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HomeMy WebLinkAbout FULL PACKET_2019-06-04MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 7, 2019 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:20 P.M.) JUAN VILLEGAS, Mayor Pro Tern CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO JOSE SOLORIO (5:10 P.M., Room 147) COUNCILMEMBERS Absent: *WARD 4 VACANT STAFF Present: KRISTINE RIDGE, City Manager SONIA R. CARVALHO, City Attorney NORMA MITRE, Acting Clerk of the Council * Ward 4 councilmember representative resigned on Friday, March 1, 2019. PUBLIC COMMENTS — None. COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:10 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A) Anita Louise Mumford v. City of Santa Ana, Orange County Superior Court, Case No. 30-2017-00917950-CU-PO-CJC CITY COUNCIL MINUTES 1 MAY 7, 2019 1OA-1 B) Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) C) City of Santa Ana v County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (1 case) 3. 9 CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Property: Willowick Golf Course and adjacent parcels, northeast of intersection of 5th and Jackson Streets City negotiator: Kristine Ridge, City Manager Party with whom negotiating: City of Garden Grove Under Negotiation: Price and terms related to the disposition of above real property. PUBLIC EMPLOYEE EMPLOYMENT / APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:03 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 MAY 7, 2019 10A-2 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 6:03 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor JUAN VILLEGAS, Mayor Pro Tern CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO JOSE SOLORIO COUNCILMEMBERS Absent: *WARD 4 VACANT STAFF Present: KRISTINE RIDGE, City Manager SONIA R. CARVALHO, City Attorney NORMA MITRE, Acting Clerk of the Council * Ward 4 councilmember representative resigned on Friday, March 1, 2019. PLEDGE OF ALLEGIANCE INVOCATION OATH OF OFFICE MAYOR PULIDO VINCENT BARRINGER, POLICE CHAPLAIN ADMINISTERED BY THE ACTING CLERK OF THE COUNCIL TO MS. KRISTINE RIDGE, CITY MANAGER SPECIAL PRESENTATIONS • PRESENTATION by MAYOR PRO TEM VILLEGAS on California Park and Recreation Society Award. CEREMONIAL PRESENTATIONS • CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO recognizing Charlotte Egan for 50 years of public service and her contributions to the community. CITY COUNCIL MINUTES 3 MAY 7, 2019 10A-3 • PROCLAMATION presented by MAYOR PRO TEM VILLEGAS recognizing May 12th through May 18th as National Police Week. • CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER IGLESIAS recognizing People and Trees, Inc. for their contributions to the community. • PROCLAMATION presented by COUNCILMEMBER SARMIENTO recognizing May as Mental Health Awareness Month. • PROCLAMATION presented by COUNCILMEMBER PENALOZA recognizing May as Military Appreciation Awareness Month. AGENDA ITEM 75A TAKEN OUT OF ORDER. PUBLIC HEARINGS 75A. PUBLIC HEARING — ADOPT ZONING ORDINANCE AMENDMENT NO. 2019- 01 TO PERMIT THE EXPANSION OF AN EXISTING ELEMENTARY SCHOOL LOCATED WITHIN SPECIFIC DEVELOPMENT NO. 82 ZONING DISTRICT BY AMENDING CHAPTER 41 (ZONING) TO ADD A DEFINITION FOR "SCHOOLS" AND TO ALLOW SCHOOLS AS A PERMITTED USE IN THE SPECIFIC DEVELOPMENT ZONING DISTRICT LOCATED AT 2601- 2617 WEST FIFTH STREET (STRATEGIC PLAN NOS. 3, 2) — Planning and Building Agency Planning Commission recommended City Council approve Zoning Ordinance Amendment No. 2019-01 on February 11, 2019 by a vote of 5-0 (Alderete and Verino absent). Legal Notice published in the Orange County Reporter on April 26, 2019 and notices mailed on said date. Planning and Building Executive Director Minh Thai, provided a presentation to City Council. Mayor Pulido opened the Hearing. The following spoke on the matter: • Tom Stekol, on behalf of Santa Ana Educators, unsupportive of item. • Alfonso Jimenez, on behalf of Santa Ana Unified School District, unsupportive of item. • Barbara Pearson, on behalf of Santa Ana Educators, unsupportive of item. • Stephanie Phillips, on behalf of Santa Ana Unified, unsupportive of item. • Orin Williams, on behalf of Santa Ana Unified, unsupportive of item. • Elizabeth Rojas, in support of item. CITY COUNCIL MINUTES 4 MAY 7, 2019 10A-4 • John Palacio, requested additional time for public comments. Unsupportive of item. • Mia Mazariegos, in support of item. • Elizabeth Marchan, in support of item. • Mari Barke, in support of item. • Zoila Lubin, in support of item. • Jose Avila, in support of item. • Ciria Santiago, in support of item. • Danny De Leon, in support of item. • Christina Casas, in support of item. • Kendra Lubin, in support of item. • Genesis Cisneros De La Mora, in support of item. • Angeline Sanchez, in support of item. • Nazaria Ibarra, expressed concern over lack of traffic light at Sierra Intermediate School. • Irma Macias, supportive of Santa Ana Unified School District and to not limit children's opportunities. • Margarita Gonzales, expressed concern over lack of acceptance of students with disabilities. • Magdalena Palomino, in support of Santa Ana Unified School District. • Applicant, addressed City Council. COUNCIL RECESSED at 8:10 P.M. and RECONVENED at 8:18 P.M. with same members Present. Council discussion ensued. Councilmember Iglesias, in support of item. Councilmember Solorio spoke. City Manager Kristen Ridge, provided outreach efforts on behalf of city staff. Planning and Building Executive Director Thai spoke. Councilmember Penaloza spoke parking concerns. City Manager Kristen Ridge spoke. Planning and Building Executive Director Thai spoke. Public Works Agency Senior Civil Engineer Zed Kekula spoke. Applicant Collin Felch spoke. CITY COUNCIL MINUTES 5 MAY 7, 2019 10A-5 Pastor Danny De Leon spoke. Mayor Pro Tern Villegas, supportive of giving parents choice of where to send their children. Applicant Collin Felch spoke. Councilmember Sarmiento, unsupportive of item without further environmental studies. Councilmember Solorio, supportive of further traffic analysis and to conduct an Environmental Impact Report. Entered for the record communication received from Luz Andaluz board member for Artesia Pilar Neighborhood Association. Unsupportive of item as presented. Mayor Pulido, in support of item. City Manager Ridge, addressed City Council to express that staff recommends approval of item. MOTION: Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO.82 (SD-82) ZONING DISTRICT TO ALLOW SCHOOLS AS A PERMITTED USE, AMEND THE SANTA ANA MUNICIPAL CODE TO ADD A DEFINITION OF SCHOOLS AND TO ADOPT A SET OF OPERATIONAL STANDARDS FOR SCHOOLS MOTION: Iglesias ROLL CALL VOTE: AYES: NOES: ABSTAIN ABSENT: * Ward 4 representative vacant. * Motion is defeated. Non -action. SECOND: Villegas Iglesias, Pulido, Villegas (3)* Penaloza, Sarmiento, Solorio (3)* None (0) None (0) CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENTS — None. CITY COUNCIL MINUTES 6 MAY 7, 2019 10A-6 CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar Items 10A through 251, with the following modifications: • Councilmember Solorio, pulled Item 25B for separate discussion. • Councilmember Penaloza pulled Item 12A, 19E, and 25B for separate discussion. • Councilmember Iglesias, pulled Agenda Item 12B, 20A, 22A, 23A, and 25E for separate discussion. • Councilmember Sarmiento pulled Item 25C and 25D for separate discussion. MOTION: Villegas SECOND: Penaloza VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. ACTING CLERK OF THE COUNCIL ADMINISTERED OATH OF OFFICE TO ANDRES MEDINA, YOUTH COMMISSIONER, ALTERNATE POSITION. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE ADJOURNED REGULAR MEETING OF MARCH 22, 2019 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE REGULAR MEETING OF APRIL 2, 2019 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 7 MAY 7, 2019 10A-7 NOTICE OF PUBLIC HEARINGS 12A ADOPT RESOLUTION OF INTENT TO WARD 3 IN CONJUNCTION WITH THE PROPOSED'AT;THE NORTHEAST CORN AND TUSTIN AVENUE {STRATEGIC PLAP Building Agency Councilmember Penaloza spoke. City Manager Kristine Ridge spoke. MOTION: 1. Adopt a resolution. S. 3, 2; 3, (5} — Planning and RESOLUTION NO. 2019-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO CHANGE THE BOUNDARIES OF WARD 3 IN CONJUNCTION WITH THE PROPOSED COUNTY ISLAND ANNEXATION GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED 2. Set a public hearing for June 4, 2019. MOTION: Penaloza SECOND: Sarmiento VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. 12B. ADOPT A RESOLUTION OF INTENT TO VACATE A PORTION OF MAIN PLACE DRIVE ` BETWEEN MAIN STREET AND BEDFORD ROAD," ABANDONMENT NO. 19-02 {STRATEGICPLAN NOS. 3, 2; 5,3) —Public Works Agency Councilmember Iglesias spoke. City Manager Kristine Ridge spoke. CITY COUNCIL MINUTES 8 MAY 7, 2019 10A-8 MOTION: 1. Adopt a resolution. RESOLUTION NO. 2019-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF MAINPLACE DRIVE BETWEEN MAIN STREET AND BEDFORD ROAD, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 19-02) 2. Set a public hearing for June 4, 2019. MOTION: Solorio SECOND: Villegas VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. BOARDS / COMMISSIONS / COMMITTEES 13A. APPOINT ANDRES MEDINA NOMINATED BY MAYOR PRO TEM VILLEGAS AS THE WARD 5 REPRESENTATIVE (ALTERNATE) TO THE YOUTH COMMISSION FOR A PARTIAL -TERM EXPIRING DECEMBER 15, 2020 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Nominate Andres Medina for an appointment to the Youth Commission as an Alternate member representing Ward 5 (replaces J. Acevedo). 13B. COUNCIL COMMITTEES — AGENDA AND MINUTES (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Santa Ana Unified School District and City of Santa Ana 6/11/2018 Joint Policy Committee Youth, Education, and Community Services Committee 7/23/2018 Public Safety, Code Enforcement and 10/1/2018 Neighborhood Empowerment Committee CITY COUNCIL MINUTES 9 MAY 7, 2019 10A-9 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office Staff provided with direction on closed session items MOTION: Approve the following item: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Anita Louise Mumford v. City of Santa Ana, Orange County Superior Court, Case No. 30-2017-00917950-CU-PO-CJC; Settlement in the amount of $90,000 approved by a vote 5-1 (Iglesias dissented.) 19B. EXCUSED ABSENCES — Clerk of the Council Office 19C. RECEIVE AND FILE STRATEGIC PLAN MONTHLY REPORTS FOR MARCH AND APRIL 2019 {STRATEGIC PLAN NO. 5, 11 - City Manager's Office The Strategic Plan Monthly Reports are available on the City's website at: https://www santa-ana.org/cm/creating-our-future-strategic-planning-process. MOTION: Receive and file the Strategic Plan Monthly Reports for March and April 2019. 19D. RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2019 {STRATEGIC PLAN NO. 4, 1D) — Finance and Management Services Agency MOTION: Receive and file Quarterly Report of Investments for the period ending March 31, 2019. 19E:: RECEIVE AND FILE QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS ENTERED INTO BY THE CITY MANAGER AS PERMITTED', BY CHARTER SECTION 421{STRATEGIC PLAN NO. 4,,11 — Finance and Management Services Agency Councilmember Penaloza, requested clarification on a couple of agreements. Community Development Agency Executive Director Steven Mendoza spoke. Councilmember Iglesias, directed staff to provide analysis of class instruction agreements. CITY COUNCIL MINUTES 10 MAY 7, 2019 10A-10 MOTION: Receive and file Quarterly Report of Contracts entered into between January 1, 2019 to March 31, 2019 valued at $25,000 and less. MOTION: Villegas SECOND: Penaloza VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, Villegas(5) NOES: Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROVE APPROPRIATION ADJUSTMENT OF $12,928 AND AMENDMENT TO AGREEMENT WITH STRAIGHT TALK CLINIC, INC. FOR REHABILITATION AND REPAIR OF PERMANENT HOUSING FOR PERSONS WITH HIV/AIDS NOT TO EXCEED,$20,728 (GRANT FUNDED) {STRATEGIC PLAN NOS.'5,3 5,4; 5,6)- Community Development Agency , Councilmember Iglesias spoke. Community Development Agency Executive Director Steven Mendoza spoke. MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute an amendment with Straight Talk Clinic, Inc. to add funds and a new scope of work to the original agreement, for the rehabilitation and repair of a single-family permanent housing property utilizing Housing Opportunities for Persons with AIDS funding in the amount not to exceed $20,728, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-060). 2. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019-130 - Recognizing Housing Opportunities for Persons with AIDS Program prior year funds in the amount of $12,928 in revenue account and appropriate the same amount to the Payment to Subagent expenditure account. CITY COUNCIL MINUTES 11 MAY 7, 2019 10A-11 MOTION: Sarmiento SECOND: Iglesias VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. AWARD CONTRACTS .IN THE AMOUNT OF $325,000 FOR CHARTER BUS SERVICES (SPECIFICATION NO. 19-005)I{STRATEGIC PLAN NO. 2 3: 5, 3, 4) Finance and Management Services Agency; Parks, Recreation and Community Services Agency; and Police Department Councilmember Iglesias spoke. City Manager Kristine Ridge spoke. Police Administrative Manager Robert Carroll spoke. MOTION: 1. Reject the bid from Zum Services, Inc. as nonresponsive. The business model presented does not meet the City's requirements. 2. Award contracts for charter bus services for a five-year period expiring March 31, 2024, for a total aggregate amount between the two selected vendors for a not to exceed amount of $325,000, subject to non - substantive changes approved by the City Manager and City Attorney. Funds have been accounted for in the General Fund Parks, Recreation & Community Services account, the Recreation Grant Fund OCTA Senior Mobility Program and the Police Department's Training Services account with the following vendors: Vendor Location American Transportation Systems Long Beach, CA Certified Transportation Services Santa Ana, CA CITY COUNCIL MINUTES 12 MAY 7, 2019 10A-12 MOTION: Iglesias SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. 22B. AWARD A PURCHASE ORDER IN THE AMOUNT OF $64,900 TO GOLDEN STATE AUDIO VIDEO, INC., FOR POLICE DEPARTMENT EMERGENCY OPERATIONS CENTER TECHNOLOGY UPGRADES (SPECIFICATION NO. 19-037) {STRATEGIC PLAN NO. 1, 1J) - Finance and Management Services Agency; and Police Department MOTION: Authorize a one-time purchase and payment of purchase order to Golden State Audio Video, Inc. for technology upgrades to the Santa Ana Police Department's Emergency Operations Center (EOC), in the amount of $64,900, subject to non -substantive changes approved by the City Manager and City Attorney. PROJECTSICHANGE ORDERS 23A`. AWARD CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $739,596 FOR SLURRY SEAL: IMPROVEMENTS ON FIRST STREET AND RAITT STREET (PROJECT NOS. 19-6921 AND 19-6945) {STRATEGIC PLAN NO. 6, 1 B; 1 C;'1 G} — Public Works Agency Councilmember Iglesias spoke. City Manager Kristine Ridge spoke. Public Works Agency Executive Director Fuad Sweiss spoke. Councilmember Sarmiento, directed staff to identify any previous workmanship or design defects before awarding a contracts to a vendor. CITY COUNCIL MINUTES 13 MAY 7, 2019 10A-13 MOTION: Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $739,596, for construction of the Slurry Seal Improvements on First Street and Raitt Street, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $911,000, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $73,959 in Highway Users Tax Account: Road Maintenance and Rehabilitation Fund. The budget is sufficient to cover the contract. MOTION: Solorio SECOND: Sarmiento VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, (3) NOES: Iglesias (1) ABSTAIN: None (0) ABSENT: Villegas(1) Ward 4 representative vacant. AGREEMENTS 25A. APPROVE A SUBORDINATION AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE DEPOT AT SANTIAGO {STRATEGIC PLAN NO. 4, 5} - Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Subordination Agreement with the State of California Department of Housing and Community Development, for the City's $3,000,000 Loan Agreement with Depot at Santiago L.P., subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-061). CITY COUNCIL MINUTES 14 MAY 7, 2019 1 OA-14 25B. APPROVE SECOND AMENDMENT TO THE AGREEMENT WITH ALLIED UNIVERSAL SECURITY SERVICES FOR UNARMED SECURITY GUARD' SERVICES AND INCREASE CONTRACT AMOUNT BY $53,428 TO PROVIDE SERVICES AT THE SANTA ANA WORK CENTER LOCATED AT 801 W. CIVIC CENTER DRIVE (PARTIALLY GRANT FUNDED) {STRATEGIC PLAN NO. 6, 1 C} - Community Development Agency Councilmember Solorio, supportive of item. Councilmember Penaloza, unsupportive of item. Directed staff to provide additional information as to security services provided at the former firehouse station located at 625 S. Cypress Avenue. City Manager Kristine Ridge spoke. AMENDED MOTION: Continue consideration of item for two weeks, to the May 21, 2019, City Council Meeting. MOTION: Penaloza SECOND: Pulido VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Villegas(1) * Ward 4 representative vacant. 25C. APPROVE SECOND EXCLUSIVE NEGOTIATION AGREEMENT WITH. CARIBOU INDUSTRIES FOR THE THIRD STREET AND BROADWAY DEVELOPMENT LOCATED AT 201 WEST THIRD STREET (APN 398-264-13), {STRATEGIC PLAN NO. 3, 5A} - Community Development Agency Councilmember Sarmiento, supportive of item. Directed staff to ensure community benefit, conference and event space, and design revisions are included as part of ongoing negotiations. MOTION: Authorize the City Manager and the Clerk of the Council to execute a second Exclusive Negotiation Agreement with Caribou Industries for a one-year period from May 6, 2019 to May 6, 2020 for the Third and Broadway development, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-062). CITY COUNCIL MINUTES 15 MAY 7, 2019 10A-15 MOTION: Sarmiento SECOND: Pulido VOTE: AYES: Iglesias, Pulido, Sarmiento, Solorio, Penaloza (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Villegas(1) " Ward 4 representative vacant. HD. APPROVE A LICENSE AGREEMENT WITH EAST END REALTY: PARTNERSHIP, LP, AND WURSTHAUS, INC. FOR TEMPORARY OUTDOOR DINING ACTIVITIES AT PLAZA CALLE-CUATRO LOCATED AT 325 E. 4TH STREET IN THE AMOUNT OF $636 {STRATEGIC PLAN GOAL 3, NO. 3 & 41 Planning and Building Agency; and Parks, Recreation and Community Services' Agency' Board of Recreation and Parks approved recommended action on March 27, 2019 by a vote of 8-0 Councilmember Sarmiento, supportive of also providing services to other venues. MOTION: Authorize the City Manager and Clerk of the Council to execute a license agreement with East End Realty Partnership, LP, and Wursthaus, Inc. to conduct temporary outdoor dining activities within Plaza Calle Cuatro, in the amount of $636 for the period of June 1, 2019 to November 30, 2019, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-063). MOTION: Sarmiento SECOND: Pulido VOTE: AYES: Iglesias, Pulido, Sarmiento, Solorio, Villegas(5) NOES: None (0) ABSTAIN: None (0) ABSENT: Penaloza(1) * Ward 4 representative vacant. CITY COUNCIL MINUTES 16 MAY 7, 2019 10A-16 25E - APPROVE AMENDMENT WITH PLACEWORKS INC. TO MODIFY THE SCOPE,- TERM AND INCREASE COMPENSATION BY $36,000TO PROVIDE AN ENVIRONMENTAL ASSESMENT, 'RECREATIONAL VALUE ASSESSMENT' AND NATIONAL PARK SERVICE DOCUMENTS FOR A LAND EXCHANGE, RELATED TO CENTENNIAL PARK {STRATEGIC PLAN NO. 5; 4A} — Parks, Recreation and Community Services Agency Councilmember Iglesias spoke. City Manager Kristine Ridge spoke. Parks, Recreation and Community Services Executive Director Lisa Rudloff spoke. MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Placeworks, Inc. by modifying the services to assess park elements that were added, to extend the agreement through November 5, 2020 and increase the compensation by $36,000 which includes $6,000 contingency, for a total $170,126 to provide an environmental assessment, recreational value assessment and additional documents required by the National Park Service to review exchanging land requirements between the Rancho Santiago Community College District site at Centennial Park with other City park sites, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-064). MOTION: Solorio VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Pulido Penaloza, Pulido, Villegas(5) Iglesias (1) None (0) None (0) * Ward 4 representative vacant. Sarmiento, Solorio, 25F. APPROVE PURCHASE AGREEMENT FOR REAL PROPERTY ACQUISITION LOCATED AT 2247 S. ROUSSELLE ST. (APN 016-101-29) FOR WARNER AVENUE IMPROVEMENTS PHASE 1 (PROJECT NO. 14-6802) IN THE AMOUNT OF $520,000 (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C} — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement for the property located at 2247 S. Rousselle St. (APN 016-101-29) in the amount of $464,100 for the real property full acquisition and $55,900 for goodwill benefits for a total of $520,000 with Alejandro and Elida Rodriguez, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-065). CITY COUNCIL MINUTES 17 MAY 7, 2019 10A-17 25G. APPROVE AGREEMENT WITH UTILIWORKS FOR AUTOMATED METER INFRASTRUCTURE PLANNING AND IMPLEMENTATION SERVICES IN AN AMOUNT NOT TO EXCEED $896,530 (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1) — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Utiliworks Consulting, LLC., to provide Automated Meter Infrastructure planning and implementation services, for a four-year period commencing May 7, 2019, and expiring May 6, 2023, with the provision for a one-year extension, in an amount not to exceed $896,530, including an $815,027 project fee and a 10% contingency of $81,503 in the Water Administration and Engineering Fund, for the term of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-066). 25H. APPROVE SECOND AMENDMENT TO AGREEMENT WITH LINEAR SYSTEMS IN THE AMOUNT OF $8,000 TO INCLUDE DIGITAL IMAGING SYSTEM SUPPLIES AND EQUIPMENT REPLACEMENT {STRATEGIC PLAN NO. 1, 3A) — Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a second amendment to the Maintenance Service Agreement with Linear Systems to include the purchase of consumable supplies and the replacement of an administration terminal for the Digital Imaging Management System (DIMS) in the amount of $8,000, for a total not to exceed agreement amount of $87,000, subject to non -substantive changes approved by the City Manager and City Attorney. The term of this agreement will remain July 1, 2017 through June 30, 2020 (AGMT. No. 2019-067). 251, APPROVE AGREEMENT WITH FILLER SECURITY STRATEGIES, INC. IN THE AMOUNT OF $49,750 TO PROVIDE A REVISION TO THE COUNTYWIDE HOMELAND SECURITY GRANTS STRATEGY (GRANT FUNDED) {STRATEGIC PLAN NO. 1,6} — Police Department MOTION. Authorize the City Manager and Clerk of the Council to execute an agreement with Filler Security Strategies, Inc. for the period of May 7, 2019 through December 31, 2019, to provide one revision to the Countywide Homeland Security Grants Strategy in an amount not to exceed $49,750, subject to non -substantive changes approved by the City Manager and City Attorney. The agreement includes the option for the City to grant an extension exercisable in writing by the City Manager and City Attorney (AGMT. No. 2019-068). **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 18 MAY 7, 2019 10A-18 BUSINESS CALENDAR ITEMS ORDINANCES/FIRST READING 50A. ORDINANCE FIRST READING: AMENDING SECTIONS 10-196 TO 10-199 TO CHAPTER 10, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE TO RECOVER DUI EMERGENCY RESPONSE COSTS {STRATEGIC PLAN GOAL 1, 5) — Police Department MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2965 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 10-196 TO 10-199 TO CHAPTER 10, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE AND RE- CLASSIFYING ARTICLE III TO INCLUDE A SECTION FOR THE RECOVERY OF EMERGENCY RESPONSE COSTS FOR DRIVING UNDER THE INFLUENCE INCIDENTS MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Pulido Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) None (0) None (0) None (0) * Ward 4 representative vacant. RESOLUTIONS 55A. APPROVE COOPERATIVE AGREEMENT IN THE AMOUNT OF $51,551 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM AND ADOPT RESOLUTION TO REVISE PROGRAM REGULATIONS {STRATEGIC PLAN NO. 3) — City Manager's Office MOTION: Authorize the City Manager and the Clerk of the Council to execute Cooperative Agreement No. C-8-2015 with OCTA for the administration of the Orange County Taxi Administration Program (OCTAP), effective January 1, 2019 through December 31, 2020 for an amount not to exceed $51,551, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-069). CITY COUNCIL MINUTES 19 MAY 7, 2019 10A-19 2. Adopt a resolution. RESOLUTION NO. 2019-025 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS MOTION: Sarmiento SECOND: Villegas VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. 