Garden Grove City Council
September 27, 2022

Garden Grove Focused Code Updates – Procedures and Hearings Public Hearing Draft – Sept 2022 9 (C) Jeopardize, endanger or otherwise constitute a menace to public health, safety or g
eneral welfare;
iii. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required, in order to integrate such use with the uses in the surrounding area;
iv. That the proposed site is adequately served:
(A) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such as to be generated, and (B) By other public or private service facilities as required. c. The hearing body shall deny the application when t he information submitted by the applicant and/or presented at the public hearing fails to substantiate such findings. d. The conditional use permit and all discretionary land use permits under this title (including site plan, if applicable) shall be issued or denied within the time periods proscribed by the Permit Streamlining Act, the Subdivision Map Act, the California Environmental Quality Act, and other applicable state law, unless a reasonable time, not to exceed 90 days, unless an environmental impact report is required. If an environmental impact report is required, and the project is not subject to the Permit Streamlining Act, the time limit for action shall not exceed six months. Said time periods may only be extended by actions of the applicant or his or her a gents. e. Procedures for processing the application and times for processing steps shall be established by the City Manager or designee with approval of the Planning Commission.

5. Waiver.
a. Applicability. A waiver application to the provisions of Title 9 shall be required for waiver procedures as contained in the Subdivision Map Act and in Chapter 9.40 of this code. b. A waiver procedure as contained in the Subdivision Map Act and Chapter 9.40 of this code may be granted if it is possible to find that the waiver:
i. Will not create a subdivision or satisfy the requirements applicable to the division of a parcel of land;
ii. Will comply with city requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection;
iii. Will satisfy any other requirements pertaining to the Subdivision Map Act, this code and any other applicable city ordinance;
iv Will not create any unnecessary conditions or situations that will be incompatible with existing and possible future uses of adjacent properties.

6. Variance.
a. Applicability. A variance to the provisions of Title 9 shall be required for any deviation from the development standards contained therein.
b. Required Findings. A variance may be granted only if all of the following findings are made:

Garden Grove Focused Code Updates – Procedures and Hearings Public Hearing Draft – Sept 2022 10 i. That there are exceptional or extraordinary circumstances or conditions applicable to t
he property or to the intended use that do not apply generally to other property or classes of use in the same vicinity or zone;
ii. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question;
iii. That the granting of such variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located;
iv. That the granting of such variance will not adversely affect the comprehensive general plan;. and
iv. That approval of the variance is subject to such conditions as will assure that it does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

7. Interpretation of Use.
a. Applicability.
i. Any use not specifically listed as a permitted use, incidental use, or conditional use shall be prohibited; provided, however, that whenever a use has not been specifically listed as a permitted use, incidental use, or conditional use in a particular zone district, but similar uses are found to exist in that zone, the hearing body shall be responsible for interpreting whether or not the use is permitted in that zone district, and under what conditions.
ii. Any use determined to be inconsistent or not similar to other uses shall be required to file an application for an ordinance amendment.
b. Required Finding. That the proposed use is:
i. Similar in scale and operational characteristics to other uses permitted in that zone; ii. Consistent with the intent of the general plan and the zone district; iii. Compatible with other permitted uses.

8. Modification to Approved Plans.
a. Applicability. Whenever a change is proposed to an approved land use action. b. Required Findings. Modifications to approved plans shall be granted when the following findings are made:
i. That the change would not require the filing of an application for waiver or variance to the zoning code;
ii. That the change would not adversely affect the quality or design of the original plan; iii. That the change would not adversely affect the use or enjoyment of adjacent properties;

9. Time Extensions.
a. Required Findings. A time extension may be granted when the following findings are made:

Garden Grove Focused Code Updates – Procedures and Hearings Public Hearing Draft – Sept 2022 11 i. A request for a time extension, including the reasons therefore, has been submitted prior to the permit expiration date, or the hearing body finds that, due to special circumstances demonstrated by the property owner or the applicant, a late-filed request should be considered;
ii. That there has been no change in the general plan designation or zoning of the site that would render the development or use nonconforming; iii. That there is no land use action or study currently underway that would have the potential to render the development or use nonconforming. b. Limits of Extensions. Unless otherwise provided by a development agreement, a time extension shall be limited to one year or less. A request for a time extension beyond the term provided in a development agreement shall require City Council approval of an amendment to the development agreement.

10. Revocation.
a. Applicability. The City Council, hearing body or City Manager may initiate revocation procedures for any land use action designated by this title. b. Required Findings. The hearing body may revoke or modify a land use action if any one of the following findings is made:
i. That the approval was obtained by fraud;
ii. That the approved use has ceased to exist or has been suspended for one year, or a lesser time as established by land use ordinance;
iii. That the approved use is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, or regulation; iv. That the approved use was so exercised as to be detrimental to the public safety or so as to constitute a public nuisance.

11. City Manager or Designee Review—Minor Deviations.
a. Applicability. The City Manager or designee is vested with the following minor deviation land use permit and related authority:
i. To allow ground-mounted mechanical equipment including, but not limited to, heating, cooling or ventilating equipment, swimming pool or spa heaters, pumps or filters, to be located in the side or rear setbacks on any property improved with a multiple-family residential project, provided that the equipment is screened from view from public rights-of-way and an unobstructed path at least three feet wide is provided between the equipment and the property line;
ii. To allow mechanical equipment including, but not limited to, water heaters, FAUs etc., to encroach into the minimum interior dimensions of existing garages for single- family residential dwellings, provided that adequate space for the number of vehicles required by Title 9 to be parked in the garage is maintained; iii. To allow one-story additions to existing, detached, non-habitable structures that are nonconforming as to required side or rear setbacks in any residential zone. The addition shall be constructed in conformance with all applicable code provisions;

Garden Grove Focused Code Updates – Procedures and Hearings Public Hearing Draft – Sept 2022 12 iv. To issue minor land use deviations for the purpose of allowing minor changes to the s
trict requirements of any use or distance limitations of the code (excepting adult uses), provided that the changes are generally compatible with the zoning requirements for the parcel, and the use will last for a duration not to exceed 18 months. A single time extension limited to one year or less may be granted;
v. To allow minor deviations in the height, width and/or placement of freestanding sign structures for any office, commercial and industrial zoned properties improved with existing buildings or structures to achieve a greater flexibility in design and quality that cannot be achieved through the strict application of Title 9, Development Standards, provided that the sign area does not exceed the maximum square footage as required by Title 9;
vi. To allow deviations in the number of required parking spaces up to a maximum of 10% for any office, commercial or industrial zoned properties improved with existing buildings or structures, where the parking deficiency cannot be corrected by redesigning the parking area or restriping the parking spaces. This shall not include any use subject to a conditional use permit, or any property that was granted a parking variance; vii. To allow the installation of garage doors on existing carports for existing residential condominiums;
viii. To allow minor deviations from landscape requirements in conjunction with the rehabilitation of an existing site where no discretionary action is proposed; ix. To allow fences located in the required front setback of residentially zoned properties to be constructed to a maximum height of six feet, provided the upper 36 inches is wrought iron fencing with vertical railings no less than three inches apart; x. To allow the construction of one single-family home on a legally created, residentially-zoned vacant parcel, that is nonconforming due to area and/or width, provided no other discretionary actions are proposed;
xi. An addition to a duplex or triplex that meets the current setback requirements, is less than 50% of the original living area, and does not create additional units shall be subject to a City Manager or designee review;.
xii. To allow a deviation for the maximum number of bathrooms per number of bedrooms.
b. For purposes of this section, “minor deviation” is defined as a modification or change that does not undermine or significantly revise the intent and purpose of the municipal code.

Minor deviations shall be limited to the above actions only. c. Required Findings. The City Manager or designee may approve an application for a minor deviation if the following findings are made:
i. That the proposed action will not adversely affect the City’s General Plan or Redevelopment Plan;
ii. That no discretionary actions requiring review by the City Zoning Administrator, Planning Commission or City Council are being proposed; iii. That no adverse effects on the health, peace, comfort or welfare of persons residing or working on adjoining properties is created; and

Garden Grove Focused Code Updates – Procedures and Hearings Public Hearing Draft – Sept 2022 13 iv. That all other applicable Title 9 provisions are complied with. d
. Notice and Review.
i. An application for a minor deviation shall consist of written documentation of the precise nature of the change(s) the applicant is proposing, the duration, a plot plan for the parcel, and any other information required by the City Manager or designee. The City Manager or designee is empowered to impose any conditions of approval as necessary to insure that the proposal satisfies the required findings set forth in this subsection. ii. Upon receipt of an application for a minor deviation, a notice shall be sent to the adjoining property owners describing the nature of the request and advising that any comments should be submitted no later than 10 days from the date the notice was sent out. A public hearing shall not be required. If the request is approved by the City Manager or designee, the planning staff shall transmit the City Manager or designee’s notice of the decision, with any appropriate conditions of approval, to the applicant and to each Planning Commissioner. The decision of the City Manager or designee shall be final and binding unless an appeal is filed within seven days from the date of the decision, or unless the application is called up for review by any member of the Planning Commission within seven days from the date of the decision. The planning staff, upon receipt of a timely request for Planning Commission review, shall schedule the matter for Planning Commission review at its next available meeting.

12. City Manager or Designee Review—Wireless Telecommunications Facilities. a. Applicability. The City Manager or designee is vested with the authority to review and approve applications for wireless telecommunications facilities pursuant to the provisions of Chapter 9.24 of this code or other applicable state or federal law. b. Required Findings. The City Manager or designee shall approve an application for a wireless telecommunications facility if the City Manager or designee finds the proposed wireless telecommunications facility is consistent with the adopted wireless telecommunications master plan, and that all of the requirements pursuant to Chapter 9.24 that do not conflict with state or federal law have been complied with. In lieu thereof, the City M anager or designee may approve an application for a wireless telecommunications facility if the findings specified in paragraph

11.c of this subsection D are made.

13. Director’s Review—Duplex and Triplex to read as follows:
a. Applicability. The Department Director is vested with the authority to review and approve applications for duplexes and triplexes that comply with all the requirements of Section 9.12.040.040 9.1

6.065, Special Requirements—Duplex and Triplex, and that d o not require approval of any discretionary action, including, but not limited to, a variance, zoning change, general plan amendment, or other entitlements.
b. Any duplex or triplex project that requires approval of a discretionary action shall be processed through a site plan review and the applicant shall pay the appropriate site plan fee and any other appropriate entitlement fee(s).
c. Required Findings. The department director Department Director may approve an application for a duplex or triplex if the following findings are made:
i. That the proposed action will not adversely affect th e City’s General Plan or Redevelopment PlanThat the proposed development will comply with all applica ble,

Garden Grove Focused Code Updates – Procedures and Hearings Public Hearing Draft – Sept 2022 14 objective standards, provisions, conditions and requirements of the general plan, Title 9, and other applicable ordinances and policies of the City, except to the extent excused from compliance pursuant to State law; and
ii. That no discretionary actions requiring review by the City Zoning Administrator, City Planning Commission or City Council are being proposed.; iii. That no adverse effects on the health, peace, comfort or welfare of persons residing or working on adjoining properties is created.;
iv. That all other applicable Title 9 provisions are complied with. d. Submittal Requirements. The applicant shall submit a complete application, plans and documentation, as identified in the duplex and triplex filing instructions, and pay the appropriate fees.
e. Notice and Review.
i. Upon receipt of an application for a duplex or triplex, a notice shall be sent to the adjoining property owners describing the nature of the request and advising that any comments should be submitted no later than 10 days from the date of the notice was sent out.

A public hearing shall not be required.
ii. If one or more adjacent property owners object to the proposal, the director may refer the review of the request to the Zoning Administrator or the Planning Commission where new public notices will be mailed per the public hearing noticing requirements, and a public hearing will be held.
iii. The department director Department Director is empowered to impose any conditions of approval, including conditions from other City departments, that are necessary to ensure that the proposal complies with all local, state and federal laws, and satisfies the required findings. iv. If the request is approved by the department director Department Director, the planning staff shall transmit the director’s notice of the decision, with any appropriate conditions of approval, to the applicant and to each Planning Commissioner. v. The decision of the department director Department Director shall be final and binding unless an appeal is filed within 10 days from the date of the decision or unless the application is called up to the Planning Commission for review by any member of the Planning Commission or City Council within 10 days from the date of the decision. vi. Any decision of the department director Department Director may be appealed to the Planning Commission, and shall comply with Sections 9.32.110 through 9.32.150, except as to the timeframe for appeal/call up.
vii. Any decision of the Planning Commission may be appealed to the City Council, and shall comply with Sections 9.32.110 through 9.32.150, except as to the timeframe for appeal/call up.

14. Main Street Outdoor Dining Permit for Outdoor Dining Areas in the Public Right-of-Way on Historic Main Street.
a. Applicability. Approval of a Main Street outdoor dining permit pursuant to this subdivision shall be required for any eating establishment located along Historic Main Street within the CC-2 zone to establish and maintain an outdoor dining area in the public right-of-way pursuant to the provisions of Section 9.18.090.050 of this title, Additional Regulations Specific to the CC-2

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Garden Grove Focused Code Updates – Procedures and Hearings Public Hearing Draft – Sept 2022 15 Zone. It shall be a condition of each Main Street outdoor dining permit that the applicant also obtain and maintain an encroachment permit from the City pursuant to Title 11 of the Garden Grove Municipal Code and comply with all conditions of such encroachment permit. Approval of a Main Street outdoor dining permit pursuant to this subdivision shall not constitute approval of said encroachment permit.
b. Review Authority.
i. Director’s Review. The Department Director is vested with the authority to approve, conditionally approve, or deny applications for Main Street outdoor dining permits, provided the applicant is not proposing the sale, service or consumption of alcoholic beverages within the outdoor dining area and approval of a discretionary action by the Zoning Administrator, Planning Commission, or City Council is not otherwise required. ii. Review by Hearing Body. Where an outdoor dining area in the public right-of-way is proposed in conjunction with another land use action that requires discretionary review pursuant to this chapter, the application for a Main Street outdoor dining permit shall be processed in conjunction with said land use action and reviewed by the applicable hearing body in conjunction with such discretionary review.
iii. Alcohol Sales. The sale, service and/or consumption of alcohol within an outdoor dining area in the public right-of-way shall also require approval of a new or amended conditional use permit pursuant to the provisions of Section 9.18.060, Alcohol Beverage Sales. c. Required Findings. The Department Director or applicable hearing body may approve an application for a Main Street outdoor dining permit only if all of the following findings are made:
i. The proposed outdoor dining area in the public right-of-way is consistent with the City’s General Plan, all applicable development standards and Building Code requirements, and all other applicable Title 9 provisions;
ii. The proposed outdoor dining area in the public right-of-way will be complimentary to, and not inconsistent with, the underlying dedication for public right-of-way or the City’s title or estate in the underlying public right-of-way;
iii. The applicant has demonstrated a satisfactory ability and willingness to comply with the Garden Grove Municipal Code and pertinent conditions to previously issued permits, licenses, and City land use approvals with respect to operation of the adjacent eating establishment;
iv. The proposed outdoor dining activity will not be materially detrimental to the public health, safety or general welfare and will not injure or unreasonably interfere with the property or improvements of other persons located in the vicinity of the proposed outdoor dining area; and
v. The City Engineer is prepared to issue an encroachment permit to the applicant for the establishment and maintenance of an outdoor dining area in the public right-of-way pursuant to Title 11.
d. Notice and Review.
i. Upon receipt of an application for a Main Street outdoor dining permit that is subject to review by the Department Director, a notice shall be sent to all owners of property with frontage on Historic Main Street between Acacia Parkway and Garden Grove Boulevard

Garden Grove Focused Code Updates – Procedures and Hearings Public Hearing Draft – Sept 2022 16 describing the nature of the request and advising that any comments should be submitted no later than 10 days from the date of the notice. If one or more property owners object to the application, the Director may refer review of the request to the Zoning Administrator or Planning Commission, where a public hearing will be noticed and held in accordance with the public hearing provisions of Chapter 9.32.
ii. The Planning staff shall transmit the Department Director’s notice of the decision, with any appropriate conditions of approval, to the applicant. The decision of the Department Director shall be final and binding unless an appeal is filed within 10 days from the date of the decision.
iii. Any decision of the Department Director or Zoning Administrator may be appealed to the Planning Commission, and the provisions of Sections 9.32.110 through 9.32.150 shall apply, except as to the timeframe for appeal.
iv. Any decision of the Planning Commission may be appealed to the City Council, and the provisions of Sections 9.32.110 through 9.32.150 shall apply. e. Conditions, Transferability and Scope of Rights.
i. The Department Director or hearing body is empowered to impose any conditions of approval on a Main Street outdoor dining permit determined to be necessary to ensure that the proposal complies with all local, state and federal laws, and satisfies the required findings. ii. It shall be a condition of each Main Street outdoor dining permit that the applicant also obtain and maintain an encroachment permit from the City pursuant to Title 11 of the Garden Grove Municipal Code and comply with all conditions of such encroachment permit.

Approval of a Main Street outdoor dining permit pursuant to this subdivision shall not constitute approval of said encroachment permit.
iii. It shall be a condition of each Main Street outdoor dining permit that the scope, nature, and character of use of the adjacent eating establishment remain substantially the same as at the time approved. In the event there are significant changes to the scope, nature, or character of use of the adjacent eating establishment, all rights conferred by a Main Street outdoor dining permit for that eating establishment shall cease, and the owner(s) of the eating establishment shall be required to apply for and obtain a new Main Street outdoor dining permit, if eligible to do so.
iv. In the event of a change of ownership of the adjacent outdoor eating establishment, where the scope, nature, and character of use of the adjacent eating establishment does not significantly change, a Main Street outdoor dining permit may be automatically transferred to the new owner(s) of the eating establishment upon written notice to the City, issuance of a new encroachment permit pursuant to Title 11, and execution by each owner of a written acknowledgment and agreement to comply with the conditions of approval of the permit in a form acceptable to the Department Director.
v. Approval of a Main Street outdoor dining permit pursuant to this subsection shall not be construed to grant the applicant or adjacent property or business owner any property interest in the public right-of-way or any entitlement to continued use of the public right-of-way. vi. Following investigation, written notice, and an opportunity to respond, a Main Street outdoor dining permit may be revoked or suspended by the Department Director: (a) in the event of suspension, revocation, expiration, or non-renewal of the encroachment permit; (b)

Garden Grove Focused Code Updates – Procedures and Hearings Public Hearing Draft – Sept 2022 17 upon failure of the business owner and/or operator to comply with the conditions of approval a
nd/or applicable legal requirements; or (c) if one or more of the required findings for approval of the permit can no longer be made with respect to the outdoor dining area in the public right-of-way. If the Department Director revokes a Main Street outdoor dining permit, the procedures for notice and appeal set forth in paragraph (d)(ii) through (iv), above, shall apply.

