Los Alamitos City Council
February 20, 2024

14 J. SAMPLE COST ESTIMATE FOR DEVELOPMENT PROJECTS
PROJECT ELEMENTS (Examples) Total Cost*
General
Fund Grant
Other
Funder

1.0 Project Administration

1.1 Staff Time**

1.2 Technical Consultants

2.0 Planning, Design & Permitting

2.1 Design & Engineering

2.2 Permits

TOTAL NON-CONSTRUCTION

3.0 Site Preparation

3.1 Mobilization

3.2 Demolition

3.3 Grading

4.0 Construction and Materials

4.1 Trees (15-gallon)

4.2 Plants

4.3 Bioswales

4.4 Irrigation

5.0 Other

5.1 Construction Management

5.2 Hazard Insurance/Bond

TOTAL CONSTRUCTION
Overhead***
Contingency

PROJECT GRAND TOTAL
*All invoices and receipts for project expenditures from all funding sources will be retained and made available for state audit.
** Grantee’s staff labor must be computed on actual time spent on the project and evidenced by time and attendance records describing work performed. Only salary plus benefits are eligible. No indirect rates or overhead costs may be folded into the hourly rate. No billable rates may be used. ***Overhead costs are allowable and generally limited to 15% of total direct costs of the grant.

15 K. SAMPLE COST ESTIMATE FORM FOR ACQUISITON PROJECTS Project Title:

Assessor’s Parcel Number(s) Acreage
Indicate
Fee or
Easement
Willing Seller Name and
Address

ACQUISITION COST ESTIMATE
Total Cost* General
Fund Grant
Other
Funder
(Name)
Other
Funder
(Name)
Estimated Fair Market Value
Relocation Costs
Preliminary Title Reports, Appraisal
Escrow Fees, Title Insurance, Closing Costs
Surveying
Direct Costs - Staff** and Consultants
State appraisal review (recommend
budgeting $10,000)
$10,000
Contingency
Other (specify)
Overhead***
Grand Total
*All invoices and receipts for project expenditures from all funding sources will be retained and made available for state audit. ** Grantee’s staff labor must be computed on actual time spent on the project and evidenced by time and attendance records describing work performed. Only salary plus benefits are eligible. No indirect rates or overhead costs may be folded into the hourly rate. No billable rates may be used. ***Overhead costs are allowable and generally limited to 15% of total direct costs of the grant.

Acquisition Schedule* Completion Date
Complete Appraisal
Submit Appraisal, purchase documents and title report to State Submit draft grant deed w/deed restriction language to State for approval
Open escrow & request advance into escrow
Close escrow and submit final closing documents to State Close-out
*Grantee should submit evidence of progress on the acquisition within 6 months of grant execution.

16 L. SAMPLE DEVELOPMENT PROJECT TIMELINE
Activity Description Timeline
Preliminary project work Month 20XX- Month 20XX
Design Completed Month 20XX- Month 20XX
CEQA Completed Month 20XX- Month 20XX
Construction contract awarded Month 20XX- Month 20XX
Construction period Month 20XX- Month 20XX
Submit Project Closeout package with final Payment Request Month 20XX

17 M. PROPERTY DATA SHEET
Complete the Property Data Sheet listing each parcel included in the proposed project, as well as the owner(s) of each parcel. Indicate and attach all required documents* including any clarifying comments below. Attach additional sheets if necessary.

No Owner Name
Assessor Parcel
Number(s) Acreage
Indicate type of
ownership. For
acquisitions,
indicate type of
purchase.

For all parcels, indicate
*document used to
demonstrate ownership
and attach a copy of
each document-clearly
labeled with the APN-to
this document
If parcel(s) not owned by
Grantee(s) indicate *document
verifying long-term Permission to
Develop and maintain and
attach
Fee SimpleEasementOther (describe)
Entity to perform O&M
# of years O&M to be performed
Proof of Ownership (tax
bill, grant deed, etc.)
O&M AgreementLeaseJPALetter from OwnerOther (describe)
1 2
3 4
5 6
7 8
9 10
Comments:

Total Number of Parcels: ____________________Total Number of Acres: ______________________________________________

18 N. PROJECT PERMIT/APPROVAL STATUS
Indicate the status of all federal, state, and local permits required for the project. Describe any potential delays due to permitting (indicate specific permits). If acquiring a long-term encroachment permit, submit evidence the entity with jurisdiction is aware of the project and is willing to work with Grantee to issue the permit.

This list is not all inclusive. It is Grantee’s responsibility to identify and obtain applicable permits.

Permitting Agency Type of Requirement
RequiredAppliedAcquiredDate Expected
State Agencies:

California Department of Fish and
Wildlife Lake or Streambed Alteration Agreement (Section 1600) California Department of Fish and
Wildlife
Incidental Take Permit or Consistency Determination (CESA) (California Endangered Species Act)
Department of Transportation Encroachment Permit
Coastal Commission Coastal Development Permit
Coastal Commission Letter of Consistency
Regional Water Quality Control
Board 401 Water Quality Certification or Waste Discharge Requirement State Water Resources Control
Board Water Rights Permit
State Water Resources Control
Board General Industrial Storm Water Permit
State Lands Commission Permit (if using State owned property) State Office of Historic
Preservation
Section 106 Consultation with State Historic Preservation Officer (National Historic Preservation Act of 1986)
Federal Agencies
U.S. Fish and Wildlife Service
(USFWS)
Section 7 Consultation, Biological Opinion or Section 10 Permit (Endangered Species Act)
U.S. Army Corps of Engineers
(ACOE) Section 404 Permit (Clean Water Act)
U.S. Army Corps of Engineers Section 10 Permit (Rivers & Harbors Act of 1899) U.S. Coast Guard / U.S. Army Corps
of Engineers Section 9 Permit (Rivers & Harbors Act of 1899) U.S. National Resources
Conservation Service Section 106 Consultation (National Historic Preservation Act of 1986) National Marine Fisheries Service
(NMFS) Section 7 consultation if federal nexus see ACOE, or Section 10 Permit Local and Regional Planning Agencies
City/County Grading Permit
City/County Environmental Health Department
City/County Model Water Efficient Landscape Ordinance – Landscape Documentation Package
Central Valley Flood Protection
Board Permission to Encroach on Waterways within Designated Floodways San Francisco Bay Conservation
and Development Commission Any relevant permit
Tahoe Regional Planning Agency Any relevant permit
Local Resource Conservation
District Consultation
Flood Control Districts Floodway & Hydrological Analysis Others (e.g.,CalRecycle, State
Contractors Board, etc.):

None No permits are applicable

19 O. PAYEE DATA RECORD/GOVERNMENT AGENCY TAXPAYER ID FORM Non-profit Grantees must provide a completed and signed STD 204 Payee Data Record form.

Government entities must provide a completed and signed Government Agency Taxpayer ID Form. These forms are required to receive payment from the State of California.

A fillable form STD 204 can be found at https://resources.ca.gov/-/media/CNRAWebsite/Files/grants/AdminForms/std204.pdf.

A fillable Government Agency Taxpayer ID Form can be found at https://resources.ca.gov/- /media/CNRA-Website/Files/grants/AdminForms/GovtTINForm_000.pdf.

20 P. WILLING SELLER LETTER (ACQUISITIONS ONLY)
All acquisition packages must include Willing Seller letters from each person on the title.

The letter must include the following information and be signed and dated by the legal owner(s) of each parcel to be acquired. Include the legal owner’s name in print and their title. If the letter is being signed by a representative of the landowner, include separate legal documents (e.g., trust documents) authorizing them to sign for the landowner.
(Template -- Willing Seller Letter)
Date:

To: California Natural Resources Agency
From: Name(s) of Legal Owner (Trust, etc.)
Address of Legal Owner(s)
Re: Parcel number(s):

County:

Property Address:

To Whom It May Concern:

This letter is provided to confirm that (name of owner, trust, etc.), owner of the abovereferenced property, is a willing participant in the proposed real property transaction and is willing to enter into negotiations for the sale of the real property for a purchase price at or below fair market value.

Acknowledged:
_____________________________ _______________________
Printed name and title Date signed
Signature of landowner
_____________________________ _______________________
Printed name and title Date signed
Signature of landowner
_____________________________ _______________________
Printed name and title Date signed
Signature of landowner

21 Q. LAND TENURE TERM
The State recognizes that specific activities on the project property may change over time; however, all uses on the property must remain consistent with the authorizing legislation and in accordance with the following requirements:

Acquisition Projects
For acquisition of lands for conservation or open space purposes, Grantee or Grantee’s successor in interest shall hold, in perpetuity, the real property only for the purpose for which the grant was made and make no other use or sale or other disposition of the property without the written permission of the State. Grantee shall not use or allow the use of any portion of the real property as security for any debt.

For acquisition of real property for purposes other than conservation or open space (or those funded by bond dollars), Grantee or Grantee’s successor in interest shall hold, maintain, operate, and use the real property only for the purpose for which the grant was made and make no other use, sale, or other disposition of the property without the written permission of the State and shall not use or allow the use of any portion of the property as security for any debt for the following Land Tenure Term:
• At least 10 years for Grants up to $100,000
• At least 20 years for Grants up to $1 million
• At least 25 years for Grants over $1 million
After the Land Tenure Term, if the real property ceases to be used for a public purpose, or the property is sold or otherwise disposed of, the Grantee or the Grantee’s successor in interest shall reimburse the State a percentage of the property’s equity equivalent to the percentage of grant funds contributed toward the original acquisition.

For all acquisitions, regardless of purpose and Land Tenure Term, Grantee or Grantee’s successor in interest shall not use or allow the use of any portion of real property acquired with grant funds for mitigation (i.e., to compensation for adverse changes to the environment elsewhere) without the written approval of the State. Additionally, a deed restriction or a Memorandum of Unrecorded Grant Agreement (MOUGA) which defines the State’s interest in the property must be recorded for all acquisitions.

Development Projects
Grantee shall maintain and operate the project developed pursuant to this grant and shall not use or allow the use of any portion of the project property as security for any debt for the following Land Tenure Term:
• At least 10 years for Grants up to $100,000
• At least 20 years for Grants up to $1 million
• At least 25 years for Grants over $1 million
Grantee shall not use or allow the use of any portion of the project property for mitigation (i.e., to compensate for adverse changes to the environment elsewhere) without the written approval of the State.

22 With the approval of the State, Grantee or Grantee’s successor in interest in the property may enter into an agreement with another party to maintain and operate the project property in accordance with this grant program. At a minimum, the agreement must do the following:
a. Clearly spell out the roles of each party in detail. b. Be signed by both parties signifying their acceptance. c. Not terminate prior to the Land Tenure Term required by the grant agreement (only agreements that allow early termination for cause or by mutual consent will be acceptable).
d. Include language that Grantee will resume responsibility for ongoing operation and maintenance in the event of cancellation.

Grantee may be excused from its obligation to operate and maintain the project site only upon the written approval of the State for good cause. Good cause includes, but is not limited to, natural disasters that destroy the project improvements and render the project obsolete or impracticable to rebuild.

23 R. SAMPLE DEED RESTRICTION LANGUAGE - APPLICABLE TO ACQUISITIONS FOR

CONSERVATION PURPOSES ONLY
The property described in this deed was purchased in part or in whole with grant funds provided by the State of California by and through the Natural Resources Agency (“the State”) under the General Fund Specified Grant Program and is referred to herein as the “Burdened Property”. The Burdened Property currently consists of [project description from appraisal/DGS memo]. Landowner desires and intends that in order to provide public benefit and meet the terms of the funding, the Burdened Property shall be used only for purposes consistent with the funding.

Use of the burdened property is restricted and shall exclusively be for [project use based on purpose of the program/project proposal]. If access for the public ever needs to change location, scope, or scale, landowner will seek consent from the State.

Unless otherwise expressly identified in this deed, all development rights are extinguished.

Landowner acknowledges the restrictions, extinguished development rights, and other dedications in this deed provide a benefit to the burdened property and all other adjacent property, as well as the People of the State of California, and the terms of this deed shall run with the land and bind all successive owners in interest consistent with Civil Code section 815 et seq. No other uses are permitted or granted herein, and any violation of these restrictions or dedications will operate to automatically revert the Burdened Property to the State of California.

The Burdened Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State. Such approval shall not be unreasonably withheld, provided the purposes for which the funding was awarded are expressly assumed by the purchaser as part of the purchase agreement and prior to the close of escrow.

Responsibilities to maintain and operate the Burdened Property in accordance with this deed runs with the land.

Obligations for operation and maintenance of the Burdened Property may be abandoned only upon the written approval of the State and only for good cause. Good cause includes, but is not limited to, natural disasters that destroy the property. Good cause shall not include more expedient or economically beneficial development.

The Burdened Property, or any portion thereof, may not be used for mitigation without the written permission of the State.

The Burdened Property, or any portion thereof, may not be used as security for any debt.

These restrictions imposed on the Burdened Property shall run with the land and pass with each and every portion of the Burdened Property and shall apply to and bind the respective successors in interest to the Burdened Property.

24 S. MEMORANDUM OF UNRECORDED GRANT AGREEMENT TEMPLATE – APPLICABLE TO

ACQUISITIONS (NOT FOR CONSERVATION PURPOSES) ONLY
(DO NOT FILL OUT AS PART OF APPLICATION)
Recording requested by, and )
when recorded, return to: )
State of California )
Natural Resources Agency )
Bonds & Grants )
715 P Street, 20th Floor )
Sacramento, CA 95814 ) Space above this line for Recorder’s use

MEMORANDUM OF UNRECORDED GRANT AGREEMENT
This Memorandum of Unrecorded Grant Agreement (Memorandum), dated as of _____________, 20___, is recorded to provide notice of an agreement between the State of California, by and through the Natural Resources Agency (“Agency”) and _______________________ (“Grantee”).

RECITALS
• On or about __________________, 20__, Agency and Grantee entered into a certain Grant Agreement, Grant No. _______ (“Grant”), attached and incorporated herein by reference as Exhibit A, pursuant to which Agency granted to Grantee certain funds for the acquisition of certain real property, more particularly described in Exhibit B, attached and incorporated herein by reference (the “Real Property”).
• Under the terms of the Grant, Agency reserved certain rights with respect to the Real Property. • Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain Agency reserved rights under the Grant.

NOTICE
The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained for the Land Tenure Term described in the Grant Agreement. • For the Land Tenure Term described in the Grant Agreement, the Grantee shall not use or allow the use of any portion of the real property as security for any debt. • After the Land Tenure Term expires, if the real property ceases to be used for a public purpose, or the property is sold, the Grantee shall reimburse the State a percentage of the real property’s equity equivalent to the percentage of grant funds contributed toward the original purchase price. • The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.
• For additional terms and conditions of the Grant, reference should be made to the Grant Agreement, attached hereto and which is also on file with Agency.

GRANTEE
By: ______________________________________
Authorized Representative

25 Memorandum of Unrecorded Grant Agreement (MOUGA) Instructions

1. Complete the Memorandum by inserting the following information:
• Date
• Grantee’s name as its stated in the Grant Agreement
• Start date of the Grant Agreement (start date of the Project Performance Period) • Grant Agreement number
• Attach an executed copy of the Grant Agreement and all amendments as Exhibit A to the Memorandum
• Attach legal description of the properties including the property (APN’s) as Exhibit B to the Memorandum.

2. Notarize the Memorandum. The grantee’s authorized representative (the person holding the position identified in the submitted Resolution and on the Grant Agreement face sheet) signs the Memorandum form in the presence of a notary. The notary then completes the “Notary Acknowledgement” section.

3. Record the Memorandum form at the County Recorder’s Office of the county in which the property is located.

4. Ensure a recorded copy of the Memorandum sent to the Natural Resources Agency, Bonds and Grants Unit at the address listed at the at the top of the Memorandum form.

26 T. ELIGIBLE COSTS
The following are general principles to be considered in determining whether an expense is eligible under the General Fund Specified Grant Program

1. Expenses must be incurred within the project performance period outlined on the Grant Agreement cover page and/or subsequent amendments and must align with the cost estimate.

2. Direct project-related expenses, if supported by appropriate documentation.

3. Grantees should use good judgment in purchasing items and services to be paid with grant funds. Project expenses should be cost-effective and economical and tie to the approved project scope and budget.

4. Expenses paid with grant funds must serve a public purpose.

5. Food and Beverage Expenses:
a. Employee meals incurred as a travel expense necessary to carry out the grant project may be reimbursed at a rate at or below the State employee per diem reimbursement rate in effect at the time of travel. See https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx b. Food expenses for grants that are reasonable and necessary to complete the grant project may be eligible at the discretion of the State. The specific purpose for the expense must be discussed and approved by the State and included as a separate item in the grant budget.
c. Grant funding cannot be used to purchase alcoholic beverages.

6. Grantee’s Staff Labor - Costs for the services of grantee's employees directly engaged in project execution must be computed according to grantee's prevailing wage or salary scales and may include benefits such as vacation, sick leave, Social Security contributions, etc., that are customarily charged to grantee’s various projects, excluding overhead allocations.
a. Labor costs charged to the project must be computed on actual time spent on the project and evidenced by time and attendance records describing the work as well as payroll records. Overtime costs may be allowed under grantee’s established policy, provided the regular work time was devoted to the same project.
b. Salaries and wages claimed for employees working on State grant-funded projects must not exceed grantee's established rates for similar positions. c. Only salary plus benefits are eligible. No indirect rates or overhead costs may be folded into the hourly rate. No billable rates may be used.

7. Contracted Services – The costs of contracted services may be reimbursed if invoices are presented with payment requests that identify the specific project activities provided and include evidence of payment.

27 8. Overhead - Overhead expenses are the non-project specific expenses of doing business that are not directly related to the implementation of the project to be funded (for example, rent, computers, telephones, office supplies, internet access, copy machines, electricity). Certain types of overhead are not allowed including food and beverage, fundraising, lobbying and entertainment. Any expense that is billed as a direct expense may NOT be included in overhead. a. Overhead should be included as a line item in the approved project budget and is limited to a maximum of 15% of total direct expenses of a grant. b. Grantees that wish to charge overhead must be able to document the appropriateness of the charges. One typical method for documentation is to have a Cost Allocation Plan. Other methods may also be adequate, but it is the grantees responsibility to determine this based on Generally Accepted Accounting Principles. It is recommended that grantees develop an appropriate method for calculating their overhead rate and determine what overhead expenses may be allocated to the grant, subject to the Agency’s approval and the 15% limit. It is the responsibility of the grantee to maintain appropriate records for all overhead expenses and to be able to provide those records in the event of an audit.

9. Vehicles owned/leased by Grantee - Mileage incurred on Grantee-owned vehicle(s) can be charged at a per mile rate according to Grantee’s internal mileage policy or at the State rate in effect at the time of the trip, whichever is less. A Mileage Log with the date, destination, and grant purpose related to the scope, and signed by the operator and supervisor must be submitted along with a copy of the policy to support the mileage rate.

10. Equipment – Equipment owned by Grantee may be charged to the project for each use. Equipment use charges must be made in accordance with Grantee's normal accounting practices, the equipment rental rates published by the California Department of Transportation, or local prevailing rental rates, whichever is less. Link to California Department of Transportation rental rates: https://dot.ca.gov/programs/ construction/equipment-rental-rates-and-labor-surcharge.

If the Grantee's equipment is used, a report or source document must describe the work performed, indicate the hours used, relate the use to the project, and be signed by the operator and supervisor.

Equipment may be leased, rented, or purchased, whichever is most economical. If equipment is purchased, its residual market value must be credited to the project expenses upon completion of the project.

28 U. PAYMENT REQUEST INSTRUCTIONS

FOR DEVELOPMENT PROJECTS
Before Submitting
 Check the Grant Agreement to confirm that any funding requirements outlined in the special provisions section have been fulfilled (e.g., agreements, DGS review, etc.)
 Check that all costs are allowable and incurred within the project performance period. See Section T for guidance.

What to Include
 Payment Request Form filled out with original signature of authorized representative.
 Payment Tracking Form filled in with amounts for the request.  Project Expenditure Form, Grantee Labor Cost Form, and Equipment Cost Form (as applicable). Descriptions should clearly tie to the line items on the cost estimate, as well as the backup documentation.
 Proof of Expense Incurred for each item listed on the Project Expenditure Form, Grantee Labor Cost Form, and Equipment Cost Form.
a. Project Expenditures (i.e., contracted or consultant expenses, materials, mileage, etc.)
• Include copies of invoices or itemized receipts.
• If an invoice is to be partially reimbursed with grant funds, please clearly mark the portion allocated to the grant.
• For mileage incurred on grantee and employee owned vehicle(s), include a log documenting date, destinations, and grant scope purpose, signed by the employee and supervisor. Provide documentation of policy to support rate used.
• For equipment owned by the grantee, include the schedule showing the rate as well as a log showing the days and hours the equipment was used and describe the work performed for this project and by whom. The log should be signed by the equipment operator and supervisor. b. Grantee In-House Labor with documentation of time worked on the project and employee hourly rate.

Documentation of Time Worked on the Project
• Include timesheets detailing the days and number of hours each employee worked on the project.

Documentation of Employee Hourly Rate
• Only salary plus benefits are eligible. No indirect rates or overhead costs may be folded into the hourly rate. No billable rates may be used.

29 • Fill out the Employee Compensation Chart to demonstrate the rate being charged for each employee.
• To support rates in the Employee Compensation Chart, submit copies of pay stubs or payroll service printout that show employees' pay rates or salaries (please redact personal identifying information). • Documentation supporting employee benefits listed in the Employee Compensation Chart should be maintained in the event of audit but should not be submitted.
• Any time employees' hourly rates or salaries change, submit an updated Employee Compensation chart along with pay stubs or payroll service printout showing new pay rates.
 Proof of payment - Examples include:
a. Copy of both sides of a cancelled check (and breakdown if check is for multiple invoices)
b. Copy of bank statement with cleared checks and/or Electronic Fund Transfer’s (EFT) highlighted
c. Pre-paid card Statement showing credit remaining after particular project charge e.g., pre-paid photo copier card
d. Credit card Statement showing payment made accompanied with original credit card receipt listing specific charges. Must also include proof that the credit card was paid off.
e. For grantee personnel services one of the following:
• Chief Financial Officer’s signature on the certification on the Grantee Labor Cost Form
• Payroll stubs or payroll service printout for each pay period • Signed acknowledgement from employees regarding receipt of paychecks for a specific time period
 Advances – Upon request, advances are allowed to assist with cash flow. The amount of the advance is determined based on immediate need. Once an advance is reconciled, Grantee may seek another. Contact the project grants administrator to request an advance. Section V General Fund Specified Grant Advance Policy.

FOR ADVANCE TO ESCROW FOR ACQUISITION PROJECTS
To request money to be advanced to escrow, submit the following:
 Advance Payment Request Form for the amount of the grant budgeted to Fair Market Value of the property
 Letter requesting funds be deposited to escrow on Grantee’s letterhead containing the following:
a. Name and address of Grantee
b. Number of Grant Agreement

30 c. Dollar amount of disbursement requested
d. Name, address, and telephone number of the title company or escrow holder, and the escrow account number to which the grant funds will be disbursed e. A statement by the Grantee that all funds needed for completion of acquisition of the real property (or conservation easement) have been secured and have been or will be deposited into escrow at or about the same date as the requested grant funds
f. Anticipated close of escrow date
 Payee Data Record for the escrow company

FOR FINAL PAYMENTS
Final retention will not be released until all closeout documents (in addition to regular payment request documents if applicable) have been received. This includes:
 Final Payment Request
a. Summary of Expenditures from all Project Funding Sources b. Certification of Completion Form
c. Notice of Completion (if applicable)
For acquisitions, also required are:
a. Buyer’s Closing Statement
b. Recorded Grant Deed with required Deed Restrictions
c. Policy of Title Insurance
Helpful Hints
 Organize documentation in an easy-to-follow format (i.e., chronologically) with related information together and relevant information marked. Include any necessary explanations or notes to clarify certain documentation.  Bill for the full amount and Agency will take out the retention of 10% for reimbursements. Retention will be released at closeout.  Ensure numbers match (e.g., check numbers, amounts on forms and back up documentation, etc.) and that they are accurately calculated. Everything must add up to the penny.

Contact your Grant Administrator for further clarification or questions.

31 V. GENERAL FUND SPECIFIED GRANT ADVANCE POLICY
All California Natural Resources Agency (Agency) grants are reimbursement programs.

This means grantees pay project expenses and then seek reimbursement from grant funds. General fund specified grants are one exception in which advance funds may be available subject to the following conditions:

1. All advance requests must be submitted in writing using the Advance Payment Request Form and signed by the grantee’s Authorized Representative.

2. Overhead costs may be advanced up to the percentage of the grant described in the program guidelines and included as a separate approved line item in the project budget.

3. If advanced funds are used to pay grantees’ in-house labor costs, timesheets submitted during reconciliation must show all staff time and be tracked to different projects or activities.

The amount of advanced funds requested should be determined after working with the Grant Administrator to identify grantees’ immediate cash needs and the timeline for expenditure of requested advanced funds. Generally, advanced funds should be expended within three to six months.

The recommended request amount is increments of no more than 25 percent of the grant at a time. Generally, all advanced funds should be reconciled before another advance is requested. If immediate need is demonstrated, up to 90 percent of the grant award may be advanced.

4. Advances are not subject to retention. The last 10 percent of a grant cannot be advanced.

5. Any special provisions in the grant agreement relating to conditions necessary for release of funding must be met prior to requesting an advance.

6. Advanced funds must be deposited and held in a separate, FDIC-insured, interestbearing account until spent. Public grantees can choose to deposit the funds in their treasuries. Any interest earned on the advanced funds should be applied to the project for which funds were advanced.

Grantees must submit account statements to the Grant Administrator showing all transactions relating to the advanced funds and any interest earned for every month advanced funds are held in the account. Statements should be submitted with reconciliation documentation as described in paragraph 9.

7. If advanced funds are passed through grantee to a separate entity that is implementing the project (e.g., when funds are granted to a city for the benefit of a non-profit organization), grantee must ensure the immediate need of advanced funds and that advanced funds are deposited and held as outlined in the preceding paragraph.

32 8. Grantees must submit reconciliation documentation no more than monthly and no less than quarterly. Reconciliation documentation will be reviewed and approved in the same manner as a reimbursement payment request. Reconciliation documentation should include the following, as applicable:
• Advance Reconciliation Form
• Project Expenditures Form
• Grantee Labor Costs Form
• Employee Compensation Form
• Equipment Cost Form
• Planning Grant Certification Form
• Proof of expenses incurred
• Proof of payment
• All monthly account statements
since date of last reconciliation

9. Failure to provide reconciliation documentation and account statements at least quarterly will disqualify grantees from receiving additional advanced payments.

10. Grantees must repay any unused or inadequately-documented advanced funds to Agency within sixty days of project completion or the end of the project performance period, whichever is earlier. Grantees will not be eligible for any other Agency grants until funds have been repaid.

