applying these skills to better evaluate and handle mental health calls for service, (2) Law enforcement agencies in Orange County have developed unique ways to deal with mental health calls in their communities based on their particular needs and budgets, enabling law enforcement to better serve their communities, (3) Law enforcement collaboration with County Psychiatric Emergency Response Team (PERT) clinicians and Be Well mobile response units has been an effective tool when responding to mental health calls for service, (4) People with mental illness respond more positively to “soft uniformed” police personnel, which can be effective in de-escalating situations, and (5) Providing follow-up case management is not only necessary but critical for the well-being of people experiencing mental health issues. The City of Garden Grove agrees with the Grand Jury’s findings.
Based on its investigation, the 2023-24 Orange County Grand Jury has determined that law enforcement agencies throughout Orange County have developed unique tech niques to adequately address mental health calls, thus this report does not contain recommendations.
FINANCIAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council:
Approve the attached response and authorize submittal to the Orange Cou nty Grand Jury.
ATTACHMENT(S)
1. OC Grand Jury Report - Law Enforcement's Response to Mental Health Calls for Service
2. Response to Grand Jury Report Law Enforcement Mental Health Calls for Service
174
ORANGE COUNTY GRAND JURY
May 30,2024
700 CIVIC CENTER DRIVE WEST • SANTA ANA, CALIFORNIA 92701 • 714/834-3320 www.ocgrandjury.org • FAX 714/834-5555
Steve Jones, Mayor
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Dear Mayor Jones:
Enclosed is a copy of the 2023-2024 Orange County Grand Jury report, Law Enforcement's Response to Mental Health Calls for Service. Pursuant to Penal Code 933.05(f), a copy of the report is being provided to you at least two working days prior to its public release. Please note that under that subsection, "No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report." (Emphasis added.) It is required that you provide a response to each of the findings and recommendations of this report directed to your office in compliance with Penal Code 933.05(a) and (b), copy is enclosed.
Please distribute this report to your governing body.
For each Grand Jury recommendation accepted and not .implemented, provide a schedule for future implementation. In addition, by the end of March of each suhscquerit year, please report on the progress being made on each recommendation accepted but not completed. These annual reports should continue until all recommendations are implemented.
Please mail the response to the recommendations to Maria Hernandez, Presiding Judge of the Superior Court, 700 Civic Center Drive West, Santa Ana, CA 92701, with a separate copy mailed to the Orange County Grand Jury, 700 Civic Center Drive West, Santa Ana, CA 92701, no later than 90 days after the public release date, June 5, 2024, in compliance with Penal Code 933, copy enclosed. The due date then is September 4,2024.
Should additional time for responding to this report be necessary for further analysis, Penal Code 933.05(b)(3) permits an extension of time up to six months from the public release date. Such extensions should be advised in writing, with the information required in Penal Code 933.05(b)(3), to the Presiding Judge of the Superior Court, with a separate copy of the request to the Grand Jury.
We tentatively plan to issue the public release on June 5, 2024. Upon public release, the report will be available on the Grand Jury website at www.ocgrandjury.org.
Very truly yours,
v^-
Fichael^Verrengia, Foreperson
2023-20'24 ORANGE COUNTY GRAND JURY
MJV:jm
Enclosures: Grand Jury Report
Penal Code 933, 933.05
Cc: Lisa Kim, City Manager
Amir El- Farra, Chief of Police
175
176
Law Enforcement's Response to Mental Health Calls for Sen/ice Table of Contents
SUMMARY...................................................................................................................... 1 BACKGROUND.............................................................................................................. 1 REASON FOR THE STUDY........................................................................................... 2 INVESTIGATION AND ANALYSIS................................................................................^ Legislative Acts to Support Mental Health Training for Law Enforcement.................... 4 Innovative Law Enforcement Mental Health S^rateg/es................................................ 5 Orange County Service Planning Areas (SPAs).......................................................... 9 Law Enforcement Partnerships.................................................................................. 10 COMMENDATIONS...................................................................................................... 13 FINDINGS..................................................................................................................... 14 RECOMMENDATIONS................................................................................................. 14 RESPONSES................................................................................................................ 15 REFERENCES.............................................................................................................. 17 GLOSSARY.................................................................................................................. 19 APPENDIX.................................................................................................................... 20 2023-2024 Orange County Grand Jury Page ii
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Law Enforcement's Response to Mental Health Calls for Service
SUMMARY
Approximately 8.8 million Americans have a severe mental illness such as schizophrenia, severe bi-polar disorder, or major depression with psychiatric features.1 Almost half of these people are treated on a given day.2 Without proper treatment, people with severe mental illness are at risk of experiencing negative outcomes that seriously impact them and the people around them.
Decades ago, law enforcement officers in Orange County became mental health clinicians without proper training. While State legislation has since required police agencies to increase mental health training, Orange County law enforcement agencies have surpassed the State's expectations. The Orange County Grand Jury (OCGJ) believes that law enforcement in Orange County is a model for training law enforcement personnel on mental health crisis intervention techniques and collaborating with behavioral health organizations to improve service and reduce stigma for those affected by mental illness.
BACKGROUND
In March 2021, two Los Angeles County Sheriff's Department (LASD) deputies responded to a call regarding a deaf and autistic male adult named Isaias Cervantes who was experiencing a mental health crisis. When deputies arrived, they asked Cervantes to stand up so he could be handcuffed as a safety precaution, and the incident escalated. Cervantes became combative with the deputies, which resulted in one of the deputies shooting him in the back. Consequently, Cervantes is paralyzed and recently won a $25 million settlement against the County of Los Angeles. The LASD Internal Affairs Bureau concluded that excessive force during this incident was warranted per departmental procedure, although Los Angeles County Risk Management prepared a Summary Corrective Action Plan that focused on numerous root causes for the escalation, including:
• Desk personnel (i.e., dispatch) failed to ask about the nature of Cervantes' mental impairment.
• Desk personnel (i.e., dispatch) failed to send the Mental Evaluation Team as part of the response.3
1 Treatment Advocacy Center, "Serious Mental Illness by the Numbers," 2022. https://www.treatmentadvocacycenter.org.
2 Ibid.
3 The Times Staff Editorial, "Sheriffs Shooting Cost Taxpayers $25 Million. Where's the Accountability?" Los Angeles Times, April 8, 2024.
2023-2024 Orange County Grand Jury Page 1
178
Law Enforcement's Response to Mental Health Calls for Service Approximately one-third of individuals with severe mental illness have their first exposure to mental health treatment through a law enforcement encounter.4 Law enforcement officers are often on the front lines of psychiatric care, charged with responding to, addressing, and preventing a mental illness crisis. Responding to and transporting individuals with mental illness occupies more than twenty percent of a law enforcement officers' time.5 Many law enforcement agencies across the United States are looking at an alternative approach to mental health calls for service by partnering with mental health professionals rather than handling these calls as the sole first responder. The OCGJ has found that law enforcement agencies throughout Orange County have adopted one or a combination of the following three models to address mental health calls:
• Police Model. All mental health calls for service are handled by police with a clinician back-up.
• Co-Responder Model. Trained mental health professionals are dispatched along with the officers responding to certain calls.
• Alternative Mental Health Response. Only a mental health professional is dispatched to nonviolent calls such as attempted suicide; mentally ill; drug violation; drunk pedestrian; person down; trespasser; and well-being check.
REASON FOR THE STUDY
Christian Glass was a geology enthusiast, a painter, and a young man beset by a mental health crisis when he called 911 for help getting his car unstuck in a Colorado mountain town last year. Convinced that supernatural beings were after him, he balked when sheriff's deputies told him to get out of his car. Body camera video shows that the officers shouted, threatened, and coaxed. Glass hoped that officers would not break his car window, but they did, and the young adult grabbed a small knife. Then he was hit with bean bag rounds, stun gun charges and, ultimately, bullets that killed him and led to a murder charge against one deputy and a criminally negligent homicide charge against another.6 Along with the Cervantes incident described above, this article is just one of numerous examples indicating that society needs to reevaluate police protocol when responding to mental health calls for service.
4 Treatment Advocacy Center, "Road Runners: The Role and Impact of Law Enforcement in Transporting Individuals with Severe Mental Illness," 2019.
https://www.treatmentadvocacycenter.org.
5 Jody M. Litchford, JD., "Partnering with Mental Health Providers to Improve Outcomes," Police Chief, December 2023, p. 12.
6 Jennifer Peltz and Jesse Bedayn, "Many Big US Cities Now Answer Mental Health Crisis Calls with Civilian Teams - Not Police," Associated Press, August 27, 2023. 2023-2024 Orange County Grand Jury Page 2
179
Law Enforcement's Response to Mental Health Calls for Service The OCGJ felt it was vital to research via interviews with law enforcement leaders, law enforcement educators, and mental health professionals how Orange County assists individuals who suffer from mental illness. It is important to note that this report does not focus on mental health issues that exist within the homeless community, although the OCGJ learned that a significant number of unhoused individuals suffer from mental illness, including substance abuse disorder, which leads to a significant number of police calls for service.
METHOD OF STUDY
The OCGJ conducted thirty-one inten/iews. Twenty-three of these interviews involved key personnel from law enforcement agencies representing all cities and unincorporated areas in Orange County, including the police agency at the University of California, Irvine (UCI). The OCGJ also interviewed representatives from the Orange County Sheriff's Regional Academy and Golden West College Police Academy, Orange County mental health stakeholders including the Orange County Health Care Agency's Mental Health and Recovery Services Department, the National Alliance on Mental Illness - Orange County Chapter (NAMI OC), and Project Kinship. In addition, the OCGJ conducted the following tours:
• Orange County Central Jail Complex, including the Intake Release Center (IRC), Men's Jail, and Women's Jail
• Central Justice Center Holding Facility
• James A. Musick Jail (under construction)
• Theo Lacy Jail
• Yale Navigation Center and Bridges at Kraemer Place
• Orange County Juvenile Hall and Youth Leadership Academy • Be Well, Orange Campus
Members of the OCGJ attended monthly meetings of the Orange County Criminal Justice Coordinating Council (OCCJCC), which is a planning body of County government, law enforcement, courts/corrections, and social service agencies responsible for improving public safety on behalf of Orange County residents. These meetings were insightful and provided an understanding of how Orange County leaders collaborate to enhance law enforcement services.
The OCGJ also referred to previous Grand Jury reports, Peace Officer Standards and Training (POST) material, police training documents provided by the Orange County Sheriffs Regional Training Academy and Golden West College Police Academy, and local news articles and reports.
2023-2024 Orange County Grand Jury Page 3
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Law Enforcement's Response to Mental Health Calls for Service
INVESTIGATION AND ANALYSIS
Legislative Acts to Support Mental Health Training for Law Enforcement
Even in situations in which police officers have completed relevant mental health crisis training, the mere presence of armed, uniformed officers can exacerbate feelings of distress for people with behavioral health conditions. While mental health training in law enforcement is mandated, field experience is also essential in producing positive outcomes to mental health calls for service. Listed below is an overview of mandated mental health training for law enforcement personnel that is regulated by POST.
Peace Officer, Public Safety Dispatcher and Public Safety Dispatch Supervisor Most often, law enforcement officers are the initial first responders for incidents involving untreated mental illness. On January 1, 2016, Senate Bill (SB) 11 went into effect mandating additional behavioral health training for peace officers. This legislation was codified in California Penal Code Section 13515.27, which requires every peace officer (other than a level III Reserve Peace Officer), Public Safety Dispatcher, and Public Safety Dispatch Supervisor to complete twenty-four or more hours of POST training every two years. The training includes three consecutive hours of a POST- certified mental health training course.7 Training includes:
• The cause and nature of mental illness, intellectual disability, and substance abuse disorders.
• Indicators of mental illness, intellectual disability, and substance use disorders. • Appropriate responses to a variety of situations involving persons with mental illness, intellectual disability, and substance use disorders. • Conflict resolution and de-escalation techniques for potentially dangerous situations.
• Appropriate use of language when interacting with emotionally distressed individuals.
• Resources available to serve persons with mental illness or intellectual disability.8 Police Recruits
SB 11 also added Penal Code Section 13515.26, which requires POST to include fifteen hours of behavioral health training in the basic academy course for new police recruits. Upon graduation from a police academy, police recruits must complete training on subject matter that covers forty-two different law enforcement topics, also known as 7 State of California Commission on Peace Officer Standards and Training Website, "Mental Health Training in Law Enforcement."
8 https://califomia.public.law/codes/ca_penal_code_section_13515.27 2023-2024 Orange County Grand Jury Page 4
181
Law Enforcement's Response to Mental Health Calls for Sen/ice Learning Domains (LD). One of the topics covered is in LD 37, identified as People with Disabilities. It provides trainees instruction on disability laws, developmental disabilities, physical disabilities, and mental illness.9 While in the academy, recruits learn to recognize general indicators of mental illness so that appropriate actions can be taken.
The following indicators assist recruits in determining whether a behavior is related to mental illness:
• Fearfulness
• Inappropriate Behavior
• Extreme Inflexibility and/or Frustration
• Symptoms of Excitability
• Impaired Self-Care
• Hallucinations and Delusions
• Disorganized Speech, Thought Patterns, or Disorientation • Clinical Depression
• Bipolar Disorder
• Schizophrenia
• Postpartum-Depression
• Psychosis
• Post-traumatic Stress Disorder (PTSD)
• Personality Disorder10
Supervisorial Police Officers
SB 29, which also went into effect on January 1 , 2016, requires police officers in supervisory roles who conduct field training to receive twelve hours of behavioral health training, including eight hours of crisis intervention instruction and an additional four hours in the Field Training Officer program, on how to interact with persons with mental illness or intellectual disability.
Innovative Law Enforcement Mental Health Strategies
The OCGJ inten/iewed high-ranking officers from twenty-three law enforcement agencies representing all cities and unincorporated areas in Orange County, including 9 California Commission on Peace Officer Standards and Training Website, "Mental Health Training in the Regular Basic Course."
10 California Commission on Peace Officer Standards and Training, Learning Domain 37, People with Disabilities, Version 6.0, Chapter 4.
2023-2024 Orange County Grand Jury Page 5
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Law Enforcement's Response to Mental Health Calls for Service the police agency at UCI. The OCGJ found that each city and/or unincorporated area handles mental health calls for service in its own, unique way. This is especially true with smaller cities that lack special funding to establish innovative mental health programs. However, smaller cities also have a more modest unhoused population, which makes enforcement more manageable than in larger municipalities. Table 1 on page 13 of this report summarizes key interview results with Orange County law enforcement agencies.
In Orange County, law enforcement's handling of mental health issues has evolved to include non-sworn mental health clinicians. This approach recognizes the need for specialized assistance in dealing with individuals experiencing mental health crises and provides a more tailored and compassionate response. Law enforcement representatives interviewed by the OCGJ agree that individuals experiencing a mental health crisis typically respond better when approached by clinicians who are not wearing uniforms, and emphasize the importance of sensitivity and understanding in these encounters.
Seven Orange County cities plus UCI have contracted with Be Well Orange County to provide mobile response vans staffed with two mental health clinicians seven days a week. The Homeless Outreach and Proactive Engagement (HOPE) Center, serving cities in North Orange County, uses a mobile office vehicle to connect with individuals in the community. Although the HOPE Center is primarily focused on issues related to homelessness, outreach workers are equipped to provide links to service for individuals suffering from mental illness.
Mental health clinicians from the Psychiatric Emergency Response Team (PERT) ride with law enforcement officers in seventeen Orange County cities. Law enforcement in any Orange County city can call the Crisis Assessment Team (CAT), a program that helps anyone in the county who is experiencing a behavioral health crisis. The PERT and CAT teams are staffed by clinicians from the Orange County Health Care Agency (OCHCA).
Some of the smaller police departments may not need an in-house crisis intervention worker, but are familiar with households that include persons with mental health issues, and their officers have established relationships with these families. Officers are also acquainted with many homeless individuals in these cities because their homeless populations are relatively sparse.
Although police agencies may differ in the way mental health calls for service are addressed, there is consensus that police departments would like more time to focus on crime-related calls for service.
Orange County Sheriff's Department's Behavioral Health Bureau The Orange County Sheriff's Department (OCSD) receives approximately 10,000 calls for service each year involving mental health, individuals experiencing homelessness, 2023-2024 Orange County Grand Jury Page 6
183
Law Enforcement's Response to Mental Health Calls for Service and similar crises.11 In June 2023, the Orange County Board of Supervisors approved the County's budget for Fiscal Year 2023-24; and within its budget, allocated $2.8 million to expand the OCSD Behavioral Health Bureau (BHB).12 The bureau is a specialized crisis response team that consists of nine deputy sheriffs, three PERT deputy sheriffs and one PERT clinician. This specialized team responds to mental health crisis calls including calls related to homelessness and conducts proactive follow- up calls. The goal is to assist with de-escalation and diversion to treatment and services, when appropriate.13
Some police agencies in Orange County are adopting an alternative mental health approach when responding to mental health calls for service. While there is an appeal to the idea of removing police from nonviolent psychiatric crisis calls, the challenge is training 911 dispatchers to gauge these calls and having experienced clinicians available to expediently respond to them. In March 2024, the OCSD, in partnership with the OCHCA, launched a dispatch call diversion program that guides OCSD dispatchers to triage non-violent and non-criminal behavioral health calls (including homelessness) to determine if they can be diverted to OC Links, which is a 24/7 Behavioral Health Line.14 OC Links dispatches counselors to these non-violent and non-criminal calls instead of deputies, freeing up deputies to respond to traditional crime-related calls instead.15
Orange County Intake Release Center (IRC)
The OCSD has partnered with the OCHCA to reduce inmate behavioral health crises.
There are mental health hotlines available around the clock in each County jail so that deputies can report concerns regarding an inmate's mental health or behavior that might lead to self-harm. The IRC is part of the Central Jail complex in Santa Ana and houses inmates who suffer from severe mental illness. The facility can house up to 849 inmates and is staffed by sheriff's deputies from the BHB. The cells in the mental health unit have been modified to address safety and self-harm concerns. There are also visiting areas where inmates can use computer tablets for video calls with family, reading e-books, searching for jobs, receiving education, and playing cognitively stimulating games.
11 Orange County Sheriff's Department News Release, "OC Sheriff Partners with the OC Health Care Agency to Support Individuals in Crisis." https//ocsheriff.gov. 12 Minutes of the Orange County Board of Supervisors Meeting on June 27, 2023; Adoption of the Fiscal Year 2034-24 Final Budget Resolution.
13 OC Cares Justice Through Prevention and Intervention, 2025 Quarterly Status Report, October - December 2023, p 16.
14 Orange County Sheriff's Department News Release "OC Sheriff Partners with the OC Health Care Agency to Support Individuals in Crisis," https//ocsheriff.gov. 15 Ibid.
2023-2024 Orange County Grand Jury Page 7
184
Law Enforcement's Response to Mental Health Calls for Service Fullerton Police Department Social Worker Program
In 2023, Orange County Supervisor Doug Chaffee allocated $1 million from the Fourth Supervisorial District Discretionary Grants to help fund the Fullerton Police Department Social Worker Program, which is a two-year pilot program.16 The objective is to dispatch licensed clinical social workers (LCSWs) alongside or in lieu of police officers when responding to mental health crises, domestic violence, or juvenile delinquency.
The program consists of two LCSWs and focuses on crisis response, mediation, referrals to health care providers, treatment plans and case follow-ups, and de- escalation techniques for peaceful resolution.
Irvine Police Department Mental Health Unit
In 2014, the Irvine Police Department established a mental health unit that consists of three sworn police officers and two County PERT clinicians. The mental health sworn officers partner with the PERT clinicians in response to mental health calls for service.
When not responding to mental health calls for service, the mental health unit is conducting follow-up calls for service with their clients. There is an additional trained clinician assigned to the mental health unit from the City's FOR Families program that provides short-term mental health support to Irvine residents on a variety of concerns including:
• Stress/Depression
• Substance Abuse
• Family Violence
• Relationship Problems
• Legal/Financial Issues
• Children/Teen Behavioral Difficulties
Residents who are affected by a mental health issue can contact the City's dedicated email address at outreach(a)cityofirvine.orc].
City of Huntington Beach Police Department
Huntington Beach was the first city in Orange County to enter into an agreement with Be Well OC where two professional crisis counselors respond to non-violent mental health calls relating to suicide, family disputes, drug/alcohol abuse, welfare checks, and general mental health crisis calls. Collaboration with Be Well OC has allowed sworn officers to dedicate more time responding to crime-related calls for service. 16 "Fullerton Police Department Get $1 Million to Start a Pilot Program," Fullerton Observer, July 22,2023. 2023-2024 Orange County Grand Jury Page 8
185
Law Enforcement's Response to Mental Health Calls for Service Orange County Service Planning Areas (SPAs)
Service Planning Areas (SPAs) are divisions of Orange County into North, Central, and South cities to coordinate homeless shelters and services on a regional basis. The North Orange County Service Planning Area (North SPA) is the most active and innovative of the three SPAs. It coordinates collaboration among thirteen cities in North Orange County. In 2018, North SPA was given over $12 million dollars by the State of California to address the crisis of homelessness.17 The North SPA partnership is an effort to comply with a court ruling prohibiting enforcement ofanti-camping laws on public property when local shelter beds are not available. The funding was used to open two homeless "Navigation Centers," one in Buena Park and the other in Placentia.
The HOPE Center was opened in 2022 to gain more reliable relief and consistent support for homeless individuals in the North SPA area. The HOPE Center is designed as a central command center for case workers, mental health clinicians, resource providers, and homeless liaison officers working together to address public health issues with an emphasis on homeless individuals. The goal is to end homelessness in the North SPA cities by getting "the right resource to the right person at the right time."18 The HOPE Center mobile office vehicle is used to respond to calls for service. Center clinicians engage in outreach activities when they are not on calls. At the opening of the HOPE Center, State Senator Josh Newman (D-Fullerton/District 29) said the HOPE Center will be "a critical hub for subject matter experts, health care workers, community-based organizations, and local law enforcement to coordinate and deliver resources efficiently under one roof."19
17 "North Orange County Service Planning Area (North SPA) Received $12,062,300 in Homeless Emergency Aid Program (HEAP) Funding to Open Navigation Center in Buena Park and Placentia," November 9, 2018, https://www.buenapark.com/T2 R49.php. 18 HOPE Center Orange County Mission Statement, https://ochoDecenter.org. 19 Tess Sheets and Alicia Robinson, "Governor Gavin Newsom Visits to Help Open New Hub for North Orange County Homeless Services," Orange County Register, October 27, 2022. 2023-2024 Orange County Grand Jury Page 9
186
Law Enforcement's Response to Mental Health Calls for Service County of Orange
Service Planning Areas
LAHABRA
FULLERTON
I
BUENA
PARK
LAPALMA
CYPRESS ANAHE1U
tTANTQK-;. .
LOS ALAMtTOS | j I ,
J GARDEN GNOVE
WESTMINSTER
SEAL BEACH
I
FOUMTAW
VALLEY
HUNT1NGTOW
BEACH C03TAI
NORTH REGION
Anaheim
Brea
Buena Park
Cypress
Fullerton
La Ho bra
La Palma
Los Alamitos
Orange
PtacentiQ
Stanton
Villa Pork
Yorba Linda
County Unincorporated
' CENTRAL REGION
Cosla Mesa
Fountain Valley
Garden Grove
Huntington Beach
Newport Beach
Santa Ana
Seal Beach
Tustin
Westminster
County Unincorporated
BREA
YORBA UNDA
PtACENTlA
VILLA
PARK
ORANGE
SANTA ANA
Tuann ,.
I
MESA / IRVINE LAKE FOREST
]
RANCHO
UARGARITA UNINCORPORATED
NEWPORIBE.CH ' ^<,u«»»oODS ".SS.ONVIEJO
I *-
LAGUMA
AUSO HN.L3
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IAGUNA BEACH LAGUNA '
NK3UEL
!
JUAN
CAPISTRANO
SOUTH REGION !SS
AIlSO VieJO SAN CLEMENTE
Dana Point
Irvine
Laguna Beach
Laguna Hills
Laguna Niguel
Laguna Woods
Lake Forest
Mission Viejo
Rancho Santa Margarita
SanClemente
San Juan Copislrono
County Unincorporated
Law Enforcement Partnerships
Be Well (Hope Starts Here)
Hope Starts Here is the slogan for Be Well OC. It was established in 201 7 (under the leadership of Mind OC) as a public-private partnership which provides mental health stabilization, a sobering center, and residential housing for both substance abuse and 2023-2024 Orange County Grand Jury Page 10
187
Law Enforcement's Response to Mental Health Calls for Service mental health treatment for the residents of Orange County. Insurance is not a requirement to receive treatment.20
The first of three proposed Be Well campuses opened in January 2021 in the City of Orange to serve North Orange County. Funding was provided by the County Board of Supervisors, CalOptima, private donors, and major hospital systems. In October 2023, construction began on the second Be Well campus located in Irvine's Great Park that will serve South Orange County. This facility wilt be larger than the Orange Campus and will have the additional ability to support children, youth, and families. The campus is expected to open in 2025. A campus to serve Central Orange County is proposed.
Mind OC was established in 2017 as a California 501(c)(3) non-profit organization. The purpose of the non-profit is to partner with the County of Orange to establish behavioral health campuses in Orange County. When the Be Well Campus in Orange opened, it was under the responsibility of the OCHCA. In January of 2023, Mind OC assumed responsibility for the campus.21
In addition to the Be Well campuses, Be Well OC has a mobile response program. The slogan for the program is Hope Happens Here.22 Identifiable outreach vans with mental health crisis counselors (working in pairs) work in collaboration with law enforcement to respond to mental health calls. The counselors are trained in de-escalation, crisis stabilization, and counseling. Seven municipal police agencies (Anaheim, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Newport Beach, and Westminster) and UCI currently have mobile response contracts. Law enforcement agencies without contracts with the mobile response program can transport people in need to the Be Well Orange Campus.