55B. ADOPT RESOLUTION AND AUTHORIZE APPLICATION FOR DRINKING WATER STATE REVOLVING FUND CAPITAL PROJECT FINANCING AND ADOPT RESOLUTIONS FOR REIMBURSEMENT AND PLEDGED REVENUE AND FUNDS FOR THE WELL 32 NITRATE TREATMENT AND REHABILITATION PROJECT (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1 G} — Public Works Agency MOTION: 1. Adopt resolutions. a. RESOLUTION NO. 2019-026 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD FOR FINANCIAL ASSISTANCE FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF THE WELL 32 NITRATE TREATMENT AND REHABILITATION PROJECT RESOLUTION NO. 2019-027 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE WELL 32 NITRATE TREATMENT AND REHABILITATION PROJECT FROM THE STATE WATER RESOURCES CONTROLBOARD c. RESOLUTION NO. 2019-028 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE WELL 32 NITRATE TREATMENT AND REHABILITATION PROJECT CITY COUNCIL MINUTES 20 MAY 7, 2019 1 OA-20 2. Authorize the Executive Director of Public Works to submit an application for Environmental Protection Agency / California State Water Resources Control Board's Drinking Water State Revolving Fund financing for the Well 32 Nitrate Treatment and Rehabilitation project. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN SECOND: Pulido Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) None (0) None (0) ABSENT: None (0) * Ward 4 representative vacant. 55C. ADOPT A RESOLUTION AND AUTHORIZE APPLICATION FOR CLEAN WATER STATE REVOLVING FUND CAPITAL PROJECT FINANCING AND ADOPT RESOLUTIONS FOR REIMBURSEMENT AND PLEDGED REVENUE AND FUNDS FOR THE SEPTIC TO SEWER IMPROVEMENT PROJECT (NONGENERAL FUND) {STRATEGIC PLAN NO. 6,1G) — Public Works Agency MOTION: 1. Adopt resolutions. a. RESOLUTION NO. 2019-029 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD FOR FINANCIAL ASSISTANCE FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF THE SEPTIC TO SEWER ISLAND IMPROVEMENT PROJECT b. RESOLUTION NO. 2019-030 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE SEPTIC TO SEWER ISLAND IMPROVEMENT PROJECT c. RESOLUTION NO. 2019-031 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE SEPTIC TO SEWER ISLAND IMPROVEMENT PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD 2. Authorize the Executive Director of Public Works to submit an application for Environmental Protection Agency / California State Water Resources Control Board's Clean Water State Revolving Fund financing for the Septic to Sewer Island Improvement project. CITY COUNCIL MINUTES 21 MAY 7, 2919 1 OA-21 MOTION: Sarmiento SECOND: Villegas VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. ADMINISTRATIVE MATTERS - BUSINESS 60A. APPROVE A DENSITY BONUS AGREEMENT TO ALLOW A 552 UNIT AFFORDABLE RENTAL PROJECT AT 2110, 2114, AND 2020 EAST FIRST STREET {STRATEGIC PLAN NOS. 3, 2; 5, 3) — Community Development Agency; and Planning and Building Agency Planning Commission approved recommended action on June 4, 2018 by a vote of 4-1 (Bacerra dissented). Council discussion ensued. Councilmember Penaloza, supportive of continuing item to address parking ratio concerns. City Manager Kristine Ridge spoke. Community Development Agency Executive Director Steven Mendoza spoke. Councilmember Sarmiento, supportive of developer revising Area Median Income (AMI) rate and to continue item to address parking ratio concerns. Michael Massie, Chief Housing Development Officer, on behalf of Jamboree Housing, addressed City Council to provide ongoing project developments Mayor Pulido, unsupportive of item as presented. Councilmember Solorio, supportive of including language to Traffic Management Plan to address potential negative parking impact. City Manager Ridge, recommended approving item with modification to onsite parking management plan to include parking lift requirements. CITY COUNCIL MINUTES 22 MAY 7, 2019 1 OA-22 City Attorney Carvalho, provided City Council with overview of Density Bonus provisions. Councilmember Sarmiento, supportive of conditionally approving item. Councilmember Iglesias, unsupportive of item as presented. Councilmember Penaloza, unsupportive of item as presented. Directed staff to provide higher resolution copies of staff reports and attachments. Mayor Pro Tern Villegas, supportive of mandatory permit parking. Councilmember Sarmiento, moved to continue item for two weeks to the May 21, 2019 City Council meeting. AMENDED MOTION: Continue consideration of item for two weeks, to the May 21, 2019, City Council Meeting. MOTION: Sarmiento SECOND: Penaloza VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. REPORTS 65A. ADOPT RESOLUTION AFFIRMING CITY COUNCIL COMMITTEES, REPEALING RESOLUTION NO. 2017-076, AND APPOINT MEMBERS TO THE LEGISLATIVE AFFAIRS, ETHICS, TRANSPARENCYAND COMMUNICATIONS COUNCIL COMMITTEE (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: 1. Adopt a resolution. RESOLUTION NO. 2019-032 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION NO. 2017-076 AND AFFIRMING COUNCIL COMMITTEES CITY COUNCIL MINUTES 23 MAY 7, 2019 1 OA-23 MOTION: Villegas SECOND: Iglesias VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. AMENDED MOTION: 2. Appoint Councilmember Iglesias, Councilmember Penaloza, and Councilmember Solorio to the Legislative Affairs, Ethics, Transparency and Communications Council Committee. 3. Appoint Councilmember Iglesias, to the Public Safety, Code Enforcement and Neighborhood Empowerment Council Committee. COMMITTEEMEETING SCHEDULE LEAD AGENCY QUARTERLY Community Development 1. Iglesias Feb., May, Aug., Nov. Economic Development, 2. Penaloza Advisory: Infrastructure, Budget and 3. Solorio • Planning & Building Technology 2nd Monday, 5:00 pm. . Public Works . Finance • Information Technology QUARTERLY Public Safety, Code 1. Penaloza Mar., June, Sept., Dec. Police Department Enforcement and 2. Villegas Neighborhood 3. Iglesias nd 2 Tuesday, 5:30 pm. Advisory: Empowerment • Planning & Building BIANNUALY 1. Iglesias Feb. & Aug. City Manager's Office Legislative Affairs, Ethics, 2 Penaloza Transparency and 3. Solorio 4'h Wednesday, 12 Advisory: Communications noon . City Attorney • Clerk of the Council QUARTERLY Youth, Education and 1. Iglesias Jan., April, July & Oct. Parks, Recreation and Community Services 2. Solorio Community Services Committee 3. Villegas 3rd Monday, 5:30 p.m. Agency AND CITY COUNCIL MINUTES 24 MAY 7, 2019 1 OA-24 Joint Santa Ana Unified School District and City Council Committee Feb., April, June, Aug., Oct., Dec. 4' Monday, 5:30 p.m. 4. Approve modified meeting schedule to increase the frequency of the Joint Santa Ana Unified School District and City Council Committee meetings from quarterly to bimonthly meetings. MOTION: Villegas SECOND: Penaloza VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. PUBLIC HEARING ITEM 75A TAKEN OUT OF ORDER AND CONSIDERED EARLIER IN THE MEETING. JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. JOINT SESSION - APPROVE FIRST AMENDED AND RESTATED PHASE II MEMORANDUM OF UNDERSTANDING WITH CO -LOCATED PARTNER ORGANIZATIONS AT THE WORK CENTER LOCATED AT 801 W. CIVIC CENTER DRIVE AND AUTHORIZE REIMBURSEMENT FROM PARTNERS IN THE ESTIMATED AMOUNT OF $1,280,530 {STRATEGIC PLAN NO. 2, 4) — Community Development Agency At its regular meeting on September 20, 2018 the Workforce Development Board recommended that the City Council and Housing Authority approve the recommended actions by a vote of 12:1 (Baetz abstained and Korthuis, Luviano, Perez, Ruiz and Sanchez absent). CITY COUNCIL MINUTES 25 MAY 7, 2019 1 OA-25 CITY COUNCIL ACTION MOTION: Authorize the City Manager and Clerk of the Council to execute a First Amended and Restated Phase II Memorandum of Understanding with the Santa Ana Workforce Development Board and the City of Santa Ana - WORK Center, State of California Employment Development Department, County of Orange Social Services Agency, SER — Jobs for Progress, Inc., State of California Department of Rehabilitation, Santa Ana Housing Authority which outlines the sharing of resources and expenses associated with the operations of a comprehensive one stop center for a term beginning May 7, 2019 to June 30, 2022 and reimbursement from the partners in the estimated amount of $1,280,530, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-070). 2. Authorize the City Manager and Clerk of the Council to execute non - substantive amendments such as adjustment of shared operational expenses during the term of the Memorandum of Understanding. 3. Authorize the City Manager sublease agreement with the in which the County agrees exceed $189,788 for a term substantive changes approve (AGMT. No. 2019-071). and Clerk of the Council to execute a County of Orange Social Services Agency to pay rent to the City an amount not to expiring June 30, 2023, subject to non- :d by the City Manager and City Attorney 4. Authorize the City Manager and Clerk of the Council to execute a sublease agreement with the State of California Employment Development Department in which the State agrees to pay rent and reimburse one-time charge for tenant improvements to the City an amount not to exceed $1,166,005.96 for a term expiring June 30, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-072). HOUSING AUTHORITY ACTION MOTION: Authorize the Executive Director and Recording Secretary to execute a First Amended and Restated Phase II Memorandum of Understanding with the Santa Ana Workforce Development Board which outlines the sharing of resources and expenses associated with the operations of a comprehensive one stop center for a term beginning May 7, 2019 to June 30, 2022 and payment to the City of Santa Ana in the estimated amount of $30,005, subject to non -substantive changes approved by the Executive Director and Authority General Counsel. CITY COUNCIL MINUTES 26 MAY 7, 2019 1 OA-26 2. Authorize the Executive Director and Recording Secretary to execute non -substantive amendments such as adjustment of shared operational MOTION: Villegas SECOND: Pulido VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO REQUEST STAFF TO PROVIDE OPTIONS REGARDING THE CITY'S EFFORTS TO ADDRESS HARBOR/HAZARD NEIGHBORHOOD CONCERNS — Councilmember Penaloza and Councilmember Iglesias Councilmember Penaloza, expressed concerned over ongoing prostitution and criminal activity. Councilmember Iglesias, directed staff to conduct monthly neighborhood association meetings, conduct quarterly internal status meetings within the City, and suggested more police presence and lighting in impacted neighborhood. The following spoke on the matter: • Laura Perez, express concern over ongoing prostitution in the neighborhood. • Chris Schmidt, expressed concern over ongoing neighborhood issues and lack of City efforts to address concerns. Council discussion continued: City Manager Ridge, recommended creating cross -departmental team with traffic engineering, code enforcement, and police to address neighborhood concerns. CITY COUNCIL MINUTES 27 MAY 7, 2019 1 OA-27 Mayor Pro Tern Villegas, directed staff to provide Harbor and Hazard update at the May 21, 2019 City Council meeting with proposed plan to address neighborhood issues with prostitution and crime. Councilmember Solorio, suggested use of non -sworn personnel to perform community oriented policing to address ongoing issue. Councilmember Sarmiento, supportive of a comprehensive approach to address ongoing crime and prostitution. Councilmember Penaloza, supportive of publishing pictures of individuals who are arrested for solicitation activities. City Attorney Sonia Carvalho spoke. Chief David Valentin spoike. Mayor Pro Tern Villegas, supportive of publishing pictures of individuals who are arrested for solicitation activities. Councilmember Iglesias, expressed concern with response time and improved quality of life to residents. Councilmember Solorio, supportive of reporting all crimes on crime mapping system. Mayor Pulido, directed staff to create plan to fill police vacancies and identify new positions to assist in addressing ongoing criminal activity. RECESSED CITY COUNCIL MEETING AT 11:07 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 11:13 P.M. Councilmember Sarmiento left the meeting at 11:14 p.m. and did not return. COMMENTS PUBLIC COMMENTS (Non-Agendized Items). The following spoke: • Larry Sutton, requested assistance to address rental agreement disagreements with landlord. • Dale Helvig, expressed concern as to continued approval of high density housing. CITY COUNCIL MINUTES 28 MAY 7, 2019 1OA-28 • Carlo Bonanni, expressed concern as to ongoing homeless issue and traffic impact near Segerstrom High School. 90A. CITY MANAGER'S COMMENTS City Manager Ridge, provided update on mobile home park and noted report will be presented to Council at the May 21, 2019 City Council meeting. Recognized Public Works Agency for receiving the Active, Healthy, and Safe Communities award from Southern California Association of Governments (SCAG). 90B. CITY COUNCILMEMBER COMMENTS Councilmember Solorio, directed staff to study 311 System for non -emergency calls. Supportive of expanding security services to include patrolling parks and city assets. Councilmember Penaloza, supportive of monitoring vacant city properties. Councilmember Iglesias, provided report on attendance at Santa Ana Unified School District and City Council Joint Policy meeting on April 22, 2019, Orange County Sanitation District Board meeting on April 24,2019, Orange County Council of Governments (OCCOG) meeting on April 25, 2019, Southern California Association of Governments (SCAG) meeting on May 2, 2019 and May 3, 2019. Directed staff to provide City Council with homeless and shelter updates once a month at City Council meetings with detailed metrics. Directed staff to schedule bi-monthly meeting with the County to further discuss homeless issue. Mayor Pro Tern Villegas, provided report on attendance at Youth, Education, and Community Services council committee meeting on April 15, 2019, Santa Ana Unified School District and City Council Joint Policy meeting on April 22, 2019, April 23, Public Safety, Code Enforcement and Neighborhood Empowerment council committee meeting on April 23, 2019. Commended Orange County Fire Authority (OCFA) for installing 804 smoke alarms. Mayor Pulido, provided report on Orange County Transportation Authority (OCTA) board meeting. Councilmember Solorio, directed staff to clarify council members reporting requirements. CITY COUNCIL MINUTES 29 MAY 7, 2019 1 OA-29 ADJOURNED - 11:39 P.M. - The next meeting of the City Council is scheduled for Tuesday, June 4, 2019 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m, in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Norma Mitre, Acting Clerk of the Council FUTURE AGENDA ITEMS • CONSIDERATION OF SEVENTEENTH AND TUSTIN ANNEXATION • GENERAL PLAN UPDATE • FISCAL YEAR 2019-2020 BUDGET CITY COUNCIL MINUTES 30 MAY 7, 2019 1 OA-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: RECEIVE AND FILE: PUBLIC WORKS AGENCY MONTHLY PROJECT STATUS AND CAPITAL IMPROVEMENT PROGRAM REPORT FOR MAY 2019 (STRATEGIC PLAN NO. 5, 1) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 n Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER �CITY 19ANAGER RECOMMENDED ACTION Receive and file the Public Works Agency Project Status and Monthly Capital Improvement Program Executive Report for May 2019. DISCUSSION The May 2019 Project Status and Capital Improvement Program (CIP) Executive Summary (Exhibit 1) provides Public Works Agency activity in alignment with the City's Strategic Plan. The report includes tasks, next steps, outcomes, and percentage completed for each project. The CIP Executive Summary Schedule for all projects is available on the City's website at: https://www.sa nta-ana.org/sites/defa u It/files/pw/documents/Executive-M o nthly-CIP-Update-M ay-2019. pdf The following remarks are provided to note significant matters related to the Public Works Agency: Riverview Neighborhood Water Main Improvements The Riverview Neighborhood Water Main Improvements project will replace approximately 5,800 linear feet of (8"), and 2,600 linear feet of (12") PVC water main. This project will replace the existing piping system and related appurtenances (fire hydrants, gate valves and water services) that have reached their life cycle in the City's Riverview Neighborhood. Construction is scheduled to begin in fall 2019. Sepulveda Safe Routes to School (SRTS) - Active Transportation Proiect (ATP): Sepulveda Safe Routes to School (SRTS) Enhancement project will include new curb bulb -out extensions on Poplar Street at Occidental, and at Saint Andrews Place crossings, with new ADA- compliant curb ramps along the suggested school routes around Jose Andres Sepulveda Elementary School. The purpose of this project is to encourage safety for pedestrians in route to the school. Construction is scheduled to begin in summer 2019. 19C-1 Monthly CIP Executive Report for May 2019 June 4, 2019 Page 2 Upcoming Parks Projects Bid openings were held on May 20 and 22 for two park improvement projects. The "Center Street Urban Greening" project involves removal of 500 feet of abandoned street for conversion to landscaped open space, providing a connection between the existing ballfield diamonds at Jerome Park. The second project involves upgrading existing park lighting at Angels, Cabrillo, Cesar Chavez, Portola, Riverview and Rosita Parks. Both projects are slated for completion by December 2019. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #1 (establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. U� G t, k Tcs-yl Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/WEG/JG/LJO Exhibit: 1. CIP — Executive Summary Schedule may be reviewed at: https•//www santa-ana ore/sites/default/files/pw/documents/Executive-Monthly-CIP-Update-Mav-2019 pdf 19C-2 Kill � ! / ,! ■ !! || h | |.||||.. \ \..| || }__»., . . . .. . .� . ..... \_ - , {} � �_(!��)�) !f!!|�/!,•!§ != i§ | ; ! -!!§ | / #f -, L !)||E|!l•,r-\!` �|/��!! •#!!!!!! !f (!!!I .- „ !,J� . g $ § / d �■ 0Z \ /k ! rG ~ � _ \ ||||| 11,1111 \ |!!||||I 01111111 11111 }|[ ! {| \E : - ` - e |;#f!f! | ! ! ! , R _ , !.t = �I !i{ . !)/ / } y! . )� \|)! }! ..1. , \!!!,| d •!l�:,< D Q ! h !!§ /) !!-/ !!!! Q !g !!}|a0 f I |!!\ 19C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 4, 2019 TITLE: APPROVED ❑ As Recommended APPROVE AN APPROPRIATION ❑ As Amended ADJUSTMENT OF $99,901.30 TO ❑ Ordinance on 2n Reading RECOGNIZE CASP REVENUE FUNDS ❑ Ordinance on Reading [I Implementing Implementing Resolution FOR FISCAL YEAR 2018-19 ❑ Set Public Hearing For (STRATEGIC PLAN NO. 4, 2A) CONTINUED TO FILE NUMBER CITY MAN GER RECOMMENDED ACTION Approve Appropriation Adjustment 2019-137 recognizing $99,901.30 from the Planning and Building CASp Certification Training Fund account (No. 01616002-52366) and appropriating to various CASp Certification and Training Fund accounts. DISCUSSION On September 19, 2012 Governor Brown signed into law SB 1186, Disability Access, which adds a state fee of $1 to each application for a local business license or equivalent instrument or permit, or renewal thereof. The purpose of this fee is to increase disability access and compliance with construction -related accessibility requirements and to develop educational resources for businesses in order to facilitate compliance with federal and state disability laws, as specified. In October 2017 AB 1379 (Chapter 667) expanded existing SB 1186, requirements in that funds under the bill are to be used for increased CASp training and certification within the jurisdiction. This bill would extend the operation of this fee indefinitely and, on and after January 1, 2018, and until December 31, 2023, increase the amount from $1 to $4. The local jurisdiction shall retain 90% of the fees collected, to be deposited in a local "CASp Certification and Training Fund." The remaining 10% of fees collected shall be transmitted on a quarterly basis to the Division of the State Architect for deposit in the Disability Access and Education Revolving Fund. On and after January 1, 2024, the fee will revert to $1 and local jurisdictions will retain 70% of fees collected, with the remaining 30% to be transmitted to the Division of the State Architect, as outlined in existing law. Currently the revenues collected for the CASp fund are in CASp Certification Training Fund (01116002-52366). However, the expense account for CASp related costs are expended 20A-1 Appropriation Adjustment of CASP funds June 4, 2019 Page 2 through the Planning and Safety — New Construction and the Planning and Building Plan Permits and Plan Check Expense accounts. Upon approval, all CASp related expenditures will be appropriately charged to the CASp Certification and Training Fund accounts (No. 01616500). ENVIRONMENTAL IMPACT None. STRATEGIC PLAN ALIGNMENT Approval of the action allows the City to meet Goal #4 — City Financial Stability, Objective #2, (provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan, Strategy A (adopt a budget that is in alignment with the financial forecast and strategic plan). FISCAL IMPACT The appropriation adjustment will recognize revenue received in the CASp Certification and Training revenue account (no. 01616002-52366) under AB 1379 and appropriate the funds as . follows: Fiscal Year Account Unit — Fund Description Accounting Unit, Account Amount' Account # Description FY 2018/19 01616500-62120 Special Fund - CASp Certification $25,000 Expenditure and Training Fund - Training, Transportation, Meeting FY 2018/19 01616500-62140 Special Fund - CASp Certification $20,000 Expenditure and Training Fund - Membership, Subscription & Dues FY 2018/19 01616500-62300 Special Fund - CASp Certification $24,901.30 Expenditure and Training Fund - Contract Services - Professional FY 2018/19 01616500-63001 Special Fund - CASp Certification $30,000 Expenditure and Training Fund - Miscellaneous Operating Expenses 20A-2 Appropriation Adjustment of CASP funds June 4, 2019 Page 3 --E� Minh Thai Executive Director Planning and Building Agency SM:Ia S:RFCA\6-4-19 APPROVED AS TO FUNDS AND ACCOUNTS: k� Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibit: 1. Assembly Bill No. 1379 Chapter 667 20A-3 20A-4 I` `�' vurt or auroaau „� AUTHENTICATED l:lRro•:KIE[Jlva:pual Assembly Bill No.1379 CHAPTER 667 An act to amend Section 4467 of the Government Code, relating to disability access, and making an appropriation therefor. [Approved by Govemor October 11, 2017. Filed with Secretary of State October 11, 2017.] LEGISLATIVE COUNSEL'S DIGEST AB 1379, Thurmond. Certified access specialist program: funding. (1) Existing law requires the State Architect to establish and publicize a program for voluntary certification by the state of any person who meets specified criteria as a certified access specialist (CASp), as provided. Existing law, on and after January 1, 2013, and until December 31, 2017, inclusive, requires that any applicant for an original or renewal of a local business license or equivalent instrument or permit to pay an additional fee of Sl for that license, instrument, or permit, to be collected by the city, county, or city and county that issued the license, instrument, or permit. This bill would extend the operation of this fee indefinitely and, on and after January 1, 2018, and until December 31, 2023, increase the amount from $1 to $4. The bill would revert the amount of the fee back to Sl on and after January 1, 2024. The bill, in any city, county, or city and county that does not issue a business license or an equivalent instrument or permit, would require an applicant for a building permit to pay an additional fee of $4 on and after January 1, 2018, and until December 31, 2023, and an additional fee of $1 on and after January 1, 2024, for the building permit, to be collected by the city, county, or city and county that issued the building permit. (2) Existing law requires that the city, county, or city and county retain 70% of the fees collected under the above -described provision, to be used to, among other things, fuhd increased CASp services in that jurisdiction for the public, thereby making an appropriation. Existing law requires that the remaining 30% of the fees be transmitted on a quarterly basis to the Division of the State Architect for deposit in the Disability Access and Education Revolving Fund, a continuously appropriated fund. This bill, on and after January 1, 2018, and until December 31, 2023, inclusive, would require the city, county, or city and county to instead retain 90% of the fees collected. The bill would revert