15. Requests for Reasonable Accommodation.
a. Applicability. Whenever relief is sought from the strict application of the City’s zoning and land use regulations, policies or procedures in order to provide an individual with a disability an equal opportunity to use and enjoy a dwelling, approval of a reasonable accommodation request shall be required. This section provides a procedure and sets standards for individuals seeking a reasonable accommodation in the provision of housing and is intended to comply with state and federal fair housing laws and other applicable laws relating to such reasonable accommodations. b. Requests for Reasonable Accommodation.
i. Any person with a disability, their authorized written representative, or a developer or provider of housing for individuals with a disability may submit a request for a reasonable accommodation.
ii. Requests for a reasonable accommodation shall be submitted on an application form provided by the City. The application shall include, but shall not necessarily be limited to:

A. documentation that the individual who is applying or upon whose behalf application is being made is an individual with a disability, applying on behalf of one or more individuals with a disability, or a developer or provider of housing for one or more individuals with a disability;
B. a description of the accommodation requested and the specific exception, modification or relief from the Code section, policy or practice that is being requested; C. plans and detailed information of any physical improvements to the property being proposed, including photos and supporting information necessary for the review authority to evaluate the accommodation being requested;
D. a detailed explanation as to why the accommodation requested is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the dwelling and how it will achieve this result; and
E. Any other information that the City Manager or designee reasonably concludes is necessary to determine whether the findings of this subsection can be made, so long as any request for information regarding the disability of the individual(s) benefited complies with applicable fair housing law protections and the privacy rights of the individual(s) affected. iii. When an application is made, the City may engage in an interactive process with the applicant to devise alternative accommodations that provide the applicant with an opportunity to use and enjoy a dwelling, where such alternative accommodations would reduce impacts to neighboring properties and residents of the surrounding area. c. Review Authority. The City Manager or designee is vested with the authority to approve, conditionally approve, or deny requests for reasonable accommodation. No public hearing is required.
d. Required Written Findings.
i. The review authority’s written decision to approve, conditionally approve, modify or deny a request for reasonable accommodation shall be consistent with all applicable Federal and State laws and shall be based on the following findings, all of which are required for approval:
(A) that the requested accommodation is requested by or on behalf of one or more individuals with a disability;

Garden Grove Focused Code Updates – Procedures and Hearings Public Hearing Draft – Sept 2022 18 (B) that the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling and will effectuate the accommodation;
(C) that the requested accommodation will not impose an undue financial or administrative burden on the City as “undue financial and administrative burden” is defined in fair housing laws and interpretive case law;
(D) that the requested accommodation will not result in a fundamental alteration in the nature of the City's zoning scheme or other City program, as “fundamental alteration” is defined in fair housing laws and interpretive case law; and (E) that the requested accommodation will not, under the specific facts of the case, result in a direct threat to the health and safety of other individuals or physical damage to the property of others.
ii. In making these findings, to the extent consistent with Federal and State law, the review authority may consider, without limitation, the following additional factors:
(A) whether the requested accommodation is being provided primarily to benefit individuals who are disabled;
(B) whether financial considerations make the requested accommodation necessary in light of the relevant market and market participants;
(C) whether the requested accommodation would result in a significant increase in traffic or insufficient parking;
(D) whether the requested accommodation would substantially undermine the policies of the general plan or any applicable specific plan;
(E) whether the requested accommodation would create an institutionalized environment due to the number of tenants being proposed and/or the congregation of facilities that are similar in nature or operation; and
(F) whether the requested accommodation would significantly deprive any neighboring property owners of the use and enjoyment of their own properties. e. Decision.
i. Notice of Decision. The review authority shall set forth the findings and any conditions of the approval in a written decision, which shall be sent to the applicant. The written decision shall inform the applicant of the right to appeal the decision and the time period and procedures for doing so.
ii. Conditions of Approval. In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the required findings set forth above.

Conditions may also be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation request shall be removed prior to the sale, transfer, lease, or other conveyance of the property, or once those structures or physical design features are no longer necessary to accommodate a person with a disability, or to reduce impacts upon neighboring properties, and the property owner may be required to enter into and record a restrictive covenant benefitting the City, in a form acceptable to the City Attorney, to ensure compliance with such conditions. iii. The decision of the City Manager or designee shall be final unless appealed by the applicant to the City Council within ten days. The procedures set forth in Section 2.60.060 of this Code shall apply to such appeals.
f. Expiration.
i. Expiration. Any approval or conditional approval of a reasonable accommodation shall expire and become null and void within one year from the effective date of the approval or at an alternative time specified as a condition of approval unless:

A. A building permit has been issued and construction has commenced; B. A certificate of occupancy has been issued;

Garden Grove Focused Code Updates – Procedures and Hearings Public Hearing Draft – Sept 2022 19 C. The use is established; or
D. A time extension has been granted.
ii. Time Extension. The City Manager or designee may approve one or more time extensions for a previously approved reasonable accommodation for good cause. Each time extension shall be limited to one year or less. A request for a time extension shall be made in writing to the City Manager or designee prior to the expiration date of the reasonable accommodation approval.
g. Effect of Approval; Revocation; Discontinuance..
i. Does Not Run with the Land. A reasonable accommodation approved by the City does not run with the land. Upon discontinuance or revocation of a previously approved reasonable accommodation request, the City may require the property owner and/or occupant(s) to bring the property into conformance with this Code to the extent that relief was granted as part of the request for reasonable accommodation.
ii. Revocation. After notice and an opportunity for hearing, the City Manager or designee may revoke any previously granted reasonable accommodation approval due to violations of any conditions of approval or laws in connection with use of the reasonable accommodation.

The decision of the City Manager or designee to revoke a reasonable accommodation shall be final unless appealed by the applicant to the City Council within ten days. The procedures set forth in Section 2.60.060 of this Code shall apply to such appeals. iii. Discontinuance. A previously approved reasonable accommodation shall lapse and be deemed null and void if the exercise of rights granted by the reasonable accommodation is discontinued for one hundred eighty (180) consecutive days and/or if the individual or individuals with a disability on whose behalf an approved reasonable accommodation was requested vacate the premises, unless, following consideration of a new application in accordance with this section, the City Manager or designee determines that (1) the modification is physically integrated into the residential structure such that it would be impractical to require the property to be returned to its previous condition, or (2) the accommodation is necessary to give another disable individual an equal opportunity for use and enjoyment of the dwelling.

The City Manager or designee may, at any time, request in writing the applicant or any successor-in-interest to the property subject to a previously approved reasonable accommodation to provide documentation demonstrating that the accommodation remains necessary to ensure the equal use and enjoyment of the property by an individual or individuals with a disability and/or continued compliance with the applicable conditions of approval.

Failure to provide such documentation with fifteen days of the date of such request shall constitute evidence of discontinuance of the exercise of rights granted by the reasonable accommodation.

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 1 Exhibit G (Special Housing Regulations)
Chapter 9.60 Special Housing Regulations

9.60.010 Purpose. The purpose of this Chapter is to implement specified provisions of State law pertaining to local regulation of housing development projects, including, but not limited to, the State Density Bonus Law, Government Code Sections 65915, et. seq . , the Housin g
Accountability Act, Government Code Section 65589.5, the Housing Crisis Act of 2019, Government Code Section 66300
, the No Net Loss Law, Government Code Section 65863 , and the Housing Element Law, Government Code Sections 65580 et. seq.

9.60.020 Review of Housing Development Projects.

A. Compliance with State Law.

1. Generally. Notwithstanding the provisions of chapter 9.32, a ll proposed housing development projects shall be reviewed in accordance with requirements and limitations imposed by State law, including, but not limited to, Government Code Sections 65589.5, 65915
-65918, 65583, 65584, 65863, 65905.5, 65913-65913.11 , 65940 -65945.3, 66300, 65650-65656, and 65660-65688. Except to the extent otherwise provided by State law, such review shall ensure that proposed housing development projects comply with all applicable, objective standards, provisions, conditions and requirements of the general plan, this chapter, and other applicable ordinances and policies of the City.

2. Findings Required for Disapproval of Housing Development Projects. As provided by State law , when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, a City hearing body or official shall not disapprove the project or impose a condition that the project be developed at a lower density unless the hearing body or official makes written findings, based on a preponderance of the evidence on the record, that (a) the project would
have a specific, adverse impact on public health and safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density, and (b)
there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact , other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. As set forth in subdivision (j)(1) of Government Code Section 65589.5, as used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, dir ect, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application for the housing development project was deemed complete.

3. Additional Findings Required for Disapproval of Housing Development Projects for Very Low, Low-, or Moderate-Income Households. As provided by State law, a City hearing body or official shall not disapprove a housing development project for very low, low
-, or moderate-income households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households, or an emergency shelter, including Exhibit "B"

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 2 through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as required by subdivision (d) of Government Code Section 65589.5. For purposes of this paragraph, “housing for very low, low-, or moderate-income households” shall have the meaning set forth in subdivision (h)(3) of Government Code Section 65589.5.

B. Consistency Review of Housing Development Project Applications. The Department Director shall be responsible for reviewing each application for a housing development project for consistency and compliance with applicable, objective general plan, zoning, and subdivision standards and criteria within the time period(s) prescribed by law. In accordance with subdivision (j)(2)(A) of Government Code Section 65589.5, if the Department Director considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision, the
Department Director shall provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons the Department Director considers the housing development to be inconsistent, not in compliance, or not in conformity.

For proposed housing development projects containing 150 or fewer housing units, the Department Director shall provide said written documentation and explanation within 30 days of the date that the
project application is determined to be complete. For proposed housing development projects containing more than 150 housing units, the Department Director shall provide said written documentation and explanation within 60 days of the date that the project application is determined to be complete. In accordance with subdivision (j)(2)(B) of Government Code Section 65589.5, a City hearing body or official may not disapprove a proposed housing development project on the basis that the proposed project is inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision not identified in the written documentation and explanation provided by the Department Director.

C. Discretionary Review of Housing Development Projects. Notwithstanding section

9.32.030 or any other provision of this title, the following provisions shall apply to the consideration of applications for site plans, conditional use permits, or other quasi-judicial land use permits required for the construction or operation of a housing development project, as defined in subdivision (h)(2) of Government Code Section 65589.5, which is not subject to ministerial review by the Department Director pursuant to subsection 9.60.020.D:

1. Public Notice and Hearings.

a. Except as modified by this section, land use permits for housing development projects shall be subject to the notice, hearing, and appeal procedures set forth in chapter 9.32.

b.

For so long as Government Code Section 95905.5 so provides and remains in effect, no more than five hearings or continued hearings shall be conducted in connection with consideration of an application for a housing development project, unless otherwise agr eed to by the applicant or the applicant’s designated representative. Said limit does not apply to any hearing to review a legislative approval required for a housing development project. The opening of a public

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 3 hearing solely for the purpose of continuing the hearing to a future date shall not count as one of the five allowed hearings, provided no substantial discussion by the hearing body occurs and no testimony is taken. The final review authority shall consider and either approve, conditionally approve, or disapprove the application at one of the five hearings allowed pursuant to Government Code section 95905.5; provided, however, that, unless otherwise provided by law, the application shall not automatically be deemed approved if the final review authority does not act on the application at one of the five allowed hearings.

2. Findings Required for Disapproval of Housing Development Projects. The findings set forth in subdivision D of section 9.32.030 of this title shall not be required to be made in order to approve an application for a land use permit for a housing development project. Rather, the hearing body shall approve an application for a land use permit for a housing development project unless it makes one or more of the following findings based on
the information presented at public hearing and/or on the record:

a. That the proposed development project is inconsistent, not in compliance, or not in conformity with one or more applicable, objective standards, provisions, conditions or requirements of the general plan, Title 9, or other applicable ordinances or policies
of the City.

b.

That the provisions of the California Environmental Quality Act have not been complied with.

c. That, based on a preponderance of the evidence on the record, the proposed
development project would have a specific, adverse impact, as defined in subdivision (j)(1)(A) of Government Code Section 65589.5, on public health and
safety unless the project is disapproved, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the
proposed project.

In addition, notwithstanding the foregoing, provided the provisions of the California Environmental Quality Act have been complied with, the hearing body may not disapprove an application for a land use permit for a housing development project for very low, low-, or moderate-income households, as defined in subdivision (h)(3) of Government Code Section 65589.5, or an emergency shelter, unless it also makes the written findings required by subdivision (d) of Government Code Section 65589.5.

3. No Net Loss Findings. I f the approval of a land use permit for a housing development project will result in fewer residential units by income category than projected for the site in the general plan housing element,
the “no net loss” provisions of Government
Code Section 65863 and Section 9.60.030 of this Code apply and the hearing body must also make the required findings. If the hearing body is unable to find that the remaining sites in the housing element are adequate to accommodate the City’s share of the regional housing need by income level, and the City is required to identify and make available

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 4 adequate additional sites pursuant to subdivision (c)(2) of Government Code Section 65863, the final review authority for the land use permit shall be the City Council.

4. Conditions of Approval. The hearing body may impose reasonable conditions of approval that are necessary to ensure that the proposal complies with all local, state and federal laws, and that impacts resulting from the development are adequately mitigated , subject to the following limitations imposed by State law:

a. The hearing body shall not impose a condition on approval of a land use permit for a housing development project that the project be developed at a lower density unless the hearing body makes written findings, based on a preponderance of the evidence
on the record, that the proposed development project would have a specific, adverse impact, as defined in subdivision ( j)(1)(A) of Government Code Section 65589.5, on public health and safety unless the project is disapproved or developed at a lower density, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the proposed
project or the approval of the project upon the condition that it be developed at a lower density.

b.

The hearing body shall not condition approval of a land use permit for a housing development project for very low, low-, or moderate -income households, as defined in subdivision (h)(3) of Government Code Section 65589.5, or an emergency shelter, in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as required by subdivision (d) of Government Code Section 65589.5.

D. Ministerial Review of Housing Development Projects. The following provisions apply in the event that State law or any provision of this Code requires a housing development project to be reviewed ministerially and/or designates a housing development project a “use by right” as defined in Government Code Section 65583.2
:

1. The Department Director may prepare application forms and provide blanks for such purposes and may prescribe the type of information to be provided in the application by the applicant. No application shall be accepted unless it is completed as prescribed.

All
such applications shall require fees to be paid in accordance with a resolution adopted by the City Council.

2 . The Department Director is authorized to review and approve or deny the proposed housing development project in accordance with applicable law. Decisions of the Department Director may be appealed to the City Manager, who’s decision shall be final.

3. If the ministerial approval of a housing development project will result in fewer residential units by income category than projected for the site in the general plan housing

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 5 element, the “no net loss” provisions of Government Code Section 65 863 and Section

9.60.030 of this Code apply and the Department Director must also make the required findings.

4 . Except to the extent otherwise provided by State law, the Department Director shall not approve a proposed housing development project unless it complies with all applicable, objective standards, provisions, conditions and requirements of the general plan, title 9 of this Code, and other applicable ordinances and policies of the City.

E. Standard Conditions for Housing Development Projects. The Department Director is authorized to promulgate, modify, and enforce standard conditions and requirements that apply to approved housing development projects, which implement applicable, objective State, City, and other local agency standards, provisions, and conditions, provided such standard conditions and requirements are consistent with the provisions of this Code and State law.

F. City Sponsored Housing Development Projects. Except as otherwise determined by the City Manager or designee, housing development projects which are owned or financially assisted by the City of Garden Grove or the Garden Grove Housing Authority, including, without limitation, emergency shelters, low-barrier navigation centers, transitional or supportive housing developments, and the conversion of existing hotels or motels to affordable housing or permanent supportive housing, shall be exempt from the development standards and procedures set forth in or promulgated pursuant to title 9
of this Code.

9.60.030 No Net Loss

A. Purpose . The purpose of this section is to implement the “no net loss” provisions of the Housing Crisis Act, Government Code Section 66300, and the No Net Loss Law, Government Code Section 65863.

B. No Net Loss Provisions Applicable to All Parcels Where Housing is an Allowable Use. In accordance with Government Code Section 66300 (Housing Crisis Act), notwithstanding any other provision of this Code, for so long as Government Code Section 66300 remains effective, where housing is an allowable use, the City shall not approve any land use application to change the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use.

Notwithstanding the foregoing, the City may, but shall
not be required to, change the land use designation or zoning of a parcel to a less intensive use if the City, in its sole and absolute discretion, concurrently changes the development standards, policies, and conditions applicable to other parcels within the city to ensure that there is no net loss in residential capacity city-wide . For purposes of this paragraph, “concurrently” has the same meaning as defined in subdivision (i) of Government Code Section 66300.

C. No Net Loss Law Provisions Applicable to Housing Element Parcels. In accordance with Government Code Section 65863 (No Net Loss Law), the following provisions shall apply with respect to any parcel of land identified in the City’s general plan housing element site inventory described in subdivision (a)(3) of, or a housing element program to make sites available pursuant to subdivision (c)(1) of,
Government Code Section 65583 for residential development to meet the

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 6 City’s share of regional housing need allocated pursuant to Government Code Section 65584 (a “housing element parcel”):

1. Reductions of Allowable Residential Density. Prior to or concurrent with approving a general plan amendment, specific plan amendment, zoning ordinance, planned unit development, or any other administrative, quasi-judicial, legislative, or other action to reduce, or require or permit the reduction of, the allowable residential density for any housing element parcel, the City body or official taking such action shall make written findings supported by substantial evidence of both of the following:

a. The reduction of residential density is consistent with the adopted general plan, including the housing element.

b.

The remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584. Th
is finding shall include a quantification of the remaining unmet need for the City’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.

Notwithstanding the foregoing, if a reduction in allowable residential density for any housing element parcel would result in the remaining sites in the housing element not being adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584, the City, in its sole and absolute discretion, may approve a reduction in allowable residential density on that parcel if the housing element is amended to identify sufficient additional, adequate, and available sites with an equal or greater allowable residential density so that there is no net loss of residential unit capacity city-wide.