Project Kinship (Hope Lives Here)
In November 2014, California voters approved Proposition 47 that reduced some low- level felonies in the state to misdemeanors. The proposition required the Board of State and Community Corrections to use a portion of the annual savings from Proposition 47 to administer grant programs for diversion, mental health services, or substance abuse treatment.23 Since 2016, Orange County has received $12 million in grants from Proposition 47. Orange County's goal is to reduce the number of people with mild-to- moderate mental health and/or substance use disorders incarcerated in the county jail by reducing recidivism through intensive case management, linkages to treatment, housing and behavioral health services, and community supports upon release.24 20 https://bewelloc.orc)/
21 Ibid.
22 https://mind-oc.org/
23 Libby Doyle, Leigh Courtney, Bryce Peterson of the Urban Institute, "Evaluation of Orange County's Proposition 47 Grant-Related Services," Executive Summary, September 2021, p.v. 24 Ibid.
2023-2024 Orange County Grand Jury Page 11
188
Law Enforcement's Response to Mental Health Calls for Service Located in Santa Ana, Project Kinship was established in 2014 as a non-profit organization to address people's basic needs upon their release from custody. Although Project Kinship offers a variety of services including Schools and Youth Programs and a Workforce Program, this report focuses on the Adult Re-Entry Program in which Correctional Health Sen/ices provides Project Kinship with a list of upcoming inmates scheduled for release. Project Kinship conducts a triage on those inmates who are willing to sign an agreement for assistance (for up to eighteen months) that addresses people's basic needs upon their release from custody, such as housing, referrals to treatment facilities, mental health counseling, clothing, or reunification with family. Upon release from jail, these individuals are at risk of recidivism, victimization, and homelessness when they do not have resources such as clothing and food. The OCSD collaborates with Project Kinship by providing office space at the IRC and the Theo Lacy Jail. Project Kinship assists releasees on a round-the-clock basis at these facilities. Project Kinship is unique in that more than fifty percent of its workforce and all of its peer navigators have had analogous life experiences.25 The Proposition 47 grant money has allowed Orange County to fund Project Kinship's relocation to a larger space and hire additional case managers, clinicians, and peer navigators.26 There are now approximately 120 Project Kinship employees who served 179 clients between July 2020 and March 2021.27 In a meeting at the OCCJCC, members from the OCGJ witnessed an inspiring story from a Project Kinship employee as she described how her repeat offenses were causing her to be institutionalized and comfortable knowing that jail provided her with housing, clothing, food, and some sort of socialization. It was Project Kinship that approached her when she was preparing to be released from jail for the last time. Project Kinship provided her with a comprehensive approach to addressing short-and long-term reentry needs that helped her realize she could start a new life for herself.
City Net
Seven cities throughout Orange County contract with City Net to work with police agencies on reducing homelessness through street outreach and engagement. 25 Id., p. 20.
26 Ibid.
27 Id., p. 21.
2023-2024 Orange County Grand Jury Page 12
189
Law Enforcement's Response to Mental Health Calls for Service Table 1: Interview Results with Orange County Law Enforcement Agencies Law Enforcement
Agencies
Anaheim
Brea
Buena Park
Costa Mesa
Cypress
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
Irvine
La Habra
La Palma
Laguna Beach
Los Alamitos
Newport Beach
Orange
Placentia
Santa Ana
Seal Beach
Tustin
UCI
Westminster
(3ran,9e,,(:::o.un.ty..§.l1enff,,
Be Well
Mobile
Response
Team
x
x
x
x
x
x
x
x
PERT
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
City Net
x
x
x
x
x
x
x
NorthSpa/Hope
Center
x
x
x
x
x
x
x
x
x
x
***
Behavioral
Health
Bureau
x
Non-Sworn
Crisis Worker
*
x
x
x
x
**
City of Fullerton is developing a pilot Social Worker Program within its police department.
UCI has several student counseling services on campus.
The cities of Stanton and Yorba Linda are members of North SPA.
COMMENDATIONS
Orange County Criminal Justice Coordinating Council (OCCJCC) - The OCCJCC is to be commended for its efforts to improve public safety through greater inter-agency communication, coordination and collaboration regarding law enforcement and administration of justice issues including mental health.28 28 Orange County Board of Supervisors Resolution No. 2001-38, Adopted February 6, 2001, OCCJCC Proposed Reorganization.
2023-2024Orange County Grand JuryPage 13
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Law Enforcement's Response to Mental Health Calls for Service Orange County Intake Release Center (IRC) - The IRC is to be commended for partnering with the OCHCA to reduce inmate behavioral health crises.
FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.
Based on its investigation described here, the 2023-2024 OCGJ has arrived at the following principal findings:
F1. Mental health training for law enforcement officers in Orange County exceeds the State's requirements, resulting in law enforcement applying these skills to better evaluate and handle mental health calls for service.
F2. Law enforcement agencies in Orange County have developed unique ways to deal with mental health calls in their communities based on their particular needs and budgets, enabling law enforcement to better serve their communities.
F3. Law enforcement collaboration with County PERT clinicians and Be Well mobile response units has been an effective tool when responding to mental health calls for service.
F4. People with mental illness respond more positively to "soft uniformed" police personnel, which can be effective in de-escalating situations.
F5. Providing follow-up case management is not only necessary but critical for the wellbeing of people experiencing mental health issues.
RECOMMENDATIONS
Based on its investigation, the 2023 - 2024 OCGJ has determined that law enforcement agencies throughout Orange County have developed unique techniques to adequately address mental health calls, thus this report does not contain recommendations. 2023-2024 Orange County Grand Jury Page 14
191
Law Enforcement's Response to Mental Health Calls for Service
RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official, such official shall comment on the findings and recommendations pertaining to the matters under that official's control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.
Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows:
one of the following: ^^^ ^ ^ ,,^
•~1 »"
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding. ; 3 g gif" ^^ 5bi^ ^
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, thereof.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or 2023-2024 Orange County Grand Jury Page 15
192
Law Enforcement's Response to Mental Health Calls for Service personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
The Orange County Grand Jury requires and requests the following responses, as indicated:
Findings - 60 Day Response Required
Orange County Sheriff-Coroner
Findings - 90 Day Response Required
City Councils of:
Anaheim
Brea
Buena Park
Costa Mesa
Cypress
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
Irvine
La Habra
La Palma
Laguna Beach
Los Alamitos
F1,F2,F3,F4,F5
F1,F2,F3,F4,F5
F1,F2,F4,F5
F1,F2,F3,F4,F5
F1,F2,F3,F4,F5
F1,F2,F3,F4,F5
F1,F2,F3,F4,F5
F1,F2,F3,F4,F5
F1,F2,F3,F4,F5
F1,F2,F3,F4,F5
F1,F2,F3,F4,F5
F1,F2,F3,F4,F5
F1,F2,F4,F5
F1,F2,F3,F4,F5
F1,F2,F3,F4,F5
2023-2024Orange County Grand JuryPage 16
193
Law Enforcement's Response to Mental Health Calls for Service Newport Beach F1, F2, F3, F4, F5
Orange F1, F2, F3, F4, F5
Placentia F1, F2, F4, F5
Santa Ana F1,F2, F3, F4, F5
Seal Beach F1, F2, F3, F4,F5
Tustin F1, F2,F3, F4,F5
Westminster F1, F2, F3, F4, F5
Findings - 90 Day Response Requested
University of California, Irvine F1, F2, F3, F4, F5
REFERENCES
Be Well OC website: https://bewelloc.orq/
California Commission on Peace Officer Standards and Training, Learning Domain 37, People with Disabilities, Version 6.0, Chapter 4.
California Commission on Peace Officer Standards and Training Website, "Mental Health Training in the Regular Basic Course."
"Fullerton Police Department Get $1 Million to Start a Pilot Program," Fullerton Observer, July 22, 2023.
HOPE Center Orange County Mission Statement, https://ochopecenter.org. https://california.public.law/codes/ca penal code section 13515.27 "North Orange County Service Planning Area (North SPA) Received $12,062,300 in Homeless Emergency Aid Program (HEAP) Funding to Open Navigation Center in Buena Park and Placentia," November 9, 2018,
https://www.buenapark.com/T2 R49.phphttps://www.buenapark.com/T2 R49.php.
Jennifer Peltz and Jesse Bedayn, "Many Big U.S. Cities Now Answer Mental Health Crisis Calls with Civilian Teams - Not Police," Associated Press, August 27, 2023.
Jody M. Litchford, JD., "Partnering with Mental Health Providers to Improve Outcomes," Police Chief, December 2023.
2023-2024 Orange County Grand Jury Page 17
194
Law Enforcement's Response to Mental Health Calls for Service Libby Doyle, Leigh Courtney, Bryce Peterson of the Urban Institute, "Evaluation of Orange County's Proposition 47 Grant-Related Sen/ices," Executive Summary, September 2021.
Lili Robin, "Assessment of the Orange County, California, Homeless Mentally III Outreach and Treatment Services," Urban Institute, May 2021.
Mind OC website: https://mind-oc.org/
Minutes of the Orange County Board of Supervisors Meeting, Public Hearing to Consider Adoption of the Fiscal Year 2034-24 Budget.
OC Cares Justice Through Prevention and Intervention, 2025 Quarterly Status Report, October - December 2023.
OCGJ Report, The Mental Illness Revolving Door: A Problem for Police, Hospitals, and the Health Care Agency, 2015.
Orange County Board of Supervisors Resolution No. 2001-38, Adopted February 6, 2001, OCCJCC Proposed Reorganization.
Orange County Sheriff's Department News Release, "OC Sheriff Partners with the OC Health Care Agency to Support Individuals in Crisis." https//ocsheriff.gov.
State of California Commission on Peace Officer Standards and Training Website, "Mental Health Training in Law Enforcement."
Tess Sheets and Alicia Robinson, "Governor Gavin Newsom Visits to Help Open New Hub for North Orange County Homeless Services," Orange County Register, October 27,2022.
The Times Staff Editorial, "Sheriff's Shooting Cost Taxpayers $25 million. Where's the Accountability?" Los Angeles Times, April 8,2024.
Treatment Advocacy Center, "Road Runners: The Role and Impact of Law Enforcement in Transporting Individuals with Severe Mental Illness," 2019. Retrieved from https://www.treatmentadvocacycenter.org.
Treatment Advocacy Center, "Serious Mental Illness by the Numbers," 2022. Retrieved from https://www.treatmentadvocacycenter.org.
Urban Institute Interim Evaluation Report, "Evaluation of Orange County's Proposition 47 Grant-Related Services," September 2021.
2023-2024 Orange County Grand Jury Page 18
195
Law Enforcement's Response to Mental Health Calls for Service
GLOSSARY
BHB Behavioral Health Bureau (Orange County Sheriff's Department) BHS Behavioral Health Services
BRU Behavioral Response Unit
CAT Crisis Assessment Team
CIT Crisis Intervention Training
HOPE Homeless Outreach and Proactive Engagement
IRC Intake Release Center
LASD Los Angeles Sheriff's Department
LCSW Licensed Clinical Social Worker
LD Learning Domain
NAMI OC National Alliance on Mental Illness - Orange County Chapter OCCJCC Orange County Criminal Justice Coordinating Council OCGJ Orange County Grand Jury
OCHCA Orange County Health Care Agency
OCSD Orange County Sheriff's Department
PERT Psychiatric Emergency Response Team
POST Peace Officer Standards and Training
SB Senate Bill
SPA Service Planning Area
UCI University of California, Irvine
2023-2024Orange County Grand JuryPage 19
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Law Enforcement's Response to Mental Health Calls for Service
APPENDIX
National Alliance on Mental Illness, Orange County (NAMI OC) Warm Line If you or someone you know is experiencing a mental health crisis, it is essential to take immediate action.
Why a "Warm Line" and not a "Hot Line?"
Imagine a pot left unattended and beginning to boil over-it requires immediate intervention to prevent avoidable damage. Distress left avoided for too long is similar to a boiling pot.
The Warm Line aims to be an accessible mental health resource people can use for support before they ve reached their boiling point. Our research shows that immediate support will prevent crisis later.
The Warm Line aspires to bring authentic human connection to every conversation. Because our counselors are peers with their own experiences of mental health challenges, MHASF provides support from a place of empathy, understanding, and constant hope for recovery.
Source: Warm Line - Mental Health Association of San Francisco (mentalhealthsf.ora) C^^[^
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2023-2024Orange County Grand JuryPage 20
197
California Penal Code Sections §933 and §933.05
(Note: To reduce grand jury requests for additional response information, the grand Jury has bolded those words in §933.05 which should be appropriately included in a response.)
933. (a) Each grand jury shall submit to the presidingjudge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service of a grand jury. A final report may be submitted for comment to responsible officers, agencies, or departments, including the county board of supervisors, when applicable, upon finding of the presiding judge that the report is in cotnpliancewith this title. For 4.5 days after the end of the term, the foreperson and his or her designees shall, upon reasonable notice, be available to clarify the recommendations of the report. .(b) One.eppy ofeach;fi.nal.rep_Qrt,'together;with the responses thereto, found to be in compliance with this title shall be placed on file with the clei-k bfthe'court and remain on file in the office of the clerk. The clerk shall unm'ediately forward a true copy of. the report.and .the responses to the State Archivist who shall retain that report and all responses in perpetuity.
.(c) -No later than 90 days after.', the grand jury submits, a final report on the operations of any public agency subject to its reviewing authority:, the governing body of the .public agency shall comment to the presiding judge of the superior court on the-findings_and i'ecommendatiQiis_p_.ertaining .to.matters under the control of the governing body, and eveiy elected county officer:or agency head for which the grand jury has responsibility pursuant to Section 914,1 shall comment within 60.-d.ays to the. presiding judge of the superior court, with an informatioa copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency ^ or: agencies which .that.Qffice.r or agency head supervises or controls. In any city and county, the mayor shall also comment.orL.the.fm.dings and recommendations. All of these comments and reports shall forthwith be submitted ;tQ the presiding judge of'the:superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be .placed on file.with the. clerk, of the public agency and the office of the county clerk, or the mayor when applicable,-and shall remain on-file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years.
(d) As used in this section "agency" includes a department. 933.03. (a) For purposes Qf'subdiyisi.on (b.) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2.) ,The respondent-disagrees wholly .or partially .with the finding, in which case the response shall specify the portion of the finding that. is disputed and shall include an explanation of the reasons therefor. (b) For purposes ofsyNiyision.(b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
..(1) -The recommendation.has ^ been implemented, with a summary regarding the implemented action. (2)_The.recQmm.endationhas. not-yetbeen.implemented, but will be implemented in the future, with a timeframe for implementation.
, .(3.) .;The. re.commendation .requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for 'the matter to be prepared for discussion by the officer or head of the agency or • • - department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. :(4) The recommendation will-not. be implemented because it is not warranted or is not reasonable, with an explanation therefor.
.(s)_iT[owe.ver, •lf_a finding .or.recommendation.of-the grand juiy addresses budgetary or personnel matters of a county :agency or department; headed.by an. elected offi.cer.,..both the agency or department head and the board of supervisors shalJ;respQndifjeques.ted:b.y;tbe:grandjt.iry,bytthe response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or. departmenLhead shall a.ddr.ess._a.lL.aspectsofthe findings or recommendations affecting his or her agency or department.
(d.) A grand.jury may-r.equest-a^subj'ect person or entity to come before the grand jury for the purpose of reading and ,-d.LsGussing tMfindings,of the :grandjury.report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.
(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own deterirunation or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.
(f) A grand jury shall provide to the affected agency.acopy of the portion of the grand jury report relating to that person or entity two working days prior.to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of 198
August 8, 2024
The Honorable Maria Hernandez
Presiding Judge of the Superior Court of California
700 Civic Center Drive West
Santa Ana, CA 92701
RE: Response to the 2023-24 Orange County Grand Jury Report re: Law Enforcement’s Response to Mental Health Calls for Service.
Dear Judge Hernandez,
In accordance with Penal Code 933.05(a) and (b), the City of Garden Grove submits the following response to the report, findings, and recommendations of the 2023 -24 Orange County Grand Jury Report entitled, “Law Enforcement’s Response to Mental Health Calls for Service.”
FINDINGS
F1. Mental health training for law enforcement officers in Orange County exceeds the State’s requirements, resulting in law enforcement applying these skills to better evaluate and handle mental health calls for service.
Response: The City of Garden Grove agrees with the above finding. The recommendation has been implemented. The Garden Grove Police Department is fully committed to ongoing mental health training. Currently, the Commission on Peace Officers Standards and Training (POST) requires officers to complete 24 hours of training every two years, which includes three hours of mental health training. The Garden Grove Police Department exceeds this required training and mandates officers to complete two hours of mental health training annually. This training exceeds the mandated training by POST and is also required by our accreditation through the Commission of Accreditation for Law Enforcement (CALEA). The Garden Grove Police Department was last accredited in July of 2024.
F2. Law enfo rcement agencies in Orange County have developed unique ways to deal with mental health calls in their communities based on their particular needs and budgets, enabling law enforcement to better serve their communities.
Response: The City of Garden Grove agrees with the above finding. The recommendation has been implemented. The City of Garden Grove was the first City in the County to implement both full-time Be Well crisis counselors and a part-time Psychiatric Emergency Response Team (PERT) clinician. Officers can access the Crisis Assessment Team (CAT) if Be Well or PERT are unavailable. In addition, Garden Grove staff participated in the Orange County Mental Health Crisis Response Continuum Forum hosted at Freedom Hall Mile Square Park, and the City’s GGPD Special Resource Team regularly collaborates with the County mobile CAT team to address mental health needs.
199
F3. Law enforcement collaboration with County PERT clinicians and Be Well mobile response units has been an effective tool when respondin g to mental health calls for service.
Response: The City of Garden Grove agrees with the above finding. The recommendation has been implemented. Furthermore, the City of Garden Grove has been a pioneer in mental health services and was the first City in Orange County to have both Be Well crisis counselors and PERT clinicians simultaneously.
F4. People with mental illness respond more positively to “soft uniformed” police personnel, which can be effective in de-escalating situations.
Response: The City of Garden Grove agrees with the above finding. The recommendation has been implemented. GGPD authorizes their Special Resource Team the ability to wear and respond to calls in a modified uniform consisting of gray pants, a black polo shirt, and the optional soft boots or athletic shoes. This uniform is distinctly different from the standard navy wool uniform worn by patrol officers and most GGPD officers. Furthermore, Special Resource Officers have an unmarked truck to respond to mental health calls an d perform homeless outreach. GGPD observes that individuals are more likely to react favorably to officers’ presence when officers are not in a traditional police uniform and are not driving marked black and white police vehicles.
F5. Providing follow-up case management is not only necessary but critical for the well-being of people experiencing mental health issues.
Response: The City of Garden Grove agrees with the above finding. The recommendation has been implemented. GGPD routinely collabo rates with PERT, CAT, and Be Well on case management and following up with our community members’ mental health needs. A significant portion of Be Well and PERT ’s time is spent on case management. Additionally, GGPD allows Be Well to follow up without an o fficer present when the situation permits. Be Well counselors are also available 18 hours a day and can follow up after school and traditional work hours, unlike PERT, which is only available for conventional working hours.
Thank you for the opportunity to respond to the Grand Jury’s report. Should you have any questions or need additional information, please contact Shawn Park, Assistant to the City Manager, at (714) 741-5371 or by email at [email protected].
Respectfully Submitted,
Steven R. Jones
Mayor of Garden Grove
200
Item 307/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Matt West
Dept:
City Manager Dept: City Manager
Date: 8/13/2024
Subject: Approval of new lease agreements with the County of Orange for the Tibor Rubin and Chapman Library branches. (Action Item)
OBJECTIVE
To obtain City Council approval to enter into new lease agreements with the County of Orange for the library facilities located at 11962 Bailey Street (Tibor Rubin) and 9182 Chapman Avenue (Chapman).
BACKGROUND
On May 1, 1968, the City of Garden Grove and the County of Orange entered into thirty (30) year Facility Lease Agreements for the use of the Tibor Rubin and Chapman library facilities.
On August 8, 1995, the City approved amendments to the leases, waiving rent for the remainder of the term as a direct result of the County bankruptcy. On March 16, 1999, the City of Garden Grove entered into a 10-year lease agreement with the County for continued use of the City library facilities rent -free. In January 2010, the City once again entered into an 8-year lease agreement with the County for continued use of the City library facilities rent- free. This lease agreement expired on July 3 1, 2018. Since 2018, the County has operated the Tibor Rubin and Chapman branch libraries under the same terms on a month to month basis.
DISCUSSION
On July 25, 2023, the City of Garden Grove entered into a new lease agreement with the County of Orange in order to secure $4,077,747 in grant funds for the Garden Grove Regional Library facility located at 11200 Stanford Avenue. In order to bring all library leases current, the City has been working with the County to update the lease agreements for the Tibor Rubin and Chapman branch libraries.
The terms of the new lease agreements are as follows:
201
Item 307/2024
Premises:
The Tibor Rubin Branch Library facility is 5,279 square feet and ten (10) parking spaces.
The Chapman Branch Library facility is 5,279 square feet and ten (10) parking spaces.
Term: Ten (10) years from the commencement date with the option to extend for two (2) five (5) year periods.
Rent: None. Free library services are provided to the community.
Termination: Lease may be terminated at any time by either Party by giving written notice to the other Party at least one hundred and eighty (180) days prior to said termination date.
Repairs and Maintenance: The City, at its own expense, will be responsible for all building repair and maintenance including, maintenance of the HVAC system and landscaping, in a manner that is consistent with maintenance levels at other branch libraries within the City.
The County will provide janitorial supplies and services, maintain library equipment and personal property, repair damages caused by County patrons, and provide carpet replacement and interior paint as needed.
FINANCIAL IMPACT
The costs of maintenance for the Tibor Rubin Branch Library and Chapman Branch Library are included in the Public Works Facilities Division operating budget. Future costs including capital expenditures will be incorporated during the biennial budget process.
RECOMMENDATION
It is recommended that the City Council:
Approve the lease agreements with the County of Orange for continued use of the City- owned library facilities;
Authorize the City Manager to execute the lease agreements on behalf of the City.
By: Shawn Park, Assistant to the City Manager
ATTACHMENTS
1. Chapman Library Lease
2. Tibor Rubin Library Lease
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GG 27-L-B-R2
Garden Grove/Chapman Branch Library
9182 Chapman Ave.
Garden Grove, CA 92840
LEASE
THIS IS A LEASE (hereinafter referred to as “Lease”) made , 2024, (“Effective Date”), by and between the CITY OF GARDEN GROVE, a municipal corporation (hereinafter referred to as “City”) and the COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as “County”). The City and County may individually be referred to herein as a “Party,” or collectively as the “Parties.”
1. DEFINITIONS (1.0 SA)
“Board of Supervisors ” means the Board of Supervisors of the County of Orange, a political subdivision of the State of California.
“Building” means the building commonly known as 9182 Chapman Ave., Garden Grove , California, 92840, constituting a portion of the Premises.
“CEO/Office of Risk Management ” means the Risk Manager, County Executive Office, Risk Management, County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the County Executive Officer or the Board of Supervisors.
“Chief Real Estate Officer ” means the Chief Real Estate Officer , County Executive Office , County of Orange, or upon written notice to City, such other entity as shall be designated by the County Executive Officer.
“County Counsel” means the County Counsel, County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the County Executive Officer or the Board of Supervisors.
“County Executive Officer ” means the County Executive Officer, County Executive Office, County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the Board of Supervisors.
“County Librarian ” means the County Librarian, OC Public Libraries , County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the County Executive Officer or the Board of Supervisors.
“OC Public Libraries/Facilities Manager” means the Manager, OC Public Libraries/Facilities Services, County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the County Librarian.
“City Manager” means the City Manager of the City of Garden Grove.
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2. PREMISES (1.1 SA)
City leases to County that certain property , including the improvements thereon, described in Exhibit A and shown on Exhibit B, which exhibits are attached hereto and by reference made a part hereof, of approximately 5,279 rentable square feet (“RSF”) in the Building located at 9182 Chapman Ave., Garden Grove, California, 92840 (“Premises”), together with non -exclusive, in common use of elevators, stairways, washrooms, hallways, driveways for vehicle ingress and egress, pedestrian walkways, community room, other facilities and common areas appurtenant to the Premises.
3. USE (1.2 SA)
County shall use the Premises to provide free public library services. County shall not use the Premises or any portion thereof for any illegal or unlawful purpose and will not cause or permit a nuisance to be created or maintained therein.
NO ALCOHOL, TOBACCO, OR MARIJUANA PRODUCTS SHALL BE SOLD FROM OR CONSUMED WITHIN THE PREMISES. DRINKING ALCOHOLIC BEVERAGES AND
SMOKING OF ANY KIND IS PROHIBITED INSIDE ANY BUILDING WITHIN THE PREMISES.
4. PARKING (1.3 SA)
Throughout the T erm of the Lease and including any Extension T erm pursuant to Clause 7 (OPTION TO EXTEND TERM), library patrons shall have the exclusive right to designated parking spaces located within the parking lot and County staff shall have the exclusive right , without charge, to use ten (10) designated parking spaces as shown on Exhibit B. County’s use of said parking spaces shall be subject to all reasonable rules and regulations which are prescribed by City from time to time for the efficient operation of the parking areas for the Building and provided to County in writing. City shall mark the parking spaces designated for County staff.
In addition to said parking spaces, City shall also provide parking for disabled persons (“ ADA Spaces”) in accordance with the Americans with Disabilities Act, Section 7102 of the California Uniform Building Code and the applicable codes and/or ordinances relating to parking for disabled persons as established by the local jurisdiction in which the Premises is located where the provisions of such local codes and/or ordinances exceed or supersede the State requirements.