the amount retained back to 70% on and after January 1, 2024. The bill would also require the moneys retained by the city, county, or city and county to instead be deposited in a special fund, established by the city, county, or city and county to be known as the "CASp Certification and Training Fund;' and used for increased CASp training and certification within that local jurisdiction, thereby making 96 EXHIBIT 1 20A-5 Ch. 667 — 2 — an appropriation by expanding the purposes for which the retained fee moneys are required to be spent. By extending the operation of fees deposited in the Disability Access and Education Revolving Fund, thereby increasing the amount of money in a continuously appropriated fund, this bill would make an appropriation. (3) By extending the operation of the above -described fee, thereby requiring local officials to collect and allocate these revenues beyond December 31, 2018, this billwould impose a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Appropriation: yes. The people of the State of California do enact as follows: SECTION 1. Section 4467 of the Government Code is amended to read: 4467. (a) (1) On and after January 1, 2013, through December 31, 2017, inclusive, any applicant for a local business license or equivalent instrument or permit, and from any applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of one dollar (SI) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issued the license, instrument, or permit. (2) On and after January 1, 2018, through December 31, 2023, the following shall apply: (A) Any applicant for a local business license or equivalent instrument or permit, and any applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of four dollars ($4) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issued the license, instrument, or permit. . (B) In any city, county, or city and county that does not issue a business license or an equivalent instrument or permit, an applicant for a building permit shall pay an additional fee of four dollars (S4) for that building permit, which the city, county, or city and county that issued the building permit shall collect. (3) On and after January 1, 2024, the following shall apply: (A) Any applicant for a local business license or equivalent instrument or permit, and any applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of one dollar (Sl) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issued the license, instrument, or permit. (B) In any city, county, or city and county that does not issue a business license or an equivalent instrument or permit, an applicant for a building 96 20A-6 -3 — Ch. 667 permit shall pay an additional fee of one dollar (S l) for that building permit, which the city, county, or city and county that issued the building permit shall collect. (b) (1) The city, county, or city and county shall retain the percentage of the fees collected under this section as specified in paragraph (2), of which up to 5 percent of the retained moneys may be used for related administrative costs of this chapter. The city, county, or city and county shall deposit the remaining moneys in a special fund, established by the city, county, or city and county to be known as the "CASp Certification and Training Fund." The moneys in the fund shall be used for increased certified access specialist (CASp) training and certification within that local jurisdiction and to facilitate compliance with construction -related accessibility requirements. The highest priority shall be given to the training and retention of certified access specialists to meet the needs of the public in thejurisdiction as provided in Section 55.53 of the Civil Code. (2) The amount of fees collected under this section and retained by the city, county, or city and county shall be in the following amounts: (A) On and after January 1, 2018, through December 31, 2023, inclusive, 90 percent. (B) On and after January I, 2024, 70 percent. (c) The remaining amount ofall fees collected under this section and not retained by the city, county, or city and county pursuant to subdivision (b) shall be transmitted on a quarterly basis to the Division of the State Architect for deposit in the Disability Access and Education Revolving Fund established under Sections 4465 and 4470. The funds shall be transmitted within 15 days of the last day of the fiscal quarter. The Division of the State Architect shall develop and post on its Internet Web site a standard reporting form for use by all local jurisdictions. Up to 75 percent of the collected funds in the Disability Access and Education Revolving Fund shall be used to establish and maintain oversight of the CASp program and to moderate the expense of CASp certification and testing. (d) Each city, county, or city and county shall make an annual report, commencing March 1, 2014, to the Division of the State Architect of the total fees collected in the previous calendar year and of its distribution, including the moneys spent on administrative services, the activities undertaken and moneys spent to increase CASp services, the activities undertaken and moneys spent to fund programs to facilitate accessibility compliance, and the moneys transmitted to the Disability Access and Education Revolving Fund. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. M 96 20A-7 20A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: AWARD PURCHASE ORDER IN THE AMOUNT OF $204,850 TO TRANSWEST TRUCK CENTER, LLC, FOR TWO STAKE BED DUMP TRUCKS (SPECIFICATION NO. 19-041) (STRATEGIC PLAN NO. 6,2) CITY MINAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on ls' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize one-time purchase and payment of purchase order to Transwest Truck Center, LLC, for the procurement of two stake bed dump trucks in the amount of $194,850, plus a contingency of $10,000, for a total amount not to exceed $204,850 from the Sanitation Fund, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Fleet Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Public Works Maintenance Services Division is in need of two new stake bed dump trucks (vehicles) to replace the existing aging fleet of work trucks. The vehicles are utilized daily to move heavy equipment, tree trunks, heavy debris and rubbish. In addition, the vehicles are deployed as part of the City's response to storm and/or related flooding. Due to their heavy use and age, these trucks are now unreliable and very expensive to repair. Truck replacement will result in annualized costs savings and reliable equipment which will improve the City's responsiveness and public service needs. Additionally, these vehicles will be fueled with liquefied petroleum gas (LPG) — also referred to as propane — instead of traditional gasoline, which is in alignment with the City's efforts to purchase alternative fuel vehicles to create an environmentally responsible City fleet. The Notice Inviting Bids was advertised on April 9, 2019, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 308 Vendors were notified 4 Santa Ana vendors were notified 22 Vendors downloaded the bid packet 1 Bid received 0 Bids received from Santa Ana vendors 22A-1 Award Purchase'Order for Stake Bed Dump Body Trucks June 4, 2019 Page 2 The bid was opened on May 7, 2019, and evaluated. The bid submitted from Transwest Truck Center, LLC, is responsive to the specifications and meets the City's requirements. To allow for unanticipated commodity surcharges due to the volatility of the existing metals market, a $10,000 contingency has been included in the award amount. Outreach Efforts The Purchasing Division advertised the project on the City's online bid management and publication system which directly notified four Santa Ana vendors. None of the Santa Ana vendors submitted bid packets for consideration. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT The total cost to purchase two stake bed dump trucks is $204,850. Funds in the amount of $102,425 are available for expenditure in FY 2018-19 as follows: Fiscal Year Accounting Unit- Fund Accounting Unit, Account Amount Account# Description Description FYI 8-19 06817641-66400 Sanitation Fund Pub Wks -Roadway $102,425 June Cleaning, Machinery & Equipment FYI 8-19 06817643-66400 Sanitation Fund Pub Wks -Street Trees, $102,425 June I Machinery & Equipment TOTAL CONTRACT AMOUNT: $204,850 APPROVED AS TO FUNDS AND ACCOUNTS: Fuad S. Sweiss, PE, PLS Kathryn Dowris, CPA 4"es 0-7 Executive Director Executive Director Public Works Agency Finance and Management Services Agency FSS/PG/SM 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: AWARD A $1,660,370 CONSTRUCTION CONTRACT TO STEPHEN DORECK EQUIPMENT RENTALS, INC., FOR THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS PROJECT (OVERALL PROJECT DELIVERY COST $2,158,482) (PROJ. NO. 15-6448) (STRATEGIC PLAN NO. 6, 1B; 1C; 1G) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Stephen Doreck Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,660,370, for construction of Thornton Park Neighborhood Water Main Improvements Project, for the term beginning upon execution of the contract and •ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,158,482, which includes the $1,660,370 contract, $249,056 as a 11.5% project contingency, $120,000 for Contract Administration, and $129,056 for Inspection and Testing in the Water Utility Acquisition and Construction fund. DISCUSSION Public Works Water Resources staff monitors the condition of water main pipelines by assessing critical factors such as history of breaks, pipe size, alignment, location, and system redundancy to determine the replacement priorities. The existing 6-inch-diameter cast iron water main located within the Thornton Park Neighborhood installed in the 1970s has been experiencing numerous breaks and leaks, and has been identified for priority replacement (Exhibit 1). Water system improvements will include new 8-inch polyvinyl chloride water main, fire hydrants, water services, appurtenances, abandonment of the existing 6-inch-diameter cast iron water main, slurry seal, and striping. Once this project is completed, water service reliability and general service quality will improve significantly. The improvements will also enhance the ride 23A-1 Award Contract Stephen Doreck Equipment Rentals, Inc. Thornton Park Neighborhood Water Main Improvements Project June 4, 2019 Page 2 quality, surface drainage, and appearance of the neighborhoods. In addition, the potential for disruption due to water main breaks will be substantially reduced. In order to proceed with the project, besides the award of the construction contract, staff is also seeking Council authorization to set aside funds for contingency, and to cover City staff costs to perform Construction Management, inspect the work, and complete required materials testing utilizing outside special inspection consultants on existing contracts, all to ensure quality and workmanship. The table below summarizes the funds that staff is requesting: Construction Contract $1,660,370 Construction Administration $120,000 Inspection and Testing $129,056 Contingencies $249,056 TOTAL ESTIMATED FUNDS NEEDED $2,158,482 The costs to cover City staff responsible to deliver Capital Projects are paid by the project funds, and no additional nor separate funding is used to pay for staff delivering Capital Projects. A Notice Inviting Bids was advertised on April 5 and 10, 2019, and bids were opened on April 24, 2019. The following is a summary of the bid invitations made and the bids received: Outreach To provide an opportunity for local vendors to submit bids, the City has been utilizing PlanetBids which is web -based system. Through this system, 5 qualified local, Santa Ana vendors were notified of the opportunity to bid on this project. Contractor Participation Data A total 51 contractors requested bidding documents, 12 bids were received; no bid was received from a Santa Ana contractor. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Stephen Doreck Equipment Rentals, Inc. Pico Rivera $1,660,370 2 G.J. Gentry General Engineering, Inc. Upland $1,738,078 3 Christensen Brothers General Engineering, Inc. Apple Valley $2,051,000 4 J. A. Salazar Construction & Supply Corp. La Habra $2,151,450 5 Cedro Construction Inc. Santa Paula $2,151,510 23A-2 Award Contract Stephen Doreck Equipment Rentals, Inc. Thornton Park Neighborhood Water Main Improvements Project June 4, 2019 Page 3 6 CHI Construction Anaheim $2,378,910 7 William Bonadiman Riverside $2,411,750 8 Excel Paving Co. Long Beach $2,616,940 9 SRD Engineering, Inc. Anaheim $2,649,280 10 W.A. Rasic Construction Co., Inc. Long Beach $2,692,888 11 TE Roberts Inc. Orange $2,727,700 12 MMC, Inc. La Palma $3,184,750 All 12 bids received were deemed responsive. Stephen Doreck Equipment Rentals, Inc., submitted the lowest responsive bid in the amount of $1,660,370 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Stephen Doreck Equipment Rentals, Inc., in the amount bid (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-37 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $2,158,482, which includes the proposed construction contract award, contract administration, inspection, testing, design engineering, and an authorized contingency of $249,056. The following table summarizes the funds proposed in the Fiscal Year 19/20 Capital Improvement Program to deliver construction of this project: 23A-3 Award Contract Stephen Doreck Equipment Rentals, Inc. - Thornton Park Neighborhood Water Main Improvements Project June 4, 2019 Page 4 Fiscal Accounting Unit — Fund Accounting Unit - Year Account No. Description Account No. Amount Project No. Descri tion FY 19-20 06617647-66301 Water Utility Acquisition & Water Utility Capital Project Fund, Water $2,158,482 July -June (15-6448) Construction Capital Project Total $2,158,482 All Funds are scheduled for expenditure in Fiscal Year 2019-20. M c, t '- ' a h" Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/EWG/RR Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: LqA-��M Kathryn Downs, CPA Executive Director Finance and Management Services Agency 23A-4 Exhibit 1 SANTA ANA Pu PUBLIC WOPN54GENCY t- N AV KNOX A`: H -- N MANLY AV' F NIND AV Jefferson Elementary LThornton Park _ EGERSTROM AV V gin ('.ARRIAr:F !1R Project No. 15-6448: Thornton Park Neighborhood Water Main Improvements Project 0 N J 0 H _N M� W AV 23A-5 23A-6 City of Santa Ana Page 1 Thornton Park Nelghborhmd Water Main Improvements (IM448), bidding on April 24, 2019 2:00 PM (Pacific) Panted OW1412019 Exhibit 2 Bid Results Bidder Details Vendor Name Stephen Doreck Equipment Rentals, Inc, Address 9075 Telegraph Road Pico Rivera, CA 90660 United States Respondee Pablo Viramontes Respondee Title Vice President Phone 562-949-4949 Ext. Email pablo@doreckconstruction.corn Vendor Type SBE,CADIR License# 665471 CA DIR Bid Detail Bid Formal Electronic Submitted April24, 2019 1:30:20 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation 9 176031 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Proposal Bid Proposal.pdf General Forms Ownership Affidavit Ownership AtfidavlLpdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Bid Bond Bid Bond.pdf Bid Bond Guaranty (Notary Public)- REQ Original Hard Copy Submittal in Addition Non -Collusion Affidavit Non -Collusion Affidavld.pdf Non-Calluslon Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM OILY Unit Price Line Total Comment Base Bid Proposal 1 Mobilization & Demobilization LS 1 $73.390.00 $73,390.00 2 a, PVC Water Line per City Standard Plan 1150 LF 76W $110.00 $830.600.00 PlanetBlds, Inc. 23A-7 City of Santa Ana Page 2 Thomton Park Neighborhood Water Main Improvements (15-6448), bidding on April 24, 2019 2:00 PM (Paciflc) Prtrrted o5t142019 Bid Results Type Item Code UOM city Unit Price Line Total Comment 3 1" Water Service per City Standard Plan 1401 EA 201 $1.296.00 $260,295.00 4 2" Water Service per City Standard Plan 1402 EA 5 $5.215.00 $26,075.00 5 4" Water Service per City Standard Plan 1403E FA 1 $26,250.00 $26,250.00 6 Fire Hydrant Assembly per City Standard Plan 1405 EA 13 $8,525.00 $110,825.00 7 PCC Cross Gutter Replacement per City Standard Plan 1109 SF 1010 $39.00 $39,390.00 8 PCC Curb Ramp per City Standard Plan 1122 EA 2 $5,260.00 $10,500.00 9 2" Blow -Off Assembly per City Standard Plan 1414 . FA 1 $4,555.00 $4,666.00 10 Sewer CCTV Inspection LS 1 $16,750.00 $15,750.00 11 Slurry Seal Surfacing (REAS, Type II)"t TON 203 $910.00 $184,730.00 12 Traffic Striping LS 1 $20,345.00 $20,345.00 13 As-Bullt LS 1 $10.000.00 $10.000.00 14 1" Combination fir Valves per City Standard Plan 1415` EA 3 $4,920.00 $14,760.00 15 Vertical Offsets per City Standard Plan 14138" EA 3 $4.335.00 $13.005.00 16 Labor Agreement Oversight LS 1 $20,000.00 $20,000.00 Subtotal $1,660,370.00 Asterisk Notes (Per Section 3-2 of Standard Specifications) - NOT part of Total Bid Calculation 17 " = The quantity for this bid Rem is shown for bid comparison only. This bid Item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this Item will he dictated by the actual quantitiy used, and the Agency reserves the right to Increase or decrease the quantity, of this Item accordingly. EA 0 0 0 PlanctBids, Inc. 23A-8 City of Santa Ana Thornton Park Neighborhood Water Main Improvements (15-6448), bidding on April 24, 2018 2:00 PM (Padflc) Bid Results Type Item Code UOM Oty Unit Price 18 t = This bid Item Is considered a Specialty Item per Section 2-3.2 of the Standard Specifloations. FA 0 0 subtotal Total PlanetBlds, Inc. 23A-9 Page 3 Printed 06114/201 e Line Total Comment 0 0 $1,680,370.00 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Stephen Doreck Equipment Rentals, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Mobilization & Demobilization 1 LS $i3 3q0,pC $-13.390. 00 2 8" PVC Water Line per City Standard Plan 1150 7,550 LF $ `to, 00 $ S130 500.E 3 1" Water Service per City Standard Plan 1401 201 EA $ bags o° $ ago a9s°° 4 2" Water Service per City Standard Plan1402 5 EA $Sig co $ M 5 4" Water Service per City I EA lab Standard Plan1403B aS0-1e 'Aso- 60 6 Fire Hydrant Assembly per City l3 EA $ $ Standard Plan 1405 110 2a57° 7 PCC Cross Gutter Replacement per City Standard Plan 1109 1010 SF $ 31. 60 $ 39 3% 0 8 PCC Curb Ramp per City Standard Plan 1122 2 EA $�5- �o $ '© s'-00. 00 9 2" Blow -Off Assembly per City 1 EA $q. $ Standard Plan 1414 Sru 10 Sewer CCTV Inspection 1 LS $,s 7s $ S ^' F I1* Slurry Seal Surfacing (REAS, Type II) 203 TON $ 910.60 $ ( 730 12 Traffic Striping 1 LS $ v 4S-o` $ 2,0 M5 P-1 of P-16 23A-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS Item Description Qty Unit Unit Price Amount 13 As -Built I LS $10,000 $ 10,660' 14* 1" Combination Air Valves per City Standard Plan 1415 3 EA S $ `]�j�.d� 15* Vertical Offsets per City Standard Plan 1413B 3 EA $ g3�3 $ 13, Q b p� 16 Labor Agreement Oversight 1 LS $20,000 $ do oco. 0e TOTAL BASE BID (Items 1-16) s I / Wf 3-7 6. QO The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "250/o" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one -hundred twenty (120) working days after the commencement date stated in the Notice to Proceed. • 15 —Working Days for exploratory potholing and data gatherings • 105 — Working Day for project construction The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,500 per calendar day. Name of Firm Stephen Doreck Equipment Rentals, Inc. SignaturcofBIDDER IYQJ/xf/:� Pablo Viramontes / Vice President Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-16 23A-11 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(y) whose name(A) WAgq subscribed to the within instrument and acknowledged to me that helm#/W## executed the same in hislhpflftf authorized capacity(0,7), and that by his/of/their signature(j) on the instrument the person(g), or the entity upon behalf of which the person(q) 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. SYMA V. SIFUEHrES _: v Nosy Public - California Signatu (Seal) Camm salonft Count a Sylvia ifu me (Notary Public) MY Comm. Expires Oct g, 2022 23A-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. NameofFirm Stephen Doreck Equipment Rentals, Inc. Signature of BIDDER Title Pablo Viramontes / Vice President (I£ an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 ofP-16 23A-13 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(q) whose name(A) islAvg subscribed to the within instrument and acknowledged to me that he/$Vt low executed the same in his/j/yf/j)ff authorized capacity(jo#), and that by his/NI/their signature(j) on the instrument the person(q), or the entity upon behalf of which the person(q) 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. sywu a slPuarres Notary Pu61ic • Calilornla 1 i µ' Los Angeles County Signatur (Seal) My CammCOmloisssfan#ZOd7g,iutz r Sylvi Sifu es (Notary Public) 23A-14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Stephen Doreck Equipment Rentals, Inc. Business Address: 9075 Telegraph Road, Pico Rivera, CA 90660 Business E-Mail Address: pablo@doreckconstructlon.com Telephone: 562) 949-4949 State Contractor's License No. and Class: 665471-A License Expiration Date: 02/29/2020 State Dept. of Industrial Relations (DIR) Registration No.: :,,State Dept. of Industrial Relations (DIR) JRegistration Expir �Date;,,/ Signed:' 1000011335 06/30/2019 Title: Pablo Viramontes / Vice President P-4 of P-16 23A-15 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Anneles On April 24, 2019 before me, Sylvia Sifuentes (Notary. Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(q) whose name(p) is/WN subscribed to the within instrument and acknowledged to me that he/IHNI yW executed the same in his/pr/r/jhy authorized capacity(jO/1), and that by his/NF/their signature(j) on the instrument the person(y), or the entity upon behalf of which the person(q) 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. L V.ES Signatur ry (Seal) , N tabHcfFUElfomta Comm sigons�5)t19 Sylvi ' en es (Notary Public) MY Comm. Expires OR 8, 2022 23A-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. NameofFirm Stephen Doreck Equip ent Rentals, Inc. Signature of BIDDER Title . Pablo Viramontes / Vice President (if anindividual, so state) P-5 of P-16 23A-17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes , who proved to me on the basis of satisfactory evidence to be the person(y) whose name(A) is/jww subscribed to the within instrument and acknowledged to me that he/IH#I may executed the same in his/j/p//)}* authorized capacity(IM), and that by his/IMF/their signature(y) on the instrument the person(q), or the entity upon behalf of which the person(o 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. S,,A,'l SIFOEN7CS 9 Notary Public • California s C mM Sffon#2 57elm 8 a Sig natur (Seal) My Comm. Explfes Oct a, 2022 Sylvia me (Notary Public) 23A-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SAN[A ANA ) Pablo Viramontes being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That hesho is a member of the co-parunership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. CORPORATION That fie is of. Stephen Doreck Equipment Rentals, Inc. \ Ice Fresident a corporation which is making the foregoing proposal: ❑ JOINT VENTURI: That he is of. - one of the parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed A nntttraact, for or any other person. Signature of Bidder `Subscribed and sw 24th m to before me this day of April 2019 Sigfia e offlder Administering Oath (Notary Public) Sylvia Sifuentes / Notary Public P-6 of P-I 6 23A-19 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or .validity of that document. State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this lath day of April . , 20 19 , by Pablo Viramontes Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SYLVIA V. SIFUENn3 Notary Public • California q Los Angeles County Commission 8 2257818 My Comm, Expires Oct 8, 2022 (Seal) Signatur�ylvia S'fue es Vota Public) 23A-20 CITY OF SANTA ANA Bond No. CSBA-10546 PROPOSAL PROJECT NO.: 15-64 48 THORNTON PARK NEIGFIBORHOOD WATER MAIN IMPROVEMENTS BID BOND KNOW ALL PRESENT that Stephen Doreck Equipment Rentals Inc. , as BIDDER, and North American Specialty Insurance Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent of Amount Bid Dollars (S 10% ), which is ten percent (10- ) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. 