agreement. The City may request additional detailed cost and operating assumptions to fully understand the adjusted cost proposal and verify its reasonableness. DRAFT RFP for Franchised Collection Services 11/28/17 Page 37 65A-54 City of Santa Ana, California Section S. Submittal Requirements 5.7.1 Base Cost Proposal Proposer shall be required to submit a complete set of cost forms for the Base Cost Proposal. When Proposers complete the Base Cost Proposal for the core programs (Forms provided as Attachment 8), proposals shall be made based on the following assumptions: 1. All collection services described in the Franchise Agreement shall be included in the scope; 2. The provision of the collection services shall be governed by the terms and conditions of the Franchise Agreement; 3. New services shall commence July 1, 2020; 4. For the purposes of preparing the cost proposal, please specify the processing fee to be charged for recyclables materials and organic materials. Please breakout the processing fee to reflect transportation costs/ton and the actual tipping fee or rebate charged at the processing facility 5. For the purposes of preparing the cost proposal, the number of accounts, container lifts, and roll -off box pulls to be serviced by contractor shall be as specified on the designated Cost Proposal Form. The account data provided on the cost forms is actual 2016 and/or 2017 data. 6. For the purposes of preparing the cost proposal, the tonnage collected by the contractor shall be that specified on the designated Cost Proposal Form. 7. For the purposes of preparing the cost proposal, the fees to be paid to the City shall include the following (to be updated pending finalization): • X% Franchise Fee • X% SMART Fee The proposed rates shall not include the NDPES Fees, which will be added to the finalized City rates but not included as part of the proposal for the purposes of evaluation. 8. Proposers shall propose annualized costs associated with implementation of the new collection services. The Proposer shall estimate one-time implementation costs, annualize the costs over 10 years, and present the annualized costs. The annualized implementation costs shall assume full implementation of new services on July 1, 2020. These implementation costs shall be allocated on the designated Cost Proposal Forms. 5.7.2 Alternative Cost Proposals Proposer may present, at its option, alternative cost proposals. If the Proposer prepares an alternative cost proposal they are still required to submit a Base Cost Proposal. These alternative proposals are proposals that are different than the base cost proposals. The alternative cost proposals shall be based on the technical description provided by the Proposer pursuant to Section 3.8 of this document. If a Proposer chooses to present an alternative proposal for a collection strategy other than that discussed in the RFP or Franchise Agreement, Proposer is required to submit an additional, complete set of the Cost Proposal Forms provided as Attachment 8, documenting an alternative DRAFT RFP for Franchised Collection Services 11/28/17 Page 38 65A-55 City of Santa Ana, California Section S. Submittal Requirements cost proposal. Forms shall clearly indicate "Alternative Proposal for " on each page of the additional cost proposal. 5.8.1 Proposer Code of Conduct Each Proposer shall complete and submit the Proposer Code of Conduct (Attachment 2) and Non -Collusion Affidavit (Attachment 3). The Proposer Code of Conduct and Non -Collusion Affidavit shall be signed by the designated representative authorized to bind the proposing company and shall be submitted according to the timeline provided on Table 1-2. Proposers may email a PDF version of the signed document to the email address provided in Section 4.4.1 to meet the deadline and concurrently mail the original, signed Code of Conduct to the address provided in Section 4.4.4. The City is offering Proposers the opportunity to submit a proposal to provide the City's street sweeping services. This proposal is optional and will be considered separately from the Proposal for Collection Services. Attachment 9 provides the all requirements and historical data, as well as a proposal form for this service. I' Optional PoWashing Proposal The City is offering Proposers the opportunity to submit a proposal to provide the City's power washing services. This proposal is optional and will be considered separately from the Proposal for Collection Services. Attachment 10 provides the all requirements and historical data, as well as a proposal form for this service. Additional information or data relevant to the proposal is optional and may be included by a Proposer as an attachment to the proposal. DRAFT RFP for Franchised Collection Services 11/28/17 65A-56 Page 39 City of Santa Ana, California Section 6. Proposal Evaluation Process SECTION 6 - PROPOSAL EVALUATION PROCESS This section describes the proposed process for evaluating proposals and selecting the collection contractor. Section 6.1 describes the evaluation process for the contract award recommendation to the City Council. Section 6.2 presents the evaluation criteria. Note that the City reserves the right to modify this process in any way and at any time during the RFP and contractor selection process. 6.1.1 Evaluation and Selection Process A detailed evaluation of the proposals will be conducted and interviews will be conducted. A comparative description of the proposals and evaluation results will be prepared. The evaluation and recommendation will be presented to City Council. The City Council will review the recommendation and approve that recommendation or form an alternative recommendation. 6.1.2 Evaluation Tasks The following tasks will be completed as part of the evaluation process. • Review of all proposals received for compliance • Analysis of financial capabilities of companies • Reference checks • Evaluation of reasonableness and competitiveness of cost proposals • Request for clarification information from the Proposer • Rating of proposals using a quantitative method based on the criteria presented in Section 6.2 • Ranking of proposals using the established evaluation criteria • Preparation of a report including the comparative summary of proposals, the evaluation results and rankings During the process, Proposer will be required to attend any interviews, allow site visits, and give presentations to the City if requested and as applicable. Proposals will be numerically scored and ranked using the criteria and weighting described in this section. The scores assigned will reflect the extent to which criteria is fulfilled relative to other proposals. The evaluation criteria and maximum score that can be achieved for each criterion is presented in Table 6-1. DRAFT RFP for Franchised Collection Services 11/28/17 Page 40 65A-57 City of Santa Ana, California Section 6. Proposal Evaluation Process DRAFT RFP for Franchised Collection Services 11/28/17 Page 41 65A-58 City of Santa Ana, California Section 6. Proposal Evaluation Process Table 6-1 Evaluation Criteria and Weighting Evaluation Criteria Weighting Responsiveness to RFP Pass/Fail Company Qualifications and Experience 20% Proposal for Collection and Diversion Services 25% Customer Service, Outreach and Education, and Operational and Material Management Infrastructure 20% Cost Proposal 30% Interview 5% California Assembly Bill 1669 Hiring Preference Intent Requirement Compliance +10% Number and Materiality of Suggested Changes to Franchise Agreement Noted The City reserves the right to act in the best interest of its residents and businesses, including the right to reject a proposal that is given the highest quantitative scoring in the evaluation process if the proposal is not in the best interest of residents and businesses. The potential factors that may be considered when developing the score for each criterion are presented below. 6.2.1 Responsiveness(Pass/Fail) Proposer must be fully compliant with the RFP and procurement procedures as demonstrated by submittal of all elements required by Sections 3 and 5 of this RFP; full completion of all cost proposal forms required in Section 5.6; compliance with process guidelines presented in Section 4; and adherence to the code of conduct signed by the Proposer. 6.2.2 Company Qualifications and Experience 1. Collection Experience Demonstrated experience of company providing the requested or similar services to other jurisdictions. If the Proposer is a joint venture, demonstrated experience of parties working together. 2. Service Initiation Experience Demonstrated experience of company's ability to implement new collection services and new franchise agreements and obligations that are like the City services in comparable sized communities. DRAFT RFP for Franchised Collection Services 11/28/17 Page 42 65A-59 City of Santa Ana, California Section 6. Proposal Evaluation Process 3. Management and Customer Service Systems Demonstrated capabilities of the company's existing management and customer service systems' abilities to track and monitor contract compliance, quality of collection service, and call center responsiveness and to report data required (see Article 8 of the Franchise Agreement). In the event the company proposes use of a new or modified system, the extent to which such system has the potential to meet the, City's needs and contract requirements will be evaluated. 4. Key Personnel Qualifications Extent and relevance of the qualifications and experience of key personnel proposed for the transition team and on-going management of the City's collection operations. 5. Past Performance Record Review of company's history with litigation and regulatory action (e.g., nature of past and pending civil, legal, regulatory, and criminal actions; history and nature of payments of liquidated damages); regulatory compliance related to equipment and facilities including compliance with land use permits, storm water discharge permits, state highway requirements, etc.). 6. Financial Stability Financial strength and ability of company to acquire equipment and provide financial assurance of performance based on review of its audited financial statements and its proposed financing plan and the relationship of the City's Franchise Agreement to the company's total annual revenues. 7. Jurisdiction Satisfaction Satisfaction of company's references with the services received in the past 10 years (including, but not limited to, implementation, customer service, call center, billing, payment of fees, reporting, and the handling of contractual issues). 6.2.3 Proposal for Collection and Diversion Services 1. Collection Approach Reasonableness and reliability of the proposed collection methods (e.g., technology, equipment, and containers); reasonableness of productivity and operating assumptions (i.e., number of routes, route drivers, route hours, stops per route, and other operating statistics), if applicable; and reasonableness of assumptions. 2. Collection Facilities Plan for providing the facilities needed for equipment storage and parking, maintenance, and administration. Level of assurance provided, if any, about site acquisition and timely development of necessary facilities if not proposing an existing, operational and permitted facility. DRAFT RFP for Franchised Collection Services 11/28/17 Page 43 65A-60 City of Santa Ana, California Section 6. Proposal Evaluation Process 3. Diversion Programs The nature, reliability, and innovation of proposed diversion programs and potential of such programs to divert solid waste from landfill disposal and meet the diversion requirements of Article 6.7 of the Franchise Agreement. 6.2.4 Customer Service, Outreach and Education, and Operational and Material Management Infrastructure 1. Customer Service Customer service approach, staffing levels, and City -specific training programs. 2. Billing Svstem. Billing approach, and procedures for handling customer billing activities. 3. Outreach and Education Plan Outreach and Education approach and reasonableness of planned program to achieve contract requirements; and, the quality of public education samples relative to other Proposers. 4. Implementation Plan Reasonableness of implementation schedule and ability to meet deadlines (e.g., reasonableness of equipment procurement schedules, implementation staffing levels, public education program, container/cart distribution, new corporation or maintenance yard development, contingency plans, etc.). 5. Operational and Material Management Infrastructure Reasonableness and reliability of the proposed facilities for transfer, disposal and/or processing of solid waste, recyclable materials and organic materials, including documentation of existing facility permitting/approvals and/or guarantee of sufficient capacity for tonnage from the City service area, and the reasonableness of proposed material transport plans. 6.2.5 Cost Proposal 1. Reasonableness of Cost Proposals Logical relationship between proposed costs and operational assumptions for the base cost proposal. 2. Competitiveness of Cost Proposals. Cost competitiveness relative to other proposals. 6.2.6 Number and Materiality of Suggested Changes to Franchise Agreement The number, nature and materiality of suggested changes to the Franchise Agreement will be considered in evaluating proposals. DRAFT RFP for Franchised Collection Services 11/28/17 Page 44 65A-61 City of Santa Ana, California Section 6. Proposal Evaluation Process 6.2.7 California Assembly Bill 1669 Hiring Preference Intent Requirement Compliance The statement of intent to hire displaced workers according to the requirements of AB 1669 (Attachment 11). 6.2.8 Alternative Technical Proposals The City is not obligated to evaluate or select alternative proposals. Alternative proposals will be considered by the City if the City concludes, in its sole discretion, that the alternative proposals warrant evaluation and analysis. Such evaluation will consider the reasonableness and reliability of proposed collection methods, technology, equipment, and containers and the reasonableness of productivity and operating assumptions (i.e., number of routes, route drivers, route hours, stops per route, and other operating statistics). At the City's option, the reasonableness and competitiveness of one or more alternative proposal(s) may be evaluated. DRAFT RFP for Franchised Collection Services 11/28/17 65A-62 Page 45 City of Santa Ana, California Attachment 1: Franchise Agreement for Collection Services Attachments DRAFT RFP for Franchised Collection Services 11/28/17 Attachment 2 65A-63 City of Santa Ana, California Attachment 2: Proposer Code of Conduct Attachments DRAFT RFP for Franchised Collection Services 11/28/17 Attachment 2 65A-64 City of Santa Ana, California Attachment 3: Non -Collusion Affidavit Attachments DRAFT RFP for Franchised Collection Services 11/28/17 Attachment 65A-65 City of Santa Ana, California Attachments Attachment 4: List of City Facilities and Public Receptacle Locations DRAFT RFP for Franchised Collection Services 11/28/17 Attachment o • 1. City of Santa Ana, California Attachment 5; Current Demographic and Service Summary Attachments DRAFT RFP for Franchised Collection Services 11/28/17 Attachment 65A-67 City of Santa Ana, California Attachment 6: Operating Statistics and Collection Route Data DRAFT RFP for Franchised Collection Services 11/28/17 o • • Attachments Attachment City of Santa Ana, California Attachment 7: Current Rates DRAFT RFP for Franchised Collection Services 11/28/17 65A-69 Attachments Attachment City of Santa Ana, California Attachment 8: Cost Proposal Forms Attachments DRAFT RFP for Franchised Collection Services 11/28/17 Attachment 65A-70 City of Santa Ana, California Attachments Attachment 9: Street Sweeping Statistics and Optional Cost Proposal Form DRAFT RFP for Franchised Collection Services 11/28/17 Attachment 65A-71 City of Santa Ana, California Attachments Attachment 10: Optional Power Washing Proposal Data and Form DRAFT RFP for Franchised Collection Services 11/28/17 65A-72 Attachment City of Santa Ana, California Attachment 11: AB 1669 Sections 1070-1075 Attachments DRAFT RFP for Franchised Collection Services 11/28/17 Attachment 65A-73 City of Santa Ana, California Attachment 12: Acceptable Household Hazardous Waste Attachments DRAFT RFP for Franchised Collection Services 11/28/17 Attachment 65A-74 SOLID WASTE SERVICES IMPLEMENTATION TIMELINE A Presentation to City Council, Extension, draft RFP and Revised Timeline r< December 5, 2017 Staff Report Due (for 1/16 meeting) January 2, 2018 City Council Approves RFP January 16, 2018 City Releases RFP January 30, 2018 R.S.V.P. Deadline for Pre -Proposal Meeting by 4 p.m. February 15, 2018 Proposers to Submit Signed Proposer Code of Conduct February 22, 2018 Mandatory Pre -Proposal Meeting February 22, 2018 Deadline for Proposers to Submit Written Questions Regarding RFP. March 20, 2018 City will issue Response to Written Questions, Summary of responses provided at the Pre -Proposal Meeting, and RFP Addendum if necessary. April 9, 2018 Proposals Due by 4 p.m. May 29, 2018 Review Proposals for Completeness Due to Form June 5, 2018 City requests Clarification of Proposal Information July 3, 2018 Deadline to Respond to Clarification Questions July 17, 2018 Proposer Interviews August 7, 2018 Proposal Evaluations and Consultant Report Complete August 28, 2018 Staff Report Due (for 10/2 meeting) September 17, 2018 Staff Report Due (for 10/16 meeting) October 1, 2018 Presentation to City Council — Proposal Evaluation Results & Recommendations October 2, 2018 City Council Selects Solid Waste Services Provider October 16, 2018 Negotiations with Selected Solid Waste Provider begins October 17, 2018 Finalize Negotiations with Selected Solid Waste Provider (Including truck, bin, and cart specifications) November 13, 2018 Staff Report Due (for 12/3 meeting) November 19, 2018 Negotiations Progress Update to Council and Approval to begin Prop 218 process December 3, 2018 Staff Report Due (for 12/18 meeting) December 3, 2018 Presentation to New City Council — process and status update December 18, 2018 Prepare Prop 218 Notice, legal review, and mailing data base verification January 16, 2019 Prop 218 Process: 45 -Day Notice, Community Meetings February 20 thru April 16, 2019 Staff Report Due (for 4/16 meeting) April 1, 2019 Public Hearing and Recording of Protest Vote April 16, 2019 Exhibit 3 65A-75 l�/I;F(tixrl 'f3 CI#Bn ti G b a. t�e M Staff Report Due ( for 5/21 meeting) May 6, 2019 Council Awards Contracts May 21, 2019 Execution of Contract, Bonding and Insurance Verification June 4, 2019 New Contract Preparation/Readiness: Truck, bin and cart purchase, development of public education pieces with staff June 19, 2019 thru review/approval, review routing and minimize service day February 19, 2020 changes where possible, personnel hiring. Staff Report Due (for 10/15 meeting) September 30, 2019 Progress Report to City Council October 15, 2019 Staff Report Due (for 3/3 meeting) February 17, 2020 Progress Report to City Council March 3, 2020 New Service Rollout Begins July 1, 2020 * The City reserves the right to modify this schedule as needed, or if unforeseen circumstances occur. This schedule assumes no delays. 65A-76 REQUEST FOR COUNCIL ACTION D8Ill flesillL,M14i41=1=III [ ITA11A 5, 2017 TITLE: UPDATE ON SANTA ANA JAIL REUSE STUDY AND DIRECTION ON PRIORITIZATION FOR REUSE OPTIONS (STRATEGIC PLAN NO. 1, 5) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Review the Santa Ana Jail Reuse Study Update and provide direction on prioritization for reuse options. DISCUSSION On April 4, 2017, the City Council awarded a contract to Vanir Construction Management Inc. (Vanir), for the purpose of completing a Jail Reuse Study for the Santa Ana Jail. This study includes a jail facility condition assessment and an evaluation of options for the future use of the jail. These options include the feasibility to continue operating the facility as a jail, a modified jail operation, or exploration of alternative uses. Staff has worked with Vanir to complete the jail facility conditions assessment. An executive summary of this report (Exhibit 1) provides the condition findings. This executive summary provides a baseline conditions assessment which gives the City an understanding of how the jail compares to similar facilities and provides an assessment of the mechanical and physical components of the jail. A finding was the deficiencies in the jail's plumbing system, however, staff proposed corrective replacement of the plumbing which was approved by the City Council and has commenced. On July 13, 2017, the City amended the scope of work and compensation with Vanir to allow for additional input and direction from the City Council. On August 1, 2017, staff and Vanir conducted a presentation to the Council and received input on next steps. The desire from the Council was to conduct additional outreach and seek input from the community. Following this meeting, staff conducted three workshops with the Com -Link group, the Santa Ana Chamber of Commerce, and a city-wide meeting. The Chamber of Commerce requested a tour of the jail facility in order to provide more input to staff on options for consideration. 