11. At project closeout, grantees must account for and provide proof that all interest earned on advanced funds was applied to the grant project.

12. Agency reserves the right, at its sole discretion, to approve or deny an advance payment request. Final approval will be based on, but is not limited to, consideration of the following:
• Grantees’ explanation of immediate need for an advanced payment • Grantees’ performance on prior Agency or other State grants, with particular consideration of past performance issues
• Grantees’ record of providing timely and adequate payment backup documentation on previous Agency grants.

Certification
As the Authorized Representative of the recipient of a General Fund Specified Grant, I certify under penalty of perjury the grantee has received, understands, and will comply with this advance request policy.

Signature of Authorized Representative Name of Grantee Grant Number Name of Authorized Representative Title of Authorized Representative Date Signed

33 W. SAMPLE DEVELOPMENT GRANT AGREEMENT

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
GRANTEE NAME:

PROJECT TITLE:

AGREEMENT NUMBER:

AUTHORITY: Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023) PROGRAM: General Fund Specified Grant Projects

PROJECT DESCRIPTION
A detailed project scope and activities, project schedule and project budget are described and attached hereto as Exhibit A.

Grant funds are to be used to support capital asset projects in accordance with the provisions contained in the Procedural Guide for General Fund Specified Grant Projects and this Agreement.

TERMS AND CONDITIONS OF GRANT
Special Provisions

1. As conditions precedent to the State’s obligation to make any funding available pursuant to this Agreement, Grantee shall first provide evidence of adequate land tenure and evidence the project will be operated and maintained for a minimum of ___ years satisfactory to the State for all land to be improved under this Agreement.

2. Projects must follow the Secretary of the Interior’s Standards for the Treatment of Historic Properties, where applicable, to ensure the historical integrity of the project. In addition, any local, state, and federal ordinances and laws (such as the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act) must be followed to ensure the historical integrity of the project. Grant funds may NOT be used for demolition or non-historic treatment of historic structures or resources that are determined eligible for listing on the National Register of Historic Places or the California Register of Historical Resources.

3. If the Grantee is a nonprofit organization and ceases to exist, and, as a result, the Project will not be maintained, operated and used in fulfillment of the purpose funded by this Grant for the minimum number of years required by Section H of this Agreement, the State shall be entitled to repayment of the amount of the Grant plus accrued interest from the nonprofit organization’s remaining assets.

4. If Grantee is a federally recognized Native American Tribe Section F below will be replaced with the following:

F. Grantee’s Limited Waiver of Sovereign Immunity and Hold Harmless

34 1. The Parties acknowledge that Grantee is a federally recognized Indian tribe and, as such, possesses sovereign immunity from suit. Nothing in this Grant Agreement is or shall be deemed to be a waiver of Grantee’s sovereign immunity from suit, which immunity is expressly asserted, except for the limited waiver set forth in this section.

2. Limited waiver of sovereign immunity and hold harmless. Notwithstanding any other provision in this Agreement (including, without limitation, any provision of any Exhibit incorporated in this Agreement by reference) to the contrary, nothing in this Agreement shall be deemed to be a general waiver of Grantee’s sovereign immunity from suit, which immunity is expressly asserted. Provided, however, that Grantee hereby expressly, unequivocally, and irrevocably provides a limited waiver of sovereign immunity from suit to allow the Natural Resources Agency to exercise all of its rights under the terms of this Agreement, and Grantee consents to suit in any court of the State of California for any claim to interpret or to enforce this Agreement. This shall include the right to contribution for loss of damage to persons or property arising from, growing out of, or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of the State, its officers, agents, and employees.

3. Grantee shall indemnify and hold harmless the State, its officers, agents, and employees in perpetuity against any and all claims, demands, damages, costs, expenses, or liability costs arising out of the Project, which claims, demands, or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of the State, its officers, agents, or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. Under this indemnification provision, Grantee shall not be responsible for defending the State in court but shall reimburse for actual invoiced costs associated with the defense.

Grantee and the State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

General Provisions
A. Definitions

1. The term “Act” means the Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023).

2. The term “Acquisition” means obtaining a fee interest or any other interest, including easements, leases, and development rights.

3. The term “Agreement” means this Grant Agreement

4. The term “Application” means the Project Information Package and any applicable materials supplied by grantee to the State pursuant to the Application Guidelines.

5. The term “Application Guidelines” means the Procedural Guide for General Fund Specified Grants, FY 2023-2024, Development & Acquisition.

35 6. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.

7. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS).

8. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.

9. The term “Grant Agreement” means a contractual arrangement between the State and Grantee specifying the payment of funds by the State for the performance of specific project objectives within a specific project performance period by the Grantee.

10. The term "Grantee" means an entity who has a signed agreement for Grant Funds.

11. The term “Interpretation” means visitor-serving amenities that communicate the significance and value of natural, historical, and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities.

12. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the project beyond the Grant Funds provided by this Agreement.

13. The term “Payment Request Form” means Form RA212.

14. The term "Project" means the acquisition or development activity described in the Application as modified by Exhibit A to be accomplished with Grant Funds.

15. The term “Project Budget” means the State approved cost estimate included as Exhibit A-1 to this Agreement.

16. The term “Project Property” means the property being developed or acquired with Grant Funds.

17. The term “Project Scope” means the description or activity for work to be accomplished by the Project.

18. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law.

19. The term "State" means the Secretary for California Natural Resources or his/her representatives, or other political subdivision of the State.

B. Project Execution

1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement.

2. Grantee shall furnish any and all additional funds that may be necessary to complete the project.

3. Grantee shall complete the project in accordance with the Project Performance Period set forth on the signature page unless an extension has been formally granted by the State and

36 under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by the State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2027.

4. Grantee shall at all times ensure that project complies with all environmental laws, including but not limited to obtaining all necessary permits.

Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the General Fund Specified Grant Project and is consistent with the intent cited in the original Application.

5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.

6. Grantee certifies that the project does and will continue to comply with all current laws and regulations which apply to the project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that prior to commencement of construction all applicable permits and licenses (e.g., state contractor’s license) will have been obtained.

7. Grantee shall provide access by the State upon 24-hours’ notice to determine if project work is in accordance with the approved project scope, including a final inspection upon project completion.

8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original project scope per Exhibit A and the Application. Changes in project scope must continue to meet the need cited in the original Application or they will not be approved. Any modification or alteration in the project as set forth in the Application on file with the State must be submitted to the State for approval.

Any modification or alteration in the project must also comply with all current laws and regulations, including, but not limited to, CEQA.

9. Grantee shall provide for public access and/or educational features where feasible.

10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest in project lands and demonstrate to the satisfaction of the State the proposed project will provide public benefits that are commensurate with the type and duration of the interest in land.

11. If a nonprofit organization, Grantee certifies the corporation is qualified under Section 501(c)(3) of the Internal Revenue Service Code, has an active status with the Secretary of State, and is current with the Attorney General’s Registry of Charitable Trusts. Failure by the Grantee to remain in compliance with these nonprofit requirements may be cause for suspension of all obligations of the State hereunder and termination of this Agreement.

12. Grantee shall promptly provide photographs of the site during and after implementation of the project at the request of the State.

C. Project Costs

1. Unless otherwise agreed upon, Grant Funds provided to Grantee under this Agreement for Development will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:

37 a. Approved direct management costs or construction and development costs. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the project.
b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State. c. Advance payments may be made at the discretion of the State. d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described.
e. Overhead costs are generally limited to a maximum of 15% of total direct costs.

2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form.

This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line-item description as described in the project budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks, or other forms of documentation demonstrating payment has been made. b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate, or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.

3. Grant funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.

4. The State reserves the right to request reimbursement of any funds spent on the project, even funds deemed eligible costs, if the project is not completed in accordance with the Grant Agreement and the guidelines.

5. Except as otherwise provided herein, the Grantee shall expend grant funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the project budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the grant funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines.

38 D. Project Administration

1. Grantee shall promptly provide project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final project expenditures with the final payment request and required closing documents.

2. Grantee shall make property and facilities developed pursuant to this Agreement available for inspection upon request by the State.

3. If Grant Funds are advanced, the Grantee shall place these Funds in a separate interestbearing account, setting up and identifying such account prior to the advance. Interest earned on Grant Funds shall be used on the Project, as approved by the State. Any overpayment of Grant Funds in excess of final project costs shall be returned to the State within sixty (60) days of completion of the Project or the end of the Project performance period as shown on the signature page, whichever is earlier.

4. Grantee shall submit all documentation for project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of project completion, but in no event any later than March 1, 2027.

5. Final payment is contingent upon State verification that the Project is consistent with the Project scope as described in Exhibit A, together with any State-approved amendments.

6. This Agreement may be amended by mutual agreement in writing between the Grantee and the State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner, preferably no less than sixty (60) days before the effective date of the proposed amendment.

7. Grantee must report to the State all sources of other funds for the project.

E. Project Termination

1. Prior to the completion of project construction, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by the Grantee which affects performance of this, or any other grant agreement or contract entered into with the State.

2. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.

3. If the Grantee fails to complete the project in accordance with this Agreement or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best

39 interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.

4. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder.

5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.

6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the for the purposes as stated in the Application for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.

F. Hold Harmless

1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents, and employees.

2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the project, including development, construction, operation or maintenance of the property described in the project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.

3. Grantee and State agree that in the event of judgment entered against the State and the Grantee because of the gross negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

G. Financial Records

1. Grantee shall maintain satisfactory financial accounts, documents, and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, and records for three (3) years after final payment and one (1) year following an audit.

2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee

40 shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.

3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.

H. Use of Facilities

1. If Grantee owns the Project Property, Grantee shall not sell or transfer the Project Property (including any portion of it or any interest in it) during the Land Tenure Term defined in paragraph H.2. below without the written approval of the State of California, acting through the Natural Resources Agency, or its successor. Such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. If Grantee does not own the Project Property, Grantee shall notify the State within 30 days of any sale or transfer of the property, at which time the State may seek any and all remedies available under Section E of this Agreement.

2. Grantee shall maintain, operate, and use (or shall ensure via written agreement with the landowner that the project is maintained, operated, and used) in fulfillment of the purpose funded pursuant to this Grant for a minimum of NUMBER OF (XX) years, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines (the “Land Tenure Term”). Grantee, Grantee’s successor in interest, or the Assignee of this Agreement, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild.

3. Grantee agrees to use the Project Property (or shall ensure via written agreement with the landowner that the property will be used) solely for the purposes for which the Grant was made and no other use or sale or other disposition of the property shall be made during the Land Tenure Term. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement.

4. Reimbursement of Grant with interest: At the State’s sole discretion, if the Grantee owns the Project Property and the use of the property is changed to a use that is not permitted by the Agreement or if the property is sold or otherwise disposed of by Grantee, the State may seek an amount equal to: (1) the amount of the Grant plus accrued interest at the prime interest rate at the time of disposition, and (2) the amount of any increase in property value attributed to grant-funded improvements to the Project Property. If the Grantee does not own the Project Property, and the use of the Project Property is changed to a use that is not permitted by this Agreement or is sold or otherwise disposed of within the Land Tenure Term, at the State’s sole discretion, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest at the prime interest rate at the time of disposition.

5. Grantee shall not use or allow the use of any portion of the Project Property as security for any debt during the Land Tenure Term. If the grantee does not own the Project Property, written approval of the State must be obtained for use of the Project Property (including any portion of it or any interest in it) to be used as security for any debt, provided such approval by the State shall not be unreasonable withheld as long as the purposes for which the Grant was awarded are maintained and does not make the State a guarantor or a

41 surety for any debt, nor waive the State’s rights to enforce performance under this Agreement.

6. Grantee shall not use or allow the use of any portion of the Project Property for mitigation without the written approval of the State. If the grantee does not own the Project Property, the grantee shall ensure via written agreement with the landowner that the landowner shall not use or allow the use of any portion of the Project Property for mitigation without the written approval of the State.

I. Nondiscrimination

1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.

2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. The completed project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.

J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

K. Severability
If any provision of this Agreement or the Application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party.

42 M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.

N. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:

1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the California Natural Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary’s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency.

2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee’s letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary’s written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final.

O. Audit Requirements
Grant projects are subject to audit by the State annually and for three (3) years following the final payment of grant funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the project for which the grant funds were granted.

43 X. SAMPLE ACQUISITION GRANT AGREEMENT

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
GRANTEE NAME:

PROJECT TITLE:

AGREEMENT NUMBER:

AUTHORITY: Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023) PROGRAM: General Fund Specified Grant Projects

PROJECT DESCRIPTION
A detailed project scope and activities, project schedule and project budget are described and attached hereto as Exhibit A.

Grant funds are to be used to acquire property in accordance with the provisions contained in the Procedural Guide for General Fund Specified Grant Projects and this Agreement.

TERMS AND CONDITIONS OF GRANT
Special Provisions

1. All grants are subject to recording Deed Restrictions, incorporating by reference this Grant Agreement and giving public notice that the Grantee received funds under this Agreement in order to assist Grantee in acquiring the real property and that, in consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement.

2. As a condition precedent to the State’s obligation to deposit funds into escrow or to provide reimbursement related to the Acquisition, the Grantee shall have obtained approval of the language contained in the grant deed by the Natural Resources Agency. Said deed shall include the State’s required protections, restrictions of use and subsequent transfer requirements.

3. The State Department of General Services (DGS) may review and approve in writing all documents pertaining to the Grantee’s Acquisition of real property, including any preliminary title reports, agreements for purchase and sale, escrow instructions and the instruments of conveyance prior to the release of any Grant Funds. Such review and approval by the State shall be timely and shall not be unreasonably withheld.

4. DGS shall review and approve in writing the appraisal of the real property.

5. The Grantee agrees to pay DGS directly the amount invoiced by DGS for services rendered for its review of the appraisal, transaction review, or other related activities as described above.

Should the Grantee fail to pay DGS, the State is authorized to pay DGS by directly transferring from the Grant Funds the amount invoiced by DGS. The State will notify the Grantee at the time of the transfer and provide a copy of the appraisal review letter and invoice upon receipt.

6. The Grantee agrees that all parcels to be acquired by this project will have concurrent escrows.

44 7. If the Grantee is a nonprofit organization and ceases to exist, all of its rights, title and interest in the real property shall vest in the State of California. The State may, at its discretion, identify an appropriate public or private entity to accept the right, title, and interest in the real property in lieu of the State.

8. If planned subsequent transfer of property: The State is aware of and approves a subsequent conveyance of the property to the Long-Term Landowner Name. Such approval is contingent, however, upon the Long-Term Landowner Name’s written commitment to:
a. Accept title to the property, and
b. Provide for the long-term operations and maintenance of the property for the uses intended by this grant program as specified in the grant agreement.

9. If Grantee is a federally recognized Native American Tribe Section F below will be replaced with the following:

F. Grantee’s Limited Waiver of Sovereign Immunity and Hold Harmless

1. The Parties acknowledge that Grantee is a federally recognized Indian tribe and, as such, possesses sovereign immunity from suit. Nothing in this Grant Agreement is or shall be deemed to be a waiver of Grantee’s sovereign immunity from suit, which immunity is expressly asserted, except for the limited waiver set forth in this section.

2. Limited waiver of sovereign immunity and hold harmless. Notwithstanding any other provision in this Agreement (including, without limitation, any provision of any Exhibit incorporated in this Agreement by reference) to the contrary, nothing in this Agreement shall be deemed to be a general waiver of Grantee’s sovereign immunity from suit, which immunity is expressly asserted. Provided, however, that Grantee hereby expressly, unequivocally, and irrevocably provides a limited waiver of sovereign immunity from suit to allow the Natural Resources Agency to exercise all of its rights under the terms of this Agreement, and Grantee consents to suit in any court of the State of California for any claim to interpret or to enforce this Agreement. This shall include the right to contribution for loss of damage to persons or property arising from, growing out of, or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of the State, its officers, agents, and employees.

3. Grantee shall indemnify and hold harmless the State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of the State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. Under this indemnification provision, Grantee shall not be responsible for defending the State in court but shall reimburse for actual invoiced costs associated with the defense.

Grantee and the State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

45 General Provisions
A. Definitions

1. The term "Act" means Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023).

2. The term “Acquisition” means obtaining a fee interest or any other interest, including easements, leases, and development rights from a willing seller.

3. The term “Agreement” means this Grant Agreement.

4. The term “Application” means the Project Information Package and any applicable materials supplied by grantee to the State pursuant to the Application Guidelines.

5. The term “Application Guidelines” means the Procedural Guide for General Fund Specified Grants, FY 2023-2024, Development & Acquisition.

6. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.

7. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS).

8. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.

9. The term “Grant Agreement” means a contractual arrangement between the State and Grantee specifying the payment of funds by the State for the performance of specific project objectives within a specific project performance period by the Grantee.

10. The term "Grantee" means an entity who has a signed agreement for grant funds.

11. The term “Interpretation” means visitor-serving amenities that communicate the significance and value of natural, historical, and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities.

12. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the project beyond the grant funds provided by this Agreement.

13. The term “Payment Request Form” means Form RA212.

14. The term "Project" means the Acquisition activity described in the Application as modified by Exhibit A to be accomplished with grant funds.

15. The term “Project Budget” means the State approved cost estimate included as Exhibit A to this Agreement.

16. The term “Project Scope” means the description or activity for work to be accomplished by the project.

17. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law.

18. The term "State" means the Secretary for California Natural Resources or his/her representatives, or other political subdivision of the State.

46 B. Project Execution

1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement.

2. Grantee shall furnish any and all additional funds that may be necessary to complete the project.

3. Grantee shall complete the project in accordance with the Project Performance Period set forth on the signature page unless an extension has been formally granted by the State and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by the State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2027.

4. Grantee shall at all times ensure that project complies with all environmental laws, including but not limited to obtaining all necessary permits.

Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the General Fund Specified Grant Project and is consistent with the intent cited in the original Application.

5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.

6. Grantee certifies that the project does and will continue to comply with all current laws and regulations which apply to the project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that prior to commencement of construction all applicable permits and licenses (e.g., state contractor’s license) will have been obtained.

7. Grantee shall provide access by the State upon 24-hours’ notice to determine if project work is in accordance with the approved project scope, including a final inspection upon project completion.

8. Grantee agrees to comply with all applicable state and local laws or ordinances that apply to relocation and real property acquisition by Public Agencies.

9. Lands acquired with Grant Funds from this Agreement shall be acquired from a willing seller of the land at a price not to exceed Fair Market Value. Any acquisition of Project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings.

10. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original project scope per Exhibit A and the Application. Changes in project scope must continue to meet the need cited in the original Application or they will not be approved. Any modification or alteration in the project as set forth in the Application on file with the State must be submitted to the State for approval.

Any modification or alteration in the project must also comply with all current laws and regulations, including, but not limited to, CEQA.

11. Grantee shall provide for public access and/or educational features where feasible.

47 12. If a nonprofit organization, Grantee certifies the corporation is qualified under Section 501(c)(3) of the Internal Revenue Service Code, has an active status with the Secretary of State, and is current with the Attorney General’s Registry of Charitable Trusts. Failure by the Grantee to remain in compliance with these nonprofit requirements may be cause for suspension of all obligations of the State hereunder and termination of this Agreement.

C. Project Costs

1. Any Grant Funds provided to Grantee under this Agreement for Acquisition of real property will be disbursed for eligible costs as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:
a. The State approved purchase price, together with the State approved costs of Acquisition, within sixty (60) days of close of escrow. All disbursements are subject to an up to ten percent (10%) withhold pending Project completion, the final close-out site visit by the State, completion of the conditions described in Sections C3, D.6 and D.7 below, and all Special Conditions set forth in this Agreement. b. Costs of obtaining approval of the purchase price and transaction review from the DGS. The amount disbursed by the State in any event shall not exceed the amount set forth on the signature page of this Agreement. The remainder of the Grant Funds, if any, shall be available on a reimbursable basis.

2. Requests for advance payment of Grant Funds into escrow must be submitted via a completed Payment Request Form and be accompanied by a letter requesting funds be deposited to escrow on the Grantee’s letterhead, containing all of the following:
a. Name and address of Grantee.
b. Number of Agreement.
c. Dollar amount of disbursement requested.
d. Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the Grant Funds will be disbursed. e. A statement by Grantee that all funds (exclusive of the Grant Funds to be provided under this Agreement) needed for completion of Acquisition of the real property have been secured and have been or will be deposited to escrow at or about the same date as the requested Grant Funds. In making this statement, Grantee shall be entitled to reasonably rely on the representations of the transferor of the real property. f. Anticipated close of escrow date.

The letter shall be accompanied by a Payee Data Record (Form 204) completed for and by the escrow company.

3. Requests for payment of Grant Funds on a reimbursable basis for Acquisitions shall include all of the following:
a. Complete Payment Request Form.
b. Buyer’s closing statement.

48 c. Copies of grant deeds with restrictions or recorded Memoranda of Unrecorded Grant Agreement.
d. Policy of title insurance.
e. Project Certification Form (if the Project is complete and payment in full is requested). f. Summary report of final total Project expenditures.

4. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form.

This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line-item description as described in the project budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made. b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate, or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.

5. Grant funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.

6. The State reserves the right to request reimbursement of any funds spent on the project, even funds deemed eligible costs, if the project is not completed in accordance with the Grant Agreement and the guidelines.

7. Except as otherwise provided herein, the Grantee shall expend grant funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the project budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the grant funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines.

D. Project Administration

1. Grantee shall promptly provide project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final project expenditures with the final payment request and required closing documents.

2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State.

3. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described.

49 4. Grantee shall use any income earned by the Grantee from use of the project to further project purposes, or, if approved by the State, for related purposes within the jurisdiction.

5. If Grant Funds are advanced, the Grantee shall place these Funds in a separate interestbearing account, setting up and identifying such account prior to the advance. Interest earned on Grant Funds shall be used on the Project, as approved by the State. Any overpayment of Grant Funds in excess of final project costs shall be returned to the State within sixty (60) days of completion of the Project or the end of the Project performance period as shown on the signature page, whichever is earlier.

6. Grantee shall submit all documentation for project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of project completion, but in no event any later than March 1, 2027.

7. Final payment is contingent upon State verification that the Project is consistent with the Project scope as described in Exhibit A, together with any State-approved amendments.

8. This Agreement may be amended by mutual agreement in writing between the Grantee and the State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner, preferably no less than sixty (60) days before the effective date of the proposed amendment.

9. Grantee must report to the State all sources of other funds for the project.

E. Project Termination

1. Prior to the last to occur of (1) State’s deposit of the Grant Funds into escrow and (2) Grantee’s close of escrow for Acquisition of the easement and/or real property, either party may terminate this Agreement by providing the other party with a minimum of thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by the Grantee which affects performance of this, or any other grant agreement or contract entered into with the State.

2. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.

3. If the Grantee fails to complete the project in accordance with this Agreement or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.

4. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder.

50 5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.

6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the for the purposes as stated in the Application for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.

F. Hold Harmless

1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of. or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents, and employees.

2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the project, including acquisition, development, construction, operation or maintenance of the property described in the project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.

3. Grantee and State agree that in the event of judgment entered against the State and the Grantee because of the gross negligence of the State and Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

G. Financial Records

1. Grantee shall maintain satisfactory financial accounts, documents, and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, and records for three (3) years after final payment and one (1) year following an audit.

2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.

3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.

51 H. Use of Facilities

1. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained.

2. Grantee shall maintain, operate, and use the project in fulfillment of the purpose funded pursuant to this grant consistent with the Land Tenure Term requirements included in the Application Guidelines and this Agreement (the Land Tenure Term”). The Grantee, or the Grantee’s successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the project improvements and render the project obsolete or impracticable to rebuild.

3. Grantee shall use the property for the purposes for which the grant was made and shall make no other use or sale or other disposition of the property for the Land Tenure Term. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor public agency assumes the obligations imposed by this Agreement.

4. If the Land Tenure Term is perpetuity and the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State’s sole discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State.

5. If the Land Tenure Term is less than perpetuity and the use of the property is changed to a use that is not permitted by the Agreement or if the property is sold or otherwise disposed of prior to the end of the Land Tenure Term, an amount equal to the greater of (1) the amount of the grant or 2) the percentage of the property’s equity at the time of sale or change of use equivalent to the percentage of grant funds contributed toward the original purchase price may be reimbursed to the State.

6. If the Land Tenure Term is less than perpetuity and the use of the property is changed to a nonpublic use or the property is sold or otherwise disposed of after the Land Tenure Term expires, he Grantee or the Grantee’s successor in interest shall reimburse the State a percentage of the property’s equity equivalent to the percentage of grant funds contributed toward the original acquisition.

7. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.

8. The Grantee shall not use or allow the use of any portion of the real property as security for any debt for the Land Tenure Term.

52 9. The Grantee hereby waives any applicable statute of limitations relating to enforcement of Section H herein after the end of the Land Tenure Term.

I. Nondiscrimination

1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.

2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. The completed project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.

J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

K. Severability
If any provision of this Agreement or the Application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party.

M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.

53 N. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:

1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the California Natural Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary’s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency.

2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee’s letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary’s written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final.

O. Audit Requirements
Grant projects are subject to audit by the State annually and for three (3) years following the final payment of grant funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the project for which the grant funds were granted.

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 20, 2024 ITEM NUMBER: 11H
To: Mayor Jordan Nefulda & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Resolution No. 2024-05 - Community Development Block Grant (CDBG) Project Application FY 2024/25

SUMMARY
Revision to Community Development Block Grant (CDBG) Application Resolution for Fiscal Year 2024/2025.

RECOMMENDATION
Adopt Resolution No. 2024-05, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA APPROVING THE CITY’S PARTICIPATION IN THE FISCAL YEAR 2024/2025 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE.”

BACKGROUND
The Orange County Housing and Community Development & Homeless Prevention department administers and disperses Federal Community Development Block Grant (CDBG) monies for smaller cities such as Los Alamitos. The Program provides federal funds to cities with populations under 50,000 for programs that are targeted toward community development.

The funds are commonly used for neighborhoods that have a substantial number of low, very low, and extremely low-income residents, and can be used for Senior or ADA (Americans with Disabilities Act) projects as well.

At the October 16, 2023, City Council meeting, Staff recommended that the City Council approve three street sections of asphalt for repair, which were approved. Since that time, Staff has reconsidered its recommendation and identified alternative streets that will be more appropriate for repair at the current time. Staff requests the City Council to approve the new scope with alternate streets that are located within the approved CDBG boundaries.

DISCUSSION
In Orange County, CDBG funds are pursued through competitive grant applications submitted to the County. The request for approval of this year’s resolution will require a City match on the resolution of 20% to fulfill the requirement on the grant application for fund requests that are over $150,000.00.

The Planning Commission suggested the following for next year’s project:

Street Repair
Maple Street from Green Avenue to Farquhar Avenue; Howard Avenue from Los Alamitos Boulevard to Reagan Street; Howard Avenue from Bloomfield Street to Noel Street.