1N WITNESS WHEREOF the parties hereto have set their names, titles; hands. and seal this end day of --- Apol , 20dg. BIDDER* to before me , 20_ Si=nature: Notary Public in and for the County of 6 Hutton Center Drive, Suite 850 A 92867 (714) 516.1232. State of Provide BIDDER/ SURETY name, address, and telephone number and the name, 'ti;7e;._,` address, and telephone number of authorized representative. orange, P-7 of P-16 23A-21 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(y) whose name() is/hqq subscribed to the within instrument and acknowledged to me that he/0sY/IMtE/,/ executed the same in his/jj#f/jh* authorized capacity(IVI), and that by his/ICE/their signature(j) on the instrument the person(y), or the entity upon behalf of which the person(o 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. SYLVIA V. a ; iSIFUa+s NoUry County ! Si nature Commission r Mid18 9 (Seal) My Comm. Uplres Oct 1, 2022 SYlvi SI a es (Notary Public) 23A-22 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 4/22/2019 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Arturo Ayala 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. MELISSA ANN YACCARO COMM. 4W41394 n @MyCornn1.F.XP1ta6M3y12,!� Notary Publ[o-Calitomia ORANGECOUNTY t a Signature _ .t�nJ (Seal) Melissa Ann Vaccaro 23A-23 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY Bond No. CSBA-10546 WASHI IGTON INTERNATIONAL INSURANCE CONIPAN-Y WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialy Insurance Company, a corporation duly organized and existing under Imes of the State of New Hampshire, and having its principal office in the City-ofKansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City. Missouri. and Westport Insurance Corporation, organized under the Imes of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: DANIEL HUCKABAY, ARTURO AYALA, DWIGHT REILLY, SHAUNNA ROZELLE OSTROM, and FRANK MORONES JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by lase, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyshipexecuted under this authority shall exceed the amount of-. ONE HUNDRED TWENTY FIVE MILLION (S125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Companv bonds, undertakings and all contracts of surety, and that each or any of them herebv is authorized to attest to the execution of any such Power of Attomcv and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Posner of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." pssunu9Nnnr mpo, ��worrcG ,,a�1pttowtµ vq :YP .f'...9e �3:GOtiPdit♦TS Ba. `Nr �F� P ;yL Ste,' SELO':Py Sloso ..av maw, mar m craw ac vetnn orcrnma mnvee Camwor &r J�r'� SEAL Senior Vim P midwt ofNm,h Amnion speruy m,amom C.mp,,. 1973 o,Eme �i. �y •fv SSrnior wln Prrsidmrafwezrpnn lnmruce Co,pvnrian $$r +S ///4"dONi \Ii4eA na Semor Via PnadmrofmhivVem lvmmadoiul lawnnn Compaar h~• 4 narnmm�ma & Senior Vim Pmidmt of Nomh American SWL IW Waranee Co.,., & Senior Vim Prt cf-, of W.W. Imnnvre Cnrpnndoo IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Wes?port Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to he signed by their authorized oRicersthis -' this 14TH day of JANUARY . 20is - North American Specialty Insurance Company Washington International Insurance Company - - State of Illinois Westport Insurance Corporation - County ofCook ss: On this 14 day of JANUARY , 20 19. before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice president of Washington International Insurance Company and Senior Vice President ofNorth American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington Intemational Insurance Company mid Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally (mown to me. who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFIOAL SFAL "� 1t KENNV ���� \ • ay' V � , Noun pvFLc-SulednuWic - .•.. MyC°itmu:oii p"Le M. Kenny, Notary Public 4 JetTrev Goldberg the duly, elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Posner of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this'-2nd day of April 2019 "AX •� — CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 ei. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %9°/u of.the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the (inns listed below: Name 811 1 License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name Dr>tw6wr4V 5}-rt0i'i1q Se-m' License #/Exp: 3Z4(&15- ' 3111/d� DIR Reg. #/Exp. 100000 6 30 I1 License # Location in V.' 'IXr4e. C Phone -7Jq ^ 3 ' 4{,5—S-o Typc Of Work 6+ry per } n q Amount $ 19, 3 11.51 0 U Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. Location Phone Typc Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone _ Type Of Work Amount $ Signature of Bidder - Pablo Viramontes / Vice President P-8 of P-16 23A-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1 CITY OF MANHATTAN BEACH 1400 Highland Avenue Manhattan Beach, CA EDWAMAA16% Name and Telephone Number of person familiar with project. 7/2016 2,188,070.00 Water Main Replacement Contract Amount Type of Work Date Completed 2. City of Alhambra 111 South First Street, Alhambra, CA 91801 Name and Address of owner. DENNIS AHLEN (626) 570-3274 Name and Telephone Number of person familiar with project. 7/2017 1,357,282.50 Replacement of 4" and 14" Watermains Contract Amount Type of Work Date Completed 3 City of El Segundo - 350 Main Street El Segundo, CA 90242 Name and Address of owner. Lifan Xu (310) 524-2364 Name and Telephone Number of person familiar with project. - $495,400.21 Water Main Improvements 9/2014 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Commercial Surety Bond Agency 1411 N. Batavia Street Suite 201, Orange, CA 92867 Daniel Huckabay 714) 516-1232 Wright, Finnegan & Carter Ins 22800 Savi Ranch Pkwy Suite # 202, Yorba Linda, CA 92887 John Carter 714) 283-1999 P-9 of P-16 23A-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. I City of Lomita 24300 Narbonne Ave., Lomita, CA 90717 Name and Address of Owner. Tom Shabazi 310) 325-7110 Name and Telephone Number of person familiar with project. 1,699,398.00 Water Main Replacement 7/2014 Contract Amount Type of Work Date Completed 2 City of Paramount 16400 Colorado Street, Paramount, CA 90723 Name and Address of owner. Christopher S. Cash 562) 220-2000 Name and Telephone Number of person familiar with project. 1,196,462.00 Small Main Replacement Project Phase 1 11/2013 Contract Amount Type of Work Date Completed 3 City of Torrance 20500 Madrona Ave., Torrance, CA 90503 Name and Address of owner. Emmanuel Martin 310) 618-3059 Name and Telephone Number of person familiar with project. 12/2012 1,574,419.00 Ductile Iron Pipe Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone members of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Commercial Surety Bond Agency 1411 N. Batavia Street Suite 201, Orange, CA 92867 Daniel Huckabay 714) 516-1232 Wright, Finnegan & Carter Ins 22800 Savi Ranch Pkwy Suite # 202, Yorba Linda, CA 92887 John Carter 714) 283-1999 P-10 of P-16 23A-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier .to criminal Signed State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 24th day ofApril , 2019, by Pablo Viramontes , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Nota bli ugnature Notary Public Seal Sylvia Sifuentes / Notary Public SYLVIA V, SIFUEWF.5 a Notary Public • Calif LosangelsCounty y€ My COM Expires Commission # 2Oct g,t2022 P-11 of P-16 23A-28 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 24th day of , April . , 20 19 . by Pablo Vlramontes proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SYLYLAt4ryp V. c'CaliiTES Notary Public •Call/ornia Los public County Commission 0 2297al8 MY Comm. Expires Oct 8, 2022 (Seal) Signatur Sylvia S ue es otary Public) 23A-29 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965; and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-16 23A-30 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Signed: �— Title: Pablo Viramontes / Vice President Firm: Stephen Doreck Equipment Rentals, Inc. Date: 04/24/2019 P-13 ofP-16 23A-31 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(y) whose name(A) is/fqq subscribed to the within instrument and acknowledged to me that he/Q#/tW executed the same in his/ppf/1"I authorized capacity(N), and that by his/Nf/their signature(y) on the instrument the person(4), or the entity upon behalf of which the person(/) 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. SYLVIA V. SIFUENTES NotaryPublic - Califcmla i Los Angeles County SignatuZ (Seal) _ Commission 9 22578I8 Sylvia en es (Notary Public) MY Comm. Expires Oct e, 2072 23A-32 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount thC l ifornia A enticeship Council. signed: Title:' Pablo Viramontes / Vice President Stephen Doreck Equipment Rentals, Inc. Date: 04/24/2019 P-14 ofP-16 23A-33 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(j) whose name(A) is/gyp/ subscribed to the within instrument and acknowledged to me that he/$qq/jW executed the same in his/jilt///1"I authorized capacity(ypg), and that by his/"t/their signature(q) on the instrument the person(g), or the entity upon behalf of which the person(j) 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. SYLYIA Y. SIMEWES Notary Public - California Signatur Commission # 2257818 (Seal) ' Los Angeles County i Si l Sylve s (Notary Public) My comm. Expires oct a, :o:: r 23A-34 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which -he/she is oth�L�tled. Signed: . �Tifle: = Pablo Viram ontes / Vice President Firm: - Stephen Doreck Equipment Rentals, Inc. Date: 04/24/2019 P-15 ofP-16 23A-35 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On _April 24, 2019 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(j) whose name(p) is/PNN subscribed to the within instrument and acknowledged to me that he/$H#/yyw executed the same in his/jjfjf/jM# authorized capacity(og), and that by his/0#1/their signature(j) on the instrument the person(y), or the entity upon behalf of which the person(W 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. ------------- SYLVIA V. SIFUENTES `Y. Notary Public • California Signature (Seal) t Los Angeles County Commission C 187818 Sylvia i nt (Notary Public) My Comm. Expires Oct 8, 2022 23A-36 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. 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O V m N— N Lm �. W �. b+ �. O w d V d Gi � N m n Z rp) y 1 ^y 1w `O O N N D m m v+zz�a o am �DNa N°:N� �� a. qz» 7 N3 OOM n fD Gppl c Gppl cl �> N >� A h r+ c m tZn O n np�� �^ D A D xN Z ° �i Z D xN mn' M m c 2 a D D o A c � SO O v v a c O Z v v a v 3 Z D O O a1 i 3 m � z -4 y O m Z < m z m G D D y 0 0 G n m C. o o Z W N I T V = `7 I J N N ^ a I I � O1 O O1 O m T DO1 x w W O W O W O O W O - 7 rm 0 m n x- o v v f- f` S A \ T� CD 0) en w O O� Y+ 23A-40 CITY OF SANTA ANA Exhibit 3 CONSTRUCTION CONTRACT PROJECT NO.15-6448 THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 4`' day of June, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Stephen Doreck Equipment Rentals, hic. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Thornton Park Neighborhood Water Main Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Six Hundred Sixty Thousand Three Hundred Seventy Dollars and No Cents ($1,660,370.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 23A-41 Pagel of3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A') including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.ore/nwa/documents/CWA.pdf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials famished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 23A-42 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: lvt,. -f"L HN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Stephen Doreck Equipment Rentals, Inc. NAME: TITLE: 23A-43 Page 3 of 3 23A-44 Exhibit 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 15-6448: THORNTON PARK WATER MAIN IMPROVEMENTS Construction Contract $ 1,660,370.00 Contract Administration $ 120,000.00 Inspection and Testing $ 129,056.00 Contingencies $ 249,056.00 TOTAL ESTIMATED CONSTRUCTION COSTS j $ . - .2,158,482.00 EXHIBIT 4 23A-45 23A-46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 4, 2019 TITLE: APPROVED ❑ As Recommended APPROVE AGREEMENT WITH MK El Amended ❑ OOrrdinance onl�Reading PRINTING FOR OFFSET PRINTING ❑ Ordinance on 2ndReading SERVICES NOT TO EXCEED $400,000 ❑ Implementing Resolution (STRATEGIC PLAN NO. 6,2) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY rAANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an agreement with Mekong Printing, dba MK Printing, to provide offset printing services for a three-year period expiring May 31, 2022, in an annual amount of $80,000, with provisions for two one-year renewals exercisable by the City Manager, for a total amount not to exceed $400,000 subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency Central Services Division supports all City Departments with the duplication and printing of City stationery, forms, flyers, and various other print requests. Print requests of less than 5,000 copies are produced in-house and larger volume requests are produced through third party vendors. Utilizing third party vendors is a cost effective method of producing high volume requests given the vendors large scale equipment. The contract for offset printing services is designed to provide quality products in a timely manner and at a significant savings based on quantity pricing. An example of recent products sent for printing are as follows: Project Description City Department Housing Assistance Forms Community Development Agency Police Department Forms Police Department Requests for Proposals were sent out via Planet Bids. Four proposals were received, one from a Santa Ana vendor, and reviewed by staff representatives from the City's Finance and Management Services Agency and Public Works Agency. The proposals were rated based on the following criteria: A. Submission of required documents 10% B. References 30% C. Pricing 30% D. Quality of printed samples 20% E. Answers to print shop questionnaire 10% 25A-1 Agreement for Offset Printing Services June 4, 2019 Page 2 The offer from Mekong Printing, dba MK Printing, a Santa Ana vendor, received the highest percentage score in the evaluation process and meets the City's requirements (Exhibit 1). The annual amount is based on past usage and staff projections for this contract period. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #6 Community Facilities & Infrastructure, Objective #2, (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds are available in the various departmental Miscellaneous Operating Expenses account (no. 63001) as follows: Contracted Period: Extension Period: APPROVED AS TO FUNDS AND ACCOUNTS: 96 " Kathryn Down , CPA (� Executive Director Finance and Management Services Agency Exhibits: 1. Bid Proposals 2. Agreement MK Printing FY 18-19 $ 6,667 FY 19-20 $ 80,000 FY 20-21 $ 80,000 FY 21-22 $ 73,333 FY 21-22 $ 6,667 FY 22-23 $ 80,000 FY 23-24 $ 73,333 25A-2 EXHIBIT 7 PROPOSALS ABSTRACT OFFSET PRINTING SERVICES (19-029) Precision Services Bidder Mekong Printing Group Ink Spot Printing Location Santa Ana, CA Tustin, CA As stated on Delivery contract As stated on contract Total Points out of 100 100 88.99 Ranking 1 2 The Graphic Converter Location Loma Linda, CA As stated on Delivery contract Total Points out Of 100 71.99 Ranking 4 City of Industry, CA As stated on contract EM 3 25A-3 25A-4 EXHIBIT 2 AGREEMENT WITH MK PRINTING TO PROVIDE OFFSET PRINTING SERVICES THIS AGREEMENT is made and entered into on this 4s' day of June, 2019 by and between Mekong Printing, Inc. dba MK Printing ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 1, 2019, the City issued Request for Proposal No. 19-029 ("RFP 19-029"), by which it sought Consultants to provide offset printing and packaging services for the City. B. Consultant submitted a timely responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in its proposal, the scope of work/services provided in Section IV and V of RFP 19-029 and the pricing list attached hereto as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in Exhibit A, attached hereto and incorporated by reference. In addition, the Consultant's April 24, 2019 proposal shall be incorporated by reference, as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $400,000, which is comprised of $80,000 per year during the three-year term and any extensions provided per Section 3, below. b. City agrees to pay Consultant for any prior services provided for the time period between March 1, 2019, to the commencement date of this Agreement detailed in Section 3, below. Pagel of S 25A-5 EXHIBIT2 c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year tern with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing executed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture "relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, Page 2 of 8 25A-6 EXHIBIT 2 volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 3 of 8 25A-7 EXHIBIT 2 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 8 25A-8 EXHIBIT 2 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 8 25A-9 EXHIBIT 2 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and' enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 6 of 8 25A-10 EXHIBIT2 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Kathyn Downs, CPA Executive Director, Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5414 To Consultant: MK Printing, Inc. Attn: Suzanne Stephens-Truong 2421 W. First St. Santa Ana, CA 92703 714-558-7960 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 7 of 8 25A-11 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Norma Mitre Kristine Ridge Acting Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney Lisa Storck ar die tephens-Tii on \��J Assistant City Attorney Sa es & Market' g RECOMMENDED FOR APPROVAL: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Page 8 of 8 25A-12 EXHIBIT 2 Exhibit A ti y C! �I j CITY OF SANTA ANA REQUEST FOR PROPOSAL 19-029 FOR OFFSET PRINTING SERVICES The City of Santa Ana is issuing this Request for Proposal (RFP) for Offset Printing Services. The City of Santa Ana maintains an in-house reprographic facility where up to 5,000 images in color or black and white on bond stock, 110# cardstock and 2 and 3-part reverse collated NCR padded forms are produced. It. PERIOD OF CONTRACT The City of Santa Ana invites proposals from full services print shops to establish a three (3) year contract with provision for two one-year renewals by mutual agreement. Ill. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. IV. SCOPE OF WORKISERVICES All print jobs will be produced to the specification, stock and layout requirements as indicated on each job. The required tum-around time for all print jobs will be no more than three (3) working days. Completed jobs must be delivered to City Hall Basement, Central Services Division, 20 Civic Center Plaza, Santa Ana, CA 92701, by 3:00 PM on the due date. The City reserves the right to request delivery to additional locations within Santa Ana. V. GENERAL INFORMATION A. GENERAL REQUIREMENTS 1. Approval of the Reprographics Supervisor is required prior to any change in the print job's specification. 2. All print jobs must include applicable charges associated with the job such as proof changes, print job order pick-up and delivery of finished product. 3. All print job quantities printed shall be governed by the City's standard plus or minus 5% Allowance, no exceptions. 4. Pricing for each print specification must be all-inclusive. No additional charges will be Accepted. 5. A mandatory site inspection will be conducted on apparent low bids. The inspection will Be pass/fail. 6. Print shops must be in compliance with all current EPA, SCAQMD and waste Management requirements and be prepared to validate compliance upon request. RFP 19-029 OFFSET PRINTING SERVICES Pa e 4 25A-13 Exhibit EXHIBIT2 B. FINISHING Proposer must be able to provide the following services either in-house or by subcontracting these services out: 1. Cutting 2. Collating 3. Numbering 4. Drilling 5. Shrink Wrapping C. DELIVERY 6. Padding 7. Folding 8. Stapling 9. Perfect Binding 1. Pick-up of necessities (artwork, supplied stock, dies, etc.) promptly and delivery of printedjob(s) within three (3) business days. 2. Shipping FOB Destination to various City of Santa Ana locations. VI. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. VII. CITY BUSINESS LICENSE The City requires a business license be secured by all vendors who conduct business within the City of Santa Ana. A copy of the Santa Ana business license must be provided, or proof that you have applied for one, within 10 days from award of contract. Upon receiving the actual business license, a copy shall be provided to the Purchasing Department. A current business licensed must be maintained for the entire term of the contract. Failure to comply with this requirement will result in immediate cancellation of the City's contract. Vill. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website. IX. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer. X. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at www.ci.santa-ana.ca.us/finance/purchasing-division/vendor-registration. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager no fewer than five (5) calendar days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. RFP 19-029 OFFSET PRINTING SERVICES Page 5 25A-14 MY - EXHIBIT 2 EXHIBIT, A to AGREEMENT CITY OF SANTA ANA REQUEST FOR PROPOSAL 19.029 FOR OFFSET PRINTING SERVICES PRICING Pricing shall be all-inclusive of labor, materials and delivery cost. Item Quantity Description Unit Price Extended per 1,000 price 1. 5,000 Flyers: 8-1/2" x 11", 1 sided on 20# color bond black ink 1/0 1 $ 26.52 $132.60 2. 5,000 Flyers : 8-1/2" x 11", 1 sided on 20# color bond, printed in 2 ink colors 2/0 $42.44 $212.20 3. 2,000 sets NCR set: 8-1/2" x 11", 3-part NCR in white/canary/canary (non-standard seq.) rinted face black and red ink 2/0 , pad to $ 239.81 $ 479.62 4. 4,000 sets NCR Form: 8-1/2" x 14" 3-part NCR in Providesampfe white/canary/pink, printed face with black ink 1/0 pad top, 2 holes punched top $ 166.79 $667.16 5. 2,000 #10 Standard Envelope on 24# white Providesample wove, Reflex blue ink 1/0 $37.13 1$74.26 _ 6. 10,000 Pads : 8-1/2" x 5-1/2" in pads of 50 sheets, 20# white bond, black ink 1/0, pad top 1$9548.10 J $ 954,81 7 51000 Letterhead: 8-112" x 11" on 20# Capitol Provide sample bond, Reflex blue ink 1/0. Shrink wrap in $ 30.45 customer $ t52.25 customer suppli 500's, supplies paper paper _ 8. 1,000 Printed cards: 3" x 5" on 110# white index, black ink 1/0. $ 31.83 $ 31.83 9. 5,000 Printed cards: 8-1/2" x 11" on 110# white Provide sample card stock, black ink 1/1, numbered $79.57 $397.85 10. 5,000 Ooorknocker cards: 4-1/4" x 11" on 110# Provide sample white cardstock, black ink 1/1, with door $ 116.00 $580.00' knob hole punched at top. _ Subtotal $ 12 275.87 Sales Tax $ 1,135.52 sales tax increased in City of Santa Ma to 9.25°.5 7 75% GRAND TOTAL $13,411.39 Submit the five (5) sample jobs identified above with your proposal. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. _ RFP 19-029 OFFSET PRINTING SERVICES Page 11 25A-15 25A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: APPROVE AMENDMENT TO AGREEMENT WITH COMPULINK MANAGEMENT CENTER, INC. FOR ENTERPRISE CONTENT MANAGEMENT SYSTEM MAINTENANCE, SERVICES, AND LICENSES UP TO $480,000 (STRATEGIC PLAN NO. 7, 5A) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to approve agreement amendment with Compulink Management Center, Inc. DBA Laserfiche for Laserfiche Enterprise Content Management System maintenance, services, training, and software licenses in an amount not to exceed $480,000 over a three-year period from July 1, 2019, through June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. The City of Santa Ana has owned the Laserfiche Enterprise Content Management (ECM) System since 2002, using the product's document management solution to manage digital documents. In 2014, the City upgraded to Laserfiche's RIO platform, which included additional features, such as Electronic Forms and Workflow. Laserfiche is a market leader in municipal government document management systems and is highly rated by Nucleus Research and Gartner for its user-friendly interface, sophisticated functionality, and superior customer support. The Laserfiche system allows City staff to electronically store, index, process, and retrieve pertinent City records. It is being used by the Clerk of the Council, Finance and Management Services Agency, Public Works Agency, Community Development Agency, and Planning and Building Agency. The system is integrated with the City's financial management, utility billing, business license tax, dog license, and GIS systems, which allows access to related business documents and engineering drawings from the corresponding business application systems. One of the City's ongoing goals is to allow people the ability to electronically conduct as much business with the City as possible. The City is looking to leverage its investment in the Laserfiche ECM platform and expand its use of the system in order to improve business processes efficiencies by allowing documents to be managed electronically and for paper forms to be converted to electronic forms. 