6513-1 Santa Ana Jail Reuse Study Update August 1, 2017 Page 2 The feedback is summarized into the following caterogies: • maintain it as some type of jail facility • insitutational use, i.e. homeless shelter or mental health facility • community/general use space • commericial actitivties/partnerships, i.e. directed job training, partnerships with local industry, data center, etc. In discussions with the community and in consultation with the consultant, the provider or end user groups were not identified, but rather that category. The rationale being that regardless of the user or tenant, the building modification and structural elements that need to be addressed would be primary in the Jail Reuse Study. Staff is recommending that the following four scenarios be evaluated by Vanir (the first was previously evaluated as part of the budget preparation for FY 2017/18): • Jail Use/ Rehabilitation or Transitional option with CDCR • Commericial Options (i.e. data center) • Institutional Use (i.e. homeless shelter/mental health facility) • Community/General Use Upon receiving further direction from the City Council, staff will have the consultant complete the Jail Reuse Study, which will include: detailed description of each option, fiscal analysis, and consultant recommendations. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #1- Community Safety and Objective #5, Provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana. FISCAL IMPACT There is no fiscal impact associated with this item. 65B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: APPROVED PUBLIC HEARING -ADDENDUM TO THE ❑ As Recommended FINAL ENVIRONMENTAL IMPACT ❑ As Amended STATEMENT / ENVIRONMENTAL IMPACT F] Ordinance on tri Reading E] Ordinance on Reading REPORT FOR BRISTOL STREET / MEMORY ElRe Implementing Resolution LANE INTERSECTION IMPROVEMENT ❑ Set Public Hearing For PROJECT (PROJECT NO. 17-6883) (STRATEGIC PLAN NO. 6, 1G) 1 CIT ANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Adopt a resolution approving an Addendum to the Final Environmental Impact Statement/ Environmental Impact Report pertaining to the Bristol Street/Memory Lane Intersection Improvement. 2. Authorize the City Manager to approve an exception to the standard setback requirement per Municipal Code Section 41-781, so that the City may accommodate street widening without requiring full property acquisitions. Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improvement of the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, bike lanes, and sidewalks. In 1990, the City Council authorized embarking on these proposed improvements with the approval of the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) (Exhibit 1). The current configuration at the Bristol Street/Memory Lane intersection is two southbound through lanes and a dedicated right -turn lane. The approved FEIS/EIR envisioned three southbound through lanes and a dedicated right -turn lane at this intersection. In order to accommodate the third through lane and bike lane, widening of the existing street right-of-way (ROW) is necessary. Consequently, a narrow strip will need to be acquired as partial takes on the west side of Bristol Street, north of the intersection of Bristol Street and Memory Lane (Exhibit 2). No provision was made in the FEIS/EIR to analyze the impacts of this specific acquisition. These modifications are identified in the Addendum to the FEIS/EIR as an exhibit to the resolution in accordance with the California Environmental Quality Act (CEQA). The design modifications to the project segment include the following: 75A-1 Public Hearing - Addendum to the FEIR/FEIS Bristol Street/Memory Lane Intersection Improvement December 5, 2017 Page 2 • The ROW width would be increased from 100 feet to 111 feet. • The street section width would be increased from 84 feet to 95 feet. • The ROW acquisition does not result in building nor property modifications. A resolution approving the Addendum to the FEIS/EIR (Exhibit 3) is needed to allow expenditure of grant funding for ROW acquisition and construction of the project. Staff recommends that the City Council adopt the resolution in accordance with the CEQA requirements. According to Community Commercial (C1) and Specific Development 27 (SD27) zoning requirements of the three impacted properties, the current standard setback is 15 feet. If the recommended acquisitions take place, the setback for two of the properties will be less than standard at three pinch point locations (Exhibit 4); two created by roof overhang setbacks of 12 feet and 14 feet, and a third location where a small balcony shielded by landscaping and vegetation is setback 11 feet. In accordance with Municipal Code Section 41- 781, the City may acquire property for public improvements which may result in non-standard setbacks if approved by the City Manager in consultation with the City Council. Since these setback variances are minor and since project costs are reduced from minimized ROW acquisitions, staff requests authorization from the City Manager to approve the nonstandard landscape setback. 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 for Bristol Street widening. ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications, an addendum to the FEIS/EIR has been prepared. Staff recommends City Council to adopt the resolution approving the Addendum to the Final Environmental Impact Statement/Environmental Impact Report in accordance with Section 15164(d) of the California Environmental Quality Act. FISCAL IMPACT There is no fiscal im ct asso iated with this action. red Mousavipo Executive Director Public Works Agency FM/EWG/JG/KN/ML Exhibits: 1. http://santa-ana/pwa/documents/FinalEnvironmentalImpactReport.pdf 2. Location Map 3. Resolution Addendum to the FEIS/EIR 4. Setback Exhibit 75A-2 Exhibit 1 Can be found at: http•//santa-ana/pwa/documents/Fina[Environ mental I mpactReport. Pdf 75A-3 75A-4 4 (NTS) r W E I'I;'Tj W-11 11 PARK LN SANTA ANA ADDENDUM TO THE FINAL ENVIRONMENTAL W IMPACT STATEMENT / ENVIRONMENTAL IMPACT REPORT FOR BRISTOL STREET/MEMORY 'PWA ] CRY COUNCIL LANE INTERSECTION IMPROVEMENTS PROJECT 4.. (PROJECT NO. 17-6883) PACS 1 OF 1 IStrateale Plan No. 6.1. G] 75A-5 75A-6 Jmf 11/15/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT / ENVIRONMENTAL IMPACT REPORT NO. 89-01 FOR THE BRISTOL STREET WIDENING PROJECT PERTAINING TO THE INTERSECTION OF BRISTOL STREET AND MEMORY LANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 19, 1990, the City Council approved the Final Environmental Impact Statement / Environmental Impact Report No. 89-01 ("FEIS/EIR') for the widening of a 3.9 -mile segment of Bristol Street from Warner Avenue to Memory Lane, hereinafter referred to as the "Project". B. The California Environmental Quality Act ("CEQA') requires that if there are minortechnical changes or additions to a project, and no new or substantially more severe significant effects result, an addendum to an approved EIR must be prepared. C. The City Council has previously considered and approved various addenda to the FEIS/EI R, most recently in 2015 for design modifications to Phase IV of the Project, between Warner Avenue and Saint Andrew Place. D. To address minor design modifications to the Project concerning the Bristol Street and Memory Lane Intersection, a further Addendum has been prepared, a copy of which is attached as Exhibit A ("Addendum"). E. On December 5, 2017, in accordance with CEQA Guidelines section 15164, the City Council considered for approval this Addendum to the FEIS/EIR. Section 2. The City Council previously approved and adopted the FEIS/EIR for the Project. In accordance with the California Environmental Quality Act, the Addendum to the FEIS/EIR was prepared for the Project. Based upon the studies, the City Council determines that there are no new significant impacts or any increases in the severity of the impacts previously identified in the original FEIS/EIR. The City Council hereby approves the Addendum to the FEIS/EIR, attached hereto as Exhibit A, and incorporated as though fully set forth herein. EXHIBIT 3 Resoluflon No. 2017 -XXX Page 1 of 3 75A-7 jmf11115/17 Section 3. These decisions are based upon the Request for Council Action dated December 5, 2017, and exhibits attached thereto; the public comments; and the Final Environmental Impact Study / Environmental Impact Report No. 89-01, all of which are incorporated herein by this reference. Section 4. The City Council directs that any necessary Notice of Determination be prepared and filed with the Clerk of the County of Orange in the matter as required by law. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75A-8 Resolution No. 2017 -XXX Page 2 of 3 jmf 11/15/17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2017- to be the original resolution adopted by the City Council of the City of Santa Ana on 2017. Date: Clerk of the Council City of Santa Ana 75A-9 Resolution No. 2017 -XXX Page 3 of 3 "EXHIBIT A" DRAFT ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements Project No. 17-6883 Lead Agency: CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza Santa Ana, California 92702 Contact. Kenny Nguyen 714.647.5632 Prepared by: MICHAEL BAKER INTERNATIONAL 5 Hutton Centre Drive, Suite 500 Santa Ana, California 92707 Contact: Ms. Kristen Bogue 949.472.3505 November 2017 JN 161391 75A-10 This document is designed for double -sided printing to conserve natural resources. 75A-11 Draft I November 2017 i Table of Contents 75A-12 ENVIRONMENTAL IMPACT REPORT ADDENDUM w I _- P11 - Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 TABLE TABLE OF CONTENTS 1.0 INTRODUCTION ......................................................................................................................1-1 1.1 Purpose of an Addendum.................................................................................................... 1-1 1.2 Project Location..................................................................................................................1-3 1.3 Project Background.............................................................................................................1-6 1.3.1 Approved 1990 Final EIR/EIS...............................................................................I-6 1.4 Project Description ..............................................................................................................1-8 1.4.1 Proposed Intersection Improvements..................................................................... 1-8 1.4.2 Proposed Property Acquisition..............................................................................1-8 1.4.3 Changes as Compared to the Approved Project...................................................1-10 1.4.4 Construction Timeframe......................................................................................1-10 1.5 Discretionary Actions........................................................................................................1-12 2.0 ENVIRONMENTAL CHECKLIST.........................................................................................2-1 2.1 Background.........................................................................................................................2-1 3.0 ENVIRONMENTAL CONSEQUENCES................................................................................3-1 3.1 Aesthetics ............................................................................................................................3-1 3.2 Agricultural and Forestry Resources...................................................................................3-3 3.3 Air Quality..........................................................................................................................3-4 3.4 Biological Resources...........................................................................................................3-7 3.5 Cultural Resources..............................................................................................................3-8 3.6 Geology and Soils...............................................................................................................3-9 3.7 Greenhouse Gas Emissions...............................................................................................3-12 3.8 Hazards and Hazardous Materials.....................................................................................3-13 3.9 Hydrology and Water Quality ...........................................................................................3-17 3.10 Land Use and Planning.....................................................................................................3-19 3.11 Mineral Resources.............................................................................................................3-20 3.12 Noise.................................................................................................................................3-20 3.13 Population and Housing....................................................................................................3-22 3.14 Public Services..................................................................................................................3-23 3.15 Recreation.........................................................................................................................3-24 3.16 Transportation/Traffic.......................................................................................................3-25 3.17 Tribal Cultural Resources.................................................................................................3-27 3.18 Utilities and Service Systems............................................................................................3-28 3.19 Mandatory Findings of Significance.................................................................................3-30 4.0 REFERENCES............................................................................................................................4-1 APPENDICES: Appendix A Modified Initial Study Checklist Draft I November 2017 i Table of Contents 75A-12 ikENVIRONMENTAL IMPACT REPORT ADDENDUM n t° Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 LIST OF EXHIBITS Exhibit1 Regional Vicinity ...................................................................................................................1-4 Exhibit2 Site Vicinity ............................................................................................................................ 1-5 Exhibit 3 Existing Land Uses (1990 FEIS/EIR)....................................................................................1-7 Exhibit Proposed Lane Geometries.....................................................................................................1-9 Exhibit 5 Bristol Street/Memory Lane Intersection Configuration (1990 FEIS/EIR) .........................1-11 LIST OF TABLES Table 1 Proposed Property Acquisition...............................................................................................1-8 Draft I November 2017 2 Table of Contents 75A-13 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 ACRONYMS AND ABBREVIATIONS § Section AAQS ambient air quality standards AB Assembly Bill AM ante meridiem APN Assessor Parcel Number AQMP Air Quality Management Plant CI Community Commercial Caltrans California Department of Transportation CAP Climate Action Plan CEQA California Environmental Quality Act CO carbon monoxide CO2 carbon dioxide CPRC California Public Resources Code CWA Clean Water Act DOC Department of Conservation EIR Environmental Impact Report EIS Environmental Impact Statement EPA U.S. Environmental Protection Agency etc. etcetera FEIS/EIR Final Environmental Impact Statement/Environmental Impact Report FHWA Federal Highway Administration FTI? Federal Transportation Improvement Program GC General Commercial GHG greenhouse gas I Interstate LOS Level of Service LR -7 Low Density Residential mph miles per hour NAAQS National Ambient Air Quality Standards No. number NPDES National Pollutant Discharge Elimination System Os ozone OCTD Orange County Transit District PM post meridiem PMio particulate matter less than less than or equal to 10 microns in diameter Draft I November 2017 3 Table of Contents 75A-14 ENVIRONMENTAL IMPACT REPORT ADDENDUM I� Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 PM215 particulate matter less than less than or equal to 2.5 microns in diameter RI Single -Family Residential ROW right-of-way RTIP Regional Transportation Improvement Program RTP/SCS Regional Transportation Plan/Sustainable Communities Strategy RWQCB Regional Water Quality Control Board SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SCH State Clearinghouse SD27 Specific Development SIPS state implementation plans SR State Route SWRCB State Water Resources Control Board TCE Temporary Construction Easement TCMs Transportation Control Measures TPD tons per day UBC Uniform Building Code U.S. United States UST underground storage tank Draft 1 November 2017 4 Table of Contents 75A-15 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 1.0 INTRODUCTION This Addendum has been prepared in accordance with the California Environmental Quality Act (CEQA), as amended, to evaluate the potential environmental impacts of the proposed changes to the widening of Bristol Street, from Warner Avenue to Memory Lane as proposed in the Project Final Environmental Impact Statement/ Environmental Impact Report No. 89-01 (FEIS/EIR) approved in 1990 (FHWA-CA-EIS-89-01-F; State Clearinghouse [SCH] No. 87071509). This Addendum focuses on the intersection of Bristol Street and Memory Lane (the Project), situated in the northern segment of the Bristol Street Widening Project. This Addendum provides an assessment of potential environmental impacts associated with minor design modifications and the issues of climate change and tribal cultural resources which were not specifically addressed in the previously certified FEIS/EIR. Design modifications to the Project, since approval of the 1990 FEIS/EIR, that are addressed in this Addendum include the following: The original approved 1990 FEIS/EHL proposed the same intersection lane configuration as that proposed. As shown on Exhibits the 1990 FEIS/EIR considered a 117 -foot ROW width in order to accommodate the additional third through lane, specifically for the southbound travel lane. However, no specific take of adjoining properties was acknowledged although the existing ROW is only 100 feet. Thus, the Project changes clarify that in order to accommodate a third -through lane, the Project requires to widen the existing street right-of-way (ROW) width of 100 feet to 111 feet, with the street section width from 84 feet to 95 feet, and the partial acquisition of three properties. Although the proposed lane configuration was analyzed in the 1990 FEIS/EIR, necessary partial ROW acquisition to accommodate this configuration was not considered. Proposed ROW acquisition would be required on the west side of Bristol Street, north of the intersection of Bristol Street and Memory Lane. Refer to Sectionl.4.2. Proposed Property Acquisition, for a detailed description and mapping of these new areas of acquisition. These Assessor Parcel Numbers (APNs) include 002-261-06, -29, and -30. Areas of proposed ROW acquisition consists of vacant land, ornamental landscaping, and areas of paved driveway; no modification/demolition of habitable structures would be required as part of these new partial acquisitions to accommodate the Project. The Project would also accommodate a bike lane and relocate the existing perimeter fencing along Bristol Street and may include an extension of the existing storm water pipeline system (located on the eastern side of Bristol Street) through a new lateral connection and new catch basin at the Project site. Additionally, the topics of greenhouse gas (GHG) emissions and tribal cultural resources were not specifically identified in the previously approved 1990 FEIS/EIR as these topics were not a subject matter that required evaluation pursuant to CEQA at that time. As such, this Addendum analyzes the effects of GHG emissions associated with construction and operation of the proposed Project, as well as the Project's potential to affect tribal cultural resources. This Addendum to the previously certified 1990 FEIS/EIR has been prepared because Project -related modifications to the Bristol Street alignment do not trigger the need for further environmental analysis in a Subsequent or Supplemental EIR under the requirements CEQA (refer to CEQA Guidelines Sections 15162 and 15163, respectively). 