5. TERMINATION OF PRIOR AGREEMENTS (1.4 SA)
It is mutually agreed that this Lease shall terminate and supersede any prior agreement between the Parties hereto covering all or any portion of the Premises including that certain lease dated January 26, 2010, except for those terms relating to continuing obligations for events during the terms of that prior agreement between the Parties hereto , including but not limited to indemnification, and that all personal property and/or equipment (e.g., fixtures, partitions, counters, shelving) attached to and/or placed upon any portion of the Premises by County pursuant to the terms of any prior agreement between the Parties hereto shall remain the personal property of County, who shall have the right and obligation to remove same. 204
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6. TERM (1.5 NA)
The term of this Lease shall commence on the first day of the first full calendar month following the Effective Date (“Commencement Date ”) and continue in effect for ten (10) years, unless sooner terminated as provided herein or as otherwise agreed to in writing by the Parties (“Term”).
Parties agree that the Commencement Date of this Lease will be confirmed in writing by either Party upon demand by the other.
7. OPTION TO EXTEND TERM (1.6 SA)
Provided there is no current County Default under this Lease (as further defined in Clau se 29 (DEFAULTS AND REMEDIES) , either at the time of the exercise of the Option or upon commencement of the Extension Term, County shall have the option to extend the term (the “Option(s)”) of this Lease for two (2) five (5) year periods (each an “Extension Term”) approved by the Chief Real Estate Officer and memorialized in an amendment . County shall give City written notice of its intent to exercise its Option(s) to extend the Term no sooner than twelve (12) months and no later than nine (9) months prior to the Lease termination date. Time is of the essence in the exercise of the Option(s). The Option(s) shall be personal to County and shall not be exercised by any assignee or sublessee of County. “Term” as used in this Lease shall mean the initial Term and the Extension Term(s) if the Option(s) are duly exercised. If the County exercises the Options(s) to extend, during each of the Extension Term(s) County shall continue to have the option to terminate the Lease pursuant to Clause 8 (OPTION TO TERMINATE).
8. OPTION TO TERMINATE LEASE (1.7 NA)
Unless earlier terminated as set forth herein, this Lease may be terminated at any time by either Party by giving written notice to the other Party at least one hundred and eighty (180) days prior to said termination date.
9. RENT (1.8 NA)
In exchange for the valuable consideration of providing free public library services, County’s use of the Premises shall be rent-free throughout the Term of this Lease or any Extension Term(s) and shall continue to be rent -free as long as County uses the Premises to provide free public library services.
10. RENT ADJUSTMENT (1.9 SA) - Intentionally Omitted
11. ADJUSTMENT FOR COST OF CITY SERVICES (2.0 SA) - Intentionally Omitted
12. RIGHT OF FIRST OFFER (2.1 SA) - Intentionally Omitted
13. CONSTRUCTION (2.2 SA) – Intentionally Omitted
14. PAINTING BY CITY (2.3 SA) – Intentionally Omitted
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15. CARPETING BY CITY (2.4 SA) – Intentionally Omitted
16. ALTERATIONS (2.5 SA)
County may make improvements and changes in the Premises, including, but not limited to, the installation of fixtures, partitions, counters, shelving, and equipment as deemed necessary or appropriate by the County in its discretion. It is agreed that any such fixtures, partitions, counters, shelving, or equipment attached to or placed upon the Premises by County shall be considered as personal property of County, as defined below in Clause 34 (COUNTY PROPERTY), which shall have the right and the obligation, to remove same. County agrees that the Premises shall be left in as good condition as when received, reasonable wear and tear exempted.
17. IMPROVEMENTS BY CITY (2.6 NA) – Intentionally Omitted
18. ORANGE COUNTY TELECOMMUNICATIONS NETWORK (2.7 NA)
City agrees that County may install, at County’s sole cost and expense, telecommunication devices and a security card access system in, on, or around the Premises and Building in accordance with the relevant and applicable County telecommunications network plans and specifications, provided that the provisions of Clause 16 (ALTERATIONS), shall be applicable to such work. It shall be County’s responsibility to obtain all governmental permits and/or approvals required for such installation; however, City shall reasonably cooperate with County as necessary or appropriate, to obtain said permits and/or approvals. Additionally, County or County subcontractors have the right to enter the Premises and/or Building to maintain, repair or replace the County telecommunications network consistent with said contract between County and its service provider. County may, in its discretion, remove any cabling, conveyance systems or cabling conduit installed by County. When the Lease is terminated, County reserves all rights to remove, at its discretion, any such telecommunication improvements from the Premises and/or Building.
19. REPAIR, MAINTENANCE, AND JANITORIAL SERVICES (2.8 NA)
A. County Services. County shall provide, at its own cost and expense, except as otherwise provided in this Lease or as otherwise directed by City: (1) all janitorial supplies and services to the Premises, including the supplying of restroom expendables and replacement of light bulbs and Light Emitting Diode (LED) lamps ; (2) any and all necessary repair, maintenance and replacement of all equipment and personal property within the Premises; and (3) the cleaning and refinishing of interior surfaces and repair of all damage caused by County’s patrons’ use and/or misuse of the Premises; and (4) any and all necessary repair, maintenance, and replacement of all carpet and paint inside the Library.
B. City Services . City shall provide, at its own cost and expense, all other repair and maintenance items, including, but not limited to, maintenance of the heating and air conditioning system (the “ Services”) as further defined in Exhibit C, which is attached hereto and by this reference made a part hereof. City’s repair and maintenance standards shall be consistent with the maintenance levels at other branch libraries within the City and throughout Orange County.
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Subject to the prior paragraph, if City fails to provide satisfactory repair and maintenance (including fire extinguishers) to the Premises in a manner consistent with the maintenance levels of other branch libraries throughout Orange County, County may no tify City in writing; and if City does not instigate measures to provide satisfactory service and/or to remedy the unsatisfactory conditions within a reasonable time after County has placed such notice in the mail to City directed to the address shown for City in Clause 59 (NOTICES) below, or has personally delivered such notice to City, County may provide the repair and maintenance necessary to remedy the unsatisfactory conditions and assure satisfactory service or have others do so, and bill the cost thereof to City, incl uding labor, materials, and overhead.
If City or City’s representative cannot be contacted by County for emergency repairs and/or services the same day any emergency repairs and/or services are necessary to remedy the emergency condition, or if City following such contact by County is unable t o make the necessary repairs or provide the necessary services, County may, at its option, have the necessary repairs made and/or provide services to remedy the emergency condition, and bill City the cost thereof including labor, materials, and overhead. / Notwithstanding the above, County may communicate a notice of a deficiency to City by telephone and confirming facsimile or email. The date and time stamped on the facsimile/email confirmation page shall determine the date and time notice was first given to City.
Should County be forced to shut down its operations within the Premises due to City's failure to provide services required by this clause, City shall be responsible for the cost, to the County, if any, of such a shutdown.
C. Warranties. In order for the County to comply with the California Code of Regulations, Title 8, Section 5142 (“Regulation 5142”), and as it may be subsequently amended, City shall regularly inspect and maintain the HVAC system as required by Regulation 5142 and provide repair and maintenance accordingly. Inspections and maintenance of the HVAC system shall be documented in writing and City shall retain such records for at least five (5) years. City shall make all HVAC records required by this section available to County for examination and copying, within forty -eight (48) hours of a written request. City acknowledges that County may be subject to fines and/or penalties for failure to provide said records to regulatory agencies within the given timeframes. Should County incur fines and/or penalties as a direct result of City’s failure to provide said records to County in a timely manner and as set forth herein, City shall reimburse County for said fines and/or penalties within thirty (30) days upon written notice.
D. HVAC System. City will ensure that air conditioning is supplied to cause the temperature in the Premises and Building to be at a temperature consistent with other office buildings in Orange County, California, which are typically not less than 70° F nor greater than 75° F, during all Normal Business Hours as defined below in Clause 19(E). In order to ensure that the Premises and Building reach the temperature parameters required by this Lease during Normal Business Hours, the HVAC services will commence one hour prior to the beginning of Normal Business Hours.
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E. Normal Business Hours. The “Resource Deployment Formula ” determines the days and hours of operations for libraries based on weighing factors which include, but are not limited to, population, taxes and circulation of library materials. Pursuant to and consistent with the Resource Deployment Formula, the County agrees, to keep the Premises and Building open the minimum hours determined. (“Normal Business Hours”). County agrees that it will confer and consult with City at least ninety (90) days prior to any alteration of Normal Business Hours by County.
20. UTILITIES (2.9 N)
County shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the Premises.
21. BUILDING AND SAFETY REQUIREMENTS (3.0 SA)
During the Term and Extension Term(s) of this Lease, City, at City’s sole cost, agrees to maintain the Premises in compliance with all applicable laws, rules, regulations, building codes, statutes, and orders as they are applicable on the date of this Lease, and as they may be subsequently amended, including but not limited to the California Building Code, Title 24, Seismic Code, Fire and Life Safety requirements and, if applicable, California Green Building Standard Code.
Included in this provision is compliance with the Americans with Disabilities Act (“ADA”) and all other federal, state, and local codes, statutes, and orders relating to disabled access as they are applicable on the dates of this Lease, and as they may be subsequently amended and all regulations issued by the U. S. Attorney General or other agencies under the authorization of the ADA .
However, City shall not be responsible for any ADA violations resulting from alterations made by County or the placement of County’s furniture, fixtures or equipment by County.
City and County shall use commercially reasonable efforts to repair and maintain the Premises as a “safe place of employment,” as defined in the California Occupational Safety and Health Act (California Labor Code §§ 6300 et seq.,) and the Federal Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.). County agrees to notify City of any repair or maintenance necessary within the Premises or Building to comply with such Act s for which City is responsible and City agrees to take such steps necessary to repair or maintain the Premises or Building. In the event that such repair or maintenance is necessary and is the result of County’s acts or omissions , provided that County approves a work order with associated expense estimate, City agrees to perform such repair or maintenance and County agrees to reimburse City within thirty (30) days.
In the event City neglects, fails, or refuses to maintain said Premises as aforesaid, following thirty (30) days after written notice from County to City providing notice of such neglect or failure or refusal, County may, notwithstanding any other termination provisions contained herein: thirty (30) days following a second written notice of such neglect or failure or refusal, County may terminate this Lease with written notice to the City.
22. ASSIGNMENT AND SUBLETTING (3.1 SA)
County shall not assign this Lease or sublet the Premises or any part thereof without the prior written consent of City. However, both Parties agree that the County has the right to enter into a 208
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license agreement with the Friends of the Library, without the prior writ ten consent of the City.
This Lease serves as notice to the City of said license agreement between the County and Friends of the Library.
23. INSURANCE (3.2 N)
City shall obtain and keep in force during the term of this Lea se a program of self -insurance to cover City’s liability arising from City’s performance of its obligations hereunder with limits no less than two million dollars ($2,000,000.00) and a policy or policies of commercial property insurance written on ISO form CP 00 10 10 12, or a substitute form providing coverage at least as broad, to cover the loss or damage to the Premises to the full insurable value of all improvements and fixtures owned by City, at least in the amount of the full replacement cost thereof.
City agrees to and shall include in the policy or policies of commercial property insurance a standard waiver of right of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees by the insurance company issuing said policy or policies.
City further agrees to include in the policies required hereunder an Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, agents and employee s as an additional insured.
County shall obtain, maintain, and keep in full force and effect during the life of this Lease insurance or a program of self -insurance against claims for injuries to persons or damages to property which may arise from or in connection with the County’s operation and use of the Premises. The cost of such insurance or a program of self-insurance shall be borne by the County.
County shall designate the City as an Indemnified Party under its program of self-insurance.
Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Two Million Dollars ($2,000,000.00) per occurrence.
b. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease.
c. Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.
If City or County maintains broader coverage and/or higher limits than the minimums shown above, the other P arty shall be entitled to the broader coverage and/or higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the other Party.
Endorsements. County’s program of self-insurance shall contain the following provisions:
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a. Indemnified Party Status. The City of Garden Grove and its elected and appointed boards, officers, officials, agents, employees, and volunteers are to be covered as an Indemnified Party on the County’s program of self -insurance with respect to liability arising out of work or operations performed by or on behalf of the County of Orange including materials, parts, or equipment furnished in connection with such work or operations.
b. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, suspended, voided, nor the coverage or limited reduced, except with thirty (30) days written notice to the City.
Upon approval by City, the required endorsements set forth herein may be satisfied by County’s Certificate of Self-insurance.
Waiver of Subrogation. County and City hereby waive all rights of subrogation.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
County and City shall provide Certificates of Insurance or a Certificate of Self-insurance to comply with the insurance requirements stated herein.
Special Risks or Circumstances. City reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances; however said modifications must be mutually agreed upon by both Parties.
24. INDEMNIFICATION (3.3 N)
County hereby agrees to indemnify, hold harmless, and defend City, its elected and appointed officials, officers, agents, employees, and volunteers from and against any and all claims, losses, demands, damages, costs, including reasonable attorneys’ fees, expenses or liability arising in connection with the occupancy and use of the Premises by County, except for liability arising out of the sole negligence or willful misconduct of City, its elected and appointed officials, officers, agents, employees, or volunteers, including the cost of defense of any lawsuit arising therefrom.
City hereby agrees to indemnify, hold harmless, and defend County, its elected and appointed officials, officers, agents, employees, and volunteers against any and all claims, losses, demands, damages, costs, including reasonable attorneys’ fees, expenses or liability arising out of the ownership or maintenance of the Premises, except for liability arising out of the sole negligence or willful misconduct of County, its elected and appointed officials, officers, agents, employees, or volunteers, including the cost of defense of any lawsuit arising therefrom.
In the event judgment is entered against County and City because of the concurrent active negligence of County and City, their officers, agents, or employees , the Parties agree that an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither Party shall request a jury apportionment.
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25. TAX EXEMPTION (3.4 SA) – Intentionally Omitted
26. TOXIC MATERIALS (3.5 SA)
County hereby warrants and represents that County will comply with all laws and regulations relating to the storage, use and disposal of hydrocarbon substances and hazardous, toxic or radioactive matter, including, but not limited to, those materials identified in Title 26 of the California Code of Regulations (collectively “Toxic Materials”). County shall be responsible for and shall indemnify and hold City, its elected officials, officers, directors, employees, agents, and representatives, harmless from and against all claims, costs and liabilities, including attorneys ’ fees and costs arising out of or in connection with the storage, use, and disposal of Toxic Materials on the Premises by County. If the storage, use, and disposal of Toxic Materials on the Premises by County results in contamination or deterioration of water or soil resulting in a level of contamination greater than maximum allowable levels established by any governmental agency having jurisdiction over such contamination, County shall promptly take any and all action necessary to clean up such contamination.
City hereby warrants and represents that City has in the past and will hereafter comply with all applicable laws and regulations relating to the storage, use and disposal of Toxic Materials. If the previous, current and future storage, use, and disposal of Toxic Materials on the Premises by City results in contamination or deterioration of water or soil resulting in a level of contamination greater than maximum allowable levels established by any governmental agency having jurisdiction over such contamination (and such violation does not arise out of any acts or omissions of County, its agents, employees or contractors ), City shall promptly take any and all action necessary to clean up such contamination.
27. SUBORDINATION, ATTORNMENT AND NON -DISTURBANCE ( 3.6 SA) - Intentionally Omitted
28. ESTOPPEL CERTIFICATE (3.7 SA) - Intentionally Omitted
29. DEFAULTS AND REMEDIES (3.8 N)
County Default:
County shall be deemed in default of this Lease if: a) in the event of any monetary breach of this Lease by County, City shall notify County in writing of such breach, County shall have ten (10) days from such notice in which to cure said breach , and County fails to cure said breach, or b) in the event of any non -monetary breach of this Lease , County fails within fifteen (15 ) days after receipt by County of written notice specifying wherein such obligation of County has not been performed; provided however, that if the nature of County’s obligation is such that more than fifteen (15) days after such notice are reasonably required for its performance, then County shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such fifteen (15 ) day period and thereafter diligently pursued to completion (each, a “ County Default”).
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City Default:
City shall be deemed in breach of this Lease if: a) in the event of any monetary breach of this Lease by City, County shall notify City in writing of such breach, City shall have ten (10) days from such notice in which to cure said breach , and City fails to cure said breach, or b) in the event of any non-monetary breach of t his Lease, City fails within fifteen (15 ) days after receipt by City of written notice specifying wherein such obligation of City has not been performed; provided however, that if the nature of City’s obligation is such that more than fifteen (15) days after such notice are reasonably required for its performance, then City shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such fifteen (15) day period and thereafter diligently pursued to completion (each, a “City Default”).
County Remedies:
County’s remedies as the result of City Default shall be the right to damages, injunctive relief, and/or any other rights at law or in equity.
City Remedies:
City’s remedies as the result of County Default for monetary or non-monetary breach shall be the right to damages, injunctive relief, and/or any other rights at law or in equity.
In addition to the remedies set forth herein, in the event of a City Default or a County Default, the non-defaulting Party may immediately terminate this Lease. Such termination shall be deemed effective thirty (30) days after the non -defaulting party provides written notice to the defaulting party that it is terminating this Lease pursuant to this Clause 29. Upon termination of this Lease, County shall remove all County-owned property and equipment from the Premises in a timely manner.
30. DEBT LIMIT (3.9 SA) - Intentionally Omitted
31. LABOR CODE COMPLIANCE (4.0 SA)
City acknowledges and agrees that all future improvements or modifications required during the Term of this Lease by City, at the request of County, shall be governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections 1770, et seq.), as applicable. These provisions may be applicable to improvements or modifications costing more than $1,000, unless an exception applies, including but not limited to the exception to the definition of public works under § 1720.2.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, City contractors and/or subcontractors shall comply with the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality applicable to this Lease for each craft, classification, or type of workman needed to execute the aforesaid improvements or mod ifications. The rates are available at the following website:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm from the Director of the State Department of Industrial Relations . As required by applicable law, City contractors and/or 212
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subcontractors shall cause to be posted a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates at all times for all improvements or modifications to be completed for County within the Premises. As applicable, City contractors and/or subcontractors shall comply with the provisions of Sections 1775 and 1813 of the Labor Code.
As required by applicable law, City shall cause payroll records to be maintained for all workers that will be assigned to the improvements or modifications. Said payroll records shall contain, but not be limited to, the complete name, address, telephone number, social security number, job classification, and prevailing wage rate for each worker. Upon request City shall provide the OC Public Libraries/Facilities Manager updated, certified payroll records for all workers that shall include, but not be limited to, the weekly hours worked, prevailing hourly wage rates, and total wages paid.
Except as expressly set forth in this Lease, nothing herein is intended to grant authority for City to perform improvements or modifications on space currently leased by County or for which County has entered into a lease or lease amendment.
32. RIGHT TO WORK AND MINIMUM WAGE LAWS (4.1 SA)
In accordance with the United States Immigration Reform and Control Act of 1986, City shall require its employees that directly or indirectly service the Premises or the terms and conditions of this Lease, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. City shall also require and verify that its contractors or any other persons servicing the Premises or terms and conditions of this Lease, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States.
Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, City shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the Premises, in any manner whatsoever. City shall require and verify that all its contractors or other persons servicing the Premises on behalf of the City also pay their employees no less than the greater of the Federal or California Minimum Wage.
City shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the Premises or terms and conditions of this Lease.
Notwithstanding the minimum wage requirements provided for in this clause, City, where applicable, shall comply with the prevailing wage and related requirements, as provided for in Clause 31 (LABOR CODE COMPLIANCE) of this Lease.
33. COMMISSION (4.2 SA) - Intentionally Omitted
34. COUNTY PROPERTY (4.3 SA)
All trade fixtures, merchandise, inventory, telecommunications equipment, supplemental air conditioning equipment and all personal property placed in or about the Premises by, at the direction of or with the consent (express or implied) of the City, its employees, agents, licensees 213
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or invitees, shall be at the sole risk of the County, and City shall not be liable for any loss of or damage to said property resulting from any cause whatsoever unless such loss or damage is the result of City’s negligence or willful misconduct and not otherwise waived pursuant to Clause 35 (CITY’S RIGHT OF ENTRY) below. City hereby waives any and all lien rights, whether statutory or common law or established pursuant to this Lease, that City may have as “landlord” with respect to any and all goods, ware s, equipment, fixtures, furniture, improvements and other personal property of County presently or which may hereafter be situated within the Premises.
35. CITY’S RIGHT OF ENTRY AND ACCESS TO THE PREMISES (4.4 NA)
City shall have the right to enter the Premises at any time, with or without notice to County. City and County shall each have full access to the entire Premises, with the exception of each Party’s server room. Access to each Party’s server room shall be limited to that Party and its officers, agents, employees, and volunteers, unless such Party permits access to the other Party.
36. SIGNAGE (4.5 SA)
County shall not erect, install or maintain any sign or display upon or in front of the Premises and/or Building without prior written approval from City. However, County may hang up to two banners and/or flags at each entrance to the Library for special events without prior City approval.
Such banners and flags shall be removed promptly after the conclusion of such special events. All signage shall comply with all applicable laws and zoning and site plan requirements.
37. SECURITY SERVICES (4.6 NA)
County may provide security services within the Premises. City may provide security services for the exterior of the Premises.
County shall wire the Building alarm system notifications so that City’s Police and Fire Departments are notified when the Building alarm system activated.
38. AUTHORITY (4.7 SA)
The persons executing the Lease below on behalf of County or City warrant that they have the power and authority to bind County or City to this Lease.
39. LEASE ORGANIZATION (4.8 SA)
The various headings in this Lease, the numbers thereof, and the organization of the Lease into separate sections and paragraphs are for purposes of convenience only and shall not be considered otherwise.
40. SUCCESSORS IN INTEREST (4.9 SA)
Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the Parties hereto, all of whom shall be jointly and severally liable hereunder.
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41. DESTRUCTION OF OR DAMAGE TO PREMISES (5.0 NA)
“Partial Destruction ” of the Premises shall mean damage or destruction to the Premises, for which the repair cost is less than 25 percent (25%) of the then replacement cost of the Premises (including tenant improvements), excluding the value of the land.
“Total Destruction” of the Premises shall mean damage or destruction to the Premises, for which the repair cost is 25 percent (25%) or more of the then replacement cost of the Premises (including tenant improvements), excluding the value of the land.
In the event of a Partial Destruction of the Premises, City shall immediately pursue completion of all repairs necessary to restore the Premises to the condition which existed immediately prior to said Partial Destruction. Said restoration work (including any demolition required) shall be completed by City, at City’s sole cost, within sixty (60) days of the occurrence of said Partial Destruction or within an extended time frame as may be mutually agreed. County shall reimburse City for costs to repair the Premises for damage or destruction caused by County or County’s employees, agents or invitees. The Partial Destruction of the Premises shall in no way render this Lease null and void. Should City fail to complete necessary repairs, for any reason, within sixty (60) days, or other time frame as may be mutually agreed, County may, at County’s sole option, terminate the Lease.
In the event of Total Destruction of the Premises or the Premises being legally declared unsafe or unfit for occupancy, this Lease shall in no way be rendered null and void and City shall immediately initiate action to rebuild or make repairs, as necessary, to restore the Premises (including replacement of all tenant improvements) to the condition which existed immediat ely prior to the destruction. County shall reimburse City for costs to repair the Premises for damage or destruction caused by County or County’s employees, agents or invitees. In the event City refuses to diligently pursue or is unable to restore the Premises to a condition suitable for being occupied (including replacement of all tenant improvements) within one hundred and eighty (180) days of the occurrence of said destruction or within an extended time frame as may be mutually agreed, County may, at County’s sole option, terminate this Lease.
42. AMENDMENT (5.1 SA)
This Lease sets forth the entire agreement between City and County and any modification must be in the form of a written amendment.
43. PARTIAL INVALIDITY (5.2 SA)
If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
44. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (5.3 SA)
If either Party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of Force Majeu re as defined below in Clause 55 (FORCE MAJEURE) , 215
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performance of such act shall be excused for the period of the delay; and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.
Financial inability shall not be considered a circumstance excusing performance under this Lease.
45. STATE AUDIT (5.4 SA)
Pursuant to and in accordance with Section 8546.7 of the California Government Code, in the event that this Lease involves expenditures and/or potential expenditures of State funds aggregating in excess of ten thousand dollars ($10,000), City shall be subject to the examination and audit of the Auditor General of the State of California for a period of three years after final payment by County to City under this Lease. The examination and audit shall be confined to those matters connected with the performa nce of the contract, including, but not limited to, the costs of administering the contract.
46. WAIVER OF RIGHTS (5.5 SA)
The failure of City or County to insist upon strict performance of any of the terms, conditions, and covenants in this Lease shall not be deemed a waiver of any right or remedy that City or County may have, and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, and covenants herein contained.
47. HOLDING OVER (5.6 SA)
In the event County shall continue in possession of the Premises after the Term or any Extension Term of this Lease, such possession shall not be considered a renewal of this Lease but a tenancy from month to month and shall be governed by the conditions and covenants contained in this Lease.
48. EARTHQUAKE SAFETY (5.7 SA)
City hereby confirms that to the best of City’s knowledge, the Premises was in compliance with all applicable seismic safety regulations and building codes at the time of construction.
49. QUIET ENJOYMENT (5.8 SA)
City agrees that, subject to the terms, covenants and conditions of this Lease, County may, upon observing and complying with all terms, covenants and conditions of this Lease, peaceably and quietly occupy the Premises.
50. ADMINISTRATIVE COSTS (5.9 SA) - Intentionally Omitted
51. GOVERNING LAW AND VENUE (6.0 SA)
This agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive ve nue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. 216
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52. ATTORNEYS’ FEES (6.1 SA)
In the event of a dispute between City and County concerning claims arising out of this Lease, or in any action or proceeding brought to enforce or interpret any provision of this Lease or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys’ fees and costs.
53. TIME (6.2 SA)
Time is of the essence of this Lease.
54. INSPECTION OF PREMISES BY A CERTIFIED ACCESS SPECIALIST (6.3 SA)
In accordance with California Civil Code 1938(e), “ A Certified Access Specialist (CASp ) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requeste d by the lessee or tenant. The Parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction -related accessibility standards within the premises.”
Pursuant to California Civil Code section 1938, City hereby represents that the Premises has not undergone an inspection by a certified access specialist and no representations are made with respect to compliance with accessibility standards. However, if it is determined that a violation of handicapped acc ess laws (including the Americans with Disabilities Act) existed at the Premises as of the Commencement Date, City shall correct such non-compliance at City’s cost.