25B-1 Amend and Renew Agreements with Compulink Management Center, Inc. June 4, 2019 Page 2 The existing agreement, A-2014-144, provides for software maintenance and support as well as the ability for the City to acquire additional licenses, training services, and professional services as needed. The agreement renews automatically each year unless terminated by either party. An agreement renewal is required in order to receive regular software updates that allow the City to continue to ensure that the software works with newer City technology. The current annual cost of the software support and maintenance is approximately $60,000, or $180,000 over three years. Staff recommends authorizing an additional $300,000 to cover as -needed costs for additional licenses and staff training, and to engage professional services for system consulting. Santa Ana City Ordinance No. NS-2312 authorizes the City to make purchases against contracts from any public agency utilizing a competitive bid process. Laserfiche was awarded a contract by the National Cooperative Purchasing Alliance (NCPA contract #11-25) for procurement of document and records management as a result of open, competitive bidding that meets the City's requirement. Utilizing the NCPA cooperative contract allows the City to obtain nationally leveraged volume pricing on the Laserfiche Software Assurance Plan (LSAP). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7-Team Santa Ana, Objective #5 (Create a culture of innovation and efficiency within the organization), Strategy A (Promote the use of new technology to improve the delivery of services and information to staff and the community). FISCAL IMPACT The proposed FY 2019-20 budget includes funding in the Information Technology Enterprise Systems accounting unit 10920141, and funding will be budgeted in subsequent fiscal years. The following is an estimate of the account distribution by fiscal year, however, the actual amounts may vary between the fiscal years and accounts based on the timing of license purchases and provided services, but will not exceed the overall total. Accounting Unit 10920141 62300 Contract Services FYI 9/20 FY20/21 FY21/22 $100,000 $100,00 $100,000 Total $300,000 10920141 62306 Software Maintenance & $60,000 $60,000 $60,000 $180,000 Su port Total $160,000 $160,000 l $160,000 $480,000Ji APPROVED AS TO FUNDS AND ACCOUNTS: ".4- " Jack Piulla Kathryn Doivns ChiefvTechnology Innovations Officer Executive Director Information Technology Department Finance and Management Services Agency is Exhibits: 1. Compulink Management Center, Inc., First Amendment 2. Laserfiche — Schedule A (2019) 3. Compulink Management Center, Inc. DBA Laserfiche Agreement (2014) 25B-2 Exhibit 1 FIRST AMENDMENT TO SOFTWARE LICENSE AND PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on June 4, 2019, by and between Compulink Management Center, Inc. dba LaserFche ("Laserfiche"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2014-144, which commenced on June 12, 2014, by which Laserfiche agreed to provide Laserfiche Enterprise Software Licenses and Professional Services ("Agreement"). The Agreement provides for a perpetual license for the use of the software license and provides varied terms for the services related to the use of the software license. The Agreement remains in effect. B. The parties wish to amend the Agreement to remove services no longer provided by LaserFiche and amend the renewal periods, pricing, and the noted designate for the City related to the continuation of professional services by Laserfiche. The Parties therefore agree: 1. Schedule A — Laserfiche Software Purchased and Price Schedule, is hereby replaced with the attached amended and restated Schedule A. All references in the Agreement to Schedule A, shall henceforth refer to the attached amended and restated Schedule A to this First Amendment. 2. Schedule G - Accuflex Scanning Services, is hereby removed from the Agreement. All references to any scanning services provided by Accuflex, Inc. shall be removed from the Agreement as the services are now obsolete and no longer offered through Accutex, Inc. or by LaserFche. 3. Section 1— Term, is hereby amended to read in its entirety as follows: l.a. Software Licenses — All software licenses purchased by the City, during this Agreement, are considered perpetual and can only be terminated in accordance with Section 14, below. l.b. For the purposes of products or services below, the parties agree to extend the current term of the Agreement through June 30, 2019 for all products and services under the Agreement and then the new term, per this First Amendment, shall be extended for an additional three (3) year period from July 1, 2019 through June 30, 2022 in relation to the following: Purchase of future software licenses, training, and professional services under this Agreement at pricing and rates at Laserfiche's then -published rates or as agreed upon by the parties. Page I of 25B-3 • Maintenance and support, referred to as the Laserfiche Software Assurance Plan ("LSAP"), at pricing and rates at Laserfiche's then -published rates or as agreed upon by the parties. The parties may choose to exercise the option to renew the LSAP portion of this Agreement, after this three-year period, for one (1) year terms upon a writing approved by the City Manager and the City Attorney. l .c. The amount to be expended in furtherance of the renewal of this Agreement from July 1, 2019 through June 30, 2022, shall not exceed $480,000. The parties agree that any additional costs, including for extensions to the LSAP are subject to approval by the City Council. 4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By._ XIWAAL. JCLWN M.FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL Jack Ciulla Chief Innovations Officer Information Technology CITY OF SANTA ANA KRISTINE RIDGE City Manager COMPULINK MANAGEMENT CENTER, INC. ("LASERFICHE") By: PETER v4AY AKI Title: E.4eCj }iVC %IiM ?resi&AA Page 2 of 2 25B-4 Exhibit 2 Laser f icheo 2019—AMENDED AND RESTATED SCHEDULE The City of Santa Ana can purchase from any of the published and appropriate NCPA price lists or any other qualified contract vehicle that Laserfiche is on now or may be on In the future. Any pricing locks in the Agreement are hereby lifted and pricing will be as currently available on the above referenced price lists. 25B-5 Rio, .rNal .Udr[mU [oG 161Ab MV, M.. MV.9[mddl db .ndrtl OdfAilYe mm/rvo lbd oat Ww [Xf s %Om Iin f vam rNnanMNn4N11NRWNtm/mVtl YWGal mnYfLwmR� ./dma hfnliay A1m31. 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I.IwA j astlm ,na..nManx wnnmr.Mnum.xmm�iwe. mtegradon moll uwrwMfo( rm S >foW IIaA S 11615 fatnae Ywn enlnntl6.amv brn>um4neMnww vne wryr>4ena CwdJev4v1 25B-11 25B-12 INgUNANOU ON VILE WORK MAY PROCEED �UNTIL �INSURANCE EXPIRES ' `�-' cLERKOFcouNCIL M DATE. 6-30-14- Laserfiche Enterprise Software License and Professional Services Agreement This Enterprise Software License and Professional Services Agreement ("Agreement") ~ entered into by and between Compulink Management Center, Inc., a California corporation doing business as Laserfiche (`Laserfiche" ), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, with its primary place of business at 20 Civic Center Plaza, Santa Ana, CA 92701 r (referred to as "Licensee'). RECITALS A-2014-144 A. Laserfiche designs, develops and markets enterprise content management (ECM), business process management (BPM), and related software programs, products and professional services under the Laserfiche® brand name. Licensee desires to acquire the Laserfiche Software described in Schedule A (the "Laserfiche Software"), the professional services described in Schedule D and Section 4 (the "Services"), training described in Schedule E, and scanning services described in Schedule G of this Agreement. B. Licensee has therefore requested, and Laserfiche has agreed to grant, an enterprise software license authorizing Licensee to use the Laserfiche Software on all computer hardware and peripherals owned, leased or managed by Licensee, subject to the terms and conditions of this Agreement. C. Laserfiche Software constitutes valuable proprietary products, information and trade secrets of Laserfiche, embodying substantial creative efforts and confidential information, ideas, and expressions. Laserfiche has invested large amounts of capital and time to develop and promote the Laserfiche Software. Laserfiche claims copyrights and proprietary trade secrets in the Laserfiche Software. THEREFORE, in consideration of the premises and covenants contained in this Agreement, Laserfiche and Licensee agree as follows: 1. Term. This Agreement commences on the date first written above and includes provisions with various terms. The term of the software licenses purchased under this Agreement is perpetual and can only be terminated in accordance with Section 14, below. The term for purchasing software licenses, training, and professional services under this Agreement is thirty-six (36) months during which the pricing and rates will be as described in this Agreement. Thereafter; pricing and rates will be at Laserfiche's then -published rates or as agreed upon by the parties. Laserfiche Enterprise Software License and Profersional Services Agreement Page I Exhibit 3 25B-13 The term for purchasing scanning services under this Agreement is thirty-six (36) months during which the pricing and rates will be as described in this Agreement. License may renew this provision for two (2) one (1) year renewals. Thereafter, pricing and rates will be at Laserfiche's then -published rates or as agreed upon by the parties. The term for maintenance and support, referred to as the Laserfiche Software Assurance Plan ("LSAP"), will commence June 12, 2014, and continue for one (1) year. Thereafter, Licensee may renew the LSAP for one year ternis on June 12 of each year. The annual LSAP rates will remain fixed during the first three (3) years and, thereafter, be subject to the increase limits set forth in this Agreement. The option to renew will be exercised by Licensee's Executive Director of the Finance and Management Services Agency or other authorized staff designated by Licensee. 2. Definitions. A. "Laserfiche Software" means any software program, application, integration, customization, derivative work, or related software product developed, created, written, owned, licensed, distributed, sold or marketed by Laserfiche or licensed or marketed under the Laserfiche® trademark. For purposes of this Agreement, "Laserfiche Software" is described in Schedule A and includes all maintenance modifications to the Laserfiche Software provided to licensees. B. "LSAP" means the annual software maintenance agreement provided by Laserfiche to Licensee and known as the "Laserfiche Software Assurance Plan," or by its acronym "LSAP." All LSAP references in this Agreement shall refer to the LSAP "Basic" level of coverage which is described in Schedule F, attached and incorporated by this reference. C. "Acceptance" means that the Laserfiche Software has performed substantially in conformance with Laserfiche's Warranty for 30 days following installation of the Laserfiche Software. Licensee will conduct User Acceptance Testing (pursuant to Section 2.1) below) to determine if the Laserfiche Software has performed in accordance with Laserfiche's Warranty. Licensee's failure to notify Laserfiche in writing of any discrepancies within 30 days of installation of the Laserfiche Software will constitute Licensee's Acceptance. Upon Licensee's Acceptance of the Laserfiche Software, and except as otherwise specifically set forth in this Agreement, the Laserfiche Software license fee consideration paid to Laserfiche, together with the purchase of the LSAP maintenance agreement and the balance of any moneys due for the license of the Laserfiche Software, will all become final and non-refundable. D. "User Acceptance Testing (UAT)" refers to the testing procedures used to ensure that the Laserfiche Software solution reasonably satisfies Licensee's functional requirements as set forth in the Scope of Work attached to this Agreement and that it complies with Laserfiche's Warranty. User Acceptance Testing is intended to identify and expose defects and bugs in the Laserfiche Software solution and to communicate all ]mown issues to the Laserfiche project team and ensure that all issues are addressed in an appropriate manner before full implementation of the solution. During this stage of the project, Licensee should exhaustively test the system. This testing should be done using a testing plan developed by Laserfiche Enterprise Software License and Professional Services Agreement Page 2 25B-14 Licensee and reviewed by Laserfiche's Professional Services Group ("PSG"). The goals of UAT are as follows: • Goal #1: Identify and resolve all non -core -product defects that have occurred during the project's implementation process. For example, a Laserfiche workflow is accidently configured to route a document to the wrong person. Goal #2: Identify and resolve all core product defects that are relevant to Licensee's particular implementation, but which may also affect other Laserfiche clients generally. For example, a Laserfiche Workflow product causes an error when trying to connect to a database, even though the product has been correctly configured during the project's implementation process. If an immediate resolution is not possible, an appropriate work- around may be implemented with Licensee's approval, which will not be refused unreasonably. • Goal #3: Ensure the system satisfies all material technical and business requirements specified in the Scope of Work (SOW). During the UAT phase of the project, it is especially important to identify defects associated with Goal #1 and Goal #3, as these defects will not be covered by the Laserfiche Software Assurance Plan (LSAP) after the project is completed. Upon successful completion of the UAT, Licensee will sign a UAT form and will schedule the installation or implementation in the production environment. Before moving past the UAT phase of the project, Laserfiche PSG will require that Licensee give its written approval to move the system into production, which will not be refused unreasonably. Once Licensee approval is given, the project will unconditionally "close out" within 10 days after approval. If Licensee does not respond in writing to Laserfiche's request for approval to move the system into production within 10 days of Laserfiche's request, or Licensee does not reasonably refuse such approval within the 10-day period, Licensee will be the deemed to have approved moving the system into production. After "close out," all new work not covered by the LSAP agreement will be considered a new billable project. E. Stabilization. This stage of the project occurs after the system or component has started its production life following its Acceptance by Licensee. During this stage, one or more members of the Laserfiche PSG implementation team will be directly available to Licensee to help resolve all product issues (both core and non -core) that are identified in the production environment (although no work will be done in other environments). Unless otherwise stated in any SOW, the Stabilization stage will continue for 30 days following the commencement of the production phase, at which point the project will be considered closed. Once closed, all new work not expressly covered by LSAP will be considered a new billable project. F. "Delivery of Software" means the date that Laserfiche delivers or makes available to Licensee the Laserfiche Software described in Schedule A for installation at the location(s) identified in Schedule B of this Agreement. Delivery of Software will be electronic via download from Laserfiche's web or ftp site. Lasediche Enterprise Software License and Profession! Services Agreement Page 3 25B-15 G. "Derivative Work" means all software developed, created or written by or at the request of Laserfiche or any subsidiary or affiliate of it, which is based on or incorporates the Licensed Software. Derivative Work will include, without limitation express or implied, all translations, abridgments, condensation, improvements, updates, modifications, supplements, enhancements, or any other form or format in which the Licensed Software or the Documentation (as defined below) may be recast, transformed, adapted or revised. Derivative Work will also refer to any other software which the parties mutually designate in writing as a Derivative Work. H. "Documentation" means the current versions of all manuals, toolkits, guides and other written instructions, including information in computer readable format, published by Laserfiche and currently being used in connection with the Laserfiche Software, including all written addenda, supplements, additions, and modifications to the Documentation. I. "Warranty" means the Laserfiche's Limited Warranty as set forth in Section 11 of this Agreement. 3. Payment of License Fee for Laserfiche Software Licenses, A. Laserfiche Software Licenses Purchased. Licensee will pay Laserfiche the license fees for the Laserfiche Software Licenses Purchased specified in Schedule A. B. Laserfiche Software License Purchase Option. Licensee will have the option to purchase additional (optional) Laserfiche Software Licenses at the prices specified in the Price Schedule listed in Schedule A for a period of thirty-six (36) months from the execution date of this Agreement ("Purchase Option"). After the thirty-six (36) month Purchase Option term expires, Licensee may purchase additional Software Licenses at Laserfiche's then published prices, unless the parties agree to different prices at that time. Additional Software License purchases will be ordered by way of a purchase order or purchase communication referencing this Agreement from Licensee's Executive Director of Finance and Management Services Agency or Licensee's other authorized designee to the Laserfiche Account Representative assigned to Licensee, C. Software Payment Terms. All Laserfiche Software products will be subject to the terms, covenants, conditions, restrictions, disclaimers and limitations in this Agreement. The payment terms are specified in Schedule C. The payment of the software license fee by Licensee to Laserfiche will become final and non-refundable upon Acceptance of the Laserfiche Software. Time is of the essence in regard to all payments due under this Agreement. 4. Professional Services. Laserfiche will provide consulting, development, integration, installation, configuration, custom training, and other implementation services (the "Services") that are specified in any Scope of Work document ("SOW") that may be attached to Schedule D and incorporated to this Agreement by reference at any time during the term of this Agreement. The Services to be Laserfiche Enterprise Software License and Professional Services Agreement Page 4 25B-16 furnished and any SOW attached to this Agreement are subject to the following terms and conditions: A. Payment for Services (1) VIP Professional Services. Laserfiche provides a VIP Professional Services Pack that includes a designated number of pre -paid discounted Laserfiche professional services hours as well as other special client benefits including admission to the annual Laserfiche User Conference. VIP Service. hours are most commonly utilized to provide services that are not covered by LSAP as well as for small projects that come up throughout the year. Licensee will pay Laserfiche the amounts for the quantities of the VIP Professional Services Pack(s) specified in Schedule D, Description of Professional Services, for the June 12, 2014, - June 11, 2015, period. Licensee may use these hours as it desires for Laserfiche professional services engagements with an associated SOW totaling 40 hours or less. The VIP Professional Services Pack hours can fund Laserfiche professional services including installation, configuration, custom training, consulting, project management, and other implementation services involving the Laserfiche solution. The term of each VIP Professional Services Pack purchased will be one (1) year and will coincide with the annual LSAP maintenance terse. Laserfiche will track Licensee's VIP Professional Services hours used and provide usage and balance information to Licensee upon request. Unused VIP Professional Services hours will expire at the end of that year's term. Licensee is not required to purchase the VIP Professional Services Pack but may do so in whole or fractional amounts with each year's LSAP renewal. (2) Fees, Price Protection. Laserfiche Professional Service hours provided will be deducted from any available hours in Licensee's VIP Professional Services Pack Hours bank. When Licensee's VIP Professional Services Pack hours have been exhausted, Laserfiche Professional Services will be billed to Licensee on a Time and Materials (T&M) basis of the actual hours worked at the Laserfiche Professional Services Rates specified in Schedule D. Laserfiche will make available Laserfiche Professional Services to Licensee at the rates specified in Schedule D for a period of thirty-six (36) months from the execution date of this Agreement. Thereafter, Professional Services rates will be at Laserfiche's then -published rates or as agreed upon by the parties. The fees specified in any SOW are the total fees and charges for the Services specifically described in that SOW. If Licensee requires Services not specified in the SOW, or if the scope of work changes, Laserfiche will provide such Services at the rates specified in Schedule D, or, if after the term of this Agreement, at Laserfiche's then - published rates. Upon Licensee's Acceptance of all or any portion of the Services or Acceptance of the Laserfiche Software, and except as otherwise specifically set forth in this Agreement, the fees paid or owed to Laserfiche for the Services which Laserfiche has furnished before such Acceptance will be final and non-refundable. LaserfIche Enterprise Software License and Professional Services Agre weae Page 5 25B-17 (3) Out -of -Pocket Expenses. Laserfiche will not charge travel -related expenses or time for travel to and from Licensee's location in Santa Ana, California. Licensee will reimburse Laserfiche for all other reasonable out-of-pocket expenses as specified in the SOW that are incurred in performance of the Services. Laserfiche will obtain Licensee's written approval before incurring an expense which is not authorized by any SOW, purchase order, or other writing signed by Licensee, and which exceeds $2,500, unless Laserfiche incurs the expense due to emergency or other unforeseen circumstances which delay Laserfiche's ability to obtain such approval, in which case Laserfiche will seek approval of the expense after the fact. Licensee will approve all reasonable and necessary expenses incurred by Laserfiche in performance of the Services within 10 business days following Laserfiche's request for approval, Approval of expenses may be by email, fax or other communication confirmed in writing. B. Obligations of Laserfiche (1) Work on Licensee's Premises. Lascifiche's employees and agents will, whenever on Licensee's premises, obey all reasonable instructions and directions issued by Licensee. (2) Project Manager. Laserfiche will assign a Project Manager for the work to be provided in any SOW. The Project Manager will act as Laserfiche's representative and contact person with regard to the Services furnished to Licensee pursuant to this Agreement. Should this person no longer be active on Licensee's account or cease to be employed by Laserfiche for any reason, Laserfiche will designate a successor Project Manager reasonably acceptable to Licensee. (3) Consultations, Reports. Laserfiche will make available Laserfiche's representative, who will be mutually agreed upon by Laserfiche and Licensee, for monthly meetings, either in person or by telephone conference, to review the progress of all work under this Agreement. If requested by Licensee, Laserfiche will also prepare and submit to Licensee each month a written report setting forth the status of such work in a format to be mutually agreed upon by Laserfiche and Licensee. C. Obligations of Licensee (1) Licensee agrees to make available to Laserfiche, upon reasonable notice, computer programs, data and documentation required by Laserfiche to complete the Services. (2) Project