1.1 PURPOSE OF AN ADDENDUM Under CEQA, when an EIR has been certified for a project, no Subsequent EIR may be required for that project unless the lead agency determines, based upon substantial evidence, that one or more specified circumstances has occurred. Only if one or more of the following circumstances arises is a Subsequent EIR required, pursuant to CEQA Guidelines Section 15162: Draft I November 2017 1-1 Introduction 75A-16 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 1. Substantial changes are proposed in the project which will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity ofpreviously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revision of the previous EIR due to the involvement of new significant environmental increase in the severity ofpreviously identified significant effects; or 3. New information ofsubstantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the projectproponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environ- ment, but the project proponents decline to adopt the mitigation measure or alternative. (CEQA Guidelines Section 15162[a]) A Supplement to an EIR (or Supplemental EIR), which is narrower in scope than a Subsequent EIR, may be prepared if any of the above criteria apply, but "only minor changes or additions would be necessary to make the previous EIR adequately apply to the project in the changed situation" (CEQA Guidelines Section 15163[a][21). In the absence of the need to prepare either a Subsequent or Supplemental EIR, an Addendum may be prepared. More specifically, CEQA Guidelines Section 15164 states: (a) The lead agency or a responsible agency shall prepare all addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation ofa subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision -»taking body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's fundings on file project, or elsewhere in the record. The explanation must be supported by substantial evidence. This Addendum to the previously certified FEIS/EIR for the approved Bristol Street Widening Project has been prepared because the evaluation of the proposed modifications does not result in any of the circumstances requiring a Subsequent or Supplemental EIS/EIR. Although the proposed modifications would result in development that differs from that in the 1990 FEIS/EIR, those modifications do not trigger the need for preparation of a Subsequent or Supplemental EIR under the criteria listed in CEQA Guidelines Sections 15162 and 15163, respectively. Section 220 Environmental Checklist, and Section3.0 Environmental Consequences, of this Addendum demonstrate that no substantial changes would result from the proposed Project modifications nor have the existing conditions in the Draft I November 2017 1-2 Introduction 75A-17 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 Project vicinity substantially changes such that major revisions to the previously certified 1990 FEIS/EIR would be required. The Project would not result in a new significant environmental effect or a substantial increase in the severity of previously identified significant effects. Specifically, the proposed modifications, as compared to the 1990 FEIS/EIP, do not result in new or substantially greater significant impacts because the scale and nature of the proposed modifications are sufficiently similar to that analyzed in the 1990 FEIS/EIR such that the impacts of the proposed modifications are within the levels and types of environmental impacts disclosed in the 1990 FEIS/EIR. In addition, no substantial changes in circumstances under Section 15162(a)(2) have occurred since the certification of the 1990 FEIS/EB2 for the approved Bristol Street Widening Project that would result in new significant impacts or substantially increase the severity of significant impacts previously identified, since the background environmental conditions have not significantly changed since that time. The City of Santa Ana has received no information indicating there has been a substantial change in any circumstances that would result in a new or substantially greater significant impact. Furthermore, no new information, which was not known and could not have been known at the time of the 1990 FEIS/EIR preparation, has been revealed that shows new or substantially greater significant impacts would result (see CEQA Guidelines Section 15162[a][3]). In addition, there are no new or different mitigation measures or alternatives that would substantially reduce one or more significant impacts of the approved Bristol Street Widening Project but that are not adopted. The proposed modifications do not identify or require adoption of any further mitigation measures or alternatives beyond those provided in the certified 1990 FEIS/ED2 for the approved Bristol Street Widening Project, since additional mitigation measures are either not necessary or not feasible, and the alternatives analyzed in the 1990 FEIS/EIR represent a reasonable range as required pursuant to CEQA (see CEQA Guidelines Section 15162[a][3]). This Addendum relies on the certified 1990 FEIS/EIR and the related administrative record, in addition to the additional documentation included to support the Addendum. The Addendum is to be included or attached to the 1990 FEIS/EIR and is not to be considered as an independent or separate document. As this Addendum does not identify new or substantially greater significant impacts, circulation for public review and comment is not necessary pursuant to CEQA Guidelines Section 15164(c). However, the City will provide a 30 -day public notice for Public Hearing, at which time the City Council will consider and adopt or reject this Addendum (refer to CEQA Guidelines Section 15164Ld]). The findings of the City Council in its resolution of adoption of this Addendum, if adopted, will reflect this Addendum, which provides the basis and substantial evidence for the decision not to prepare a Subsequent or Supplemental EIR (refer to CEQA Guidelines Section 15164[e]). 1.2 PROJECT LOCATION The proposed Project includes the intersection of Bristol Street and Memory Lane in the City of Santa Ana (City). The City, located within the County of Orange, is surrounded by the cities of Tustin, Orange, Costa Mesa, Fountain Valley, and Garden Grove. The Project site is located approximately 0.73 mile west of Interstate 5 (I-5) and approximately 0.25 mile south of State Route 22 (SR -22); refer to Exhibitl, Regional Vicinity, and Exhibit2 Site vicinity. The Project area and surrounding vicinity are located within an urbanized area of the City. Existing land uses near the Project site consist of multi- and single-family residential uses, commercial uses, and vacant land. These surrounding land uses are further described as follows: • North: Bristol Street continues north of the Project site. Commercial uses (a small strip -mall with neighborhood serving retail uses are located to the northwest and Floral Park Promenade is located to the northeast). These properties are designated by the General Plan as Low Density Residential (LR -7) and General Commercial (GC), respectively, and both properties are zoned by the Municipal Code as Community Commercial (Cl). Draft I November 2017 1-3 Introduction 75A-18 Vnot to scale INTERNATIONAL 07W/17 JN 161391 MA5 FC Project Site BRISTOL STREET AND MEMORY LANE INTERSECTION IMPROVEMENTS Regional Vicinity Exhibit 1 SAN BERNARDINO / COUNTY LOS ANGELES ' COUNTY Is Brea Habra WPERAL HM Yoder � ® Linda © r , YORBq LINpq SLVD. j J ouena Fullerton Park Anaheim `� Anaheim Hills 8 RIVERSIDE JCypress ® Villa \ Park COUNTY ,GTEW PVE. Orange Los \ ® dAVE. Alamitos Q g J , PORANGE `�,_, ' Gardee Garden Grove ® ° Tustin 8P` v �aM,q COUNTY 1 c m Santa ° ¢ Ana Oi I WING. AVE. Seal Beach WgRNFA AVE. (Q IrvInee\q Huntington Costa Lake ® Fares / Beach Mesa P Project Site0< G°5gppH � I Newport ® 9 Mission \., Beach Viejo 11 Laguna 1� Niguel Laguna Beach _ o , 1— 0 IA ' - 6e San Juan j Capistrano Is s Ia q 0/F - Dana /O Point O C� 'I San I Clemente 1� SAN DIEGO 4N I COUNTY �v Vnot to scale INTERNATIONAL 07W/17 JN 161391 MA5 FC Project Site BRISTOL STREET AND MEMORY LANE INTERSECTION IMPROVEMENTS Regional Vicinity Exhibit 1 i _ O f 'A o 3f1N3Atl 0110OMIS3M pie •- +� -,. r r ut' � r, ;,� r ell N p �\.` a.� �.' , � � -1 r 17 ■ /�' -. T ]131vr➢ilsT.+. ," yi ®' rz w rC �' -fJ1" as a�� '�•1 133HIS '101 ," Tr , 'tb,N b1 ISI'• F �i t IreK r n �G 1 s n. a'h.J , 2 1 y a �l4 F`r'.t" K * ue lel ff1 ti�'1','1 ♦ f ,_ it d dome A ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 • East: Memory Lane continues east of the Project site. Commercial uses (Floral Park Promenade located to the east and northeast and a Shell gasoline service station located to the east and southeast) are present. These properties are all designated GC and zoned Cl. Further southeast of Shell, single-family residential uses (designated LR -7 and zoned Single -Family Residence [Rl]) are present. • South: Bristol Street continues south of the Project site. Commercial uses (the Shell gasoline service station located to the south and southeast and a strip -mall with neighborhood serving retail uses located to the south and southwest) are present. All of these properties are designated GC and zoned Cl. Further southeast of Shell, Casa de Santiago single-family residential uses (designated LR -7 and zoned RI) are present. • West: Memory Lane continues west of the Project site. Vacant land (designated GC and zoned Cl) is situated to the west of the Project site and further west is the Portofino Apartments (designated LR -7 and zoned Specific Development [SD271). Islander Apartments (designated LR -7 and zoned Cl) are situated to the west and northwest of the Project site. As shown on Exhibit3, Ezistinr Land Uses (1990 FEISIEIR), these land uses have not substantially changed since preparation of the 1990 FEIS/EIR. It is acknowledged that the 1990 FEIS/EIR did not include land uses north of Memory Lane in the applicable figures. In order to provide information on land uses north of Memory Lane, Exhibit 3 also identifies these current land uses. These current land uses have not substantially changed since the 1990 FEIS/EE2, as the 1990 FEIS/EIR considered the surrounding land uses to include a mix of commercial and residential development. 1.3 PROJECT BACKGROUND 1.3.1 APPROVED 1990 FINAL EIR/EIS The City of Santa Ana General Plan designates Bristol Street as a Major Arterial Highway traveling in a north -south direction. As a result of significant growth and traffic congestion on Bristol Street, the City of Santa Ana, in the late 1980s, proposed to widen Bristol Street from a four -lane roadway to a six -lane arterial in accordance with adopted County of Orange and City of Santa Ana standards for a Major Arterial Highway. A joint EIS/EIR was prepared and approved by the City of Santa Ana and the California Department of Transportation (Caltrans) for the widening of Bristol Street in 1990. The 1990 Bristol Street Widening Project entailed a 3.9 -mile segment of Bristol Street from Warner Avenue to Memory Lane. The Project site is situated within the northern -most portion of Bristol Street, previously analyzed in the 1990 FEIS/EIR as the segment from Seventeenth Street to Memory Lane. However, due to significant costs associated with construction and availability of funding, the Bristol Street Widening Project was divided into multiple segments and phases, compared to that analyzed in the 1990 FEIS/EIR: • Phase I, from McFadden Avenue to Pine Street; • Phase IL from 3`d Street to Civic Center; • Phase HIA, from Civic Center to Washington Avenue; • Phase 11M, from Washington Avenue to 17'1 Street; and • Phase IV, from Warner Avenue to St. Andrew Place. The Bristol Street Widening segments operate independently; operation of one segment is not dependent on another. It is acknowledged that prior to dividing the Bristol Street Widening Project for funding purposes, construction of some sections was completed and was not included in the phasing described above, including the following: • St. Andrew Place to McFadden Avenue; • Elm Street to Memory Lane; and • Pine Street to 3r1 Street. The segment between 170 Street and Elm Street is not funded; therefore, no phasing has been identified. Draft I November 2017 1-6 Introduction 75A-21 1i3tl15 NIL4 133tl15 HIBI � OF 133tl15 Hlbl iie•+mus ss�x I RM 3 13i ONU s - ron Avm Noiuvw z a33ws Wi3 � totE b� fi :e o Wg 3rvtll cava HiMMW 3NV1 AMOW3W 75A-22 v JN Q Q O H H yZj Z � w C H O w w V W Q r W N m F 7 J 0 V0 N ¢ 2 u < �n V tD w a ¢ I � 3 W ¢ J u w z 9 o z w_ ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 The 1990 FEIS/EIR (SCH No. 87071509) was approved on November 19, 1990. The 1990 FEIS/EIR and associated technical studies, incorporated herein by reference, documented the environmental impacts of widening Bristol Street from Warner Avenue to Memory Lane in the City of Santa Ana. As stated in the 1990 FEIS/EIR, the purpose and goals of the Bristol Street Widening Project were to: 1. Provide sufficient roadway capacity to accommodate current and future traffic demand. 2. Improve the performance and safety of the roadway for the benefit of the motoring public. 3. To reduce current and projected future delays experienced at major intersections and to design intersections to function at acceptable Levels of Service (LOS). 4. To design the roadway in manner conducive to the provision of public transportation, namely bus service provided by the Orange County Transit District (OCTD). 1.4 PROJECT DESCRIPTION 1.4.1 PROPOSED INTERSECTION IMPROVEMENTS The City proposes the widening of Bristol Street, just north of Memory Lane, to accommodate a third southbound through lane at the intersection; refer to Exhibit4, Proposed Lane Geometrics. This additional through lane would result in the relocation of the existing dedicated right -turn lane slightly west. The proposed widening would involve the partial acquisition of three parcels in order to accommodate the new total ROW widths (proposed to expand from 100 feet to 111 feet). The proposed intersection improvements would require relocation of curb/gutter, sidewalk, driveway approaches, and both public and private utilities (including the existing traffic signal). Existing perimeter fencing along Bristol Street would also be relocated and replaced in-kind with a similar aesthetic treatment. Due to the existing building setback requirements, the Project would require approval from the City Manager for landscape strip Exceptions for building setbacks per Municipal Code Section 41-781. The Project proposes a 12 -month construction period (anticipated to be completed by December 2019). At least one lane in each direction of travel would remain open and existing driveway access along Bristol Street and Memory Lane would be retained at all times. The maximum excavation depth would be two feet for roadway excavation, and approximately 10 feet or less for utility footings/excavation. Approximately 30 cubic yards of cut material is anticipated to be exported. Other improvements may include a new stormwater catch basin and a new lateral connection to the existing stormwater pipeline in Bristol Street. 1.4.2 PROPOSED PROPERTY ACQUISITION As listed in Tablet, Pronosed Property Acauisition, a total of three Assessor's Parcel Numbers (APNs) (002-261- 06, -29, and -30) would be partially acquired as a result of the proposed intersection improvements; refer to Exhibit 4. All proposed areas of acquisition include vacant portions of commercial and multi -family residential properties. These vacant areas consist of bare soils, paving/asphalt, or ornamental landscaping. The acquisitions would comply with policies pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as implemented by the City of Santa Ana. Table 1 Proposed Property Acquisition Draft I November 2017 1-8 Introduction 75A-23 Permanent Temporary Construction APN Address Existing Land Use Acquisition Type Acquisition Easement (square feet) (square feet) 002-261-06 2702 N. Bristol Street Vacant Commercial Partial and TCE 1,586 728 002-261-29 1313 W. Memory Lane Ornamental Landscaping and Driveway Partial and TCE 1,265 575 Associated with the Portofino Apartments 002-261-30 2724 N. Bristol Street Ornamental Landscaping and Driveway Partial and TCE 394 457 Associated with the Islander Apartments Notes: TCE=Tem craryConstrucdon Easement Draft I November 2017 1-8 Introduction 75A-23 I �I AME CO II i r ISI z, } ° J � �` r t • �' �`1 � X999}}} I �I AME CO II i r ISI z, } ° J � �` r 75A-24 rJ v a r W ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 1.4.3 CHANGES AS COMPARED TO THE APPROVED PROJECT It should be noted that Project phasing has been revised from the original phases identified in the 1990 FEIS/EIR. As discussed in Section 1.3.1, Approved 1990 Final EIRIEIS, construction phasing of the entire Bristol Street Widening Project has been further subdivided as follows: • SL Andrew Place to McFadden Avenue (Constructed in 2002); • Elm Street to Memory Lane (Constructed in 2003); • Pine Street to 3'd Street (Constructed in 2009); • Phase I: McFadden Avenue to Pine Street (Constructed in 20111); • Phase II: 3`d Street to Civic Center Drive (Constructed in 2014); • Phase IIIA: Civic Center Drive to Washington Avenue; • Phase 1118: Washington Avenue to 170' Street (under construction); • Phase IV: Warner Avenue to St. Andrew Place; and • Phase V: 17'h Street to Elm Street. The proposed intersection improvements (proposed Project addressed herein) differs from the original configuration of the 1990 FEIS/EIR, as follows: As shown on Exhibit4 and Exhibit5, Bristol Street/Memory Lane Intersection Confleuration /1990 FEISIEIR , the original approved 1990 FEIS/EIR proposed the same intersection lane configuration as that proposed. As shown on Exhibit5, the 1990 FEIS/EIR considered a 117 -foot ROW width in order to accommodate the additional third through lane, specifically for the southbound travel lane. However, no specific take of adjoining properties was acknowledged although the existing ROW is only 100 feet. Thus, the Project changes clarify that in order to accommodate a third -through lane, the Project requires to widen the existing street ROW width of 100 feet to 111 feet, with the street section width from 84 feet to 95 feet, and the partial acquisition of three properties. Although the proposed lane configuration was analyzed in the 1990 FEIS/EIR, necessary partial ROW acquisition to accommodate this configuration was not considered. Proposed ROW acquisition would be required on the west side of Bristol Street, north of the intersection of Bristol Street and Memory Lane. As depicted on Exhibit5, these Assessor Parcel Numbers (APNs) include 002-261-06, -29, and -30. Areas of proposed ROW acquisition consist of vacant land, omamental landscaping, and areas of paved driveway; no modification/demolition of habitable structures would be required as part of these new partial acquisitions to accommodate the Project. The Project would also accommodate a bike lane and relocate the existing perimeter fencing along Bristol Street and may include an extension of the existing storm water pipeline system (located on the eastern side of Bristol Street) through a new lateral connection and new catch basin at the Project site. An assessment of construction and Project -related GHG emissions and potential impacts to tribal cultural resources was also not addressed in the 1990 FEIS/EIR, and as a result is addressed in this Addendum. fiPE. }CX0161.61r;itLf3III [a]L, III rIJ1I=1y;III d11:4 Construction activities associated with the proposed Project would occur following acquisition of the required parcels. The Project proposes a 12 -month construction period (anticipated to be completed by December 2019). However, it is acknowledged that the Project could be constructed in multiple phases, depending on funding. ' Phase numbers were assigned to the Bristol Street Widening Project subsequent to cancelation of the CenterLine Light Rail Transit Project and associated reallocation of funding from that canceled project to the Bristol Street Widening Project. Draft I November 2017 1-10 Introduction 75A-25 Source: Willdan Associates ill III Si' tt tr 1f t; w Z7 Vnot to scale INTERNATIONAL 10/17/17 M161391 MAS � 37 fl' I til n t Bristol street FAioi11171 BRISTOL STREET AND MEMORY LANE INTERSECTION IMPROVEMENTS Bristol Street/Memory Lane Intersection Confiouration 75A-26 Exhibit 5 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 1.5 DISCRETIONARY ACTIONS Landscape strip Exceptions for building setbacks must be approved by the City Manager per Municipal Code Section 41-781, and this Addendum must be adopted by the City of Santa Ana City Council as to its adequacy in complying with the requirements of CEQA and the previously approved 1990 FEIS/EIR. The City Council will consider the information contained in the Addendum and the 1990 FEIS/EIR in making a decision to approve or deny the proposed Project. Draft I November 2017 1-12 Introduction 75A-27 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 2.0 ENVIRONMENTAL CHECKLIST 2.1 BACKGROUND 1. Project Title: Bristol Street and Memory Lane Intersection Improvements Project (Project No. 17-6883) 2. Lead Agency Name and Address: City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 3. Contact Person and Phone Number: Kenny Nguyen, P.E. Senior Civil Engineer 714.647.5632 4. Project Location: The intersection of Bristol Street and Memory Lane in the City of Santa Ana. The Project site is located approximately 0.73 mile west of Interstate 5 (1-5) and approximately 0.25 mile south of State Route 22 (SR - 22). 