Approximate Cost
Street Repair - $350,000 with a 20% City match

FISCAL IMPACT
Should the County approve our application, future expenditures of 20% matching funds (cost depending on the projects selected above) will be reflected in next year's annual Capital Improvement Plan budget. The matching funds are anticipated to be drawn from the City’s General Fund, which was historically drawn from Gas Tax or the City’s General Fund.

Attachment: 1. Resolution No. 2024-05 - CDBG Projects FY 2024/25

RESOLUTION NO. 2024-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, APPROVING THE CITY’S
PARTICIPATION IN THE FISCAL YEAR 2024/2025 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE

COUNTY OF ORANGE
WHEREAS, it is the intent of the City of Los Alamitos to participate in the timely filing of an application with the County of Orange for a grant authorized under the Housing and Community Development Act of 1974; and,
WHEREAS, the Housing and Community Development Act of 1974, as amended, authorizes cities under 50,000 in population to enter into cooperation agreements with the County in which they are located to undertake essential community development activities; and,
WHEREAS, the City of Los Alamitos will submit an application under FY 2024-25 for PUBLIC FACILITIES & IMPROVEMENTS REQUEST FOR PROPOSAL BID NO.

TBD; and,
WHEREAS, the City of Los Alamitos desires to accept the award of CDBG funds and authorizes the execution of the necessary agreements, contracts and amendments and other corresponding documentation to accept the CDBG funds.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.

SECTION 2. The City Council of the City of Los Alamitos hereby accepts the award of CDBG funds through the County’s Urban Counties Program, which will be used to support the City of Los Alamitos’ Public Facilities & Improvements Apartment Row Street Repair Project (Cont’d) under Bid No. TBD.

SECTION 3. The City Council of the City of Los Alamitos does hereby approve and adopt the selection of the following project funding request and directs that an application reflecting this project, be submitted to the County of Orange:

Project Approximate Cost
Street Repair:

Maple Street from Green Avenue to Farquhar
Avenue ; Howard Avenue from Los Alamitos
Boulevard to Reagan Street; Howard Avenue
from Bloomfield Street to Noel Street.

Street Repair - $350,000
To include a 20% City match

CC RESO 2024-05

SECTION 4. The City Council of the City of Los Alamitos authorizes the City Manager or his/her designee to execute, for and on behalf of the City of Los Alamitos, the necessary agreements(s) and/or any other documents or instruments required by the County and/or the United States Department of Housing and Urban Development for participation in the Urban Counties Program and/or for acceptance of the CDBG funds under Bid No. TBD.

SECTION 5. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 20th day of February, 2024. ___________________________
Jordan B. Nefulda, Mayor
ATTEST:
_______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 20th day of February 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

_________________________________
Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 20, 2024 ITEM NUMBER: 11I
To: Mayor Jordan Nefulda & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Resolution No. 2024-06 - Acceptance of Street Dedication (3131 Katella Avenue)

SUMMARY
Approval to accept and record 4,011 square feet (S.F.) parcel dedication to be transferred to the City of Los Alamitos. The sidewalk is located within the overall project area of the upcoming Orange County Transportation Authority (OCTA) interchange improvement project located at Interstate 605 (I-605) and Katella Avenue.

RECOMMENDATION

1. Adopt Resolution No. 2024-06, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ACCEPTING A PORTION OF PARCEL No. 202111-1 COMPRISING OF 4,011 S.F. OF RIGHT OF WAY FOR STREET PURPOSES TO

BE TRANSFERRED TO THE CITY OF LOS ALAMITOS NEEDED FOR WIDENING KATELLA

AVENUE AND CONSTRUCTING A NEW SIDEWALK, FROM FINE US LONG BEACH LLC, A DELAWARE LIMITED LIABILITY COMPANY, PROPERTY LOCATED AT 3131 KATELLA AVENUE"; and,

2. Direct the City Clerk to record the street dedication by submitting maps to the County of Orange Recorder’s Office.

BACKGROUND
The Department of Transportation (Caltrans), in cooperation with OCTA, is proposing improvements to the existing interchange at Interstate 605 (I-605) and Katella Avenue between Coyote Creek Channel (PM R1.1) and Epson Way (PM R1.6), in the city of Los Alamitos, Orange County, California. The parcel of land that is being dedicated to the City is needed for the proposed improvements to Westbound Katella Avenue from Epson Way. Proposed improvements include widening existing lanes and shoulders to standard widths, reconfiguring the ramp termini of the Northbound I-605 entrance and loop exit ramps, transitioning the No.4 lane to a dedicated right-turn lane at the Northbound ramp intersection, and providing standard bike lanes.

DISCUSSION
Recording of the maps to dedicate a 4,011 square feet (S.F.) parcel along Katella Avenue (blue area in the map shown below) for street improvement purposes is a requirement for the facilitation of the interchange improvements proposed by OCTA in cooperation with Caltrans

and the City of Los Alamitos. The project will improve traffic circulation and pedestrian and bicycle safety. Caltrans has prepared the dedication maps for the proposed site and has submitted them to the City for approval and recording. Per the Los Alamitos Municipal Code, this item was presented before the Planning Commission at their January 24, 2024 meeting.

The Planning Commission recommends to the Council acceptance of the parcel of land dedication. The City Engineer and City Surveyor have reviewed the submitted street/parcel dedication maps and all associated documentation for the subject property.

The following is a projected timeline for the OCTA Interchange Improvement project.

Additional information on the project will be presented at a future City Council meeting.

Start Construction: November 2024
Construction Complete: May 2026

FISCAL IMPACT
None.

Attachment: 1. Resolution No. 2024-06 - Street Dedication (3131 Katella Ave.)

2. 202111 Grant Deed to City of Los Alamitos

RESOLUTION NO. 2024-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, ACCEPTING A PORTION OF PARCEL No. 202111-1 COMPRISING OF 4,011 S.F. OF RIGHT OF WAY FOR STREET

PURPOSES TO BE TRANSFERRED TO THE CITY OF LOS ALAMITOS

NEEDED FOR WIDENING KATELLA AVENUE AND CONSTRUCTING A

NEW SIDEWALK, FROM FINE US LONG BEACH LLC, A DELAWARE
LIMITED LIABILITY COMPANY, PROPERTY LOCATED AT 3131

KATELLA AVENUE
WHEREAS, the City of Los Alamitos (City) is working with the Department of Transportation (Caltrans) in cooperation with the Orange County Transportation Authority (OCTA) who is proposing improvements to the existing interchange at Interstate 605 (I605) and Katella Avenue between Coyote Creek Channel (PM R1.1) and Civic Center Drive (PM R1.6), in the city of Los Alamitos, Orange County, California WHEREAS, all necessary documentation associated with this site has been reviewed by the City Engineer; and,
WHEREAS, Fine US Long Beach LLC, a Delaware limited liability company’s property is identified as Caltrans Parcel No. 202111-1, -2, located at 3131 Katella Avenue, Los Alamitos, CA 90720 is within the project area. The proposed requirement for Parcel No. 202111-1 comprises 4,011 S.F. of Fee to be transferred to the City of Los Alamitos and is needed for widening Katella Avenue and constructing a new sidewalk.; and, WHEREAS, the tentatively scheduled Start of Construction is November 2024.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS AS FOLLOWS:

SECTION 1. The above recitations are true and correct.

SECTION 2. The City Council of the City of Los Alamitos, California, hereby accepts the dedication as described above and shown on Exhibits A and B.

SECTION 3. The attached Legal Description of Street Dedication are incorporated as Exhibits A and B.

SECTION 4. The City Clerk shall record the Street Dedication located at 3131 Katella Avenue with the Orange County Recorder’s Office.

SECTION 5. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED by the City Council of the City of Los Alamitos, California, this 20th day of February 2024.

Jordan B. Nefulda, Mayor
ATTEST:

Windmera Quintanar, MMC, City Clerk

CC RESO 2024-06

APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 20th day of February, 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Windmera Quintanar, MMC, City Clerk

RECORDING REQUESTED BY

DEPARTMENT OF TRANSPORTATION
WHEN RECORDED MAIL TO:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
1750 E. 4TH STREET, SUITE 100
SANTA ANA, CALIFORNIA 92705
ATTN: EVANGELINA WASHINGTON

R/W TITLES & ESCROW
This office is exempt from filing fees under
Government Code 6103 & 27383. No tax due for
Revenue & Taxation Code 11922.

Written by: KM Checked by: TA, YS EA: 0K870
R/W Map No.: E120162-05, 06 APN: 242-212-09 Space above this line for Recorder’s Use Grant_Deed_Indv_PartAcq_202111-1 Fee to City.docx
01/2023
GRANT DEED District County Route Postmile Number
12 ORA 605 1.40 202111-1
Fine US Long Beach LLC, a Delaware limited liability company, hereinafter called GRANTOR, hereby grants to the City of Los Alamitos, hereinafter called CITY, all that real property in the City of Los Alamitos, County of Orange, State of California, described as follows:

See Exhibits “A” and “B”, attached.

Number
202111-1
Grant_Deed_Indv_PartAcq_202111-1 Fee to City.docx
01/2023
The GRANTOR further understands that the present intention of the City of Los Alamitos is to construct and maintain a public street on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the public street.

Dated:

SeungJoon Lee, Manager
This is to certify that the City of Los Alamitos accepts for public purposes the real property described in this deed and consents to its recordation.

Dated By
Director of Public Works
By
Attorney in Fact

Number
202111-1
(insert name and title of the officer)

ACKNOWLEDGMENT
State of California
County of _______________
On before me, ,
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________________ (Seal) } ss
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.

EXHIBIT “A”

LEGAL DESCRIPTION

FEE PARCEL
That certain parcel of land situated in the City of Los Alamitos, County of Orange, State of California, being that portion of Lot 6 of Tract No. 945, files in Book 31, Pages 11 and 12 of Miscellaneous Maps in the Office of the County Recorder of said Orange County described as follows:

PARCEL 202111-1
COMMENCING at the centerline intersection of Katella Avenue with Oak Street as shown on said Tract No. 945; thence along said centerline of Katella Avenue North 88°46’43” West 1025.16 feet to the southerly prolongation of that certain line described as having a bearing and distance of “North 01°13’41” East 30.00 feet” in that certain Grant Deed to the State of California, recorded September 6, 1962 in Book 6239, Page 583 of Official Records in the Office of the County Recorder of said Orange County; thence along said southerly prolongation North 01°13’19” East

51.00 feet to a point on the northerly Right-of-Way of Katella Avenue per Grant Deed to City of Los Alamitos recorded January 31,1969 in Book 8861 Page 997 of Official Records in the Office of the County Recorder of said Orange County and the TRUE POINT OF BEGINNING; thence along said northerly Right-of-Way South 88°46’43” East 490.16 feet to the West corner of that land described in a Quitclaim Deed to the City of Los Alamitos recorded November 15, 2002 as Instrument No. 2002001029010 of Official Records in the Office of the County Recorder of said Orange County; thence along the northwesterly line of said Quitclaim Deed to the City of Los Alamitos North 46°14’01” East 25.46 feet to the northerly line of said Quitclaim Deed to the City of Los Alamitos; thence North 01°13’17” East 7.69 feet; thence North 89°20’24” West 10.95 feet; thence South 40°30’56” West 25.89 feet; thence North 88°46’48” West 294.84 feet; thence North 01°13’12” East 0.50 feet; thence North 88°46’48” West 16.70 feet; thence North 82°31’45” West

42.17 feet; thence North 87°20’52” West 17.90 feet; thence South 02°39’08” West 0.50 feet; thence North 87°20’52” West 98.46 feet; thence North 88°46’48” West 37.16 feet to that certain northerly line described as having a bearing and distance of “North 80°00’00” West 152.03 feet” in said Grant Deed to the State of California, thence along said northerly line South 80°00’22” East 26.45 feet to the easterly line of said Grant Deed to the State of California; thence along said easterly line South 01°13’19” West 9.00 to the TRUE POINT OF BEGINNING.

Unless otherwise noted, all bearings and distances are in terms of the California Coordinate System of 1983, Zone 6, based on the North American Datum of 1983 Epoch 1991.35 as locally adjusted by the Orange County Surveyor. All distances are grid, divide grid distances by

0.99999204 to obtain ground distances.

CONTAINING: 4,011 S.F. more or less

COUNTY OF ORANGE

KATELLA AVENUE
FEE PARCEL 202111-1
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 ·MBAKERINTL.COM
CONTAINING:

PCL. 202111-1: 4,011 S.F. KATELLA AVENUE
P.O.C. PCL. 202111-1

OAK STREET

REFERENCES LEGEND

COUNTY OF ORANGE

KATELLA AVENUE TEMPORARY
FEE PARCEL 202111-1
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 ·MBAKERINTL.COM PCL. 202111-1

REFERENCES

KATELLA AVENUE

COUNTY OF ORANGE

KATELLA AVENUE TEMPORARY
FEE PARCEL 202111-1
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 ·MBAKERINTL.COM PCL. 202111-1 T.P.O.B. PCL. 202111-1 REFERENCES

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 20, 2024 ITEM NUMBER: 11J
To: Mayor Jordan Nefulda & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Resolution No. 2024-09 - Orange County Housing Finance Trust

SUMMARY
This item recommends that the City of Los Alamitos join the Orange County Housing Finance Trust (OCHFT), a Joint Powers Authority (JPA) formed between Orange County cities and the County of Orange in 2019. Enacted by Assembly Bill 448, the OCHFT provides funding for residential developments that preserve and produce affordable and supportive housing. These funds improve the financial viability of individual housing projects and can also increase each project’s competitiveness with state and federal funding sources. Additionally, OCHFT works with a variety of government and nonprofit entities to attract more state and federal housing funds to Orange County. Joining the OCHFT would support the City to achieve the stated goals and objectives of the 6th Cycle Housing Element.

RECOMMENDATION

1. Adopt Resolution No. 2024-09, entitled, "A RESOLUTION OF CITY COUNCIL OF THE

CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING, AUTHORIZING AND DIRECTING

CITY EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT RELATING TO MEMBERSHIP IN THE IN THE ORANGE COUNTY HOUSING FINANCE TRUST"; and,

2. Authorize the Mayor to execute the Orange County Housing Finance Trust Joint Exercise of Powers Agreement.

BACKGROUND
In June 2018, the Orange County Board of Supervisors approved a Housing Funding Strategy in response to the shortage of affordable housing in Orange County. Later that year, the Association of California Cities-Orange County worked with state legislators to pass Assembly Bill 448 to form the OCHFT as a JPA that pursues and provides affordable housing projects with critical gap financing.

There are 26 member cities in the OCHFT (attachment 1) out of a total of 34 cities in the County of Orange. Members include Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, La Habra, Lake Forest, Laguna Niguel, Mission Viejo, Newport Beach, Orange, Placentia, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Westminster, and Yorba Linda. In addition, the County of Orange is also a member.

The OCHFT is governed by a nine-member Board of Directors. According to the JPA by-laws

(Attachment 2), the Board is composed of two members of the Board of Supervisors of the County of Orange; two countywide elected officials; three city representatives, one each from the most highly populated city in each of the County’s three Service Planning Areas (North, Central, and South); and two additional city council representatives selected by the City Selection Committee.

OCHFT Membership
The OCHFT does not build, own, or manage housing projects. OCHFT cannot require that housing projects be located in specific cities, require member cities to take an allocation of supportive housing units, or require that cities provide a local funding match. The OCHFT Board of Directors determines whether a funding application meets the Notice of Funding Availability criteria. Each local jurisdiction maintains land use control and processes the entitlement consistent with its zoning and municipal code requirements. Developers with affordable and supportive housing projects in member cities can apply to OCHFT for construction and/or permanent loans, currently offered at a three percent simple interest rate.

Permanent residual receipt loan terms are 55 years, which is also the required affordability covenant period for borrowers.

DISCUSSION
Los Alamitos joining the OCHFT provides a tool to increase the supply of affordable housing in the city and the region. With membership, affordable housing developments located in Los Alamitos will be able to apply to OCHFT for capital, operating, and social services financial support for projects. By providing another source of gap financing and increasing local funding, OCHFT increases the competitiveness of affordable housing projects for state and federal funds. This coordinated approach is intended to bring back tax dollars to Orange County that would otherwise be distributed to other regions of California. Joining the OCHFT would support the approved City’s Housing Element goals of encouraging more affordable and supportive housing, as well as the objective to secure state, federal, and local affordable housing funds and to assist in finding funding sources.

Since its formation in 2019, OCHFT has secured $67.5 million in funding. In addition, the OCHFT has developed an innovative Accessory Dwelling Unit loan program to help homeowners and increase the supply of affordable units. In 2024, the OCHFT anticipates launching a revolving pre-development loan program to help cities and developers with a short-term loan that contributes to the acquisition and pre-development expenses for affordable housing projects.

The OCHFT work plan also includes an active partnership with local legislators to secure additional state and federal funding for Orange County's affordable and supportive housing projects. Presently, OCHFT distributes funding from three sources: State of California – Local Housing Trust Fund Program, County General Fund, Federal funding, CalOptima, SCAG and County Mental Health Services Act (MHSA). Among these sources, OCHFT membership is not required for MHSA funding applications.

FISCAL IMPACT
The JPA contains a provision that requires members to contribute towards the administrative expenses of OCHFT if sufficient grant funding is not obtained. Member cities were not required

to contribute funding for fiscal years 2021-2022, 2022-2023, and 2023-2024 because the OCHFT successfully secured grant funding to support the administrative portion of the budget.

In 2020-2021, the Trust Board approved a membership cost allocation based on population.

Those fees at that time were:
• Small City with less than 60,000 population = $6,121
• Medium City between 60,000 and 95,000 population = $12,242 • Large City with greater than 95,000 population = $24,484 Variables affecting membership cost include the number of member cities, funding sources that can be used to cover administrative expenses, and the adopted administrative budget. If costs exceed a certain threshold, the City would have the option to terminate its membership.

The City would maintain the right to withdraw from the JPA subject to a written resolution and by providing a six-month notice.

Attachment: 1. Resolution No. 2024-09 - OC Housing Finance Trust

2. Exhibit A - Joint Exercise of Powers Agreement

3. OC Housing Finance Trust Bylaws

RESOLUTION NO. 2024-

A RESOLUTION OF CITY COUNCIL OF THE CITY OF

LOS ALAMITOS, CALIFORNIA, APPROVING,

AUTHORIZING AND DIRECTING CITY EXECUTION OF

THE JOINT EXERCISE OF POWERS AGREEMENT

RELATING TO MEMBERSHIP IN THE IN THE ORANGE

COUNTY HOUSING FINANCE TRUST
WHEREAS, The Orange County Housing Finance Trust (OCHFT) was formed in 2019 as a joint powers authority between the County of Orange and the cities throughout the county; and
WHEREAS, OCHFT was created for the purpose of funding housing specifically assisting the homeless population and persons and families of extremely low, very low, and low income within the County of Orange; and WHEREAS, the City of Los Alamitos has determined through its 6th Cycle Housing Element Update that there is great need for more affordable and supportive housing in the City; and
WHEREAS, the City of Los Alamitos has determined that there are limited financial resources for affordable and supportive housing development and that additional local financing increases the competitiveness of individual projects for the State and Federal resources; and
WHEREAS, the City of Los Alamitos has determined that it is in the public interest and for the public benefit that the City become a member of the OCHFT in order to further facilitate the development of affordable and supportive housing in the City, including the financing of projects therefor by the OCHFT; and WHEREAS, the City of Los Alamitos will be joining 25 members of the OCHFT in efforts to increase State and Federal resources for affordable and supportive housing directed to Orange County; and
WHEREAS, the OCHFT is authorized to issue grants and loans to developers for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of affordable and supportive housing; and
WHEREAS, the City of Los Alamitos anticipates that there will be affordable and supportive housing projects in need of financing located in the City of Los Alamitos.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS DOES RESOLVE AS FOLLOWS:

CC RESO XX-XX

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.

SECTION 2. The City Council of the City of Los Alamitos hereby authorizes the City’s membership in the Orange County Housing Finance Trust (OCHFT).

SECTION 3. The City Council of the City of Los Alamitos has reviewed and approves the Joint Exercise of Powers Agreement substantially in the form attached (Exhibit 1).

SECTION 4. The adoption of this Resolution shall not obligate the City of Los Alamitos or any department thereof to (i) provide any financing to acquire, construct or operate any project or any refinancing of any project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, improvement, rehabilitation or operation of any project; (iii) make any contribution or advance any funds whatsoever to the OCHFT other than membership fees if OCHFT is unable to secure grant funding for administrative costs; or (iv) except as provided in this Resolution, take any further action with respect to the OCHFT or its membership therein.

SECTION 5. The Mayor, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute the Joint Exercise of Powers Agreement and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.

SECTION 6. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the OCHFT:

Orange County Housing Finance Trust
Attn: Adam Eliason, Manager
1 League #62335
Irvine, CA 92602
PASSED, APPROVED, AND ADOPTED this 20th day of February 2024. ________________________________
Jordan B. Nefulda, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk

CC RESO XX-XX

APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 20th day of February, 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Windmera Quintanar, MMC, City Clerk

q e0q

CITY OF PLACENTIA
By: Rhonda Shader, Mayor
Dated:

ATTEST:

Robert M. McKinnell, City Clerk
NOTICE TO CITY TO BE GIVEN TO:

City Administrator: Damien R. Arrula
City: Placentia
Street Address: 401 E. Chapman Ave
Placentia, CA 92870
Phone:

Fax:
(714) 993-8117
Qt4\ 961-0283
APPROTT¡ED AS TO FORM:

By:
ty
Orange County Housing Finance Trust - Joint Powers Agreement Signature Page

CITY OF WESTMINSTER
Dated:

By: Tri Ta, Mayor
ATTEST:
eP43
Christine Cordon, City Clerk
NOTICE TO CITY TO BE GIVEN TO:

Eddie Manfro, City Manager
City of Westminster
8200 Westminster Blvd
Westminster, CA 92683
Phone: 714) 548- 3172
APPROVED AS TO FORM:

City Attorney
Orange County Housing Finance Trust— Joint Powers Agreement Signature Page

CITY OF YORBA LINDA
Dated:
12—U --2-2- ( a,
By: Carlos Rodriguez, ayor
ATTEST:

City Clerk
NOTICE TO CITY TO BE GIVEN TO:

City Manager: Mark Pulone
City of Yorba Linda
Street Address: 4845 Casa Loma Avenue
Yorba Linda, CA 92886
Phone: 714- 961- 7110
Fax: 714- 993- 7530
APPROVED AS TO FORM:

By:

City Attorneyj
G!'.

Orange County Housing Finance Trust - Joint Powers Agreement Signature Page

ORANGE COUNTY

HOUSING FINANCE TRUST
Bylaws

APPROVED BY THE

ORANGE COUNTY HOUSING FINANCE TRUST

BOARD OF DIRECTORS
ON AUGUST 30, 2019
UPDATED SEPTEMBER 15, 2020

OC Housing Finance Trust Bylaws

TABLE OF CONTENTS
PART 1. INTRODUCTION........................................................................................................3 SECTION 1.01 AUTHORIZING LEGISLATION .......................................................................3 SECTION 1.02 OCHFT MISSION AND VISION ....................................................................3 SECTION 1.03 OCHFT GUIDING PRINCIPLES.....................................................................4 PART 2. BYLAWS ...................................................................................................................5 ARTICLE 1 NAME..........................................................................................................5 ARTICLE 2 MEMBERSHIP AND PURPOSE ........................................................................5 ARTICLE 3 BOARD OF DIRECTORS ................................................................................6 ARTICLE 4 DUTIES OF OFFICERS AND BOARD MEMBERS..............................................8 ARTICLE 5 MEETINGS ...................................................................................................9 ARTICLE 6 FINANCIAL REVIEW AND OVERSIGHT........................................................10 ARTICLE 7 OCHFT Board CODE OF CONDUCT ..........................................................10

OC Housing Finance Trust Bylaws

Part 1 – Introduction to the Orange County Housing Finance Trust (OCHFT)

1.01 Establishment
Chapter 336 of the California Statutes of 2018 (AB 448, 2018, Quirk-Silva, Daly, and Moorlach) was entered into law on September 11, 2018. Chapter 336 authorized the County of Orange and any of the cities within the County of Orange to create a joint powers agency known as the Orange County Housing Finance Trust, which may do any of the following: (1) fund the planning and construction of housing of all types and tenures for the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing; (2) receive public and private financing and funds; and (3) authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by the Orange County Housing Finance Trust.

The OCHFT was established on March 12, 2019 by the execution of the Joint Exercise of Powers Agreement (the “Agreement”) by and between the Cities of Fullerton, Newport Beach, Garden Grove, San Juan Capistrano, and Costa Mesa (collectively, the “Cities”) and the County of Orange the “County”). These Bylaws were adopted by OCHFT’s Board of Directors and provide for the organization and administration of OCHFT. These By-Laws supplement the Agreement.

1.02 OCHFT Guiding Vision and Mission
Following the passage of AB 448, the County of Orange and ACC-OC formed a collaborative working group to establish the OCHFT. As such, the working group, comprised of elected officials and staff from both the County and Cities worked to create the guiding vision and mission as follows:

The vision of OCHFT is to provide innovative financial solutions for the humanitarian crisis of homelessness in our local communities.

The mission of OCHFT is to strengthen the communities in Orange County by financing the development of housing for homeless and low-income individuals and families.

1.03 - OCHFT Guiding Principles
The guiding principles of the OCHFT:

1. Implement the findings and declarations of AB 448.

2. Provide funding based on principles of fiscal responsibility and demonstrated value to the taxpayer and funder.

OC Housing Finance Trust Bylaws

3. Retain local control and the ability for local governments to use OCHFT funding for housing solutions when needed, or to participate within the region as a whole.

4. Demonstrate accountability and transparency for members of the JPA and the public.

5. Promote public-private partnerships, nonprofit collaborations, and community building to maximize sources of funds public and private, when available, and to efficiently accelerate housing for low, very low and extremely low income individuals and families.

6. Provide opportunities to strengthen local partnerships and increase capacity of local cities and agencies engaged in fulfilling housing goals.

7. Commit to innovation and best practices in financing, production, and service delivery in supportive housing.

8. Serve the region’s needs geographically by (1) extremely low, very low, low income, and supportive housing types and (2) by population.

9. Foster collaborative planning to allow for project prioritization and establish a pipeline of projects.

10. Provide access to funding to ensure that Orange County receives the maximum benefit for the resources provided.

11. Incorporate County’s Coordinated Entry System in conjunction with the cities’ locallydriven protocols to ensure that the developed housing resources has appropriately targeted and prioritized eligible homeless populations for each project.

Part 2 – Bylaws of the OC Housing Finance Trust
ARTICLE I - Name
The name of this entity shall be the “Orange County Housing Finance Trust” or “OCHFT” in these Bylaws.