55. FORCE MAJEURE (6.4 SA)
For purposes of this Lease, the term “Force Majeure” means any of the following events which are beyond the control of either Party: act of God, unavailability of equipment or materials (but only if such equipment and materials were ordered in a timely fashion), enemy or terrorist act, act of war, riot or civil commotion, strike, lockout or other labor disturbance, fire, earthquake, explosion, governmental delays (including nonstandard delays in issuance of any permit or other necessary governmental approva l or the scheduling of any inspections or tests), nonstandard delays by third party utility providers, or any other matter of any kind or character beyond the reasonable control of the Party delayed or failing to perform under this Lease despite such Party’s best efforts to fulfill the obligation. “ Best Efforts ” includes anticipating any potential force majeure event and addressing the effects of any such event (a) as it is occurring and (b) after it has occurred, to prevent or minimize any resulting delay to the greatest extent possible. Force Majeure shall not include inability to obtain financing or other lack of funds. City and County shall be excused for the period of any delay in the performance of any obligation hereunder when such delay is occasioned by causes beyond its control.
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56. CONDEMNATION (6.5 SA)
If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively, “ Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If all or a material portion of the rentable area of the Premises are taken by Condemnation, County may, at County’s option, to be exercised in writing within ten (10) days after City shall have given County written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. City shall also have the right to terminate this Lease if there is a taking by Condemnation of any portion of the Building or property which would have a material adverse effect on City’s ability to profitably operate the remainder of the Building. If neither Party terminates this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining .
Condemnation awards and/or payments shall be the property of City, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken or for severance damages. County hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil Procedure, or any similar or successor Laws.
57. CONSENT OR APPROVAL (6.6 SA)
Unless expressly stated otherwise, where the consent or approval of a Party is required, such consent or approval will not be unreasonably withheld, conditioned or delayed.
58. UNENFORCEABLE PROVISIONS (6.7 SA)
If any paragraph or clause hereof shall be determined illegal, invalid or unenforceable by a court of competent jurisdiction, it is the express intention of the Parties hereto that the remainder of the Lease shall not be affected thereby, and it is also the express in tentions of the Parties hereto that in lieu of each paragraph or clause of this Lease which may be determined to be illegal, invalid or unenforceable, there may be added as a part of this Lease a paragraph or clause as similar in terms to such illegal or in valid or unenforceable paragraph or clause as may be possible and may be legal, valid and enforceable.
59. NOTICES (6.8 SA)
All written notices pursuant to this Lease shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be deemed received upon personal delivery, delivery by facsimile machine, electronic mail, or seventy -two (72) hours after deposit in the United States Mail.
To: City
City of Garden Grove
11222 Acacia Pkwy
Garden Grove, CA 92840
Attention: City Manager
To: County
Orange County Public Library
1501 E. St. Andrew Place
Santa Ana, CA 92705
Attention: County Librarian
With a copy to:
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County of Orange
CEO Real Estate
400 W. Civic Center Dr.,5th Floor
Santa Ana, CA 92701
Attention: Chief Real Estate Officer
60. ATTACHMENTS (6.9 SA)
This Lease includes the following, which are attached hereto and made a part hereof:
I. EXHIBITS
Exhibit A - Premises Description
Exhibit B - Premises Depiction
Exhibit C - City Maintenance Schedule
61. COUNTERPARTS (7.0 SA)
This Lease may be executed in one or more electronic or original counterparts, each of which will be deemed an original signature but all of which together will constitute one and the same instrument.
[SIGNATURE PAGES FOLLOWS]
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IN WITNESS WHEREOF, the Parties have executed this Lease the day and year first above written.
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
Deputy
Date:
RECOMMENDED FOR APPROVAL
OC Public Libraries
By
County Librarian
COUNTY EXECUTIVE OFFICE
By
Administrative Manager
Real Estate Services
CITY
City of Garden Grove, a municipal
corporation
By
Lisa Kim, City Manager
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
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SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD OF SUPERVISORS
PER GC § 25103, RESO. 79-1535
BY:
ROBIN STIELER
Clerk of the Board of Supervisors
of Orange County, California
COUNTY
COUNTY OF ORANGE
BY:______________________________
Chairman of the Board of Supervisors
Orange County, California
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EXHIBIT A
PREMISES DESCRIPTION
PROJECT NO: GG27-L-B-R2 DATE:5/1/2024
PROJECT: Garden Grove, Chapman Branch Library VERIFIED BY: Julie Oakley
All the Premises shown on plot plan marked Exhibit B. Attached hereto and made a part hereof, located at 9182 Chapman Ave., City of Garden Grove, County of Orange, State of California, comprising approximately 5,279 RSF, together with free use of ten (10) parking spaces in the parking shown on Exhibit B.
NOT TO BE RECORDED
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EXHIBIT B
PREMISES DEPICTION
GG 27-L-B.R2 COUNTY OF ORANGE
Garden Grove-Chapman Branch
Prepared By:
Julie Oakley
9182 Chapman Avenue
Garden Grove, CA 92841
Date:
6-11-2024 OC PUBLIC LIBRARIES
Chapman Ave
Staff Parking
Parking
Site
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EXHIBIT C
CITY MAINTENANCE SCHEDULE
HEATING-VENTILATION-AIR CONDITIONING ("HVAC")
• Respond to indoor temperature complaints and provide expeditious correction • Inspect all HVAC systems at least twice a year
• Inspect all support structures, and provide documentation of maintenance and repairs • Inspect all moving parts or components, investigate noises;· belts; bearings; drives; and fans, and lubricate and adjust as recommended per manufacturers' specifications. • Perform air-handling unit maintenance including replacing air filters at least quarterly. • Perform monthly walkthroughs of HVAC systems for preventative maintenance work requests.
GARDEN GROVE LIBRARY LANDSCAPE MAINTENANCE BY CITY CONTRACTOR • Mowing -weekly
• Planter weeding -minimum one time per month
• Shrub trimming -minimum one time per month
• Turf Fertilization -two times per year
• Planter Fertilization -two times per year
• Planter Pre-emergent or alternate method, as needed
• Irrigation inspection -one time per month
• Trimming of trees on an as needed basis
LIBRARY BUILDING MAINTENANCE
• Clean inside and outside of all windows -minimum two (2) times a year
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CEO/RFLS/OCPL-024-035
Garden Grove/Tibor Rubin Branch Library
11962 Bailey Ave.
Garden Grove, CA 92841
LEASE
THIS IS A LEASE (hereinafter referred to as “Lease”) made , 2024, (“Effective Date”), by and between the CITY OF GARDEN GROVE, a municipal corporation (hereinafter referred to as “City”) and the COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as “County”). The City and County may individually be referred to herein as a “Party,” or collectively as the “Parties.”
1. DEFINITIONS (1.0 SA)
“Board of Supervisors ” means the Board of Supervisors of the County of Orange, a political subdivision of the State of California.
“Building” means the building commonly known as 11962 Bailey Ave., Garden Grove , California, 92841, constituting a portion of the Premises.
“CEO/Office of Risk Management ” means the Risk Manager, County Executive Office, Risk Management, County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the County Executive Officer or the Board of Supervisors.
“Chief Real Estate Officer ” means the Chief Real Estate Officer , County Executive Office , County of Orange, or upon written notice to City, such other entity as shall be designated by the County Executive Officer.
“County Counsel” means the County Counsel, County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the County Executive Officer or the Board of Supervisors.
“County Executive Officer ” means the County Executive Officer, County Executive Office, County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the Board of Supervisors.
“County Librarian ” means the County Librarian, OC Public Libraries , County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the County Executive Officer or the Board of Supervisors.
“OC Public Libraries/Facilities Manager” means the Manager, OC Public Libraries/Facilities Services, County of Orange, or designee, or upon written notice to City, such other person or entity as shall be designated by the County Librarian.
“City Manager” means the City Manager of the City of Garden Grove.
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2. PREMISES (1.1 SA)
City leases to County that certain property , including the improvements thereon, described in Exhibit A and shown on Exhibit B, which exhibits are attached hereto and by reference made a part hereof, of approximately 5,279 rentable square feet (“RSF”) in the Building located at 11962 Bailey Ave., Garden Grove, California, 9284 1 (“Premises”), together with non -exclusive, in common use of elevators, stairways, washrooms, hallways, driveways for vehicle ingress and egress, pedestrian walkways, community room, other facilities and common areas appurtenant to the Premises.
3. USE (1.2 SA)
County shall use the Premises to provide free public library services. County shall not use the Premises or any portion thereof for any illegal or unlawful purpose and will not cause or permit a nuisance to be created or maintained therein.
NO ALCOHOL, TOBACCO, OR MARIJUANA PRODUCTS SHALL BE SOLD FROM OR CONSUMED WITHIN THE PREMISES. DRINKING ALCOHOLIC BEVERAGES AND
SMOKING OF ANY KIND IS PROHIBITED INSIDE ANY BUILDING WITHIN THE PREMISES.
4. PARKING (1.3 SA)
Throughout the T erm of the Lease and including any Extension T erm pursuant to Clause 7 (OPTION TO EXTEND TERM), library patrons shall have the exclusive right to designated parking spaces located within the parking lot and County staff shall have the exclusive right , without charge, to use ten (10) designated parking spaces as shown on Exhibit B. County’s use of said parking spaces shall be subject to all reasonable rules and regulations which are prescribed by City from time to time for the efficient operation of the parking areas for the Building and provided to County in writing. City shall mark the parking spaces designated for County staff.
In addition to said parking spaces, City shall also provide parking for disabled persons (“ ADA Spaces”) in accordance with the Americans with Disabilities Act, Section 7102 of the California Uniform Building Code and the applicable codes and/or ordinances relating to parking for disabled persons as established by the local jurisdiction in which the Premises is located where the provisions of such local codes and/or ordinances exceed or supersede the State requirements.
5. TERMINATION OF PRIOR AGREEMENTS (1.4 SA)
It is mutually agreed that this Lease shall terminate and supersede any prior agreement between the Parties hereto covering all or any portion of the Premises including that certain lease dated January 26, 2010, except for those terms relating to continuing obligations for events during the terms of that prior agreement between the Parties hereto , including but not limited to indemnification, and that all personal property and/or equipment (e.g., fixtures, partitions, counters, shelving) attached to and/or placed upon any portion of the Premises by County pursuant to the terms of any prior agreement between the Parties hereto shall remain the personal property of County, who shall have the right and obligation to remove same. 226
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6. TERM (1.5 NA)
The term of this Lease shall commence on the first day of the first full calendar month following the Effective Date (“Commencement Date ”) and continue in effect for ten (10) years, unless sooner terminated as provided herein or as otherwise agreed to in writing by the Parties (“Term”).
Parties agree that the Commencement Date of this Lease will be confirmed in writing by either Party upon demand by the other.
7. OPTION TO EXTEND TERM (1.6 SA)
Provided there is no current County Default under this Lease (as further defined in Clau se 29 (DEFAULTS AND REMEDIES) , either at the time of the exercise of the Option or upon commencement of the Extension Term, County shall have the option to extend the term (the “Option(s)”) of this Lease for two (2) five (5) year periods (each an “Extension Term”) approved by the Chief Real Estate Officer and memorialized in an amendment . County shall give City written notice of its intent to exercise its Option(s) to extend the Term no sooner than twelve (12) months and no later than nine (9) months prior to the Lease termination date. Time is of the essence in the exercise of the Option(s). The Option(s) shall be personal to County and shall not be exercised by any assignee or sublessee of County. “Term” as used in this Lease shall mean the initial Term and the Extension Term(s) if the Option(s) are duly exercised. If the County exercises the Options(s) to extend, during each of the Extension Term(s) County shall continue to have the option to terminate the Lease pursuant to Clause 8 (OPTION TO TERMINATE).
8. OPTION TO TERMINATE LEASE (1.7 NA)
Unless earlier terminated as set forth herein, this Lease may be terminated at any time by either Party by giving written notice to the other Party at least one hundred and eighty (180) days prior to said termination date.
9. RENT (1.8 NA)
In exchange for the valuable consideration of providing free public library services, County’s use of the Premises shall be rent-free throughout the Term of this Lease or any Extension Term(s) and shall continue to be rent -free as long as County uses the Premises to provide free public library services.
10. RENT ADJUSTMENT (1.9 SA) - Intentionally Omitted
11. ADJUSTMENT FOR COST OF CITY SERVICES (2.0 SA) - Intentionally Omitted
12. RIGHT OF FIRST OFFER (2.1 SA) - Intentionally Omitted
13. CONSTRUCTION (2.2 SA) – Intentionally Omitted
14. PAINTING BY CITY (2.3 SA) – Intentionally Omitted
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15. CARPETING BY CITY (2.4 SA) – Intentionally Omitted
16. ALTERATIONS (2.5 SA)
County may make improvements and changes in the Premises, including, but not limited to, the installation of fixtures, partitions, counters, shelving, and equipment as deemed necessary or appropriate by the County in its discretion. It is agreed that any such fixtures, partitions, counters, shelving, or equipment attached to or placed upon the Premises by County shall be considered as personal property of County, as defined below in Clause 34 (COUNTY PROPERTY), which shall have the right and the obligation, to remove same. County agrees that the Premises shall be left in as good condition as when received, reasonable wear and tear exempted.
17. IMPROVEMENTS BY CITY (2.6 NA) – Intentionally Omitted
18. ORANGE COUNTY TELECOMMUNICATIONS NETWORK (2.7 NA)
City agrees that County may install, at County’s sole cost and expense, telecommunication devices and a security card access system in, on, or around the Premises and Building in accordance with the relevant and applicable County telecommunications network plans and specifications, provided that the provisions of Clause 16 (ALTERATIONS), shall be applicable to such work. It shall be County’s responsibility to obtain all governmental permits and/or approvals required for such installation; however, City shall reasonably cooperate with County as necessary or appropriate, to obtain said permits and/or approvals. Additionally, County or County subcontractors have the right to enter the Premises and/or Building to maintain, repair or replace the County telecommunications network consistent with said contract between County and its service provider. County may, in its discretion, remove any cabling, conveyance systems or cabling conduit installed by County. When the Lease is terminated, County reserves all rights to remove, at its discretion, any such telecommunication improvements from the Premises and/or Building.
19. REPAIR, MAINTENANCE, AND JANITORIAL SERVICES (2.8 NA)
A. County Services. County shall provide, at its own cost and expense, except as otherwise provided in this Lease or as otherwise directed by City: (1) all janitorial supplies and services to the Premises, including the supplying of restroom expendables and replacement of light bulbs and Light Emitting Diode (LED) lamps ; (2) any and all necessary repair, maintenance and replacement of all equipment and personal property within the Premises; and (3) the cleaning and refinishing of interior surfaces and repair of all damage caused by County’s patrons’ use and/or misuse of the Premises; and (4) any and all necessary repair, maintenance, and replacement of all carpet and paint inside the Library.
B. City Services. City shall provide, at its own cost and expense, all other repair and maintenance items, including, but not limited to, maintenance of the heating and air conditioning system (the “ Services”) as further defined in Exhibit C, which is attached hereto and by this reference made a part hereof . City’s repair and maintenance standards shall be consistent with the maintenance levels at other branch libraries within the City and throughout Orange County.
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Subject to the prior paragraph, if City fails to provide satisfactory repair and maintenance (including fire extinguishers) to the Premises in a manner consistent with the maintenance levels of other branch libraries throughout Orange County, County may no tify City in writing; and if City does not instigate measures to provide satisfactory service and/or to remedy the unsatisfactory conditions within a reasonable time after County has placed such notice in the mail to City directed to the address shown for City in Clause 59 (NOTICES) below, or has personally delivered such notice to City, County may provide the repair and maintenance necessary to remedy the unsatisfactory conditions and assure satisfactory service or have others do so, and bill the cost ther eof to City, including labor, materials, and overhead.
If City or City’s representative cannot be contacted by County for emergency repairs and/or services the same day any emergency repairs and/or services are necessary to remedy the emergency condition, or if City following such contact by County is unable t o make the necessary repairs or provide the necessary services, County may, at its option, have the necessary repairs made and/or provide services to remedy the emergency condition, and bill City the cost thereof including labor, materials, and overhead. / Notwithstanding the above, County may communicate a notice of a deficiency to City by telephone and confirming facsimile or email. The date and time stamped on the facsimile/email confirmation page shall determine the date and time notice was first given to City.
Should County be forced to shut down its operations within the Premises due to City's failure to provide services required by this clause, City shall be responsible for the cost, to the County, if any, of such a shutdown.
C. Warranties. In order for the County to comply with the California Code of Regulations, Title 8, Section 5142 (“Regulation 5142”), and as it may be subsequently amended, City shall regularly inspect and maintain the HVAC system as required by Regulation 5142 and provide repair and maintenance accordingly. Inspections and maintenance of the HVAC system shall be documented in writing and City shall retain such records for at least five (5) years. City shall make all HVAC records required by this section available to County for examination and copying, within forty -eight (48) hours of a written request. City acknowledges that County may be subject to fines and/or penalties for failure to provide said records to regulatory agencies within the given timeframes. Should County incur fines and/or penalties as a direct result of City’s failure to provide said records to County in a timely manner and as set forth herein, City shall reimburse County for said fines and/or penalties within thirty (30) days upon written notice.
D. HVAC System. City will ensure that air conditioning is supplied to cause the temperature in the Premises and Building to be at a temperature consistent with other office buildings in Orange County, California, which are typically not less than 70° F nor greater than 75° F, during all Normal Business Hours as defined below in Clause 19(E). In order to ensure that the Premises and Building reach the temperature parameters required by this Lease during Normal Business Hours, the HVAC services will commence one hour prior to the beginning of Normal Business Hours.
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E. Normal Business Hours. The “Resource Deployment Formula” determines the days and hours of operations for libraries based on weighing factors which include, but are not limited to, population, taxes and circulation of library materials. Pursuant to and consistent with the Resource Deployment Formula, the County agrees, to keep the Premises and Building open the minimum hours determined. (“ Normal Business Hours”). County agrees that it will confer and consult with City at least ninety (90) days prior to any alteration of Normal Business Hours by County.
20. UTILITIES (2.9 N)
County shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the Premises.
21. BUILDING AND SAFETY REQUIREMENTS (3.0 SA)
During the Term and Extension Term(s) of this Lease, City, at City’s sole cost, agrees to maintain the Premises in compliance with all applicable laws, rules, regulations, building codes, statutes, and orders as they are applicable on the date of this Lease, and as they may be subsequently amended, including but not limited to the California Building Code, Title 24, Seismic Code, Fire and Life Safety requirements and, if applicable, California Green Building Standard Code.
Included in this provision is compliance with the Americans with Disabilities Act (“ADA”) and all other federal, state, and local codes, statutes, and orders relating to disabled access as they are applicable on the dates of this Lease, and as they may be subsequently amended and all regulations issued by the U. S. Attorney General or other agencies under the authorization of the ADA .
However, City shall not be responsible for any ADA violations resulting from alterations made by County or the placement of County’s furniture, fixtures or equipment by County.
City and County shall use commercially reasonable efforts to repair and maintain the Premises as a “safe place of employment,” as defined in the California Occupational Safety and Health Act (California Labor Code §§ 6300 et seq.,) and the Federal Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.). County agrees to notify City of any repair or maintenance necessary within the Premises or Building to comply with such Act s for which City is responsible and City agrees to take such steps necessary to repair or maintain the Premises or Building. In the event that such repair or maintenance is necessary and is the result of County’s acts or omissions , provided that County approves a work order with associated expense estimate, City agrees to perform such repair or maintenance and County agrees to reimburse City within thirty (30) days.
In the event City neglects, fails, or refuses to maintain said Premises as aforesaid, following thirty (30) days after written notice from County to City providing notice of such neglect or failure or refusal, County may, notwithstanding any other termination provisions contained herein: thirty (30) days following a second written notice of such neglect or failure or refusal, County may terminate this Lease with written notice to the City.
22. ASSIGNMENT AND SUBLETTING (3.1 SA)
County shall not assign this Lease or sublet the Premises or any part thereof without the prior written consent of City. However, both Parties agree that the County has the right to enter into a 230
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license agreement with the Friends of the Library, without the prior writ ten consent of the City.
This Lease serves as notice to the City of said license agreement between the County and Friends of the Library.
23. INSURANCE (3.2 N)
City shall obtain and keep in force during the term of this Lea se a program of self -insurance to cover City’s liability arising from City’s performance of its obligations hereunder with limits no less than two million dollars ($2,000,000.00) and a policy or policies of commercial property insurance written on ISO form CP 00 10 10 12, or a substitute form providing coverage at least as broad, to cover the loss or damage to the Premises to the full insurable value of all improvements and fixtures owned by City, at least in the amount of the full replacement cost thereof.
City agrees to and shall include in the policy or policies of commercial property insurance a standard waiver of right of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees by the insurance company issuing said policy or policies.
City further agrees to include in the policies required hereunder an Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, agents and employee s as an additional insured.
County shall obtain, maintain, and keep in full force and effect during the life of this Lease insurance or a program of self -insurance against claims for injuries to persons or damages to property which may arise from or in connection with the County’s operation and use of the Premises. The cost of such insurance or a program of self-insurance shall be borne by the County.
County shall designate the City as an Indemnified Party under its program of self-insurance.
Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Two Million Dollars ($2,000,000.00) per occurrence.
b. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease.
c. Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.
If City or County maintains broader coverage and/or higher limits than the minimums shown above, the other P arty shall be entitled to the broader coverage and/or higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the other Party.
Endorsements. County’s program of self-insurance shall contain the following provisions:
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a. Indemnified Party Status. The City of Garden Grove and its elected and appointed boards, officers, officials, agents, employees, and volunteers are to be covered as an Indemnified Party on the County’s program of self -insurance with respect to liability arising out of work or operations performed by or on behalf of the County of Orange including materials, parts, or equipment furnished in connection with such work or operations.
b. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, suspended, voided, nor the coverage or limited reduced, except with thirty (30) days written notice to the City.
Upon approval by City, the required endorsements set forth herein may be satisfied by County’s Certificate of Self-insurance.
Waiver of Subrogation. County and City hereby waive all rights of subrogation.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
County and City shall provide Certificates of Insurance or a Certificate of Self-insurance to comply with the insurance requirements stated herein.
Special Risks or Circumstances. City reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances; however said modifications must be mutually agreed upon by both Parties.
24. INDEMNIFICATION (3.3 N)
County hereby agrees to indemnify, hold harmless, and defend City, its elected and appointed officials, officers, agents, employees, and volunteers from and against any and all claims, losses, demands, damages, costs, including reasonable attorneys’ fees, expenses or liability arising in connection with the occupancy and use of the Premises by County, except for liability arising out of the sole negligence or willful misconduct of City, its elected and appointed officials, officers, agents, employees, or volunteers, including the cost of defense of any lawsuit arising therefrom.
City hereby agrees to indemnify, hold harmless, and defend County, its elected and appointed officials, officers, agents, employees, and volunteers against any and all claims, losses, demands, damages, costs, including reasonable attorneys’ fees, expenses or liability arising out of the ownership or maintenance of the Premises, except for liability arising out of the sole negligence or willful misconduct of County, its elected and appointed officials, officers, agents, employees, or volunteers, including the cost of defense of any lawsuit arising therefrom.
In the event judgment is entered against County and City because of the concurrent active negligence of County and City, their officers, agents, or employees , the Parties agree that an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither Party shall request a jury apportionment.
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25. TAX EXEMPTION (3.4 SA) – Intentionally Omitted
26. TOXIC MATERIALS (3.5 SA)
County hereby warrants and represents that County will comply with all laws and regulations relating to the storage, use and disposal of hydrocarbon substances and hazardous, toxic or radioactive matter, including, but not limited to, those materials identified in Title 26 of the California Code of Regulations (collectively “Toxic Materials”). County shall be responsible for and shall indemnify and hold City, its elected officials, officers, directors, employees, agents, and representatives, harmless from and against all claims, costs and liabilities, including attorneys ’ fees and costs arising out of or in connection with the storage, use, and disposal of Toxic Materials on the Premises by County. If the storage, use, and disposal of Toxic Materials on the Premises by County results in contamination or deterioration of water or soil resulting in a level of contamination greater than maximum allowable levels established by any governmental agency having jurisdiction over such contamination, County shall promptly take any and all action necessary to clean up such contamination.
City hereby warrants and represents that City has in the past and will hereafter comply with all applicable laws and regulations relating to the storage, use and disposal of Toxic Materials. If the previous, current and future storage, use, and disposal of Toxic Materials on the Premises by City results in contamination or deterioration of water or soil resulting in a level of contamination greater than maximum allowable levels established by any governmental agency having jurisdiction over such contamination (and such violation does not arise out of any acts or omissions of County, its agents, employees or contractors ), City shall promptly take any and all action necessary to clean up such contamination.
27. SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE (3.6 SA) - Intentionally Omitted
28. ESTOPPEL CERTIFICATE (3.7 SA) - Intentionally Omitted
29. DEFAULTS AND REMEDIES (3.8 N)
County Default:
County shall be deemed in default of this Lease if: a) in the event of any monetary breach of this Lease by County, City shall notify County in writing of such breach, County shall have ten (10) days from such notice in which to cure said breach , and County fails to cure said breach, or b) in the event of any non -monetary breach of this Lease , County fails within fifteen (15 ) days after receipt by County of written notice specifying wherein such obligation of County has not been performed; provided however, that if the nature of County’s obligation is such that more than fifteen (15) days after such notice are reasonably required for its performance, then County shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such fifteen (15 ) day period and thereafter diligently pursued to completion (each, a “ County Default”).
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City Default:
City shall be deemed in breach of this Lease if: a) in the event of any monetary breach of this Lease by City, County shall notify City in writing of such breach, City shall have ten (10) days from such notice in which to cure said breach , and City fails to cure said breach, or b) in the event of any non-monetary breach of t his Lease, City fails within fifteen (15 ) days after receipt by City of written notice specifying wherein such obligation of City has not been performed; provided however, that if the nature of City’s obligation is such that more than fifteen (15) days after such notice are reasonably required for its performance, then City shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such fifteen (15) day period and thereafter diligently pursued to completion (each, a “City Default”).