5. Project Sponsor's Name and Address: City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 6. General Plan Designation: General Commercial (GC) and Low Density Residential (LR -7) 7. Zoning: Community Commercial (Cl) and Specific Development (SD27) 8. Description of the Project: The City proposes the widening of Bristol Street, just north of Memory Lane, to accommodate a third southbound through lane at the intersection. This additional through lane would result in the relocation of the existing dedicated right -turn lane slightly west. The proposed widening would involve the partial acquisition of three parcels in order to accommodate the new total ROW widths (proposed to expand from 100 feet to 111 feet). The proposed intersection improvements would require relocation of curb/gutter, sidewalk, driveway approaches, and both public and private utilities (including the existing traffic signal). Due to the existing building setback requirements, the Project would require approval from the City Manager for landscape strip Exceptions for building setbacks per Municipal Code Section 41-781. The original approved 1990 FEIS/EIR proposed the same intersection lanes width and configuration as that proposed. The 1990 FEISIEIR considered a 117 -foot ROW width in order to accommodate the additional third through lane, specifically for the southbound travel lane. However, no specific take of adjoining properties was acknowledged although the existing ROW is only 100 feet. Thus, the Project changes clarify that in order to accommodate a third -through lane and bike lane, the Project requires to widen the existing street ROW width of 100 feet to 111 feet, with the street section width from 84 feet to 95 feet, and the partial acquisition of three properties. 9. Surrounding Land Uses and Setting: Surrounding land uses consist of commercial and multi- and single-family residential uses; refer to Section 1.2. Project Location. 10. Other public agencies whose approval is required (e.g., permits, financing approval or participation agreement). • City of Santa Ana Draft I November 2017 2-1 Environmental Checklist 75A-28 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 This page intentionally left blank. Draft I November 2017 2-2 Environmental Checklist 75A-29 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? State Route 91 is located approximately 10 miles north-east of the Project site.'- The Project would not be visible from SR -91. No impacts would occur in this regard. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. C) Substantially degrade the existing visual character or quality of the site and its surroundings? The proposed Project is located in a highly -urbanized area of the City of Santa Ana. The Project would widen the existing roadway ROW from 100 feet to 11 I feet, resulting in additional property take for the purposes of roadway use. These changes in character would be similar to those analyzed in the 1990 FEIS/EIR. Per the 1990 FEIS/EIR Mitigation Measures G-1 and G-2, the Project would be compatible with the Bristol Street Widening Project landscaping theme and a Xeriscape (climate appropriate landscaping) program would be considered. Existing perimeter fencing along Bristol Street would be relocated and replaced in-kind with a similar aesthetic treatment. These changes in character/quality would be nominal, compared to that previously considered. As such, the proposed Project would not result in substantially greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: G-1 A consistent theme will be developed and implemented for the landscaping within the public right-of- way for Bristol Street as a part of the street widening project. G-2 Consideration will be given to the implementation of a Xeriscape landscaping program. Such a program would involve the use of low -maintenance, drought -tolerant plant materials, thereby reducing long-term costs for maintenance and water consumption. Mitigation Measures: No additional mitigation measures are required. d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Light and glare are currently generated from various sources within the Project area (e.g., commercial and retail businesses, signage, street lighting, and parking lot lighting). The proposed Project does not involve the construction of any habitable structures. Relocation of the street lighting fixtures would occur. Therefore, no new sources of light or glare would result with implementation of the proposed Project. The proposed Project would not generate additional daytime or nighttime illumination beyond that currently experienced within the area. The relocation of the traffic signal pole would be required to meet the Citywide Design Guidelines and the 1990 FEIS/EIR Mitigation Measure J-1 pertaining to cut-off shielding techniques. With compliance with the 1990 FEIS/EIR mitigation, the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: J-1 Consideration will be given to the selection of new street fixtures which have cut-off shields to minimize light and glare nuisances for residential properties adjoining Bristol Street. Mitigation Measures: No additional mitigation measures are required. Califomia Department of Transportation, California Scenic Highway Mapping System, http://www.dot.ca.gov/ hq/LandArch/16_livability/scenic_highways/index.htm, accessed August 30, 2017. Draft I November 2017 3-2 Environmental Consequences 75A-30 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 3.0 ENVIRONMENTAL CONSEQUENCES This section describes the effects of the proposed Project as compared to those identified in the previously approved 1990 FEIS/EIR document, and to existing conditions and any changes in regulatory setting since the previously approved 1990 FEIS/EIR. Furthermore, this section analyzes the potential environmental impacts associated with the proposed Project. The issue areas evaluated in this document include the following, pursuant to Appendix G of the CEQA Guidelines, and have been modified to evaluate the proposed Project changes for which an FEIS/EIR has been previously approved (in 1990) to assist in the determination of the need for a supplemental EIS/EIR or an Addendum. The modified Initial Study checklist, comparing the effects of the Project modifications as compared to those analyzed in the 1990 FEIS/EIR, is found in AppendixA, Modified Initial Study Checklist. • Aesthetics • Mineral Resources • Agricultural and Forestry Resources • Noise • Air Quality • Population and Housing • Biological Resources • Public Services • Cultural Resources • Recreation • Geology and Soils • Transportation/Traffic • Greenhouse Gas Emissions • Tribal Cultural Resources • Hazards and Hazardous Materials • Utilities/Service Systems • Hydrology/Water Quality Mandatory Findings of Significance • Land Use A summary of impacts of the previously approved Bristol Street Widening Project and the mitigation measures imposed is provided along with an analysis of the potential impacts resulting from the proposed Project and whether those impacts substantially exceeds those discussed in the previously approved 1990 FEIS/EIR. 3.1 AESTHETICS This section corresponds with the following 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, subsections: • Subsection A, Landform Modification; • Subsection G, Urban Landscaping; • Subsection J, Light and Glare; and • Subsection K, Aesthetic Considerations. Would the project: a) Have a substantial adverse effect on a scenic vista? The proposed Project would not result in any significant modifications or changes from the previously approved 1990 FEIS/EIR. The Project is located within a highly developed urban area of the City of Santa Ana. Existing land use near the Project site consists of multi- and single-family residential uses, commercial uses, and vacant land. No scenic vistas are located within the Project area. No impact to scenic vistas would result from the proposed Project. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. Draft I November 2017 3-1 Environmental Consequences 75A-31 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 3.2 AGRICULTURAL AND FORESTRY RESOURCES The previously approved 1990 FEIS/EIR did not include evaluation for agricultural resources, as no agricultural resources are located within the area of analysis. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies unay refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept of Conservation as an optional model to use in assessing impacts our agriculture and farmland In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project, and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? The Farmland Mapping and Monitoring Program classifies the Project site as Urban and Built-up land3. No Prime, Unique, or Farland of Statewide Importance is located in the vicinity of the Project site. No impacts would result from the proposed Project. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. b) Conflict with existing zoningfor agricultural use, or a Williamson Act contract? The Project site is located within a highly -urbanized area in the City of Santa Ana. Lands within the Project area are designated General Commercial and Low Density Residential as identified in the City of Santa Ana's General Plan. The zoning designation of properties within the Project area are Community Commercial and Specific Development (SD27). No agricultural uses exist on site or in the vicinity, and the Project would not conflict with a Williamson Act contract as none exist in the Project area. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. C) Conflict with existing zoning for, or cause rezoning, of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? The Project site is located within a highly -urbanized area in the City of Santa Ana. The zoning designation of properties within the Project area are Community Commercial and Specific Development (SD27). No forest land or timberland production exist on site or in the vicinity, and the Project would not conflict zoning pertaining to these resources. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable Mitigation Measures: No additional mitigation measures are required. ' California Department of Conservation, Orange County Important Farmland 2014, ftp://ftp.consrv.ca.gov/pub/dlrp/ FMMP/pdf/2014/ora 14.pdf, accessed August 17, 2017. Draft I November 2017 3-3 Environmental Consequences 75A-32 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 d) Result in the loss offorest land or conversion offorest land to non forest use? Refer to Response 3.2(c). Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. e) involve other changes in the existing environment which, dire to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion offorest land to ear forest use? Refer to Responses 3.2 (a) through 3.2(c). Implementation of the proposed Project would not result in greater impacts than previously analyzed, in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. 3.3 AIR QUALITY This section corresponds with 1990 FEIS/EIR Section IV, Environmental Consequences and Mitigation Measures, Subsection H, Air Quality, and Subsection V, Construction Impacts of the previously approved. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to crake the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air qualityplan? The proposed Project is consistent with the applicable plans, ordinances and policies establishing measures of effectiveness for the performance of the circulation system as described in the 1990 FEIS/EIR. According to the 1990 FEIS/EIR, the widening of Bristol Street was designated in the Orange County Master Plan, and was recommended in the Bristol Street Corridor Study — Final Report, prepared by Mohle, Grover & Associates, dated 1983.4 It was also recommended in the Arterial Highway Element— Santa Ana Element — Santa Ana Transportation Corridor State II Alternative Analysis, prepared by Parsons, Brinckerhoff, Quade and Douglas, Inc., dated 1983. The proposed widening is also consistent with the recommendation found in the Intercity Liaison Committee — Five - Year Transportation Study Update to 1990, prepared by Basmaciyan-Darnell, Inc., dated 1985.' Furthermore, the proposed Project would improve traffic operations through the Project condor. Impacts would be similar to those identified in the 1990 FEIS/EIR. The Bristol Street Widening Project is included in SCAG's 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS): A Plan for Mobility, Accessibility, Sustainability and a High Quality of Life (2016 RTP) (RTP ID ORA125).6 The Project is also currently listed in SCAG's financially constrained 2017 Federal Transportation Improvement Program (2017 FTIP) for fiscal year 2016/2017 — 2021/2022. The Project entry in the 2017 FTIP identifies the following scope of work: BRISTOL ST (MEMORY LANE TO 17TH STREET AND 3RD STREET TO ST. ANDREWS PLACE) WIDEN FROM 4 TO 6 LANES; split project ORA150003, ORA150004, ORA150005, ORA150006.7 4 POWER Engineers, Bristol Street Widening PhaselllA—Civic Center Drive to iVashington Avenue Environmental Impact Report Addendum, January 20, 2015. 5 Ibid. 6 Southern California Association of Governments, 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), Transportation System Project List, 2016. 1 Southern California Association of Governments, Final 2017 Federal Transportation Improvement Program, 2016. Draft I November 2017 3-4 Environmental Consequences 75A-33 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 The Project's design concept and scope have not changed significantly from what was analyzed in the RTIP and FTIP. This analysis found that the plan and, therefore the individual projects contained in the plan, are conforming projects and would have air quality impacts consistent with those identified in the SIPS for achieving the NAAQS. The FHWA determined the RTIP to conform to the SIP. The proposed widening of Bristol Street, from Memory Lane to 17" Street has been included in the FTIP since 1992. The FTI' gives priority to eligible Transportation Control Measures (TCMs) identified in the SIP and provides sufficient funds to provide for their implementation. The FHWA determined the FTIP to conform to the SIP on December 16, 2016. No significant impacts would occur. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Furthermore, the South Coast Air Basin (SCAB) is designated by the state and US Environmental Protection Agency (EPA) as nonattainment for ozone (Os), and particulate matter 2.5 microns in diameter or less (PM2.5) and attainment/maintenance for carbon monoxide (CO) and particulate matter 10 microns in diameter or less PMui. The South Coast Air Quality Management District (SCAQMD) developed regional emissions thresholds to determine whether or not a project would contribute to air pollutant violations. If a project exceeds the regional air pollutant thresholds, then the project would substantially contribute to air quality violations in the SCAB. In addition, a project would also contribute to air pollutant violations if localized emissions result in an exceedance of the ambient air quality standards (AAQS). The proposed Project would be consistent with the Major Arterial designation of the City of Santa Ana General Plan Circulation Element and the County of Orange's Master Plan of Arterial Highways. Additionally, the Project would improve traffic flow, maintain vehicle capacity, reduce idling and result in a reduction in air pollutant emissions as was previously analyzed in the 1990 FEIS/EIR. Thus, no new or substantial increase of impacts have been identified and no new mitigation measures are required. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable Mitigation Measures: No additional new mitigation measures are required. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? All proposed areas of acquisition include vacant portions of commercial and multi -family residential properties. These vacant areas consist of dirt, paving/asphalt or ornamental landscaping. The Project proposes to change the existing street section from a total ROW width of 100 feet to 111 feet, which is a nominal increase over what was previously analyzed in the 1990 FEIS/EIR. No structure modification/demolition would be required as part of these new partial acquisitions to accommodate the Project. As determined in the 1990 FEIS/EIt, short-term construction emissions from the Project would be below the SCAQMD's significance thresholds for all criteria pollutants, including PM10 and PM2.5, even in the absence of specific dust reduction measures. Construction phasing for the proposed Project would be similar to the construction activities and phasing described in the 1990 FEIS/EIR for the Project. Therefore, the construction emissions would be similar to those in the 1990 FEIS/EIR. It has been determined that construction emissions would not violate any air quality standard or contribute substantially to an existing or projected air quality violation. Thus, impacts are considered less than significant. Because emissions were found to be below the SCAQMD's significance thresholds, Project related construction emissions are not considered by the SCAQMD to result in a significant air quality impact. In addition, mitigation measures included in the 1990 FEIS/EIR would further reduce construction -related air quality impacts. The proposed Project would improve traffic flow and reduce idling, as the Project would add one additional through lane and this configuration was analyzed in the 1990 FEIS/EIR. The modifications to the 1990 FEIS/EI2 would add more ROW to the existing right -turn lane and serve to increase traffic flow through the intersection, but would not increase the overall road capacity, previously considered lane configuration, or air quality impacts disclosed in the 1990 FEIS/EIR. The proposed Project would result in the same operational air emissions as that considered in the 1990 FEIS/EIR, which were below SCAQMD thresholds. Thus, no new or substantial increase of impacts have been identified and no new mitigation measures are required. Draft I November 2017 3-5 Environmental Consequences 75A-34 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 Certified 1990 FEIS/EIR Mitigation Measures: H-1 SCAQMD Rule 403 will be adhered to, insuring the clean-up of construction -related dirt on approach routes to the site. H-2 Adequate watering techniques will be employed to partially mitigate the impact of construction - generated dust particulates. H-3 Construction equipment will be properly maintained and serviced to minimize exhaust emissions. H-5 The use of energy efficient lighting along Bristol Street (low pressure sodium vapor lights) will be considered to reduce emissions at the power plant serving the area. H-6 Traffic signals along Bristol Street will continue to be synchronized (AQMP control measures K2). H-7 Construction activities will be halted during Stage One and Stage Two smog alerts. Mitigation Measures: No additional new mitigation measures are required. C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (Including releasing emissions which exceed quantitative thresholds for ozone precursors)? The SCAB is designated by the EPA and the State as being nonattainment for 03, PMro, and PM2.5. In accordance with SCAQMD methodology, any project that does not exceed or can be mitigated to less than the daily threshold values does not add significantly to a cumulative impact. As mentioned above, the development of the proposed Project demonstrates that construction and operational activities would not result in emissions in excess of SCAQMD's threshold values. Since the proposed Project would not exceed the SCAQMD's significance thresholds for construction activities or the operations phase, the SCAQMD does not consider emissions from the Project's emissions to add significantly to any cumulative impact. Furthermore, it should be noted that the proposed Project would improve traffic flow, reduce idling, and encompass the same amount of road capacity for with the existing lane configuration. As such, the Project would continue to result in a beneficial impact. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: Refer to 1990 FEIS/EIR Mitigation Measures H-1 through H-3 and H-5 through H-7. Mitigation Measures: No additional new mitigation measures are required. d) Expose sensitive receptors to substantial pollutant concentrations? A project could have the potential to expose sensitive receptors to elevated pollutant concentrations if it would cause or contribute substantially to elevated pollutant concentration levels or place the project in an area with elevated pollutant concentrations. An evaluation of air pollutant emissions as it affects local sensitive receptors has been conducted for both the construction and operations phases of the Project. As per the 1990 FEIS/EIR, it was determined that sensitive receptors in the vicinity appeared to experience carbon monoxide levels that exceeded state and federal standards. Additionally, it was found that under future conditions with the Bristol Street Widening Project, sensitive land uses adjacent to the intersections analyzed reduced carbon monoxide levels to less than significant once the sensitive receptors were setback far enough from the intersections. It was also noted that the carbon monoxide concentrations were only analyzed during "worst case" conditions and did not reflect concentrations which were more likely to occur which would be less than significant compared to what was observed. The Project configuration, which was also analyzed as part of the 1990 FEIS/EIR, would serve to increase traffic flow through the intersection, but would not increase the overall road capacity compared to the 1990 FEIS/EIR, and would not result in an increase in the pollutant concentrations near sensitive receptors, as previously analyzed the 1990 FEIS/EIR. In addition, as determined in the 1990 FEIS/EIR, the proposed modifications would increase traffic flow and reduce traffic idling, which would decrease vehicle emissions. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Draft I November 2017 3.6 Environmental Consequences 75A-35 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 Certified 1990 FEIS/EIR Mitigation Measures: Refer to 1990 FEIS/EIR Mitigation Measures H-1 through H-3 and H-5 through H-7. Mitigation Measures: No additional new mitigation measures are required. e) Create objectionable odors affecting a substantial number ofpeople? Construction activities associated with the proposed Project may generate detectable odors from heavy-duty construction equipment and exhaust. Odors associated with diesel and gasoline fumes are transitory in nature and would not create objectionable odors affecting a substantial number of people. The impacts from these odors would be short-term, would cease upon Project completion, and are not anticipated to be significant. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable Mitigation Measures: No additional new mitigation measures are required 3.4 BIOLOGICAL RESOURCES This section corresponds with the 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, Subsection E, Streambed Modification. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plaits, policies, or regulations, or by the California Deparhnent of Fish and Game or U.S. Fish and Wildlife Service? The Project site is located within a highly -urbanized area within the City of Santa Ana. No sensitive natural habitat or special -status species exist on or in the vicinity of the proposed Project. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. b) Have a substantial adverse effect on any riparian habitat or otter sensitive natural community identified in local or regional plats, policies, regulations or by the California Department of Fish and Gante or US Fish and Wildlife Service? Refer to Response 3.4(a). No riparian habitat or other sensitive natural communities are identified in the Project vicinity. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. C) Have a substantial adverse effect oil federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, felling, hydrological interruption, or other means? Refer to Response 3.4(a). No federally protected wetlands are identified in the Project area or vicinity. The proposed Project is located within a highly -urbanized area of the City of Santa Ana. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Draft I November 2017 3-7 Environmental Consequences 75A-36 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable Mitigation Measures: No additional mitigation measures are required. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? As the proposed Project is located within a highly -urbanized area of the City of Santa Ana, the Project would not interfere with the movement of any native resident or migratory fish or wildlife species, corridors, or impede the use of native wildlife nursery sites, as none are located within the Project area. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No new additional mitigation measures are required. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation: policy or ordinance? The proposed Project may result in the removal of existing landscaping, including trees. As such, removal or planting of trees is required to comply with the City of Santa Ana Municipal Code, Chapter 33, Article VII, Regulation of the. Planting, Maintenance, and Removal of Trees. With compliance with the City's Municipal Code, the proposed Project would not conflict with the City's tree ordinance. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No new additional mitigation measures are required. j) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The Project site is not located within a habitat conservation plan. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable Mitigation Measures: No additional mitigation measures are required. 3.5 CULTURAL RESOURCES This section corresponds with the 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, Subsection T, Cultural Resources. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §75064.5? No structure modification would result with implementation of the Project. Furthermore, the proposed Project would only require limited depths of excavations (maximum depth of 10 feet). Although the majority of excavation is anticipated to occur in non-native fill materials, should unknown potential historical resources be uncovered, implementation of mitigation measure T-1 in the previously approved 1990 FEIS/EIR would reduce impacts to less than significant levels. Therefore, implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Draft I November 2017 3-8 Environmental Consequences 75A-37 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 Certified 1990 FEIS/EIR Mitigation Measures: T-1 If potential archaeological resources are encountered during grading, all work will be halted in that particular location until a qualified archaeologist can evaluate the significance of the recovered materials. Mitigation Measures: No additional mitigation measures are required. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Due to the limited area of disturbance, within an existing developed and urban area, and limited depth of proposed excavations, the potential to uncover archaeological resources is considered low. The proposed Project would not result in archaeological impacts greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: Refer to 1990 FEIS/EIR Mitigation Measures T-1. Mitigation Measures: No additional mitigation measures are required. C) Directly or indirectly destroy a unique paleoutological resource or site or unique geologic feature? As documented in Chapter VI, Resources Element, of the County of Orange General Plan, the Project site is not located in an area of paleontological sensitivity. Soils occurring in the Project area are San Emigdio a Typically, these deposits are less than 10,000 years old, and not likely to contain important fossils? No greater impacts to paleontological resources than previously analyzed in the 1990 FEIS/EIR would result from Project implementation. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. d) Disturb any human remains, including those interred outside of dedicated cemeteries? The Project site is located within a highly -urbanized area within the City of Santa Ana. Cathedral Memorial Gardens is located approximately 2 miles north-west of the Project site. In the event that human remains are uncovered during grading or excavation, contractors are required to comply with the procedures and requirements set forth in the California Health and Safety Code Section 7050.5 and CPRC Section 2098.98. The County Coroner and, in the event that the remains are Native American, the Native American Heritage Commission would be notified and, in turn, would notify those persons believed to be most likely descended from the deceased for appropriate disposition of the remains. The proposed Project would not result in an impact to human remains greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. 3.6 GEOLOGY AND SOILS This section corresponds with the following 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, subsections: • Subsection A, Landform Modification; • Subsection B, Seismic Hazards; 9 United States Department of Agriculture, Web Soil Survey, https://websoilsurvey.se.egov.usda.gov/AppfwebSoil Survey.aspx, accessed August 2, 2017. 9 Ibid. Draft I November 2017 3-9 Environmental Consequences 75A-38 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 • Subsection C, Erosion Impacts; and • Subsection F, Water Quality. Would theproject. a) Expose people or structures to potential substantial adverse effects, including the risk of loss injury, or death involving. i) Rupture of a known earthquake fault, as delineated on the nmst recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. The City of Santa Ana is not included in the Alquist-Priolo Earthquake Fault Zoning Map10. The Project site is not underlain by an active fault. The closest faults are the EI Modeno Fault, approximately eight miles to the northeast and the Newport -Inglewood Fault approximately 15 miles to the southwest. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. ii) Strong seismic ground shaking? The El Modeno fault is the closest fault to the Project site and is the most likely source of ground shaking impacts". The Project proposes intersection improvements and would not expose people or structures to adverse ground shaking impact. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/BIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. iii) Seisrnic-related ground failure, including liquefaction? According to the City's General Plan, the Project site is identified as having high -medium liquefaction potential. However, the Project does not propose any new habitable structures. Implementation of 1990 FEIS/EIR Mitigation Measure B-2, to replace surface level structures with structures that have extensive subsurface footings (such as traffic signals) that reach stable material would reduce any structural impacts from ground failure to less than significant. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: B-2 Consideration will be given to installing and replacing surface level structures such as street lights, traffic signals and utility poles, with structures that have extensive subsurface footings that reach stable material. Mitigation Measures: No additional mitigation measures are required. iv) Landslides? The proposed Project site is generally flat and does not contain any significant slopes. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. 10 City of Santa Ana, City of Sana Ana General Plan, adopted September 1982, as amended. California Geological Survey, Fault Activity Map of California, http://maps.conservation.ca.gov/cgs/fam/ App/index.html, accessed August 3, 2017. Draft I November 2017 3-10 Environmental Consequences 75A-39 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable Mitigation Measures: No additional mitigation measures are required. b) Result in substantial soil erosion or the loss of topsoil? Exposure of barren rock and soil surfaces during construction would result in soil erosion. However, considering the slight gradient, the anticipated erosion impact would be nominal. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: C-2 Straw or other suitable materials will be placed over uncovered soils, as needed, during street construction activities. This would reduce the amount of erosion. Mitigation Measures: No additional mitigation measures are required. C) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in air or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? The 1990 FEIS/EIR indicated that there are no instances of undisturbed, natural soils. The Project site located in an area identified as having high to medium subsidence for liquefaction. However, the Project area is fully developed with urban uses within the City of Santa Ana and the proposed Project would be constructed in accordance with the standards of the Uniform Building Code (UBC). Implementation of 1990 FEIS/EIR mitigation measure B-2, to replace surface level structures with structures that have extensive subsurface footings that reach stable material would reduce any structural impacts from ground failure to less than significant. The proposed Project would not create greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: Refer to 1990 FEIS/EIR Mitigation Measure B-2. Mitigation Measures: No additional mitigation measures are required. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? The proposed Project would not include construction of any habitable structures nor would the Project increase the number of persons at the Project site. Thus, the proposed Project would not create substantial risks to life or property and the proposed Project would not create greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: Refer to 1990 FEIS/EIR Mitigation Measure B-2. Mitigation Measures: No additional mitigation measures are required. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The proposed Project would not generate any sewage or wastewater and would not require installation of any septic tanks or alternative wastewater systems. No impacts are anticipated in this regard and the proposed Project would not create greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. Draft I November 2017 3-11 Environmental Consequences 75A-40 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 3.7 GREENHOUSE GAS EMISSIONS The previously approved 1990 FEIS/EIR did not include evaluation for Greenhouse Gas (GHG) emissions, as such an analysis was not required in the CEQA guidelines at the time the 1990 FEIS/EIR was prepared. On September 6, 1990, the City of Santa Ana Public Works Agency certified the 1990 FEIS/EIR that analyzed the potential impacts associated with the Bristol Street Widening Project, which focused on improvements that would result in proposed widening of Bristol Street, from Warner Avenue to Memory Lane, in the City of Santa Ana. Although this previous environmental document did not include a GHG analysis, a supplemental environmental analysis of GHG impacts cannot be required absent new information on that front. (Citizens for Responsible Equitable Environmental Development [CREED] v. City of San Diego, [2011] 196 Cal.AppAth 515, 531.) Information on the effect of greenhouse gas emissions on climate was known long before the City approved the 1990 FEIS/EIR. (Id.) Thus, the effect of greenhouse gas emissions on climate could have been raised in 1990 when the City considered the FEIS/EIR. A challenge to a FEIS/EIR must be brought within 30 days of the lead agency's notice of approval. (Pub. Resources Code, § 21167[b].) Under Public Resources Code section 21166(c), an agency may not require a supplemental environmental review unless new information, which was not known and could not have been known at the time the FEIS/EIR was approved, becomes available. After a project has been subjected to environmental review, the statutory presumption flips in favor of the project proponent and against further review. (Moss v. County of Humboldt [2008] 162 CaLApp.4th 1041, 1049-1050.) "'[S]ection 21166 comes into play precisely because in-depth review has already occurred [and] the time for challenging the sufficiency of the original EIR has long since expired."' (Id., 1050.) There is no competent evidence of new information of severe impact, and thus the City may rely on an addendum. Accordingly, the City finds that GHG impacts and climate change are not "new information" under Public Resources Code Section 21166. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? GHG were not evaluated in the 1990 FEIS/EIR. Construction activities would consume fuel and result in the generation of GHG emissions. Construction of the Project is anticipated to occur over a one-year period. Construction -related GHG emissions would cease upon completion of the Project. Due to the length of construction activities, GHG emissions associated with construction activities are anticipated to be minimal. Because construction emissions are not substantial and would cease after completion of construction, GHG emissions would not be significant. Furthermore, the Project proposes acquiring additional ROW from what was originally analyzed in the 1990 FEIS/EIR. The additional ROW would not change the roadway capacity or over all lane configuration from what was analyzed in the 1990 FEIS/EIR. As the Project involves roadway improvements and not a trip generating land use, only carbon dioxide (CO2) emissions from mobile -sources are applicable. Similar to the other criteria pollutants, the highest emissions would occur between 0 to 10 miles per hour (mph) and 50 mph and above. The proposed Project would improve traffic flow and reduce idling. Because the Project would improve traffic flow within the Project area, the Project would result in reduced CO2 emissions. Modifications involving additional ROW would not result in a change to the road capacity, lane configuration, and impacts that were identified in the 1990 FEIS/EIR. GHG emissions would be nominal in relation to the global scale of GHG emissions, and there is no evidence that mitigation is necessary for the Project modifications to further demonstrate compliance with the GHG reduction targets of Assembly Bill 32 and Senate Bill 32. Consequently, GHG emissions associated with the Project would be less than significant. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable Mitigation Measures: No mitigation measures are required. Draft 1 November 2017 3-12 Environmental Consequences 75A-41 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? In December 2015, the City of Santa Ana adopted the Climate Action Plan (CAP) as a commitment to improving quality of life by reducing carbon pollution and energy use, both from its own operations and from the community as a whole. To develop this CAP, an inventory was conducted to determine baseline GHG emissions from the community and from municipal operations for calendar year 2008. A forecast was made of business -as -usual emissions in the absence of any emissions reduction actions. This forecast was then adjusted to account for the emissions reduction expected from statewide policies and from actions that have already been taken by the City since the baseline inventory. Based on community input, suggestions from City staff, analysis of other communities' climate action plans, and consultant recommendations, a list of measures to reduce emissions was developed. Reaching the emissions reduction goals will require residents, businesses, and City government to work together. The result will be reduced traffic congestion, improved air quality, lower energy use and cost, and improved quality of life for the entire community. The following measures from the CAP are applicable to the proposed Project: • Traffic Signal Synchronization Program: Corridors with synchronized and coordinated traffic signals tend to have shorter travel times, less delay, and reduced congestion. These factors combine reduced fuel usage and emissions. Improvements of intersection operations would help achieve City reduction goals by reducing idling emissions, decreasing congestion and improving traffic flow. • Design Guidelines for Internal Pedestrian Connectivity: Internal pedestrian connections such as a sidewalk within a site are an important factor in facilitating non -automotive travel. The level of connectivity relates to the ability to travel within the site to other locations without having to use vehicles or an external roadway network which decrease emissions. As noted above, the Project would widen the Bristol Street ROW to accommodate a planned roadway/intersection improvement. The Project would improve traffic flow, reduce idling emissions, thereby reducing GHG emissions. The proposed Project would not conflict with the CAP because it would not increase GHG emissions. The Project would also implement the appliance CAP measures noted above and would further decrease emissions through traffic signal synchronization and the design of an internal pedestrian sidewalk. The Project modifications would not conflict with CAP reduction targets. Additionally, the proposed Project would not conflict with applicable plans, policy, or regulations adopted for the purpose of reducing the emissions of GHG. The proposed Project would result in improved traffic flow, reduced vehicle idling times, and congestion. Implementation of the proposed Project would not result in new impacts pertaining to GHG emissions. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No mitigation measures are required. 3.8 HAZARDS AND HAZARDOUS MATERIALS This section corresponds with the 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, Subsection V, Construction Impacts, and Subsection X, Hazardous Materials. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? The proposed intersection improvements would require relocation of curb/gutter, sidewalk, driveway approaches, and both public and private utilities (including the existing traffic signal). Any removal of roadway pavement striping will be required to be surveyed for lead-based paint prior to removal, in compliance with the applicable local, state, and federal regulations administered through the California Division of Occupational Safety and Health. Draft I November 2017 3-13 Environmental Consequences 75A-42 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 No other routine transport, use, or disposal of hazardous materials is anticipated as a result of the proposed Project. Thus, compliance with existing regulations would ensure that impacts are not greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? As listed in Tablel. Proposed Propertv Acquisition, a total of three Assessor's Parcel Numbers (APNs) (002-261- 06, -29, and -30) would be partially acquired as a result of the proposed intersection improvements; refer to Exhibit 5 Proposed Riehl -of -Way Acquisition. All proposed areas of acquisition include vacant portions of commercial and multi -family residential properties. These vacant areas consist of bare soils, paving/asphalt, or ornamental landscaping. Based on information maintained by the State Water Resources Control Board (SWRCB), APN 002- 261-06 (currently a vacant disturbed property located at 2702 N. Bristol Street) was historically Chevron Service Station #9-8787.