ARTICLE II – Membership and Purpose
Section A: OCHFT Membership

OC Housing Finance Trust Bylaws

OCHFT is comprised of the County of Orange and the cities have executed OCHFT’s Joint Powers Agreement (see Exhibit __). The Agreement may be amended from time to time, as needed, and is incorporated herein subject to those amendments.

Section B: Purposes, Functions and Preclusions
The vision of OCHFT shall be to provide innovative financial solutions for the humanitarian crisis of homelessness in our local communities, in furtherance of OCHFT’s mission as stated in Part 1, Introduction. More specifically, the purpose and functions of OCHFT shall be:

1. To fund the planning and construction of housing for the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, housing that includes supportive services;

2. To receive public and private financing and funds;

3. To follow annual financial reporting and auditing requirements that maximize transparency and maximize public information as to the receipt and use of funds by the agency. The annual financial report shall show how the funds have furthered the purposes of the Orange County Housing Finance Trust; and

4. To comply with the regulatory guidelines of each specific state and federal funding source received.

OCHFT is specifically precluded from:

1. Regulating land use in cities or in the unincorporated area of the County of Orange.

2. Serving as an owner or operator of housing units.

3. Exercising any authority to levy, or advocate or incentivize the levying of, any fee, charge, dedication, reservation, tax assessment, or other exaction related to development projects.

4. Requiring or incentivizing inclusionary zoning requirements. The power to adopt inclusionary zoning ordinances remain with the entities that possess land use and planning authority.

OC Housing Finance Trust Bylaws

5. Providing OCHFT funding for a project that is opposed by the elected body (if within an incorporated area, the City Council, or if in an unincorporated area, the Orange County Board of Supervisors) in which the project is proposed to be located.

ARTICLE III – Board of Directors
Section A: OCHFT Board of Directors

1. All members of the Board of Directors must be from a member of the governing board of a party to the Agreement.

2. Board of Directors. The nine (9) voting members of the Board of Directors of OCHFT shall be as described below. Each member shall be entitled to one (1) vote on the Board:
a) County Representatives (4):
i. Two members of the Board of Supervisors of the County of Orange, selected by the Board of Supervisors; and
ii. Two countywide elected officials selected from the following six Orange County elected officials: Assessor, Auditor-Controller, Clerk-Recorder, District Attorney-Public Administrator, Sheriff-Coroner, and the Treasurer Tax-Collector by the Board of Supervisors of the County of Orange.

A city member within each Service Planning Area with a population larger than a current appointee under Section A.2 (b)(i)-(iii), shall be seated to the Board of Directors at the end of the term of the currently seated Director for that Service Planning Area.
b) City Representatives (5):
i. One City Council member for the city member with the greatest population in the North Region Service Planning Area as measured in the most recent decennial census.
ii. One City Council member for the city member with the greatest population in the Central Region Service Planning Area as measured in the most recent decennial census.
iii. One City Council member for the city member with the greatest

OC Housing Finance Trust Bylaws

population in the South Region Service Planning Area as measured in the most recent decennial census.
iv. One City Council member from a city member with a population of over 60,000 persons as measured in the most recent decennial census; and v. One City Council member from a city member with a population of under 60,000 persons as measured in the most recent decennial census.

The selection of Directors under categories iv. and v., above, shall be made by the City Selection Committee from votes cast by eligible city members in each respective category on a one-city-one-vote basis and who are not already represented pursuant to Section A.2, subdivisions (b) (i), (b) (ii), and (b) (iii).

3. Advisory Board (7). An advisory board consisting of the following members shall advise the Board of Directors with respect to all matters that OCHFT Board of Directos has taken in furtherance of OCHFT’s purpose as expressed in the Agreement:
a) One Member who also serves on the Orange County Continuum of Care Board; b) Three (3) members who are city managers or assistant city managers, whose cities are not represented on the Board of Directors, with these three members representing cities in each of the three Service Planning Areas or their successor delineation; c) The Chief Executive Officer of the County of Orange, or his or her designee; d) A police chief (or his or her designee); and
e) A city from a Housing Authority in Orange County, which receives Housing Choice Voucher funding and which is not otherwise represented as a city on the Board of Directors.

4. All Advisory Board members are entitled to attend all OCHFT regular and special meetings and to fully participate in such meetings, but cannot vote on project applications or amendments to OCHFT bylaws, rules, or procedures.

5. Advisory Board members need not be elected officials.

Section B: Selection of Advisory Board Members
Appointments to the Advisory Board shall be as follows:

1. A majority of the Orange County Continuum of Care Board shall appoint the representative from the Orange County Continuum of Care Board;

OC Housing Finance Trust Bylaws

2. The Orange County City Managers Association shall select the three City Manager or Assistant City Manager representatives; and

3. The Orange County Police Chiefs Association shall select the Police Chief representative.

4. The Trust Manager, with ratification by a majority of the Orange County Housing Finance Trust Board, shall select a representative from a City member, whose Housing Authority receives Housing Choice Voucher funding and which is not otherwise represented on the Board of Directors.

Section C: Terms and Vacancies

1. Board of Directors: Terms of office for members of the Board of Directors shall be for two (2) years. A Board of Director’s seat shall be deemed vacant if he or she leaves elected office, or if his or her appointing body removes him or her. Upon a vacancy, the appointing body shall be notified and shall attempt to fill the vacancy within sixty (60) days of the vacancy occurring.

2. Advisory Board: Terms of office for members of the Advisory Board shall be for two (2) years. An Advisory Board member’s seat shall be deemed vacant if he or she fails to attend three consecutive regular or special meetings, or if his or her appointing body removes him or her. Upon a vacancy, the appointing body shall be notified and shall attempt to fill the vacancy within sixty (60) days of the vacancy occurring.

Section D. Board of Director Officers
The Board of Directors shall select a Chair and a Vice-Chair on an annual basis at the first meeting after the start of the fiscal year. Only members of the Board of Directors may serve as Chair or Vice-Chair. If a County representative is the Chair for any one period, a City representative shall serve as Vice-Chair. If a City representative is Chair for any one period, a County representative shall serve as Vice-Chair.

ARTICLE IV – Duties of Officers and Board Members
Section A: Duties of the Chair and Vice-Chair
It shall be the duty of the Chair to preside at the meetings of the OCHFT. In the Chair’s absence, the Vice-Chair shall preside at the meetings of the OCHFT.

Section B: Duties of the Board of Director Members:

OC Housing Finance Trust Bylaws

1. Meet when called by the Chair to plan and coordinate the business and proposed activities of OCHFT;

2. Review and consider applications for project funding;

3. Review and consider OCHFT’s financial information, including the Annual Financial Report, any related independent audit, and the OCHFT’s annual budget; and

4. Serve on subcommittees or task forces when appropriate.

Section C: Formation of Subcommittees
The Board may create subcommittees or task forces to accomplish the goals and purposes of OCHFT.

ARTICLE V – Meetings
Section A: Regular Meetings
Regular meetings of OCHFT’s Board shall be held once every two (2) months, unless otherwise called by the Chair. Meeting notice, agenda, and public comment procedures shall comply with the provisions of the Ralph M Brown Act. The Clerk of the Board shall prepare meeting agendas and handle noticing requirements.

Section B: Special Meetings
Special meetings of OCHFT may be held at any time upon call of the Chair, provided that the special meetings’ noticing and agenda complies with the Ralph M. Brown Act.

Section C: Quorum
A majority of the seated members of the Board of Directors shall constitute a quorum at any meeting of the Board except that less than a quorum may adjourn a meeting to another time and place.

Section D: Voting on Project Funding

1. The Board should strive to attain a unanimous decision on all projects which receive funding from OCHFT; however

2. Every act or decision done or made by a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board of Directors.

Section E: Voting on Amending OCHFT’s Bylaws, Principles, or Procedures

OC Housing Finance Trust Bylaws

1. Amendments to OCHFT’s Bylaws, Principles or Procedures shall be considered at a regular meeting, and shall comply with the Ralph M. Brown Act.

2. An amendment to these Bylaws is deemed approved following a majority vote of the Board of Directors.

Section F: Minutes
The Clerk of the Board shall take minutes for OCHFT. A previous meeting’s minutes shall be considered and approved at a subsequent meeting by a majority vote of the Board of Directors.

Section G: Meeting Procedure
The conduct of meetings shall be governed by Robert's Rules of Order (most recent published edition) where the question at issue is not determined by these Bylaws.

Section H: Location of Meetings
The Board must meet in publicly-accessible places typical for hosting public meetings, such as Council Chambers, city community rooms, or County board or conference rooms.

ARTICLE VI – Financial Review and Oversight
Section A: Annual Financial Report

1. The Board shall ensure that an Annual Financial Report is prepared, reviewed, adopted and made public annually, to ensure transparency and demonstrate actions that have furthered the purposes of OCHFT.

2. As a part of the development of the Annual Financial Report, the Board shall engage an independent auditor to complete an independent financial audit of OCHFT’s operations. The audit must be provided to the public, and the auditor must report all findings to the Board in a public meeting.

Section B: Budget
The Annual Budget of OCHFT shall be reviewed and approved by the Board of Directors in May or June of each year, in advance of the start of OCHFT’s next Fiscal Year.

Section C: OCHFT Fiscal Year
The fiscal year of OCHFT shall be from July 1 to June 30 of each year.

OC Housing Finance Trust Bylaws

ARTICLE VII – OCHFT Board Code of Conduct
This OCHFT Board Code of Conduct represents OCHFT’s commitment to high standards of ethics, public service, collegiality, and transparency. The following standards should be regarded as minimum expectations for conduct. OCHFT Board Members will act in accordance with and maintain the highest standards of professional integrity, impartiality, diligence, creativity and productivity. OCHFT will act in accordance with federal, state, and local laws and regulations.

Section A: Compliance with Policies

1. Members of the Board of Directors and Advisory Board will conduct the OCHFT business in accordance with the Agreement and the bylaws of OCHFT, including conflict of interest policies.

Section B: Conflicts of Interest

1. The Board of Directors may not have a conflict of interest as determined by the California Political Reform Act (the “Act”), inclusive of the Levine Act, California Government Code section 81000, et. seq., and the regulations promulgated to effectuate the Act. Nor shall the Board of Directors have a conflict of interest under California Government Code section 1090.

3. Members of the Board of Directors and Advisory Board are required to file a Statement of Economic Interest (Form 700) in the disclosure category as designated on the OCHFT Conflict of Interest Code.

Section C: Confidentiality
Members of the Board of Directors and Advisory Board must maintain the highest standards of confidentiality regarding information obtained directly or indirectly through their involvement with the OCHFT. This includes but is not limited to information about applications for funding, OCHFT members and their organizations and funded agencies. Members must also avoid inadvertent disclosure of confidential information through casual public discussion, which may be overheard or misinterpreted. Notwithstanding the foregoing, when applicable, the California Public Records Act and Ralph M. Brown Act apply to the OCHFT.

Section D: Gifts or Honoraria
It is not permissible for members of the Board of Directors and Advisory Board to offer or accept gifts, gratuities, excessive favors or personal rewards intended to influence OCHFT decisions or activities.

OC Housing Finance Trust Bylaws

Section G: Harassment
Harassment, interpreted as unwelcome conduct, comment, gesture, contact, or intimidating and offensive behavior likely to cause offense or humiliation, will not be tolerated and may result in disciplinary measures up to and including removal from OCHFT Board.

Section H: Laws and Regulations
OCHFT business will be conducted in a manner that reflects the highest standards and in accordance with all federal, state, and local laws and regulations.

EXHIBIT "A"

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 20, 2024 ITEM NUMBER: 11K
To: Mayor Jordan Nefulda & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Cooperative Agreement with Orange County Transportation Authority (OCTA) for Countywide Signal Synchronization Baseline Project

SUMMARY
This Cooperative Agreement between the City and OCTA establishes the responsibilities of each agency to develop and implement inter-jurisdictional traffic signal synchronization along various corridors within Los Alamitos as part of a countywide effort to enhance traffic flow and reduce congestion.

RECOMMENDATION
Authorize the City Manager to execute the Cooperative Agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project.

BACKGROUND
The Orange County Transportation Authority’s (OCTA) Measure M2 Regional Traffic Signal Synchronization Program (Project P), through an annual call for regional corridor projects, has been successful in retiming over two thousand signals in Orange County since 2011. In the past three years, Katella Avenue, through the City of Los Alamitos, selected for competitive Project P grant funding, synchronized and re-timed all traffic signals between I-605 to Winner Circle. Projects funded through Project P have improved travel times, reduced delays, and congestion. However, an arterial corridor experiences the most benefits immediately following a re-timing. However, since the re-timing optimized for the current traffic conditions, with traffic patterns and volumes fluctuations throughout the years , these timing plans become less effective. Therefore, it is best practice to periodically re-synchronize traffic signals to ensure operational efficiency and adjust for changes in traffic.

DISCUSSION
The OCTA aims to build and reset the synchronization baseline for Orange County’s Signal Synchronization Network (SSN) through the Countywide Signal Synchronization Baseline Project. This project ensures that the timing of all signals on the SSN are revisited on a consistent basis rather than relying on an overdue corridor to be nominated by participating agencies. OCTA has engaged all thirty-four local cities, the County of Orange, the California Department of Transportation (Caltrans), and the Orange County Fire Authority (OCFA) as participants in this countywide project.

The project will accomplish the following:

1. Set a Countywide Signal Synchronization Baseline by re-timing 2,500 Orange County signals along significant regional corridors to avoid any crossing coordination conflicts and ensure signal timing based on current traffic volumes.

2. Separate Orange County into zones with signals and corridor segments grouped based on traffic congestion to facilitate implementation.

3. Transition from a corridor-based to a zone-based approach that is re-timed on a regular basis to minimize conflicts with crossing corridors. Monitor the performance of the signals in the interim and enhance upcoming re-timing efforts to maximize the benefits of the zone-based approach.

The cooperative agreement describes the duties and responsibilities between OCTA and the City of Los Alamitos on the Countywide Signal Synchronization Baseline Project for the next five years. By entering into the cooperative agreement, the City would agree to support OCTA’s countywide efforts by providing requested existing traffic signal data and plans, committing staff time to review recommended timing plans, and overall participation in implementing the Countywide Signal Synchronization Baseline Project (Project). OCTA will be the lead and implementing agency for the Project. OCTA will procure and manage a consultant to collect any necessary traffic data and develop and implement synchronized timing plans.

There is no funding obligation for the City to participate other than staff time as needed.

FISCAL IMPACT
None.

Attachment: 1. Cooperative Agreement with OCTA

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COOPERATIVE AGREEMENT NO. C-3-2425

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF LOS ALAMITOS
FOR

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT
THIS COOPERATIVE AGREEMENT (Agreement), is effective this _______ day of _________________, 2024 (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as “AUTHORITY”) and the City of Los Alamitos, a municipal corporation duly organized and existing under the constitution and laws of the State of California (“PARTICIPATING AGENCY”), each individually known as “Party” and collectively known as “Parties”.

RECITALS:

WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCY is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP) to enhance countywide traffic flow and reduce congestion; and
WHEREAS, the AUTHORITY completed a Countywide Signal Synchronization Plan Study (hereinafter, “PLAN STUDY”) in support of the RTSSP and received authorization from the AUTHORITY’s Board of Directors on March 14, 2022, to update the Traffic Signal Synchronization Master Plan in accordance with the PLAN STUDY recommendations; and WHEREAS, the AUTHORITY secured Congestion Mitigation and Air Quality (“CMAQ”) funds for the implementation of a Countywide Signal Synchronization Baseline Project (hereinafter, “PROJECT”) as presented in the PLAN STUDY; and
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COOPERATIVE AGREEMENT NO. C-3-2425

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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WHEREAS, the AUTHORITY intends to release a request for proposals to secure a consultant (“CONSULTANT”) to implement the PROJECT; and
WHEREAS, based on the PLAN STUDY the AUTHORITY agrees to act as the implementing agency to carry out the PROJECT; and
WHEREAS, the PROJECT will include approximately 2,500 traffic signalized intersections along regionally significant corridors within Orange County; and WHEREAS, approximately 18 PARTICIPATING AGENCY-owned and operated signalized intersections will be included as part of the PROJECT; and WHEREAS, the PROJECT will include all 34 Orange County cities and the County of Orange; and
WHEREAS, the AUTHORITY will enter into a separate cooperative agreement with each participating agency in each jurisdiction for implementation of the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY acknowledges and understands that in-house resources (staff hours) from the PARTICIPATING AGENCY will provide various services in support of the PROJECT; and
WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY desire to enter into this Agreement to implement the PROJECT in support of the RTSSP ; and WHEREAS, this Agreement defines the specific terms and conditions, and between the AUTHORITY and the PARTICIPATING AGENCY for the implementation of the PROJECT; and WHEREAS, the PARTICIPATING AGENCY’s City Council approved this Agreement on the _____ day of ___________________, 202_____.

NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the PARTICIPATING AGENCY as follows:
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COOPERATIVE AGREEMENT NO. C-3-2425

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between the AUTHORITY and the PARTICIPATING AGENCY and supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement.

The above referenced Recitals are true and correct and are incorporated by reference herein.

B. The AUTHORITY’s failure to insist on any instance(s) of the PARTICIPATING AGENCY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and the PARTICIPATING AGENCY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

C. The PARTICIPATING AGENCY’s failure to insist on any instance(s) of the AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the PARTICIPATING AGENCY’s right to such performance or to future performance of such term(s) or condition(s), and the AUTHORITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the PARTICIPATING AGENCY except when specifically confirmed in writing by an authorized representative of the PARTICIPATING AGENCY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
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COOPERATIVE AGREEMENT NO. C-3-2425

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and PROJECT addressed herein. The Parties agree that each will cooperate and coordinate with the other Party in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.

ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
The AUTHORITY, as the lead agency, agrees to the following responsibilities for the implementation of the PROJECT:

A. To designate a Project Manager as a single point of contact for the Project.

B. The AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and complete all aspects of the PROJECT, including filing all documentation necessary to comply with the Congestion Mitigation and Air Quality (CMAQ) funding for the PROJECT.

C. The AUTHORITY, or agents of the AUTHORITY, shall coordinate outreach with the PARTICIPATING AGENCY for the PROJECT.

D. The AUTHORITY, or agents of the AUTHORITY, shall collect all data necessary to provide new optimized timing plans including, but not limited to, manual or video all movement counts at each PROJECT signalized intersection, and a mutually agreed upon number and location of 24 hours / 7 days automated machine traffic counts with vehicle classification.

E. The AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing plans optimized for signal synchronization.

F. The AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCY.

G. The AUTHORITY, or agents of the AUTHORITY, shall prepare a conceptual plan for the delivery of the PROJECT. The AUTHORITY, or agents of the AUTHORITY, shall provide all reports to the PARTICIPATING AGENCY in draft and final formats for review and comment. The PARTICIPATING AGENCY comments shall be noted in the final report.

COOPERATIVE AGREEMENT NO. C-3-2425

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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H. The AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal operational integrity between the PROJECT and other signal synchronization projects not older than three (3) years from the effective date of this Agreement.

I. The AUTHORITY shall provide formats, templates, and guidance in reporting requirements necessary for the PROJECT.

J. The AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the CMAQ guidelines, policies, and procedures were followed.

ARTICLE 4. RESPONSIBILITIES OF THE PARTICIPATING AGENCY The PARTICIPATING AGENCY agrees to the following responsibilities for implementation of the PROJECT:

A. The PARTICIPATING AGENCY shall provide a technical representative to meet and participate as a member of the PROJECT’s Traffic Forum.

B. The PARTICIPATING AGENCY shall authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT.

C. The PARTICIPATING AGENCY shall participate and support the PROJECT implementation.

D. The PARTICIPATING AGENCY shall provide the AUTHORITY, or agents of the AUTHORITY, all current intersection as-built drawings, all current intersections controller assembly plans as provided by the manufacturer and modified by the PARTICIPATING AGENCY since original installation, local field master, local controller, Advanced Traffic Management System timing plans, and other ITS-related data upon request.

E. The PARTICIPATING AGENCY shall inform the AUTHORITY of new traffic signal installations and any traffic signal modifications, which would materially affect the performance of the regional corridors on the PROJECT.
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COOPERATIVE AGREEMENT NO. C-3-2425

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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F. The PARTICIPATING AGENCY shall maintain in good condition existing traffic signal equipment for the PROJECT, such as signal communication and traffic signal controllers.

G. The PARTICIPATING AGENCY shall waive all fees associated with permits that would otherwise be required from the CONSULTANT, subconsultants, and/or service or equipment providers in the performance of the PROJECT.

ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by the PARTICIPATING AGENCY in the implementation of this Agreement are delegated to its respective City Manager, or City Manager’s designee, and the actions required to be taken by the AUTHORITY in the implementation of this Agreement are delegated to the AUTHORITY’s Chief Executive Officer or Chief Executive Officer’s designee.

ARTICLE 6. AUDIT AND INSPECTION
AUTHORITY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCY for a period of five (5) years after final payment, final closeout, or until any on-going audit is completed, whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY’s payment of CONSULTANT’s final billing (so noted on the paid invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with AUTHORITY’S contractor.

ARTICLE 7. INDEMNIFICATION
A. To the fullest extent permitted by law, the PARTICIPATING AGENCY shall defend (at the PARTICIPATING AGENCY’s sole cost and expense with legal counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and hold harmless the AUTHORITY, and its officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages,

COOPERATIVE AGREEMENT NO. C-3-2425

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCY’s employees included), for damage to property, including property owned by the AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the PARTICIPATING AGENCY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

B. To the fullest extent permitted by law, the AUTHORITY shall defend (at the AUTHORITY’s sole cost and expense with legal counsel reasonably acceptable to the PARTICIPATING AGENCY), indemnify, protect, and hold harmless the PARTICIPATING AGENCY, including their officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY’s employees included), for damage to property, including property owned by the PARTICIPATING AGENCY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.

ARTICLE 8. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect from the Effective Date through December 31, 2028.

B. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by all Parties.
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COOPERATIVE AGREEMENT NO. C-3-2425

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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C. Termination: In the event any Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default.

D. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party.

E. AUTHORITY and Parties shall comply with all applicable federal, state, and local laws, statues, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.

F. Legal Authority: The Parties hereto consent that they are authorized to execute this Agreement on behalf of said Party and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.

G. Severability: If any term, provision, covenant, or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each remaining term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement. Facsimile/electronic signatures shall be permitted.

I. Assignment: Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. /

COOPERATIVE AGREEMENT NO. C-3-2425

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement.

K. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing Party.

L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows:

To PARTICIPATING AGENCY: To AUTHORITY:

City of Los Alamitos Orange County Transportation Authority 3191 Katella Avenue
Los Alamitos, CA 90720
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Chris Kelley
City Engineer
Tel: (562) 431-3538
Email: [email protected]
Attention: Michael Le
Senior Contract Administrator
Tel: (714) 560-5314
Email: [email protected]
CC: Alicia Yang
OCTA Project Manager
Tel: (714) 560-5362
Email: [email protected]
M. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.

COOPERATIVE AGREEMENT NO. C-3-2425

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-3-2425 to be executed as of the date of the last signature below.

CITY OF LOS ALAMITOS ORANGE COUNTY TRANSPORTATION AUTHORITY By: ___________________________ By: __________________________________ Chet Simmons Lydia Bilynsky
City Manager Department Manager, Capital Projects
Dated: _________________________ Dated: _________________________ ATTEST: APPROVED AS TO FORM:

By: ___________________________ By: __________________________________ Windmera Quintanar, MMC James M. Donich
City Clerk General Counsel
Dated: _________________________ Dated: _________________________

APPROVED AS TO FORM
By: ___________________________
Michael S. Daudt
City Attorney
Dated: _________________________

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 20, 2024 ITEM NUMBER: 11L
To: Mayor Jordan Nefulda & Members of the City Council
Presented By: Irving Montenegro Jr., Manager
Subject: Awarding of Bid for Demolition and Construction Services for Sterns Park Rehab Project (CIP No. 23/24-04)

SUMMARY
This item recommends the award of a bid for demolition and construction services for the Sterns Park Rehab Project at 3871 Farquhar Avenue (CIP No. 23/24-04). City Staff recommends awarding the lowest, responsible bidder, Western State Builders, Inc., for a total project cost of $1,115,387.00.

RECOMMENDATION

1. Award demolition and construction services for the Sterns Park Rehab Project at 3871 Farquhar Avenue (CIP No. 23/24-04) to Western State Builders, Inc; and,

2. Authorize the Mayor to execute the Articles of Agreement with Western State Builders, Inc. for the Sterns Park Rehab Project (CIP No. 23/24-04) in the amount of $1,650,00.

BACKGROUND
The City of Los Alamitos and Hirsch and Associates have prepared construction documents for the Sterns Park Rehab Project. The project site is a neighborhood pocket park located at 3871 Farquhar Avenue. Approximately 16,500 square feet (0.38 acres), Sterns Park was last refurbished in June 1997. The demolition of the existing playground structure, picnic benches, sandlot, and surrounding amenities will be converted into a fully accessible school-age playground. This will allow for a child who may be in a wheelchair or have limited mobility to experience any area of the playground. Additionally, the improvements will bring many new features, including swing sets with an ADA swing, spring riders, exercise equipment, a completely renovated picnic shelter, and improved landscaping areas. The majority of the existing trees and park dedication monument will be retained. The next phase of this project is to award the approval of plans and specifications and demolition and construction services for the Sterns Park Rehab Project (CIP No. 23/24-04).

The Development Services Department, in partnership with the City Manager and Administration Department, Recreation and Community Services Department, have worked with Hirsch and Associates to prepare the construction documents for the Sterns Park Rehab Project. A Request for Proposal (RFP) to solicit bids for the construction of the Sterns Park Rehab Project was issued on December 18, 2023. The RFP required information from qualified subcontractors to submit a complete bid with safety records, bonding and insurance capacity, technical specifications, set plans, and structural calculations.