County Remedies:
County’s remedies as the result of City Default shall be the right to damages, injunctive relief, and/or any other rights at law or in equity.
City Remedies:
City’s remedies as the result of County Default for monetary or non-monetary breach shall be the right to damages, injunctive relief, and/or any other rights at law or in equity.
In addition to the remedies set forth herein, in the event of a City Default or a County Default, the non-defaulting Party may immediately terminate this Lease. Such termination shall be deemed effective thirty (30) days after the non -defaulting party provides written notice to the defaulting party that it is terminating this Lease pursuant to this Clause 29. Upon termination of this Lease, County shall remove all County-owned property and equipment from the Premises in a timely manner.
30. DEBT LIMIT (3.9 SA) - Intentionally Omitted
31. LABOR CODE COMPLIANCE (4.0 SA)
City acknowledges and agrees that all future improvements or modifications required during the Term of this Lease by City, at the request of County, shall be governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections 1770, et seq.), as applicable. These provisions may be applicable to improvements or modifications costing more than $1,000, unless an exception applies, including but not limited to the exception to the definition of public works under § 1720.2.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, City contractors and/or subcontractors shall comply with the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality applicable to this Lease for each craft, classification, or type of workman needed to execute the aforesaid improvements or mod ifications. The rates are available at the following website:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm from the Director of the State Department of Industrial Relations . As required by applicable law, City contractors and/or 234
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subcontractors shall cause to be posted a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates at all times for all improvements or modifications to be completed for County within the Premises. As applicable, City contractors and/or subcontractors shall comply with the provisions of Sections 1775 and 1813 of the Labor Code.
As required by applicable law, City shall cause payroll records to be maintained for all workers that will be assigned to the improvements or modifications. Said payroll records shall contain, but not be limited to, the complete name, address, telephone number, social security number, job classification, and prevailing wage rate for each worker. Upon request City shall provide the OC Public Libraries/Facilities Manager updated, certified payroll records for all workers that shall include, but not be limited to, the weekly hours worked, prevailing hourly wage rates, and total wages paid.
Except as expressly set forth in this Lease, nothing herein is intended to grant authority for City to perform improvements or modifications on space currently leased by County or for which County has entered into a lease or lease amendment.
32. RIGHT TO WORK AND MINIMUM WAGE LAWS (4.1 SA)
In accordance with the United States Immigration Reform and Control Act of 1986, City shall require its employees that directly or indirectly service the Premises or the terms and conditions of this Lease, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. City shall also require and verify that its contractors or any other persons servicing the Premises or terms and conditions of this Lease, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States.
Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, City shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the Premises, in any manner whatsoever. City shall require and verify that all its contractors or other persons servicing the Premises on behalf of the City also pay their employees no less than the greater of the Federal or California Minimum Wage.
City shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the Premises or terms and conditions of this Lease.
Notwithstanding the minimum wage requirements provided for in this clause, City, where applicable, shall comply with the prevailing wage and related requirements, as provided for in Clause 31 (LABOR CODE COMPLIANCE) of this Lease.
33. COMMISSION (4.2 SA) - Intentionally Omitted
34. COUNTY PROPERTY (4.3 SA)
All trade fixtures, merchandise, inventory, telecommunications equipment, supplemental air conditioning equipment and all personal property placed in or about the Premises by, at the direction of or with the consent (express or implied) of the City, its employees, agents, licensees 235
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or invitees, shall be at the sole risk of the County, and City shall not be liable for any loss of or damage to said property resulting from any cause whatsoever unless such loss or damage is the result of City’s negligence or willful misconduct and not otherwise waived pursuant to Clause 35 (CITY’S RIGHT OF ENTRY) below. City hereby waives any and all lien rights, whether statutory or common law or established pursuant to this Lease, that City may have as “landlord” with respect to any and all goods, ware s, equipment, fixtures, furniture, improvements and other personal property of County presently or which may hereafter be situated within the Premises.
35. CITY’S RIGHT OF ENTRY AND ACCESS TO THE PREMISES (4.4 N)
City shall have the right to enter the Premises at any time, with or without notice to County. City and County shall each have full access to the entire Premises, with the exception of each Party’s server room. Access to each Party’s server room shall be limited to that Party and its officers, agents, employees, and volunteers, unless such Party permits access to the other Party.
36. SIGNAGE (4.5 SA)
County shall not erect, install or maintain any sign or display upon or in front of the Premises and/or Building without prior written approval from City. However, County may hang up to two banners and/or flags at each entrance to the Library for special events without prior City approval.
Such banners and flags shall be removed promptly after the conclusion of such special events. All signage shall comply with all applicable laws and zoning and site plan requirements.
37. SECURITY SERVICES (4.6 NA)
County may provide security services within the Premises. City may provide security services for the exterior of the Premises.
County shall wire the Building alarm system notifications so that City’s Police and Fire Departments are notified when the Building alarm system activated.
38. AUTHORITY (4.7 SA)
The persons executing the Lease below on behalf of County or City warrant that they have the power and authority to bind County or City to this Lease.
39. LEASE ORGANIZATION (4.8 SA)
The various headings in this Lease, the numbers thereof, and the organization of the Lease into separate sections and paragraphs are for purposes of convenience only and shall not be considered otherwise.
40. SUCCESSORS IN INTEREST (4.9 SA)
Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the Parties hereto, all of whom shall be jointly and severally liable hereunder.
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41. DESTRUCTION OF OR DAMAGE TO PREMISES (5.0 NA)
“Partial Destruction ” of the Premises shall mean damage or destruction to the Premises, for which the repair cost is less than 25 percent (25%) of the then replacement cost of the Premises (including tenant improvements), excluding the value of the land.
“Total Destruction” of the Premises shall mean damage or destruction to the Premises, for which the repair cost is 25 percent (25%) or more of the then replacement cost of the Premises (including tenant improvements), excluding the value of the land.
In the event of a Partial Destruction of the Premises, City shall immediately pursue completion of all repairs necessary to restore the Premises to the condition which existed immediately prior to said Partial Destruction. Said restoration work (including any demolition required) shall be completed by City, at City’s sole cost, within sixty (60) days of the occurrence of said Partial Destruction or within an extended time frame as may be mutually agreed. County shall reimburse City for costs to repair the Premises for damage or destruction caused by County or County’s employees, agents or invitees. The Partial Destruction of the Premises shall in no way render this Lease null and void. Should City fail to complete necessary repairs, for any reason, within sixty (60) days, or other time frame as may be mutually agreed, County may, at County’s sole option, terminate the Lease.
In the event of Total Destruction of the Premises or the Premises being legally declared unsafe or unfit for occupancy, this Lease shall in no way be rendered null and void and City shall immediately initiate action to rebuild or make repairs, as necessary, to restore the Premises (including replacement of all tenant improvements) to the condition which existed immediat ely prior to the destruction. County shall reimburse City for costs to repair the Premises for damage or destruction caused by County or County’s employees, agents or invitees. In the event City refuses to diligently pursue or is unable to restore the Premises to a condition suitable for being occupied (including replacement of all tenant improvements) within one hundred and eighty (180) days of the occurrence of said destruction or within an extended time frame as may be mutually agreed, County may, at County’s sole option, terminate this Lease.
42. AMENDMENT (5.1 SA)
This Lease sets forth the entire agreement between City and County and any modification must be in the form of a written amendment.
43. PARTIAL INVALIDITY (5.2 SA)
If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
44. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (5.3 SA)
If either Party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of Force Majeu re as defined below in Clause 55 (FORCE MAJEURE) , 237
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performance of such act shall be excused for the period of the delay; and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.
Financial inability shall not be considered a circumstance excusing performance under this Lease.
45. STATE AUDIT (5.4 SA)
Pursuant to and in accordance with Section 8546.7 of the California Government Code, in the event that this Lease involves expenditures and/or potential expenditures of State funds aggregating in excess of ten thousand dollars ($10,000), City shall be subject to the examination and audit of the Auditor General of the State of California for a period of three years after final payment by County to City under this Lease. The examination and audit shall be confined to those matters connected with the performa nce of the contract, including, but not limited to, the costs of administering the contract.
46. WAIVER OF RIGHTS (5.5 SA)
The failure of City or County to insist upon strict performance of any of the terms, conditions, and covenants in this Lease shall not be deemed a waiver of any right or remedy that City or County may have, and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, and covenants herein contained.
47. HOLDING OVER (5.6 SA)
In the event County shall continue in possession of the Premises after the Term or any Extension Term of this Lease, such possession shall not be considered a renewal of this Lease but a tenancy from month to month and shall be governed by the conditions and covenants contained in this Lease.
48. EARTHQUAKE SAFETY (5.7 SA)
City hereby confirms that to the best of City’s knowledge, the Premises was in compliance with all applicable seismic safety regulations and building codes at the time of construction.
49. QUIET ENJOYMENT (5.8 SA)
City agrees that, subject to the terms, covenants and conditions of this Lease, County may, upon observing and complying with all terms, covenants and conditions of this Lease, peaceably and quietly occupy the Premises.
50. ADMINISTRATIVE COSTS (5.9 SA) - Intentionally Omitted
51. GOVERNING LAW AND VENUE (6.0 SA)
This agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive ve nue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. 238
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52. ATTORNEYS’ FEES (6.1 SA)
In the event of a dispute between City and County concerning claims arising out of this Lease, or in any action or proceeding brought to enforce or interpret any provision of this Lease or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys’ fees and costs.
53. TIME (6.2 SA)
Time is of the essence of this Lease.
54. INSPECTION OF PREMISES BY A CERTIFIED ACCESS SPECIALIST (6.3 SA)
In accordance with California Civil Code 1938(e), “ A Certified Access Specialist (CASp ) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requeste d by the lessee or tenant. The Parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction -related accessibility standards within the premises.”
Pursuant to California Civil Code section 1938, City hereby represents that the Premises has not undergone an inspection by a certified access specialist and no representations are made with respect to compliance with accessibility standards. However, if it is determined that a violation of handicapped acc ess laws (including the Americans with Disabilities Act) existed at the Premises as of the Commencement Date, City shall correct such non-compliance at City’s cost.
55. FORCE MAJEURE (6.4 SA)
For purposes of this Lease, the term “Force Majeure” means any of the following events which are beyond the control of either Party: act of God, unavailability of equipment or materials (but only if such equipment and materials were ordered in a timely fashion), enemy or terrorist act, act of war, riot or civil commotion, strike, lockout or other labor disturbance, fire, earthquake, explosion, governmental delays (including nonstandard delays in issuance of any permit or other necessary governmental approva l or the scheduling of any inspections or tests), nonstandard delays by third party utility providers, or any other matter of any kind or character beyond the reasonable control of the Party delayed or failing to perform under this Lease despite such Party’s best efforts to fulfill the obligation. “ Best Efforts ” includes anticipating any potential force majeure event and addressing the effects of any such event (a) as it is occurring and (b) after it has occurred, to prevent or minimize any resulting delay to the greatest extent possible. Force Majeure shall not include inability to obtain financing or other lack of funds. City and County shall be excused for the period of any delay in the performance of any obligation hereunder when such delay is occasioned by causes beyond its control.
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56. CONDEMNATION (6.5 SA)
If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively, “ Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If all or a material portion of the rentable area of the Premises are taken by Condemnation, County may, at County’s option, to be exercised in writing within ten (10) days after City shall have given County written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. City shall also have the right to terminate this Lease if there is a taking by Condemnation of any portion of the Building or property which would have a material adverse effect on City’s ability to profitably operate the remainder of the Building. If neither Party terminates this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining .
Condemnation awards and/or payments shall be the property of City, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken or for severance damages. County hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil Procedure, or any similar or successor Laws.
57. CONSENT OR APPROVAL (6.6 SA)
Unless expressly stated otherwise, where the consent or approval of a Party is required, such consent or approval will not be unreasonably withheld, conditioned or delayed.
58. UNENFORCEABLE PROVISIONS (6.7 SA)
If any paragraph or clause hereof shall be determined illegal, invalid or unenforceable by a court of competent jurisdiction, it is the express intention of the Parties hereto that the remainder of the Lease shall not be affected thereby, and it is also the express in tentions of the Parties hereto that in lieu of each paragraph or clause of this Lease which may be determined to be illegal, invalid or unenforceable, there may be added as a part of this Lease a paragraph or clause as similar in terms to such illegal or invalid or unenforceable paragraph or clause as may be possible and may be legal, valid and enforceable.
59. NOTICES (6.8 SA)
All written notices pursuant to this Lease shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be deemed received upon personal delivery, delivery by facsimile machine, electronic mail, or seventy -two (72) hours after deposit in the United States Mail.
To: City
City of Garden Grove
11222 Acacia Pkwy
Garden Grove, CA 92840
Attention: City Manager
To: County
Orange County Public Library
1501 E. St. Andrew Place
Santa Ana, CA 92705
Attention: County Librarian
With a copy to:
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County of Orange, CEO Real
Estate 400 W. Civic Center Dr.,
5th Floor Santa Ana, CA 92701
Attention: Chief Real Estate Officer
60. ATTACHMENTS (6.9 SA)
This Lease includes the following, which are attached hereto and made a part hereof:
I. EXHIBITS
Exhibit A - Premises Description
Exhibit B - Premises Depiction
Exhibit C - City Maintenance Schedule
61. COUNTERPARTS (7.0 SA)
This Lease may be executed in one or more electronic or original counterparts, each of which will be deemed an original signature but all of which together will constitute one and the same instrument.
[SIGNATURE PAGES FOLLOWS]
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IN WITNESS WHEREOF, the Parties have executed this Lease the day and year first above written.
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
Deputy
Date:
RECOMMENDED FOR APPROVAL
OC Public Libraries
By
County Librarian
COUNTY EXECUTIVE OFFICE
By
Administrative Manager
Real Estate Services
CITY
City of Garden Grove, a municipal
corporation
By
Lisa Kim , City Manager
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
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SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD OF SUPERVISORS
PER GC § 25103, RESO. 79-1535
BY:
ROBIN STIELER
Clerk of the Board of Supervisors
of Orange County, California
COUNTY
COUNTY OF ORANGE
BY:______________________________
Chairman of the Board of Supervisors
Orange County, California
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EXHIBIT A
PREMISES DESCRIPTION
PROJECT NO: CEO/RFLS/OCPL-024-035 DATE: 5/1/2024
PROJECT: Garden Grove, Tibor Rubin Branch Library VERIFIED BY: Julie Oakley
All the Premises shown on plot plan marked Exhibit B. Attached hereto and made a part hereof, located at 11962 Bailey Ave., City of Garden Grove , County of Orange, State of California, comprising approximately 5,279 RSF, together with free use of ten (10) parking spaces in the parking shown on Exhibit B.
NOT TO BE RECORDED
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EXHIBIT B
PREMISES DEPICTION
CEO/RFLS/OCPL-024-035 COUNTY OF ORANGE
Garden Grove West Branch Prepared By: Julie Oakley
11961 Bailey Street
Checked By:
Garden Grove, CA 92660 Date:
6-11-2024 OC LIBRARIES
Parking
Staff Parking
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EXHIBIT C
CITY MAINTENANCE SCHEDULE
HEATING-VENTILATION-AIR CONDITIONING ("HVAC")
• Respond to indoor temperature complaints and provide expeditious correction • Inspect all HVAC systems at least twice a year
• Inspect all support structures, and provide documentation of maintenance and repairs • Inspect all moving parts or components, investigate noises;· belts; bearings; drives; and fans, and lubricate and adjust as recommended per manufacturers' specifications. • Perform air-handling unit maintenance including replacing air filters at least quarterly. • Perform monthly walkthroughs of HVAC systems for preventative maintenance work requests.
GARDEN GROVE LIBRARY LANDSCAPE MAINTENANCE BY CITY CONTRACTOR • Mowing -weekly
• Planter weeding -minimum one time per month
• Shrub trimming -minimum one time per month
• Turf Fertilization -two times per year
• Planter Fertilization -two times per year
• Planter Pre-emergent or alternate method, as needed
• Irrigation inspection -one time per month
• Trimming of trees on an as needed basis
LIBRARY BUILDING MAINTENANCE
• Clean inside and outside of all windows -minimum two (2) times a year
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Item 315/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: William E. Murray
Dept:
City Manager Dept: Public Works
Date: 8/13/2024
Subject: Approval of a Subdivision Agreement and Final Tract Map No. 19273 with GGBROOKHURST, 2024, LLC., for the property located at 13252 Brookhurst Street, Garden Grove. (Action Item)
OBJECTIVE
To receive City Council approval of Final Tract Map No. TR 1 9273 and a Subdivis ion Improvement Agreement with GGBrookhurst 2024, LLC. (Applicant), for the property located at 13252 Brookhurst Street , Garden Grove (southeast corner of Brookhurst Street Central Avenue).
BACKGROUND
On December 7, 20 23, pursuant to Planning Commission Resolution No. 6078-23, the Applicant received approval of Site Plan No. SP -127-2023 and Tentative Tract Map No. TT - 19273. A copy of Planning Commission Resolution No. 6078-23 is attached.
DISCUSSION
The Tract Map will accommodate a 30-unit development consisting of three-story residential townhomes and related street and open space improvements on approximately 1.22 acre s.
This site is located at 13252 Brookhurst Street, Garden Grove. Easements for public utility, vehicle access, domestic water, and appurtenances have been dedicated.
Pursuant to state law, a subdivision improvement agreement and security is required whenever required public improvements have not been completed. The Subdivision Improvement Agreement requires the posting of Subdivision Improvement Bonds (or a cash deposit or instrument of credit in lieu of bonds) to ensure completion of the improvement of street, sewer, water, drainage, related onsite improvements, and survey monumentation.
Staff has reviewed all the subdivision documentation mandated by City Ordinances and the Subdivision Map Act and finds this map to be in compliance.
247
Item 315/2024
FINANCIAL IMPACT
There is no financial impact to approve Final Tract Map No. TR 1 9273 and a Subdivis ion Improvement Agreement with GGBrookhurst 2024, LLC. , for the property located at 13252 Brookhurst Street, Garden Grove.
RECOMMENDATION
It is recommended that the City Council:
Approve Final Tract Map No. TR19273 and the Subdivision Improvement Agreement with GGBrookhurst, 2024, LLC., for the property located at 13252 Brookhurst Street, Garden Grove;
Accept the Subdivision Improvement Bonds; and
Authorize the City Manager, or designee(s) to execute the Agreement on behalf of the City and make minor modifications as appropriate.
By: Kamyar Dibaj, MS, Project Engineer
ATTACHMENT(S)
1. Cost Estimates
2. Tract No. 19273
3. Subdivision Agreement Tract No. 19273
4. Planning Commission Resolution No. 6078-24
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Item Description Unit Cost Quantity Unit Cost
ON-SITE
4" A.C. OVER 7" A.B. (AUTO DRIVEWAYS) 4.00 $ 11,458 SF 45,832$ 3" A.C. OVER 6" A.B. (PARKING STALLS) 3.00 $ 736 SF 2,208$ ENHANCED PAVING 5.00 $ 786 SF 3,930$
CURB AND GUTTER PER CITY OF GARDEN GROVE STD.
PLAN NO. B-114, TYPE "D" (6" CF) 24.00$ 222 LF 5,328$ CURB ONLY PER CITY OF GARDEN GROVE STD. PLAN NO. B-
112, TYPE "A-6" (6" CF) 22.00$ 415 LF 9,130$
4" PCC FLATWORK 6.00 $ 5,896 SF 35,376$
ROLLED CURB & GUTTER PER O.C.P.W STD. PLAN 120 24.00 $ 184 LF 4,416$ ROLLED CURB PER O.C.P.W STD. PLAN 1201 22.00 $ 244 LF 5,368$ 2' RIBBON GUTTER 20.00 $ 63 LF 1,260$
3' RIBBON GUTTER 24.00 $ 37 LF 888$
DECOMPOSED GRANITE 24.00 $ 161 SF 3,864$
CURB RAMP PER CALTRANS STD. NO. A88A CASE F 2,500.00 $ 1 EA 2,500$ TRENCH REPAIR 3.00 $ 346 SF 1,038$
4.0' CATCH BASIN PER CITY OF GARDEN GROVE STD PLAN
NO. B-201 6,000.00$ 2 EA 12,000$
CURB INLET CATCH BASIN FILTER 1,000.00 $ 2 EA 2,000$ AREA DRAIN 200.00 $ 47 EA 9,400$
60" HDPE STORAGE PIPE 400.00 $ 140 LF 56,000$
12" PVC 80.00 $ 200 LF 16,000$
8" PVC 70.00 $ 152 LF 10,640$
6" PVC 60.00 $
370 LF 22,200$
4" PVC 50.00 $ 177 LF 8,850$
2" SCH 40 PVC 50.00 $ 2 LF 100$
HDPE/PVC TEE 250.00 $ 23 EA 5,750$
HDPE/PVC ELBOW 250.00 $ 14 EA 3,500$
LIFT STATION WITH PUMP 7,000.00 $ 1 EA 7,000$
HDPE MANHOLE 6,000.00 $ 1 EA 6,000$
RAISED BIO-TREATMENT PLANTER 20.00 $ 664 SF 13,280$ PARKWAY DRAIN PER CITY OF GARDEN GROVE STD. PLAN
NO. B-209 400.00$ 10 LF 4,000$
CUT-IN TEE CONNECTION PER PIPE MANUFACTURER
STANDARDS 300.00$ 11 EA 3,300$
Sub-Total On-Site 301,158 $
5% Engineering & Staking: 15,058$
APPROVED BY: ________________________ Sub Total: 316,216 $ 10% Contingencies 31,622 $
DATE: _________________
TOTAL ON-SITE COST: 347,837$
City of Garden Grove
ENGINEERING COST ESTIMATE
PROJECT NO: TRACT 19273
LOCATION: 113252 BROOKHURST STREET, GARDEN GROVE, CA 92844 BY: CA Engineering DATE: 6/11/2024
6/13/2024 Page 1 of 3 S:\Engineering\491-21 COST ESTIMATE.xls 249
Item Description Unit Cost Quantity Unit Cost
OFF-SITE
CURB & GUTTER PER CITY OF GARDEN GROVE
STD. PLAN NO. B-114, TYPE "D" (6" CF) 25.00$ 40 LF 1,000$ CURB ONLY PER CITY OF GARDEN GROVE STD.
PLAN NO. B-112, TYPE "A-6" (6" CF) 23.00$ 84 LF 1,932$
CURB & GUTTER PER CITY OF GARDEN GROVE
STD. PLAN NO. B-113, TYPE "C-8" (8" CF) 27.00$ 49 LF 1,323$ DRIVEWAY PER CITY OF GARDEN GROVE STD.
PLAN NO. B-120, OPTION #3 5,000.00$ 2 EA 10,000$
FULL DEPTH AC 5.00 $ 228 SF 1,140$
SAWCUT AND REMOVE EXISTING A.C.
PAVEMENT 4.00$ 498 LF 1,992$
1' GRIND & OVERLAY 5.00 $ 248 SF 1,240$
PARKWAY DRAIN PER CITY OF GARDEN GROVE
STD. PLAN NO. B-209 400.00$ 8 LF 3,200$
ABANDON EXISTING WATER/FIRE SERVICE 3,000.00$ 1 EA 3,000$ ABANDON EXISTING SEWER LATERAL 3,000.00 $ 1 EA 3,000$ 8" EXTRA STRENGTH VCP SEWER MAIN PER
CITY OF GARDEN GROVE STD. PLAN NO. S-111
& CAPC
250.00$ 68 LF 17,000$
4' SEWER MANHOLE PER CITY OF GARDEN
GROVE STD. NO. S-100 20,000.00$ 2 EA 40,000$
6" x 6" TEE & GATE VALVE PER CITY OF GARDEN
GROVE STD. NO. B-750 11,000.00$ 2 EA 22,000$
DUCTILE IRON VERTICAL OFFSET PER CITY OF
GARDEN GROVE STD. NO. B-765 180.00$ 170 LF 30,600$ 1" AIR & VACUUM RELEASE PER CITY OF
GARDEN GROVE STD. NO. B-740 5,000.00$ 1 EA 5,000$
TRENCH BACKFILL & STREET REPAIR PER CITY
OF GARDEN GROVE STD. NO. B-134 4.00$ 395 SF 1,580$ Sub-Total Off-Site 144,007 $
5% Engineering & Staking: 7,200 $
APPROVED BY: ________________________ Sub Total: 151,207 $ 10% Contingencies 15,121 $
DATE: _________________
TOTAL OFF-SITE COST: 166,328 $
City of Garden Grove
ENGINEERING COST ESTIMATE
PROJECT NO: TRACT 19273
LOCATION: 113252 BROOKHURST STREET, GARDEN GROVE, CA 92844 BY: CA Engineering DATE: 6/11/2024
6/13/2024 Page 2 of 3 S:\Engineering\491-21 COST ESTIMATE.xls 250
Item Description Unit Cost Quantity Unit Cost
SEWER
8" PVC SDR 35 SEWER MAIN PER CITY OF
GARDEN GROVE STD. PLAN NO. S-106 & CAPC 150.00$ 388 LF 58,200$ 4" PVC SDR 35 LATERAL PER CAPC 100.00 $ 497 LF 49,700$
SEWER CLEANOUT PER CITY OF GARDEN
GROVE STD. PLAN NO. S-105 & CAPC 2,000.00$ 2 EA 4,000$ 4' SEWER MANHOLE PER O.C.P.W. STD. PLAN
NO. 1504 20,000.00$ 2 EA 40,000$
WATER
6" PVC (C900) DR 14 CL 305 PER CITY STD AND
SPEC 160.00$ 497 LF 79,520$
1" COPPER SERVICE & METER PER CITY OF
GARDEN GROVE STD. NO. B-721 3,200.00$ 30 EA 96,000$
ANCHOR BLOCK PER CITY OF GARDEN GROVE
STD. NO. B-711 400.00$ 4 EA 1,600$
FIRE HYDRANT PER CITY OF GARDEN GROVE
STD. NO. B-702 12,000.00$ 1 EA 12,000$
6" GATE VALVE PER CITY OF GARDEN GROVE
STD. NO. B-752 1,500.00$ 1 EA 1,500$
45° ELBOW PER CITY OF GARDEN GROVE STDS. 500.00$ 4 EA 2,000$ Sub-Total Sewer & Water 344,520 $
5% Engineering & Staking: 17,226 $
APPROVED BY: ________________________ Sub Total: 361,746 $ 10% Contingencies 36,175 $
DATE: _________________
SEWER & WATER COST: 397,921 $
City of Garden Grove
ENGINEERING COST ESTIMATE
PROJECT NO: TRACT 19273
LOCATION: 113252 BROOKHURST STREET, GARDEN GROVE, CA 92844 BY: CA Engineering DATE: 6/11/2024
6/13/2024 Page 3 of 3 S:\Engineering\491-21 COST ESTIMATE.xls 251
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253
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SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVIDER: GGBROOKHURST 2024, LLC.