Manager. Licensee will assign its own Project Manager to be Licensee's representative and contact person with regard to the Services to be furnished to Licensee pursuant to this Agreement; and should this person no longer be active on the Laserfiche project or cease to be employed by Licensee for any reason, Licensee will designate a successor Project Manager reasonably acceptable to Laserfiche. D. SOWs Laserflehe Enterprise Sofhvare License and Professional Services Agreement Page 6 25B-18 (1) When requested by Licensee during the term of this Agreement, the parties will in good faith negotiate and develop a Scope of Work document ("SOW") which, upon signing, will be attached to and incorporated to this Agreement by reference. The following provisions will govern SOWs generally: a. Term. In the absence of an express provision for the duration or early termination of a SOW, each SOW will be terminable in accordance with the provisions of this Agreement. b. Payment. SOWS may specify their own payment terms but should be based on the rates specified in Schedule D. In addition to Time and Materials (T&M), payment terms may be lump sum, periodic payment, payment against performance milestones, or a fixed price. If not specified, payment terms shall be T&M. As described above, VIP Professional Service hours may be used to fund SOWS. C. Content. SOWS will include written specifications for the work to be performed such as engagement goals and objective, requirements, time frame, resources, estimated hours and / or cost, and any other information that helps define the scope of the engagement. The content of the SOW will be flexible based on the type and size of the engagement. d. Costs of Negotiating. Each party will bear its respective costs relating to the negotiation of each SOW. e. Other. Each SOW may contain such additional terms and conditions as may be mutually agreed to by the parties. (2) Installation and Testing. All computer software programs developed or provided pursuant to any SOW will be subject to Acceptance pursuant to the Acceptance procedures and practices described in Section 2.D of this Agreement. If any software developed by Laserfiche pursuant to any SOW is not accepted, or if Licensee decides to terminate Services of the SOW before Acceptance of the completed work, Licensee may terminate the SOW without obligation to compensate Laserfiche for Services not yet provided as of the effective date of termination unless the SOW provides for different payment terms on termination. However, Licensee will nevertheless compensate Laserfiche for its Services provided prior to the effective date of termination, based on time and materials consistent with the rates agreed upon in the attached Schedules. Upon Acceptance of the Laserfiche Software or Acceptance of the Services, all fees for the Services furnished before such Acceptance will be final and non-refundable. E. Recruitment During the term of this Agreement and for six months thereafter, and except as limited by applicable law, Laserfiche and Licensee agree not to recruit, hire of subcontract with the employees or full-time consultants (or who were formerly employed or full-time consultants in the previous six months) of the other parry unless written permission is obtained from the other party. If a party breaches this Section, the breaching party will, within ten days of such breach, Laserfiche Enterprise Software License and Pra/essiona( Services Agreement Page 7 25B-19 pay the non -breaching party liquidated damages in an amount equal to 100% of the total salary or compensation paid by the non -breaching party to such current or former employee or full -tune consultant in the last twelve months of his or her employment or consulting work. The parties further agree that money damages may not be an adequate remedy for a breach by a party of this Section and, therefore, in addition to any other legal or equitable remedies available to it, the non -breaching party will be entitled to obtain an injunction against such hiring and employment. F. Limited Warranty on Services Laserfiche warrants the following with respect to Services performed: (1) Compliance with Specifications. Laserfiche's Services will substantially conform to the descriptions of the Services (including performance capabilities, completeness, specifications, configurations, and function) set forth in any SOW. (2) Laserfiche Professionals. All Services provided by Laserfiche will be performed in a professional manner by qualified personnel. Laserfiche personnel will observe and comply with Licensee's security procedures, rules, regulations, policies, working hours and holiday schedules. In performing services at Licensee locations, Laserfiche personnel will use their best efforts to minimize any disruption to Licensee's normal business operations (3) Compliance with Specifications after Acceptance. For a period of 30 days after Acceptance of any Services, any custom software programs developed under this Agreement will operate substantially in conformance with the specifications for such software. (4) Non -Infringement of Third Party Rights. The Services will not violate or infringe upon the intellectual property rights of third parties, including their trade secrets, proprietary information, or trademark, copyright or patent rights. (5) Limitations. Laserfiche's liability for breach of any of the above warranties or for any damages resulting from a breach of warranty will be strictly limited as set forth in Section 11 below ("LIMITATION OF LIABILITY AND DAMAGES"). 5. Installation and Training. A. Licensee will take the "ownership" role for installing the Laserfiche Software in the locations described in Schedule B of this Agreement. B. Laserfiche will provide training to Licensee personnel as described in Schedule E of this Agreement. C. Licensee personnel may attend scheduled training sessions at Laserfiche's offices in Long Beach, California, at Laserfiche's published charges. All Licensee personnel who attend training sessions will be responsible for any travel, food, lodging or other out-of-pocket business expenses incurred in attending the training session. Laserfiche Enterprise Software License and Professional Services Agreement Page 8 25B-20 6. Laserfiche Software Assurance Plan (LSAP). A. Laserfiche will provide Licensee the Laserfiche Software Assurance Plan (LSAP) as described in Schedule F, Laserfiche Software Assurance Plan, attached to this Agreement. B. LSAP support services will commence beginning with the Delivery of Software for installation at Licensee's locations. The parties recognize that the rollout of the Laserfiche Software for Licensee may present unique issues. Therefore, upon Licensee's request, Laserfiche will use its reasonable best efforts to expedite its responses to Licensee's requests for assistance to facilitate Licensee's Acceptance of the Laserfiche Software. C. The LSAP fees charged for additional Software Licenses purchased under the Purchase Option term of this Agreement (section 3.13) or beyond for the same Laserfiche Software Component License(s) Licensee already owns at that time (e.g.: to increase quantity) will be at the same rate(s) Licensee is already paying for said Software Component License(s) LSAP during that LSAP maintenance year. This will provide consistent rates on LSAP invoices for Software Licenses purchased at different times. The LSAP fees charged for additional Software Licenses purchased under the Purchase Option term of this Agreement (section 3.13) in which Licensee does not already own said Software Component License(s) will be at the rate(s) specified in the Laserfiche Price Schedule listed in Schedule A for that LSAP maintenance year. 7. Grant of License. Description. Laserfiche grants Licensee a limited, irrevocable, non-exclusive, non- transferable license to use the Laserfiche Software described on Schedule A, subject to the terms and conditions of this Agreement and the License File which accompanies the Laserfiche Software. The Laserfiche Software may include, without limitation express or implied, some or all of the following types of software: (a) "Server Software" that provides document management services to other programs, and "Client Software" that allows a computer or workstation to access or utilize the services provided by the Server Software; (b) "Stand-alone Software" that operates on a single computer; and (c) "Plug-in Software Modules" that can be added to the previously mentioned Software packages. If a separate, express license applies to particular Laserfiche Software, such as terms that accompany a software development kit, "demonstration" software provided only for demonstration, testing and feedback purposes or software designated for "application service provider" purposes, those terms apply. Otherwise, this Agreement applies to the Laserfiche Software that is described in Schedule A and one or more License Files, which constitute plain text and machine readable code generated by Laserfiche, reside on the server or computer folders containing the Laserfiche Software, and are installed as part of the processing of downloading the Laserfiche Software. Laserfiche grants Licensee a limited, non- exclusive, non -transferable license to use the Laserfiche Software subject to the terms and conditions of this Agreement and the License Files which accompany the Laserfiche Software. A. Limitations and Requirements. (1) The License Files constitute part of this Agreement. The License Files define the scope and limitations of the Software. Licensee may use the Software only for Laserfiche Enterprise Software License and Professional Services Agreement Page 9 25B-21 the number and types of users, until the expiration date(s), if any, described in the License Files, and subject to the other limitations specified in the License Files. If Licensee receives a License Manager program that enables installation of the Software for access by multiple users, Licensee may use the License Manager program only to install the Software for access by the numbers and types of users, and subject to the other limitations described in the applicable License File. (2) If a Rio product is being licensed, Licensee may install up to the maximum number copies of the Server Software listed in the applicable License File (labeled as "instances") to multiple physical or virtual operating system environments so long as those installations have continuous network access to a running instance of the included License Manager program. Licensee may install only one copy of any License Manager program on a single physical or a single virtual operating system environment. (3) The Server Software may only be operated with the database system(s) (Microsoft SQL Server or Oracle) listed in the applicable License File. If no database system is listed in a License File, then such Server Software may only be operated with Microsoft SQL Server Express. (4) If a License File includes an item labeled as "databases" (also known as repositories), the Server Software may only host the number of databases listed in the License File, unless Licensee is acquiring a license to the Laserfiche Rio product. If Laserfiche Rio is being licensed, each running copy of the Server Software may host up to the number of databases listed in the License File. (5) If a License File indicates that the Software includes "named user connections," Licensee may allocate the named user connections to specific individuals or devices at Licensee's discretion. When a named user connection is allocated to a specific individual person's Laserfiche or external directory account, that individual may not share the use of that named user connection by sharing the use of the account with others. When a named user connection is allocated to a device, the connection may only be used from that device and various individuals may share the use of that device so long as only one individual is accessing the Server Software from that device at a time. There are two types of named user connections — named user connections capable of modifying a database governed by the Server (referred to as 'Named Full User" connections and listed in the License File as "named read-write objects") and named user connections capable of only read-only access (referred to as "Named Retrieval" connections and listed in the License File as "named read-only objects"). Only the maximum number of each type of named user connection listed in the applicable License File may be allocated to individuals or devices. Named user connections may not be routinely reallocated for the purpose of lessening the number of named user connections required. A third type of named user connection is available on a limited basis, which has all of the capabilities of a Named Retrieval User connection, plus a limited set of additional read-write capabilities, which are listed in the License File. This third type of connection is referred to as "Restricted Named User" connection and is listed in the License File as "RestrictedNamedUSeILimit." The Restricted Named User Connection has the additional capabilities listed in the License File in a section called "RestrictedUserFeatures." Only Laserfiche Enterprise Software License and Professional Services Agreement Page 10 25B-22 the maximum number of each type of named user connection listed in the applicable License File may be allocated to individuals or devices. Named user connections may not be routinely reallocated for the purpose of reducing the number of named user connections required. (6) If a License File indicates that the Software includes "concurrent user connections," the concurrent user connections may be shared among individuals. There are two types of concurrent user connections — concurrent user connections capable of modifying a database governed by the Server (referred to as "Full User" connections and listed in the License File as "read-write users") and concurrent user connections capable of only read-only access (referred to as "Retrieval' connections and listed in the License File as "read-only users"). Once the maximum number of read-write or read-only concurrent user connections specified in the applicable License File is reached, no additional user connections of that type may be made, until some user connections of that type are closed. Individuals who require write access in the course of their work must use a Full User connection at all times; thus, individuals assigned to use a Full User connection may not use a Retrieval connection to perform read-only tasks which do not require a Full User connection. Hardware or software may not be used to reduce the number of concurrent user connections required for individuals to access or otherwise utilize Server services (sometimes called "multiplexing'). () If a License File indicates that the Software lists a maximum number of "Public Portal connections" (listed as "read-only public portals"), which are intended to allow members of the public (referred to as "Public Users") read-only access to the Server Software only using a Laserfiche application known as WebLink, then once the maximum number of Public Portal connections specified in the License File is reached, no additional Public Portal connections may be made until some Public Portal connections are closed. If the License File lists a maximum number of CPU sockets that may be utilized to support Public Portal access (listed as "read-only CPU limit"), then Public Portal connections may be made only if the physical or virtual machine on which the Server Software is running has the listed number of CPUs or fewer. If neither a maximum number of Public Portal connections nor a maximum number of CPUs for Public Portal access is listed in the applicable License File, then no Public Portal connections may be made. If the Software is licensed with the Web Distribution Portal (listed as "SecurityProfiles=l" in the License File), all connections through WebLink will have the same security profile. (8) Licensee may not install a version of the Server Software later than the version listed in the applicable License File. (9) If a License File lists an expiration date, the Software referenced in the License File may not be run after that date. (10) If a License File specifies one or more languages, then the Laserfiche user interface may only be run in those languages. Laserfiche Enterprise Software License and Professional Services Agreement Page 11 25B-23 (11) If Software requires a product key or keys to install or access it, Licensee is responsible for the use of the keys assigned to Licensee. Licensee is not authorized to share the keys with third parties. (12) Activation associates the use of particular Software with a specific device. This procedure is to prevent unlicensed use. During activation, the Software will send information about the Software and the device to Laserfiche. This information may include the product key of the Software, the intemet protocol address of the device and information derived from the hardware configuration of the device. By downloading and using the Software, Licensee consents to the transmission of this information. (13) Add-ons and additional features that the Software can support may be used only when listed in a License File. (14) If Licensee desires to upgrade or enhance the capabilities of the Software or the numbers of users, connections or other features, Licensee must acquire the required additional rights from Laserfiche or an authorized reseller, in which case Licensee will also receive a new or updated License File. (15) The Software may only be used as intended, according to the capabilities made available through its various user interfaces and according to the Documentation, . (16) As between Laserfiche and Licensee, Licensee will be solely responsible for configuring the Software and the databases to restrict access only to particular individuals who are permitted users hereunder. Licensee may delegate responsibilities relating to configuration to a third -party such as a reseller; however, it remains ultimately liable for complying with this License Agreement and the applicable License Files. Licensee waives all liability, claims, damages and suits against Laserfiche, and all of its employees, officers, directors and contractors in any way related to the unauthorized disclosure of, or access to, information or documentation in the databases, whether or not due to a defect in or malfunction of the Software. Licensee acknowledges that this License Agreement contains other limited warranties and limitations and waivers of damages and claims, and that Licensee's waiver of liability in this section will be in addition to, and not in lieu of, Licensee's other waivers set forth elsewhere in this License Agreement. (17) If Software is famished to Licensee with materials indicating that it is "Demonstration, " "Beta" or "Test" software, Licensee acknowledges that: (A) Laserfiche is famishing the Software to Licensee solely for demonstration, or testing and feedback purposes; (B) Licensee is strictly prohibited from using the Software for any purposes other than (i) demonstration of its capabilities to prospective licensees of the Software, (ii) evaluation and / or testing of the Software for suitability for the period allowed in the applicable License File, or (iii) providing feedback to Laserfiche; (C) testing does not include staging on a server in a production environment, such as loading content before or in conjunction with production use; (D) Laserfiche makes no warranties, representations or any other claims with regard to the Software's usability, reliability, performance, or overall quality; (E) Licensee will indemnify and defend Laserfiche Laserfiche Enterprise Software License and Professional Services Agreement Page 12 25B-24 against any claim, suit, damages or other losses, including attorney's fees and expenses, resulting from the use of the Software by Licensee; and (F) Licensee's receipt of the Software does not constitute a license to use, sell, distribute, or commercialize the Software or copies of it. No compensation will be paid to Licensee for any use of the Software or for performing any service or giving any advice, analysis, or feedback to, or for the benefit of, Laserfiche. Licensee assigns and agrees to assign to Laserfiche without charge any suggestions, ideas, improvements and resulting intellectual property relating to any feedback it provides, for any purpose. Laserfiche's rights to the feedback survive the termination of this License Agreement. (18) If the License File lists the Standard Forms feature, then the forms features of Laserfiche may be used by Named Full Users, If the License File lists the Forms Portal feature, then Public Users may submit forms that initiate a forms business process, but Public Users may not participate in subsequent steps in the forms business processes, or create or configure forms or forms business processes, or otherwise use the forms features of Laserfiche. Named Retrieval Users and Restricted Named Users are defined as Public Users for this purpose. If the License File lists the Forms Portal and Authenticated Participants, then users designated as Authenticated Participants may submit forms after authentication and may participate in forms business processes at steps after the initial submission. However, Authenticated Participants may not create or configure forms or forms business processes or otherwise use the forms features of Laserfiche. B. Compatibility. Except as expressly warranted in the Documentation, Laserfiche does not warrant the Laserfiche Software for any computer and operating system. Licensee will be responsible for consulting with Laserfiche for information about compatibility. Licensee acknowledges and agrees that Laserfiche will not have any responsibility or liability for any defect, problem or software error which in any way results from or is attributable to any non- Laserfiche software, program, code, utility or application provided by Licensee, Laserfiche or any other third party provider. 