DISCUSSION
Notices announcing the solicitation of bids for this project were posted as ads in the Event News Enterprise for two consecutive weeks prior to the bid submittal deadline of Monday, January 29, 2024. Bids for the project were publicly accepted through the City electronic bid submittal system, BidNet, on Wednesday, December 20, 2023, at 11:00 am. Of the two (2) total bids received, City Staff determined that the lowest responsible bid submitted was from Western State Builders, Inc., with a total bid amount of $1,115,387.00. The bid results are provided below:

Los Angeles Engineering, Inc. $1,688,000.00
Western Builders, Inc. $1,155,387.00
After the awarding of the demolition and construction services for the Sterns Park Rehab Project, the timeline will consist of the following major benchmarks:
• Contractor receives new playground and fitness equipment in March 2024 • Construction begins April 2024
• Project completion June 2024

FISCAL IMPACT
The total funding for the Sterns Park Rehab Project is $1,650,000. Funding for this project is included in the 2022-2023 adopted budget and includes funds as shown below:

CDBG $350,000
General Fund $1,300,000
Attachment: 1. CIP 23-24-04 Sterns Park Rehab Project - Contract Agreement

2. CIP 23-24-04 Sterns Park Rehab Project - Bid Submittal - Western State Builders

3. CIP 23-24-04 Sterns Park Project - Bid Breakdown

4. CIP 23-24-04 Sterns Park Bid Set Plans - December City Council Agenda Report

SECTION D – Page 2

CONTRACT INFORMATION AND DOCUMENT

ARTICLES OF AGREEMENT

STERNS PARK REHAB PROJECT
AT 3871 FARQUHAR AVENUE
SPECIFICATION NO. CIP 23/24-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

THIS DEMOLITION AND CONSTRUCTION SERVICES OF STERNS PARK PROJECT , SPECIFICATION NO. CIP 23/24-04 AGREEMENT (“AGREEMENT”)
is made and entered into for the above-stated project this 20th day of February, 2024, BY AND BETWEEN the City of Los Alamitos, a municipal corporation, hereafter d e s i g n a t e d as “AGENCY”, and CONTRACTOR’S BUSINESS NAME, W E S T E R N S T A T E B U I L D E R S , I N C . , ( corporation, partnership, limited liability company, or other business form), hereafter designated as “CONTRACTOR.” WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the STERNS PARK REHAB PROJECT, SPECIFICATION NO. CIP 23/24-04 shall consist of the Notice Inviting Sealed Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

ARTICLE II: Scope of Work
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and equipment and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.

AGENCY hereby employs CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices provided herein, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in this AGREEMENT.

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this AGREEMENT, CONTRACTOR offers and agrees to assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (Section 16700, et seq.) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of

SECTION D – Page 3

CONTRACT INFORMATION AND DOCUMENT
goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to CONTRACTOR, without further acknowledgment by the parties.

ARTICLE III: Compensation
A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR under this Agreement exceed the sun of Dollars ($1,115,387.00) unless specifically approved in advance and in writing by AGENCY Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

B. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

C. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with AGENCY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR upon Agency’s confirmation of CONTRACTOR’S satisfactory completion of this AGREEMENT. At any time during the term of this AGREEMENT CONTRACTOR may, at its own expense, substitute securities for funds otherwise withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

ARTICLE IV: Labor Code
AGENCY and CONTRACTOR acknowledge that this AGREEMENT is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and public agencies and agree to be bound by all the provisions thereof as though set forth fully herein. Full compensation for conforming to the requirements of the Labor Code and with other Federal, State, and local laws related to labor, and rules, regulations and ordinances which apply to any work performed pursuant to this AGREEMENT is included in the price for all contract items of work involved.

This AGREEMENT is further subject to prevailing wage law, including, but not limited to, the following:

A. The CONTRACTOR shall pay the prevailing wage rates for all work performed

SECTION D – Page 4

CONTRACT INFORMATION AND DOCUMENT
under the AGREEMENT. When any craft or classification is omitted from the general prevailing wage determinations, the CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. The CONTRACTOR shall forfeit as a penalty to AGENCY $200.00, or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the AGREEMENT in violation of the provisions of the Labor Code whether such worker is employed in the execution of the work by CONTRACTOR or by any Subcontractor under CONTRACTOR. In addition, CONTRACTOR shall pay each worker the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

B. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by all of its subcontractors.

C. Pursuant to Labor Code § 1776, CONTRACTOR and any subcontractor shall keep 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 him or her in connection with this AGREEMENT. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code §§ 1811, and 1815 for any work performed by his or her employees on the public works project. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776.

D. This AGREEMENT is further subject to 8-hour workday and wage and hour penalty law, including, but not limited to, Labor Code Sections 1810 and 1813, as well as California nondiscrimination laws, as follows:

CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding the 8-hour day and the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation, except as provided in Section 12940 of the Government Code. Pursuant to the provisions of the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by CONTRACTOR’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay.

CONTRACTOR shall forfeit as a penalty to AGENCY $25.00, or any greater penalty set forth in the Labor Code for each worker employed in the execution of the work by CONTRACTOR or by any Subcontractor of CONTRACTOR, for each Calendar Day during which such worker is required or permitted to the work more than eight hours in one Calendar Day or more than 40 hours in any one calendar week in violation of the Labor Code.

E. This AGREEMENT is subject to Public Contract Code Section 6109:

CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Sections 1777.1 or 1777.7 of the Labor Code.

SECTION D – Page 5

CONTRACT INFORMATION AND DOCUMENT
ARTICLE V: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and specifications made a part of the invitation for bids.

The Contract Documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of AGENCY or the owner of a utility to provide for removal or relocation of such utility facilities.

B. To the extent that the work requires trenches in excess of five feet (5’) and is estimated to cost more than $25,000, prior to any excavation, CONTRACTOR must provide the AGENCY, or a registered civil or structural engineer employed by the AGENCY to whom authority has been delegated to accept such plans, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.

C. This AGREEMENT is further subject to Public Contract Code Section 7104 with regard to any trenches deeper than four feet (4’) involved in the proposed work as follows:

CONTRACTOR shall promptly, and before the following conditions are disturbed, notify AGENCY, in writing, of any:
(1) Material that CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by all available information provided prior to the deadline for submission of bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or involve hazardous waste, and cause a decrease or increase in CONTRACTOR’s cost of, or the time required for, performance of any part of the work, AGENCY shall issue a change order under the procedures described in this AGREEMENT.

SECTION D – Page 6

CONTRACT INFORMATION AND DOCUMENT
In the event that a dispute arises between AGENCY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided in the AGREEMENT but shall proceed with all work to be performed under the AGREEMENT.

CONTRACTOR shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

ARTICLE VI: Insurance
A. With respect to performance of work under this AGREEMENT, CONTRACTOR shall maintain, and shall require all of its subcontractors to maintain, insurance as required by Section E “Standard Specifications” of the Contract Documents.

B. This AGREEMENT is further subject to Workers’ Compensation obligations, including, but not limited to, California Labor Code Sections 1860 and 1861 as follows:

CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide AGENCY with a written statement acknowledging its obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861; to wit: ‘I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.’ If any class of employees engaged in work under this AGREEMENT at the site of the Project is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify and hold harmless AGENCY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.

ARTICLE VII: Indemnification
To the fullest extent permitted by law, CONTRACTOR shall, at its sole cost and expense, fully defend, indemnify and hold harmless AGENCY, its authorized representatives and their respective subsidiaries, affiliates, members, directors, officers, employees and agents (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, and expenses, including but not limited to any fees of accountants, attorneys or other professionals (collectively “Liabilities”), arising out of, in connection with, resulting from or related to, any act, omission, fault or negligence of CONTRACTOR, CONTRACTOR’s Representative, or any of its officers, agents, employees, Subcontractors or Suppliers, or any person or organization directly or indirectly employed by any of them (Collectively, the “Indemnitors”), in connection with or relating to or claimed to be in connection with or relating to the work performed under this AGREEMENT.

SECTION D – Page 7

CONTRACT INFORMATION AND DOCUMENT
If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of CONTRACTOR that are assumed under or arise out of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of CONTRACTOR contained in, resulting from, or assumed under this AGREEMENT, and the failure to give any such notice shall not affect or impair such venturer’s or partner’s joint and several liability hereunder.

ARTICLE VIII: Binding Effect
AGENCY and CONTRACTOR each bind itself, its partners, successors, assigns, and legal representatives to the other party hereto and to its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. This AGREEMENT is not assignable nor the performance of either party’s duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

ARTICLE IX: Dispute Resolution
A. In the event of a dispute arising out of the terms of this AGREEMENT, including any action brought to declare the rights granted herein or to enforce any of the terms of this AGREEMENT, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses. Any court action arising out of this AGREEMENT shall be filed in the Los Angeles County Superior Court. Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in the City of Los Angeles or the City of Los Alamitos, California.

B. AGENCY shall have full authority to compromise or otherwise settle any claim relating to this AGREEMENT or any part hereof at any time. AGENCY shall provide timely notification to CONTRACTOR of receipt of any third-party claim relating to this AGREEMENT. AGENCY shall be entitled to recover its reasonable costs incurred in providing the notification required by this section.

C. This AGREEMENT is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by Contractor, for the response to such claims by the Agency, for a mandatory meet and confer conference upon the request of Contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the parties’ failure to resolve the dispute through mediation. This AGREEMENT hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

ARTICLE X: Independent Contractor
CONTRACTOR is and shall at all times remain as to AGENCY, a wholly independent contractor. Neither AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth.

CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of AGENCY.

SECTION D – Page 8

CONTRACT INFORMATION AND DOCUMENT
ARTICLE XI: Taxes
CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes, and operations incidental to or involved in this AGREEMENT. The CONTRACTOR is responsible for ascertaining and arranging to pay such taxes and duties. The prices established in this AGREEMENT shall include compensation for any taxes the CONTRACTOR is required to pay by laws and regulations in effect as of the execution of this AGREEMENT.

ARTICLE XII: Notices
All notices and communications shall be sent in writing to the parties at the following addresses:

AGENCY: Irving Montenegro, Jr. CONTRACTOR:

CITY OF LOS ALAMITOS Western State Builders Inc.,
3191 Katella Avenue 2141 Orange Avenue
Los Alamitos, CA 90720 Escondido, CA 92029
ARTICLE XIII: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this AGREEMENT will be effective only if signed by the party to be charged.

The benefits and obligations of this AGREEMENT shall inure to and be binding upon the representatives, agents, partners, heirs, successors and assigns of the parties hereto. This AGREEMENT shall be construed pursuant to the laws of the State of California.

ARTICLE XIV: Authority to Contract
The signatories hereto represent that they are authorized to sign on behalf of the respective parties they represent and are competent to do so, and each of the parties hereto hereby irrevocably waives any and all rights to challenge signatures on these bases.

ARTICLE XV: General Provisions
A. All reports, documents, or other written material (“written products” herein) developed by CONTRACTOR in the performance of this Agreement shall be and remain the

SECTION D – Page 9

CONTRACT INFORMATION AND DOCUMENT
property of AGENCY without restriction or limitation upon its use or dissemination by AGENCY. CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR.

B. In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition, or any other unlawful basis.

C. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement.

Should there be any conflict between such heading, and the section or paragraph at the head of which it appears, the section or paragraph hereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

D. The waiver by AGENCY or CONTRACTOR of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by AGENCY or CONTRACTOR unless in writing.

E. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers, or remedies.

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands, and seals this 20th day of February, 2024 (Council Action Date Here)
CONTRACTOR: Western State Builders Inc.,
Julian P. Dillavou-Moen, Vice President
Contractor’s License No. 1069677
Subscribed and sworn to this day of , 20 .

SECTION D – Page 10

CONTRACT INFORMATION AND DOCUMENT

NOTARY PUBLIC (SEAL)
AGENCY:

Mayor
City of Los Alamitos
Date
ATTESTED:

Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
Date

APPROVED AS
TO FORM:

Michael S. Daudt, City Attorney
City of Los Alamitos
Date
(E X E C U T E I N D U P L I C A T E )

Item Item Description Quantity Unit Price Total Cost Quantity Unit Price Total Cost 1 Mobilization and SWPPP Maintenance 1 $151,000.00 $151,000.00 1 $400,000.00 $400,000.00 2 Site Demolition 1 $54,220.00 $54,220.00 1 $104,714.00 $104,714.00 3 4" Thick Grey Concrete 5795 $17.00 $98,515.00 5795 $25.00 $144,875.00 4 Masonry Seat Wall and Precast Cap 134 $449.00 $60,166.00 134 $800.00 $107,200.00 5 Play Area Curb 18" - 24" High 260 $103.00 $26,780.00 260 $50.00 $13,000.00 6 12" Wide Concrete Curb 210 $87.00 $18,270.00 210 $53.00 $11,130.00 7 Curb Ramp 1 $8,200.00 $8,200.00 1 $8,000.00 $8,000.00 8 42" High Steel Fence and Footings 210 $267.00 $56,070.00 210 $260.00 $54,600.00 9 1" PVC Water Line, Backflow Preventer 1 $9,900.00 $9,900.00 1 $15,000.00 $15,000.00 10 Site Furnishings including Bike Rack, Trash
Receptacles, Picnic Tables, Drinking Fountain,
Benches
1 $70,000.00 $70,000.00 1 $101,000.00 $101,000.00
11 Installation of City Provided Play Equipment 1 $89,707.00 $89,707.00 1 $55,000.00 $55,000.00 12 Play Area Rubber Surfacing and Base Layer 3535 $26.00 $91,910.00 3535 $28,000.00 $98,980,000.00 13 Install City Provided Exercise Equipment 1 $12,500.00 $12,500.00 1 $21,000.00 $21,000.00 14 Provide and Install 16" x 24" Shade Shelter 1 $66,675.00 $66,675.00 1 $85,000.00 $85,000.00 15 Salvage and Relocate Existing Boulders 1 $1,500.00 $1,500.00 1 $5,000.00 $5,000.00 16 Salvage Existing Bronze Plaque, Provide New
Bronze Plaque, Construction Concrete Pedestal,
and Mount Plaques
1 $7,950.00 $7,950.00 1 $3,500.00 $3,500.00
17 Irrigation System 1 $66,100.00 $66,100.00 1 $120,000.00 $120,000.00 18 Landscaping 1 $51,200.00 $51,200.00 1 $100,000.00 $100,000.00 19 New SCE Service and Site Electrical 1 $42,294.00 $42,294.00 1 $110,000.00 $110,000.00 20 Solar Lighting and Footings 1 $122,430.00 $122,430.00 1 $130,000.00 $130,000.00 21 Any Order of Work Required to Construct the
Project Per Project Plans in Entirety Note
Specifically Identified within this Bid Schedule
1 $10,000.00 $10,000.00 1 $1.00 $1.00
$1,115,387.00 $100,569,020.00
Item Item Description Quantity Unit Price Total Cost Quantity Unit Price Total Cost 1 Rubber Surface at Exercise Area 1404 $16.25 $22,815.00 1404 $70.00 $98,280.00 $1,138,202.00 $100,667,300.00
Western State Builders, Inc. Los Angeles Engineering, Inc.

Bid Schedule B - Additive Alternate 1
Bid Schedule A
Western State Builders, Inc. Los Angeles Engineering, Inc.

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CONSTRUCTION LEGEND A. CONTRACTOR SHALL CONSTRUCT IN THEIR ENTIRETY ALL ITEMS OF WORK AS SHOWN ON PLANS AND DELINEATED IN SPECIFICATIONS. B. CONTRACTOR SHALL VERIFY ALL SITE CONDITIONS, DIMENSIONS,

LOCATIONS, AND DEPTHS OF ALL UNDERGROUND UTILITIES PRIOR TO START OF WORK. NOTIFY USA ALERT @ 811 (48) HOURS PRIOR TO START OF WORK. C. ALL WORK SHALL COMPLY WITH THE LATEST EDITION OF THE STANDARD SPECIFICATION FOR PUBLIC WORKS, LOCAL ORDINANCES AND ADA REQUIREMENTS, "TITLE 24 ACCESSIBILITY REQUIREMENTS", AND THE 2022 CALIFORNIA BUILDING CODE. D. CONTRACTOR SHALL KEEP JOB SITE FREE OF DEBRIS AT ALL TIMES. E. ALL ANCHORS AND REINFORCEMENTS SHALL BE HELD IN PLACE, TIED AND OR SUPPORTED PRIOR TO PLACEMENT OF CONCRETE. F. PERFORM ALL EXCAVATION, COMPACTED BACK FILLING AND GRADING OPERATION TO ESTABLISH ALL SUB GRADES AND FINISH GRADES FOR ALL ITEMS OF CONSTRUCTION AS INDICATED ON PLANS. G. CONTRACTOR TO CLEAR SITE OF ALL WEED AND GRASS GROWTH PRIOR TO START OF WORK. CONTRACTOR SHALL MAINTAIN SITE IN WEED FREE CONDITION DURING CONSTRUCTION BY SPRAYING ALL WEED GROWTH WITH "ROUNDUP" AND REMOVING GROWTH FROM SITE. ALLOW 10 DAYS BETWEEN SPRAYING AND REMOVAL. H. CONTRACTOR SHALL PROVIDE ALL SURVEY WORK NECESSARY FOR CONSTRUCTION. CONTRACTOR SHALL ESTABLISH ALL ELEVATIONS FOR CONSTRUCTION. TOPOGRAPHIC SURVEY OF SITE WITH CONTROL POINTS WILL BE PROVIDED TO CONTRACTOR BY LANDSCAPE ARCHITECT. I. ALL LAYOUT AND FORMING OF CONSTRUCTION ITEMS MUST BE REVIEWED AND APPROVED BY LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION. J. RADIUS ALL EXPOSED EDGES OF CONCRETE WITH 1/2" RADIUS FINISHING TOOL. K. ALL CONCRETE FLAT WORK SHALL BE 4" THICK WITH A MEDIUM BROOM FINISH UNLESS SPECIFIED OTHERWISE. L. ALL WORK SHALL COMPLY WITH ALL REQUIREMENTS OF THE CALIFORNIA ORGANIZATIONAL SAFETY AND HEALTH ADMINISTRATION. M. ALL NEW CONSTRUCTION TO MEET AND MATCH EXISTING. CONSTRUCTION NOTES &GUKIP &CVG
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Uniform Zinc Coating
(Hot Dip Galvanized) Base Material Uniform Zinc Coating(Hot Dip Galvanized) Zinc Phosphate &
Conversion Coating
Epoxy base coat 134" [44.5mm] 134" [44.5mm] 237,21$/ƒ6:,9(/%5$&.(7 PANEL BRACKET Specially designed two -point connection ensures fixity of rail ends for increased strength. INTERNAL RETAINING ROD Variable pitch connection system for ease of installation, high angle bias ability and elimination of unsightly external fasteners. FORERUNNER RAIL Double-walled "U"-Channel Specially formed high strength architectural shape. TM FORERUNNER RAIL TM "No-Mar" Polyester Powder finish coat 8' [2438.4mm] O.C. Nom. Varies with Height 4' [1219.2mm] 36" [914.4mm] Min. Footing depth 2" [50.8mm] Nom 33 4" [95.2mm] Typ. 118" [28.6mm] 9316" [233.4mm] Bracket Options 13 4" [44.5mm] FORERUNNER Rail (See Cross- Section Below) 1" [25.4mm] x 14ga. Picket TM 2 3 4 Post size varies with Height (See AEGIS II Post-Sizing chart) TM 1 NOTES: 1.) Post size depends on fence height and wind loads. See AEGIS II post sizing chart. 2.) Panels also available for 6' on center post spacing 3.) Additional heights available on request 4.) Third rail optional. TM Values shown are nominal and not to be used for installation purposes. See product specification for installation requirements.
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FRONT VIEW TOP VIEW
34"
18" 18"
5" 27" REMOVABLE SS CAP PET FOUNTAIN
33" 3" 15" TYP
35" 5"
41" ADA ARM ADULT ARM 10" SS PIPE ACCESS DOOR PET FOUNTAIN ON OPPOSITE SIDE ANCHORED INSIDE OF PEDESTAL BY M.D.F18" OPTIONAL TEMPLATE BOLT IS CENTERED UNDER "ADA ARM" PUSH BUTTON FOR PET FOUNTAIN ON OPPOSITE SIDE 6 5/8" SLEEVE RECOMMEND A 2", 3" OR 4" OPEN HUB DRAIN REMOVE DOG BOWL IN ORDER TO INSTALL 3RD TORX BOLT 2", 3" OR 4" OPEN HUB DRAIN BOLT IS CENTERED UNDER "ADA ARM" BOTTLE FILLER WATER $#%-'&$'0%* % &GUKIP &CVG
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MODEL AND SIZE PER IRRIGATION PLAN CONTROL WIRES AND DECODER WITH 12" MIN. SERVICE COIL AND WATERPROOF WIRE SPLICE CONNECTORS VALVE BOX EXTENSION, AS NEEDED BRICK SUPPORTS, 1 AT

EACH SIDE, MINIMUM
GRAVEL (1 CU. FT.) PVC MALE ADAPTER (TYP.) PVC LATERAL LINE SEE IRRIGATION PLAN NOTES FOR DEPTH NOT TO SCALE SECTION/ELEVATION PVC MAIN LINE (TYP.) SEE IRRIGATION PLAN NOTES FOR DEPTH PVC TEE OR ELBOW (TYP.) PVC MAIN LINE LENGTH WITH REDUCER COUPLING AS REQUIRED FINISHED GRADE SCHEDULE 80 PVC ELBOW GREEN VALVE BOX & LOCKABLE COVER. HEAT BRAND "RCV" AND STATION NUMBER IN 2" LETTERS ON LID. I.D. TAG. CHRISTY'S, OR EQUAL NOT TO SCALE PURPLE JUMBO VALVE BOX & LOCKING COVER FLOW SENSOR PER IRRIGATION LEGEND PVC 45 DEGREE ELL (TYP.) 7 3456 FINISH GRADE 2 GRAVEL (1 CU. FT.) BRICK SUPPORTS, 910118 141312 PVC MALE ADAPTER MINIMUM 10x PIPE DIAMETER UPSTREAM & MINIMUM 5x PIPE DIAMETER DOWNSTREAM OF STRAIGHT PIPE CONTROL WIRES WITH 12" MIN. SERVICE COIL AND WATERPROOF WIRE SPLICE CONNECTORS - WIRE COLORS PER SPECIFICATIONS PVC 45 DEGREE ELL (TYP.) BUSH DOWN TO FLOW METER SIZE AS NECESSARY PVC MAINLINE - LENGTH AS REQUIRED - SEE SPECIFICATIONS FOR TYPE AND DEPTH NOTES: SEE PLANS, LEGEND AND SPECIFICATIONS FOR ADDITIONAL INSTALLATION NOTES. VALVE BOX EXTENSIONS AS REQUIRED PVC MALE ADAPTER - BUSH DOWN TO FLOW METER SIZE AS NECESSARY MASTER CONTROL VALVE. MODEL PER IRRIGATION LEGEND 125 5 8 FLOW 914 2 3 13 10 6 7 11 8 1 2 8 9 4 3 6 5 10 11 7 8 LEGEND: 1 HEAT BRAND "MCV" IN 2" LETTERS ON VALVE BOX LID HEAT BRAND "FS" IN 2" LETTERS ON VALVE BOX LID 1 EACH SIDE, MINIMUM 24" MIN. 1.5 " PVC MAINLINE FINISH GRADE 10" ROUND GREEN VALVE BOX WITH LOCKABLE LID FILTER FABRIC BARRIER 6" DEEP PEA GRAVEL SUMP 6" ADS, LENGTH AS REQUIRED GATE VALVE, LINE SIZE. MODEL PER IRRIGATION PLAN HEAT BRAND "GV" IN 2" LETTERS ON LID .. . . .. ... . . 8" min. 2'-8" 12" 36" 18" 1. Imperial Assemblies 18" front entry Controller Assembly NEMA 3R rainproof enclosure (UL listed) 2. Controller 3. Power switch/GFI receptacle 4. Master valve relay assembly or pump start relay assembly (optional) 5. Terminal Board 6. Remote Receiver Connector (optional) 7. 1" PVC conduit for 120 VAC from metered power supply 8. PVC conduit for control wires, size as required 9. Fill voids with 3/8" Pea Gravel 10. 1" PVC conduit for flow sensor cable PAIGE CABLE P - 7162 - D (if applicable) 11. Poured concrete base * Note all grounding requirements for controller assemblies shall conform to local electrical codes. 4" min 2134567891011 # 4'/16'%10641.8#.8' $ 9+&'(.19&4+2%10641.<10'-+6 % 41169#6'4+0)5;56'/ & /#56'4%10641.8#.8'9+6*(.195'0514 )#6'8#.8' ) 2+2'64'0%*+0) + 37+%-%172.'48#.8' ( ' %10641..'4#55'/$.; *706'4212Ä72 524#;$1&; * 13 IRRIGATION DETAILS &GUKIP &CVG
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3 ISOMETRIC NOT TO SCALE 10987654321 FINISH GRADE. DEPTH OF TUBING 4" DEPTH OF PVC SUPPLY MANIFOLD 12" PVC CROSS (SxSxT). 1/2" MPT ADAPTER PVC TEE (SxSxS). DRIPLINE LATERAL PVC SUB-MANIFOLD. PVC TEE (SxSxS). PVC SUPPLY MANIFOLD FROM DRIP ZONE KIT. 10 96 7 4 5 8 2 1 NOTES: 1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 2. DO NOT SCALE DRAWING. 3 FINISH GRADE. DEPTH OF TUBING 4" DEPTH OF PVC SUPPLY MANIFOLD PER SPECIFICATIONS. PVC CROSS (SxSxSxS). COMPRESSION ADAPTER PVC TEE (SxSxS). DRIPLINE LATERAL PVC SUB-MANIFOLD. PVC TEE (SxSxS). PVC SUPPLY MANIFOLD FROM DRIP ZONE KIT. 123456789 NOT TO SCALE ISOMETRIC 10 9 8 4 5 6 7 2 1 10 NOTES: 1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 2. DO NOT SCALE DRAWING. 1234567 8 9 891234567 FINISH GRADE. DRIPLINE LATERAL . TRI-LOC ELBOW (TL-E). POLY TUBING TRI-LOC X 1/2" MPT ADAPTER PVC TEE (SxSxT) WITH 1/2" FPT OUTLET. NATIVE SOIL BACKFILL PER SPECIFICATIONS. DEPTH OF TUBING 4" DEPTH OF PVC SUPPLY LINE 12" SECTION/ELEVATION NOT TO SCALE NOTES: 1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 2. DO NOT SCALE DRAWING. 9 1234567 8 9 NOT TO SCALE FINISH GRADE. DRIPLINE LATERAL TEE (TL-T). POLY TUBING TRI-LOC X 1/2" MPT ADAPTER. PVC TEE (SxSxT) WITH 1/2" FPT OUTLET. NATIVE SOIL BACKFILL PER SPECIFICATIONS. DEPTH OF TUBING 4" DEPTH OF PVC SUPPLY LINE 12" 765432198 SECTION/ELEVATION NOTES: 1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 2. DO NOT SCALE DRAWING. FVFV 432176581011 1 12 2 AUTOMATIC FLUSH VALVE (FCH-H-FIPT) PLUMBED TO FLUSH MANIFOLD AT LOW POINT. PVC FLUSH MANIFOLD. MANIFOLD-TO-ELBOW CONNECTION (TYP). PVC LATERAL LINE FROM DRIP ZONE KIT. PVC SUPPLY MANIFOLD. MANIFOLD-TO-TEE CONNECTION. DRIPLINE LATERAL NOT USED NOT USED PERIMETER LATERALS 2" TO 4" FROM EDGE. AREA PERIMETER. OPERATION INDICATOR 765432198101112 NOT TO SCALE PLAN NOTES: 1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH. 2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 3. DO NOT SCALE DRAWING. 4. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN FV 1110891234567 PVC LATERAL LINE FROM DRIP ZONE KIT. PVC SUPPLY MANIFOLD. MANIFOLD-TO-ELBOW CONNECTION (TYP). DRIPLINE LATERAL NOT USED AIR/VACUUM RELIEF LATERAL, POLY TUBING CENTERED ON MOUND OR BERM. PVC FLUSH MANIFOLD. PERIMETER LATERALS 2" TO 4" FROM EDGE. AREA PERIMETER. OPERATION INDICATOR FLUSH VALVE PLUMBED TO FLUSH MANIFOLD AT LOW POINT. PLAN NOT TO SCALE 1098672341 11 NOTES: 1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH. 2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 3. DO NOT SCALE DRAWING. 2394561710118 FV AUTOMATIC FLUSH VALVE PLUMBED TO FLUSH MANIFOLD AT LOW POINT. OPERATION INDICATOR PVC FLUSH MANIFOLD. MANIFOLD-TO-ELBOW CONNECTION (TYP). TRI-LOC TEE PERIMETER LATERALS 2" TO 4" FROM EDGE. DRIPLINE LATERAL AREA PERIMETER. PVC LATERAL LINE FROM DRIP ZONE KIT. PVC SUPPLY MANIFOLD. MANIFOLD-TO-ELL 7654321981011 NOT TO SCALE PLAN NOTES: 1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH. 2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 3. DO NOT SCALE DRAWING. 4. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN A AV A FV PVC LATERAL LINE FROM DRIP ZONE KIT. PVC SUPPLY MANIFOLD. MANIFOLD-TO-ELBOW CONNECTION (TYP) AIR/VACUUM RELIEF LATERAL, CENTERED ON MOUND OR BERM. NOT USED BERM (TYP). EDGE OF PLANTER. PERIMETER LATERALS 2" TO 4" FROM EDGE. TRI-LOC TEE OPERATION INDICATOR AUTOMATIC FLUSH VALVE PLUMBED TO FLUSH MANIFOLD AT LOW POINT. PVC FLUSH MANIFOLD. DRIPLINE LATERAL FINISHED GRADE. 7654 321 98101112 PLAN NOT TO SCALE NOT TO SCALE SECTION A-A 1314 7 14 13 4 123 4678 9 10 13 5 3 6 4 12 11 NOTES: 1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH. 2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 3. DO NOT SCALE DRAWING. 4. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN FV 7 6 5 4 3 2 1 8 9 10 4 7 AUTOMATIC FLUSH VALVE PLUMBED TO FLUSH MANIFOLD AT LOW POINT. PVC FLUSH MANIFOLD. OPERATION INDICATOR MANIFOLD-TO-ELBOW CONNECTION (TYP). DRIPLINE LATERAL AREA PERIMETER. PERIMETER LATERALS 2" TO 4" FROM EDGE. PVC LATERAL LINE FROM DRIP ZONE KIT. TRI-LOC TEE PVC SUPPLY MANIFOLD. 76543219810 NOT TO SCALE PLAN NOTES: 1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH. 2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 3. DO NOT SCALE DRAWING. 4. 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Design: Date: Job No: Description: of Sheet12-6-23 2267 2221 East Winston Road, Suite A
Anaheim, California 92806
Phone 714-776-4340 Fax 714-776-4395
www.hailandarch.com LA#1710
Hirsch & Associates, Inc.