TRACT MAP NO. 19273
THIS AGREEMENT is made this 2..C.m ^gy of ^Uj 2024, by the CITY OF GARDEN GROVE, a municipal corporation ("CITY") on the one hand, and GGBROOKHURST 2024, LLC, a California limited liability company ("SUBDIVIDER"). CITY and SUBDIVIDER are sometime referred to herein individually as the "Party" or collectively as the "Parties." RECITALS:
The following recitals are a substantive part of this Agreement:
1. SUBDIVIDER has obtained initial City approval of a subdivision map for Tentative Tract Map No. 19273 ("Project"), subject to certain conditions of approval for the development of the Project ("Conditions of Approval").
2. As a condition precedent to the approval of the Final Map by CITY, SUBDIVIDER is required to construct, install and/or offer for dedication to CITY certain streets, highways, easements, infrastructure improvements and/or parcels of land intended for public use.
3. SUBDIVIDER, by the Final Map, has offered for dedication to CITY certain streets, easements, property, and infrastructure improvements.
4. CITY desires to accept the dedications of such streets, easements, property, and other improvements as shown on the Final Map, and certain other improvements described in this Agreement.
5. SUBDIVIDER has delivered to CITY and CITY has approved plans and specifications and related documents for certain "Improvements" (as hereinafter defined), which are required to be constructed and installed in order to accommodate the development of the Project.
6. SUBDIVIDER has requested approval of the Final Map prior to completion of all of the Improvements required by CITY.
7. To assure CITY that SUBDIVIDER will complete construction and installation of all required Improvements, the Parties have entered into this Agreement.
8. SUBDIVIDER's agreement to construct and install the Improvements pursuant to this Agreement and its offer of dedication of the streets, easements, and other improvements, as shown on the Final Map, are a material consideration to CITY in approving the Final Map and permitting development of the Project to proceed.
SUBDIVIDER has agreed to perform, the construction and installment of the Improvements.
255
9. This Agreement is entered into in accordance with the Subdivision Map Act (Government Code sections 66410 et seq.) and the ordinances, rules, regulations, and determinations of the CITY.
AGREEMENT
NOW THEREFORE, based on the foregoing Recitals, which are incorporated herein by reference, and in consideration of the CITY'S approving the Final Map and permitting development of the Project to proceed, CITY'S acceptance of the streets, easement, and other improvements offered for dedication by SUBDIVIDER, and the mutual promises contained herein, the Parties mutually agree as follows:
1. Improvements. SUBDIVIDER, at his or her sole expense, agrees to construct and install, as applicable, the street, sidewalks, drainage, domestic water, sanitary sewer, and other improvements (herein sometimes collectively referred to as the "Improvements") required to be constructed or agreed to be constructed as a condition precedent to the approval of the Final Map and acceptance of such streets and easements, as expressly shown on (1) the Improvement Lists attached hereto at Exhibit "A" and Exhibit "B" and incorporated herein by reference, and/or (2) the approved Project Improvement Plans on file with CITY and/or subsequently approved or revised by CITY and SUBDIVIDER (the "Improvement Plans"). The estimated construction cost for the Improvements is $912,086.00.00.
2. Security. To secure the faithful performance of each improvement required under this Agreement and to ensure full payment to all persons furnishing or supplying labor or materials for each improvement required, SUBDIVIDER shall provide CITY with the following bonds (or a cash deposit or instrument of credit in lieu of bonds):
Improvement Type of Bond Amount
100% of total estimate for Off-Site
Improvements and On-Site
Grading & Drainage
Improvements as shown on
Grading Plan No. G-000033
50% of total estimate for Off-Site
Improvements and On-Site
Grading & Drainage
Improvements as shown on
Grading PlanNo. G-000033
100% total estimate for Survey
Monument Bond for setting
required survey monuments and
filing all documentation and
records as described and required
by the Final Tract Map on file with
the CITY
Faithful
Performance
Labor &
Material
Monument
Bond
$912,086.00
$456,043.00
$5,000.00
256
The bonds shall be executed on CITY forms by a surety authorized to do business in the State of California and shall be subject to approval by the City Attorney. Any instrument of credit provided in lieu of bonds shall be from a qualified financial institution, and in a form, acceptable to CITY.
3. Time for Completion. SUBDIVIDER shall complete construction and installation of the Improvements within 18 months, or such later time as approved by the CITY in writing.
4. CITY Inspection and Acceptance. The City Engineer or his or her duly authorized representative, upon request of SUBDIVIDER, shall inspect the improvements herein agreed to be constructed or installed by SUBDIVIDER, and, if determined to be in accordance with the applicable CITY standards, as set forth in the Garden Grove Municipal Code, Conditions of Approval and Improvement Plans, shall recommend the acceptance of such improvements by the CITY.
5. Changes or Alterations. SUBDIVIDER shall perform changes or alterations in the construction and installation of the improvements required by CITY, to the extent such changes or alterations are needed to cause the improvements to comply with the applicable CITY standards, as set forth in the Garden Grove Municipal Code, Conditions of Approval and Improvement Plans.
6. Guarantee. SUBDIVIDER shall guarantee such improvements for a period of one (1) year following the completion by SUBDIVIDER and acceptance by CITY against any defective work or labor done, or defective materials furnished, in the performance of work pursuant to this Agreement.
7. Insurance and Indemnification Requirements.
7.1 Commencement of Work. Unless expressly waived in writing by CITY, insurance meeting the requirements set forth in this Agreement and covering the acts and omissions of SUBDIVIDER, and all other contractors and subcontractors engaged in anyway in the construction and installation of the Improvements must be provided to CITY, and SUBDIVIDER, all contractors, and subcontractors shall not commence work under this Agreement until all required insurance 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.
7.2 Contractors and Subcontractors. SUBDIVIDER shall require all contractors and subcontractors engaged in construction and installation of the Improvements to obtain and maintain the same insurance as required of SUBDIVIDER herein and shall require such contractors and subcontractors to agree to comply with the insurance requirements herein, including providing the endorsements naming the 257
CITY as an additional insured. SUBDIVIDER shall be responsible to collect and maintain all insurance from all such contractors and subcontractors. Should the insurance carrier for any such contractor or subcontractor require an agreement with the CITY prior to providing effective additional insured coverage, then such contractor or subcontractor shall be required to execute an agreement with the CITY, in a form approved by the City Attorney, agreeing to perform the pertinent work and stipulating to indemnify and provide insurance under the terms of the Insurance and Indemnification Requirements of this Agreement.
7.3 Workers ComDensation Insurance. SUBDIVIDER shall obtain and maintain Workers Compensation Insurance prior to commencing any work hereunder in the amount and type required by California law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
7.4 Insurance Amounts. SUBDIVIDER shall provide and maintain and shall cause its contractors and all subcontractors engaged in any way in the construction and installation of the Improvements to provide and maintain the following insurance prior to commencing any work hereunder:
(a)Commercial general liability, including mobile equipment and not excluding XCU, in an amount not less than $5,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best's Guide Rating ofA-, Class VII or better, as approved by the CITY.
(b) Automobile liability in an amount not less than of $1,000,000 combined single limit; (claims made and modified occurrence policies are not acceptable); insurance companies must be acceptable to CITY and have an AM Best's Guide Rating of A-, Class VII or better, as approved by the CITY.
An Additional Insured Endorsement, ongoing and products-completed operations, for the policy under section 7.4 (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 SUBDIVIDER.
SUBDIVIDER 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 7.4 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the SUBDIVIDER 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, SUBDIVIDER's insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, 258
agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall be excess of the SUBDIVIDERS's insurance and shall not contribute with it.
The insurer for each policy of insurance required pursuant to this Agreement shall waive its rights of subrogation and provide a waiver of subrogation against CITY, its officers, officials, employees, agents, and volunteers.
In the event any of SUBDIVIDER's underlying policies do not meet policy limits within the insurance requirements, SUBDIVIDER shall provide: 1) the schedule of underlying polices for a follows form excess liability policy, 2) state that the excess policy follows form on the insurance certificate, and 3) an additional insured endorsement for the follows form excess liability policy designating CITY, its officers, officials, employees, agents, and volunteers.
If SUBDIVIDER maintains higher insurance limits than the minimums shown above, SUBDIVIDER shall provide coverage for the higher insurance limits otherwise maintained by the SUBDIVIDER.
7.5 Indemnification.
A. SUBDIVIDER agrees to protect, defend, and hold harmless CITY and its officials, officers, employees and agents from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury to or death of any person, damage to property, interference with use of property, and monetary damages of any nature resulting from, arising out of, or in any way connected with the construction and installation of the Improvements and/or performance of the Agreement by SUBDIVIDER and its agents, officers, employees, subcontractors, or independent contractors hired by SUBDIVDER.
The only exception to SUBDIVIDER'S responsibility to protect, defend, indemnify and hold harmless CITY, is due to the negligence or willful misconduct of CITY, or any of its officials, officers, employees or agents.
B. CITY does not, and shall not waive any rights against SUBDIVIDER which it may have by reason of this hold harmless agreement. This hold harmless agreement shall apply to all liability regardless of whether or not any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER in the event of loss, claim, damage, or expense. The indemnification obligations of SUBDIVIDER shall survive the termination of this Agreement until all such obligations are fully and finally resolved.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to CITY for a default by SUBDIVIDER hereunder, such remedy shall be in 259
addition to, and not exclusive of, CITY'S right to pursue any other administrative, legal, or equitable remedy to which it may be entitled.
8.2 CITY Right to Perform Work. In the event SUBDIVIDER fails to perform any obligations under this Agreement, SUBDIVIDER hereby authorize CITY to perform such obligations twenty (20) days after mailing written Notice of Default to SUBDIVIDER at the address given below, and agrees to pay the entire cost of such performance by CITY, unless SUBDIVIDER cures such default in such twenty (20) day period, or such additional time as CITY deems reasonable in its sole discretion.
8.3 Costs and Attorney's Fees. In the event SUBDIVIDER fails to perform any obligations under this Agreement, SUBDIVIDER agrees to pay all costs and expenses reasonably incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of SUBDIVIDER's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
9. Non-Liabilitv of Officials and Employees of CITY. No member, official or employee of CITY shall be personally liable to SUBDIVIDER, or any successor in interest, in the event of any default or breach by CITY, or for any amount which may become due from CITY or its successor, or any obligation under the terms of this Agreement.
10. Labor.
10.1 Labor Standards. SUBDIVIDER shall be responsible for causing itself and all contractors and subcontractors constructing or installing any of the Infrastructure Improvements 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. CITY makes no warranty or representation concerning whether any of the Infrastructure Improvements required to be constructed and/or installed pursuant to this Agreement constitute public works subject to the prevailing wage requirements.
10.2 Non-Discrimination. SUBDIVIDER covenants and agrees that there shall be no discrimination against or segregation of any person, group, or employee due to race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry, in any action or activity undertaken pursuant to this Agreement. 260
10.3 Licensed Contractors. SUBDIVIDER shall cause all of the Improvements to be constructed and/or installed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed.
11. Change of Subdivider. If SUBDIVIDER ceases to have legal interest in the Project, then a notice to that effect shall be filed with CITY by SUBDIVIDER. The notice shall include the name and address of the new subdivider. SUBDIVIDER shall require as a condition of the transfer of the legal interest in the Project, that the new subdivider shall (1) submit new bonds in accordance with this Agreement (at which time the original bonds shall be released); (2) submit to CITY a certified copy of the recorded deed referencing the transfer of the legal interest; and (iii) require that, upon transfer, the successor subdivider undertake all of the obligations under this Agreement in lieu and in place of SUBDIVIDER. Thereafter, SUBDIVIDER shall have no further obligations to CITY under this Agreement except for any liability, obligations, acts or omissions incurred prior to such transfer. SUBDIVIDER's responsibility for such liability, obligations, acts or omissions shall survive until such liability or obligations are fully and finally resolved,
12. General Provisions. It is mutually agreed as follows:
12.1 Assignment or Delegation. Neither CITY nor SUBDIVIDER shall assign this Agreement without the consent of the other. SUBDIVIDER shall not delegate its obligations under this Agreement to another.
12.2 Independent Contractor. It is understood and agreed that, in connection with the performance of SUBDIVIDER's obligations under this Agreement, SUBDIVIDER, its employees, agents, contractors, and any subcontractors acting on behalf of SUBDIVIDER shall act and be independent contractors and shall not be agents or employees of the CITY, and as independent contractors, shall obtain no rights to retirement benefits, or other benefits which accrue to CITY employees, and SUBDIVIDER, on behalf of itself, its employees, agents, contractors, and any subcontractors acting on behalf of SUBDIVIDER, hereby expressly waives any claim it may have to any such rights.
12.3 Compliance with Law. SUBDIVIDER shall comply with, and require all those acting on SUBDIVIDER's behalf to comply with, all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
12.4 Conflict of Interest and Reportina. SUBDIVIDER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.
12.5 Notices. All notices shall be personally delivered or mailed, postage prepaid, to the below-listed address, or to such other address as may be designated by written notice.
These addresses shall be used for delivery of service of process.
IftoSUBDIVIDER:
261
GGBROOKHURST 2024, LLC
Attn: Mr. Tim McSunas
9860 Irvine Center Drive
Irvine, California 92618
If to CITY:
City of Garden Grove
Attention: Public Works Director
11222 Acacia Parkway
Garden Grove, California 92840
12.6 Licenses, Permits, Fees, and Assessments. At its sole cost and expense, SUBDIVIDER shall obtain such license, permits, and approvals as may be required by law for the performance of SUBDIVIDER's obligations under this Agreement.
SUBDIVIDER, and not CITY, shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the obligations required under this Agreement.
12.7 Time of Essence. Time is of the essence in the performance of this Agreement.
12.8 Heirs, Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the Parties, including all successors and assigns to SUBDIVIDER's right, title, and interest in the property covered by the Project and any portion thereof.
12.9 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement.
12.10 Modification. This Agreement constitutes the entire agreement between the Parties.
This Agreement may be modified only by subsequent mutual written agreement executed by CITY and SUBDIVIDER.
12.11 Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY, SUBDIVIDER. SUBDIVIDER agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement.
12.12 California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced pursuant to this Agreement shall be initiated in the central or main branch of the Orange County Superior Court. 262
12.13 Interpretation. This Agreement shall be interpreted as though prepared by all Parties.
12.14 Preservation of Agreement. Should any paragraph, clause, provision or word of this Agreement be found invalid or unenforceable, such decision shall affect only the paragraph, clause, provision or word so construed and interpreted, and all remaining provisions shall remain valid and enforceable.
13. Mutual Agreement. The Parties hereto do mutually covenant and agree to the full and faithful performance of their respective obligations under this Agreement. [SIGNATURES ON FOLLOWING PAGES]
263
IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
"CITY"
C\Tf OF GARDEN GROVE
Date:
ATTEST:
City Clerk
Date:
Date: 7/^6/^y
Date: 7/^/^
BY:
City Manager
"SUBDIVIDER"
GGBrookhurst 2024, LLC,
By:^l;
Name: BJ Delzer
Its: Owner
z
By^
A^C
Name: Tim McSunas
|^g; President
APPROVED AS TO FORM:
'y\. yi
Garden Grove City Attorney
Date:
7-5,-^^^,
If SUBDIVIDER is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.
264
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of oran9e-)
On July 25, 2024before me, Petra B. Ryan
(insert name and title of the officer)
personally appeared BJ Delzer and Tim McSunas _^
who proved to me on the basis of satisfactory evidence to be the person^ whose name^-rs/are subscribed to the within instrumen^and acknowledged to me that-he/sheAhey executed the same in bis/hec/thieir authorized capacity(fes), and that byNe/be<^heirsignature(s)on the instrument the person^ or the entity upon behalf of which the person(s^ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature{AA^
{ PCTRAB.RYAN
Notary Public • California ^
Orange County ;
Commission ^ 2385529Commission 4
MyComm. Expires Dec 6. 2025
(Seal)
265
INSTRUCTIONS: If SUBDIVIDER is a corporation or limited liability company, the Agreement must be executed in the corporate/LLC name and signed by the President or a Vice-President and the Secretary or Assistant Secretary. If SUBDIVIDER is a limited liability company with designated centralized management (i.e., those that specifically designate in their articles of organization that they will be managed by a manager or managers), the Agreement must be executed in the LLC's name and signed by at least two managers (or by one manager in the case of an LLC whose articles of organization state that it is managed by only one manager). If SUBDIVIDER is a partnership, it must be signed by all general partners. If SUBDIVIDER is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be included.
266
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267
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03 268
RESOLUTION NO. 6078-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE RECOMMENDING THAT THE CITY COUNCIL APPROVE SITE PLAN NO. SP-127-2023 AND TENTATIVE TRACT MAP NO. TT-19273, FOR PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF BROOKHURST STREET AND CENTRAL AVENUE, AT 13252 BROOKHURST STREET AND 10052 CENTRAL AVENUE, ASSESSOR'S PARCEL NOS. 099-031-01, 099-031-02, 099-031-08, and 099-031-09.
BE IT RESOLVED that the Planning Commission of the City of Garden Grove, in regular session assembled on December 7, 2023, does hereby recommend that the City Council approve Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273, for lands located at the southeast corner of Brookhurst Street and Central Avenue, at 13252 Brookhurst Street and 10052 Central Avenue, Assessor's Parcel Nos. 099- 031-01, 099-031-02, 099-031-08, and 099-031-09, subject to (i) the Conditions of Approval attached hereto as “Exhibit A”; (ii) City Council approval of a Resolution approving General Plan Amendment No. GPA- 001-2023; (iii) City Council adoption and effectiveness of an Ordinance appr oving Zoning Amendment No. A-036-2023; and (iv) City Council approval of a Re solution adopting a Mitigated Negative Declaration and an associated Mitigation Monitoring an d Reporting Program for the Project.
BE IT FURTHER RESOLVED in the matter of Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273, the Planning Commission of the City of Garden Grove does hereby report as follows:
1. The subject case was initiated by Melia Homes, Inc., with authorization of the owner of the property located at 132 52 Brookhurst Street, Fraser Partner Properties, LLC., and the owners of the property located 10052 Central Avenue, Linh Hoang and Thu Thuy Pham.
2. The applicant has requested the following approvals to facilitate the proposed development: (i) a General Plan Amendment to amend the General Plan Land Use Designations of the properties from Light Commercial (LC) and Low Medium Density Residential (LMR) to Medium Density Resi dential (MDR) to facilitate the development of the residential project; (ii) a Zoning Amendment to change the zoning of the subjec t properties from C-1 (Neighborhood Commercial) and R-2 (Limited Multiple Residential) to R-3 (Multiple-Family Residential) to facilitate the development of the residential project; (iii) Site Plan approval to construct thirty (3 0) three-story townhomes along with associated site improvements; and (iv) Tentative Tract Map approval to create a one-lot subdivision for the purpose of selling each townhome as a condominium (collectively, the “Project”). The inclusion of three (3) for-sale “moderate-income” units qualifies the project for density bonus, reduced parking ratios, one concession, and certain waivers or reductions of development standards pursuant to the State Density Bonus Law (SDBL). 269
Resolution No. 6078-23 Page 2
3. Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations Sec. 15000 et. seq., an initial study was prepared, and it has been determined that the proposed Project qualifies for a Mitigated Negative Declaration because the proposed Project with implementation of the proposed mitigation measures cannot, or will not, have a significant effect on the environment. A Mitigati on Monitoring and Reporting Program (MMRP) has been prepared and is attached to the Mitigated Negative Declaration listing the mitigation measures to be monitore d during project implementation. The Mitigated Negative Declaration and Mi tigation Monitoring and Reporting Program were prepared and circulated in accordance with CEQA and CEQA's implementing guidelines.
4. Concurrently with its adoption of th is Resolution, the Planning Commission adopted Resolution No. 6077-23 recommending the Garden Grove City Council approve General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023; and Resolution No. 6079-23 recommending the Garden Grove City Council adopt a Mitigated Negative Declaration and the associated Mitigation Monitoring an d Reporting Program for the Project. The facts and findings set forth in Resolution No. 6077-23 and Resolution No. 6078-23 are hereby incorporated into this Resolution by reference.
5. The property has a General Plan Land Use designation of Light Commercial (LC) and Low Medium Density Residenti al (LMR) and is currently zoned C-1 (Neighborhood Commercial) and R-2 (Lim ited Multifamily Residential). The subject 1.22-acre lot is currently vacant and unimproved.
6. Existing land use, zoning, and General Plan designation of property in the vicinity of the subject property have been reviewed.
7. The report submitted by City staff was reviewed.
8. Pursuant to a legal notice, a public he aring was held on December 7, 2023, and all interested persons were given an opportunity to be heard.
9. The Planning Commission gave due and careful consideration to the matter during its meeting of December 7, 2023 , and considered all oral and written testimony presented regarding the Project, the initial study, and the Mitigated Negative Declaration.
BE IT FURTHER RESOLVED, FOUND AND DETERMINED that the facts and reasons supporting the conclusion of the Planning Commission, as required under Municipal Code Sections 9.32.030 and 9.40.060, are as follows:
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FACTS:
The subject site is located at the southeast corner of Brookhurst Street and Central Avenue. The site abuts an R-2 (Limited Multiple Residential) zoned property to the east, a C-2 (Community Commercial) zoned property to the south, a C-1 (Neighborhood Commercial) zoned property and R-2 zoned properties, across Central Avenue, to the north, and C-2 zoned pro perties, across Brookhurst Street, to the west. The site is in an area with a mix of uses that include commercial services such as medical offices, restaurants, and retail and residential uses, including single- and multi-family dwellings.
The site consists of two (2) vacant proper ties, each consists of two (2) adjoining parcels: one is located at 13252 Brookhurst Street, and the other is located at 10052 Central Avenue. The combined gross area is 1.22 acres.
The 13252 Brookhurst Street property consists of parcel Nos. 099-031-01 and 099-031-02. The property is a corner lot with dual frontage on Brookhurst Street and Central Avenue. The property has a Genera l Plan Land Use Designation of Light Commercial and is zoned C-1 (Neighborhood Commercial). The property is approximately 41,945 gross square feet (0 .96 acres), and was previously improved with a 6,637 square foot one-story restau rant building that was operated by Marie Callender’s from 1996 to 2021. After Mari e Callender’s ceased its operation, the building was left vacant. In December 2021, the building was severely damaged in a fire incident to the degree that the structure was too dangerous to be occupied.
Consequently. Consequently, the building was red-tagged by the Building and Safety Division. On June 28, 2023, a demolit ion permit was issued, and the building improvements were removed shortly thereafter. The building’s foundation remains, and there has been no excavation work or ground disturbing activities.
The 10052 Central Avenue property is a va cant lot abutting the Marie Callender’s property to the east. The property also consists of two (2) adjoining parcels:
Assessor’s Parcel Nos. 099-031-08 and 099-031-09, with one being landlocked. The property has a gross area of 12,350 square feet (0.28 acre). The property has a Land Use Designation of Low Medium Density Residential (LMR), and is zoned R-2. The site was originally improved with a single-family dwelling with an attached garage. On July 27, 2017, a demolition permit was issu ed to demolish the existing residential building. In 2019, the City approved Site Plan No. SP-065-2019 and Lot Line Adjustment No. LLA-021-2019, which consolidated the properties into one lot for the purpose of develop the site with a ne w residential duplex. Although the lot consolidation was recorded, the duplex was never constructed. In 2021, the City approved Director’s Review No. DR-054-2021 to allow another duplex design to be built on the site, since the previously ap proved entitlement expired. However, this entitlement also eventually expired sinc e the development was never constructed.
The property remains vacant and unimproved.
The applicant, Melia Homes, Inc., is an experienced housing developer in Southern California and previously worked with the Ci ty of Garden Grove on a project located at 9861 11
th Street that resulted in the construction of thirty-one (31) two- to three- 271
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story townhomes. The applicant is now proposing to combine the subject properties and to develop the site with thirty (30) attached townhomes, including three (3) affordable for-sale units for “moderate-income” households, which is equivalent to a proposed density of 24.6 units per acre, along with associated site improvements.
With the inclusion of three (3) for-sale affordable housing units for “moderate- income” households, the project is qualified for a density bonus, a reduced parking ratio, one (1) concession, and waivers pursuant to the State Density Bonus Law (SDBL). Provided the General Plan Amendment and Zoning Amendment are approved, the requested density of 24.6 units per acre is within the allowable density of the R-3 zone, which is 32 units per acre. Thus, no density bonus request is included in the proposal. The requested concession and waivers are as follows:
1. A concession to deviate from the open space amenity requirements (GGMC Section 9.12.040.050.J.7.d).
2. A waiver to reduce the distance separation between two buildings from ten feet (10’-0”) to seven feet, six inches (7’-6”) (GGMC Section
9.12.040.050.A.1).
3. A waiver to reduce the width of the acti ve recreation area from thirty feet (30’-0”) to fifteen feet (15’-0”) (GGMC Section 9.12.040.050.J.7.d).