[2 On January 28, 1999, three 10,000 -gallon gasoline underground storage tanks (USTs) and one 1,000 -gallon used oil UST were removed from the property. According to the SWRCB, a release from the USTs, clarifier, sump, and degreaser were reported during tank removal. Site characterization of potential contaminates was completed and, based on groundwater monitoring, determined that only the soil was affected above regulatory thresholds. Contaminated soils were excavated. Based on a case closure letter issued by the Santa Ana Regional Water Quality Control Board (RWQCB), dated October 22, 2001, completion of the site investigation, remedial action, and groundwater monitoring was completed. 13 No further action related to the reported release is required based on the current land use. According to the 1990 FEIS/EIR, ROW impacts to businesses that may generate hazardous waste or sites that contain underground storage tanks will occur with implementation of the preferred alternative. The 1990 FEIS/EIR acknowledged that it is likely that implementation of the preferred alternative would require the removal of USTs or aboveground storage tanks, or modifications to sites that have historically been handling, processing, or storing hazardous materials. Such activities have the potential to release hazardous wastes into the air or into the ground, but standard construction practices, which would involve careful coordination of design plans or prior notification of construction activity, are expected to minimize these risks and to minimize any disruptions. Thus, compliance with existing regulations and the 1990 FEIS/EIR mitigation measures would ensure that impacts are not greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: X-1 The City of Santa Ana's Public Works Director will coordinate closely with all agencies and companies which maintain underground or at -grade utility or energy facilities within the areas to be disturbed by project construction activities. Preliminary and final design plans will be made available to such agencies for review and comment. At least 48 hours prior to commencement of any excavation activities, the City will contact the Underground Service Alert to notify the affected utility/energy purveyors who can place their personnel at the excavation site to assist in the location of underground facilities during the exploratory digging immediately preceding excavation. In this manner, the risk of line rupture to natural gas, petroleum, and sewer facilities, which might release hazardous substances and odors in to the air, can be minimized. X-2 Should any unidentified substances, odors, leaking underground tanks, or other mysterious and potentially hazardous materials be encountered during project construction, work in that area will be halted and the Santa Ana Fire Department's Hazardous Materials. Team will be contacted to evaluate the materials and to define appropriate remedial measures. 12 State Water Resources Control Board, Geo Tracker, http://geotracker.waterboards.ca.gov/, accessed July 24, 2017. 11 Ibid. Draft November 2017 3-14 Environmental Consequences 75A-43 ENVIRONMENTAL IMPACT REPORT ADDENDUM I Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 a X-3 The removal of underground storage tanks will be in accordance with all applicable regulations. For any service stations that will be partially acquired or displaced, the City will request that the owners remove the underground gasoline tanks prior to property acquisition. If the owners do not remove the underground tanks, the City will include the following statement in the right-of-way agreement: "It is understood the property being acquired in this transaction may contain hazardous waste which must be removed or otherwise treated under state or federal Law to protect the public health. If hazardous waste is found to exist on the property, the State may exercise its right to bring an action, if necessary, to recover clean-up costs from the grantors or any others who are ultimately determined to have responsibility for the hazardous waste condition of the property." Mitigation Measures: No additional mitigation measures are required. C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? The schools closest to the Project site are Santiago Elementary School (located approximately 0.46 mile south at 2212 N. Baker Street, Santa Ana) and Riverdale Elementary School (located approximately 0.60 mile west at 13222 Lewis Street, Garden Grove). Thus, no schools are located within one-quarter mile of the Project site and impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The Project site includes a former service station where gasoline was reported to have contaminated the soil; the site completed site remediation through appropriate state and local agency standards as required. To that end, the RWQCB issued a case closure letter dated October 22, 2001 stating that no further action was required for the site. As discussed in Response 3.8(b), compliance with existing regulations and mitigation measures from the 1990 FEIS/EIR would ensure that impacts are not greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: Refer to 1990 FEIS/EU3 Mitigation Measures X-1 through X-3. Mitigation Measures: No additional mitigation measures are required. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The Project site is not within an airport land use plan. The closest airport to the site is John Wayne — Orange County Airport, located approximately 5.9 miles southeast of the Project site. The proposed Project would not introduce any new risks or increase risks associated with the Project. Impacts in this regard would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. Draft I November 2017 3-15 Environmental Consequences 75A-44 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? The Project site is not within the vicinity of a private airstrip and would not create any safety hazard. The proposed Project would not create additional significant impact. Impacts in this regard would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? During construction, the disruption of traffic and access along Bristol Street and Memory lane would temporarily affect the mobility of emergency vehicles. However, provisions would be made for interim access through the Project corridor and to adjoining properties; traffic control plans would be prepared detailing provisions for vehicular movement and access through the Project corridor during construction. Advance warning and information signs would be used to inform motorists during the construction process. It is expected that two-way travel would be maintained along Bristol Street during construction. Although the proposed Project may interfere with an emergency evacuation plan, it would be short term during construction and mobility would improve once the Project is completed. Compliance with mitigation measures from the 1990 FEIS/EIR would ensure that impacts are not greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: V-10 Traffic control plans will be prepared prior to each phase of construction. All traffic warning and control devices should comply to the provisions of the State of California Manual of Traffic Controls. V-12 The police and fire departments will be notified of construction at least one (1) month in advance, as to the particulars of the project (i.e., project time schedule, and areas to be disrupted, etc.). This action would give the police and fire departments sufficient time to notify its personnel of any significant impediments to traffic. V-13 The City will notify the police department at least 48 hours in advance of any turning changes. A minimum three (3) signs are required for each indicated change and/or prevention of movement. V-16 If feasible, construction activities and lane closures will occur primarily during non -peak driving periods. Mitigation Measures: No additional mitigation measures are required. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed Project is located in a highly -urbanized area of the City of Santa Ana. There are no wildlands in the Project vicinity and no new significant impacts would result with Project implementation. Impacts in this regard would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. Draft I November 2017 3.16 Environmental Consequences 75A-45 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Proiect No. 17-6883 3.9 HYDROLOGY AND WATER QUALITY This section corresponds with the following 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, subsections: • Subsection C, Erosion Impacts; • Subsection D, Floodplain/Floodivay Encroachment; and • Subsection F, Water Quality. Would theprojeetr a) Violate any water quality standards or waste discharge requirements? Under Section 402 of the Clean Water Act (CWA), the EPA has established regulations under the NPDES program to control direct storm water discharges. Should 1.0 acre or more of site disturbance occur, those activities would be subject to the NPDES program for the Santa Ana Regional Water Quality Control Board. The proposed Project would only impact approximately 0.39 acres, which is less than the 1.0 -acre threshold. Thus, the Project would not be subject to NPDES requirements, as potential waste discharge would be nominal. Furthermore, the Project would be required to comply with the 1990 FEIS/EIR Mitigation Measure C-2, involving the placement of straw or other suitable materials over uncovered soils, as needed, during street construction activities, further reducing the amount of erosion occurring at the Project site. Regarding operations, the Project would not increase the capacity of the roadway or the number of vehicles using the Project area. Therefore, impacts to water quality would be similar to those identified in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: Refer to 1990 FEIS/EIR Mitigation Measure C-2 Mitigation Measures: No additional mitigation measures are required. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? The proposed Project would not result in increased water consumption and would not deplete groundwater supplies. No impact to groundwater supplies would result from the proposed Project. Impacts in this regard would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. C) Substantially alter the eeisting drainage pattern of the site or area, including through the alteration of the course of a strewn or river, in a manner that would result in substantial erosion or siltation on- or off-site? The proposed Project would only nominally increase the paved/impervious areas of the Project site. This nominal increase would not result in a substantial increase in erosion or siltation on- or off-site. Further, implementation of 1990 FEIS/EIR Mitigation Measure C-2 would reduce any potential erosion/siltation impacts during construction. Thus, impacts in this regard would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: Refer to 1990 FEIS/EIR Mitigation Measure C-2 Mitigation Measures: No additional mitigation measures are required. Draft I November 2017 3-17 Environmental Consequences 75A-46 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? Currently, the Project site only includes curb and no catch basin is present. As a result, seasonal ponding does occur along this portion of Bristol Street. The proposed Project would result in a nominal increase in impervious ground surfaces. However, development of the Project would result in the relocation of the existing curb features at the Project site. Thus, implementation of the proposed Project would not result in a substantial increase compared to the existing condition. Further, Project development may include extension of the existing storm water pipeline system (located on the eastern side of Bristol Street) through a new lateral connection and new catch basin at the Project site. These improvements, if constructed, would result in a reduction of existing flooding and would be a beneficial impact. Thus, impacts would not be greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources ofpolluted runoff? Refer to Response 3.9(a). Impacts would not be greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. f) Otherwise substantially degrade water quality? Refer to Response 3.9(a). Impacts would not be greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. 9) Place housing within a 100 year flood hazard area as mapped oil a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation nap? The Project site is located outside of the 100 -year flood zone.14 Further, the proposed Project would not construct any housing. Therefore, no impact would result from the proposed Project in this regard. Impacts would not be greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. h) Place within a 100year flood hazard area structures which would impede or redirect flood flows? Refer to Response 3.9(g). Impacts would not be greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. 14 Federal Emergency Management Agency, FEMA Flood Map Service Center, https://msc.fema.gov/portaUse=h? AddressQuery=memory%201ane%2C%20santa%20ana#seamhresultsmehor, accessed August 3, 2017. Draft I November 2017 3-18 Environmental Consequences 75A-47 Bristol Street and ENVIRONMENTAL IMPACT REPORT ADDENDUM Lane Intersection Improvements — Project No. 17-6883 Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? The proposed Project does not involve the construction of new habitable structures or people at the Project site. Therefore, the Project would not expose people or habitable structures to a significant flooding risk beyond that which already exists. Impacts would not be greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. j) Inundation by seiche, tsunami, or mudflow? The Project site is located approximately 15 miles inland from the Pacific Ocean; therefore, the likelihood of tsunami impacting the site is minimal. The Project site and vicinity are highly urbanized and there are no nearby water bodies or unusual slopes or geologic features in the area. No impacts involving seiche, tsunami, or mudflow are anticipated. Impacts would not be greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measure: No additional mitigation measures are required. 3.10 LAND USE AND PLANNING This section corresponds with the 1990 FEIS/EIR, Section rv, Environmental Consequences and Mitigation Measures, Subsection A, Landform Modification. Would the project: a) Physically divide are established community? The proposed Project involves the widening of the intersection of Bristol Street and Memory Lane; the proposed Project would not divide an established community. Although the proposed widening of Bristol Street within the Project limits would result in partial acquisition of existing properties, the Project would not create a physical barrier to, or separate, a community. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIK Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. b) Conflict with any applicable land use plait, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? According to the City of Santa Ana General Plan (General Plan), the Project area is designated General Commercial (GC) and Low Density Residential (LDR-7). The zoning designation of properties within the Project area are Specific Development (SD27) which is developed as the Portofino Apartments and Community Commercial (Cl) which allows for retail and service uses. The proposed Project would not result in changes to the land use designation of the acquired parcels. The proposed Project is in compliance with the existing designations and would not create a new conflict. It is acknowledged that due to building setback requirements, the Project would require approval from the City Manager for landscape strip Exceptions for building setbacks per Municipal Code Section 41-781. With City Manager approval, the Project would be consistent with the Municipal Code requirements. No significant impacts would result and impacts would be similar to those identified in the 1990 FEIS/EIR. Draft I November 2017 3-19 Environmental Consequences 75A-48 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable Mitigation Measures: No additional mitigation measures are required. C) Conflict with any applicable habitat conservation plan or natural community conservation plan? The Project site is not a part of any habitat conservation plan, and is located within a highly -urbanized area within the City of Santa Ana. The proposed Project would not conflict with any habitat conservation plan or natural community. No impact is anticipated. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. 3.11 MINERAL RESOURCES This section corresponds with the 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, Subsection W, Consumption of Renewable and Non -Renewable Resources. Would the project: a) Result in the loss of availability of a known mineral resource of value to the region and the residents of the state? The Project site is currently developed and does not contain any areas that are utilized for the extraction of mineral resources. Furthermore, the proposed Project would not involve excavation that would likely identify previously unidentified mineral resources. No impact to mineral resources would result from the proposed Project. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. b) Result in the loss of availability of a locally -important mineral resource recovery site delineated an a local general plan, specific plan or other land use plat? The Project site is currently developed and is not delineated as a mineral resources recovery site by the City's General Plan. Implementation of the proposed Project would have no impact on the mineral resources and no mitigation measures are necessary. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. 3.12 NOISE This section corresponds with the 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, Subsection I, Noise, and Subsection V, Construction Impacts. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Draft I November 2017 3.20 Environmental Consequences 75A-49 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 The proposed Project involves widening the west side of Bristol Street, north of the intersection of Bristol Street and Memory Lane, in an urbanized area of multi- and single-family residential uses, commercial uses, and vacant land. The widening of the proposed ROW from 100 feet to 111 feet will not substantially change the noise levels which were analyzed in the 1990 FEIS/EIR. Changes to traffic noise impacts typically occur when there is a substantial horizontal alteration to the roadway. The Caltrans Traffic Noise Analysis Protocol guidance per federal regulations (23 CFR 772) defines a substantial horizontal alteration as a project that halves the distance between the traffic noise source and the closest receptor between the existing condition to the future build condition. The existing distance from the ROW to the closest receptor is approximately 30 feet. When adding the additional 11 feet to the ROW, this is less than half of the distance which means that the Project does not cause a substantial horizontal alteration. The Proposed Project modifications would not result in any new long-term mobile and stationary noise impacts. Only nominal changes to grading or construction activities would occur. No increases to road vehicle capacity would occur. No new impacts have been identified and no new mitigation measures are required. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: I-1 Construction activities will take place only during the hours specified in the City of Santa Ana Noise Control Ordinance to reduce noise impacts during more sensitive time periods. I-2 All construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with properly operating and maintained muffler exhaust systems. I-3 Stationary equipment shall be placed such that emitted noise is directed away from sensitive noise receivers such as residential areas. I-4 Stockpiling and vehicle staging areas shall be located as far as practical from occupied dwellings. I-5 Every effort will be made to create the greatest distance between noise sources and receptors during construction. I-6 The noisiest construction operations will be arranged to occur together in the construction program to avoid continuing periods of greater annoyance. Mitigation Measures: No additional mitigation measures are required. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Refer to Response 3.12(a). During Project construction, noise associated with construction may intermittently dominate the noise environment in the immediate area of construction. No additional adverse noise impacts from construction are anticipated as construction would comply with the City of Santa Ana Municipal Code, which limits construction noise to the least noise sensitive portions of the day. Construction equipment would be properly fitted and maintained according to the manufacturer's specifications. Furthermore, construction noise would be short- term, temporary, and cease upon completion of the proposed Project. Impacts would be similar to those identified in the 1990 FEIS/EIR with implementation of mitigation measures and would not be greater than what was previously analyzed. The proposed widening of Bristol Street and ROW acquisition just north of Memory Lane would involve additional ROW take at adjoining properties in order to accommodate the third southbound through lane (considered in the 1990 FEIS/EIR). These changes would be nominal and would result in similar noise levels as the 1990 FEIS/EIR, which would be below significant levels. The Proposed Project modifications would not result in any new long- term mobile and stationary noise impacts. No changes to grading or construction activities would occur. No increases to road vehicle capacity or lane configurations would occur. No new impacts have been identified and no new mitigation measures are required. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Draft I November 2017 3-21 Environmental Consequences 75A-50 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to Responses 3.12(a) and 3.12(b). Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No new additional mitigation measures are required. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to Response 3.12(a), for discussion regarding temporary noise impacts associated with Project construction. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: Refer to 1990 FEIS/EIR Mitigation Measures I-1 through I-6. Mitigation Measures: No new additional mitigation measures are required. e) For a project located within an airport land use plait or, where such a plait has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The Project site is not located within an airport land use plan. The nearest airport is the John Wayne - Orange County Airport, located approximately 5.9 miles from the proposed Project. No impacts would occur. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No new additional mitigation measures are required. JJ For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Refer to Response 3.12(e). The proposed Project is not located within the vicinity of a private airstrip. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No new additional mitigation measures are required. 3.13 POPULATION AND HOUSING This section corresponds with the following 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, subsections: • Subsection L, Population; • Subsection M, Housing Displacement; • Subsection N, Business Displacement; • Subsection O, Impacts on Neighborhood Character and Minority Groups; and • Subsection R, Effect on Assessed Property Values. Draft I November 2017 3-22 Environmental Consequences 75A-51 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 Would the project: a) Induce substantial population growth in an area, either directly (for exanhple, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The proposed Project involves the partial acquisition of three parcels in order to widen Bristol Street, located within a highly urbanized and built -out area. The proposed Project is designed to accommodate the existing and future traffic volume and would not create new trips. The proposed Project would not result in additional impacts. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? A total of three properties would be partially acquired as a result of the proposed widening of Bristol Street. All proposed areas of acquisition include vacant portions of commercial and multi -family residential properties. These vacant areas consist of paving/asphalt or ornamental landscaping. The acquisitions would comply with policies pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as implemented by the City of Santa Ana. No removal of housing would occur. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. C) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Refer to Response 3.13(b). Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. 3.14 PUBLIC SERVICES This section corresponds with the 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, Subsection P, Impacts on Community Facilities, and Subsection V, Constnmction Impacts. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable serve ratios, response times or other performance objectives for any of the public services: V Fire Protection? The proposed Project includes intersection improvements and no increase in demand for fire protection services would occur with implementation of the proposed Project. Furthermore, the proposed Project would result in positive impacts as a result of greater congestion relief and increased mobility in the vicinity for motor vehicles including emergency vehicles. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Draft I November 2017 3-23 Environmental Consequences 75A-52 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. b) Police Protection? Refer to Response 3.14(a)(i). The proposed Project would not result in the need or increase the demand for police services in the area. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. C) Schools? The proposed Project does not involve any new development and no new population would result. Therefore, no schools or school services would be impacted by the proposed Project. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No new additional mitigation measures are required. d) Parks? The proposed Project does not involve any new development and no new population would result. There are no parks within the Project limits, and no needs for additional park services would occur as a result of the proposed Project. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. e) Otherpublicfacilities? The proposed Project does not involve any new development and no new population would result. Therefore, the Project would not generate demands for other public facilities. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. 3.15 RECREATION This section corresponds with the 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, Subsection P, Impact on Recreational Facilities. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The proposed Project involves the widening of Bristol Street, just north of Memory Lane, to accommodate a third southbound through lane within a highly urbanized and built -out area in the City. The widening of Bristol Street would not induce growth, nor create demand for recreation -related services. Furthermore, the proposed Project Draft I November 2017 3.24 Environmental Consequences 75A-53 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 would not result in the physical deterioration of recreational facilities. No mitigation measures are required with regards to recreational resources. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Refer to Response 3.15(a). The proposed Project does not include, nor would it require, construction or expansion of recreational facilities. Therefore, no adverse physical impact on the environment would occur from such facilities as a result of the proposed Project. No mitigation measures are required. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. 3.16 TRANSPORTATION/TRAFFIC This section corresponds with the 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, Subsection U, Impacts to Transportation Facilities, and Subsection V, Construction Impacts. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? The proposed Project is consistent with the applicable plans, ordinances and policies establishing measures of effectiveness for the performance of the circulation system as described in the 1990 FEIS/EIR. The widening of Bristol Street was designated in the Orange County Master Plan, and was recommended in the Bristol Street Corridor Study - Final Report, prepared by Mohle, Grover & Associates, dated 1983. It was also recommended in the Arterial Highway Element - Santa Ana Element - Santa Ana Transportation Corridor State II Alternative Analysis, prepared by Parsons, Brinkerhoff, Quade and Douglas, Inc., dated 1983. The proposed Project is also consistent with the recommendation found in the Intercity Liaison Committee - Five -Year Transportation Study Update to 1990, prepared by Basmaciyan-Damell, Inc., dated 1985. Furthermore, the proposed Project would improve traffic operations through the Project corridor. Based on traffic count data provided as part of the Measure M2 Comprehensive Transportation Funding Program Call for Projects, prepared by the City of Santa Ana, for the Orange County Transportation Authority, dated October 20, 2016, the existing Level of Service (LOS) at the Bristol Street/Memory Lane intersection is LOS C in the AM Peak Hour and a LOS E during the PM Peak Hour. Upon completion of the proposed Project, the Peak Hour LOS at this intersection would be improved to a LOS B in the AM Peak Hour and a LOS D in the PM Peak Hour. Therefore, the Project would result in an overall beneficial impact pertaining to traffic and would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No new additional mitigation measures are required. b) Conflict with an applicable congestion managennent program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency far designated roads or highways? Draft I November 2017 3-25 Environmental Consequences 75A-54 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 According to the 2015 Orange County Congestion Management Program, prepared by the Orange County Transportation Authority, dated November 2015, the intersection of Bristol Street and Memory Lane is not a CMP intersection, nor is this intersection located along a CMP Highway System. Further, as discussed in Response 3.16(a), the proposed Project would result in an improvement to both the AM and PM Peak Hour LOS. As the proposed Project would not increase the capacity of the roadway network, the Project would not result in greater impacts than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. C) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The closest airport to the site is John Wayne — Orange County Airport, located approximately 5.9 miles southeast of the Project site; the proposed Project would have no impact on air traffic patterns. The proposed Project would not introduce any new risks or increase risks. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., Jami equipment)? The proposed Project would improve the traffic flow at the Bristol Street and Memory Lane intersection and would not create any sharp curves or other incompatible uses. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. e) Result in inadequate emergency access? The proposed Project would improve traffic operations along Bristol Street in the long-term. During the construction phase traffic flow along Bristol Street within the Project limits could be temporarily affected, including the mobility of emergency vehicles; however, access, including two-way travel would be maintained through the Project condor during construction. Traffic control plans would be prepared prior to construction to facilitate traffic movement through the Project condor during construction. Although the proposed Project may interfere with emergency access in the short-term, it would improve emergency access once the Project is completed. Implementation of 1990 FEIS/EIR Mitigation Measures V-10, V-12, V-13 and V-16 would reduce impacts associated with inadequate emergency access to a less than significant level. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: Refer to 1990 FEIS/EIR Mitigation Measures V-10, V-12, V-13, and V-16. Mitigation Measures: No additional mitigation measures are required. fi Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety ofsuch facilities? The proposed Project would not conflict with any alternative transportation plan and would increase safety associated with improvements to the traffic operations through the Project area. The proposed Project would not Draft I November 2017 3-26 Environmental Consequences 75A-55 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 result in impacts greater than as described in the 1990 FEIS/EIR. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. 3.17 TRIBAL CULTURAL RESOURCES As of July 1, 2015, California Assembly Bill 52 (AB 52) was enacted and expanded CEQA by establishing a formal consultation process for California tribes within the CEQA process. The bill specifies that any project may affect or cause a substantial adverse change in the significance of a tribal cultural resource would require a lead agency to "begin consultation with a California Native American tribe that is traditional and culturally affiliated with the geographic area of the proposed project." Section 21074 of AB 52 also defines a new category of resources under CEQA called tribal cultural resources. Tribal cultural resources are defined as "sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe" and is either listed on or eligible for the California Register of Historical Resources or a local historic register, or if the lead agency chooses to treat the resource as a tribal cultural resource. Notwithstanding, AB 52 applies to all new applications deemed complete on or after July 1, 2015. Thus, as the proposed improvements are an Amendment to the existing Bristol Street Widening Project, and not a new Application, AB 52 does not apply to this Project. On February 19, 2016, the California Natural Resources Agency proposed to adopt and amend regulations as part of AB 52 implementing Title 14, Division 6, Chapter 3 of the California Code of Regulations, CEQA Guidelines, to include consideration of impacts to tribal cultural resources pursuant to Government Code Section 11346.6. On September 27, 2016, the California Office of Administrative Law approved the amendments to Appendix G of the CEQA Guidelines, and these amendments are addressed within this Addendum. a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is. i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined its Public Resources Code section 5020.1(k), or According to the City of Santa Ana, no Native American -related historical resources are present within the Project vicinity." Based on the 1990 FEIS/EIR, no historical or archaeological resources were identified in the Project vicinity. During public noticing period for the Bristol Street Widening Project, a letter received from the Office of Historic Preservation indicated that the Bristol Widening Project would not affect historic properties. Therefore, implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: T-1 If potential archeological resources are encountered during grading, all work will be halted in that particular location until a qualified archaeologist can evaluate the significance of the recovered materials. Mitigation Measures: No additional mitigation measures are required. 15 City of Santa Ana, Propertyl formation Search, http://www.ci.mnta-ana.ca.us/property-info/, accessed August 17, 2017. Draft I November 2017 3-27 Environmental Consequences 75A-56 ew ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. The Project is not subject to AB 52 and did not undergo the AB 52 Consultation Process. Notwithstanding, the 1990 FEIS/EIR, no historical or archaeological resources were identified in the Project vicinity pertaining to Native American resources. Further, during public noticing periods, letters received from the Office of Historic Preservation indicated that the Bristol Widening Project would not affect historic properties. No correspondence from any tribes were received during the 1990 FEIS/EIR. No new impacts have been identified. Should any unknown tribal cultural resources be uncovered during grading/site disturbance activities, the Project would be required to comply with the 1990 FEIS/EIR Mitigation Measure T-1. Impacts in this regard would be less than significant. Certified 1990 FEIS/EIR Mitigation Measures: Refer to 1990 FEIS/EIR Mitigation Measure T-1. Mitigation Measures: No additional mitigation measures are required. 3.18 UTILITIES AND SERVICE SYSTEMS This section corresponds with the 1990 FEIS/EIR, Section IV, Environmental Consequences and Mitigation Measures, Subsection S, Effect on Utilities, and Subsection V, Construction Impacts. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The proposed Project entails intersection improvements; such improvements would not result in the generation of wastewater. No new significant impact is anticipated. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. b) Require or result in the construction of new water or wastewater treahnent facilities or expansion of eristingfacilities, the construction of which could cause significant environmental effects? The proposed Project would not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities. No new significant impact is anticipated. Implementation of 1990 FEIS/EIR Mitigation Measures V-14 and V-17 would reduce impacts to less than significant. Impacts would not be greater than that previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: V-14 Project plans and construction activities will be closely coordinated with local utility purveyors in order to make the necessary arrangements for the relocation of facilities and avoid or minimize any disruption to service. It is also recommended that the utilities provide adequate notice to its customers of any service disruptions. V-17 The City of Santa Ana's Public Works Director will coordinate closely with all agencies and companies which maintain underground or at -grade utility or energy facilities within the areas to be disturbed by project construction activities. Preliminary and final design plans will be made available to such agencies for review and comment. At least 48 hours prior to commencement of any excavation activities, the City will contact the Underground Service Alert to notify the affected utility/energy purveyors who can place their personnel at the excavation site to assist in the location of underground Draft I November 2017 3-28 Environmental Consequences 75A-57 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 facilities during the exploratory digging immediately preceding excavation. In this manner, the risk of line rupture to natural gas, petroleum, and sewer facilities, which might release hazardous substances and odors into the air, can be minimized. Mitigation Measures: No additional mitigation measures are required. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? As discussed in Response 3.9(d), the Project site currently includes only curb and no catch basin is present. As a result, seasonal ponding does occur along this portion of Bristol Street. The proposed Project would result in a nominal increase in impervious ground surfaces. The Project would result in the relocation of the existing curb features at the Project site and may include extension of the existing storm water pipeline system (located on the eastern side of Bristol Street) through a new lateral connection and new catch basin at the Project site. These improvements, if constructed, would result in a reduction of existing flooding and would be a beneficial impact. Thus, impacts would not be greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable Mitigation Measures: No additional mitigation measures are required. d) Have sufficient water supplies available to serve the project front existing entitlements and resources, or are new or expanded entitlements needed? The proposed Project entails the intersection improvements; as such, the Project would not result in any increase in water demand/consumption. Landscape improvements, if applicable, would not require any new or expanded water entitlements and would not be substantially increased, compared to that analyzed as part of the Bristol Street Widening Project. Thus, the proposed Project would not create any new significant environmental impact. Impacts would not be greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable Mitigation Measures: No additional mitigation measures are required. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Refer to Response 3.17(a) and 3.17(b). The proposed Project would not result in an increase in wastewater production. Impacts would not be greater than previously analyzed in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? The proposed Project would generate construction waste on a short-term basis. Construction waste that cannot be recycled would be taken to available landfills. The closest receiving landfills for the City are the Frank R. Bowerman Sanitary Landfill at 11002 Bee Canyon Access Road in Irvine, and the Olinda Alpha Landfill at 1942 N. Valencia Avenue in Brea. The Frank R. Bowerman Sanitary Landfill, which is owned and operated by the Orange County Integrated Waste Management Department, opened in 1990, and has enough projected capacity to serve residents and businesses until approximately 2053.16 The Olinda Alpha Landfill opened in 1960, and has enough 16 Orange County Waste and Recycling, Frank R. Bowerman Landfill, http://www.oclmdfills.com/landfilYactive/ bowennan, accessed August 17, 2017. Draft I November 2017 3-29 Environmental Consequences 75A-58 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 projected capacity to serve residents and businesses until approximately 2030.1' Olinda's average disposal rate is nearly 7,000 tons per day (TPD), although it permitted up to 8,000 TPD. Thus, these facilities have adequate landfill capacity to serve the proposed Project and no new significant environmental impact would result from the Project implementation. Impacts would be similar to those identified in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable. Mitigation Measures: No additional mitigation measures are required. 