Landscape Architecture & Planning Project: 2267

STERNS PARK

CITY OF LOS ALAMITOS
3871 FARQUHAR AVENUE
LOS ALAMITOS, CA 90720
100% CD SET

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O I S M. Exp. 06-30-25 DATE SIGNED DATE SIGNED 11/20/2023 CONDUIT CAP-OFF MIN. 3/4"C- HOMERUN TO PANELBOARD RACEWAY TURNED DOWN 1/2"C, 2#12 AND 1#12 GND - TYPICAL U.N.O. RACEWAY TURNED UP 1/2"C, 2#12 AND 1#12 GND - TYPICAL U.N.O. RACEWAY CONCEALED IN WALL OR CEILING 1/2"C, 2#12 AND 1#12 GND - TYPICAL U.N.O. CONDUIT ROUTED EXPOSED A AMPERE AB ABOVE BACK SPLASH ADA AMERICANS W/DISABILITIES ACT A.F.F. ABOVE FINISHED FLOOR AF ARC FAULT AHU AIR HANDLING UNIT AMP FUSE AFG ABOVE FINISHED GRADE AIC AMPERE INTERRUPTING CAPACITY AL ALUMINUM ARCH'L ARCHITECTURAL AS AMP SWITCH ATS AUTOMATIC TRANSFER SWITCH AWG AMERICAN WIRE GAUGE BC BARE COPPER BLDG BUILDING BLDG C CONDUIT CAB CABINET CAT CATALOG/CATEGORY CB CIRCUIT BREAKER CKT CIRCUIT CLG CEILING CO CONDUIT ONLY CC COMM COMMUNICATION CU COPPER CTEP CALIFORNIA TYPE EVALUATION PROGRAM DEMO,(D) DEMOLITION/DEMOLISH DISC. DISCONNECT DN DOWN DWG DRAWING EA EACH EF EXHAUST FAN EG EQUIPMENT GROUND ELEC. ELECTRICAL ELEV ELEVATOR EM EMERGENCY EMT ELECTRICAL METALLIC TUBING EQUIP EQUIPMENT (E) EXISTING TO REMAIN EVCS ELECTRICAL VEHICLE CHARGING STATION FACP FIRE ALARM CONTROL PANEL FBO FURNISHED BY OTHERS FF FINISHED FLOOR FIXT FIXTURE FLA FULL LOAD AMPS FLEX FLEXIBLE METALLIC CONDUIT (STEEL) FLUOR FLUORESCENT FT FEET OR FOOT GFA GROUND FAULT ALARM GFCI GROUND FAULT CIRCUIT INTERRUPTER GND GROUND HP HORSEPOWER HVAC HEATING, VENTILATING & AIR CONDITIONING IBC INTERNATIONAL BUILDING CODE IMC INTERMEDIATE METAL CONDUIT IN INCH(ES) IRC INTERNATIONAL RESIDENTIAL CODE ISC SHORT CIRCUIT AMPERES JB, J-BOX JUNCTION BOX KCMIL& MCM THOUSAND CIRCULAR MILS KVA KILOVOLT AMPERE KW KILOWATT LCP LIGHTING CONTROL PANEL LRA LOCK RUNNING AMPS LOTO LOCK OUT TAG OUT LTG LIGHTING MAX. MAXIMUM MCA MAXIMUM CIRCUIT AMP MCB MAIN CIRCUIT BREAKER MCC MOTOR CONTROL CENTER MECH. MECHANICAL MIN. MINIMUM MLO MAIN LUGS ONLY MTD MOUNTED NC NORMALLY CLOSED NEC NATIONAL ELECTRICAL CODE NECA NATIONAL ELECTRICAL CONTRACTOR'S ASSOCIATION NEMA NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION NEUT NEUTRAL NFC NATIONAL FIRE CODE NF NON-FUSIBLE NFPA NATIONAL FIRE PROTECTION ASSOCIATION NIC NOT IN CONTRACT NO NORMALLY OPEN NTS NOT TO SCALE OCPD OVER CURRENT PROTECTION DEVICE P POLE PH PHASE PNL PANEL PV PHOTOVOLTAIC PVC POLYVINYL CHLORIDE PWR POWER QTY QUANTITY (R) RELOCATE RECEP RECEPTACLE REQ'D REQUIRED RGS RIGID GALVANIZED STEEL RSC RIGID STEEL CONDUIT SCHED SCHEDULE SECT SECTION SP SINGLE POLE SN SOLID NEUTRAL SPEC SPECIFICATION SW SWITCH SWBD SWITCHBOARD SWGR SWITCH GEAR SYS SYSTEM TEMP TEMPORARY TELE TELEPHONE T-STAT THERMOSTAT TTB TELEPHONE TERMINAL BACKBOARD TTC TELEPHONE TERMINAL CABINET TYP. TYPICAL UBC UNIFORM BUILDING CODE UL UNDERWRITERS LABORATORY U.N.O. UNLESS NOTED OTHERWISE V VOLT OR VOLTAGE VA VOLT AMPERE VD VOLTAGE DROP VFD VARIABLE FREQUENCY DRIVE VP VAPOR PROOF W WATT, WIRE WP WEATHERPROOF, NEMA 3R XFMR TRANSFORMER - A - - B - - C - - D - - E - - F - - G - - H - - I - - J - - K - - L - - M - - N - - O - - P - - Q - - R - - S - - T - - U - - V - - W - - X - WIRING MISCELLANEOUS LIGHTING POWER 2022 CALIFORNIA ELECTRICAL CODE (CEC) PART 3, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2020 NATIONAL ELECTRICAL CODE (NEC) NFPA 70 2022 CALIFORNIA ADMINISTRATIVE CODE (CAC) PART 1, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA BUILDING CODE (CBC) PART 2, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA MECHANICAL CODE (CMC) PART 4, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA PLUMBING CODE (CPC) PART 5, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA ENERGY CODE (CEC) PART 6, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA FIRE CODE (CFC) PART 9, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA GREEN BUILDING CODE (CGBC) PART 11, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) APPLICABLE CODES REVISION SYMBOL FEEDER SCHEDULED EQUIPMENT KEYNOTE PLAN SYMBOL # SHEET1 DIAGRAM TAG
1XXX XXXX ELECTRICAL EQUIPMENT TAG CONDUIT ROUTED UNDER FLOOR/ UNDERGROUND ELECTRICAL SYMBOL LIST STANDARD ABBREVIATIONS NON-FUSED DISCONNECT SWITCH (WITH SEALTITE RACEWAY CONNECTION FUSED DISCONNECT SWITCH MOTOR CONTROLLER OR STARTER METER SERVICE PEDESTAL PB PULLBOX - EXTERIOR OR INTERIOR AS INDICATED F DEDICATED DUPLEX RECEPTACLE, NEMA 5-20R, 20A, 125V, GFCI TYPE, RATED MOUNT CENTER OF OUTLET AT 18" AFF UON G PARKING LOT POLE MOUNTED LIGHT FIXTURE LIGHTING FIXTURE NOTATION A, 1, b INDICATES: A = FIXTURE TYPE, REFER TO SCHEDULE 1 = CIRCUIT NUMBER b = SWITCH CONTROLLING FIXTURE ab =BI-LEVEL/DUAL SWITCH CONTROL 1bA 1. ALL SYMBOLS ARE NOT NECESSARILY USED IN THIS PROJECT. 2. IT IS THE INTENT OF THESE DRAWINGS AND SPECIFICATIONS TO ESTABLISH A STANDARD OF QUALITY. THE ENGINEER RESERVES THE RIGHT TO ALLOW OTHER METHODS AND MATERIALS NOT REFLECTED HEREIN. THE CONTRACTOR SHALL BE RESPONSIBLE TO REQUEST THE ENGINEER WAIVE THE STANDARDS TO ALLOW ALTERNATE MEANS AND METHODS PRIOR TO BEGINNING THE PROJECT. CONTRACT DOCUMENT REVISIONS TO ACCOMMODATE INSTALLED CONDITIONS, WITHOUT PRIOR APPROVAL, WILL RESULT IN ADDITIONAL DESIGN CHARGES TO THE CONTRACTOR. 3. ELECTRICAL WORK SHALL BE PERFORMED IN A WORKMANLIKE MANNER IN ACCORDANCE WITH THE NECA INSTALLATION STANDARDS TO THE SATISFACTION OF THE ARCHITECT AND ENGINEER. 4. WORK, MATERIALS AND EQUIPMENT SHALL CONFORM TO THE CURRENTLY ACCEPTED EDITION OF APPLICABLE NATIONAL, STATE AND CITY CODES AND ORDINANCES. 5. ELECTRICAL SYSTEM COMPONENTS SHALL BE LISTED OR LABELED BY UL OR OTHER RECOGNIZED TESTING FACILITY AS ALLOWED BY AUTHORITY HAVING JURISDICTION. 6. WHERE AN APPARENT DISCREPANCY EXISTS BETWEEN THE REQUIREMENTS OF THE GENERAL NOTES AND INFORMATION PORTRAYED IN THE ELECTRICAL DRAWINGS, THE CONTRACTOR SHALL INCLUDE IN HIS BID THE COST OF THE GREATER QUALITY OR QUANTITY. 7. CONTRACTOR SHALL VISIT JOB SITE PRIOR TO BID AND VERIFY EXISTING CONDITIONS. CONTRACTOR SHALL INCLUDE IN BASE BID COSTS REQUIRED FOR PERMITS AND INSPECTIONS. 8. CONTRACTOR SHALL VERIFY, WITH OWNER'S REPRESENTATIVE PRIOR TO SUBMITTING BID, ALLOWABLE WORKING HOURS, EMPLOYEE PARKING AREAS, MATERIAL DELIVERY, STORAGE REQUIREMENTS, DEMOLITION AND REMOVAL OF CONSTRUCTION DEBRIS, AS WELL AS DAILY CLEAN UP REQUIREMENTS. INCLUDE COSTS IN BID FOR DUST BARRIERS, DUMPSTERS ETC. AS REQUIRED FOR THE DURATION OF THE PROJECT. PERFORM WORK AS DIRECTED BY OWNER'S REPRESENTATIVE AND ARCHITECT. 9. ELECTRICAL SYSTEMS SHALL BE TESTED FOR PROPER OPERATION. IF TESTS SHOW THAT WORK IS DEFECTIVE, CONTRACTOR SHALL MAKE NECESSARY CORRECTIONS. 10. CONTRACTOR SHALL GUARANTEE WORK AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP WHICH MAY OCCUR UNDER NORMAL USE FOR A PERIOD OF ONE YEAR AFTER OWNER'S ACCEPTANCE. DEFECTS SHALL BE PROMPTLY CORRECTED BY CONTRACTOR WITHOUT ADDITIONAL CHARGE TO OWNER. 11. PROVIDE AS-BUILT DRAWINGS TO ARCHITECT. DRAWINGS SHALL INCLUDE ACCURATE CONDUIT AND DEVICE LOCATIONS DIMENSIONED FROM PERMANENT LANDMARKS SUCH AS BUILDING WALLS. 12. DO NOT SCALE ELECTRICAL DRAWINGS. VERIFY EXACT LOCATION OF ALL DEVICES, JUNCTION BOXES, LIGHTING FIXTURES, WITH ARCHITECTURAL AND INTERIOR DESIGN DRAWINGS PRIOR TO INSTALLATION. CONTRACTOR SHALL VERIFY THE EXACT LOCATION OF MECHANICAL EQUIPMENT AND OTHER EQUIPMENT REQUIRING ELECTRICAL CONNECTION PRIOR TO ROUGH-IN. EVERY OUTLET HEIGHT SHALL BE VERIFIED ON EACH WALL WITH THE INTERIOR PLANNING AND DESIGN DRAWINGS. COORDINATE WITH CABINET SHOP DRAWINGS TO ENSURE PROPER HEIGHT AND LOCATION WITH RESPECT TO MILLWORK, EQUIPMENT. 13. THESE DRAWINGS INDICATE THE FINISHED REQUIREMENTS FOR THE ELECTRICAL SYSTEMS, EQUIPMENT, LIGHTING FIXTURES, OUTLETS AND DEVICES. DUE TO STRUCTURAL CONDITIONS, MECHANICAL DUCT, PIPING CONFLICTS, OR OTHER LEGITIMATE REASONS, THE CONTRACTOR MAY DESIRE TO INSTALL THE WORK INDICATED IN A MANNER DIFFERENT FROM THAT SHOWN. SUCH CHANGES SHALL BE PRESENTED TO THE OWNER'S REPRESENTATIVE FOR REVIEW AND APPROVAL PRIOR TO PROCEEDING. UPON APPROVAL, THE WORK SHALL BE PERFORMED AND THE AS-BUILT DRAWINGS SHALL BE REVISED TO ACCURATELY REFLECT THE WORK AS ACTUALLY INSTALLED. 14. RACEWAY SYSTEMS ARE SHOWN DIAGRAMMATICALLY. ACTUAL LOCATION AND ROUTING SHALL BE DETERMINED BY CONTRACTOR TO SUIT FIELD CONDITIONS. 15. PROVIDE DEDICATED NEUTRAL FOR EACH NEW CIRCUIT. HOME RUN CONDUCTORS MAY BE COMBINED INTO ONE CONDUIT. NO RACEWAY OR CABLE SHALL CONTAIN MORE THAN NINE (9) CURRENT CARRYING CONDUCTORS. WHERE MULTIPLE CONDUCTORS IN EXCESS OF THREE (3) ARE INDICATED ON THESE DRAWINGS, THEY HAVE BEEN DERATED AS REQUIRED BY NEC ARTICLE 310 REQUIREMENTS. 16. WHERE ALLOWED, MC CABLE MAY BE INSTALLED PER NEC ARTICLE 330. WHERE MULTIPLE CABLES ARE ROUTED ADJACENT TO EACH OTHER (BUNDLED), A MINIMUM SEPARATION OF ONE (1) CABLE DIAMETER (LARGEST) SHALL BE REQUIRED. 17. PLASTIC CABLE TIES SHALL NOT BE USED AS A MEANS OF SUPPORT FOR MC CABLE. USE ONLY APPROVED CABLE SUPPORTS PER CABLE MANUFACTURER'S INSTALLATION REQUIREMENTS. 18. RACEWAYS SHALL BE INSTALLED CONCEALED (IN CMU OR OTHER WALL) WHENEVER POSSIBLE. RACEWAYS INSTALLED EXPOSED SHALL BE ROUTED OUT OF PUBLIC VIEW AS MUCH AS POSSIBLE. RACEWAYS SHALL BE RUN PARALLEL WITH, OR AT RIGHT ANGLE TO WALLS. 19. PROVIDE APPROVED EXPANSION FITTINGS WHERE RACEWAYS CROSS BUILDING EXPANSION JOINTS. PROVIDE BONDING JUMPER(S) SIZED PER CODE WHERE REQUIRED. PROVIDE FITTINGS REQUIRED FOR A COMPLETE INSTALLATION. REFER TO ARCHITECTURAL DRAWINGS FOR EXPANSION JOINT LOCATION(S). 20. MINIMUM RACEWAY SIZE SHALL BE 1/2". MINIMUM HOMERUN SIZE SHALL BE 3/4". MINIMUM CONDUCTOR SIZE SHALL BE #12 AWG U.N.O. TYPICAL. POWER RELATED CONDUITS SHALL HAVE A CODE SIZE GROUND WIRE INSTALLED IN EACH RUN. 21. CONTRACTOR SHALL PROVIDE PULL CORDS IN ALL EMPTY CONDUITS. WHERE MORE THAN ONE CONDUIT TERMINATES IN A JUNCTION BOX, THE CONTRACTOR SHALL IDENTIFY EACH CONDUIT AND JUNCTION BOX IN A MANNER ALLOWING IDENTIFICATION AFTER WALL FINISHES HAVE BEEN APPLIED. 22. CONTRACTOR SHALL PROVIDE RACEWAY SYSTEMS INDICATED ON THE DRAWING PER NEC REQUIREMENTS AND GENERAL NOTES. ANY DEVIATION FROM THE WIRING METHODS INDICATED SHALL BE ALLOWED ONLY BY SPECIFIC WRITTEN APPROVAL FROM EITHER THE ARCHITECT, ENGINEER OR OWNER. CONTRACTOR'S BID SHALL INCLUDE COSTS FOR RACEWAY SYSTEMS AS SPECIFIED UNLESS SPECIFIC WRITTEN APPROVAL FOR AN ALTERNATIVE WIRING METHOD IS OBTAINED FROM EITHER THE ARCHITECT, ENGINEER OR OWNER AND IS SUBMITTED AS PART OF CONTRACTOR'S FORMAL BID PROPOSAL. 23. CONTRACTOR SHALL BE RESPONSIBLE FOR CORRECT SIZE AND INSTALLATION OF OUTLET, PULL AND JUNCTION BOXES IN ACCORDANCE WITH NEC 314-16. BOXES SHALL BE MINIMUM 4" SQUARE BY 1-1/2" DEEP OR AS INDICATED ON THE DRAWINGS. BOXES SHALL BE RECESSED WITH COVER PLATE TO SUIT THE INTENDED APPLICATION. 24. REFER TO THE ARCHITECTURAL REFLECTED CEILING PLAN(S) FOR EXACT LOCATION OF CEILING MOUNTED LIGHTING FIXTURES. ARCHITECTURAL DRAWINGS SHALL GOVERN IN CASE OF CONFLICT WITH THESE DRAWINGS. 25. PRIOR TO INSTALLATION, CONTRACTOR SHALL REVIEW THE COMPLETE SET OF CONSTRUCTION DOCUMENTS FOR CONFLICTS WITH OTHER TRADES. CONTRACTOR SHALL BE RESPONSIBLE TO COORDINATE WORK WITH OTHER TRADES TO AVOID CONFLICT DURING INSTALLATION. CONTRACTOR SHALL MAKE MINOR ADJUSTMENTS IN EQUIPMENT LOCATION AND ROUTING AS NECESSARY. 26. CONTRACTOR SHALL BE RESPONSIBLE TO PROPERLY CUT AND PATCH EXISTING CONSTRUCTION AS REQUIRED TO INSTALL NEW ELECTRICAL WORK PATCHING SHALL BE OF THE SAME MATERIALS, WORKMANSHIP AND FINISH AS THE EXISTING WORK AND SHALL ACCURATELY MATCH SURROUNDING WORK TO THE SATISFACTION OF THE ARCHITECT. 27. ELECTRICAL EQUIPMENT SHALL HAVE SUFFICIENT GUTTER SPACE AND LUGS TO ACCOMMODATE QUANTITY AND SIZE OF CONDUCTORS REQUIRED. CONTRACTORS SHALL PROVIDE EQUIPMENT WITH OVERSIZED ENCLOSURES WHERE REQUIRED. 28. NEW PANELBOARDS AND SWITCHBOARDS SHALL BE OF THE SAME MANUFACTURER AND HAVE LOCKING DOORS AND BE KEYED THE SAME U.N.O. 29. PROVIDE TYPE WRITTEN UPDATED PANEL DIRECTORY TO BE MOUNTED ON INSIDE OF PANEL DOOR COVERS. DIRECTORY SHALL REFLECT ADDITIONS OR MODIFICATIONS TO EXISTING PANELS AND SHALL REFLECT ACTUAL "AS-BUILT" CONDITIONS. 30. VERIFY DEVICE COLOR AND MOUNTING ORIENTATION (VERTICAL OR HORIZONTAL) WITH ARCHITECTURAL AND INTERIOR DESIGN DRAWINGS PRIOR TO ORDERING ANY EQUIPMENT AND PROVIDE DEVICES AS REQUIRED. UNLESS NOTED OTHERWISE, DEVICES AND DEVICE PLATES SHALL BE WHITE IN COLOR. 31. WHERE MOTORS ARE INSTALLED IN SUSPENDED CEILINGS, CONTRACTOR SHALL PROVIDE DISCONNECT SWITCH IN SUSPENDED CEILING WITHIN REACH FROM ACCESS POINT. 32. SIZING OF MOTOR-RELATED ELECTRICAL COMPONENTS, INCLUDING FEEDER AND/ OR BRANCH CIRCUITS (WIRE AND CONDUIT) AND OVERCURRENT PROTECTION (BREAKER AND/ OR FUSES) IS BASED ON RATINGS INDICATED IN THE CONTRACT DOCUMENTS AS WELL AS NEC APPROXIMATED LOADS FOR A GIVEN MOTOR HORSEPOWER, VOLTAGE AND PHASE. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY ACTUAL MOTOR AND APPLIANCE RATING AND LOADS. CONTRACTOR TO PROVIDE CORRECTLY SIZED MOTOR OVERLOAD ELECTRICAL COMPONENTS BASED ON NAMEPLATE RATING. REFLECT CHANGES IN THE AS-BUILT DRAWINGS. 33. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS TO ARCHITECT FOR REVIEW OF THE FOLLOWING EQUIPMENT: a. ELECTRICAL SWITCHGEAR: SWITCHBOARDS, WITH PANELS, MOTOR CONTROL CENTERS AND SAFETY DEVICES. b. OVERCURRENT DEVICES: CIRCUIT BREAKERS AND FUSES INCLUDING TIME/CURRENT TRIP CURVES. c. LIGHTING FIXTURES: INDOOR/OUTDOOR AS SPECIFIED, PHOTOMETRIC d. PERFORMANCE DATA AND LAMPS. e. DEVICES: SWITCHES, RECEPTACLES, MOTOR CONTROLLERS AND DEVICE PLATES. 34. EQUIPMENT ELECTRICAL TERMINATIONS TO UNDERGO A TORQUE TEST. ELECTRICAL CONTRACTOR IS RESPONSIBLE FOR MANUFACTURER'S RECOMMENDED TORQUE DOCUMENTATION AND TOOLS TO PERFORM TORQUE TEST. 35. UNDERGROUND SERVICE CONDUITS SHALL BE SEALED PER NEC ARTICLE 230-8. 36. FLOOR MOUNTED ELECTRICAL EQUIPMENT SHALL BE MOUNTED ON A 4" HIGH CONCRETE PAD. 37. INSTALL TRANSFORMER FOLLOWING MANUFACTURER'S RECOMMENDATIONS FOR VENTILATION CLEARANCES. 38. COORDINATE ELECTRICAL REQUIREMENTS FOR PLUMBING AND MECHANICAL EQUIPMENT WITH FINAL CONTRACTOR SELECTION. THE CONTRACTOR SHALL SIZE DISCONNECTS BASED UPON CIRCUIT BREAKER RATINGS AND PROVIDE FUSING AS REQUIRED PER EQUIPMENT MANUFACTURER RECOMMENDATIONS AND U.L. LISTING REQUIREMENTS. 39. PROVIDE 10 AWG CONDUCTORS FOR 20 AMPERE, 120V BRANCH CIRCUITS LONGER THAN 75' AND 8 AWG CONDUCTORS FOR 20 AMPERE, 120V BRANCH CIRCUITS LONGER THAN 120'. PROVIDE 10 AWG CONDUCTORS FOR 20 AMPERE, 277V BRANCH CIRCUITS LONGER THAN 200'. 40. ALL ELECTRICAL EQUIPMENT SHALL BE LABELED, LISTED, OR CERTIFIED BY A NATIONALLY RECOGNIZED TESTING LABORATORY ACCREDITED BY THE UNITED STATES OCCUPATIONAL SAFETY HEALTH ADMINISTRATION. 41. ALL NEW CIRCUIT BREAKERS INSTALLED IN PANELS SHALL MATCH THE HIGHEST EXISTING AIC RATED CIRCUIT BREAKER WITHIN THAT BOARD. INSPECTOR TO VERIFY HIGHEST AIC RATING AT THE SITE." ELECTRICAL SYMBOL LIST ELECTRICAL GENERAL NOTES, ABBREVIATIONS, SYMBOLS AND SHEET INDEX E-001 Sheet List Table Sheet Number Sheet Title E-001 GENERAL NOTES, ABBREVIATIONS, SYMBOLS AND SHEET INDEX E-002 ELECTRICAL SPECIFICATIONS E-011 ELECTRICAL SITE PLAN E-012 ELECTRICAL SITE PLAN - PHOTOMETRY ELECTRICAL DETAILS E-003 ELECTRICAL LOAD SCHEDULE E-111 NOTE: ALL LIGHTING FEATURED IN THESE PLANS ARE POWERED BY SOLAR ENERGY. LED DOWNLIGHT RECESSED OR SURFACE

J JUNCTION BOX

Design: Date: Job No: Description: of Sheet12-6-23 2267 2221 East Winston Road, Suite A
Anaheim, California 92806
Phone 714-776-4340 Fax 714-776-4395
www.hailandarch.com LA#1710
Hirsch & Associates, Inc.