2. Approval of Development of a Parcel at a Lower Residential Density.

a. Prior to or concurrent with approving an application to develop a housing element parcel with fewer units by income category than identified in the housing element for that parcel, or taking any administrative, qu asi-judicial, legislative, or
other action to otherwise allow development of a housing element parcel at a lower residential density, as defined in subdivision (g) of Government Code Section 65863,
the City body or official taking such action shall make a written finding supported by substantial evidence as to whether the remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584. This finding shall include a quantification of the remaining unmet need for the City’s share of the regional
housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 7 b. If the City review authority approves a development project on a housing element parcel results in fewer units by income category than identified in the housing element for that parcel and does not find that the remaining sites identified in the housing element are adequate to accommodate the City’s share of the regional housing need by income level, the City shall within 180 days identify and make available additional adequate sites to accommodate the City’s share of the regional housing need by income level in accordance with subdivision (c)(2) of Government Code Section 65863.

c. This subdivision shall not be interpreted to require the City to approve an application for any permit or legislative action associated with a proposed development project. However, pursuant to subdivision (c)(2) of Government Code Section 65863, the review authority for a permit for a proposed housing development project may not disapprove that permit on the basis that its approval would require the City to identify and make available additional adequate sites to accommodate the City’s share of the regional housing need.

3. Applicant Responsibility. If an applicant for a development project or land use permit requests in his/her/its initial application, as submitted, a non-residential development or a mixed-use or residential development at a residential density that would
result in the remaining sites in the housing element not being adequate to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584, the applicant shall assist the City to comply with the no net loss provisions of Government Code Section 65863
as follows:

a. The applicant shall identify and include with its application a list of additional potential candidate sites to accommodate the shortfall in the City’s share of the regional housing need by income level that would result from the proposed development project, along with such evidence as is reasonably requested by the Department Director necessary to show that such candidate sites are adequate sites pursuant to Government Code Section 65583.2 and proof that the owner or owner(s) of each such candidate site consents to rezoning and/or identification of the site in the housing element. To the extent allowed by State law, sufficient additional adequate sites must be identified before the application may be deemed complete.

b.

The applicant shall fund and/or provide outreach to p roperty owners and tenants of property within the vicinity of candidate sites as required by the Department Director, including, without limitation, the mailing of written notices and the advertisement and conduct of community meetings to provide information to interested community members about the identification and/or potential rezoning of the candidate sites.

c.

To the extent permitted by State law, the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation,

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 8 advice, analysis, and/or review or preparation of documents in connection with the identification of candidate sites and determination of their adequacy pursuant to Government Code Section 65583.2 and/or the preparation and processing of any required general plan and/or zoning amendments. Concurrent with submittal of an application for the proposed development project, the applicant shall execute a reimbursement agreement with the City in a form approved by the City Attorney and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the Department Director in his or her reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City.

9. 60.040 Residential Density Bonus

A. Application. In addition to any other review required for a proposed housing development project, applications for a density bonus shall be filed with the planning division. The application shall be filed concurrently with an application for the required land use action.

B. Processing. City staff shall process the application for a density bonus in the same manner as, and concurrently with, the application for the land use approval that is required by this Code.

C. Documentation. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios.

D. Replacement Housing Requirement. Pursuant to subdivision (c)(3) of Government Code Section 65915, the applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:

1. The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or

2. The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five-year period preceding the application; or

3. The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or

4. The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five-year period preceding the application.

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 9 E. Density Bonus Awarded. For a housing development qualifying pursuant to the requirements of Government Code Sections 65915 or 65915.5, the City shall grant a density bonus in an amount specified by Government Code Sections 65915 or 65915.5, as those sections may be amended from time to time. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

F. Calculation. For the purpose of calculating the density bonus, the "maximum allowable residential density" shall be the maximum allowable gross residential density established under the applicable development standards for the parcel(s), subject to subdivision (o) of Government code Section 65915.

G. Incentives/Concessions. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

H. Physical constraints. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it
finds that:

1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4. The waiver or reduction of the development standard would be contrary to state or federal law.

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 10 I. Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time.

J. Regulatory Agreement. The property owner(s) shall enter into a regulatory agreement with the City pursuant to Section 9.60.050 , which satisfies the criteria set forth in subdivision (c) of Government Code Section 65915.

K. Density Bonus Law.

1. Compliance. The applicant shall comply with all requirements stated in Government Code Sections 65915 through 65918. The requirements of Government Code Section 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.

2. Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915.

3. Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of Government Code Sections 65915 through 65918
. Any changes to Government Code Sections 65915 through 65918 shall be deemed to supersede and govern over any conflicting provisions contained herein.

9.60.050 Affordable Housing Regulatory Agreements

A. Purpose. The purpose of this Section is to establish minimum requirements and procedures for the preparation, execution, and recording of regulatory agreements establishing covenants to ensure the initial and continued affordability of income-restricted residential dwelling units required to be provided in conjunction with the approval of a housing development project pursuant a provision of this Code or State law.

B. Definitions. As used in this section, the following terms shall have the following meanings:

1. “Affordable Units” means residential dwelling units required to be made affordable to, and occupied by, households with incomes that do not exceed the limits specified in applicable law for middle income, moderate-income, lower income, very low income, or extremely low income households, as applicable, at an affordable rent or affordable housing cost, pursuant to State law or any provision of this Code.

2. “Owner” means the record owner or owners of the parcel or parcels on which a proposed housing development project containing affordable units is located.

3. “Regulatory Agreement” means an agreement entered into between an owner and the City pursuant to this Section.

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 11 C. Requirement for Regulatory Agreement. Whenever an applicant for a housing development project offers to or is required as a condition of development pursuant to State law or any provision of this Code to provide a specified number or percentage of affordable units as part of the project, the owner shall enter into a regulatory agreement with the City meeting the requirements of this section in the form approved by the City Attorney.

D. Required Provisions of Regulatory Agreements. Unless otherwise provided by law or authorized by the City Manager, each regulatory agreement shall include provisions addressing or requiring the following:

1. Identification of Affordable Units. The number, affordability level, unit size mix, and location requirements for the affordable units shall be set forth in the regulatory agreement. For mixed income projects, the regulatory agreement shall require that affordable units be integrated with the market rate units so that there is a mix of affordable and market rate units in each building, and shall contain provisions to ensure that the project complies with the requirements set forth in Health and Safety Code Section 17929. The regulatory agreement may allow the affordable units in a rental project to be “floating” units that are not permanently designated, provided that at no time shall a majority of the affordable units be congregated to a specific section of the project.

2. Timing of Construction. The regulatory agreement shall require that the affordable units be constructed concurrently with or prior to other units in the housing development project.

3. Affordability Period for Affordable Units. The regulatory agreement shall require that the affordable units remain affordable to, and be occupied by, persons and families of the required income level at an affordable rent or affordable housing cost, as applicable, for the minimum period of time required by law. Where a minimum affordability period is not otherwise specified by statute or ordinance, the required affordability period shall be a minimum of thirty (30) years.

4. Annual Tenant Income Verification and Certification. For projects containing rental affordable units, the regulatory agreement shall include uniform provisions requiring the owner to annually obtain written certifications from, and to verify that, each tenant household occupying an affordable unit meets the applicable income and eligibility requirements established for the affordable unit.

5. Eligibility of Initial Buyers of For-Sale Affordable Units. For projects containing for-sale affordable units, the regulatory agreement shall include uniform provisions requiring the owner to verify that the initial buyer(s) of each affordable unit be of the applicable income level and shall require the initial buyer(s) of each affordable unit to occupy the affordable unit at all
times until resale of the affordable unit.

6. Equity Sharing Provisions. For projects containing for-sale affordable units, the regulatory agreement shall contain provisions establishing an equity sharing arrangement consistent with the provisions set forth in paragraph (2) of subdivision (c) of Government

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 12 Code Section 65915. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture any
initial subsidy and its proportionate share of appreciation

7. Annual Compliance Report. Each regulatory agreement shall contain provisions requiring the owner to submit an annual compliance report containing specified information to the City in a form reasonably satisfactory to City Manager and to annually certify that the affordable units are in compliance with the requirements of the regulatory agreement.

8. Maintenance Standards. The regulatory agreement shall contain uniform provisions governing the owner’s maintenance obligations and the City’s rights in the event the owner fails to adhere to its maintenance obligations.

9. Recordkeeping Requirements. The regulatory agreement shall contain uniform provisions requiring the owner to maintain affordable unit sales documents, tenant leases, income certifications, and other books, documents, and records related to the sale or rental of the affordable units and operation of the project for a period of not less than five (5) years after creation of each such record; to allow the City to inspect any such books, documents, or records and to conduct an independent audit or inspection of such records at a location that is reasonably acceptable to the City Manager upon prior written notice; and to permit the City and its authorized agents and representatives to access the property and examine the housing units and to interview tenants and employees for the purpose of verifying compliance with the regulatory agreement.

10. Marketing Program. The regulatory agreement shall contain provisions requiring the owner (i) to prepare and obtain the City’s approval of a marketing program for the leasing or sale of the affordable units prior to the issuance of a certificate of occupancy for any portion of the project,
(ii) to thereafter market the leasing or sale of the affordable units in accordance with the marketing program, and (iii) to provide City with periodic reports with respect to the leasing or sale of the affordable units.

11. Management Plan. The regulatory agreement shall contain uniform provisions regarding property management and management responsibilities and shall require the owner to prepare and obtain the City’s approval of a management plan for the project prior to the issuance of a certificate of occupancy for any portion of the project, which sets forth in detail the owner’s property management duties, including, but not limited to, a plan to manage and maintain the site and the affordable units; procedures for the selection of tenants of rental
affordable units, including a description of how the owner plans to certify the eligibility of tenant households; procedures for annually verifying income and recertifying the eligibility of tenants of rental affordable units; the standard form(s) of rental agreement(s) the owner proposes to enter into with tenants of affordable units; procedures for the collection of rent; procedures for eviction of tenants; procedures for ensuring that the required number and unit size mix of rental affordable units in i s maintained and that “floating” affordable units do not become congregated to a certain area of the building or project; the owner’s procedures for complying with its monitoring and

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 13 recordkeeping obligations; the rules and regulations of the property and manner of enforcement; a security system and crime prevention program.

12. Provisions regarding Section 8 Certificates. For projects containing rental affordable units, the regulatory agreement shall include uniform provisions regarding the acceptance of
federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor (i.e., “Section 8 certificates”), which shall include the following requirements and limitations:

a. The owner shall accept as tenants persons who are recipients Section 8 certificates on the same basis as all other prospective tenants; provided, the owner shall not rent one of the affordable units to a tenant household holding a Section 8 certificate unless none of the housing units not restricted to occupancy by the affordability covenants are available. If the only available housing unit is an affordable unit, the owner shall no longer designate the housing unit rented to a tenant household holding a Section 8 certificate as an affordable unit, shall designate the next-available housing unit as an affordable unit, and shall make available, re-strict occupancy to, and rent such newly designated affordable unit to a qualified tenant at the applicable affordable rent pursuant to the affordability covenants, such that at all times reasonably possible all of the required affordable units shall not be occupied by tenants holding Section 8 certificates.

b.

Furthermore, in the event the owner rents an affordable unit to a household holding a federal certificate, the rental agreement (or lease agreement, as applicable) between the owner, as landlord, and the tenant shall expressly provide that monthly rent charged shall be the affordable rent required for the affordable unit (not fair market rent) and that the rent collected directly from such tenant holding a federal certificate shall be not more than the specified percentage of the tenant’s actual gross income pursuant to the applicable federal certificate program regulations; i.e., the rent charged to such tenant under the rental agreement shall be the affordable rent chargeable under the affordability covenant and not fair market rent for the area, as would otherwise be permitted under the applicable federal certificate program.

c. The owner shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants.

d.

If and to the extent these restrictions conflict with the provisions of Section 8 of the United States Housing Act of 1937 or any rules or regulations promulgated thereunder, the provisions of Section 8 of the United States Housing Act of 1937 and all implementing rules and regulations thereto shall control.

13. Annual Monitoring Fee. Each regulatory agreement shall contain a provision requiring the Owner to reimburse City for the estimated reasonable costs incurred by the City in monitoring the owner’s compliance with, and otherwise administering, the

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 14 regulatory agreement, including, but not limited to, City’s review of annual compliance reports and conduct of inspections and/or audits.

E. Recordation. Each regulatory agreement entered into pursuant to this section shall be recorded as a covenant against the property prior to final or parcel map approval, or, where the housing development project does not include a map, prior to issuance of a building permit for any structure in the housing development project. The regulatory agreement shall remain a senior, non
-subordinate covenant and as an encumbrance running with the land for the full term thereof.

In no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants.

F. Delegation of Authority . The City Manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the City. The City shall maintain authority of each regulatory agreement and the authority to implement each regulatory agreement through the City Manager. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, make and execute further agreements and/or enter into amendments of each regulatory agreement on behalf of City.

G. Fees. The City may charge a fee or fees to recover the City’s reasonable costs to implement the provisions of this Section. Any such fees shall be adopted by resolution of the City Council.

F. Reimbursement of Professional Fees and Costs. To the extent not factored into the fee or fees established pursuant to subsection G, in addition to such fees, the applicant and/or owner shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the following:

1. Preparation of the regulatory agreement.

2. Review of the initial marketing plan and management plan required as part of the regulatory agreement entered into pursuant to this section and any amendments thereto.

3. Review of annual compliance reports submitted by an owner pursuant to a regulatory agreement.

4. Inspections and audits.

9.60.060 Dwelling Unit Protection Regulations.

A. Purpose. The purpose of this Section is to implement subdivision (d) of Government Code Section 66300 (Housing Crisis Act), which requires developers of new housing development projects to replace demolished residential dwelling units and protected units and to provide relocation assistance and other benefits to existing occupants of demolished protected units.

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 15 B. Effective Period. This Section shall remain in effect for the period during which the provisions of Government Code Section 66300 pertaining to replacement housing and relocation benefits remain in effect. If said provisions are repealed, this Section shall be deemed repealed as of the same date and shall no longer be applied, unless otherwise provided by a later enacted ordinance.

C. Applicability. This Section applies to all housing development projects, as defined in Government Code Section 69505.5, whether involving discretionary or nondiscretionary approvals, including, but not limited to, the following:

1. A proposal to construct one or more single-family dwellings;

2. A proposal to construct an accessory dwelling unit;

3. A proposal to construct an SB 9 two-unit residential development;

4. A proposal to construct a duplex or triplex;

5. A proposal to construct a multiple-family dwelling; and

6. A proposal to construct a mixed-use development project consisting of residential and non-residential uses.

D. Definitions. As used in this section, the following terms shall have the following meanings:

1. “Affordable housing cost” has the same meaning as defined in Health and Safety Code Section 50052.5.

2. “Affordable rent” has the same meaning as defined in Health and Safety Code Section 50053.

3. “Equivalent size” means that the replacement units conta in at least the same total number of bedrooms as the units being replaced.

4. “Lower income households” has the same meaning as defined in Health and Safety Code Section 50079.5.

5. “Protected unit” shall have the same meaning as defined in subdivision (d) of Government Code Section 66300 and includes, but is not limited to, the following:

a. Existing or previously demolished residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the five-year period preceding the application submittal date; and

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 16 b. Existing or previously demolished residential dwelling units that are or were rented by lower or very low income households within the five -year period preceding the application submittal date.

6. “Relocation Assistance Law” shall mean Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and its related implementing regulations.

7. “Very low income households” has the same meaning as defined in Health and Safety Code Section 50105.

E. Replacement of Dwelling Units. If a housing development project will require the demolition of one or more residential dwelling units, the project shall create at least as many residential dwelling units as will be demolished.

F. Replacement of Protected Units. If a housing development project is located on a parcel or parcels on which protected units are or were located, the project shall comply with the following:

1. Number of Total Units Required. The project shall include at least as many total dwelling units as the greatest number of permitted dwelling units that existed on the project site within the five
-year period preceding the application submittal date.

2. Number of Replacement Protected Units Required. The project shall replace all previously demolished protected units and all existing protected units that will be demolished as part of the project in accordance with this Section. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number.

3. Projects Involving Demolition of Occupied Protected Units. If any existing protected units to be demolished are occupied on the date of application submittal, the housing development project shall provide at least the same number of replacement dwelling units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If a project site containing occupied protected units to be demolished also contains unoccupied protected units that will be demolished as part of the project, or previously contained protected units that were demolished within the five-year period preceding the application submittal date, the housing development project shall also provide at least the same number of dwelling units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income of the existing or last household in occupancy of any protected units is not known, it shall be rebuttably presumed that lower income renter households occupied these protected units in the same proportion of lower income renter households to all renter households within the City of Garden Grove, as determined by the most recently available data from the United States Department of Housing and Urban Development’s

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 17 Comprehensive Housing Affordability Strategy database, and replacement protected dwelling units shall be provided in that same percentage.

4. Projects Only Involving Vacated or Demolished Protected Units. If all protected units on the site of a housing development project are vacant or have been demolished within the five-year period preceding the application submittal date, the housing development project shall provide at least the same number of dwelling units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application submittal date to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these protected units in the same proportion of low-income and very low income renter households to all renter households within the City of Garden Grove, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database, and replacement protected dwelling units shall be provided in that same percentage.

5. Single-Family Projects Involving a Single Protected Unit. Notwithstanding subsections 3 and 4, above, if a housing development project consists of a single residential unit on a site with a single protected unit, that protected unit may be replaced with a unit of any size at any income level.

6. Location of Protected Units. Except as provided in the next sentence, dwelling units required to replace protected units shall be located on the same parcel or parcels as other units in the proposed new housing development project. Notwithstanding the preceding sentence, subject to approval of the Department Director, an applicant may locate a replacement unit on a different parcel in the City zoned for residential use, provided that (i) the development of units on different parcels is proposed as part of, and in the same, application as the remainder of the housing development project, (ii) the other parcel is zoned for residential use and all objective general plan, zoning, and other standards and requirements are met, and (iii) the applicant demonstrates that no residential tenants on the other parcel have been or will be displaced as a result of development of the replacement unit.

7. Timing of Construction of Replacement Units. All replacement units shall be constructed concurrently with or prior to other units in the housing development project.

The City shall not issue a certificate of occupancy for any other units in a housing development project until certificates of occupancy have been issued for the replacement unit(s).

8. Affordability Period. All rental replacement units shall be made available to lower or very low income households, as applicable, at an affordable rent for at least 55 years.

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 18 9. Regulatory Agreement Required. The record owner(s) of the property shall enter into a regulatory agreement with City pursuant to section 9.60.050.

G. Benefits to be Provided to All Occupants of Protected Units.

1. Right to Remain in Occupancy Pending Demolition. The record owner of an occupied protected unit that will be demolished as part of a housing development project shall allow the existing occupants of the protected unit to occupy the unit until six months before the start of construction activities with proper notice, pursuant to the Relocation Assistance Law. The record owner shall deliver a notice of intent to terminate residency to the Department Director
and to the occupant household.

2. Right to Return if Demolition Does Not Proceed. The record ow ner of an occupied protected unit that will be demolished as part of a housing development project shall allow any existing occupants of the protected unit that are required to leave the unit to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market. The notice of intent to terminate residency required pursuant to subsection a. shall include notice of this right. In addition, this right shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the Department Director.