4. A waiver to allow a six-foot (6’-0”) tall block wall to be constructed within the front setback along Brookhurst Street (GGMC Section 9.12.040.140.J).
5. A waiver to reduce the landscape setback along Brookhurst Street from fifteen feet (15’-0”) to ten feet (10’-0”) (GGMC Section 9.12.040.090.Q).
6. A waiver to allow the private open space to be located within the front setback area (GGMC Section 9.12.040.020.D).
An Affordable Housing Regulatory Agreement consistent with the State Density Bonus Law and the Garden Grove Municipal Code will be recorded to ensure the affordability of the moderate-income units.
FINDINGS AND REASONS:
SITE PLAN (HOUSING DEVELOPMENTS)
1. The proposed development project is consistent, in compliance, and conformity with the applicable, objective stan dards, provisions, conditions or requirements of the General Plan, Title 9, or other applicable ordinances or policies of the City.
The proposed project includes the cons truction of thirty (30) residential townhomes that includes three (3) af fordable housing units for "moderate income" households, along with associated site improvements. Pursuant to the State Density Bonus Law, the project is entitled to reduce parking ratios, one 272
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(1) incentive or concession, and waiv ers or modification s of development standards.
With the approval of General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023, the subject site will have a General Plan land use designation of Medium Density Resi dential (MDR), and will be zoned R-3 (Multiple-Family Residential). The MDR land use desi gnation is intended to create, maintain and enhance residential areas characterized by mostly traditional multi-family apartments, condominiums, and townhomes. The MDR land use designation is implemented by the R-3 zone, whic h is intended to provide for a variety of types and dens ities of multiple-f amily residential dwellings. This zone is intended to promote housing opportunities in close proximity to employment and commercial centers. With the exception of the reduced parking ratios and development standards required to be waived or modified pursuant to the State Densit y Bonus Law, the proposed project complies with all applicable objective development standards and provisions of the General Plan and Municipal Code. The proposed project is also consistent with several goals and policies of the City’s General Plan, including the following:
Policy LU-2.2: Strive to provide a dive rse mix of housing types, along with uniformly high standards of residential property maintenance to preserve residents’ real estate values and their high quality of life.
The proposed development of thirty (30) for-sale units will add to the mix of diverse housing types in the immediate neighborhood. The proposed townhome development will ensure maintenance of all common areas, such as the private street, guest parking areas, the common recreation area, and street frontage landscaping, which wi ll be the responsibility of the Homeowner’s Association to ensure proper maintenance that preserves the residents’ real estate values. Furtherm ore, the project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA), as well as the Housing Element policies.
Policy LU-2.4: Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood.
The site is located within a mixed-use neighborhood characterized by large commercial plazas and multi-story residential and mixed-use buildings.
Existing and approved new uses within the one-mile radius from the site consist of both commercial and high -density residential developments, including the Brookhurst Place at the no rthwest corner of Brookhurst Street and Garden Grove Boulevard (48 units/acre), a future new Mixed Use Building at the northeast corner of Brookhurst Street and Garden Grove Boulevard (28 units/acre), and the Garden Brook Seni or Housing development at the south side of Garden Grove Boulevard just west of Brookhurst Street (78 units/acre).
In addition, surrounding land use desig nations from the project site include Medium Density Residential, which allows a density of up to 32 units per acre, 273
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Residential/Commercial Mixed Use 1 (RC1), which allows up to 60 units per acre, and Residential/Commercial Mixed Us e 3 (RC3), which allows up to 48 units per acre. Considering the site is surrounded by Land Use districts that allow higher residential den sity, the proposed R-3 that allows up to 32 units per acre is appropriate, as it will not only provide opportunities for new housing developments, but also create a tr ansition between the lower density neighborhood to the east of the project site and the higher-density and mixed- use neighborhoods along Brookhurst Street.
Goal LU-4: The City seeks to develop uses that are compatible with one another.
The 1.22-acre site is proposed to be improved with thirty (30) townhome units, or 24.6 units per acre, which is within the allowable density of 32 units per acre pursuant to the proposed MDR General Plan land use designation. The proposed project is within the allowed density of the MDR land use designation and similar in scale to the adjoining residential neighborhood. The proposed design will consist of three-story units, which are allowed by the proposed R- 3 zoning. Thus, the project is similar bo th in land use intensity and physical scale of the adjoining residential neighborhood.
Policy 2.3 of the Housing Element: Provide density bonuses and other financial and regulatory incentives to facilitate the development of affordable housing.
The proposed project includes three (3) for-sale affordable units for “moderate-income” households in accordance with the State Density Bonus Law. To facilitate the development with these affordable units, the project incorporates State Density Bonus Law allowances of one (1) concession, five (5) waivers to deviate from developmen t standards, reduced parking ratios, and tandem parking design. The proposed Zoning Map Amendment and the granting of all of the aforementioned incentives are needed to facilitate the construction of the proposed development and to support the creation of more affordable housing units in the City. Furthermore, the Project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA).
2. The provisions of the California Environmental Quality Act have been complied with.
Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations Sec. 15000 et. seq., an initial study was prepared and it has been determined that the proposed Project qualifies for a Mitigated Negative Declaration because the proposed Project with implementation of the proposed mitigation measures cannot, or will not, have a significant effect on the environment. A Mitigation Monitori ng and Reporting Program has been prepared and is attached to the Mitiga ted Negative Declaration listing the mitigation measures to be monitored during project implementation. The Mitigated Negative Declaration and Mi tigation Monitoring and Reporting 274
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Program were prepared and circulated in accordance with CEQA and CEQA's implementing guidelines. Therefore, the provisions of the California Environmental Quality Act have been complied with. Pursuant to Resolution No. 6079-23, the Planning Commission recommended that the City Council adopt a Mitigated Negative Declarat ion and the associated Mitigation Monitoring and Reporting Program for the Project.
3. The proposed development project does not have specific, adverse impacts, as defined in subdivision (j)(1)(A) of Government Code Section 65589.5, on public health and safety without any feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the proposed project.
The proposed 30-unit townhome develo pment will not have specific, adverse impacts on public health and safety. The proposed project is within the maximum allowable density, is compatible with surrounding uses, is similar in scale to the adjoining neighborhood, and is consistent with the land use type and intensity in the immediate neighbor hood. Furthermore, the Project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA), as well as the Housing Element policies.
TENTATIVE TRACT MAP
1. The proposed map is consistent with the General Plan.
The proposed project includes the cons truction of thirty (30) residential townhomes that include three (3) affo rdable housing units for "moderate income" households, along with associated site improvements. Pursuant to the State Density Bonus Law, the project is entitled to reduce parking ratios, one (1) incentive or concession, and waiv ers or modification s of development standards.
With the approval of General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023, the subject site will have a General Plan land use designation of Medium Density Resi dential (MDR), and will be zoned R-3 (Multiple-Family Residential). The MDR is intended to create, maintain and enhance residential areas characterized by mostly traditio nal multi-family apartments, condominiums, and townhomes. The MDR is implemented by the R-3 zone, which is intended to provide for a variety of types and densities of multiple-family residential dwellings. This zone is intended to promote housing opportunities in close proximity to employment and commercial centers. With the exception of the reduced parking ratios, and development standards required to be waived or modified pursuant to the State Density Bonus Law, the proposed project complies with a ll applicable obje ctive development standards and provisions of the General Plan and Municipal Code. The proposed project is also consistent with several goals and policies of the City’s General Plan, including the following:
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Policy LU-2.2: Strive to provide a dive rse mix of housing types, along with uniformly high standards of residential property maintenance to preserve residents’ real estate values and their high quality of life.
The proposed development of thirty (30) for-sale units will add to the mix of diverse housing types in the immediate neighborhood. The proposed townhome development will ensure maintenance of all common areas, such as the private street, guest parking areas, the common recreation area, and street frontage landscaping, which wi ll be the responsibility of the Homeowner’s Association to ensure proper maintenance that preserves the residents’ real estate values. Furtherm ore, the project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA), as well as the Housing Element policies.
Policy LU-2.4: Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood.
The site is located within a mixed-use neighborhood characterized by large commercial plazas and multi-story residential and mixed-use buildings.
Existing and approved new uses within the one-mile radius from the site consist of both commercial and high -density residential developments, including the Brookhurst Place at the no rthwest corner of Brookhurst Street and Garden Grove Boulevard (48 units/acre), a future new Mixed Use Building at the northeast corner of Brookhurst Street and Garden Grove Boulevard (28 units/acre), and the Garden Brook Seni or Housing development at the south side of Garden Grove Boulevard just west of Brookhurst Street (78 units/acre).
In addition, surrounding land use desig nations from the project site include Medium Density Residential, which allows a density of up to 32 units per acre, Residential/Commercial Mixed Use 1 (RC1), which allows up to 60 units per acre, and Residential/Commercial Mixed Us e 3 (RC3), which allows up to 48 units per acre. Considering the site is surrounded by Land Use districts that allow higher residential den sity, the proposed R-3 that allows up to 32 units per acre is appropriate, as it will not only provide opportunities for new housing developments, but also create a tr ansition between the lower density neighborhood to the east of the project site and the higher density and mixed- use neighborhoods along Brookhurst Street.
Goal LU-4: The City seeks to develop uses that are compatible with one another.
The 1.22-acre site is proposed to be improved with thirty (30) townhome units, or 24.6 units per acre, which is within the allowable density of 32 units per acre pursuant to the proposed MDR General Plan land use designation. The proposed project is within the allowed density of the MDR land use designation and similar in scale to the adjoining residential neighborhood. The proposed design will consist of three-story units, which are allowed by the proposed R- 3 zoning. Thus, the project is similar bo th in land use intensity and physical scale of the adjoining residential neighborhood.
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Policy 2.3 of the Housing Element: Provide density bonuses and other financial and regulatory incentives to facilitate the development of affordable housing.
The proposed project includes three (3) for-sale affordable units for “moderate-income” households in accordance with the State Density Bonus Law. To facilitate the development with these affordable units, the project incorporates State Density Bonus Law allowances of one (1) concession, five (5) waivers to deviate from developmen t standards, reduced parking ratios, and tandem parking design. The proposed Zoning Map Amendment and the granting of all of the aforementioned incentives are needed to facilitate the construction of the proposed development and to support the creation of more affordable housing units in the City. Furthermore, the Project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA).
2. The design and improvement of the prop osed subdivision are consistent with the General Plan.
With the approval of General Plan Amendment No. GPA-001-2023, the proposed map will be consistent with th e provisions of the General Plan. The applicant is requesting Tentative Tract Map No. TT-19273 approval to create a one-lot subdivision for the purpose of deve loping the site with thirty (30) for sale townhomes (24.6 units per acre). With the approval of General Plan Amendment No. GPA-001-2023, the subject site will have a General Plan Land Use Designation of MDR, which is intended to create, maintain and enhance residential areas characterized by mostly traditional multi-family apartments, condominiums, and townhomes. The MDR Land Use Designation allows a density up to 32 units per acre. Thus, the project will within the allowable density. In accordance with the State Subdivision Map Act, Tentative Tract Map No. TT-19273 will create a one-lot subdivision for the purpose of selling each townhome as a condominium. The shared driveway, common open space, on- site landscaping, and open guest parking will be managed and maintained by the Homeowner Association (HOA). Wi th the approval of General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023, the proposed Tentative Tract Map is in conf ormance with the City’s General Plan, the City’s Subdivision Ordinance, the Municipal Code requirements, and the State’s Subdivision Map Act.
3. The site is physically suitable for the type of development and complies with the spirit and intent of the Municipal Code.
The site is physically suitable for th e type of development proposed by the developer and complies with the spirit and intent of the Municipal Code. The proposed 1.22-acre site will consist of 30 units, which would be allowed under the proposed R-3 zone. The residential development has been designed per the R-3 zone development standards. As designed, the site is able to accommodate thirty (30) units, along wi th the required parking, landscaping, private and common recreation areas, setbacks, and building height. 277
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Therefore, the property is sufficient in size to accommodate the proposed development, and complies with all applicable provisions of the City of Garden Grove Municipal Code.
The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure f i s h o r w i l d l i f e o r t h e i r h a b i t a t , and the requirements of the California Environmental Quality Act have been satisfied.
Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations Sec. 15000 et. seq., an initial study was prepared, and it has been determined that the proposed Project qualifies for a Mitigated Negative Declaration because the proposed Project with implementation of the proposed mitigation measures cannot, or will not, have a significant effect on the environment. A Mitigation Monitori ng and Reporting Program has been prepared and is attached to the Mitiga ted Negative Declaration listing the mitigation measures to be monitored during project implementation. The Mitigated Negative Declaration and Mi tigation Monitoring and Reporting Program were prepared and circulated in accordance with CEQA and CEQA's implementing guidelines.
4. The site is physically suitable for the proposed density of the development.
With the approval of General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023, the subject site will have a General Plan Land Use Designation of MDR, which is intended to create, maintain and enhance residential areas characterized by mostly traditional multi-family apartments, condominiums, and townhomes. The MDR Land Use Designation and R-3 zone allow a residential density up to 32 units per acre. The proposed project will consist of 30 units which is within the allowable density. The project has also been designed to comply with the Municipal Code R-3 zone development standards for multi-family developments. As designed, the site is able to accommodate 30 units, along with the required parking, landscaping, private and common recreation areas, setbacks, and building height. Therefore, the property is sufficient in size to a ccommodate the proposed development, and complies with all applicable provisions of the City of Garden Grove Municipal Code.
5. The design of the subdivision and the proposed improvements are not likely to cause serious public health problems.
The design of the residential subdivis ion and the proposed improvements are not likely to cause serious public health problems since conditions of approval will be in place to safeguard public health. The proposed subdivision has been 278
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designed to comply with the R-3 zone development standards of the Municipal Code. City Departments, including the Traffic Division, Water Division, Engineering Division and the Planning Services Division, and the Orange County Fire Authority (OCFA) have reviewed the proposed development and have applied conditions of approval to minimize potential impacts that the project may have on the community. The conditions of approval for on and off- site improvements will safeguard public health.
6. The design of the project and the proposed improvements will not conflict with easements of record or easements established by court judgment acquired by the public at large for access through or use of property within the subdivision; or, if such easements exist, alternate easements for access or for use will be provided and these will be substantially equivalent to the ones previously acquired by the public.
The design of the residential subdivision and the proposed improvements will not conflict with easements of record or easements established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision. The project has been designed to avoid development over existing easements.
7. The design and improvement of the prop osed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations.
The proposed subdivision has been spec ifically designed to accommodate the 30 townhomes on the subject property, and to create a one-lot subdivision for the purpose of selling each townhome as a condominium. As designed, the subdivision is able to accommodate 30 units, along with the required parking, landscaping, private and common recreation areas, setbacks, and building height per the development standards of the Municipal Code. Therefore, the design and improvement of the proposed subdivision is suitable for the proposed use and the subdivision can be developed in compliance with the applicable provisions of the City of Garden Grove Municipal Code.
8. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision.
To the extent feasible, the project has been designed in accordance with Government Code Section 66473.1, such as to allow for passive or natural heating opportunities in th e subdivision design, to encourage the orientation of structures to take advantage of shade and prevailing breezes, to allow solar access for passive heating and opportunities for placement of shade trees and other vegetation for cooling.
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9. The design, density, and configuration of the subdivision strike a balance between the effect of the subdivision on the housing needs of the region and public service needs.
The applicant is requesting approval of Tentative Tract Map No. TT-19273 to create a one-lot subdivision to sell ea ch of the 30 proposed townhomes as a condominium. Approval of the map will allow the construction of 30 townhomes on a site that is currently vacant and unimproved. Approval of the proposed Tentative Tract Map will allow a construc tion of thirty (30) new residential units, which will contribute to meetin g the City’s Region al Housing Needs Allocation (RHNA).
The project site is located in an area with a mix of uses that include commercial services and residential services. The Orange County Fire Authority (OCFA) will provide services to the project area. As part of the reviewing process, OCFA has reviewed the proposed plan to ensure that design measures are incorporated appropriately to provide a safe environment.
Brookhurst Street and Central Avenue are adequate to accommodate the development. Existing utilities and drainage channels in the area are adequate to accommodate the development. The proposed development will install and maintain landscaping, allowing adequate drainage of storm water.
Landscaping will also be added along Brookhurst and Central Avenue. The Public Works Department has reviewed the project, and has incorporated all the appropriate conditions of approval to minimize any adverse impacts.
Furthermore, the project area is in th e Garden Grove Unifi ed School District (GGUSD), which serves a 28-square mile area with 65 schools. Development of the project would generate a new student population on the project site, who would generally attend schools within the GGUSD. Provide the project is approved, the GGUSD impact fee will be collected prior issuance of the building permits. The fees are used for the constr uction and reconstruction of school facilities necessary as a result of new development.
10. The character of the subdivision is co mpatible with the design of existing structures, and the lot sizes of the su bdivision are substa ntially compatible with the lot sizes within the general area.
The applicant is requesting approval of Tentative Tract Map No. TT-19273 is to create a one-lot subdivision to sell ea ch of the 30 proposed townhomes as a condominium. Approval of the map will allow the construction of 30 townhomes on a site that is currently vacant and unimproved. The project has been reviewed in relation to the housing needs and goals of the City and is compatible with the existing developments in the direct vicinity. The property is located in an area improved with a mix of commercial and residential uses.
The proposed residential development will increase the number of available 280
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housings in the area, and further the goals of the Housing Element of the General Plan. Moreover, the project complies with the density requirements of the General Plan, as well as the Municipal Code development standards.
11. The subject property is not located within a state responsibility area or a very high fire hazard severity zone, the proposed subdivision is served by local fire suppression services, and the proposed subdivision meets applicable design, location, and ingress-egress requirements.
12. The discharge of waste from the proposed subdivision into the existing sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The conditions of approval for on and off-site improvements will ensu re permitted capacity of the public sewer system is not exceeded.
INCORPORATION OF FACTS AND FINDINGS SET FORTH IN THE STAFF REPORT In addition to the foregoing, the Planning Commission incorporates herein by this reference, the facts and findings set forth in the staff report and in report and in Resolution Nos. 6077-23 and 6079-23.
BE IT FURTHER RESOLVED that the Planning Commission does conclude:
1. The Site Plan and Tentative Tract Map possess characteristics that would justify the request in accordance with Municipal Code Sections 9.32.030.3 (Site Plan), Section 9.40.060 (Tentative Maps), and 9.60.020 (Review of Housing Development Projects).
2. In order to fulfill the purpose and intent of the Municipal Code and thereby promote the health, safety, and general welfare, the attached Conditions of Approval (Exhibit “A”) shall apply to Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273.
Adopted this 7th day of December 2023
ATTEST: /s/ JOSH LINDSAY ___
CHAIR
/s/ JUDITH MOORE _____
RECORDING SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
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I, JUDITH MOORE, Secretary of the City of Garden Grove Planning Commission, do hereby certify that the foregoing Reso lution was duly adopted by the Planning Commission of the City of Garden Grov e, California, at a meeting held on December 7, 2023, by the following vote:
AYES: COMMISSIONERS: (6) ARBGAST, CUEVA, CUNNINGHAM,
LARICCHIA, LINDSAY, PAREDES
NOES: COMMISSIONERS: (0) NONE
ABSENT: COMMISSIONERS: (1) RAMIREZ
/s/ JUDITH MOORE
RECORDING SECRETARY
PLEASE NOTE: Any request for court review of this decision must be filed within 90 days of the date this decision was final (See Code of Civil Procedure Section 1094.6).
A decision becomes final if it is not time ly appealed to the City Council. Appeal deadline is January 2, 2024.
282
Item 323/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Ursula Luna-Reynosa
Dept:
City Manager Dept: Economic Development and
Housing
Date: 8/13/2024
Subject: Approval of a contract with Select Electric, Inc., for emergency repair services at the Medal of Honor Bike and Pedestrian Trail (Cost: $65,544.02) (Action Item)
OBJECTIVE
For the City Council to approve a contract with Select Electric, Inc. for emergency repair services to the electrical systems for the Medal of Honor Bike and Pedestrian Trail.
BACKGROUND
The Real Property Division was notified of critical maintenance issues affecting the City’s Medal of Honor Bike and Pedestrian Trail. The trail begins from Nelson Street, south of Stanford Avenue, with a terminus located on Brookhurst Street, east of Bixby Avenue. On June 20, 2024, all overhead lighting throughout the entire trail had become non-operational due to extensive damage from removal of copper wiring and protective pull boxes. Select Electric was the first available contractor to respond and assess the situation. This situation posed significant safety risks, particularly during nighttime use, as the trail is non-gated and remained accessible to the public. Complaints regarding safety concerns related to nearby unhoused individuals further underscored the urgency to restore adequate lighting for public safety.
DISCUSSION
Select Electric conducted an initial investigation and confirmed the extent of the damage to all four (4) segments, and began repairs promptly. Due to the emergency state of elec trical repair work required, staff requested an exemption to the bidding procedures pursuant to Garden Grove Municipal Code Section 2.50.060 (B), subject to Garden Grove Municipal Code Section 2.50.070 (B) (Emergency Purchase Justification) and proceeded w ith the repair services in excess of $25,000. The electrical repair work was completed on July, 8 2024. The cost breakdown is as follows:
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FINANCIAL IMPACT
No additional funding is required. Funding for the emergency repair services was available in the Economic Development operational budget in FY 23-24.
RECOMMENDATION
It is recommended that the City Council:
Approve the bidding requirement to be dispensed with pursuant to Garden Grove Municipal Code Sections 2.50.060 (B) and 2.50.070 (B);
Approve a contract with Select Electric, Inc. in the amount of $65,544.02; and Authorize the City Manager, or designee(s) to execute the contract referenced above, and make minor modifications as appropriate thereto, on behalf of the City.
By: Alana Cheng, Administrative Officer
ATTACHMENT
1. Agreement
284
EMERGENCY PROJECT AGREEMENT
THIS AGREEMENT is made this ___ day of ______________, 2024, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), and Select Electric, Inc., hereinafter referred to as ("CONTRACTOR").
RECITALS:
The following recitals are a substantive part of this Agreement:
This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED ____________________.
CITY desires to utilize the services to PROVIDE EMERGENCY REPAIRS OF THE UNDERGROUND ELECTRICAL SYSTEMS ALONG 4 SEGMENTS OF THE MEDAL OF HONOR BIKE AND PEDESTRIAN TRAIL PER EXHIBIT “A” AND EXHIBIT “B”.
1) NELSON ST TO NUTWOOD ST (2 SEGMENTS) $20,250.86
2) NUTWOOD ST TO LAMPSON AVE (1 SEGMENT) $20,440.57
3) LAMPSON AVE TO BROOKHURST ST (1 SEGMENT) $21,910.81
4) WELD HAND HOLD COVERS 26 LIGHT POLES (4 SEGMENTS) $2,941.78
CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
4.0 Compensation. CONTRACTOR shall be compensated as follows: Compensation under this agreement shall be a Not to exceed (NTE) amount of Sixty Five Thousand Five Hundred Forty Four Dollars and 02/100 ($65,544.02), payable in arrears and in accordance with Scope of Work (EXHIBIT “A” AND EXHIBIT “B”), which is attached and is hereby incorporated by reference. Payment for work under this Agreement shall be made per invoice or request for work completed subject to Section 4.11 hereof.
4.1 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 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 285
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.
4.2 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 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 of 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.
4.3 Project. The PROJECT is described as Enclosed are the necessary specifications and related documents for the PROVIDE EMERGENCY REPAIRS OF THE UNDERGROUND ELECTRICAL SYSTEMS ALONG 4 SEGMENTS OF THE MEDAL OF HONOR BIKE AND PEDESTRIAN TRAIL PER EXHIBIT “A” AND EXHIBIT “B”.
4.4 Plans and Specifications. The work to be done is described in a set of detailed Plans and Specifications for: Enclosed are the necessary specifications and related documents to PROVIDE EMERGENCY REPAIRS OF THE UNDERGROUND ELECTRICAL SYSTEMS ALONG 4 SEGMENTS OF THE MEDAL OF HONOR BIKE AND PEDESTRIAN TRAIL PER EXHIBIT “A” AND EXHIBIT “B”.
Said Plans and Specifications and any revisions, 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 City which are also incorporated herein and referred to by reference.
4.5 Time of Commencement and Completion. The term of this agreement shall be from full execution of the agreement through completion of the project.
Contractor has thirty (30) working days to complete the work but this may be extended with prior approval in writing from the project manager only. This agreement may be terminated by the CITY without cause. CONTRACTOR agrees 286
to commence the Project within TEN (10) calendar days from the date set forth in the "Notice to Proceed".
4.6 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 4.5 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.
4.7 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; and act, neglect 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 4.5 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 will be determined in accordance with Section 9-103A of the State of California Department of Transportation Standard Specifications. The CITY'S decision will be conclusive on all parties to this Contract.
4.8 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 287
in Section 4.9 hereof. CITY shall extend the time fixed in Section 4.5 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.
4.9 Changes in Project.
4.9.1 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.
4.9.2 A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the CITY which causes any change, provided CONTRACTOR gives the CITY written notice stating the date, circumstances and source of the order and that CONTRACTOR regards the order as a change order.
4.9.3 Except as provided in this Section 4.9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 9 or entitle CONTRACTOR to an equitable adjustment.
4.9.4 If any change under this Section 4.9 causes an increase or decrease in CONTRACTOR'S actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the CITY shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (4.9.2) above shall be allowed for any costs incurred more than 20 days before the CONTRACTOR gives written notice as required in paragraph (4.9.2). 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.
4.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 4.9, it must, within thirty (30) days after receipt of a written change order under paragraph (4.9.1) or the furnishing of a written notice under paragraph (4.9.2), 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 may include the statement of claim in the notice under paragraph (4.9.2) of this Section
4.9. 288
4.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.
4.9.7 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 therefrom is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deduction, 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 therefor shall be submitted without delay by CONTRACTOR to CITY.