Landscape Architecture & Planning Project: 2267

STERNS PARK

CITY OF LOS ALAMITOS
3871 FARQUHAR AVENUE
LOS ALAMITOS, CA 90720
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O I S M. Exp. 06-30-25 DATE SIGNED DATE SIGNED 11/20/2023 ELECTRICAL SPECIFICATIONS E-002 A. MATERIALS 1. MATERIALS SHALL BE NEW AND OF QUALITY AS SPECIFIED ON THE PLANS OR SPECIFICATIONS AND MUST CARRY THE UNDERWRITER'S LABORATORIES APPROVAL COVERING THE PURPOSE FOR WHICH THEY ARE USED, IN ADDITION TO MEETING REQUIREMENTS OF THE CURRENT APPLICABLE CODES AND REGULATIONS. B. CONDUIT 1. ALL WIRING SHALL BE INSTALLED IN LISTED METALLIC CONDUIT EXCEPT AS PERMITTED BELOW. RGS, WITH A 20 MIL PVC COATING WILL BE USED WHEN IN CONTACT WITH EARTH. IMC MAY BE USED IN INDOOR LOCATIONS NOT IN CONTACT WITH THE EARTH. EMT MAY BE USED IN INDOOR LOCATIONS NOT IN CONTACT WITH EARTH, NOT IN CONCRETE SLABS OR WALLS AND NOT SUBJECT TO DAMAGE. PVC MAY BE USED IN OR BELOW CONCRETE AND DIRECT BURIED IN EARTH. FLEXIBLE STEEL CONDUIT SHALL BE USED FOR INDOOR FINAL CONNECTIONS TO EQUIPMENT IN LENGTHS NOT TO EXCEED 72". LIQUID-TIGHT FLEXIBLE STEEL CONDUIT SHALL BE FOR OUTDOOR FINAL CONNECTIONS TO EQUIPMENT NOT TO EXCEED 36". 2. WHERE CONDUIT ENTERS OUTLET BOXES, FIXTURES OR CABINETS, FIRMLY FASTEN WITH STEEL SET SCREW, COMPRESSION CONNECTORS, OR DOUBLE LOCKNUTS FOR GRC. CONNECTIONS SHALL HAVE BUSHINGS OR INSULATED THROAT CONNECTORS. FIRMLY FASTEN CONDUIT TO THE BUILDING CONSTRUCTION. RUN EXPOSED CONDUIT PARALLEL TO THE BUILDING LINES, SUPPORTED BY APPROPRIATE HANGERS (UNISTRUT, T & B OR APPLETON, OR EQUAL). 3. COVER METALLIC CONDUIT IN CONTACT WITH EARTH WITH POLYETHYLENE TAPED SPIRAL WRAPPED, 1/2 LAPPED TO PROVIDE 20 MIL. THICKNESS. TAPE SHALL BE SCOTCH NO. 50 TAPE. CONDUIT AND DUCTS NOT UNDER BUILDINGS AND FEEDER DUCTS SHALL BE INSTALLED PER N.E.C. 300-5. MAKE JOINTS WITH COMPOUND TO BE WATERTIGHT. 4. FITTINGS AND CONDUIT BODIES SHALL BE STEEL. NO DIECAST FITTINGS. 5. CONDUIT SIZES SHALL BE AS REQUIRED BY CODE AND AS INDICATED OR SPECIFIED. 6. EMPTY CONDUIT SYSTEMS SHALL HAVE A NYLON PULL STRING TO FACILITATE INSTALLATION OF FUTURE WIRE. 7. SCHEDULE 40 PVC CONDUIT SHALL BE PERMITTED UNDERGROUND WITH PROPER FITTINGS, UL APPROVED AND CEMENTED JOINTS. PENETRATIONS THROUGH FLOOR SLABS AND BENDS GREATER THAN 22° SHALL BE WRAPPED RIGID GALVANIZED STEEL ELBOWS. 8. CONDUITS AND OUTLETS SHALL BE CONCEALED WITH THE BUILDING STRUCTURE, EXCEPT THAT CERTAIN MOTOR AND LIGHTING FEEDER CONDUITS MAY BE RUN EXPOSED IN CERTAIN AREAS AS INDICATED ON THE DRAWINGS. CONDUIT SHOWN TO BE INSTALLED IN CABINETS, COUNTERS, AND CASEWORK SHALL BE RUN AS DIRECTED BY THE ARCHITECT. 9. CONDUIT SYSTEMS SHALL HAVE A CODE SIZED COPPER GROUND CONDUCTOR INCREASE CONDUIT SIZE AS REQUIRED. 10. CONDUIT PENETRATION THROUGH ROOF SHALL HAVE ROOF FLASHING WITH CAULK TYPE COUNTER FLASHING SLEEVE. INSTALLATION SHALL BE WATERTIGHT. 11. CONDUITS SHALL BE ROUTED SURFACE ON THE STRUCTURE, PARALLEL AND PERPENDICULAR TO THE STRUCTURE. C. OUTLET, PULL, AND JUNCTION BOXES 1. EACH SWITCH, LIGHT. RECEPTACLE OR OTHER OUTLET SHALL BE PROVIDED WITH A CODE GAUGE, GALVANIZED STEEL OUTLET BOX. JUNCTION AND PULL BOXES SHALL BE CODE GAUGE, GALVANIZED STEEL. OUTLET BOXES SHALL BE OF THE ONE PIECE, KNOCKOUT TYPE, IN GENERAL 4" SQUARE WITH PLASTER RING. PLASTER RINGS SHALL BE SET TO PROVIDE NOT MORE THAN 1/8" FROM WALL SURFACE TO RING. IN NO CASE SHALL PLASTER RING PROJECT BEYOND SURFACE OF WALL. SINGLE GANG RINGS SIMILAR TO STEEL CITY 52050 SHALL BE USED FOR 4" BOXES IN UNFINISHED BRICK NUMBER 180 BOXES MAY BE USED FOR UNFINISHED MASONRY FLUSH WALL OUTLETS. CENTER OUTLET BOXES IN BLOCK COURSE. 2. BOXES INSTALLED IN POURED CEMENT FLOORS SHALL BE FLUSH TYPE CAST IRON OR STEEL WITH WATERTIGHT GASKETED COVERS. WHERE BOXES ARE INSTALLED IN FLOORS WITH TILE OR CARPET FLOOR COVERING, COVERS SHALL BE OF THE RECESSED TYPE TO ACCOMMODATE THE FLOOR COVERING. 3. BOXES INSTALLED FOR THE ALARM, COMPUTER, AND SECURITY SYSTEM SHALL BE PROVIDED WITH APPROPRIATE COVER PLATES. 4. BOXES FOR TELEPHONE, COMPUTER, T.V., FIRE ALARM, SECURITY, AND SIMILAR SYSTEMS SHALL BE MINIMUM 4" SQUARE AND 2-1/8" DEEP. D. PANEL BOARDS 1. CIRCUIT BREAKER TYPE AS INDICATED ON DRAWINGS. UNLESS INDICATED OTHERWISE, PANELS SHALL HAVE PANEL BOARD TYPE CONSTRUCTION WITH BOLT-ON CIRCUIT BREAKERS FOR 3Ø PANELS. MANUFACTURERS SHALL BE GENERAL ELECTRIC, SQUARE D, SIEMENS, CUTLER-HAMMER OR EQUAL WITH VOLTAGE, SIZES, AND RATINGS AS INDICATED ON DRAWINGS. 2. THE CIRCUIT BREAKERS SHALL BE OPERABLE IN ANY POSITION AND BE REMOVABLE FROM THE FRONT OF THE PANEL BOARD WITHOUT DISTURBING THE ADJACENT UNITS. BRANCH BREAKERS SHALL BE OF SUCH DESIGN THAT COMBINATION OF SINGLE-POLE, DOUBLE-POLE, AND THREE-POLE BREAKERS CAN BE ASSEMBLED ON THE SAME PANEL. EACH BRANCH CIRCUIT SHALL BE CLEARLY NUMBERED. BRANCH AND MAIN TERMINALS SHALL BE OF THE SOLDERLESS TYPE. HANDLE TIES TO FORM MULTI-POLE BREAKERS NOT ACCEPTABLE. 3. WIRE TERMINATION FOR PANEL BOARDS AND CIRCUIT BREAKERS SHALL BE LISTED AS SUITABLE FOR 75 DEGREES C. 4. PROVIDE A TYPEWRITTEN CIRCUIT INDEX BEHIND CLEAR PLASTIC COVER ON INSIDE OF DOOR. INFORMATION SHALL INCLUDE ROOM AND TYPE LOAD SERVED. CIRCUIT BREAKERS SHALL BE IDENTIFIED, INCLUDING SPARES. INDEX CARD FRAME SHALL BE METAL, SECURED TO DOOR. 5. WHERE PANEL BOARDS ARE INSTALLED FLUSH WITH THE WALLS, EXTEND EMPTY CONDUITS FORM THE PANEL BOARD TO AN ACCESSIBLE SPACE ABOVE OR BELOW. PROVIDE 3/4" (MINIMUM SIZE) CONDUIT FOR EVERY THREE SINGLE SPARE CIRCUIT BREAKERS OR SPACE OR EQUIVALENT MULTI-POLE ARRANGEMENT, OR FRACTION THEREOF, BUT NOT LESS THAN TWO CONDUITS FOR EACH PANEL. 6. PANEL BOARDS TO BE PROVIDED WITH COPPER BUSSING ONLY. 7. LOAD CENTERS SHALL NOT BE ALLOWED UNLESS NOTED OTHERWISE. 8. NEW PANELBOARDS SHALL COMPLY WITH NEC ARTICLE 110.16. EQUIPMENT MANUFACTURERS SHALL PROVIDE WARNING LABELS FOR PANELBOARDS, GENERATORS, AUTOMATIC TRANSFER SWITCHES TO WARN QUALIFIED PERSONS OF POTENTIAL ELECTRIC ARC FLASH HAZARDS. THE MARKING SHALL BE LOCATED SO AS TO BE CLEARLY VISIBLE TO QUALIFIED PERSONS BEFORE EXAMINATION, ADJUSTMENT, SERVICE, OR MAINTENANCE OF THE EQUIPMENT. E. WIRE 1. CONDUCTOR SIZES SHOWN ON THE DRAWINGS ARE BASED ON COPPER WIRE. UNLESS OTHERWISE SPECIFIED, WIRE SHALL BE TYPE XHHW FOR FEEDERS OR BRANCH CIRCUITS LARGER THAN 4 AWG, TYPE THHN/THWN INSULATION FOR FEEDERS AND BRANCH CIRCUITS 4 AWG AND SMALLER. BRANCH CIRCUIT WIRING SHALL BE COPPER. SERVICE AND PANEL FEEDERS #1/0 AND LARGER MAY BE ALUMINUM, PROVIDED THE CONDUCTOR SIZES ARE INCREASED FOR EQUAL OR GREATER AMPACITY AND EQUAL OR LESS EQUIVALENT VOLTAGE DROP. INCREASE CONDUIT SIZE AS REQUIRED. THE WIRES SHALL BE MARKED WITH COLOR TO SIMPLIFY CIRCUIT IDENTIFICATION. UNLESS OTHERWISE REQUIRED BY LOCAL ORDINANCES GROUND WIRES SHALL BE GREEN, NEUTRAL WIRES SHALL BE 120V- WHITE, 277V- GRAY, AND LIVE WIRES 208Y/120V AND 120/240 SHALL BE BLACK (PHASE A), RED (PHASE B), AND BLUE (PHASE C). FOR 480Y/277V CIRCUITS, THE COLOR CODE SHALL BE BROWN (PHASE A), ORANGE (PHASE B), AND YELLOW (PHASE C). THE WIRE SHALL BE 12 AWG UNLESS OTHERWISE INDICATED. CIRCUIT SHALL BE LABELED IN EACH J-BOX. 2. WHERE ALUMINUM WIRE IS USED, ALUMINUM CONDUCTOR MATERIAL SHALL COMPLY WITH N.E.C. 310-14 AND CONNECTIONS AND TERMINATIONS SHALL BE MACHINE COMPRESSION TYPE EQUAL TO BURNDY "HI PLUG" OR "MACADAPT", NO EXCEPTIONS. 3. NO WIRE SHALL BE INSTALLED IN THE CONDUIT SYSTEM UNTIL THE CONDUIT SYSTEM IS COMPLETE. USE MINERALAC NO. 100 OR EQUIVALENT AS A LUBRICANT TO FACILITATE THE INSTALLATION OF THE CONDUCTORS IN THE CONDUIT SYSTEM. 4. SPLICES IN EXTERIOR PULL BOXES AND MANHOLES SHALL BE WEATHERPROOF USING "SCOTCHCAST" SPLICE KIT OR APPROVED EQUAL. SEAL ENDS OF CONDUITS AND DUCTS WITH "DUCTSEAL" OR APPROVED EQUAL. 5. PROVIDE SOLID CONDUCTOR FOR 12 AWG AND SMALLER. F. WIRING DEVICES 1. WALL SWITCHES SHALL BE SPECIFICATION GRADE AC SILENT TYPE SWITCHES, 20A, 120/277 VOLT. 2. RECEPTACLES SHALL BE SPECIFICATION GRADE, DUPLEX TYPE, NEMA 5-20R, 20 AMPERE, 120 VOLT GROUNDED TYPE. SPECIAL APPLICATION RECEPTACLES SHALL BE INDICATED ON PLANS. MOUNT WITH THE GROUND DOWN. 3. DEVICE PLATES SHALL BE EQUAL TO SIERRA SMOOTH-LINE PLASTIC WALL PLATES. COLOR SHALL BE WHITE, UNLESS OTHERWISE NOTED. 4. RECEPTACLES IN OUTDOOR AND WET LOCATIONS SHALL BE INSTALLED WITH A HINGED OUTLET COVER/ENCLOSURE CLEARLY MARKED AND U.L. LISTED SUITABLE FOR WET LOCATIONS WHILE IN USE, EQUAL TO TAYMAC SPECIFICATION GRADE. G. LIGHTING FIXTURES 1. PROVIDE ALL LIGHTING FIXTURES, WIRED AND CONNECTED. THE DRAWINGS INDICATE THE FIXTURES FOR EACH LOCATION. PROVIDE LAMPS FOR FIXTURES. THE LAMPS SHALL BE BY THE SAME MANUFACTURER. VERIFY CEILING CONSTRUCTION BEFORE ORDERING RECESSED UNITS. PROVIDE PLASTER FRAMES AND HANGERS AS REQUIRED. CEILING CONSTRUCTION, ARCHITECTURAL ACCESSORIES, VOLTAGE, AND BALLASTS TO MEET THE EXISTING CONDITION. H. SYSTEM GROUNDING 1. GROUNDING SHALL COMPLY WITH REQUIREMENTS OF ARTICLE 250. EXPOSED NONCURRENT CARRYING METALLIC PARTS OF ELECTRICAL EQUIPMENT, METALLIC RACEWAY SYSTEMS, METALLIC CABLE ARMOR, GROUNDING CONDUCTOR OF NONMETALLIC SHEATHED CABLES, GROUNDING CONDUCTOR IN NONMETALLIC RACEWAYS, AND GROUNDED CONDUCTORS OF THE WIRING SYSTEM SHALL BE GROUNDED. 2. GROUNDING CONDUCTOR (NEUTRAL) OF THE WIRING SYSTEM SHALL BE CONNECTED TO THE SYSTEM GROUNDING CONDUCTOR AT A SINGLE PLACE IN EACH SYSTEM BY REMOVABLE BONDING JUMPERS, SIZED ACCORDING TO THE APPLICABLE PROVISIONS OF THE NATIONAL ELECTRICAL CODE. THE GROUNDED CONDUCTOR (NEUTRAL) TO THE GROUNDING CONDUCTOR CONNECTION SHALL BE LOCATED IN THE ENCLOSURE FOR THE SYSTEM'S OVERCURRENT PROTECTION OR WHERE OTHERWISE INDICATED ON THE PLANS OR SPECIFICATIONS. 3. A GROUND BUS SEPARATE FROM THE NEUTRAL BUS SHALL BE PROVIDED IN ALL SWITCHBOARDS AND PANELBOARDS. GROUND BUS SHALL BE RETORQUED (CHECKED) PRIOR TO ENERGIZING EQUIPMENT PER MANUFACTURER'S RECOMMENDATIONS. 4. GROUND BUSES AND NEUTRAL BUSES IN DISTRIBUTION PANELS, SWITCHBOARDS, PANELBOARDS, AND THOSE PROVIDED IN ANY EQUIPMENT SHALL BE ISOLATED EXCEPT WHERE REQUIRED TO BE CONNECTED AS SPECIFIED ABOVE FOR THE SERVICE ENTRANCE AND IN TRANSFORMER TERMINAL COMPARTMENTS. 5. WHEN INDICATED ON THE DRAWINGS, EQUIPMENT GROUNDING CONDUCTORS SHALL BE EXTENDED FROM THE GROUND BUS IN THE DISTRIBUTION EQUIPMENT TO THE RECEPTACLE, FIXTURE OR DEVICE LUGS WHERE THEY ARE PROVIDED. WHERE LUGS ARE NOT PROVIDED, EQUIPMENT GROUNDING CONDUCTORS SHALL BE CONNECTED TO EQUIPMENT ENCLOSURES. THE CONNECTIONS SHALL BE ARRANGED SUCH THAT REMOVAL OF THE RECEPTACLE, EQUIPMENT GROUND CONDUCTORS, OR GROUND JUMPERS FROM GROUND BUSING SHALL NOT AFFECT THE GROUND SYSTEM. 6. RACEWAYS MAY NOT BE USED AS A GROUNDING CONDUCTOR FOR POWER AND LIGHTING CIRCUITS. CONDUIT SHALL HAVE SEPARATE CODE SIZED GREEN GROUND WIRE INSTALLED IN THE CONDUIT TO INSURE A CONTINUOUS GROUNDING PATH. 7. IN INACCESSIBLE LOCATIONS, MAKE CONNECTIONS BY EXOTHERMIC WELD PROCESS. 8. IN ACCESSIBLE LOCATIONS, CONNECTIONS SHALL BE MADE WITH BOLTED THROUGH, APPROVED SOLDERLESS BRONZE GROUNDING DEVICES. 9. BOND TOGETHER METAL SIDING NOT ATTACHED TO GROUNDED STRUCTURE BOND TO GROUND. I. LIGHTING CONTROL 12. FURNISH AND INSTALL TIME SWITCHES, PHOTOCELLS, CONTACTORS AND FULL LIGHTING CONTROL SYSTEMS AS REQUIRED FOR LIGHTING CONTROLS INDICATED ON THE DRAWINGS. 13. TIME SWITCHES SHALL BE EQUAL TO PARAGON, GENERAL ELECTRIC, TORK, OR INTERMATIC AND SHALL HAVE SIZE AND NUMBER OF POLES AS REQUIRED. 14. PHOTOCELLS SHALL BE EQUAL TO TORK OR INTERMATIC WITH VOLTAGE AS INDICATED. J. GUARANTEE 1. GUARANTEE MATERIAL FURNISHED AND WORKMANSHIP PERFORMED FOR A PERIOD OF ONE YEAR FROM DATE OF FINAL ACCEPTANCE OF WORK. ANY DEFECTS DEVELOPING WITHIN THIS PERIOD, TRACEABLE TO MATERIAL FURNISHED AS A PART OF THIS SECTION OR WORKMANSHIP PERFORMED HEREUNDER, SHALL BE MADE GOOD AT NO EXPENSE TO THE OWNER. K. SHOP DRAWINGS AND APPROVALS 1. THE ITEMS SPECIFIED HEREIN AND ON DRAWINGS ARE USED AS A STANDARD OF QUALITY. ANY MATERIALS OF EQUAL QUALITY AND AESTHETIC VALUE WILL BE GIVEN CONSIDERATION AS A SUBSTITUTE FOR THE MATERIALS SPECIFIED. NO APPROVAL WILL BE GIVEN TO A SPECIFIC CATALOG NUMBER, MODEL, OR TYPE OF EQUIPMENT, PRIOR TO BIDDING. AFTER BIDDING, THE DECISION OF THE ARCHITECT AND/OR ENGINEER DETERMINING EQUAL MATERIALS WILL BE FINAL. 2. THE CONTRACTOR SHALL SUBMIT SEVEN (7) IDENTICAL BOUND SETS OF SHOP DRAWINGS ON THE FOLLOWING ITEMS: a. LIGHTING FIXTURE CUTS AND PERFORMANCE DATA. b. OUTLINE DRAWINGS AND DATA SHEETS OF EACH PANELBOARD AND SWITCHBOARD. c. OUTLINE DRAWINGS OF ALL SWITCHGEAR. 3. SUBMIT ITEMS AT ONE TIME IN A NEAT AND ORDERLY MANNER WITHIN 15 DAYS OF AWARD OF CONTRACT. PARTIAL SUBMITTALS WILL NOT BE ACCEPTABLE. L. RECORD AND AS-BUILT DRAWINGS 1. THE ELECTRICAL CONTRACTOR SHALL MAINTAIN A SET OF DRAWINGS AT THE JOB SITE FOR THE EXCLUSIVE PURPOSE OF MAINTAINING A RECORD OF WORK INSTALLED AND TO SHOW ANY DEVIATIONS FROM THE WORK INDICATED ON THE DRAWINGS. 2. AT THE COMPLETION OF THE PROJECT, ONE SET OF REPRODUCIBLE DRAWINGS, SHOWING AS-BUILT CONDITIONS, SHALL BE DELIVERED TO THE OWNER FOR ACCEPTANCE PRIOR TO FINAL PAYMENT. ELECTRICAL SPECIFICATIONS

Design: Date: Job No: Description: of Sheet12-6-23 2267 2221 East Winston Road, Suite A
Anaheim, California 92806
Phone 714-776-4340 Fax 714-776-4395
www.hailandarch.com LA#1710
Hirsch & Associates, Inc.

Landscape Architecture & Planning Project: 2267

STERNS PARK

CITY OF LOS ALAMITOS
3871 FARQUHAR AVENUE
LOS ALAMITOS, CA 90720
100% CD SET OF C A L I R SI EG N E C No. E22808 T L A S ET E E CT R I E S ETR V T E I N A A L FO R I GNE R N EE R D P OFE SS I O L N A N L CO I S M. Exp. 06-30-25 DATE SIGNED DATE SIGNED 11/20/2023 ELECTRICAL LOAD SCHEDULE E-003 METER PEDESTAL (TYPICAL FOR MPA AND MPB) NTS 1 NOTES SIDE VIEW 20.25'' METER READING WINDOW DEMAND RESET COVER, HINGED, PADLOCKABLE, AND SEALABLE NAME PLATE HINGED DOOR METER SAFETY SOCKET MANUAL BYPASS (TEST BLOCKS) W/SEALABLE COVER MAIN BREAKER LOAD CENTER 30 CIRCUIT NEUTRAL BAR *20" 3.0" *24.5" 48.0" HINGED HOOD REMOVEABLE METER SOCKET COVER METER SECTION SEALABLE LOCKABLE HASP P.E. CELL WINDOW LATCH CUSTOMER SECTION UTILITY LANDING LUGSREMOVEABLE UTILITY ACCESS COVER W/PADLOCK PADLOCK HASP 8.56" 6.00" 16.50" FRONT VIEW * CUSTOMER EQUIPMENT AREA 24.50 X 20.00 X 8.50 FRONT VIEW LESS DOOR, DEADFRONT, AND COVER 9 11 87 4 2 1 3 10 5 6 POUR CONCRETE BASE. SEE CONCRETE PAD DETAIL 9 ON SHEET E2.0. FINISH GRADE. UNDERGROUND SERVICE TO SCE POINT OF CONNECTION. 1/2" ANCHOR BOLTS. SEE CONCRETE PAD DETAIL 9 ON SHEET E2.0. PROVIDE (1) 20A DUPLEX RECEPTACLE. (VERIFY LOCATION WITH MANUFACTURER). PHOTOCELL WINDOW (VERIFY LOCATION WITH MANUFACTURER). CUSTOMER CONDUITS SEE FEEDERS ON SITE PLAN. (2) 2" PVC SCHED. 40 C. FOR BRANCH CIRCUITS. 10'x5/8" DIA. CU. GROUND ROD. SEE GROUND ROD DETAIL 3, ON THIS SHEET. GROUNDING ELECTRODE CONDUCTOR. TO NEAREST METALLIC WATER PIPE, IF AVAILABLE. 1234567 891011 MYERS CO. PACIFIC UTILITY PRODUCTS # USP24-M2100-112CTB-SD ALUMINUM ENCLOSURE UNDERGROUND SERVICE PEDESTAL (120/240V, 1Ø, 3W) SERVICE ENTRANCE RATED. CONTRACTOR TO VERIFY THAT PANEL(S) WITH CIRCUIT SPACES DESIGNATED ON LOAD SCHEDULE(S) OF THESE PLANS WILL PHYSICALLY FIT WITHIN THE ENCLOSURE, INCLUDING DUPLEX RECEPTACLE. 12 PROVIDE NEW ASTRONOMICAL TIME CLOCK. INTERMATIC ET1125C OR APPROVED EQUAL. 3" 2" 4" 3" 4"MINIMUM 24" TO TOP OF CONDUITS 48" TRENCH WIDTH AND DEPTH TO BE ADJUSTED FOR ALL POWER CONDUITS, COMMUNICATIONS/DATA CONDUITS AND OTHER TRADES (PIPING, ETC.) NATIVE OR IMPORTED SOIL TO 90% RELATIVE DENSITY UNDERGROUND WIRING TAPE "CAUTION-ELECTRICAL LINE BURIED BELOW" AS DISTRIBUTED BY SETON NAME PLATE CORP. OR EQUAL SCE PRIMARY OR SECONDARY CONDUITS (4") QUANTITY AS SHOWN ON PLANS. VERIFY UANTITY, DEPTH AND INSTALLATION WITH SCE ALL UNDERGROUND CONDUITS PVC SCH. 40 UNLESS NOTED OTHERWISE ON PLANS TYPICAL IMPORTED SAND/GRAVEL BEDDING W/O.5 MAX. AND S.E.= 30 OR GREATER. 90% CONDUIT SPACERS (SADDLES) - TYPICAL POWER CONDUITS PER PLANS FINISH GRADE 12" COMMUNICATION/DATA CONDUITS TO BE MINIMUM 12" FROM POWER CONDUITS THIS DETAIL TO VARY PER EXACT SITE REQUIREMENTS AND CONDUIT INSTALLATION ELECTRICAL TRENCH DETAIL NTS 3 GENERAL NOTES METER PEDESTAL (TYPICAL FOR MPA AND MPB) NTS 2 6'-0" MIN. BONDING JUMPER 1 #6 TEST GROUNDS SYSTEM TO COMPLY WITH 2019 CEC 250-52(5), 250-53(B) AND (C) BOND ALL SECTIONS OF PANEL. SUPPLEMENTAL GROUND ROD REQUIRED UNLESS 25 OHMS RESISTANCE TO GROUND CAN BE MEASURED AT FIRST GROUND ROD PER 2019 CEC, ARTICLE 250-53(A)(2). GROUND CLAMP WIRE TO GROUND ROD 8" DIAMETER CLAY SOIL PIPE FILL WITH CRUSHED ROCK AND COPPER SULFATE 5/8" MIN. DIA. COPPER OR ZINC COATED STEEL OR UL LISTED X 8'-0" LONG GROUND ROD 3/4" C. 1 #1/0 CU. GROUND CHRISTY F8 GROUND ROD BOX WITH LID 8-1/4"D X 11-3/4" FINISHED GRADE SWITCHBOARD GROUND BUS DRIVEN GROUND NTS 4 1. THE DESIGN PROFESSIONAL HAS PERFORMED ALL REQUIRED SHORT CIRCUIT CALCULATIONS AND THE AIC RATING INDICATED FOR EACH DEVICE IS ADEQUATE TO PROTECT THE EQUIPMENT AND THE ELECTRICAL SYSTEM. 2. THE DESIGN PROFESSIONAL HAS PERFORMED ALL REQUIRED VOLTAGE DROP CALCULATIONS AND ALL BRANCH CIRCUITS AND FEEDERS COMPLY WITH CEC 210-19(A) FPN NO. 4. 3. EACH SERVICE DISCONNECTING MEANS, AND THE EXTERIOR DOOR PROVIDING ACCESS TO THE DISCONNECTING MEANS, LOCATED IN AN APPROVED ELECTRICAL ROOM, SHALL BE PERMANENTLY MARKED WITH A 1 FOOT SQUARE YELLOW SIGN WITH 1" HIGH X 1/4" STROKE BLACK LETTERING OR NUMBERS AS REQUIRED BY CODE AND THE AUTHORITY HAVING JURISDICTION. 12

(N) 100A METER PEDESTAL "MP" W/ 100A MAIN CB 120/240V, 1PH, 3W, NEMA 3R LF-1B LF-1B LF-1B LF-1A LF-1A 1 2 TYP. OF ALL LF-2A LF-1A LF-1A JWPLF-3 MP-4 TYP. OF ALL 1 & 3 E-111 TYP. OF ALL POLES 17 E-111 Design: Date: Job No: Description: of Sheet12-6-23 2267 2221 East Winston Road, Suite A
Anaheim, California 92806
Phone 714-776-4340 Fax 714-776-4395
www.hailandarch.com LA#1710
Hirsch & Associates, Inc.