H. Benefits to be Provided to Occupants of Protected Units that are Lower Income Households.

1. Right of First Refusal for a Comparable Unit in New Housing Development Project.

a. Except as provided in subsection H.1.b., below, the record owner of a protected unit that will be demolished as part of a housing development project shall agree to provide existing occupants of the protected unit to be demolished as part of a housing development project that are lower income households with a right of first refusal for a comparable dwelling unit available in the new housing development affordable to the household at an affordable rent or affordable housing cost. A comparable dwelling unit is a dwelling unit containing the same number of bedrooms as the demolished protected unit, except that where the protected unit is a single-family home that contains four or more bedrooms, a comparable unit is a unit containing three bedrooms. The right of first refusal shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the Department Director.

b.

Subsection H.1.a. shall not apply to (i) a housing development project that consists of a single residential unit located on a site where a single protected unit is being demolished, or (ii) units in a housing development in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for lower income households, unless the occupant of the protected unit qualifies for residence in the

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 19 new development and providing a comparable unit to the occupant would not be precluded due to unit size limitations or other requirements of one or more funding sources of the housing development project.

2. Relocation Benefits.

a. The applicant and/or the record owner of a protected unit that will be demolished as part of a housing development project shall provide existing occupants of the protected unit to be demolished as part of a housing development project that are lower income households with relocation benefits consistent with the requirements of the Relocation Assistance Law. By way of example, said relocation benefits may include, without limitation, advisory assistance in finding comparable new housing, payment of moving expenses, and rental assistance payments.

b.

The applicant shall engage a qualified third-party contractor or consultant (a “relocation consultant”) approved by the Department Director to determine the eligibility of occupants for benefits pursuant to this Section, prepare a relocation plan, an
d oversee the provision of the required relocation benefits.

c. The applicant’s relocation consultant shall prepare a written relocation plan consistent with the provisions of the Relocation Assistance Law, which plan shall be subject to review and approval by the Department Director. The relocation plan shall include, without limitation, provisions addressing the following:

i. determination of eligibility requirements;

ii. identification of eligible occupants;

iii. occupant interviews and needs assessments;

iv. an evaluation of the availability of comparable replacement housing within the relevant geographic area;

v.
identification of specific replacement housing options;

vi. the provision for relocation advisory services to affected occupants;

vii. a description of the relocation benefits available to eligible occupants;

viii. a process for the provision of benefits and the submission of benefit claims by eligible occupants;

ix. a process for occupants to appeal benefit determinations; and

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 20 x. procedures for providing the benefits required pursuant to Subsections G and H, above, including copies of the required notices, agreements, and other forms needed to implement the provision of said benefits.

d.

Prior to the issuance of a grading or building permit for the housing development project, the relocation consultant shall provide a letter to the Department Director
certifying that the relocation process has been completed and that all required relocation benefits have been provided.

I. Reimbursement of City’s Fees and Costs to Implement this Section.

A. Reimbursement of Professional Fees and Costs. If benefits are required to be provided to the occupants of protected units pursuant to Subsections G or H of this Section, the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the review of a relocation plan, notices, or other required forms and documents and the monitoring and/or enforcement of compliance with requirements for provision of benefits. Concurrent with or prior to the applicant’s submittal of any notice, agreement, plan, or other document requiring approval of the Department Director pursuant to Subsections G or H, the applicant shall execute a reimbursement agreement with the City in a form approved by the City Attorney and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the Department Director in his or her reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City.

Upon certification that all required benefits have been provided, the Department Director shall provide the applicant with an invoice containing an accounting of the actual legal and third-party consulting costs incurred by the City and the amount(s) of all deposits provided by the applicant. If the actual legal and third-party consulting costs incurred by the City for such review are less than the amount of the deposit(s) made by the applicant, the City shall reimburse the applicant for the difference at the time it provides the invoice. If the actual legal and third-party consulting costs incurred by the City exceed the amount of the deposit(s) made by the applicant, the applicant shall pay City the difference within thirty (30) days of receipt of the invoice from the City, and no grading or building permit for the housing development project shall be issued until said amount is paid in full.

B. In addition to the reimbursement of professional fees and costs pursuant to Subsection I.A., above, the City may charge a fee or fees to recover the City ’s other reasonable costs to implement the provisions Subsection (d) of Government Code Section 66300 and this Section. Any such fees shall be adopted by resolution of the City Council.

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 21 9.60.070 Transitional and Supportive Housing Projects

A. Transitional Housing and Supportive Housing. In accordance with subdivision (c)(3) of Government Code Section 65583, transitional housing and supportive housing are considered residential uses of property and shall be subject only to those approval requirements, development standards, and restrictions that apply to other residential dwellings of the same type or configuration
in the same zone.

B. Supportive Housing For the Homeless.

1. Notwithstanding any other provision of this Code, pursuant to Government Code Section 65651, a supportive housing for the homeless development shall be permitted as a use by right in any zoning district where multiple-family dwellings and residential/commercial mixed use
developments are permitted, including nonresidential
zones where multiple-family dwellings are permitted.

2. The Department Director shall review and approve or disapprove a proposed supportive housing for the homeless development within the time periods set forth in Government Code Section 65653.

3. The following provisions shall apply to a supportive housing for the homeless development:

a. The development shall be subject to the same objective development and design standards, policies, and fees that apply to multiple -family residential developments or multiple-family residential components of mixed-use projects in the zone in which the development is located; provided, however, that, if the proposed development is located within one-half mile of a public transit stop, no minimum parking requirements shall apply to the units occupied by supportive housing residents.

b.

The development shall satisfy all requirements set forth in Government Code Section 65651.

c. The applicant shall submit for review and approval by the Department Director a plan for providing on-site supportive services, along with supporting documentation, in accordance with Government Code Section 65652. Such on-site supportive services may include transportation services, counseling services, individual case management, job readiness training, assistance in applying for competitive employment, housing retention assistance services, health status improvement services, mental health services, drug rehabilitation services , p
arenting services, and budgeting and life skill services.

d. The property owner shall enter into a regulatory agreement with the City pursuant to section 9.60.050 to ensure compliance with the provisions of Government Code Section 65651 and this subsection 9.60.070.B.

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 22 C. Low-Barrier Navigation Centers.

1. Notwithstanding any other provision of this Code, a low-barrier navigation center meeting the requirements of Government Code Sections 65660 et. seq. shall be permitted as a use by right in any zoning district where residential/commercial mixed use developments are permitted and in any nonresidential zoning district where multiple- family dwellings are permitted.

2. The Department Director shall review and approve or disapprove a proposed low- barrier navigation center within the time periods set forth in Government Code Section 65664.

Agenda Item - 5.a.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Tom DaRé
Dept.: City Manager Dept.: Police Chief
Subject: Approval to participate in
the 2022-2023 Office of
Traffic Safety (OTS)
Selective Traffic Enforcement
Program (STEP). (Grant
Amount: $325,000) ( Action
Item)
Date: 9/27/2022

OBJECTIVE
To obtain City Council approval to participate in a Traffic Safety Grant through the California Office of Traffic Safety (OTS). The proposed grant the City is eligible to receive is $325,000.00 in federal funds to implement DUI/CDL Checkpoints and Selective Traffic Enforcement Operations.

BACKGROUND
The California Office of Traffic Safety awards grants to local law enforcement agencies through the University of California Berkeley Traffic Safety Center (TSC).

These one-year grants begin October 1, 2022, and end September 30, 2023. The Garden Grove Police Department has applied for and received similar grants dating back to 1996.

DISCUSSION
The grant that was applied for this year focuses on the reduction of persons killed and injured in alcohol-involved crashes by using “best practice” strategies. These strategies include driving under the influence (DUI)/Driver’s License checkpoints, DUI Saturation Patrols, Know Your Limits Campaign, Motorcycle Safety, Distracted Driving, Educational Presentations, Traffic, Bicycle, Pedestrian Enforcement, Collaborative DUI Enforcement, and Street Racing Operations/Enforcement. The Police and Finance departments will be responsible for providing the necessary reporting to fulfill the goals and objectives of the grant.

FINANCIAL IMPACT
The total amount for the 2022-2023 grant will be $325,000.00. There is no

requirement to hire additional personnel, and there are no out of pocket expenses. There is neither cost nor income to the City based upon participation in this grant.

RECOMMENDATION
It is recommended that the City Council:

Authorize participation in the Selective Traffic Enforcement Program (STEP); Accept the Office of Traffic Safety Grant Funds in the Amount of $325,000.00; Authorize the Police Chief, Finance Director and Finance Manager to execute the grant agreement on behalf of the City; and
Allocate these grant monies to fund Selective Traffic Enforcement Operations.

ATTACHMENTS:

Description Upload Date Type File Name
Grant Agreement 9/22/2022 Agreement
9-27-
22_OTS_Garden_Grove_-
_PT23034_-
_DRAFT_Grant_Agreement.pdf

•
• •
•

8/10/2022 5:45:40 PM Page 1 of 19

State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT23034

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Garden Grove From:

To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
Garden Grove Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $325,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jeremy Morse

Police Officer

[email protected]

(714) 741-5767

11301 Acacia Parkway
Garden Grove, CA 92840
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Scott Stiles

City Manager

[email protected]

714-741-5100

11222 Acacia Parkway
Garden Grove, CA 92840

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Patricia Song

Finance Director

[email protected]

(714) 741-5062

11222 Acacia Parkway
Garden Grove, CA 92840
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

8/10/2022 5:45:40 PM Page 2 of 19

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $325,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$325,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $325,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

ME8LG18RT6M9

11301 Acacia Parkway
Garden Grove
92840-5857
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

8/10/2022 5:45:40 PM Page 3 of 19

State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT23034

1. PROBLEM STATEMENT
In 2019, California experienced 3,540 traffic fatalities, a slight decrease from year 2018 which there was a reported 3,563 traffic fatalities. The Federal Government began recording traffic fatalities in 1975. California 2018 Mileage Death Rate (MDR)- fatalities per 100 million vehicle miles traveled is 1.02, compared to MDR in year 2017 with a report of 1.13. The fatality rate for the first quarter of 2019 decreased to 1.09 fatalities per 100 million vehicle miles traveled, down from the projected rate of 1.11 fatalities per 100 million VMT in the first quarter of 2018. The first quarter (January to March) of 2019 represents the eighth consecutive quarter with year-to-year decreases in fatalities and the fatality rate.

According to NHTSA's National Center for Statistics and Analysis report, in 2018 there were 10,511 fatalities in motor vehicle traffic collisions in which at least one driver had a BAC of .08 g/dL or higher. This totaled 29 percent of all traffic fatalities for the year. An average of 1 alcohol-impaired driving fatality occurred every 50 minutes in 2018. The estimated economic cost of all alcohol-impaired crashes in the Unites States in 2010 was $44 billion. Of the 2018 traffic fatalities among children 14 years of age or younger, 22 percent occurred in alcohol-impaired driving crashes. The 21 to 24 year old age group had the highest percentage (27%) of drivers with BAC's of .08 g/dL or higher in fatal crashes compared to other age groups in 2018. The percentage of drivers with BAC's of .08 g/dL or higher in fatal crashes in 2018 was highest for motorcycle riders (25%) compared to drivers of passenger cars (21%), light trucks (19%), and large trucks (3%). The rate of alcohol impairment among drivers involved in fatal crashes in 2018 was 3.4 times higher at night than during the day. In 2018 among the 10,511 alcohol-impaired driving fatalities, 67 percent (7,051) were in crashes in which at least one driver had a BAC of .15 g/dL or higher.

Using a cell phone while driving creates enormous potential for deaths and injuries on U.S. roads. In 2018 alone, 2,841 people were killed in motor vehicle crashes involving distracted drivers. Among those killed:
1,730 drivers, 605 passengers, 400 pedestrians and 77 bicyclists. An estimated 400,000 people were injured as a result of crashes involving distracted drivers in 2018. According to the National Occupant Protection Use Survey (NOPUS) passenger vehicle driver handheld cell phone use decreased from 3.3 percent in 2016 to 2.9 percent in 2017. The percent of drivers speaking with visible headsets while driving decreased from 0.5 percent in 2016 to 0.4 percent in 2017. Drivers' visible manipulation of handheld devices decreased from 2.1 percent in 2016 to 2.0 percent in 2017. The 2017 NOPUS found that handheld cell phone use continued to be higher among female drivers than male drivers. It also found that handheld cell phone use continued to be highest among 16 to 24 year old drivers and lowest among drivers 70 and older.

Distracted driving violations continue to be one of the most common cited violations by Garden Grove Police Department Officers.

The problem of drug driving continues to rise. According to the 2018 National Survey on Drug Use and Health (NSDUH) in 2018, 12.6 million drivers drove under the influence of illicit drugs. After alcohol, marijuana is the drug most often found in the blood of drivers involved in crashes. THC (delta-9- tetrahydrocannabinol) can be detected in body fluids for days or even weeks after use, and is often combined with alcohol. The vehicle crash risk associated with marijuana in combination with alcohol, cocaine, or benzodiazepines appears to be greater than that for each drug by itself. According to the Governors Highway Safety Association, 43.6 percent of fatally injured drivers in 2016 tested positive for drugs and over half of those drivers were positive for two or more drugs. Based on data from the National Highway Traffic Safety Administration in 2016, among drivers tested in fatal crashes, 44% had used a legal or illegal drug, compared with 38% who tested positive for alcohol. Per "TREDS", according to a 2014 study, there were 7,000 new marijuana users per day. After alcohol, marijuana was the most commonly detected drug among drivers killed in crashes in 2016, out of 44% of drivers killed in crashes who tested positive for drugs, 41% had used a strain of marijuana.

In the City of Garden Grove, there has been a total of 51 fatal traffic collisions since the beginning of 2016 to 2020. Of those fatalities 29 of them have involved impaired drivers, as well as over 147 other injury traffic collisions involving impaired drivers. The negative effects of drinking and driving have struck our community on several occasions and the Garden Grove Police Department is committed to using all resources available Page 1019 of 1101

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to combat the problem. The City of Garden Grove has taken a zero tolerance approach towards drunk/impaired driving over the five year period of time and have made over 1708 arrests and initiated several thousand citizen contacts related to DUI Investigations. The City of Garden Grove is committed to the safety of our citizens and has utilized DUI Checkpoints and DUI Saturation patrols as a means to deter, locate, and arrest alcohol/drug impaired drivers, as well as a means to provide educational opportunities to the members of the community. Through the opportunities granted to our department through the awarding of the OTS STEP Grant, we intend to continue our zero tolerance efforts towards the eliminating and alcohol/drug impaired driving. The efforts will focus on all motorists and citizens in the community. Through the use of Press Releases and social media platforms, an effort will be made to educate the community on the dangers of alcohol/drug impaired driving, the costs of being prosecuted for DUI/DUID, and alternative methods of transportation available to those that may consider driving while impaired.

The City of Garden Grove has seen a marked increase in the number of fatalities and injury collisions involving pedestrians and bicyclists. From 2016 through 2020 there were over 480 injury traffic collisions involving bicyclists and pedestrians with 21 of them being fatalities. The number of fatalities in Garden Grove involving bicyclists and pedestrians is more then all other fatalities combined including those involving impaired driving. The increase has been alarming to the community and in response a city wide campaign was launched in September, 2016 to address the problem. The Garden Grove Police Department Neighborhood Traffic Unit formed what is known as the Accident Reduction Team or ART team with personnel from our city's public works, traffic engineering department and community relations. Through a collaborative effort between all members of the ART team, we have identified and addressed traffic engineering issues that could lead to a decrease in these types of accidents, used Public Works to assist with the use of adequate traffic control measures in areas lacking the proper measures for safe bicycling and walking, and used our community relations department to get the message out through the use of city billboards, social media, press releases, city mailers and public service announcements that was filmed and used as an educational tool. As an enforcement and educational tool, the Neighborhood Traffic Unit has utilized grant funds to conduct heavily publicized bicyclist/pedestrian enforcement operations in areas targeted for high volumes of collisions and violations. These events are publicized using press releases and social media. The events have been live streamed on Facebook, clips have been posted on Instagram, and operations have been broadcasted on local news channels. Typically all of the comments from those following are very supportive and positive towards the operations. During each of the events that have been conducted since the inception of the Art team there has been an average of 130 citations issued for various violations related to bicyclist/pedestrian safety, including issuing motorists citations for failing to yield to bicyclists and pedestrians. In conjunction with the issuing of citations the strong Police presence is a reminder of the possibility of being issued a citation and an opportunity to have educational contacts with members of the community.

The Garden Grove Police Department Neighborhood Traffic Unit has participated in events such as the National Walk Your Child to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization, National Distracted Driver Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click It or Ticket Mobilization, NHTSA Summer Mobilization, National Child Passenger Safety Week and Pedestrian Safety Month. The Neighborhood Traffic Unit have presented various safety presentations to both senior citizens and school children, teens and adults. Flyers and safety messages related to pedestrian and bicycle safety have been deployed. With the help of both the Neighborhood Traffic Unit and members of the ART team, these flyers and safety messages have been distributed at various community events and over 1,000 reflective slap wristbands, reflector flashing lights and reflective lanyards were given to children year by year at community events and DUI/CDL Checkpoints.

According to the National Highway Traffic Safety Administration's National Center for Statistics and Analysis, in 2016 there were 5,286 motorcyclists killed on U.S. roadways. This was a 5.1 percent increase from 2015.

In addition, in 2016, motorcyclist fatalities occurred 28 times more frequently than passenger vehicle fatalities in motor vehicle crashes when accounting for vehicle miles traveled (VMT). NCSA reported that 28 percent of the total motor vehicle fatalities in 2016 were alcohol-impaired driving crashes across the U.S.

Alcohol-impaired driving fatalities for all vehicles increased by 1.7 percent, from 10,320 in 2015 to 10,497 in 2016. Twenty five percent of motorcycle riders involved in fatal crashes in 2016 were under the influence of alcohol. This is the highest percentage of alcohol-impaired drivers than any other vehicle types. In addition, 37 percent of motorcycle riders who were killed in single-vehicle crashes in 2016 were alcohol-impaired.

Motorcycle safety has become an issue in the City of Garden Grove. The Garden Grove Police Department Page 1020 of 1101

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experienced 3 fatality collisions involving a motorcyclist, and a total of 76 injuries related to motorcycle accidents from the year 2016 to 2020. These injuries resulted in hundreds of man-hours of traffic enforcement, putting the citizens of Garden Grove at even greater risk. From 2016 to 2020, approximately 75 percent of fatal and injury-combined collisions involved various Primary Collision Factors (PCF) such as DUI, DUID, unsafe speed, right of way violations, traffic control violations, pedestrian violations and improper turning movements.