9) Comply with federal, state, and local statutes and regulations related to solid waste? Refer to Response 3.18(f). The proposed Project would comply with all applicable federal, state, and local statutes and regulations related to solid waste. The Project would comply with the City of Santa Ana's established reduction, reuse, and recycling programs. No new significant solid waste impact would result from the proposed Project. Impacts would be similar to those identified in the 1990 FEIS/EIR. Certified 1990 FEIS/EIR Mitigation Measures: No 1990 FEIS/EIR mitigation measures are applicable Mitigation Measures: No additional mitigation measures are required. 3.19 MANDATORY FINDINGS OF SIGNIFICANCE Based on this Addendum, the proposed Project has not substantially changed in regard to the setting, design, impacts, and mitigation measures as described in the 1990 FEIS/EIR. New circumstances or new information, including any new or revised environmental laws, regulations, or policies have not modified the impacts of the proposed Project. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce file number or restrict the range of a rare. or endangered plant or animal or eliminate important examples of the majorperiods of California history or prehistory? The proposed Project would not result in impacts beyond those identified in the 1990 FEIS/EIR in this regard, and does not have the potential to degrade the environment, reduce the habitat of a fish or wildlife species, threaten plant or animal communities, reduce or restrict endangered plant or animal species or eliminate important examples of major periods of California history or prehistory with compliance with the 1990 FEIS/EIR mitigation measures. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects ofprobable future projects)? Given the nature and scope of the proposed Project, and in consideration of mitigation measures that are included in the 1990 FEIS/EIR, the Project would not involve impacts that are cumulatively considerable. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Construction -related activities are anticipated to have some relatively minor, temporary impacts which can be mitigated with implementation of measures included in the 1990 FEIS/EIR. Furthermore, potential long-term (operational) impacts would be reduced to less than significant levels through implementation of required 1990 FEIS/EIR mitigation measures. 17 Orange County Waste and Recycling, Olinda Alpha Landfill, http://www.oclmdfills.com/landfill/active/ olindalandfill, accessed October 16, 2017. Draft 1 November 2017 3.30 Environmental Consequences 75A-59 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Proiect No. 17-6883 4.0 REFERENCES The following references were utilized for the preparation of this Addendum: California Department of Conservation, Orange County Important Farmland 2014, ftp://ftp.consrv.ca.gov/pub/dlrp/ FMMP/pdf/2014/oral4.pdf, accessed August 17, 2017. California Department of Transportation, California Scenic Highway Mapping System, http://www.dot.ca.gov/hq/ LandArch/l6_livability/scenic highways/index.htm, accessed August 30, 2017. California Geological Survey, Fault Activity Map of California, http://maps.conservation.ca.gov/cgs/fam/App/ index.html, accessed August 3, 2017. City of Santa Ana, City of Santa Ana General Plan, adopted September 1982, as amended. City of Santa Ana, Citywide Design Guidelines. City of Santa Ana, Final Environmental Impact statement (FEIS) for Bristol Street Widening from Warner Avenue to Memory Lane, dated 1990. City of Santa Ana, Property Information Search, http://www.ci.santa-ana.ca.us/property-info/, accessed August 17, 2017. City of Santa Ana, Measure M2 Comprehensive Transportation: Funding Program Call for Projects, dated October 20, 2016. Department of Conservation (DOC), Fault Activity Map of California, http://maps.conservation.ca.gov/cgs/fam/ App/index.html, accessed August 2017. Department of Toxic Substances Control, EnviroStor, http://www.envirostor.dtsc.ca.gov/public/, accessed August 2, 2017. Federal Emergency Management Agency, FEMA Flood Map Service Center, https://msc.fema.gov/portal/search? AddressQuery=memory%201ane%2C%20santa%20ana#searchresultsanchor, accessed August 3, 2017. Orange County Transportation Authority, 2015 Orange County Congestion Management Program, dated November 2015. Orange County Waste and Recycling, Frank R. Bowerman Landfill, http://www.oclandfills.com/landfill/active bowerman, accessed August 17, 2017. Orange County Waste and Recycling, Olinda Alpha Landfill, http://www.oclandfills.com/landfill/active/ olindalandfill, accessed October 16, 2017. Google Earth, accessed September 2017. POWER Engineers, Bristol Street Widening Phase IIIA - Civic Center Drive to Washington Avenue Environmental Impact Report Addendum, January 20, 2015. Southern California Association of Governments, 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), Transportation System Project List, 2016. Southern California Association of Governments, Final 2017 Federal Transportation Improvement Program, 2016. State Water Resources Control Board, GeoTracker, http://geotracker.waterboards.ca.gov/, accessed July 24, 2017. Draft I November 2017 4-1 References 75A-60 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 United States Department of Agriculture, Web Soil Survey, https://websoilsurvey.se.egov.usda.gov/App/WebSoil Survey.aspx, accessed August 2, 2017. Draft I November 2017 4-2 References 75A-61 Appendix A Modified Initial Study Checklist 75A-62 75A-63 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 Modified Initial Study Checklist The following Modified Initial Study Checklist is based on the California Environmental Quality Act (CEQA) Initial Study Checklist. It is modified to evaluate the proposed Project changes for which environmental impact reports/statements have previously been completed to assist in the determination of the need for supplemental environmental documents, in this case, a Subsequent or Supplemental EIS/EIR or an Addendum under Public Resources Code 21166 and Guideline Sections 15162, 15163, and 15164, respectively. For purposes of this study, references to "the proposal" in the left hand column questions refer to the modifications to the Project (proposed Project) as compared the Project improvements evaluated in the 1990 FEIS/EIR. The first four columns to the right of the modified checklist questions identify whether the proposed Project changes would result in new impacts, and if so whether these impacts would be less than significant, less than significant after mitigation, or significant. The fifth column asks whether or not the impacts associated with Project changes, if any, were sufficiently disclosed in the previous environmental documents. Finally, the last column indicates whether or not a Subsequent or Supplemental EIR is needed. Moreover, a Subsequent or Supplemental EIR would be needed if there were new significant unmitigated or substantially more severe impacts, which would result from the Project changes and which were not sufficiently disclosed in the previous environmental document. Draft I November 2017 1 Appendix A — Modified Initial Study Checklist 75A-64 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST Draft 1 November 2017 2 Appendix A - Modified Initial Study Checklist 75A-65 New Impacts of Proposed Previous FEISIEIR Project Changes No Impact Less Than Significant Impact Less Than Significant After1999 Mitigation Potentially Significant Impact Impacts Disclosed? Subsequent or Supplemental EIR Required? 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? X YES NO b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within X YES NO a state scenic highway? X YES NO c) Substantially degrade the existing visual character or quality of the site and its surroundings? X YES NO d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland X YES NO Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? — X YES NO b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? --...... —_....... . c) Conflict with existing zoning for, or cause rezoning, of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or X YESNO timberland zoned Timberland Production (as defined by Government Code section 51104(g))? ----....------..._. ®� X YES NO d) Result in the loss of forest land or conversion of forest land to non -forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or X YES NO conversion of forest land to non -forest use? 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? X YES NO b) Violate any air quality standard or contribute substantially to an existing or X YES NO projected air quality violation? Draft 1 November 2017 2 Appendix A - Modified Initial Study Checklist 75A-65 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST Draft I November 2017 3 Appendix A - Modified Initial Study Checklist 75A-66 New Impacts of Proposetl Previous FEIS/EIR Project Changes No Impact Less Than Significant Less Than Significant Potentially Significant Impacts Disclosed? Subsequent or Supplemental EIR Impact AnerlgSe Impact Required? Mitigation c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including X YES NO releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to - ----- substantial pollutant concentrations? X YES NO e) Create objectionable odors affecting a _ - ---- substantial number of people? X YES NO 4. BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special -status species in local X YES NO or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ........... ....... ....---- b) Have a substantial adverse effect on �'----.-....... any riparian habitat or other sensitive natural community identified in local or X YES regional plans, policies, or regulations or NO by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal X YES NO pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with X established native resident or migratory YES NO wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, X such as a tree preservation policy or YES NO ordinance? Draft I November 2017 3 Appendix A - Modified Initial Study Checklist 75A-66 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST Draft I November 2017 4 Appendix A - Modified Initial Study Checklist 75A-67 New Impacts of Proposed Previous FEISIEIR Project Changes No Impact Less Than Significant Impact Less Than Significant After 1990 Mitigation Potentially Significant Impact Impacts Disclosed? Subsequent or Supplemental EIR Required? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other X YES NO approved local, regional, or state habitat conservation plan? 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as X YES NO defined in § 15064.5? --- b) Cause a substantial adverse change in - ----- the significance of an archaeological X YES NO resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique X YES T NO geologic feature? d) Disturb any human remains, including those interred outside of formal ----------- X -------- ---- YES NO cemeteries? 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area X YES NO or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X YES NO iii) Seismic -related ground failure, including liquefaction? — -- X YES NO iv) Landslides? X YES -......... NO b) Result in substantial soil erosion or the loss of topsoil? X YES NO Draft I November 2017 4 Appendix A - Modified Initial Study Checklist 75A-67 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST Draft I November 2017 5 Appendix A - Modified Initial Study Checklist 75A-68 New Impacts of Proposed Previous FEIS/EIR Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After1990 Impact Required? Mitigation c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially X YES NO result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 16-1-B of the Uniform Building X YES NO Code (1994), creating substantial risks to fife or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems X YES NO where sewers are not available for the disposal of waste water? 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generale greenhouse gas emissions, either directly or indirectly, that may have a X YES NO significant impact on the environment? -----__.__-........... b) Conflict with an applicable plan, policy or regulation adopted for the purpose of X YES NO reducing the emissions of greenhouse gases? 8. HAZARDS. Would the project involve: a) Create a significant hazard to the public or the environment through the routine X YES NO transport, use, or disposal of hazardous materials? ------------ b) Create a significant hazard to the public --------- or the environment through reasonably foreseeable upset and accident conditions X YES NO involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, X YES NO substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code X YES NO Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Draft I November 2017 5 Appendix A - Modified Initial Study Checklist 75A-68 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Protect No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST Draft I November 2017 6 Appendix A - Modified Initial Study Checklist 75A-69 New Impacts of Proposed Previous FEISIEIR Project Changes No Impact Less Than Significant Impact Less Than Significant After1999 Potentially Significant Impact Impacts Disclosed? Subsequent or Supplemental EIR Required? Mitigation e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would X YES NO the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a X YES NO safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency X YES NO response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where X YES NO wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 9. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? X YES NO b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- X YES NO existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would X YES NO result in substantial erosion or siltation on - or off-site? Draft I November 2017 6 Appendix A - Modified Initial Study Checklist 75A-69 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST Draft I November 2017 7 Appendix A - Modified Initial Study Checklist 75A-70 New Impacts of Proposed Previous FEIS/EIR Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After 1990 Impact Required? Mitigation d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase X YES NO the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or X YES NO provide substantial additional sources of polluted runoff? ---- X YES ------._........ NO D Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate X YES NO Map or other flood hazard delineation map? X YES NO h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? I) i) Expose people or structures to a ------------- - ------------- --- significant risk of loss, injury or death involving flooding, including flooding as a X YES NO result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? — X _....._..'---..__...-- YES --' NO 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? X YES NO b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific X YES NO plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community X YES NO conservation plan? Draft I November 2017 7 Appendix A - Modified Initial Study Checklist 75A-70 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST Draft I November 2017 8 Appendix A - Modified Initial Study Checklist 75A-71 New Impacts of Proposed Previous FEISIEIR Project Changes No Impact Less Than Significant Impact Less Than Significant Aftert990 Mitigation Potentially Significant Impact Impacts Disclosed?, Subsequent or Supplemental EIR Required? 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the X YES NO state? b) Result in the loss of availability of a locally -important mineral resource recovery X YES NO site delineated on a local general plan, specific plan or other land use plan? 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X YES NO noise ordinance, or applicable standards of other agencies? X YES NO b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity X YES NO above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X YES NO without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would X YES NO the project expose people residing or working in the project area to excessive noise levels? Draft I November 2017 8 Appendix A - Modified Initial Study Checklist 75A-71 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST Draft I November 2017 9 Appendix A - Modified Initial Study Checklist 75A-72 New Impacts of Proposed Previous FEIS/EIR Project Changes No Impact Less Than Significant Impact Less Than Significant After1990 Mitigation Potentially Significant Impact Impacts Disclosed? Subsequent or Supplemental EIR Required? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project X YES NO area to excessive noise levels? 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or X YES NO indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of X YES NO replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of X YES NO replacement housing elsewhere? 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? X YES NO b) Police protection? X YES -NO T c) Schools? X YES NO d) Parks? X YES NO e) Other public facilities? X YES NO 15. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the X YES NO facility would occur or be accelerated? Draft I November 2017 9 Appendix A - Modified Initial Study Checklist 75A-72 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements - Project No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST Draft I November 2017 10 Appendix A - Modified Initial Study Checklist 75A-73 New Impacts of Proposed Previous FEISIEIR Project Changes • No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After 1990 Impact Required? Mitigation b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that X YES NO might have an adverse physical effect on the environment? 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and X YES NO relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other X YES NO standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels X YES NO or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a — --------- ----- design feature (e.g., sharp curves or X YES NO dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency ------------ X -- - -- YES - NO access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise X YES NO decrease the performance or safety of such facilities? Draft I November 2017 10 Appendix A - Modified Initial Study Checklist 75A-73 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST Draft I November 2017 11 Appendix A - Modified Initial Study Checklist 75A-74 New Impacts of Proposed Previous FEIS/EIR Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After1990 Impact Required? Mitigation 17. TRIBAL CULTURAL RESOURCES. a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources X YES NO as defined in Public Resources Code section 5020.1 k , or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in X YES NO subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. 18. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional X YES NO Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, X YES NO the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X YES NO construction of which could cause significant environmental effects? d) Have sufficient water supplies available ---- ............................. _. to serve the project from existing X YES NO entitlements and resources, or are new or expanded entitlements needed? Draft I November 2017 11 Appendix A - Modified Initial Study Checklist 75A-74 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST Draft I November 2017 12 Appendix A- Modified Initial Study Checklist 75A-75 New Impacts of Proposed Previous FEISIEIR Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After 1990 Impact Required? Mitigation e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has X YES NO adequate capacity to serve the project's projected demand in addition to the providers existing commitments? -- .... ....... f) Be served by a landfill with sufficient permitted capacity to accommodate the X YES NO project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid X YES NO waste? 19. MANDATORY FINDINGS OF SIGNIFICANCE. Responses to the following questions are discussed in Chapter 3. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or X YES NO animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when X YES NO viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Note: N/A = Not applicable 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Draft I November 2017 12 Appendix A- Modified Initial Study Checklist 75A-75 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 MODIFIED INITIAL STUDY CHECKLIST New Impacts of Proposed Previous FEIS/EIR Project Changes No LessThan Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After 1999 Impact Required? Mitigation c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Responses to this section are discussed further in Chapter 3. Draft I November 2017 13 Appendix A - Modified Initial Study Checklist 75A-76 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street and Memory Lane Intersection Improvements — Project No. 17-6883 This page intentionally left blank. Draft I November 2017 14 Appendix A — Modified Initial Study Checklist 75A-77 75A-78 " � F w•�t Y�� LRuf bt\ i- ��. � ' 'fir • , .a Ni -M { CNV 1 - t -`� 1, t 'ir •ry �'� � I.� '-:-''- jam_, if 0011 WU) Q z J W M 00 00 O > to W0� CL m iJ�z Z SOU X LU (j)v' W -j Lu w O^ W V/ w m Z 0011 75A-80