Landscape Architecture & Planning Project: 2267

STERNS PARK

CITY OF LOS ALAMITOS
3871 FARQUHAR AVENUE
LOS ALAMITOS, CA 90720
100% CD SET OF C A L I R SI EG N E C No. E22808 T L A S ET E E CT R I E S ETR V T E I N A A L FO R I GNE R N EE R D P OFE SS I O L N A N L CO I S M. Exp. 06-30-25 DATE SIGNED DATE SIGNED 11/20/2023 ELECTRICAL SITE PLAN E-011 GENERAL NOTES ELECTRICAL SITE PLAN AND LIGHTING FIXTURES SCHEDULE 1"=100' 1 N W S E 1. WORK INCLUDED: LABOR, MATERIAL, APPLIANCES, TOOLS, EQUIPMENT, FACILITIES, TRANSPORTATION AND SERVICES NECESSARY AND INCIDENTAL TO PERFORMING OPERATIONS IN CONNECTION WITH THE DEMOLITION, DISPOSAL, TRANSPORTATION AND RECONNECTION OF EXISTING REMAINING EQUIPMENT/DEVICES. COMPLETE AS INDICATED IN THE CONTRACT DOCUMENTS AS SPECIFIED HEREIN. 2. THE FOLLOWING IS INTENDED TO COVER THE COMPLETE DEMOLITION, DISPOSAL, TRANSPORTATION AND RECONNECTION OF EXISTING ELECTRICAL EQUIPMENT. THE OMISSION OF EXPRESSED REFERENCE TO ANY ITEM OF LABOR OR MATERIAL FOR THE PROPER EXECUTION OF THE WORK IN ACCORDANCE WITH PRESENT PRACTICE OF THE TRADE SHALL NOT RELIEVE THE CONTRACTOR FROM PROVIDING SUCH ADDITIONAL LABOR AND MATERIALS. 3. REFER TO THE CONTRACT DOCUMENTS FOR ADDITIONAL DEMOLITION REQUIREMENTS WHICH AFFECT THE PROPER EXECUTION OF THIS WORK. DIAGRAMS AND SYMBOLS SHOWING ELECTRICAL CONNECTIONS ARE DIAGRAMMATIC ONLY. WIRING DIAGRAMS DO NOT NECESSARILY SHOW THE EXACT PHYSICAL ARRANGEMENT OF THE EQUIPMENT. 4. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VISIT THE SITE AND BECOME THOROUGHLY FAMILIAR WITH FEATURES OF THE BUILDING AND SITE WHICH MAY AFFECT THE PROPER PERFORMANCE OF THIS WORK. 5. PORTIONS OF THESE PLANS HAVE BEEN DERIVED FROM INFORMATION TAKEN FROM ORIGINAL ELECTRICAL PLANS. THE INTENT OF THE DRAWINGS AND SPECIFICATIONS IS TO PROVIDE FOR THE REMOVAL AND DISPOSAL OF ELECTRICAL EQUIPMENT, LIGHTING FIXTURES, DEVICES, OUTLET BOXES, CONDUIT, WIRING AS DEFINED HEREIN AND AS INDICATED ELSEWHERE IN THE CONTRACT DOCUMENTS. 6. THE CONTRACTOR SHALL FIELD VERIFY EXISTING EQUIPMENT, DEVICES, AND/OR CIRCUITS THAT ARE REMAINING. CIRCUITS SHALL BE RECONNECTED TO NEW OR EXISTING POWER DISTRIBUTION EQUIPMENT AND FUNCTION IN THE MANNER THEY WERE ORIGINALLY DESIGNED. PROVIDE ADDITIONAL EQUIPMENT, DEVICES, OUTLET BOXES, CONDUIT, WIRING AS REQUIRED TO RESTORE CONTINUITY TO THESE CIRCUITS. 7. WHERE FIXTURES, EQUIPMENT, DEVICES ARE SPECIFIED BY THE CONTRACT DOCUMENTS FOR REMOVAL, THE CONTRACTOR SHALL REMOVE CIRCUIT CONDUCTORS/CABLING BACK TO THE NEAREST REMAINING JUNCTION BOX AND/OR POINT OF TERMINATION. 8. RELOCATION AND/OR REMOVAL OF EXISTING EQUIPMENT, DEVICES, OUTLET BOXES, CONDUIT, WIRING MAY AFFECT THE OPERATION OF EXISTING, REMAINING ELECTRICAL EQUIPMENT/DEVICES. THE CONTRACTOR SHALL PROVIDE ADDITIONAL MATERIALS AS REQUIRED TO MAINTAIN AND/OR RESTORE CONTINUITY OF SERVICE TO EXISTING, REMAINING ELECTRICAL/DEVICES. 9. PROVIDE NECESSARY DEMOLITION TO REMOVE EXISTING UNUSED RACEWAYS, CONDUCTORS, CABLING, OUTLET BOXES, RECEPTACLES, SWITCHES, EQUIPMENT. KEY NOTES 1 CONTRACTOR TO REMOVE THE EXISTING METER PEDESTAL AND REPLACE WITH NEW. VERIFY THE EXISTING LOADS ON THE EXISTING PEDESTAL AND MOVE TO NEW METER PEDESTAL AS REQUIRED. CONFIRM SOLAR LIGHT'S SEQUENCE OF OPERATION WITH THE CITY. CONTRACTOR TO VERIFY EXACT LOCATION OF LIGHTING WITH OWNER PRIOR TO INSTALLATION. 23 3

LF-1A MH: 13' LF-1B MH: 13' LF-1B MH: 13' LF-1A MH: 13 ' LF-1A MH: 13' LF-2A MH: 13' LF-3 MH: 10.045 LF-1A MH: 13' 1.8 2.0 2.3 2.9 3.9 1.0 0.9 0.9 1.1 1.8 4.0 8.7 11.6 7.5 4.0 3.1 3.3 2.8 2.1 2.0 2.1 2.3 3.0 4.2 4.8 4.5 4.0 3.4 2.5 1.8 1.2 0.5 0.7 1.0 1.3 1.7 2.2 2.7 2.8 2.5 2.0 1.5 1.3 1.2 1.3 2.2 5.2 13.1 18.0 1.7 2.1 4.1 4.7 3.9 2.7 2.3 2.1 2.1 2.8 4.0 4.9 4.9 4.7 4.2 3.2 2.3 1.5 0.6 0.9 1.2 1.7 2.3 3.1 3.5 3.5 3.2 2.6 2.1 1.6 1.4 1.4 2.1 4.2 8.7 11.1 7.8 5.2 5.1 6.6 5.4 3.5 2.6 2.0 1.8 2.4 3.4 4.4 5.1 5.2 5.0 4.2 2.9 1.9 0.7 1.0 1.4 1.9 2.5 3.1 3.5 3.6 3.3 2.8 2.3 1.9 1.6 1.4 1.7 2.5 3.9 4.8 4.8 4.9 6.2 8.4 7.0 4.5 3.0 2.0 1.6 2.1 2.9 4.0 4.9 5.5 5.6 4.7 3.5 2.4 0.9 1.2 1.6 2.0 2.4 2.8 3.1 3.1 3.0 2.7 2.3 1.9 1.5 1.4 1.4 1.6 1.9 2.6 3.4 4.4 6.3 8.7 7.6 5.0 3.2 2.1 1.6 2.0 2.8 3.8 4.8 5.6 5.8 4.9 3.8 2.6 1.1 1.4 1.8 2.1 2.4 2.6 2.7 2.8 2.7 2.5 2.3 2.0 1.7 1.5 1.4 1.4 1.6 2.1 3.0 4.0 5.5 7.8 6.8 4.7 3.4 2.4 1.9 2.3 3.1 3.9 4.7 5.4 5.7 5.0 3.8 2.7 1.1 1.5 1.9 2.2 2.5 2.7 2.7 2.7 2.6 2.4 2.2 2.0 1.8 1.6 1.5 1.6 1.7 2.2 3.0 3.8 4.8 6.5 5.8 4.4 3.6 2.9 2.5 2.8 3.4 4.1 4.8 5.4 5.6 4.9 3.9 2.8 1.2 1.6 2.0 2.4 2.8 3.0 3.0 2.9 2.6 2.4 2.1 1.9 1.8 1.7 1.7 1.9 2.1 2.7 3.3 3.9 4.6 5.7 5.4 4.5 4.0 3.6 3.2 3.3 3.7 4.3 4.9 5.5 5.7 5.1 3.9 2.7 1.2 1.6 2.0 2.6 3.1 3.5 3.6 3.2 2.8 2.3 2.0 1.8 1.7 1.7 1.9 2.2 2.7 3.3 3.8 4.3 4.8 5.5 5.4 5.0 4.7 4.3 3.9 3.8 4.0 4.4 4.9 5.5 5.5 4.7 3.5 2.3 1.0 1.4 1.9 2.5 3.1 3.5 3.6 3.3 2.7 2.2 1.8 1.6 1.6 1.8 2.0 2.6 3.2 4.0 4.5 4.8 5.1 5.4 5.6 5.5 5.4 4.9 4.5 4.1 4.0 4.2 4.6 4.8 4.5 3.8 2.7 1.7 0.8 1.1 1.4 1.9 2.5 2.8 2.9 2.6 2.1 1.7 1.5 1.4 1.5 1.7 2.1 2.7 3.6 4.4 4.9 5.0 4.9 5.0 5.1 5.1 5.0 4.8 4.2 3.8 3.6 3.6 3.6 3.5 3.2 2.7 1.9 1.2 0.9 1.2 1.6 1.9 1.9 1.6 1.4 1.3 1.2 1.1 1.2 1.4 1.7 2.3 3.1 3.7 4.1 4.2 3.9 3.9 3.9 4.0 4.0 3.8 3.3 2.9 2.7 2.6 2.5 2.3 2.0 1.7 1.3 0.7 1.0 1.2 1.1 1.0 0.9 0.8 0.8 0.8 0.9 1.0 1.3 1.6 2.2 2.8 3.0 2.9 2.7 2.7 2.7 2.8 2.9 2.6 2.3 2.1 1.9 1.8 1.6 1.4 1.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 0.4 0.3 0.3 0.3 0.2 0.2 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.3 0.3 0.2 0.2 0.2 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.3 0.3 0.3 0.4 0.4 0.5 0.5 0.5 0.5 0.5 0.4 0.4 0.4 0.3 0.3 0.3 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.3 0.3 0.3 0.4 0.4 0.5 0.5 0.5 0.5 0.5 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.3 0.3 0.3 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.3 0.3 0.3 0.3 0.3 0.4 0.4 0.4 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.10 0.210 0.210 0.210 0.2310 0.2310 0.3210 0.310 0.310 0.310 0.310 0.3210 0.3210 0.310 0.310 0.3210 0.3210 0.3210 0.3210 0.3210 0.3210 0.3210 0.310 0.3210 0.4310 0.4510 0.4620 0.57310 0. 0.5830 0.59830 0. 0.69820 0. 0.69720 0. 0.59620 0. 0.5910 0.59410 0. 0.59410 0. 0.58410 0. 0.68510 0. 0.68510 0. 0.68510 0. 0.6810 0.6820 0.6820 0.68520 0. 0.67420 0. 0.57310 0. 0.56210 0. 0.5210 0.5410 0.5410 0.4310 0.4310 0.4310 0.310 0.310 0.310 0.310 0.310 0.310 0.210 0.210 0.210 0.210 0.210 LF-1B MH: 13' Design: Date: Job No: Description: of Sheet12-6-23 2267 2221 East Winston Road, Suite A
Anaheim, California 92806
Phone 714-776-4340 Fax 714-776-4395
www.hailandarch.com LA#1710
Hirsch & Associates, Inc.

Landscape Architecture & Planning Project: 2267

STERNS PARK

CITY OF LOS ALAMITOS
3871 FARQUHAR AVENUE
LOS ALAMITOS, CA 90720
100% CD SET OF C A L I R SI EG N E C No. E22808 T L A S ET E E CT R I E S ETR V T E I N A A L FO R I GNE R N EE R D P OFE SS I O L N A N L CO I S M. Exp. 06-30-25 DATE SIGNED DATE SIGNED 11/20/2023 ELECTRICAL SITE PLAN - PHOTOMETRY E-012 GENERAL NOTES ELECTRICAL SITE PLAN - PHOTOMETRY 1"=100' 1 N W S E 1. THIS LIGHTING PHOTOMETRIC STUDY PLAN IS BASED ON LIGHTING FIXTURE MANUFACTURER PROVIDED LIGHTING IES FILES AND LIGHTING SOFTWARE TO CALCULATE SHOWN LIGHT LEVELS. THE LIGHTING DATA SUBMITTED DOES NOT INCLUDE INTERFERENCE TO LIGHT CAUSED BY LANDSCAPING, TREES OR OTHER MINOR OBSTACLES. IDS GROUP, INC. IS NOT RESPONSIBLE FOR LIGHT OUTPUT OBSTRUCTIONS OR THE ACCURACY OF THE LIGHTING MANUFACTURER'S DATA OR THE LIGHTING SOFTWARE PROGRAM UTILIZED FOR THIS STUDY. 2. CALCULATED LIGHT LEVELS ARE BASED ON SPECIFIC SITE PLAN INFORMATION THAT HAS BEEN SUPPLIED TO IDS GROUP, INC. ANY DIFFERENCES IN LUMINAIRE INSTALLATION, LIGHTED AREA GEOMETRY AND OBSTRUCTIONS (TREES, BUILDINGS, WALLS OR OTHER VERTICAL OBJECTS) IN THE LIGHTED AREA WILL PRODUCE DIFFERENT RESULTS FROM THESE PREDICTED VALUES. NORMAL TOLERANCES OF VOLTAGE, LAMP OUTPUT, BALLAST AND LUMINAIRE MANUFACTURE WILL ALSO AFFECT RESULTS. Luminaire Schedule Symbol Qty Label Arrangement Description 4 LF-1A SINGLE Clearworld RW260 T4 4K Gama 40w 1 LF-2A BACK-BACK Clearworld RW 280 T3 4K 30w 1 LF-3 SINGLE Pemco DMR44QF1X45U4KLP 3 LF-1B SINGLE Clearworld RW260 T4 4K Gama 40w W/ BACK SHIELD Calculation Summary Label CalcType Units Avg Max Min Avg/Min Max/Min Area Illuminance Fc 3.13 18.0 0.5 6.26 36.00 Spill Illuminance Fc 0.12 0.5 0.0 N.A. N.A. Spill_2 Illuminance Fc 0.17 0.9 0.0 N.A. N.A.

LIGHT FIXTURE 'LF-3' CUT SHEETS NTS 17 METER PEDESTAL CONCRETE PAD NTS 9 SOLAR POWER LIGHTS 'LF-1A', 'LF-1B' AND 'LF-2A' NTS
1 8" 24.75" 8" 40.75" 40" 8" 16.5" 15.5" 2" 8" 8" 8" ELEC. METER PEDESTAL. FRONT OF ENCL.

A FINISH GRADE PLAN VIEW SECTION A-A METER PEDESTAL 4" CAB INSTALL DRIVEN CV GROUND ELECTRODE 5/8" X 10' PER 250-81 (C), CALIFORNIA ELECTRICAL CODE. 55" 3 #4 EW SERVICE CONDUIT LOAD CONDUIT A 5 #4 EW METER PEDESTAL ENCLOSURE MOUNTING HOLES. TYPICAL OF 4 12.25" 14.25" ALUMINUM POLE SINGLE HEAD: CLEARWORLD RW260 DOUBLE HEAD: CLEARWORLD RW280 5" DIAMETER ROUND STRAIGHT ALUMINUM. FINISH AND COLOR TO MATCH FIXTURE. 12'-6" FIXTURE 'LF-1A' OR 'LF-1B' CLEARWORLD SINGLE HEAD: LF-1A= GAMA-FLB40-L-T4M-40K LF-1B= GAMA-FLB40-L-T4M-40K- BACK LIGHT SHIELD FIXTURE 'LF-2A' CLEARWORLD DOUBLE HEAD: GAMA-FLA30-L-T3M-40K *CONFIRM LIGHTING OPERATION PROFILE WITH OWNER PRIOR TO ORDERING. SIDEWALK 6" EPA = 0.283 SQ. FT. WEIGHT = 13.16 LBS WEIGHT = 209 LBS 16.34" FINISH GRADE 3'-0" 24" 3" 3000 PSI N. WT. CONC. FOUNDATATION ANCHOR BOLTS 0'-3" FURNISHED BY MANUFACTURER (4) 3/4" DIA X 18" DEEP W/ 4" HOOK F1554 GR. 55, IN 9.2" DIA BOLR CIRCLE FIELD VERIFY 8 #5 VERT. # 3@ 12"C/C TIES 3 #3 TIES @ TOP OF A.B. 2" 3" 24" 8 #5(V) #3 TIES @ 12" 4C 3000 PSI N. WT. CONC. FOUNDATATION 3 #3 TIES IN TOP 6" LIGHT FIXTURES 'LF-1A', 'LF-1B' AND 'LF-2A' NTS 3 Design: Date: Job No: Description: of Sheet12-6-23 2267 2221 East Winston Road, Suite A
Anaheim, California 92806
Phone 714-776-4340 Fax 714-776-4395
www.hailandarch.com LA#1710
Hirsch & Associates, Inc.

Landscape Architecture & Planning Project: 2267

STERNS PARK

CITY OF LOS ALAMITOS
3871 FARQUHAR AVENUE
LOS ALAMITOS, CA 90720
100% CD SET

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S M. Exp. 06-30-25 DATE SIGNED DATE SIGNED 11/20/2023 ELECTRICAL DETAILS E-111

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 20, 2024 ITEM NUMBER: 12A
To: Mayor Jordan Nefulda & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Appeal of the Planning Commission Denial of Site Development Permit (SDP) 23-01 Four-Unit Multiple-Family Residential Project

SUMMARY
Consideration of an appeal from Planning Commission denial of Site Development Permit (SDP) 23-01 to construct a 3,490 square-foot, three-story, four-unit building on a vacant parcel at 10912 Walnut Street (Applicant: Siraj Aboulhosn).

RECOMMENDATION

1. Open the Public Hearing; and,

2. Take testimony; and,

3. Make the CEQA finding that the project is subject to a Class 1 Categorical Exemption, pursuant to Section 15332, Class 32 (Infill development), and that a Notice of Exemption shall be prepared for the proposed project in accordance with the California Environmental Quality Act; and if appropriate; and,

4. Adopt Resolution No. 2024-08, entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT (SDP) 23-01 TO PERMIT CONSTRUCTION OF A 3,490 SQUARE FOOT, THREE-STORY, FOUR-UNIT BUILDING PROJECT ON A VACANT PARCEL AT 10912 WALNUT STREET IN THE MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3), APN 242- 202-06 (APPLICANT: SIRAJ ABOULHOSN)".

BACKGROUND
Applicant Siraj Aboulhosn
Project Location 10912 Walnut St., Los Alamitos, CA 90720 Notice The Public Notice was mailed out on January
3, 2024, to property owners and tenants
within 500 feet. Additionally, notice of this
hearing was published in the News
Enterprise on Wednesday, January 3, 2024.

Environmental If approved, a categorical exemption –
Section 15332, Class 32 (in-fill development
project) will be prepared for the proposed
project in accordance with the California
Environmental Quality Act (CEQA)
Guidelines.

Jurisdiction and Approval Criteria: Any decision of the Planning Commission may be appealed to the City Council. The
appeal hearing shall be de novo and the City
Council may approve, approve with
conditions, or disapprove the matter. In the
event new or different evidence is presented
on appeal, the City Council may, but shall
not be required to return the matter to the
Planning Commission for further
consideration. (LAMC §§ 17.44.050,

17.60.040, and 17.60.050)
Section 17.44.020(B)(4), of the Los Alamitos
Municipal Code (LAMC) requires that a Site
Development Permit - Major (SDP) for any
multifamily residential development project,
including duplex developments, with review
limited to adherence of the project to the
objective design criteria established in the
Zoning Code and any applicable design
guidelines.

Mr. Aboulhosn has appealed the Planning Commission denial of Site Development Permit (SDP) 23-01, an application to construct a 3,490 square-foot, three-story, four-unit building on a vacant parcel at 10912 Walnut Street (“SDP 23-01” or the “Project”). On December 5, 2023, the Planning Commission considered the Project application at a duly noticed public hearing. Following receipt of the staff report, testimony of the Applicant, and deliberation,

the Planning Commission deadlocked on a vote to approve the Project with a split vote of two ayes, two nays, one recusal, and two absent. Failure to get approval constitutes a denial by the Planning Commission of SDP 23-01.

DISCUSSION
The Project application proposed the construction of a 3,490 square-foot, three-story, fourunit building on a vacant parcel at 10912 Walnut Street. The units in the main building will be two bedrooms and two bath units.

The site is located mid-block on the east side of Walnut Street between Florista Street and Katella Avenue. The adjacent properties are all developed and with multiple units in the Multiple Family Residential (R-3) zone.

Access and Parking:

Vehicle access is gained from the east side of the property in the alley. For the project build out, there are 12 parking spaces required. The Applicant proposes 12 parking spaces, meeting the City’s requirements.

Parking Calculation
R-3 Parking
Bedrooms Requirement Spaces Needed
4 Proposed 2 2.75 11

Units
Guest Space N/A 1 1
Total Spaces Required 12
Spaces Proposed 12
Site Plan

R-3 Residential Development Standards
Required Proposed
Project
Requirement
Met?

Parcel Area 7,200 sq. ft. 7,500 minus
125 for Alley =
7,375 sq. ft.

Yes
Parcel Width (Interior Parcel) 60 ft. 50 ft. No, but legal nonconformin
g
Parcel
Parcel Depth 100 ft. 150 ft. minus

2.5 for alley =
147.5
Yes
Maximum Density 25 du/ac 23 du/ac Yes
Minimum dwelling area (gross
floor area)
(Not including garage)
800 sq. ft.- for 2
Beds
Smallest New
Unit 800 sq. ft.

Yes
Maximum Height Limit – Main
Structures
35 ft., but 3rd floor
or anything over 15’
additional 5’
setback

30.5 ft. 3rd
story
additional 5’
setback
Yes
Setbacks
Front 20 ft. 20 ft. Yes
Side 5 ft., extra 5 feet on
3rd floor
5 ft. on both
sides, with an
additional 5 f.t
for the 3rd
floor
Yes
Rear 10 ft. 10 ft. + 2.5 ft.
dedication
Yes
Maximum Site Coverage 50% 34% Yes
Outdoor Living Space 200 sq. ft. per
dwelling for a total
of 800
60 sq. ft.,
each private
balcony plus
Yes

1,380
landscaping
Distance between structures (ft.)
on one parcel
10 ft. 10 ft. Yes
Storage Space 600 cubic ft. per
unit
Common
assigned
Yes
In addition to the requirements set forth above, there are specific requirements that are set forth elsewhere in the Los Alamitos Municipal Code. Here are some of those other requirements.

GENERAL DEVELOPMENT AND USE STANDARDS
Code Section Met? Notes
Vehicular
Access—
Residential
Zones

17.16.120 Yes Vehicular access will
be provided along
the alley.

Exterior lighting 17.16.050 Yes Building plans are to
include exterior light
fixtures on the
structure, as
conditioned by Staff
(conditions #32 &
33), and required to
direct light only to
the subject property.

Fences, hedges,
and walls.

17.16.020 Yes A new six-foot vinyl
fence. Three feet tall
in front setback.

Park
dedications and
in-lieu fees

17.16.090 N/A The property is not
planned to be
subdivided.

Therefore, no
parking fees are
required.