The City of Garden Grove experiences a high volume of motorists that travel within the City to be traveling at unsafe speeds. Between 2016 to 2020, with funding by the OTS STEP Grant, the Garden Grove Police Department issued a total of approximately 8000 citations to motorists for unsafe speed on City streets. By conducting highly publicized operations with the use of social media platforms, use of city billboards, press releases and public service announcements, a sense of community partnership is established by informing the public with traffic enforcement education and the presence of mind to safely travel.

The Garden Grove Police Department continues to notice several arrestees and cited violators are not showing up for their notices to appear in court and are subsequently issued warrants for not appearing. This enables repeat offending and allows the public to be put at risk by conscious neglect of impaired drivers.

The same issues arise with the driver's whom have had their drivers license's suspended. Traffic violators are stopped daily by the Garden Grove Police Department and are found to have suspended driving privileges. This happens as close as the courtroom parking lot, where violators drive away directly after having their driver's license suspended.

The Garden Grove Police Department Neighborhood Traffic Unit has partnered up with the Huntington Beach Police Department and received the necessary training for the "Know Your Limit" campaign. Officers from both Police agencies have partnered up to educate patrons at local restaurants and bar establishments focusing on the importance of being responsible when consuming alcoholic beverages. The topic was to educate and inform patrons on the topic and consequences of drinking and driving.

Breathalyzer Intoximeters were voluntarily used by patrons to give them self-awareness pertaining to their blood alcohol content (BAC), which is a measurement of alcohol intoxication. For example, a BAC of 0.08, or

0.08% one tenth of one percent means there are 0.08 grams of alcohol for every 100mL of blood. Patrons are informed of their current status of impairment and educating them on finding other alternatives for traveling back home safe.

Car meet ups with the intention of street takeovers, sideshows and drag racing have become a growing concern throughout all cities in Orange County. It has especially been amplified by a novel Coronavirus pandemic, gaining in popularity and danger. Several times a week during the weekday and weekend nights, car meets have taken over private property lots where drivers perform dangerous sideshow maneuvers that put residents of Garden Grove in danger of getting hurt or even killed. These car meet up sideshows also take away from local establishments and take away the potential for customers at these businesses. The Garden Grove Police Department has a zero tolerance approach and saturate the area with a high Police presence, conducting traffic enforcement education and citing drivers for various vehicle code violations.

The Garden Grove Police Department has assisted the Santa Ana Police Department to combat the ongoing problem of street racing, intersection takeovers and sideshows. Police departments throughout Orange County formed the "Orange County Street Racing Partnership" which include Santa Ana PD, Garden Grove PD, Irvine PD, Costa Mesa PD, Fountain Valley PD, Buena Park PD and Huntington Beach PD. The goal and focus of the partnership is to combat illegal street racing and to protect city streets for safe passage of all travelers. This partnership was established in October of 2020. As a result to date, a total of 469 citations, 53 arrests and 39 impounds were completed to combat the issue of street racing.********

Fatal traffic collisions and traffic collisions involving criminal prosecution have increased within the City of Garden Grove over the last several years. Currently, the Garden Grove Neighborhood Traffic Unit utilizes a Leica Geosystems Total Station, which uses technology that is becoming outdated. Many departments are switching to 3D scanners to create a more detailed diagram of major scenes to aid in the documentation and prosecution of major traffic collisions, especially those involving great bodily injury or impaired drivers.

However, these systems commonly cost hundreds of thousands of dollars, require intensive technical training, and quickly become obsolete as technology rapidly progresses. In 2021, the Garden Grove Police Neighborhood Traffic Unit responded to 16 fatal traffic collisions which resulted in 19 fatalities. In 2021, Garden Grove Police officers responded to 1,176 reported traffic collisions. Of those collisions, 663 involved Page 1021 of 1101

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a significant reportable injury per the California Highway Patrol's Collision Investigation Manual standards.

Approximately 87 arrests were made subsequent to traffic collisions and referred to the District Attorney's Office for prosecution.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 5 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 5 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2

7. Send law enforcement personnel to the DRE Recertification training. 2

8. Send law enforcement personnel to SFST Instructor training. 1

9. Send law enforcement personnel to DRE Instructor training. 1

10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception 5

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basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.

11. Conduct DUI Saturation Patrol operation(s). 21

12. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
1 13. Conduct Stakeout operation(s) that employ police officers to observe the "worst of the worst" repeat DUI offender probationers with suspended or revoked driver licenses.
1 14. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
18 15. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
4 16. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 8 17. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
4 18. Conduct Know Your Limit campaigns with an effort to reach members of the community.
1 19. Participate in highly visible collaborative DUI Enforcement operations. 2

20. Participate in highly visible collaborative Traffic Enforcement operations. 2

21. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 22. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
5 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted this quarter.  All grant related purchases needed to implement the program should be made this quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

 Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 Page 1023 of 1101

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days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.

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 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT23034

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-23 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$185,000.00
402PT-23 20.600 State and Community Highway
Safety
$140,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-23 $12,000.00 5 $60,000.00
DUI Saturation Patrols 164AL-23 $4,000.00 21 $84,000.00 Warrant Service Operations 164AL-23 $2,500.00 1 $2,500.00 Stakeouts 164AL-23 $2,500.00 1 $2,500.00
Collaborative DUI Enforcement 164AL-23 $2,900.00 2 $5,800.00 Know Your Limit 164AL-23 $2,000.00 1 $2,000.00
Benefits for 164AL - OT @ 16.24% 164AL-23 $156,800.00 1 $25,464.00 Traffic Enforcement 402PT-23 $2,800.00 18 $50,400.00
Distracted Driving 402PT-23 $2,800.00 4 $11,200.00
Pedestrian and Bicycle Enforcement 402PT-23 $2,800.00 8 $22,400.00 Street Racing and Sideshow Enforcement
Operations
402PT-23 $4,500.00 5 $22,500.00
Collaborative Traffic Enforcement 402PT-23 $2,800.00 2 $5,600.00 Traffic Safety Education 402PT-23 $1,000.00 4 $4,000.00 Benefits for 402PT - OT @ 16.24% 402PT-23 $116,100.00 1 $18,855.00 Category Sub-Total $317,219.00
B. TRAVEL EXPENSES
In State Travel 402PT-23 $3,245.00 1 $3,245.00
$0.00
Category Sub-Total $3,245.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-23 $2,736.00 1 $2,736.00
Bicycle Safety Equipment 402PT-23 $1,800.00 1 $1,800.00 Category Sub-Total $4,536.00
F. INDIRECT COSTS
$0.00

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Category Sub-Total $0.00
GRANT TOTAL $325,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT23034

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Warrant Service Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Stakeouts - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Benefits for 164AL - OT @ 16.24% - Benefits breakdown:

WC - 14.79%
Medicare - 1.45%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Benefits for 402PT - OT @ 16.24% - Benefits breakdown:

WC - 14.79%
Medicare - 1.45%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

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Bicycle Safety Equipment - Safety equipment such as bicycle headlights/taillights, reflectors, and reflective arm and leg bands to be distributed during bicycle rodeos and other bicycle safety related events. Additional items may be purchased if approved by OTS.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT23034

CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
 23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended  Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94  23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs  2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
 2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).

The Subgrantee-

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 Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted;  Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
 Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
 Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance;  Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—

a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an Page 1031 of 1101

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employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements

The signed certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

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Instructions for Primary Tier Participant Certification (States)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions

(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment Page 1033 of 1101

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rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Participant Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

Agenda Item - 5.b.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: John Montanchez
Dept.: City Manager Dept.: Community Services
Subject: Award a contract to David
Volz Design Landscape
Architects, Inc., for Project
No. S-1298 to provide
consultant services for the
revitalization and expansion
of Woodbury Park. (Cost:
$678,146) (Action Item)
Date: 9/27/2022

OBJECTIVE
To request that the City Council award a contract to David Volz Design Landscape Architects, Inc., for Project No. S-1298 to provide consultant services for the revitalization and expansion of Woodbury Park.

BACKGROUND
On December 8, 2021, the City of Garden Grove Community Services Department was notified that it had been awarded a $6,000,000 grant from California Department of Parks and Recreation to help fund the revitalization and expansion of Woodbury Park, located at 13800 Rosita Place. The project includes revitalizing the three acre park, including the .5 acre expansion on Garden Grove Unified School District property, for a total of 3.5 acres. Included in the remodel of the 3.5-acre park project is the installation of a walking trail, outdoor fitness equipment, recreational swimming pool, two playground areas, picnic shelters, a skate spot, basketball courts, lighting, restrooms and parking lot.

DISCUSSION
On June 29, 2022, a Request for Proposal (RFP) was released for qualified design firms that would be interested in providing consultant services for the preparation of Plans and Specifications, including engineered cost estimate, for the revitalization and expansion of Woodbury Park. There were four qualified proposals received on July 27, 2022. The Source Selection Committee (SSC) scored each proposal based on the criteria that was provided in the RFP for a total of 400. The list below includes the names of the design firms and the SSC's total scores:

Firm Total Score:

David Volz Design Design Landscape Architects, Inc. 342 RJM Design Group, Inc. 330
Hirsch & Associates, Inc. 321
Interwest Consulting Group, Inc. 301

Following the review of these total scores for the four proposers, the SSC scheduled interviews with the two highest scoring proposers, David Volz Design Landscape Architects, Inc. and RJM Design Group, Inc. The additional points for these interviews were a total of 10 points per rater (for a total of 40 points). The following was the SSC's total scores including the interviews:

Firm
Total Score:

David Volz Design Design Landscape Architects, Inc. 375 RJM Design Group, Inc. 373

Based on the scores of the top two proposers evaluated and interviewed, the SSC recommends that the contract be awarded to David Volz Design Landscape Architects, Inc., for a total amount of $678,146 to provide consultant services for the revitalization and expansion of Woodbury Park.

FINANCIAL IMPACT
There is no financial impact to the City's General Fund. This contract is budgeted in the Capital Improvement Projects and funded by the Proposition 68 Statewide Park Development and Community Revitalization Grant Program.

RECOMMENDATION
It is recommended that the City Council:

Award a contract to David Volz Design Landscape Architects, Inc., in the amount of $678,146, for Project No. S-1298 to provide consultant services for the revitalization and expansion of Woodbury Park; and

Authorize the City Manager to execute the contract and make minor modifications as appropriate thereto, on behalf of the City.

By: Janet Pelayo
Community Services Manager
ATTACHMENTS:

Description Upload Date Type File Name
Agreement-
David Volz
Design
Landscape
Architects, Inc.
9/15/2022 Agreement PROFESSIONAL_SERVICES_AGREEMENT_DAVID_VOLZ_RFPS1298.pdf

•
•
Attachment B
Proposal
Pricing
9/15/2022 Backup
Material ATTACHMENT_B_PROPOSAL_PRICING_VOLZ.pdf
Attachment C
Contractor's
Proposal
9/15/2022 Backup
Material ATTACHMENT_C-_CONTRACTORS_PROPOSAL.pdf

1 PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made this day of , 2022, by the CITY OF GARDEN GROVE , a municipal corporation, ("CITY") and David Volz Design Landscape Architects, Inc., herein after referred to as “CONTRACTOR”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED _____________________.

2. CITY desires to utilize the services of CONTRACTOR to Provide Consultant Services for the Revitalization and Expansion of Woodbury Park per RFP S- 1298 Scope of Work, Attachment “A” and Contractor’s Proposal, Attachment “C”.

3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination. The initial term of the agreement shall be from full execution of the agreement through June 30, 2023, with an option to extend said agreement an additional three (3) fiscal years, for a total performance period of four (4) fiscal years. Option years shall be exercised one (1) fiscal year at a time, at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with CONTRACTOR’S PROPOSAL which is attached as Attachment “C” and is hereby incorporated by reference. Contractor is required to present evidence to support performed work. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with PROPOSAL PRICING (Attachment “B”). Contractor is required to present evidence to support performed work completion.

2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Scope of Work. The Scope of Work is attached as Attachment “A”, and is incorporated herein by reference. The Scope of Work and this Agreement do not guarantee any specific amount of work.

2 3. Compensation. CONTRACTOR shall be compensated as follows:

3.1 AMOUNT . Total Compensation under this agreement shall not exceed (NTE) amount of Six Hundred Seventy Eight Thousand One Hundred Forty Six Dollars ($678,146.00), through June 30, 2023, payable in arrears and in accordance with PROPOSAL PRICING , Attachment “B”. All work shall be in accordance with the requirements specified in RFP No. S-1298 and includes the following costs:

Project Costs $667,806.00
Commission and Council Reviews $2,020.00
Walk Through and Warranty Review 12 Months $3,320.00
Reimbursable Expenses $5,000.00
TOTAL CONTRACT AMOUNT $678,146.00

3.2 Payment For work under this Agreement, payment shall be made per invoice for work completed. Within 45 day of delivery of goods or completion of performance of services, CONTRACTOR must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on schedule included in PROPOSAL PRICING, Attachment “B”. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on schedule included in CONTRACTOR’S PROPOSAL , Attachment “C. All work shall be in accordance with RFP. No. S-1298.

3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.4 Termination. CITY shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance Requirements.

4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance and provide a Waiver of Subrogation in favor of the City.

3 4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.

4.3 INSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:

(a) Commercial general liability in an amount not less than of $1,000,000.00 per occurrence ( claims made and
modified occurrence policies are not acceptable);
Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(b) Automobile liability in an amount not less than
$1,000,000.00 combined single limit (claims made and
modified occurrence policies are not acceptable);
Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.

(c) Professional liability in an amount not less than $1,000,000.

Insurance companies must be admitted and licensed In
California and have a Best’s Guide Rating of A-,Class VII or better, as approved by the City. If the policy is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of the
agreement, and for a period of three (3) years from the date of the completion of services provided. In the event of termination, cancellation, or material change in the policy, professional/consultant shall obtain continuing insurance coverage for the prior acts or omissions of
professional/consultant during the course of performing services under the term of the agreement. The coverage shall be evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended “tail”
coverage with the present or new carrier.

An Additional Insured Endorsement, ongoing and completed operations, for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to city’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR.

4 CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall by excess of the CONTRACTOR’s insurance and shall not contribute with it.

If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.

5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

7. Independent Contractor . It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONTRACTOR shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

5 9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service of process.

a. (Contractor)
David Volz Design Landscape Architects, Inc.

Attention: David J. Volz, President/Secretary
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626

b. (Address of CITY) (with a copy to):

City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840

10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement.

Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.

13. Time of Essence. Time is of the essence in the performance of this Agreement.

14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement.

CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.

6 15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.

16. Indemnification. CONTRACTOR agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, o r interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR

17. Appropriations.

This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.

\ \ \ \

(Agreement Signature Block on Next Page)

7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By:___________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________
"CONTRACTOR"
David Volz Design Landscape Architects, Inc.

By: ___________________________

Name:__________________________

Title:___________________________

Date: __________________________

Tax ID No. ______________________

Contractor’s License: _____________

Expiration Date:_________________

If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

___________________________

8 RFP S-1298

ATTACHMENT “A”

SCOPE OF WORK

CONSULTANT SERVICES FOR THE REVITALIZATION OF WOODBURY

PARK IN GARDEN GROVE

PROJECT OBJECTIVE

The City of Garden Grove Community Services Department is requesting proposals from qualified design firms for the preparation of Plans and Specifications, including engineered cost estimate, for the revitalization and expansion of Woodbury Park as outlined in the scope of services.

BACKGROUND

Woodbury Park is located at 13800 Rosita Place, Garden Grove, California, 92843. A portion of this park location, including the area for expansion, is leased to the City by the Garden Grove Unified School District. The park, including the .5 acre expansion, is approximately three and a half (3.5) acres to be used for recreation space.

The City has been awarded a Statewide Parks Program Grant from California State Parks to revitalize and expand Woodbury Park.

SCOPE OF SERVICES

The consultant will develop all biddable design plans and specifications for the project that will include the following improvements: demolition of all existing amenities, with the exception of some of the existing fences and trees that will remain; and construction of new and expanded park space that will include a new basketball court area, new walking/running path around the perimeter of park, new outdoor exercise equipment stations, two new separate playground areas for 2-5 ages and 5-12 ages that include integrated shade canopy units and PIP playground surface, three new picnic shelters that include picnic tables and lighting, expanded and larger swimming pool area approximately 25 meters with six lanes, new wading pool adjacent to the swimming pool, new skate park/plaza, new parking lot area, new building restrooms, new pool house building, landscape improvements, irrigation improvements, and electrical improvements for new park lighting. Please use as a guide the conceptual plan in APPENDIX “C”.

9 Services to be performed by the Consultant shall also include the following:

 Consultant shall prepare design development plans and other documents that include a site plan, demolition plan, structural plan and details, electrical plan, plumbing plan, preliminary and final grading plan, accessibility plan, landscape and irrigation plan, while incorporating the City’s re quirements for water usage, and other applicable requirements for City approval and permitting.

Consultant shall use as a guide the attached conceptual design in APPENDIX “C”.

 The project site is located in a flood zone area. The Consultant will need to ensure that the plans comply with FEMA guidelines and that a flood elevation certificate is requested and issued.

 During the development of these plans, the Consultant may need to attend/facilitate at minimum two community/Commission/City Council meetings. Please include cost per hour for Consultant to attend/facilitate any additional meetings requested.

 Consultant shall prepare earthwork quantities, a detailed topographic survey and map of the site and the necessary surrounding areas including but not limited to utilities, a complete geotechnical investigation, preliminary and final WQMP, SWPPP, hydrology & hydraulics report, construction cost estimates, any necessary miscellaneous exhibits, legal descriptions, building elevation, and building sections incorporating the ultimate size and layout, and equipment locations, character and finishes of the entire project, including exterior elevations and finishes, and landscape.

 The Consultant shall conduct a complete utility search within the project area and determine service requirements from utility companies. As part of preparing the construction plans, the consultant shall notify all utility companies and verify in writing that utility companies have reviewed the preliminary and final construction plans and concur with the information shown. Consultant shall ensure utility companies have no restrictions or easements within the project boundaries. Coordination with all affected utilities or agencies shall be the full responsibility of the consultant.

Consultant shall be responsible for obtaining all necessary plans and clearances for all fieldwork. Consultant shall provide to the City copies of responses from the utilities regarding the location of their facilities and service requirements.

 The City of Garden Grove will coordinate the plan check of the documents submitted for City permits and Orange County Fire Authority permits.

Consultant shall incorporate revisions resulting from the plan check activities and other requested clarifications, notes and details of the City or other applicable agencies. Consultant fee shall include at minimum two design revisions requested during the plan check process.