4.10 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 4.5 herein, plus the allowance made for delays or extensions authorized under Section 4.7, 4.8 and 4.9 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 two hundred and fifty dollars ($250.00) 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 moneys due or that may become due CONTRACTOR under the Contract.
4.11 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 as itemized in the bid proposal. Progress payments shall be made to the CONTRACTOR per month 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 30 days after the recordation of the Notice of Completion.
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.
289
4.12 Substitution of Securities in Lieu of Retention of Funds. Pursuant to California Public Contract Code Section 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.
4.13 Completion. CITY may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier in connection with Stop Notices, which have been filed under the provisions of the statutes of the State of California.
4.14 Contractor's Employee Compensation.
4.14.1 General Prevailing Rate. CITY has ascertained CONTRACTOR shall comply with all applicable requirements of Division 2, Part 7, Chapter 1 of the California Labor Code and all applicable federal requirements respecting the payment of prevailing wages. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations (DIR) for similar classifications of labor, the CONTRACTOR and its Subcontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal Wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR and its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question.
4.14.2 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 prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.
4.14.3 Apprentices. 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; provided, however, that this requirement shall not apply if and/or to the extent that the Contract of the general CONTRACTOR, or the contracts of 290
specialty contractors not bidding for work through a general or prime contractor involves less than thirty thousand dollars ($30,000.00).
4.14.4 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 thereunder except as provided in paragraph (4.14.1) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et sep.) 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.
4.14.5 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 per diem wages 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 of 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).
4.14.6 CONTRACTOR REGISTRATION; MAINTENANCE OF PAYROLL
RECORDS; JOB SITE POSTING
4.14.6.1 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.
4.14.6.2 Payroll Records. CONTRACTOR shall maintain
accurate payroll records and shall comply with all of the provisions of Labor Code Section 1776, and shall submit 291
payroll records to the Labor Commissioner pursuant to
Labor Code section 1771.4(a)(3).
4.14.6.3 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).
4.14.6.4 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.
4.15 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 approve by the CITY. The Surety Company must have an AM Best rating of A- VII or better.
4.16 Insurance.
4.16.1 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 with provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract.
4.16.2 CONTRACTOR and all subcontractors will carry and provide Workers' Compensation insurance for the protection of its employees during the progress of the work and provide Employers Liability in an amount not less than $1,000,000. The insurer shall waive its rights of subrogation against the CITY, its officers, agents and employees and shall issue a certificate to the policy evidencing same.
4.16.3 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.
292
4.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish certificates of insurance and endorsements evidencing the foregoing insurance coverage and such certificates of insurance and endorsements shall provide the name and policy number of each carrier and that the insurance is in force and will not be cancelled without 30 days written notice to the CITY. CONTRACTOR shall maintain all of the foregoing insurance in force until the work under this contract is satisfactorily and fully completed to the satisfaction of the CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by Contractor under Section 4.17 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 having a Best's Guide Rate of A-, Class VII or better (claims made and modified occurrence policies are not acceptable).
4.16.5 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. Contractor shall also provide a waiver of subrogation for each policy.
4.16.6 INSURANCE AMOUNTS. CONTRACTOR and all subcontractors shall maintain the following insurance in the amount and type for the duration of this Agreement:
(a) Commercial general liability in an amount not less than $5,000,000 per occurrence, and not excluding XCU; (claims made and modified occurrence policies are not
acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(b) Automobile liability in an amount not less than $5,000,000 combined single limit; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(c) Excess liability, follows form coverage, shall be provided for any underlying policy that does not meet the insurance requirements set forth herein.(claims made and modified occurrence
policies are not acceptable) Insurance companies must be 293
acceptable to CITY and have a Best’s Guide Rating of A-Class VII or better, as approved by the CITY.
An Additional Insured Endorsement, ongoing and completed operations, for the policy under section 4.16.6 (a) shall designate CITY, its officers, officials, employees, agents, 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 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 the policy under section 4.16.6 (b) shall designate CITY, its officers, officials, employees, agents, 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 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 the CITY.
In the event any of CONTRACTOR’S underlying policies do not meet policy limits within the insurance requirements, CONTRACTOR shall provide coverage under the excess liability policy in 4.16.6 (c). Policy must be a follows form excess/umbrella policy. CONTRACTOR shall provide the schedule of underlying polices for an excess liability policy, state that the excess policy follows form on the insurance certificate, and provide an additional insured endorsement for the excess liability policy designating CITY, its officers, officials, employees, agents, 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 the CITY, as additional insureds.
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 for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers, 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 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. 294
4.17 Risk and Indemnification. All work covered by this Contract done at the site of the Project or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify and keep 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 active negligence or sole 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.
4.18 Termination.
4.18.1 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.
Termination of contract shall conform to Section 8-1.11 of the State of California, Department of Transportation Standard Specifications.
4.18.2 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. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred in accordance with section 8-1.11 of the State of California, Department of Transportation Standard Specifications.
4.18.3 Upon receipt of a termination action under paragraph (4.18.1) or (4.18.2) 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.
4.18.4 Upon termination under paragraphs (4.18.1) and (4.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.
295
4.19 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 provided under this Contract and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.
4.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each party shall be responsible for their own attorneys' fees, costs and necessary expenses. If any action is brought against the 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 all attorneys' fees, costs and necessary disbursements arising out of the defense or 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.
4.21 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: City of Garden Grove
City Attorney
11222 Acacia Parkway
Garden Grove, California 92840
To CONTRACTOR: Select Electric, Inc.
Attention: Allen McLane, President
2790 Business Park Drive
Vista, CA 92081
296
IN WITNESS THEREOF, these parties have executed this Project Agreement on the day and year shown below.
Date:________________________ "CITY”
CITY OF GARDEN GROVE
By: __________________________
City Manager
ATTEST:
_____________________________
City Clerk
Date:_________________________
"CONTRACTOR"
Select Electric, Inc.
Contractor's State Lic. No._________
Expiration Date: ________________
By: __________________________
Title: _________________________
Date: _________________________
Tax ID No. _____________________
DIR Registration No.______________
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to the CITY.
APPROVED AS TO FORM:
_____________________________
Garden Grove City Attorney
297
EXHIBIT "A"
SCOPE OF WORK
1. Nutwood Street to Nelson Street (2 segments): $20,250.86
2. Nutwood Street to Lampson Avenue (1 segment): $20,440.57
3. Brookhurst Street to Lampson Avenue (1 segment): $21,910.81
4. Weld hand hold covers 26 light poles (4 segments): $2,941.78 Total Cost: $65,544.02
298
EXHIBIT "B"
1. Work Plan
2. Site Plan
3. Labor, Materials, and Equipment detail
299
SELECT
ELECTRIC. INC.
June 21, 2024
Garden Grove City
11222Acacia Pkwy
Garden Grove, CA
Attn: Paul Guerrero
RE: Trail Lighting Area 3
Nutwood to Nelson
SUBJ:
Description
Remove any damaged wiring, pull in new conductors per NEC guidelines to replace missing/stolen/damaged conductors from each pullbox to each pullbox and as needed from pullboxes to light handholes. Add tamper proof bolts 2 each to all 12 pullboxes and epoxy and ramset pins for theft resistance. Pull, splice and test from service to last pullbox/light pole and verify all 10 lights are functional Select Electric Inc.'s quoted price for the referenced change order request is as follows:
LS Total
Wrk Days
$ 20,250.86^
3 This change proposal is based on the usual cost elements such as labor, materials, and markup and does not include any amount for impacts such as interference, disruptions, rescheduling, change in the sequence of work, delays and/ or associated acceleration. We expressly reserve the right to submit our request for any of these items should we be faced with performing work under any of these conditions.
This quote is valid for 30_ calendar days from the above date and void thereafter. All work affected by either the acceptance or rejection of the enclosed change order quotation is on hold pending notification.
Back-up data is attached for your reference.
Respectfully,
Jonathan Rivera
General Superintendent
300
Garden Grove Trail Lighting
Area 1-Lampso<i to Brool'hurst
10 pob ] ghts.fcoMS need ^ira
repulted and tamper pcoof
boil s.'ftfxxy/ram set p'ns for boKi
plus to sarvit
Nutwood lo Lampson 6 pote
tghtsfco/ea are good-add
tamper proof bo!U.'epo<y;rarT.set
Stonfonl to Nutwood Spate
Ightrtxnua naad wtm reputed
•nJUmirpnol
bol»*p<ncy*a«nNtpn»
Natoon to SUrfml Spate
I^it»*uw nand u*e mpd
301
Change Order Request Recap
Contract No:
Project Title: Garden Grove Trail lighting
Location: From Nutwood Ave to Nelson Ave
Description of Work: Remove any damaged wiring, pull in new conductors per NEC guidelines to replace missing/stolen/damaged conductors from each pullbox to each pullbox LABOR
Electrician" Foreman LA
Electrician - Journeyman LA
Electrician - Journeyman LA
Electrician - Apprentice 85% LA
Hours
REG
REG
REG
REG
REG
REG
RES
REG
REG
REG
REG
REG
16 16
16 24
Hourly Rate
$ 120.00
$ 110.00
I 110.00
$ 85.00
$_-_$_-_$
$
$
$
$
$
Cost of Labor
Labor Surcharge | _0.00%
Total Cost of Labor with Surcharge
Extended Amounts
$ 1,920.00
$ 1.760.00
$ 1,760.00
} 2,040.00
$__„ _ -
$_-_$
$
$
$_-_$ _ _ -^
$
$ 7,480.00
$_-_$ 7.480.00
MATERIAL
Description
red Thwn copper #8 stranded
bi.a-9-k-ThY/-r?-oo-&p^r^^j-ti?j?^e-91..
white Thwn copper #8 stranded
green Thwn copper #10 stranded
large blue wire nuts
Wire marker booklets
Tamper proof bolts 3/B"x2"
epoxy tubes
Pulling lube quart
Black electrical tape
ramset pins
Qty
5 5
10 3
1 2
24 12
2 10
100
U.M.
reels
reels
reels
reels
bag
each
each
each
each
each
each
Unit Cost
$ 275.00
$ 275.00
$ 275.00
$ 140.00
$ 40.00
$ 22.00
I 6.00
$ 10.00
$ 15.00
$ 3.00
I 1.00
Subtotal
(A) California Sales Tax | 9.50%
Total Cost of Material
Ext. Amount
$ 1,375.00
$ 1.375.00
$ 2,750.00
$ 420.00
$ 40.00
$ 44.00
$
$ 144.00
$ 120.00
$ 30.00
I 30.00
$ 100.00
$
I
$
$ • -
$ 6,428.00
t 610.66
S 7.038.66
SUBCONTRACTED WORK
DescriptionQtyU.M.Unit Cost
Total Cost of Subcontracted Work
Ext. Amount
s
COR NO.
Date Submitted:
G.C./Agency:
Job No:
Prepared By:
EQUIPMENT
PICK-UP 1500
WORK TRUCK WITH ATTACHMENTS
AIR COMPRESSOR
Hours
32.0 16.0
16.0 Hourly Rate
$ 25.00
$ 45.00
$ 24.05
$
$
$
$
s
$
$
$
$
$
$
$
$
$
Total Cost of Equipment
Extended Amounts
$ 800.00
$ 720.00
$ 384.80
$
$
$
s
$
$
$
$
$
$
s
$
$
s
$ 1,904.80
Total Cost of Labor
Labor Mark-up
Total Cost of Equipment
Equipment Mark-up
Total Cost of Material
Material Mark-up
(B) California Sales Tax
Total Cost of Subcontracted Work
Subcontracted Work Mark-up
Sub-total
Bond
CCIP
25.00%
15.00%
15.00%
8.75',.
0.00%
Total Cost
S 7,480.00
S 1,870.00
$ 1,904.80
$ 285.72
$ 7,038.66
$ 1,055.80
$ 615.88
s
$
S 20.250.86
$
t 20,250.86
302
SELECT
ELECTRIC. INC.
June 21, 2024
Garden Grove City
11222Acacia Pkwy
Garden Grove, CA
Attn: Paul Guerrero
RE: Trail Lighting Area 2-option 1 full rewire
Nutwood to Lampson
SUBJ:
Description
Remove any damaged wiring, pull in new conductors per NEC guidelines to replace missing/stolen/damaged conductors from each pullbox to each pullbox and as needed from pullboxes to light handholes. Add tamper proof bolts 2 each to all lighting pullboxes and epoxy and ramset pins for theft resistance. Pull, splice and test from service to last pullbox/light pole and verify all lights are functional
Select Electric Inc.'s quoted price for the referenced change order request is as follows:
LS Total
Wrk Days
$ 20,440.57
3 This change proposal is based on the usual cost elements such as labor, materials, and markup and does not include any amount for impacts such as interference, disruptions, rescheduling, change in the sequence of work, delays and/ or associated acceleration. We expressly reserve the right to submit our request for any of these items should we be faced with performing work under any of these conditions.
This quote is valid for 30 calendar days from the above date and void thereafter. All work affected by either the acceptance or rejection of the enclosed change order quotation is on hold pending notification.
Back-up data is attached for your reference.
Respectfully,
Jonathan Rivera
General Superintendent
303
CD
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CD
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QJ
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(Q
304
Change Order Request Recap
Contract No:
Project Title: Garden Grove Trail lighting
Location: From Nutwood Ave to Lampson Ave
Description of Work: Remove all wiring for pole lights and install new wiring box to box and to sen/ice to correct wiring mistakes, color coding and labeling issues to avoid LABOR
Electrician" Foreman LA
Electrician - Journeyman LA
Electrician - Journeyman LA
Electrician - Apprentice 85% LA
Hours
REG
REG
REG
REG
REG
REG
REG
REG
REG
REG
REG
REG
16 16
16 24
Hourly Rate
$ 120.00
$ 110.00
$ 110.00
$ 85.00
$ -
$ , _. ,-
$
$
$
$
$
$
Cost of Labor
Labor Surcharge | _0.00%
Total Cost of Labor with Surcharge
Extended Amounts
$ 1.920.00
$ 1,760.00
$ 1,760.00
$ 2,040.00
$
$
$
$
$_-_$
$
$
$ 7,480.00
$____ ^ _ -
$ 7.480.00
MATERIAL
Description
red Thwn copper #8 stranded
black Thwn copper #8 stranded
white Thwn copper #8 stranded
green Thwn copper #10 stranded
large blue wire nuts
Wire marker booklets
Tamper proof bolts 3/8"x2"
epoxy tubes
Pulling lubequart
Black electrical tape
ramset pins
Qty
5 5
10 4
1 2
24 12
2 10
100
U.M.
reels
reels
reels
reels
bag
each
each
each
each
each
each
Unit Cost
$ 275.00
$ 275.00
$ 275.00
$ 140.00
$ 40.00
$ 22.00
$ 6.00
$ 10.00
$ 15.00
$ 3.00
$ 1.00
Subtotal
(A) California Sales Tax | 9.50%
Total Cost of Material
Ext. Amount
$ 1,375.00
$ 1,375.00
$ 2,750.00
$ 560.00
$ 40.00
$ 44.00
$
$ 144.00
$ 120.00
$ 30.00
$ 30.00
$ 100.00
$
$
$
$
$ 6,568.00
$ 623.96
$ 7,191.96
SUBCONTRACTED WORK
DescriptionQtyU.M.Unit Cost
Total Cost of Subcontracted Work
Ext. Amount
$
COR NO.
Date Submitted:
G.C./Agency:
Job No:
Prepared By:
EQUIPMENT
PICK-UP 1500
WORK TRUCK WITH ATTACHMENTS
AIR COMPRESSOR
Hours
32.0 16.0
16.0 Hourly Rate
S 25.00
$ 45.00
$ 24.05
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Total Cost of Equipment
Extended Amounts
S 800.00
$ 720.00
$ 384.80
$
$
$
$
$
$
$
$
s
$
$
$
$
$
$ 1,904.80
Total Cost of Labor
Labor Mark-up
Total Cost of Equipment
Equipment Mark-up
Total Cost of Material
Material Mark-up
(B) California Sales Tax
Total Cost of Subcontracted Work
Subcontracted Work Mark-up
Sub-total
Bond
CCIP
25.00%
15.00%
15.00%
8.75%
0.00%
Total Cost
S 7.480.00
$ 1,870.00
S 1,904.80
S 285.72
S 7,191.96
S 1.078.79
$ 629.30
$
$
$ 20.440.57
$
$ 20,440.57
305
SELECT
ELECTRIC. INC.
June 21, 2024
Garden Grove City
11222Acacia Pkwy
Garden Grove, CA
Attn: Paul Guerrero
RE: Trail Lighting Area 1
Brookhurst to Lampson
SUBJ:
Description
Remove any damaged wiring, pull in new conductors per NEC guidelines to replace missing/stolen/damaged conductors from each pullbox to each pullbox and as needed from pullboxes to light handholes. Replace one damaged pullbox and lid. Add tamper proof bolts 2 each to all 12 pullboxes and epoxy and ramset pins for theft resistance. Pull, splice and test from service to last pullbox/light pole and verify all 10 lights are functional
Select Electric Inc.'s quoted price for the referenced change order request is as follows:
LS Total
Wrk Days
$ 21,910.81
3 This change proposal is based on the usual cost elements such as labor, materials, and markup and does not include any amount for impacts such as interference, disruptions, rescheduling, change in the sequence of work, delays and/ or associated acceleration. We expressly reserve the right to submit our request for any of these items should we be faced with performing work under any of these conditions.
This quote is valid for 30 calendar days from the above date and void thereafter. All work affected by either the acceptance or rejection of the enclosed change order quotation is on hold pending notification.
Back-up data is attached for your reference.
Respectfully,
Jonathan Rivera
General Superintendent
306
Garden Grove Trail Lighting
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10 poh Ightabaxu nmt wb»
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ptu»to—nA»rtwuaiy
NutAtwd lo Lampson 6 pcte
tghtsfcoxea are good- add
tamper proof boHs.'epoxv/farT.s<
Stan'ond to Nuhwri 5 polo
tghts/bcnea need w're repun^d
and tamper proof
bals'epoxy/ramsetp
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l5hl&bo>esneedv.irerepu'1ed
arxJ tamper proof
bo'ls'epoxvi'ran.sel pins
307
Change Order Request Recap
Contract No:
Project Title: Garden Grove Trait lighting
Location: From Brookhurst Ave to Lampson Ave
Description of Work: Remove any damaged wiring, pull in new conductors per NEC guidelines to replace missing/stolen/damaged conductors from each pullbox to each pullbox COR NO.
Date Submitted:
G.C./Agency:
Job No:
Prepared By:
LABOR
Electrician - Foreman LA
Electrician - Journeyman LA
Electrician - Journeyman LA
Electrician - Apprentice 85% LA
Hours
REG
REG
REG
REG
REG
REG
REG
REG
REG
REG
REG
REG
16 16
16 24
Hourly Rate
$ 120.00
$ 110.00
$ 110.00
$ 85.00
$
$
$
$
$ -
$
$
$_-_ Cost of Labor
Labor Surcharge | _0.00%
Total Cost of Labor with Surcharge
Extended Amounts
$ 1,920.00
$ 1,760.00
$ 1,760.00
$ 2,040.00
$
$
$
$ _
$
$
$
$___-$ 7,480.00
$
S 7,480.00
MATERIAL
Description
red Thwn copper #8 stranded
black Thwn copper #8 stranded
white Thwn copper #8 stranded
green Thwn copper#10 stranded
large blue wire nuts
Wire marker booklets
Christy boxirx11"x12"
Tamper proof bolts 3/B"x2"
epoxy tubes
Pulling lube quart
Black electrical tape
ramset pins
Qty
6 6
12 3
1 2
1 24
12 2
10 100
U.M.
reels
reels
reels
reels
_bag_
each
each
each
each
each
each
each
Unit Cost
$ 275.00
$ 275.00
$ 275.00
$ 140.00
$ 40.00
$ 22.00
$ 125.00
$ 6.00
$ 10.00
$ 15.00
$ 3.00
$ 1.00
Subtota]
(A) California Sales Tax | 9.50%
Total Cost of Material
ExL Amount
$ 1.650.00
$ 1.650.00
$ 3,300.00
$ 420.00
I 40.00
t 44.00
$ 125.00
I 144.00
$ 120.00
t 30.00
$ 30.00
t 100.00
t
t
t
t
t 7.653.00
t 727.04
( 8,380.04
SUBCONTRACTED WORK
DescriptionQtyU.M.Unit Cost
Total Cost of Subcontracted Work
Ext. Amount
>
EQUIPMENT
PICK-UP 1500
WORK TRUCK WITH ATTACHMENTS
AIR COMPRESSOR
Hours
32.0 16.0
16.0 Hourly Rate
S 25.00
$ 45.00
S 24.05
s
$
$^
$
$
$
$
$
$
s
s
$
$
$
Total Cost of Equipment
Extended Amounts
$ 800.00
$ 720.00
$ 384.80
$
$
$
$
$
s
$
s
$
$
$
$
$
$
$ 1,904.80
Total Cost of Labor
Labor Mark-up
Total Cost of Equipment
Equipment Mark-up
Total Cost of Material
Material Mark-up
(B) California Sales Tax
Total Cost of Subcontracted Work
Subcontracted Work Mark-up
Sub-total
Bond
CCIP
25.00%
15.00%
1S.OO%
8.75%
0.00%
Total Cost
S 7.480.00
S 1,870.00
S 1,904.80
$ 285.72
S 8.380.04
$ 1.257.01
S 733.25
s
s
$ 21,910.81
s
$ 21,910.81
308
SELECT
ELECTRIC. INC.
July 2, 2024
City of Garden Grove
11222AcaciaPkwy
Garden Grove, CA
Attn: Paul Guerrero
RE: Medal of Honor Bike Path
SUBJ:
Description
Weld hand hole covers on (26) light poles to prevent vandalism.
Select Electric Inc.'s quoted price for the referenced change order request is as follows:
LS Total
Wrk Days
$ 2,941.78
1 This change proposal is based on the usual cost elements such as labor, materials, and markup and does not include any amount for impacts such as interference, disruptions, rescheduling, change in the sequence of work, delays and/ or associated acceleration. We expressly reserve the right to submit our request for any of these items should we be faced with performing work under any of these conditions.
This quote is valid for 30 calendar days from the above date and void thereafter. All work affected by either the acceptance or rejection of the enclosed change order quotation is on hold pending notification.
Back-up data is attached for your reference.
Respectfully,
Merisa Gamler
Project Manager
309
Change Order Request Recap
Contract No:
CORNO. 1RefNo:
Date Submitted: July 2, 2024
Project Title: Garden Grove Trail LightingG.C./Agency: City of Garden Grove Location: Medal of Honor Bike PathJob No: 3612
Description of Work: Weld hand hole covers on (26) light poles to prevent vandalism.Prepared By: Merisa Gamler LABOR
Electrician - Journeyman
Electrician - Apprentice 85% LA
Hours
REG
REG
REG
REG
REG
REG
REG
REG
REG
REG
REG
REG
8 8
Hourly Rate
$ 110.00
$ 85.00
$
$
$
$
$
$
$
$
$
$
Cost of Labor
Labor Surcharge |0.00%
Total Cost of Labor with Surcharge
Extended Amounts
$ 880.00
$ 680.00
$
$
$
$
$
$
$
$
$
$
$ 1,560.00
$
$ 1,560.00
MATERIAL
Description
Welding Rod - 501b Can
Qty
1 U.M.Unit Cost
$ 319.00
Subtotal
(A) Californi;Sales Tax| 8.75%
Total Cost of Material
Ext. Amount
$ 319.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 319.00
$ 27.91
$ 346.91
SUBCONTRACTED WORK
DescriptionQtyU.M.Unit Cost
Total Cost of Subcontracted Work
Ext. Amount
$
EQUIPMENT
UTILITY TRUCK
WELDER
Hours
8.0 8.0
Hourly Rate
$ 54.23
$ 15.52
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Total Cost of Equipment
Extended Amounts
$ 433.84
$ 124.16
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 558.00
Total Cost of Labor
Labor Mark-up
Total Cost of Equipment
Equipment Mark-up
Total Cost of Material
Material Mark-up
(B) California Sales Tax
Total Cost of Subcontracted Work
Subcontracted Work Mark-up
Sub.total I
Bond I
CCIPl
20.00%
15.00%
15.00%
0.00%
0.00%
1.00%
Total Cost
$ 1,560.00
$ 312.00
$ 558.00
$ 83.70
$ 346.91
$ 52.04
$
$
$
$ 2,912.65
$ 29.13
$
$ 2,941.78
310
Item 333/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: William E. Murray
Dept:
City Manager Dept: Public Works
Date: 8/13/2024
Subject: Authorization of the issuance of purchase orders with Econolite Control Products and JTB Supply Company, Inc., for Fiscal Year 2024 -25 for Traffic Control Operations. (Cost: $75,000 Econolite; $125,000 JTB Supply Company) (Action Item)
OBJECTIVE
For City Council to authorize issuance of purchase orders with Econolite Control Products (Econolite) and JTB Supply Company, Inc. (JTB Supply) for the purchase of traffic control products.
BACKGROUND
Current purchasing policy requires informal quotes or competitive bidding for supply and equipment purchasing exceeding $5,000. Blanket purchase orders are used for various categories of items, such as hardware, electrical supplies, and minor equipment when the required individual items or quantities cannot be determined in advance.
Due to the nature of traffic control day -to-day operations, specifically staff’s obligation to respond rapidly to traffic signal outages, pole knockdowns, etc., Traffic Engineering is requesting purchase orders with JTB Supply and Econolite.
DISCUSSION
Econolite controllers exclusively support the City’s traffic signal system. These devices are located at each signalized intersection and are housed in an above -ground cabinet. The controllers ensure proper timing and coordination of all red, green, and yellow signal phases as well as pedestrian movements. Econolite controllers have proven reliable and have kept traffic flowing safely and efficiently throughout the City.
JTB Supply provides traffic signal hardware from 17 manufac turers, offering competitive pricing for most of their products. JTB Supply provides rapid turnarounds on our most urgent requests and their nearby distribution center in the City of Orange allows the City of Garden 311
Item 333/2024