10  Consultant shall provide digital copies of all files during the plan check process and of the approved final plans, including final engineering calculations, quantity and cost estimates, with all supporting files. All documents are the property of the City of Garden Grove.

 Obtain final approval of all plans from City of Garden Grove Building, Planning, Public Works and the Orange County Fire Authority and secure the status of ‘ready to issue permit’ on the complete plan set to commence project construction.

 Consultant shall attend project pre-construction meeting and provide office and field assistance during bidding and construction periods if the need for such assistance arises.

 Consultant shall assist City staff and Project Manager in the receipt of sealed construction bids and analysis thereof, including analysis of qualifications of bidders, and verification of responsiveness to the bid documents.

 During construction, Consultant shall provide project management & administration and construction support services including but not limited to responses to RFI’s, review and approval of submitt als, review of shop drawings, construction plan revisions, and development of final record drawings.

 The Consultant shall attend update meetings throughout the project, or as requested by City staff.

 Consultant must have a General Architect License and/or Landscape Architect License

 Consultant must have at least ten (10) years of notable experience

The most qualified consultant will be selected based directly on their related qualifications, including but not limited to: renovation experience preparing similar design development plans and specifications; experience with park revitalization projects; experience working with school districts; ability to produce biddable public construction contract documents; proven ability to complete high quality work within approved timeline; submission of thorough and complete contract documents; and reference checks.

The City will provide the following:

 Processing and approval of plans, specifications, and estimates for City Council approval.

 Review and advertising of the construction bids and construction contract award, including required duplication of contract documents.

11  Management and administration, inspection and materials testing of the construction contract.

PROPOSAL REQUIREMENTS

Content and Format
The proposal submitted shall be organized and presented in a logical format and relevant to these services.

The proposal should include the following:
• Transmittal/offer letter
• Page numbering
• Table of Contents
• Approach and Work Program
• Team Organization including an organization diagram and time commitment of key staff
• Statement of Qualifications including descriptions of similar projects by key staff to be assigned during the term of the contract
• Brief resumes of key staff
• Schedule of hourly rates and fees labeled as Attachment “B” • Proof of proper licensing
• See Page 9 of this RFP document for other documents that must be included in the proposal when submitted

Approach
A description of the Consultant’s approach and work program to meet the City’s objectives shall be included. It should explain the firm’s technical approach and methodology, as well as specific tasks and activities, laid out in an estimated timeline that will be performed to address the specific issues and work items. Firms are also encouraged to provide examples of environmental and maintenance friendly design elements that could be incorporated into the project.

Team Organization
The purpose of this section is to describe the organization of the project team including sub-consultants and key staff. A Project Manager and an alternate Project Manager shall be named who shall be the prime contact and be responsible for coordinating all activities with the City. An organization diagram shall be submitted showing all key team members and illustrating the relationship between the City, the Project Manager, key staff, and sub-consultants. There also should be a brief description of the role and responsibilities of all key staff and sub-consultants identified in the team organization.

Statement of Qualifications
The information provided in this section should describe the qualifications of the firm and key staff in performing projects within the past ten (10) years that are similar in scope and size to demonstrate competence to perform these services. In particular, direct experience with the following are highly preferred:
• Municipalities

12 • Public school districts
• California Division of the State Architect
• California Department of Parks and Recreation, Office of Grants and Local Services
• Management of multiple sub-consultants

References-APPENDIX “A” of the RFP document
The projects listed should be those that the key staff named for this project were responsible for performing. Information shall include:
• Names of key staff that participated on named projects and their specific responsibilities
• The client’s name, contact person, mailing address, email address, and telephone numbers
• A brief description of type and extent of services provided • Completion dates (estimated, if not yet completed)
• Total cost of the projects

There should be included in this section brief resumes of key personnel who will provide these services demonstrating their qualifications and experience. Resumes should highlight education, relevant experience, licenses, and specific responsibilities for services described.

Fee Proposal-Attachment “B”
The fee proposal should be based upon the required work hours by phase. Include a current fee proposal for various levels of staff who may participate in the project. Any reimbursable or other cost such as overhead and mark-ups should be identified and included in the fee proposal.

Scoring and Selection of the Consultant
Please see Section 8.0 EVALUATION OF PROPOSALS of this RFP document for the scoring criteria and point system that will be used to score the proposals. The most qualified consultant will be selected based directly on their related qualifications, including but not limited to the criteria listed in Section 8.0 EVALUATION OF PROPOSALS.

Landscape Architects and Park PlannersLandscape Architects and Park Planners DVD
David Volz DesignDavid Volz Design
Corporate Office
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
714.641.1300
Coachella Valley Office
78060 Calle Estado
La Quinta, CA 92253
760.580.5165
San Jose Office
111 North Market Street, Suite 300
San Jose, CA 95113
669.444.0461

DESIGNING LANDSCAPES THAT

CREATE COMMUNITY
www.dvolzdesign.com
July 27, 2022
Revised September 7, 2022
Sandra Segawa
Purchasing Division Manager
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
RE: PROPOSAL TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURE DESIGN SERVICES

FOR REVITALIZATION AND EXPANSION OF WOODBURY PARK
Dear Ms. Segawa,
We are looking forward to working with the City of Garden Grove. Our team of professionals has what it takes—expertise, enthusiasm, and exceptional service—to plan, design, and see to the successful completion of your projects.

Thank you for your consideration.

Very truly yours,

DAVID VOLZ DESIGN
David J. Volz, R.L.A. # 2375
LEED Accredited Professional, QSD/QSP

REVISED SEPTEMBER 7, 2022 -WOODBURY PARK, CITY OF GARDEN GROVE DVD 2 FEE SCHEDULE

PR DD LA SLD LD PD AD
Scope of Services $230 $200 $160 $155 $140 $120 $110
Task 1 - Project Initialization & Preliminary Engineering 16 8 16 8 8 8 64 10,800$ 36,202$ 47,002$ Task 2 - Design Development 8 40 40 32 40 16 176 27,280$ 6,900$ 2,875$ 37,055$ Task 3 - Construction Documents (60% & 90% submittals) 40 80 400 200 200 420 80 1420 207,400$ 65,831$ 49,991$ 46,000$ 31,992$ 401,213$ Task 4 - Final Construction Documents (100% submittal) 1 2 40 8 8 40 4 103 14,630$ 10,092$ 5,555$ 5,750$ 3,555$ 39,582$ Task 5 - Bidding Assistance 4 8 40 4 56 9,360$ 9,360$ Task 6 - Construction Period Services 40 100 440 80 80 740 118,000$ 8,809$ 2,875$ 3,910$ 133,594$ 109 238 976 208 248 588 192 2559 387,470$ 112,125$ 71,254$ 57,500$ 39,457$ 667,806$ Reimbursable expenses, printing, copying, postage, etc. 5,000$ TOTAL PROPOSED DESIGN FEE 672,806$
Optional Services
Commission & Council Reviews 4 4 2 2 12 2,020$
Walk Through and Warranty Review 12 Months 8 8 4 20 3,320$ Total
Hrs
Total FeeNV5
David
Sheegog
DWE DVD Fee
Jones &
Madhaven

F-EE PROPOSAL
~~~,~~

I I I I I I I I
~~~~~~~~~~~~~~~~~
REVISED SEPTEMBER 7, 2022 -WOODBURY PARK, CITY OF GARDEN GROVE DVD

FEE PROPOSAL

1. Park construction contract budget is $7.5 million, this budget was considered in the above fee proposal. Changes to this budget could require changes to this fee.

2. Only services specifically noted in the scope of services are included in the fee schedule. Services such as construction survey, utility potholing, etc. are not included.

3. See the subconsultant proposals attached for proposed services and additional excluded services.

4. Addition to the above the services and fees will be required if construction exceeds the ten consecutive calendar months. Construction period service will require more fees if construction exceed the length of construction previously mentioned.

5. The following project expenses will be billed at cost plus 15% administrative fee in addition to the professional fees listed above:
• Printing, copying, scanning, graphic, photography and reproduction services • Delivery, shipping and courier charges
• Subconsultant fees and expenses
• Agency fees, permits, plan check and inspection fees

6. The reimbursable allowance will only be billed as-needed.

7. Payments are due within 30 days from invoice date.

8. The rates shown are subject to periodic increases, including January 1st of each year, in accordance with any increase in the Consumer Price Index or other equal to cost index.

Principals $230/hr
Director of Design $200/hr
Senior Landscape Architects $175/hr
Director of GIS $165/hr
Landscape Architect $160/hr
Plan Check $160/hr
Senior Landscape Designer $155/hr
Senior GIS Analyst $155/hr
Landscape Designer $140/hr
GIS Analyst $140/hr
Project Designer/CADD Technicians I, II, III $110, 120, 130/hr GIS Technicians I, II, III $110, 120, 130/hr
Administration $110/hr

ASSUMPTIONS

HOURLY RATES SCHEDULE

WORK PLAN
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UNDERSTANDING & APPROACH
The refurbished Woodbury Park is going to be a great new recreation facility for the families of west Garden Grove. At one of the many well-attended community outreach meetings, a long time neighborhood resident commented that "this park will make a positive impact on this community". The refurbishment of this three and half-acre green space will provide unprecedented recreation access for this densely populated neighborhood.

The community-inspired design process included workshops and presentations in the spring of 2019 and in the fall of 2020. These well-attended meetings were held at Woodbury Park site, hosted by the city park's department. Many ideas and concerns were voiced by the many residents that attended those outreach meetings. The DVD park design team consolidated the community inspirations and ideas to create the final concept plan. This consensus plan is the Master Pl an that was the basis for the winning grant sub mission the DVD team helped to prepare last year.

KEY COMPONENTS, PROJECT PROGRAM
Design Development, Construction Documents, and the building of the park must meet the ambitious scope that the community helped to envision. DVD's studio is ready to deliver the program that the residents requested for Woodbury Park. The following program elements were promised, included in the grant program, and will be a part of this community-inspired refurbished park:

1. Children's Playground
a. Children's Playground "Jungle Theme" Ages 5 to 12
year olds, climbing features, rubber play surface, bench seating, shade sails
b. Children's Play Equipment "Jungle Theme" Ages 2 to 5 year olds, rubber play surface, bench seating, shade sails

2. Parking
a. Cynthia Street and Rosita Place access
b. Fenced and Gated Parking lot -33 spaces
c. Drop-off & pick-up zone

3. Sports and Activities
a. Basketball Courts -(1) full court, {2) half courts
b. Skate Elements & Obstacles -designed for
beginner skaters, teen hangout space
c. Recreation Swimming Pool -25m 6 lanes with wading
pool
d. Spectator seating inside and outside the compound
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WORK PLAN
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4. Exercise Opportunities
a. Perimeter Walkway -paved with adjacent unpaved trail, Exercise loop
b. Outdoor Workout Equipment -decomposed granite
surface
c. Skate plaza, sized to meet project budget

5. Group Gathering Space
a. Shade structure
b. Picnic & Game Tables
c. BBQ units
d. Rentable space

6. Pool Building & Park Restrooms
a. Main Restroom Building -park staff, storage, restrooms, and indoor/outdoor rental spaces, drinking fountain, bike rack and flagpole (600 SF)
b. Pool House -fenced and gated pool, shaded spectator
seating (1200 SF)

7. General and Sports Lighting
a. At all activity areas
b. Basketball courts

8. Other Park Features
a. Main pedestrian walkway 12' wide enhanced pavement
b. Park Signs
c. Bollards
d. Open lawn and fully renovated park landscape
e. Connection to Phyllis Place and school

9. Expanded Park Space
a. "Borrowed" space from school grounds
b. New fencing, irrigation

10. Sustainable Measures and Techniques
a. Stormwater collection and cleaning
b. Water efficient irrigation system
c. Recycled materials, 10% of construction materials
d. Drought tolerant, non-invasive plants
e. Added trees
f. Fully accessible drlnking fountain
g. Forest Stewardship Council Certified Wood
h. Protect existing trees where possible

APPROACH
The Master Plan (updated October 2020) will be the basis of a thorough design development process. Utility requirements and connections, grading, soils, stormwater engineering options will be considered. Access, security, and other items requiring close ~""~""''~'"''"~~""~~,~,,~"'""~"""~"''"'~""~'~''"'"""~'"~~"''"""~""""""~'''' WOO D B U RY PA R K , C I TY O F G A R D E N G R O V E It'" It 1 5

WORK PLAN
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coordination with the city will be considered and incorporated in the construction plan. Materials, finishes, theme elements, and constructions will be considered and recommended for approval by you and your city staff. The building floor plan, skate plaza elements, lighting, and all equipment will be selected for sustainability and put forward as recommendations for your consideration.

This design development work is essential to providing a cohesive and coordinated action plan for the project's construction documents. As we work through the many materials and product decisions, the DVD team wi 11 begin the construction documents and site engineering work. Upon approval of the design development plans, DVD's team will refocus on delivery of Construction Documents. Our team will provide a full engineering and architectural package. Our often used and well experienced civil engineers, architects, electrical engineers, and aquatic engineers will provide plans within their expertise. Our project architect will provide building plans and oversee the approval process.

DVD's project management will ensure a cohesive, biddable, and constructible plan set. Our project professionals will oversee an efficient review process that champions the communities' vision and the city's objectives.

This same team will be available through the construction period to ensure the vision of the park meets the communities' expectations. Sustainability in all aspect of the park design will be considered. Stormwater treatment, flood zone concerns, and site drainage plans will be carefully evaluated and engineered. Safety and security, vandalism deterrents and emergency vehicle access will be considered. Parking, access, and controls will be discussed as the design is developed. The DVD team has extensive park renovation experience, we will bring to the table recent relevant ideas and solutions for incorporation into the Woodbury Park Development Plans.
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M: Ui k. li I -GE· N E_R.AT. I ON AL PLAY G RQUNID,1S~
David Volz Design creates fantastic, wonder-filled, memorable play lots. Our firm has been widely recognized for delivering outstanding public park play environments that have garnered praise and accolades from local communities.
• Our whale fossil interpretive play space in Laguna Hills has been featured online biogs, local and regional newspapers and national magazines.
• The wagon train and pioneer play environment in Pioneer Park, Tustin, won several regional and state-wide awards, and was selected for a recognition by the National Recreation and Park Association.
• Our Stanton Train Park, Central Park, is featured in the CPRS District Ten Hall of Fame.
• Admiral Kidd Park, an award-winning play space, features kid size replicas of the four boats named for the Admiral. This Long Beach park was a featured stop on the state park operations annual tour of premiere park facilities.

Our play space design philosophy is built on the perspective of a kids-eye-view. Adventure, surprise, familiar and challenging settings, and themes, memorable spaces. Kids may not know the proper name of the park, but they know that there is a special play lot at airplane park, rocketship park, baseball coach park, train park, and tree house park. The goal is to create an immersive environment that will engage guests and create lasting memories.

We recognized the importance of providing for multi-generational intermingling, on the play lot, as caregivers overseeing the play space and for adults a calm, shaded comfortable surveillance spot to enjoy the space at the park. Our play area design reputation has lead to collaborations with all-access advocates and organizations.

We have designed several park play environments as the lead landscape architect for Shane's Inspiration.

This work and design workshops with emotionally and physically challenged stakeholder advocates has informed our design perspective on inclusive, accessible, and caregiver insights that influences our play lot design. One of DVD's most recent Shane's Inspiration play lots is located in El Carisa Park, an LA County Park.

At this park the interactive multi-story "equipment" is the center piece of an elaborate all access play environment. Access for all is provided within the terraced natural slope of the existing park terrain. There is plenty of seating for caregivers, play pieces that encourage multi-generational, multi-fun seeker collaborative play opportunities. This is a special park, well worth a trip to this Sylmar Community Park.
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SUSlA.tlN!ABI Ll;TY & LOW

WORK PLAN
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David Volz Design is committed to delivering public landscapes that are sustainable and beautiful. We embrace the principles of design that encourage stewardship of our resources, respect for the environment and creative sustainable practices. Through our affiliation with LEED's, we identify and quantify the sustainability of our designs. Our team has extensive experience with Public Works Agencies delivering storm water management practices that mimic natural hydrological cycles. We implement integrated management practices into every project.

Low Impact Design development (LID) is an alternative site design strategy that uses natural and engineered infiltration and storage to control storm water where it is generated. Projects under LIDs design are uniquely site specific in their effort to reduce runoff and volume, reduce pollutants and fertilizers, and maintain pre-development surface temperatures. All of which are problematic for conventional storm water management. Key goals include reducing downstream flooding, erosion, and scour from natural waterways. Benefits of LID practices include cost saving over expensive infrastructure.

Utilizing bio-swales and sunken lawns allow for the discernment and infiltration of runoff. Bio-swales offer opportunities for biodiversity utilizing native plant material that can remedy the degradation of native habitats. Additionally, LID aesthetics can enhance and beautify the built environment and landscapes by use of pervious pavers and alternative natural paving materials.

A beautiful and sustainable landscape starts with a clear understanding of the client's requirements, the site and environs and a creative approach to the design process. Water efficiencies, energy use reductions, waste reduction, recycled content and localized material's sourcing can all be quantified and are an integral part of our design. Resource conservation through the use and specification of recycled and reused materials and identification of locally sourced goods are important sustainability issues. Water resources are conserved through our thoughtful low water use planting schemes, precise irrigation layout and control systems, as well as, stormwater capture, cleaning and reuse. For pollution prevention, stormwater recycling plans are embraced and integral to our designs. On-site water detention, bio filtration, permeable pavement, and many other measures are creatively incorporated into the landscapes we design.

David Volz Design is dedicated to the opportunity and challenge of creating unique spaces and special places that draw inspiration from the environs and the community. David Volz Design believes the very definition of sustainability speaks of environments that are well used and enjoyed, and maintainable over time. We at DVD believe that the ultimate measure of sustainability of any public space has to be high use and enjoyment over the long term.
:······································· . • Low Impact Design Benefits • Reduce runoff/reduce
flooding
• Reduce pollutants &
fertilizer
• Reduce sediment runoff &
scour
• Improved infiltration
ground water recharge
• Cost savings over
conventional design
• Biodiversity in the urban
habitat
• Streamlined design
function ability
• Aesthetics
Low Impact Design IMPs
N on~Structural:
• Reduced impervious areas
• Disconnect from
conventional storm water
systems
• Reduce disturbed areas of
development
• Minimize grading/reduce
construction impacts
• Preserve natural drainage
and vegetation
Structural:
• Bioretention including
vegetated swales and bio­
swales
• Permeable pavements
• Green roofs
• Cisterns/ Recycling
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WORK PLAN
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COMMUNITY OUTREACH
For any community inspired design program, David Volz
Design envisions a robust community engagement process.

Our initial community meeting will be a participatory community brainstorming session focused on gathering ideas for developing a park master plan. Our preparation for this input will include site reviews and analysis of the plans and documents related to this park site. We will gather "seed" ideas from city staff and from our own site reviews. Our team will assist in the preparation of notices and graphics to get the word out -to invite and encourage the neighborhood community to help design their park.
:··············································································: . . • QUESTIONS WE WILL ASK THE COMMUNITY AT THE INITIAL •

COMMUNITY DESIGN WORKSHOP
. : • What would be appropriate improvements for this park - are there enhancements that the community would like to : explore?
: • What facilities are wanted and needed to support the current and future recreational needs at this park?
How can we best provide for access, security, and encourage appropriate uses?
• Are there items, facilities, or appurtenances that could require special attention or that could add to the park or the opportunities of the site?
• Is there a theme or interpretive elements that could make this a unique recreational space?
······························-··-·············································· These and many other questions will be asked and answered through the initial and follow-up meetings, whether in person or online, with the community. We will also bring forward social media responses obtained through electronic outreach and survey.

We will begin the initial workshop with an on-site tour of the park to clearly identify the setting. To foster the ~brainstorming" session, our team will introduce "seed'' ideas that will encourage thoughtful responses and open the discussion for brainstorming and continued idea generation. We will look to the community for ideas about possible improvements, including ideas for enhancement, family recreation and complementary opportunities to develop the design of an outstanding park plan. The community workshops that DVD facilitates are the best medium for finding out what the citizenry desires. Allowing the community to stand in a place of ownership aids in a smooth planning process. In the long term, this ownership translates into projects that are sustained by the community.

The DVD team will take the ideas and inspirations received from the community at the initial design charrette meeting and online lb ,.
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COMMUNITY OUTREACH
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responses and refine the ideas and proposed elements into initial concept plans. These conceptual layouts will be presented to city staff in an idea consolidation meeting. The best ideas and themes will then be refined into conceptual plans for the community to consider. The second community workshop will be a bit more formal. The refined initial concept plans will be presented, and the ideas reviewed. We will look for agreement from the participants on the elements which will become a part of the draft master plan.

Comments and input will be received to refine the park's vision and program and to obtain consensus for the proposed elements of the park. Following this vision consolidation meeting, a draft master plan and draft design report will be prepared. This plan will then be presented to the public and the Commission or Council for review and comment. Upon the city leader's direction a final master plan will be prepared.

The Master Plan, which will be the focus of our planning efforts, will be the culmination of the community's ideas being honed into a final graphic representation of the best development strategy for this park. A report will also be prepared outlining the input process and describing the program and development elements. Also, a preliminary construction budget will be a part of this project report.

DVD's COMMUNITY INSPIRED DESIGN PROGRAM

1. Initial Community Meeting/Design Charrette
• Initiation + Request for Assistance from Community
Clearly Define Design Objectives+ Challenges
• Review improvement options and alternatives
Facilitated Dynamic Interaction+ Brainstorming
• Participatory Design Charrette
• Idea Generation+ Sharing
Collect Ideas+ Inspirations from the Community

2. Second Community Meeting/Collective Vision/ Initial
Commission Review
• Develop Initial Concept Plans based on Community Input+ Inspiration
• Program Elements Review
• Idea+ Vision Consolidation
• Options, Alternatives+ Theme Considerations
• Concept Discussion + Recommendation
• Define Community Consensus+ Collective Vision

3. Draft Master Plan Review and Refinement
• Prepare Draft Master Plans based on Community Input
• Obtain Direction for Master Plan Preparation
• Resolve Outstanding Program or Plan Conflicts
• Review all Documents with City Staff

4. Master Plan Preparation and Presentation to Commission or Council
• Prepare Master Plan Documents
• Prepare Report Describing Process and Plan
. • Presentations to City Commission & Council 6f Plan + Report . ············································································~ ''"""''''""~'"'"'""'""'"'""""""""'"'"'"""""'""~'"'"'"""'"'"''''""'"""""'''"""" WOODBURY PARK, CITY OF GARDEN GROVE ltWID 20

GRAPH.JCS & RENDERINGS

WORK PLAN
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WHAT IF A VISUALIZATION OFAN IDEA COULD BRING CLARITY
TO THE DESIGN INTENT? COULD ALLOW FOR ENLIGHTENED
CONSIDERATION AND UNDERSTANDING?
The David Volz Design studio has a robust graphic design component, and skilled professionals adept at delivering graphics and images, including immersive 3-dimensional fly throughs that communicate our design ideas before moving ahead with the project's engineering.

Communication is the key to understanding. The photo-realistic renderings, computer-generated 3D models, and images of the project style, detailing, form, and function provide a clear understanding of the project concepts. Our creative and innovative designs are beautifully rendered for review and consideration of civic leaders, our collaborative partners, and the general public.

Our visualizations have resulted in great feedback and design considerations, great "Now I Get It" moments, and enthusiastic approvals of concepts, ideas, and projects.

The DVD team has proven capabilities for the graphic presentation of the ideas and the layout for review of the park's conceptual layout. We will prepare artist renderings, 3D fly through videos and photo realistic pictures to describe the many elements we plan to include in this development. We will ready all our renderings for social media posting and for use in city communications.

GIS CAPABILITIES
DVD leverages GJS to visualize and understand spatial data. We create maps and analyze data to identify patterns and relationships. The benefits include improved communication and efficiency as well as better management and decision-making.

MAPPING SERVICES -DVD is skilled at creatively visualizing, analyzing, and interactively exploring all spatial data and in producing and presenting high-quality cartographic outputs.

DATA CAPTURE AND CONVERSION -DVD has extensive experience harvesting data from authoritative sources, creating, capturing, and supporting field data verification efforts, and converting data and attributes (e.g. CAD-GIS, as-built construction document digitization) into useable formats.

ASSET MANAGEMENT -DVD's team is well-versed in all stages of managing assets: conducting asset inventories, determining existing programs and data, reconciling data, data upkeep, extrapolating and forecasting service and maintenance plans, and communicating statuses and progress to key stakeholders (e.g. public, decision-makers, policymakers) with effective web maps, apps, and dashboards.

DATABASE MANAGEMENT -DVD has extensive experience supporting small and large municipalities and private companies in GIS design (e.g. GIS Server, ArcG/S Online), implementation best practices, data editing, and integration with various 3rd party data sources and Extract Transform Load (ETL) processes.

CONSUL TING, CUSTOM SOLUTIONS, AND SUPPORT -DVD leverages GIS to bring value to its customers and is able to solve virtually any GIS or technology-related issue.

IN-HOUSE RESOURCES -We are well-versed in the following technology: Esri technology stack -ArcGIS, ArcMap, ArcGIS Pro, GIS Server, web GIS, dashboards, mobile applications, etc. Google Products -Google Earth, KMUKMZ files as inputs and outputs, Maplnfo and other GIS software -used Maplnfo extensively for -7 years as a Senior/Lead GIS Analyst at Deccan International; GRASS, R, and QGIS for research projects m. 11
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SCOPE OF SERVICES

WORK PLAN
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The DVD team knows the Garden Grove community, we have listened to the neighborhood's input regarding the proposed improvements during the concept plan phase. We will be sensitive to the community desires and put forward construction plans that embody the direction received from the neighborhood, your commission, and council. DVD professionals will partner with your city staff to develop the improvements and recreational opportunities envisioned for this great refurbishment of Woodbury Park. David Volz Design proposes the following scope of services to implement the program included in the grant application.

Task 1-Project Initialization & Preliminary
Engineering

1.01 Initial kickoff meeting with city project
staff
a. Review project criteria and program
objectives
b. Review procedures and design
schedule
c. Assign calendar dates to each
milestone

1.02 Data collection
a. Develop an understanding of the
design program, and the project
site
b. Compile and review existing record
drawings.
c. Review and identify environmental
issues and criteria, and
prepare associated reports and
documentation.
d. Collect utility information
e. Catalogue available documents
and plans

1.03 Preliminary Engineering Services
a. Site topographic survey
b. Geotechnical report and
recommendations
c. Initial Water Quality Management
Plans
DELIVERABLES + MEETINGS
Site survey
Geotechnical investigation report
Initial stormwater plan
Kick-off Meeting review meeting
Task 2 -Design Development

2.01 Design Development
a. Finalize schematic site and layout
plans
b. Major materials selection, types
and finishes
C. Area detailing
d. City staff presentation and review

2.02 Design Development Review Package
a. Design Development plans
b. Schedule of quantities
C. Detailing
d. Catalog cuts
e. Product literature
f. Updated materials and design
development package preparation

2.03 Architecture and Pool Review
a. Design development for the park
building
b. City reviews of building floor plan
and elevations
C. Pool layout, equipment review
DELIVERABLES+ MEETINGS
Design Development materials packet
Architectural and Pool design development
Presentations at two community/commission/
council meetings
Task 3-Construction Documents (60% & 90%
Submittals)

3.01 Initialize Construction Documents
a. Schedule verification
b. Program review and verification
c. Prepare base maps

3.02 Construction document package
""""'~""""""""'""''""'""'''"'""'~~'""""'""'~'''"""'""""""""""'''"""""'""''''' WOODBURY PARK, CITY OF GARDEN GROVE ID,Tlt 23

a. Prepare construction drawings
• Final engineering report
• Site construction plan and
details
• Grading and drainage
• Irrigation plan and details
• Landscape plan and details
• Architectural plans
• Electrical engineering plan
b. Utility coordination
c. Prepare technical specifications
d. Prepare construction cost
estimates

3.03 Prepare SWPPP preliminary study

3.04 Provide for flood zone requirements,
comply with FEMA guidelines

3.05 Prepare WQMP

3.06 Internal quality control review

3.07 Submittal/review at 60% & 90%
DELIVERABLES + MEETINGS
Plans, specifications, and construction
estimate (60% & 90% submittals)
Review meetings with city staff (3)
Task 4 -Final Construction Documents

4.01 City project team meeting

4.02 Revise construction document
package
a. Update plans based on plan check
comments
b. Update technical specifications
c. Update construction cost estimates

4.03 Internal quality control review

4.04 Submittal/review at 100%
DELIVERABLES+ MEETINGS
Plans, specifications, and construction
estimate (final plans)
Review meetings with city staff (2)

WORK PLAN
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Task 5 -Bidding Assistance

5.01 Preparation of addenda as required

5.02 Bid review

5.03 Respond to requests for information/
clarification

5.04 City staff and construction
management support
DELIVERABLES+ MEETINGS
Pre-bid job walk
Addenda reply
Bid review
Task 6 -Construction Period Services

6.01 Attend pre-construction conference

6.02 Prepare responses to request for
information

6.03 Review and reply to submittals

6.04 Attend weekly or bi-weekly
construction meetings and prepare
summaries
a. On-site progress reviews
b. Prepare bulleting as required
c. Prepare clarifications

6.05 Review change order requests and
provide opinion

6.06 Provide consultant services for
electrical, archltectural, & structural
elements

6.07 Final walk through and punch list
preparation
DELIVERABLES+ MEETINGS
Attendance at pre-construction conference
On-site reviews by design team member
Submittal review, clarifications
"'"'""'"'"'''""""''"""""'~"'""'"''''"""'"''"'~'''""'""""'''''""''""""'"'"'"''''''""" WO O D B U R Y PA R K, C IT Y O F G A R D E N G R O V E 01) \\' II~ 24

PROJECT SCHEDULE

WOR K PLAN
~~,,,~~'~'''''~~,,,,,,,~~,,,,,~,,,,,,,~,,,
Our staff will work with you and your team to maintain the project schedule. Maintaining a project schedule means understanding the strength of a team and necessary lead time to accomplish interdisciplinary projects. For example, base sheets need to be progressed sufficiently prior to Civil design. Similarly, lighting can be refined in concept design and refined at 30% construction documents.

Documenting scope and understanding realistic timelines takes experience. The most important tool in maintaining progress is weekly meetings internally with the design team to establish goals and milestones. Communication with city staff is also essential to ensure input is received and clear direction is passed along to consultants. Our team including our trusted consultants NV5 and Design West Engineering, have a proven track record of establishing and adhering to project schedules.

Scope of Se/\/lces
1E
Task 2 Des1g.n Dt>vi!lopml!nt
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Wcrkettan:

MONTH 3 MONTH4 t,AQNTH S M0'4THG MONTH 7
,. !.Ii""" 1.Q~ ""'-'K ll 1 Wll l~l \'.IKJ] :W¥, IcI Wf..15. \""-16 \l',1',,11! Wll u 1 \"It, 10! WJ:ZO ~2±~12"1 Wl':.2:JlWK24llo'\IK2i\.'/t.2'r'l!l:~W!(.21l1W,. 2':11 rN3( ~ 1\~~"-_l~ \W ~lvne.JJ I \'/!(Joi; "'"' :fii WK M I Wk n J,•,x --i Wk3'J1 Wlt<AOI MONTH~ MONTH 9 MONTH 10
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■ M1le'Stone- D Clty review
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iki-nnded
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WORK PLAN
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QUALITY CONTROL
DVD has an established quality control and assurance program that we undertake for all our design services, and for this project. The Principal-in-Charge will be responsible for implementation of these Quality Control measures. The primary elements include:

Verification that required deliverables and documents noted in the Scope of Work are provided.

A Peer Review will be conducted by our senior professional staff to solicit critical comments and verify correctness.

Retention of documents with highlighted markings and red-line comments, and verification that required revisions are incorporated into the updated documents. • Continual assessment and tracking of project schedule and budget against baseline data. • A complete construction review for constructability and biddability of the complete PS&E package will be assigned to experienced professionals on staff prior to final submittal to our client.

1. Project Initiation
Quality Assurance Review
• Goals and objectives defined
• Scope of work defined
. • Budget identified . . Schedule established .

3. Design Confirmation
Quality Assurance Review
• Program and materials finalized
• Recommended solutions refined
• Final design defined
Notice
Proce
to . Problem areas identified . • Budget review Deliver Checklist reviewed ed . Checklist prepared . . : • e •••• I •••• I I.••• e • • •a•• e ••Ill 'f. I I I.•.• e 11 •••••••••••••• ' •••••••••••••••••••••• . .

Project . Initialize Design
~ Planning Project Development
.
••••a• e ••••ill.••• ... •••• e • 11 •••Ill• e • e • ♦ ♦ ••

2. Work Plan
Quality Assurance Review j
• Goals and obJectives reviewed ;
• Work plan reviewed •
. .

Final Final
Design . Corrections .

4. Constructability
Quality Assurance Review
• Quality assurance check for
completeness and format
to Client
t--Printing i....a... ••••
• Alternative and ,
preliminary solutions evaluated : • Verification check for completeness • Recommended :
solutions defined
• Biddability and constructabil1ty
review
WHY CHOOSE DAVID VOLZ DESIGN?
Creative
Designers of
Public Spaces
Cost Controls
and Quality of
Design witll Rich
Detailing
Online Public
Outreach Expertise
Cornmunity
Inspired Park
Design
Award Winning
Park and Sports
Field Design
Experience
1n Delivery of
Projects
'"'''""""'"'''""~'"'""""""""""'""""''"''"''"'''"'"'""'"'""'~'''"''"'"'""""'"''""" WOO D B U R Y PA R KI C I TY O F G A R D E N G R O V E If),, ell) 26

PROJECT TEAM ,~'&,,,,,,~,,~'&,~'&,,,,,,,,~'&,,'&~,,,,~,,,,

ORGANIZATIONAL CHART
Our creative designers have the background and expertise to deliver outstanding landscape architecture seNices
for your city's project. The DVD key team members are
experienced and talented professionals and they will be supported by a team of licensed landscape architects,
several very capable designers, sub consultants, and
support staff. The team will deliver:

CREATIVITY -We will provide you with unique and innovative solutions which will meet and exceed the expectations of the city. The project designs we put forward will creatively address the sites' development requirements, sustainability, the unique relationship to the nearby neighbors, program priorities, accessibility and recreation balance.

COMMUNICATION -DVD will continually keep you and
your staff informed from the start and throughout all the projects' phases. Communication will be consistent and
clear with all parties through completion of project.

EXPERIENCE -DVD will provide a design team that has a
history of working successfully with cities as an extension of Staff and providing project design and coordination in the development of dozens of award winning projects.

INTEREST IN YOUR PROJECT -DVD is ready to take on
your projects and bring them to successful completion.

DVD is focused on delivering outstanding public facilities to communities throughout California. Our team is dedicated to the success of your projects!
PROJECT MANAGER -David Volz, landscape architect
will seNe as principal in charge. Luis Pedraza, landscape architect will manage the project and be supported by the DVD staff and our team.

David Volz Design looks forward to a long relationship
with your city. We are committed to delivering high quality services, designs, reports, documents, and support to the city.
:··············································: City of Garden Grove , Woodbury Park Expansion : ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, • DAVID VOLZ DESIGN ~
·••f .

LANDSCAPE ARCHITECTS, INC :

David Volz, RLA #2375,

LEED AP, QSD/P
Principal in charge
Gary Vasquez, RLA #3883
Director of design
Erle Sterling. RLA #5463
Senior Land,cape Arc/,ilect
Kevin Volz, GISP
Director of G(S
Luis Pedraza, RLA #6782
La11dscape Architect
Paul Cassar
Senior Lrmtl<rnpe De.1ig1w1·
Angela lee
Land,cape Designer
Dana Bull
Lrmdscapc De.1ig11er
Michelle Maldonado
CAD Tec/mician
Xitlali Casarrubias
CAD Technicimr
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: NV5 :
. . . ••• •I
Ci1•il Engineer
: David Niknafs, P.E. :
: Pro'}·ect Manar,er I Senior Civil Enl!ineer : s ••••••••••••••••• ~ ••••••••••••••.•. y •••••••••.• :············································••t .
. .
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DESIGN WEST ENGINEERING
Electrical E11gineer
Leo Maya, P.E., E19480
Senior Electrical Engineer
Roy Moralas, P.E.

Project Ma11uge1· I Senior Elecn·ical Designer •
1 •••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••• • DAVID SHEEGOG ARCHITECT :

Archilecfllral Services
: David Sheegog •
: Proiect Mana}!er/Princioal Architect : l::111:1,,,,,,,,,,,,1:1:1111t,:1::::1111111111,1 • JONES AND MADHAVEN
Mechanical Enginee1'ing
• • ': Nachi Madhaven, C25855
Architect
Doug Jones, M25446 ,
: Proiect Manaaer I Mechanical E11vineer :
·······~·~········~···············••?···········
"~"'~'''''''""'""'&'"''''''~"'~''''"~'~~,,,~,""""'""~~"''''"~'~"'&'""~''""""'''''''~~" WOO D B U R Y PA R K, C I TY O F G A R D E N G R O VE EJD ,, It 27 Agenda Item - 5.c.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Award a contract to Stephen
Doreck Equipment Rentals, Inc.,
for Project CP1286000 –
Orangewood Avenue – Dale
Street Water Improvements
Project. (Cost: $2,719,470)
(Action Item)
Date: 9/27/2022

OBJECTIVE
To recommend that the City Council award a contract to Stephen Doreck Equipment Rentals Inc., for construction of Project No. CP1286000 – Orangewood Avenue – Dale Street Water Improvements Project.

BACKGROUND
The City’s 2020 Water Master Plan Update has identified 228 miles of AC pipeline installed in the 1950's to be replaced under the Water Main Replacement Program, as these pipes are nearing the end of their design useful life. At the same time, the Master Plan recommends that the City target smaller diameter mains in its replacement program and prioritize areas with lowest fire flow availability.

In considering the above criteria, the Orangewood Avenue – Dale Street Water Improvements Project area was selected. The project consists of constructing new 8 and 12-inch water mains and abandoning existing undersized 6-inch AC water mains in the unincorporated area of Orange County. The entire project consists of approximately 6,100 linear feet of 8-inch pipe and 1,700 linear feet of 12-inch pipe including fittings and appurtenances, trenching, shoring, backfilling, compaction, asphalt repair & replacement, street replacement and pipe disinfection and testing. It also includes the construction of approximately 13 hydrant assemblies, 169 water service connections and five (5) connections to existing water mains.

DISCUSSION
Eleven (11) bids were received and opened by the City Clerk’s Office on August 29, 2022, at 11:00 a.m. (see Bid Summary Sheet). The lowest responsive bidder is Stephen Doreck Equipment Rentals Inc., with a total bid of $2,719,470. The licenses and references of the contractor have been reviewed and verified by staff, and all other documentation is in order.

The anticipated contract schedule is as follows:

Award contract September 27, 2022
Begin construction October 31, 2022
Complete construction July 24, 2023

Complete construction July 24, 2023

FINANCIAL IMPACT
There is no impact to the General Fund. This project is included in the 2022-2023 Capital Improvement Budget, and will be financed with Water Funds, in the amount of $2,719,470.

RECOMMENDATION
It is recommended that the City Council:

Award a contract to Stephen Doreck Equipment Rentals Inc. for $2,719,470 for the construction of Project No. CP1286000 - Orangewood Avenue – Dale Street Water Improvements Project; and

Authorize the City Manager to execute the agreements on behalf of the City and make minor modifications as appropriate.

By: Carina Dan, E.I.T, Prin. Engineering Technician

ATTACHMENTS:

Description Upload
Date Type File Name
Attachment
No. 1 - Bid
Summary
Sheet
9/15/2022 Backup
Material StaffAwd_Const_StephenDoreck_Projectcp1286000_AttachmentNo1_BidSummarySheet.pdf Attachment
No. 2 -
Construction
Agreement
9/15/2022 Agreement CP_1286000_Orangewood-Dale_Construction_Agreement_Not_Signed.pdf

•
•
ATTACHMENT NO. 1

CITY OF GARDEN GROVE

PUBLIC WORKS DEPARTMENT

WATER SERVICES DIVISION

BID SUMMARY SHEET

PROJECT: Orangewood Avenue – Dale Street Water
Improvements Project – CP1286000

BID OPENING
DATE: August 29, 2022
TIME: 11:00 AM

Engineer’s
Facility Name Estimate Contract Amount
Orangewood Avenue – Dale Street
Water Improvements Project –
CP1286000
$ 3,457,550 $2,719,470

Bidder’s Name

Total Bid
%Under
/Over
Engineers
Estimate

1. 2 Stephen Doreck Equipment Rentals Inc. $2,719,470.00 -22.1%

2. Williams Pipeline Contractors, Inc. $2,861,490.00 -18.1%

3. All Cities Engineering Inc. $3,113,880.00 -10.8%

4. CEM Construction Corporation $3,204,960.00 -8.2%

5. GCI Construction Inc. $3,333,245.00 -4.6%

6. Dominguez General Engineering Inc. $3,438,720.00 -1.5%

7. Big Ben Inc. $3,455,525.00 -1.1%

8. Rama Grading Inc. $3,587,478.80 2.7%

9. T.E. Roberts Inc. $3,837,442.00 9.9%

10. Ferreira Construction Co. Inc. $4,285,620.00 22.7%

11. Kana Pipeline Inc. $4,580,780.00 31.2%

SECTION 5 - AGREEMENT

- 28 -
July 2022

CONSTRUCTION AGREEMENT

THIS AGREEMENT is made this 27th day of September, 2022 , by the CITY OF GARDEN GROVE (“CITY”), and Stephen Doreck Equipment Rentals, Inc. , hereinafter referred to as (“CONTRACTOR”)
RECITALS:

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to City of Garden Grove Council Authorization dated September 27, 2022.

2. CITY desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor for the ORANGEWOOD AVENUE – DALE STREET Water Improvements Project - Project CP No. 1286000 -- Drawing No. W-625.

3. CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

5.1 General Conditions. CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR'S investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans, Specifications and CONTRACTOR's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its SUBCONTRACTORs, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract.

"Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to CITY’S Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the Engineer shall be final.

SECTION 5 - AGREEMENT (Continued)

- 29 -
July 2022

5.2 Materials and Labor. CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to construct and complete the project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement. In the event of the failure or refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract price and any amounts due to CONTRACTOR. In the event CITY receives a stop notice from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.

5.3 Project. The PROJECT is described as: Orangewood Avenue – Dale Street Water Improvements Project - Project CP No. 1286000 -- Drawing No. W-625.

5.4 Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: Orangewood Avenue – Dale Street Water Improvements Project - Project CP No. 1286000 -- Drawing No. W-625.

Said Plans and Specifications and any revision, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of the CITY, which are also incorporated herein and referred to by, reference.

5.5 Time of Commencement and Completion. CONTRACTOR shall have twenty-one (21) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information required by the Instruction to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed Contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to execute the Contract or refuses or fails to provide the required documents and information within the twenty-one (21) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsive and responsible bidder.

Upon receipt of the Notice to Proceed, CONTRACTOR agrees to submit shop drawings and traffic control plans within fourteen (14) calendar days. Further, upon receipt of the Notice to Proceed the CONTRACTOR shall diligently prosecute the work to completion within one hundred and eighty ( 180) total working days excluding delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8 and 5.9 hereof.

SECTION 5 - AGREEMENT (Continued)

- 30 -
July 2022

5.6 Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the work covered by this Contract with that of all other CONTRACTORs, SUBCONTRACTORs and of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5.5 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other SUBCONTRACTORS, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.

5.7 Excusable Delays. CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; any act of negligence or default of CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR's reasonable control.

CITY shall extend the time fixed in Section 5.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the commencement of such delay and CITY finds that the delay is justified. CITY 'S decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.

No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delays were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities would be determined in accordance with SPECIAL PROVISIONS and Section 3-3 of the Standard Specifications for Public Works Construction 2009 Edition (GREEN BOOK). The CITY’S decision will be conclusive on all parties to this Contract.

5.8 Extra Work. The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by a designated representative of CITY specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 5.9 hereof.

CITY shall extend the time fixed in Section 5.5 for completion of the Project by the number of days reasonably required for CONTRACTOR to perform the extra work, as determined by CITY’S Engineer. The decision of the Engineer shall be final.

SECTION 5 - AGREEMENT (Continued)

- 31 -
July 2022

5.9 Changes in Project.

5.9.1 CITY may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:
a. In the Specifications (including drawings and designs); b. In the time, method or manner of performance of the work; c. In the CITY -furnished facilities, equipment, materials, services or site; or d. Directing acceleration in the performance of the work.

If CONTRACTOR believes that the written order issued as part of this Section

5.9.1 has caused an increase in costs or time, the CONTRACTOR shall submit a written request for equitable adjustment to the CITY that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. Said notice shall be submitted via certified mail within twenty (20) days of the CONTRACTOR’S receipt of the written order.

CONTRACTOR’S failure to submit the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of any potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.

5.9.2 A change may also be any other conflict, difficulty or issue which the CONTRACTOR believes caused any change to the CONTRACTOR’S costs or project schedule, provided CONTRACTOR gives the CITY written notice and a request for equitable adjustment that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request.

The notice shall also state the date the CONTRACTOR became aware of the issue, circumstances and source of the issue and that CONTRACTOR regards the issue as a change order. Said written notice shall be delivered to the CITY via certified mail within twenty (20) days of CONTRACTOR’S first notice of the issue. CONTRACTOR’S failure to submit the notice, which includes the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of ant potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.

5.9.3 Except as provided in this Section 5.9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 5.9 or entitle CONTRACTOR to an equitable adjustment.

5.9.4 Except for claims based on defective specifications, no claim for any change under paragraph 5.9.1 or 5.9.2 above shall be allowed for any work performed more than 20 days before the CONTRACTOR gives written notice as required in paragraphs 5.9.1 and 5.9.2. In the case of defective specifications for which the CITY is responsible, the equitable adjustment shall include any increased direct cost CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.

SECTION 5 - AGREEMENT (Continued)

- 32 -
July 2022

5.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 5.9, it must, within thirty (30) days after receipt of a denial of a request for equitable adjustment under paragraphs 5.9.1 and 5.9.2, submit a written statement to the CITY setting forth the general nature and monetary extent of such claim. The CITY may extend the 30-day period.

CONTRACTOR’S failure to submit the notice of a claim, within the required thirty (30) days shall constitute a waiver of the claim by the CONTRACTOR.

5.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.

5.9.7 CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CITY may require without nullifying this Contract. CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change there from is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deductions, without the written order of the CITY and the CITY shall not pay for any extra charges made by CONTRACTOR that have not been agreed upon in advance in writing by the CITY. CONTRACTOR shall submit immediately to the CITY written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns therefore shall be submitted without delay by CONTRACTOR to CITY.

5.10 Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5.5 herein, plus the allowance made for delays or extensions authorized under Sections 5.7, 5.8 and 5.9 herein, the CITY will sustain damage which would be extremely difficult and impractical to ascertain. The parties therefore agree that CONTRACTOR will pay to CITY the sum of One Thousand Five Hundred dollars ($1,500.00) per day for each and every calendar day during which completion of the Project is so delayed.

CONTRACTOR agrees to pay such liquidated damages and further agrees that CITY may offset the amount of liquidated damages from any monies due or that may become due CONTRACTOR under the Contract.

5.11 Contract Price and Method of Payment. CITY agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Two Million Seven Hundred Nineteen Thousand Four Hundred Seventy Dollars and 00/100 ($ 2,719,470.00) as itemized in the bid proposal.

Progress payments shall be made to the CONTRACTOR on a monthly basis for each successive month as the work progresses. The CONTRACTOR shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety-five percent (95%) of the value of the work completed, less all previous payments, provided that the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule. The CITY will retain five percent (5%) of the amount of each such progress estimate and material cost until 35 days after the recordation of the Notice of Completion.

SECTION 5 - AGREEMENT (Continued)

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Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the CITY’S Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract. Partial payments of the Contract price shall not be considered as an acceptance of any part of the work.

5.12 Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code § 22300, the CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the Contract. CONTRACTOR shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution.

5.13 Completion. Within 10 days after the contract completion date of the Project, CONTRACTOR shall file with the CITY’S Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all SUBCONTRACTORs upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. CITY may require affidavits or certificates of payment and/or releases from any SUBCONTRACTOR, laborer or material supplier.

5.14 CONTRACTOR's Employees Compensation

5.14.1 General Prevailing Rate. CITY has ascertained that State prevailing wage requirements of the California Labor Code including Sections 1770, 1771.5, 1773, 1777.5, and 1776 are required to execute this Contract. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the CONTRACTOR and the SUBCONTRACTORs shall pay not less than the higher wage rate. The CITY will not accept the lower State wage rates. This includes “helper” (or other classifications based on hours of experience) or any other classification. A copy of the prevailing rate of per diem wages shall be posted at the job site.

5.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any SUBCONTRACTOR under it) less than the greater of State minimum wage rate associated with the duties of the employee in question, in accordance with the State prevailing wage requirements of the California Labor Code, including Sections 1770, 1771.5, 1773, 1777.5, and 1776,.

5.14.3 Travel and Subsistence Pay. The greater of Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract, and CONTRACTOR shall comply therewith.

SECTION 5 - AGREEMENT (Continued)

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5.14.4 Apprentices. The greater of Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty CONTRACTORs not bidding for work through the general or prime CONTRACTOR are two thousand dollars ($2,000.00) or more for five (5) working days or more.

5.14.5 Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (5.14.2) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and shall forfeit to the CITY as a penalty, the sum of twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any SUBCONTRACTOR for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.

5.14.6 Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual State prevailing wage paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its SUBCONTRACTORs does the same. The applicable CONTRACTOR or SUBCONTRACTOR or its agent having authority over such matters shall certify all payroll records as accurate. CONTRACTOR further agrees that its payroll records and those of its SUBCONTRACTORs shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general.

CONTRACTOR shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). The CONTRACTOR shall submit copies of certified payroll reports and cancelled checks for laborers, every week to the CITY.

Certified payroll and cancelled checks submittals are due one month after start of construction and every week thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within five (5) working days or contract work must cease. The CITY will not be responsible for any delay or acceleration charges or any incurred costs or damages as a result of the work stoppage due to CONTRACTOR’s failure to comply. Work shall be cease in an orderly, safe fashion with all vehicle access restored, should this not occur, CITY will correct the deficiencies and deduct the cost from funds due to the CONTRACTOR. In addition, no progress payment shall be made until the copies of certified payroll reports and cancelled checks are submitted.

SECTION 5 - AGREEMENT (Continued)

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5.14.7 Contractor Registration. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.

5.14.8 Posting of Job Site Notices. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a)(2).

5.14.9 Notice of DIR Compliance Monitoring and Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

5.15 Surety Bonds. CONTRACTOR shall, upon entering into performance of this Agreement, furnish bonds in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY.

5.16 Insurance.

5.16.1 CONTRACTOR is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.

5.16.2 CONTRACTOR and all SUBCONTRACTORs shall carry workers' compensation insurance for the protection of its employees during the progress of the work.

The insurer shall waive its rights of subrogation against the CITY, its Officers, Official Agents Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City and shall issue an insurance certificate and waiver of subrogation to the policy evidencing same.

5.16.3 CONTRACTOR shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations bodily injury and property damage coverage; and builders' all risk insurance. Excess liability insurance shall be provided for any underlying policy that does not meet the policy limits required by this contract. All insurance coverage shall be in amounts specified by the CITY in the Insurance Requirements and shall be evidenced by the issuance of a certificate and additional insured endorsement in forms prescribed by the CITY and shall be underwritten by insurance companies satisfactory to the CITY for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Claims made and modified occurrence

SECTION 5 - AGREEMENT (Continued)

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policies shall not be accepted. Said insurance coverage obtained by the CONTRACTOR, excepting workers' compensation coverage, shall name the CITY, its Officers, Official, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY, as additional insured on said policies. Additional insured status shall be evidenced in the form of an Additional insured Endorsement (CG 20 10 1185). A sample is included in the appendix of the specifications for reference.

For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY. Any insurance or self- insurance maintained by the CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY shall be excess of the CONTRACTOR’s insurance and not contribute with it.

5.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:

COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify CITY of any material change, cancellation, or termination at least thirty (30) days in advance. Contractor shall also provide a waiver of subrogation for each policy.

INSURANCE AMOUNTS. CONTRACTOR shall maintain all of the foregoing insurance coverage in force until the work under this Contract is fully completed.

The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 5.17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted and licensed in California and having a Best's Guide Rating of A-Class VII or better (Claims made and modified occurrence policies are not acceptable):

SECTION 5 - AGREEMENT (Continued)

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Workers’ Compensation As required by the State of California.

Employer’s Liability $1,000,000 per accide nt for bodily injury or disease.

Commercial General Liability (including
operations, products and completed
operations, and not excluding XCU)
$5,000,000 per occurrence for bodily
injury, personal injury and property
damage. Coverage shall include mobile
equipment.

Automobile Liability, including
non-owned and hired vehicles
$2,000,000 combined single limit for
bodily injury and property damage.

Contractors’ Pollution Legal Liability $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate

Excess liability, follows form coverage, shall be provided for any underlying policy that does not meet the policy limits required and set forth herein.

Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by CITY.

An Additional Insured Endorsement, ongoing and products-completed operations, and including mobile equipment, for the Commercial General Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR.

CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to City’s requirements, as approved by the CITY.

An Additional Insured Endorsement for Automobile Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to City’s requirements, as approved by CITY.

An Additional Insured Endo rsement for Contractors’ Pollution Legal Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms th at conform to City’s requirements, as approved by the CITY.

SECTION 5 - AGREEMENT (Continued)

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In the event any of CONTRACTOR’S underlying policies do not meet policy limits within the insurance requirements, CONTRACTOR shall provide coverage under an excess liability policy. The policy must be a follows form excess/umbrella policy. CONTRACTOR shall provide the schedule of underlying polices for an excess/umbrella liability policy, state that the excess/umbrella policy follows form on the insurance certificate, and provide an additional insured endorsement for the excess/umbrella liability policy designating CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds.

A primary/non-contributory endorsement shall be provided to CITY for each policy. For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, agents, employees, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees as determined by CITY. Any insurance or self-insurance maintained by CITY, its officers, officials, agents, employees, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by CITY shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

CITY or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. CONTRACTOR shall pay the premiums on the insurance hereinabove required.

If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR

5.17 Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify and keep the CITY, its Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the negligence or willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.

SECTION 5 - AGREEMENT (Continued)

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5.18 Termination.

5.18.1 This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.

5.18.2 If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default.

5.18.3 Upon receipt of a termination action under paragraph (5.18.1) or (5.18.2) above, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.

5.18.4 Upon termination under paragraphs (5.18.1) and (5.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.

5.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY 's designs, drawings and specifications.

The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred. The performance bond shall remain in full force and effect through the guarantee period.

The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances of this Contract or state law and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.

5.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each shall bear its own attorneys' fees, costs and necessary disbursements. Notwithstanding the foregoing, if any action is brought against the

SECTION 5 - AGREEMENT (Continued)

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CONTRACTOR or any SUBCONTRACTOR to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.

5.21 Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing.

To CITY: TO CONTRACTOR:

City of Garden Grove Pablo Viramontes__________________ Public Works Department Stephen Doreck Equipment Rentals, Inc.

Attention: Carina Dan 9075 Telegraph Rd.________________ 13802 Newhope Street Pico Rivera, CA 90660______________ Garden Grove, CA 92843 (562) 949-4949____________________ (714) 741-5346, (714) 638-9906 Fax

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