8. Protection of Confidential Information. A. Each party may have access to information that is confidential to the other party ("Confidential Information"). Laserfiche's Confidential Information will include, but not be limited to, the Laserfiche Software, including the object code, source code, and Documentation, the terms of this Agreement and all referenced schedules, formulas, methods, know how, processes, designs new products, developmental work, derivative works, the terms and pricing under this Agreement, and any other information which is clearly identified in writing at the time of disclosure as confidential and that meets the criteria for non -disclosure under laws of the State of California, including the California Public Records Act. During the term of this Agreement and for seven years following its termination, and for such additional term as the Laserfiche Software remains Laserfiche's trade secret or Confidential Information, Licensee will not directly or indirectly, alone or in conjunction with any other person or company, (a) attempt to write or develop software in order to discover the Laserfiche Software source code or other trade secrets contained in the Laserfiche Software; or (b) utilize the Laserfiche Software, Laserfiche Enterprise Software License and Professional Services Agreement Page 13 25B-25 Documentation, or the Confidential Information, either directly or indirectly, to sell, market or distribute any software product which competes with the Laserfiche Software; or (c) utilize the Laserfiche Software, Documentation, or Confidential Information, directly or indirectly, to assist, advise or consult with any other person or company in selling, marketing or distributing any software product which competes with the Laseifiche Software; or (d) publish the Laserfiche Software for others to copy; or (e) utilize the Laserfiche Software, Documentation, or Confidential Information, directly or indirectly, to convert, or to assist, advise or consult with any other person or company to convert, any end user of the Laserfiche Software to a software product which competes with the Laserfiche Software; or (f) remove any product identification, copyright legend or other notices from the Laserfiche Software or Documentation, or directly or indirectly attempt to challenge the validity of the copyrights, trademarks, and trade secrets in the Laserfiche Software claimed by Laserfiche or third parties identified in the Laserfiche Software or Documentation. The software source code and the trade secrets therein are not licensed to Licensee, and all modifications, additions, or deletions are strictly prohibited. Licensee must obtain Laserfiche's prior written approval to disclose to a third party the results of any benchmark test of the Laserfiche Software unless such disclosure is required under the laws of the State of California, including the California Public Records Act. B. Licensee's Confidential Information will include, but not be limited to, its trade secrets, methods, processes, procedures, formulas, know-how, designs, new products, developmental work, marketing requirements, marketing plans, customer names and data, prospective customer names and data, the terms of this Agreement and all referenced schedules, and any other information clearly identified in writing at the time of disclosure as confidential and that meets the criteria for non -disclosure under laws of the State of California, including the California Public Records Act. C. Confidential Information also includes all information received from third parties that either party is obligated to treat as confidential and all verbally -disclosed information that is identified by either party as confidential, provided that any unwritten confidential information is subsequently (within 30 days of disclosure) confirmed to be confidential by a written memorandum describing the information furnished, claiming the information to be confidential, and describing the circumstances under which it was furnished. D. Confidential Information will not include information that: (i) was in the other parry's lawful possession before its disclosure and was not obtained, directly or indirectly, as a result of a breach of confidentiality or violation of law by any non-party to this Agreement; or (ii) is or becomes a part of the public domain through no wrongful or illegal act or omission of the other party or of any non-party who breached a duty of confidentiality by placing the. Confidential Information in the public domain; or (iii) is lawfully disclosed to the other party by a non-party without restriction on disclosure; or (iv) is independently and lawfully developed by the other party without use of or reference to the other party's Confidential Information or breach of this Agreement. In addition, this section will not be construed to prohibit disclosure of Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, however, that, if permitted by law, the responding party will first have used reasonable efforts to provide notice to the other party of such a request or order, in order to permit such other party to oppose such disclosure or to obtain Laserfiche Enterprise Software License and Professional Services Agreement Page 14 25B-26 a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. E. The parties will not, unless required by law, make each other's Confidential Information available in any form to any third party (except each parry's respective legal, tax, and accounting advisors, technology consultants, and other persons who have a reasonable need to know such Confidential Information for performance by Laserfiche or Licensee under this Agreement) or to use each other's Confidential Information for any purpose other than in the performance of this Agreement. Except to persons described in the previous sentence, Licensee will not disclose the results of any Acceptance tests results or findings.without Laserfiche's prior written approval. Each parry agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in breach of this Agreement. The parties agree to hold each other's Confidential Information in confidence during and for seven years after the termination of this Agreement or until such Confidential Information is no longer confidential. Each party acknowledges and agrees that, because of the unique nature of Confidential Information, there can be no adequate remedy at law for breach of this confidentiality provision, and that such breach would cause irreparable harm to the non - breaching party; therefore, the non -breaching parry will be entitled to seek immediate injunctive relief, in addition to whatever remedies it might have at law or under this Agreement. F. The exchanged Confidential Information will remain the property of the party disclosing such Confidential Information, and upon request, except where provided expressly to the contrary herein, the receiving party will return all Confidential Information received in tangible form to the disclosing party, or at the disclosing parry's option, destroy all such Confidential Information and certify such destruction to the disclosing party. 9. Ownership of Data and Works: Copyright. A. Ownership. The Laserfiche Software is licensed and not sold. Laserfiche will retain ownership of, and title to, the Laserfiche Software and Documentation (including all adaptations, derivative works or copies). Licensee agrees that Laserfiche is the owner of all rights, title and interest in all computer programs that comprise the Laserfiche Software, including any source code, object code, derivative works, enhancements and modifications, all files, including input and output materials, all Documentation related to such computer programs and files, all media upon which any such computer programs, files and documentation are located (including tapes, disks and other storage media) and all related material that are used by, developed for, or paid for by Licensee in connection with the performance of any Services provided by Laserfiche. Licensee is acquiring the license under the terms described in this Agreement and the License File(s) described in Section 7.A above, and Licensee acquires no other rights. Licensee will retain ownership of, and title to, all content, data files, and similar materials developed and stored by Licensee. B. Proprietary Rights. The Laserfiche Software and the Documentation are protected by United States and other international copyright laws, conventions and treaties, Licensee agrees that all copyrights and other proprietary rights in computer programs, files, Documentation, and related materials that are paid for by Licensee or developed by Laserfiche in connection with this Agreement are owned by Laserfiche, and Licensee hereby assigns to Laserfiche Enterprise Software License and Professional Services Agreement Page 15 25B-27 Laserfiche all right, title and interest in such copyrights and other proprietary rights. Licensee may copy the Documentation solely for internal, reference purposes, as long as this Agreement is in effect and the copy includes all trademark and copyright notices set forth on the Documentation, and the use of such copy does not violate or breach any other term or provision of this Agreement. 10. Other Restrictions. Licensee may not sublicense, assign, loan, duplicate, rent, lease, cgnvey or otherwise use, transfer, copy, translate, convert to another programming language, alter, modify, decompile, disassemble or reverse engineer the Laserfiche Software, in whole or in part, except as expressly permitted or authorized by this Agreement. Licensee will not use or acquire any Laserfiche Software product from anyone other than Laserfiche or an authorized Laserfiche reseller and will not use any illegal or unauthorized means to download, access or copy any Laserfiche Software product for any purpose whatsoever. Unless a separate license expressly authorizes a particular application or use of Laserfiche software, such as for "application service provider" purposes, all users of the Laserfiche Software must be employees of Licensee or independent contractors bound by contractual obligation to use the Laserfiche Software solely in the course of Licensee's business: all other uses of the Laserfiche Software are strictly prohibited, including, without limitation, (a) use in the business of an application service provider, commercial software hosting business or a scanning bureau, and (b) transferring, copying or other dissemination of the Laserfiche Software outside of the legal person that constitutes Licensee. Licensee will strictly comply with the all United States laws regarding or governing the export of technology. 11. LIMITED WARRANTY AND DISCLAIMER. A. Laserfiche warrants that the Laserfiche Software, as and when delivered to Licensee, will substantially conform to the specifications set out in the Documentation. In addition, defective media, if any, will be replaced when it is returned postage or shipping prepaid to Laserfiche. The warranties on the Laserfiche Software will continue in full force and effect for a period of thirty days after Licensee's Acceptance of the Laserfiche Software. B. Except as stated above, LASERFICHE LICENSES THE LASERFICHE SOFTWARE ON AN "AS IS" BASIS AND WITH ALL FAULTS AND WITHOUT ANY OTHER WARRANTIES OF ANY KIND. LASERFICHE DOES NOT WARRANT THE ERROR -FREE OPERATION OF THE LASERFICHE SOFTWARE. EXCEPT AS EXPRESSLY STATED ABOVE, LASERFICHE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE LASERFICHE SOFTWARE. LASERFICHE DOES NOT WARRANT THAT THE LASERFICHE SOFTWARE WILL SATISFY THE REQUIREMENTS OF LICENSEE OR THAT IT IS WITHOUT DEFECT OR ERROR, OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. 12. LIMITATION OF LIABILITY AND DAMAGES. Laserfiche Enterprise Software License and Profession! Servtees Agreement Page 16 25B-28 A. LASERFICHE'S LIABILITY FOR ANY DAMAGES OR INJURIES SUFFERED BY LICENSEE, WHETHER BASED ON A BREACH OF CONTRACT, BREACH OF WARRANTY, CLAIM OF NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE AMOUNT THAT LICENSEE HAS ACTUALLY PAID TO LASERFICHE FOR THE DEFECTIVE OR NON -COMPLIANT LASERFICHE SOFTWARE COMPONENTS OR SERVICES WITHIN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT LICENSEE FILES SUIT OR OTHERWISE NOTIFIES LASERFICHE OF AN EXISTING OR POTENTIAL CLAIM AGAINST LASERFICHE, WHICHEVER OCCURS FIRST. NO ACTION MAY BE BROUGHT AGAINST LASERFICHE OR ITS REPRESENTATIVES UNDER THIS AGREEMENT MORE THAN ONE YEAR AFTER LICENSEE DISCOVERED OR SHOULD HAVE DISCOVERED THE FACTS WHICH GAVE RISE TO THE CLAIM OR CAUSE OF ACTION. NO RESELLER, VAR, DISTRIBUTOR OR OTHER THIRD PARTY MAY MODIFY, SUPPLEMENT OR CHANGE THIS WARRANTY WITHOUT THE EXPRESS PRIOR WRITTEN APPROVAL OF LASERFICHE. B. UNDER NO CIRCUMSTANCES WILL LASERFICHE OR LICENSEE OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, RESELLERS, DISTRIBUTORS, AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, OR SUPPLIERS (COLLECTIVELY, "REPRESENTATIVES") BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTIES FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSSES FROM BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, COSTS OF RECREATING LOST DATA, THE COST OF SUBSTITUTE EQUIPMENT OR PROGRAMS SUSTAINED BY EITHER PARTY OR BY ANY THIRD PARTY, OR ANY OTHER PECUNIARY LOSS), REGARDLESS OF WHETHER EITHER PARTY OR ITS REPRESENTATIVES HAVE BEEN WARNED OF SUCH DAMAGES OR CLAIMS. C. NOTWITHSTANDING THE FOREGOING, SECTIONS 12A AND 12B WILL NOT APPLY TO THE LIABILITY OF EITHER PARTY TO INDEMNIFY THE OTHER AGAINST THIRD -PARTY CLAIMS ARISING OUT OF ITS INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 13. INSTEAD, THE FOLLOWING LIMITS WILL APPLY TO THIRD -PARTY INDEMNITY CLAIMS: (1) IF AN INDEMNITY CLAIM IS MADE AGAINST LASERFICHE, ITS MAXIMUM LIABILITY FOR THE CLAIM WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE AGGREGATE CONTRACT PRICE SET FORTH IN SCHEDULES A AND D OF THIS AGREEMENT FOR SOFTWARE AND SERVICES, LESS (A) ALL AMOUNTS REMAINING UNPAID BY LICENSEE TO LASERFICHE AND (B) LESS ALL AMOUNTS REFUNDED OR CREDITED BY LASERFICHE TO LICENSEE. (2) IF AN INDEMNITY CLAIM IS MADE AGAINST LICENSEE, ITS MAXIMUM LIABILITY FOR TH CLAIM WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE CONTRACT PRICE AS SET FORTH IN Laserfiche Enterprise Software License and Professional Services Agreement Page 17 25B-29 SCHEDULES A AND D OF THIS AGREEMENT FOR SOFTWARE AND SERVICES. (3) ADDITIONALLY, LICENSEE'S CONTRACTUAL OBLIGATION TO PAY TO LASERFICHE THE BALANCE OF THE CONTRACT PRICE OR FOR UNPAID INVOICES FOR LASERFICHE SOFTWARE, SERVICES, MAINTENANCE OR SUPPORT WILL NOT BE LIMITED BY ANY LANGUAGE IN THIS OR ANY OTHER SECTION OF THIS AGREEMENT. D. IN RESPECT TO ALL THIRD -PARTY INDEMNITY CLAIMS, THE PARTY ENTITLED TO INDEMNITY WILL ALSO BE ENTITLED TO RECOVER ALL AMOUNTS WHICH MAY BE PAYABLE UNDER THE OTHER PARTY'S APPLICABLE INSURANCE POLICIES; AND NEITHER PARTY'S INSURERS WILL BE EXPRESS OR IMPLIED THIRD -PARTY BENEFICIARIES OF ANY LIMITATION OF LIABILITY IN SECTION 12 OF THIS AGREEMENT. E. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LASERFICHE AND LICENSEE. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE OTHER PARTY WOULD NOT BE ABLE OR WILLING TO ENTER INTO THIS AGREEMENT WITHOUT SUCH LIMITATIONS. 13. Indemnification. A. Laserfiche will indemnify and hold harmless Licensee, and each of its employees, officers and directors, against all liabilities and expenses (including without limitation, reasonable attorney's fees and expenses), costs, judgments, settlements, contract losses, or other costs arising out of or relating to (1) any final judgment or settlement which awards damages or injunctive relief to a third -party based on a finding that the Laserfiche Software infringed or misappropriated a patent, copyright, trademark or trade secret of a third party, and (2) personal injuries and physical property damage caused by Laserfiche's negligence. Laserfiche's indemnity obligation will be limited as stated in Section 12.C(1). B. Licensee will indemnify and hold harmless Laserfiche, and each of its employees, officers and directors, against all liabilities and expenses (including without limitation, reasonable attorney's fees and expenses), costs, judgments, settlements, contract losses, or other costs arising out of or relating to (1) any claim related to Licensee's use of the Laserfiche Software in breach of this Agreement or the Laserfiche Software License Agreement or any other claim resulting from a misrepresentation or concealment, patent, trademark or copyright infringement, misappropriation or misuse of proprietary information, or violation of law, and (2) personal injuries and physical property damage caused by Licensee's negligence. Licensee's indemnity obligation will be limited as stated in Section 12.C(2). 14. Termination of Agreement. A. Termination. Either party, upon giving written notice to the other party, may terminate this Agreement: Laserfiche Enterprise Software License and Professional Services Agreement Page 18 25B-30 (1) if either party breaches an obligation to pay moneys owed to the other, and fails to cure the non-payment within ten days written notice of non-payment; (2) if the other party breaches any non -monetary provision of this Agreement and the breach is not remedied within thirty days of the party's receipt of written notice of the breach; provided, however, that if a breach cannot reasonably be remedied within thirty days of written notice, such breach will be remedied as soon as reasonably possible thereafter, but in any event within ninety days of written notice; or (3) if at any time after the commencement of the Services, Licensee, in its reasonable judgment, determines that such Services are inadequate, unsatisfactory, or substantially nonconforming to the specifications, descriptions, or warranties contained herein and the problem is not remedied within ninety days of the party's receipt of written notice describing the problem. B. Survival. Termination of this Agreement will not affect either party's obligation to pay for any products or services incurred before termination and willnot release the parties from their respective contractual obligations incurred before termination including, without limitation, to protect the Confidential Property of the other. 15. Notices. Notices must be given in writing to the address stated at the end of this Agreement, or to such other address as either party may substitute by written notice to the other. Any notice involving breach or termination, must be personally delivered or sent by recognized overnight courier (such as Federal Express or DHL) or by certified mail, postage pre -paid and return receipt requested, with a copy by email or fax. All other notices may be sent as stated above, or by fax, email, or First Class Mail. All notices will be deemed to have been given and received on the earlier of actual delivery (except that faxes, emails and other notices received on a non - business day or after business hours will be deemed received on the next business day, according to the recipient's business calendar) or three (3) days from the date of postmark. A notice will be valid, even if not fully compliant with the above procedures, if the party giving notice has complied with any means of transmission and can prove that the recipient actually received the notice. 16. Insurance. Prior to undertaking performance of work under this Agreement, Laserfiche shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Laserfiche shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Laserfiche's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total Laserfiche Enterprise Software License and Professional Services Agreement Page 19 25B-31 amount of One Million Dollars ($1,000,000) per occurrence. Such insurance shall (a) name Licensee ("the City"), its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. B. Business Automobile Liability Insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance: In accordance with the provisions of Section 3300 of the Labor Code, Laserfiche is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Laserfiche agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. D. Professional Liability Insurance: If Laserfiche is or employs a licensed professional such as an architect or engineer, Laserfiche is required to carry Professional Liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. E. The following requirements apply to the insurance to be provided by Laserfiche pursuant to this section: (1) Laserfiche shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. (2) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (3) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. F. If Laserfiche fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Laserfiche's right to be paid.for its time and materials expended prior to notification of termination. Laserfiche waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 17. General. A. Severability. If any provision of this Agreement is adjudicated or held to be unlawful, void, or unenforceable, that provision will be severed from this Agreement and will not affect the validity and enforceability of any of its remaining provisions. Laserfiche Enterprise Software License and Professional Services Agreement Page 20 25B-32 B. Supersedes Other Agreements. This Agreement contains the sole and exclusive agreement between Laserfiche and Licensee relating to its subject matter. It will not be modified or amended in any way by any purchase order or other document issued by Licensee to Laserfiche. Any amendment or modification must be in writing and signed by both Laserfiche and Licensee. C. No Authority. Laserfiche's resellers, dealers and distributors are not authorized to modify this Agreement, or to make any additional representations, commitments, or warranties binding on Laserfiche. D. Assignment. This Agreement may not be transferred or assigned by Licensee without the prior written consent of Laserfiche. Any permitted transfer or assignment of this Agreement will be void unless and until the transferee or assignee agrees in writing to be bound by this terms of this Agreement. E. Applicable Law. This Agreement will be governed and construed by -the laws of the State of California, without reference to that state's choice of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. F. Arbitration of Disputes. Any dispute, claim or controversy arising out of or relating to any claim regarding the breach, termination, enforcement, interpretation or validity of this Agreement will be determined by arbitration in the venue described in Section G below before one arbitrator. The arbitrator must have substantial experience in the field of intellectual property law, either as an attorney or as an arbitrator or judge, and possess a basic understanding of software licensing. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause will not preclude the parties from seeking provisional remedies in aid of arbitrition from a court of appropriate jurisdiction. G. Venue. Any arbitration, suit, action or proceeding arising from or related to this Agreement or the rights or obligations of the parties under it, whether in contract, tort or otherwise, must be brought exclusively in the JAMS office in Los Angeles, California, if an arbitrated dispute, or in the state and federal courts located in Los Angeles County, California. All parties consent and agree to the jurisdiction of the state of California, and consent and agree to venue for any such suits in the state and federal courts located in Los Angeles County, California. H. Taxes. Except to the extent that Licensee has .provided an exemption certificate, direct pay permit or other such appropriate documentation, Laserfiche will add to each invoice any sales, use, excise, value-added, gross receipts, services, consumption and other similar transaction taxes, however designated, that are properly levied by any taxing authority upon the provision of the Laserfiche Software or the Services, excluding, however, any state or local privilege or franchise taxes, or taxes based upon Laserfiche's net income. Also, Laserfiche and Licensee will each bear sole responsibility for all taxes, assessments, and other ad valorem levies on each party's respective own personal property. Lasefiche Enterprise Software License and Professional Services Agreement Page 21 25B-33 I. Force Majeure. Neither party will be liable for any failure or delay in performance if the failure or delay is due to any war, riot, revolution, explosion or sabotage, casualty beyond the reasonable control of such party and its employees, change in government law, order or regulation. J. Export Restrictions. Licensee acknowledges that the Laserfiche Software and all related technical information, documents, and materials are subject to United States export jurisdiction and controls under the U.S. Export Administration Regulation. Licensee must comply with all applicable federal, state, county, and local laws, ordinances, regulations, and codes, including but not limited to, the procurement of required permits, certificates, approvals; and inspections in Licensee's performance of this Agreement. In addition, Licensee must comply with applicable international export laws and regulations. Licensee represents, warrants and certifies that Licensee will (i) comply strictly with all legal requirements, (ii) cooperate fully with Laserfiche in any official or unofficial audit or inspection that relates to these controls, and (iii) not export, re-export, divert, transfer, or disclose, directly or indirectly, any Laserfiche Software or related technical information, document, or products to any country restricted by applicable export laws or regulations, as modified from time to time, or to any national or resident of such country, unless Licensee has obtained the prior written authorization of Laserfiche, the U.S. Commerce Department and any other required governmental authority. K. U.S. Government Restricted Rights Notice. The Laserfiche Software is provided with restricted rights. Use, duplication or disclosure for or by the government of the United States, including without limitation any of its agencies or instrumentalities, is subject to the restrictions set forth, as applicable: (i) in subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights clause at FAR 52.227-19; (ii) in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013; or (iii) in similar clauses in other federal regulations, including the NASA FAR supplement. Licensee and any end user may not remove or deface any restricted rights notice or other legal notice appearing in the Laserfiche Software or on any packaging or other media associated with the Laserfiche Software. The contractor/ manufacturer is Compulink Management Center, Inc. dba Laserfiche, 3545 Long Beach Blvd., Long Beach, California, L. Captions. The captions used on this Agreement are for convenience only and will not be a part of this Agreement. M. Survival. The obligations of the parties set forth in this Agreement will survive its termination. N. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. Laserfiche Enterprise Software License and Professional Services Agreement Page 22 25B-34 Executed on �00 2014 at Long Beach, California COMPULINK MANAGEMENT CENTER LICENSEE: CITY OF SANTA ANA INC. ("LASERFICHOD By: By: Name: . L,yId. 1 Q Q Name: David Cavazos Title: _`� � �(o� P.�G3•.-�i�b,,s Address: 3545 Long Beach Blvd Long Beach, CA 90807 .Telephone: (562)988-1688 'Fax: (562)988-1886 Email: info@laserfiche.com Title: City Manager Address: 20 Civic Center Plaza Santa Ana, CA 92701 Telephone: 714-647-5400 Fax: 714-647-6956 (Clerk's Office) Email mhuizar@santa-ana.org. ATTEST: ` W oka p & Nfiria D. Huizar Clerk of the Council APPROVED AS TO FARM: Sonia Carvalho City Attorney By: Josr§ifidoial Chi6Assistant City Attorney ® 2014 CompWink Management Center, Inc. Lasa lche Enterprise Software License and Professlanal ServWe Agreement Page 23 Schedule A - Laserfiche Software Purchased and Price Schedule 1. Laserfiche Software Licenses Purchased The following table identifies the Laserfiche software licenses and first year's Laserfiche Software Assurance Plan (LSAP) and VIP Professional Services Pack being purchased under the terms of this agreement. This schedule includes the software components for upgrading Licensee's existing Clerk (which includes Clerk, Finance, Treasury, CDA, and other repositories) and Public Works Agency (PWA) Laserfiche United systems to a single Laserfiche Rio system (referred to as the future "City" .Laserfiche system). The upgrade cost includes a trade-in credit of Licensee's past Laserfiche Clerk and PWA United software purchases. The actual amount billed for LSAP shall be pro -rated with a start date of Delivery of Software for an initial term that extends through June 11, 2015. The schedule does not include Laserfiche Rio Software licenses for Licensee's Police Department (PD). PD will continue to run its existing Laserfiche United system. Refer to Schedule F for the Police Department's Laserfiche United LSAP renewal and VIP Service costs. ':'Product-`- D_e_s_c_nPtton - °Q'ty �.Prrce., ' 'Total =- Laserfiche User Licenses ENF02 LF Rio Named Full User w/ Forms 175 $660.00 " $115,500.00 Laserfiche Portal Licenses PPM25 LF Pilot Public Portal License (25 concurrent connections) EPFRM LF Forms Portal Add -On 1 1 $25,000.00 $7,995.00 $25,000.00 $7,995.00 Capture Tools QCl Quick Fields Core (includes Validation packages for Bar Code, Real -Time Lookup, Zone -OCR, Scripting) Quick Fields Auto Stamp/ Redaction/ Bates QC6 Num. SC05 LF ScanConnect 5-pack 4 3 1 $5,000.00 $500.00 $660.00 $20,000.00 $1,500.00 $660.00 Additional Tools TK Laserfiche SDK (Software Development Kit) 1 $2,500.00 $2,500.00 LF Rio Software Subtotal $173,155.00 _ Clerk and PWA LF United Software Past Purchase Trade-in Credit ($97,815.00) LF Rio Software Total $75,340.00 Laserfiche Software Assurance Plan (LSAP) and VIP Service ENF02B LF Rio Named Full User w/ Forms LSAP PPM25B LF Pilot Public Portal License LSAP 175 1 $132.00 $5,000.00 $23,100.00 $5,000.00 EPFRMB LF Forms Portal Add -On LSAP 1 $1,599.00 $1,599.00 QC1B Quick Fields Core LSAP 4 $1,000.00 $4,000.00 Laserfiche Enterprise Software License and Professional Services Agreement Page 24 25B-36 QC6B QF Auto Stamp/ Redaction/ Bates Num. LSAP 3 $100.00 $300.00 SC05B LF ScanConnect 5-pack 1 $132.00 $132.00 TKB Laserfiche SDK LSAP 1 $750.00 $750.00 LF Rio LSAP Subtotal $34,881.00 VIP VIP Professional Services Pack (Up to 80 hours) 1 $12,000.00 $12,000.00 through June 11, 2015 LF Rio LSAP and VIP Service Subtotal $46.881.00 Laserfiche 2. Price Schedule The following tables identify the Laserfiche Software Catalog and prices that Licensee may optionally purchase additional Laserfiche Software licenses during the Laserfiche Software License Purchase Option term pursuant to section 33 of this agreement. Laserfiche will provide Licensee a trade-in credit for past Laserfiche PD software license purchases toward the purchase of Laserfiche Rio licenses should Licensee choose to upgrade the Police Department (PD) system from Laserfiche United to Laserfiche Rio in the future. LfRio Named Full Users with Forms for MS SQL ENFO1 100-174 Named Full User System $770.00 $154.00 $924.00 ENF02 175-499 Named Full User System $660.00 $132.00 $792.00 ENF05 500-999 Named Full User System $550.00 $110.00 $660.00 ENF10 1,000-1,499 Named Full User System $440.00 $88.00 $528.00 ENF15 1,500-1,999 Named Full User System $385.00 $77.00 $462.00 LfRio Named Retrieval Users for MS SQL ENR2 200-999 Named Retrieval User System $200.00 $40.00 $240.00 ENR10 999-9,999 Named Retrieval User System $100.00 $26.00 $120.00 LfRio Portal Licenses EPFRM LF Forms Portal $7,995.00 $1,599.00 $9,594.00 EPFRMX LF Enterprise Forms Portal $24,000.00 $4,800.00 $28,800.00 PPM25 LF Pilot Public Portal $25,000.00 $5,000.00 $30,000.00 PPX LF Public Portal $45,000.00 $9,000.00 $54,000.00 PPX2 LF Public Portal for dual CPU machine $50,000.00 $10,000.00 $60,000.00 PPMX LF Public Portal for multiprocessor machine $75,000.00 $15,000.00 $90,000.00 EPPMX LF Enterprise Public Portal $225,000.00 $45,000.00 $270,000.00 gRio Capture Tools QC5 LF Quick Fields $595.00 $120.00 $715.00 QC4 LF Quick Fields Basic $2,500.00 $500.00 $3,000.00 Laserfiche Enterprise Software License and Professional Services Agreement Page 25 25B-37 QCl LF Quick Fields Core $5,000.00 $1,000.00 $6,000.00 QC2 LF Quick Fields Classify $7,500.00 $1,500.00 $9,000.00 QC3 LF Quick Fields Context $10,000.00 $2,000.00 $12,000.00 QCX LF Quick Fields Complete $15,000.00 $3,000.00 $18,000.00 QFA LF Quick Fields Agent $10,000.00 $2,000.00 $12,000.00 IA LF Import Agent $1,500.00 $300.00 $1,800.00 SCOT LF ScanConnect $165.00 $33.00 $198.00 SC05 LF ScanConnect 5-pack $660.00 $132.00 $792.00 SClo LF ScanConnect 10-pack $915.00 $183.00 $1,098.00 LfRio Additional Components PLUSI Laserfiche Plus - 5 Seats $10,000.00 $2,000.00 $12,000.00 PLUS2 Laserfiche Plus - 1 Seat $3,800.00 $1,600.00 $5,400.00 TK Laserfiche SDIC $2,500.00 $750.00 $3,250.00 L(' United User Licensing FX Full User United $750.00 $150.00 $900.00 RX Retrieval User United $300.00 $60.00 $360.00 Lf United Portal Licenses 97830A WebLink- AdditionalRepository $1,250.00 $250.00 $1,500.00 Lf United Capture Tools QF LFQuick Fields $595.00 $127.63 $722.63 QF-1 ScanConnect $165.00 $33.00 $198.00 QF-1-5 ScanConnect 5 pack $660.00 $132.00 $792.00 QF-1-10 ScanConnect 10 pack $915.00 $183.00 $1,098.00 QF-6 Auto Stamp/Redaction/Bates Num. $495.00 $127.63 $622.63 QF-9 Document Classification $4,995.00 $1,276.28 $6,271.28 QF-10 Forms Alignment $2,495.00 $500.00 $2,995.00 QF-11 Optical Mark Recognition $2,495.00 $500.00 $2,995.00 QF-14 Quick Fields Agent $10,000.00 $2,000.00 $12,000.00 QF-15 Forms Identification $2,495.00 $500.00 $2,995.00 QF-16 Forms Extractor $2,495.00 $500.00 $2,995.00 QF-18 Quick Fields Scripting Kit $595.00 $127.63 $722.63 QF-Cl Forms Combo $9,995.00 $2,000.00 $11,995.00 QF-C3 Zone OCR and Validation Package $2,795.00 $560.00 $3,355.00 QF-C4 Barcode and Validation Package $1,695.00 $340.00 $2,035.00 QF-05 Real -Time Lookup and Validation Package $595.00 $120.00 $715.00 PI Import Agent $1,500.00 $300.00 $1,800.00 Lf United Additional Components TK Laserfiche SDK $2,500.00 $750.00 $3,250.00 Laserfiche Enterprise Software License and Professional Services Agreement Page 26 25B-38 3. Temporary United Licenses A. Clerk and Public Works. With the purchase of Lasefiche Rio Software, Licensee will undertake a Laserfiche Rio Migration project to migrate its existing Clerk and Public Works Agency (PWA) Laserfiche United systems to Laserfiche Rio. The Clerk and PWA Laserfiche United systems are separate systems on different versions of Laserfiche. They are integrated with several third -party and in- house applications. The systems are working and being used in production in the course of Licensee's business. Laserfiche recognizes that Licensee must take care to minimize risk of disrupting existing working systems during the migration to Rio. It will take considerable time, effort, and resources to establish test environments, test, and migrate Licensee's Laserfiche repositories and systems. As such, Licensee will take a phased approach to implementing Rio which involves migrating systems and repositories, one at a time. Licensee plans to migrate each of several repositories in the Clerk system during the first phase. Licensee must also upgrade the PWA repository and system to the same version as that of the Clerk system. Finally, Licensee will migrate the PWA repository to Rio into the Clerk Rio system. The Clerk Rio system will then be referred to as the "City" system. During the transition and migration period, Licensee will need to test United version upgrade(s) and Rio while running its United systems in production. Laserfiche shall grant licensee permission to use its Laserfiche United and Rio systems concurrently during this transition and migration period. Laserfiche will provide Licensee temporary Laserfiche United licenses or extend Licensee's existing United Licenses upon Licensee's request for the purpose of testing and upgrading its existing United systems and running them concurrently during the migration to Rio as long as Licensee is covered under any LSAP. The temporary license or extension will not exceed 12 months. During this period, Licensee may request subsequent temporary license extensions until the Rio migration is complete. B. Police Department. Licensee's Police Department (PD) will continue running its existing Laserfiche United system. Laserfiche will provide Licensee temporary Laserfiche United licenses upon request for the purpose of testing Laserfiche version upgrades and / or system configuration changes as long as Licensee is covered under any LSAP. Temporary licenses will not exceed 12 months, but Licensee may request subsequent temporary licenses when needed for upgrade and / or system configuration changes. Laserfiche Enterprise Software License and Professional Services Agreement Page 27 25B-39 Schedule B — Locations of Software Installations All Laserfiche Software will be delivered electronically and installed on Licensee owned or ]eased hardware at its on -premise data center or on Licensee's computer network infrastructure. As required for the delivery of services and support, Laserfiche personnel may require remote and possibly physical access to Licensee's computers on the network on which the Laserfiche solution is to run. During certain phases of the project, remote access may be required outside of City of Santa Ana's standard hours of operation. In both cases, access will be requested in advance and scheduled with authorized City of Santa Ana IT representative(s). Laserfiche Enterprise Software License and Professional Services Agreement Page 28 25B-40 Schedule C — Terms of Payment for Software and Services 1. Initial Software, VIP Service, and LSAP The amount for Laserfiche Software Licenses Purchased, fast year's LSAP, and VIP Professional Services Pack, specified in Schedule A, for the Clerk / City system ($122,221.00), will be billed upon Agreement execution. The amount for the LSAP and fractional VIP Professional Services Pack for Licensee's Police Department for the June 12, 2014 to June 11, 2015 term specified in Schedule F ($26,333.92) will be billed upon Agreement execution. Laserfiche should submit separate invoices for Clerk / City and Police Department billings. 2. Additional Software and LSAP The amount for additional Laserfiche Software licenses purchased from the Laserfiche Price Schedule in Schedule A under the Purchase Option term will be billed upon Delivery of Software for those additional software licenses purchased. LSAP renewals will be billed prior to the June 11 expiration for each annual renewal. 3. Professional Services All professional services will be performed in accordance with any mutually accepted Scope of Work document ("SOW") that may be attached to this Agreement and incorporated by reference. Laserfiche Professional Service hours provided will be deducted from any available hours in Licensee's VIP Professional Services Pack Hours bank. When Licensee's VIP Professional Services Pack hours have been exhausted, Laserfiche Professional Services will be billed to Licensee on a Time and Materials (T&M) basis of the actual hours worked at the Laserfiche Professional Services Rates specified in Schedule D. Professional services and qualifying expenses are to be billed at a bi-weekly, or less frequent (e.g.: monthly), frequency. 4. Scanning Services Billing for scanning services will be based on actual items scanned using the Price Schedule specified in Schedule G, Accuflex Scanning Services. 5. Training Laserfiche will provide the optional training identified in Schedule E. Billing for online Laserfiche CPP training or Regional Training will be upon Licensee enrolling in the training. Billing for custom training will be on a Time & Materials basis or per the terms of the SOW. 6. Payment Terms Licensee will make a good faith earnest effort to process Laserfiche invoices in a timely manner within 30 days of receipt. Payment terms shall be Net 45 days. Lmerfiche Enterprise Software License and Professional Services Agreement Page 29 25B-41 Schedule D — Description of Professional Services Laserfiche professional services will be provided based on a Scope of Work ("SOW") that identifies the services to be provided. Laserfiche and Licensee may develop SOW(s) at any time during the term of this Agreement that, when mutually agreed upon, will be attached to and incorporate by reference to this Agreement. Licensee's Executive Director of Finance and Management Services Agency, or an authorized designee, shall have authority to establish SOWS with Laserfiche. 1. Laserfiche Professional Services Purchased The following table identifies the Laserfiche VIP Professional Services Packs being purchased tinder the terms of this agreement. to 80 hours) 11.2015. for Clerk / VIP VIP Professional Services Pack (Up to 80 hours) .5 $12,000.00 $6,000.00 through June 11 2015, for Police Department Total $18,000.00 2. Laserfiche Professional Services Rates Professional services engagements with an associated SOW of 40 hours or less may be funded by the VIP Professional Services Pack hours. When any Licensee VIP Professional Services Pack Hours bank is exhausted, Laserfiche will charge the following rates for professional services during the term of this Agreement. Froduci? — ]]osciiptlon `,. � .�ourlyRaie:: Laserfiche Professional Services Rates Install Installation and configuration of Laserfiche related software $187.50 components Training Onsite or Custom Training for all Laserfiche products except SDK $187.50 Consult Requirements analysis, solution design, Quick Fields, Business Process, $187.50 Workflow, security, design, configuration, consulting, documentation PM Project management $187.50 Program Level I: programming performed by LF PSG Engineer $250.00 Level II: programming performed by LF Development Engineer $300.00 Level III: programming performed by LF Server Architect $375.00 Travel Travel to and from Licensee site No Charge VIP Professional Services Pack (Up to 80 hours). Pre -paid bank of hours for use of installation, configuration, training, consulting, project management services and other implementation services. Laserfiche Enterprise Software License and Professional Services Agreement Page 30 25B-42 Schedule E — Description of Training of Licensee Personnel In order for users and administrators to establish baseline Laserfiche knowledge and skills, Laserfiche has developed online, self -paced Laserfiche Certified Professionals Program (CPP) courses. The successful completion of these courses has contributed to high rates of user adoption and overall project success. Therefore, Laserfiche has provided recommendations for courses by role of project participant. The cost for each CPP course, per user, is $100.00 with the exception of ECM 101 which is offered at no charge. A valid Laserfiche Support Site account is required to register for CPP courses. Licensee may optionally enroll its staff in any of these courses or new ones that Laserfiche makes available. Laserfiche Certified Professionals Program (CPP) Courses Available Laserfiche Specialist Laserfiche Administrator I System Administrators / IT App Analysts Laserfiche Administrator II Repository Architect Troubleshooting ECM 101 Project Managers Laserfiche Specialist Repository Architect Laserfiche Specialist Capture I Super Users Capture Workflow Business Process Management End Users ECM 101 Laserfiche Specialist Business Process Management Application Developers Laserfiche Integrator I Capture II Capture Workflow Licensee personnel may also enroll and attend scheduled training sessions at Laserfiche's offices in Long Beach, California, at Laserfiche's published charges. Licensee may also engage Laserfiche Professional Services for custom training per the SOW or Supplemental SOWs. Laserfiche Enterprise Software License and Professional Services Agreement Page 31 25B-43 Schedule F - LSAP Terms and Conditions The following annual renewal costs have been detailed to align with the Laserfiche Rio Software components identified in Schedule A and the existing Laserfiche United software components currently licensed by Licensee's Police Department. The VIP Professional Services Pack is shown in the schedule since its renewal term coincides with the LSAP term and would likely be included at the same with subsequent LSAP renewals. Laserfiche Rio LSAP Initial Term (Clerk and PWA - "City" Laserfiche Laserfiche Software Assurance Plan & VIPRenewal ENF02B LF Rio Named Full User w/ Forms LSAP 175 $132.00 $23,100.00 PPM25B LF Pilot Public Portal License LSAP 1 $5,000.00 $5,000.00 EPFRMB LF Forms Portal Add -On LSAP 1 $1,599.00 $1,599.00 QC1B Quick Fields Core LSAP 4 $1,000.00 $4,000.00 QC6B QF Auto Stamp/ Redaction/ Bates Num. LSAP 3 $100.00 $300.00 SC05B LF ScanConnect5-pack 1 $132.00 $132.00 TIiB Laserfiche SDK LSAP 1 $750.00 $750.00 LF Rio LSAP Total $34,881.00 VIP VIP Professional Services Pack (Up to 80 hours) 1 $12,000.00 $12,000.00 LF Rio LSAP and VIP Service Total $46,881.00 Laserfiche United LSAP Renewal (Police Department Laserfiche LaserfieheSojiwareAssurancePlan & VIP Renewal 97830UB WebLink LSAP 1 $2,029.29 $2,029.29 97840UB LF Plus Plug-in LSAP 1 $2,029.29 $2,029.29 97870UB LF Standard Audit -Trail LSAP 1 $1,901.67 $1,901.67 FB LF Full User LSAP 14 $147.40 $2,063.61 PMB LF E-mail Plug-in LSAP 64 $0.00 $0.00 PSB LF Snapshot LSAP 14 $0.00 $0.00 QF-313 QF-Zone OCR LSAP 3 $638.14 $1,914.42 QF-9B QF-Doc. Classification LSAP 1 $1,276.28 $1,276.28 QFB Quick Fields LSAP 4 $127.63 $510.51 RB LF Retrieval User LSAP 50 $58.97 $2,948.47 S413 LF Enterprise Server LSAP 1 $5,360.38 $5,360.38 LF United LSAP Renewal Total $20,333.92 VIP VIP Professional Services Pack (Up to 80 hours) .5 $12,000.00 $6,000.00 LF United LSAP Renewal and VIP Service Total $26,033.93 Laserfiche Enterprise Software License and Professional Services Agreement Page 32 25B-44 Laserfiche® Software Assurance Plan (LSAP) PLEASE TAKE THE TIME TO READ THE FOLLOWING TERMS AND CONDITIONS OF THE LASERFICHE SOFTWARE ASSURANCE PLAN ("LSAP") BY WHICH COMPULINK MANAGEMENT CENTER, INC., DBA LASERFICHE ("LASERFICHE") WILL PROVIDE SERVICE, MAINTENANCE AND UPDATES TO LICENSEE FOR LASERFICHE SOFTWARE. THIS AGREEMENT IS BETWEEN LICENSEE ("YOU') AND LASERFICHE. BY ACCEPTANCE OF THE LSAP, YOU AGREE TO ACCEPT ALL OF ITS TERMS AND CONDITIONS AS DESCRIBED IN THIS AGREEMENT. HERE ARE THE DETAILS OF YOUR LASERFICHE SOFTWARE ASSURANCE PLAN: Your Software, For purposes of this Agreement, the Laserfiche Software covered under this Agreement is described in Schedule A of this Agreement or on the Laserfiche Product Registration Card which accompanied your purchase. What Your Laserfiche Software Assurance Plan Provides to You. Your Laserfiche Software Assurance Plan is designed to provide you with the software care and assistance you need to service and maintain your Laserfiche system and to provide you with the updates and "fixes" needed to keep your Laserfiche Software up and running. To accomplish these goals, the Laserfiche Software Assurance Plan provides the following benefits: Hotline support and assistance to help you solve software problems promptly. Laserfiche technicians are trained to solve your problems by phone or email. By purchasing the Laserfiche Software Assurance Plan, you will be able to handle most, if not all, of the questions and any problems that may arise regarding operation of the software. • Feature enhancements to deliver increased productivity. From time to time, Laserfiche adds features and performance enhancements to an existing version of its software, which are known as `updates." Updates are enhancements to existing features, which are designed to improve performance and correct any problems discovered in the current version of your Laserfiche Software. LSAP subscribers receive all updates without charge. By way of example, under the LSAP there is no charge for an update of Laserfiche 8.3 to Laserfiche 9.0 or from Laserfiche 9.02 to Laserfiche 9.L 100% credit toward the purchase of new versions of Laserfiche. Laserfiche periodically publishes new product suites of its Software, which bundle new and exciting features not previously included in the subscriber's existing product suite and make significant improvements in system design and architecture, all of which combine to improve performance and capability. Because of the many new features and performance enhancements, the new Laserfiche product suite may be priced higher than the subscriber's existing one. If an LSAP subscriber Laseifiche Enterprise Software License and Professional Services Agreement Page 33 25B-45 elects to replace its existing Laserfiche Software with a new Laserfiche product suite, the subscriber is entitled to credit 100% of the purchase price of its existing Laserfiche Software toward the purchase of the new Laserfiche product suite. Examples of new product suites would include a subscriber's transition from Laserfiche Team to Laserfiche Avante, or from Laserfiche Avante to Laserfiche Rio. Naturally, Laserfiche can only credit the price the LSAP subscriber actually paid for its current Laserfiche Software against the new product suite. Laserfiche does not credit the subscriber's annual LSAP payments or other interim purchases it may have paid for installation, training, upgrades, ancillary programs, additional professional services and consulting. 24-hour FTP and web access to drivers and update files. LSAP subscribers receive free 24-hour FTP access to each new Laserfiche release, as well as updated drivers. By installing all updates and upgrades for your Laserfiche Software, you are assured the best possible performance. The Laserfiche Website also contains more support information and answers to frequently -asked questions. Online Support Resources. Your staff receives access to the Laserfiche Support Site, where they'll find the detailed technical information that helps them optimize system performance and maximize uptime, as well as integrate your document repository with your organization's other line -of -business applications. The latest hotfixes, updates and patches. These critical items ensure that your Laserfiche system continues to operate at peak efficiency. Laserfiche user education programs. You will be updated regularly via our website about our extensive array of user education programs, including Regional Training sessions closer to you. All Premium LSAP subscribers will be entitled to preferred pricing and priority seating when they attend our user education programs and our annual Laserfiche Institute Conference. • Monthly newsletters and technical updates to keep you current on the latest system and records developments. LSAP subscribers receive monthly newsletters and technical bulletins to keep you informed on how to maximize the benefits of your Laserfiche Software Preventative maintenance with optional on -site support. We offer additional on - site service and support plans to provide routine maintenance visits. Depending on the complexity and sophistication of your entire hardware and software needs, we may suggest a scheduled preventative maintenance program to eliminate cumulative problems that would otherwise go unnoticed by everyday users. We Laserfiche Enterprise Software License and Professional Services Agreement Page 34 25B-46 can also arrange for ongoing in-house training to improve the benefits of the Laserfiche system for current and new staff. Laserfiche Will Provide the Assistance You Need. Laserfiche will provide you with a telephone number and email address to contact us whenever you need assistance with your Laserfiche Software. To better assist Laserfiche in serving you, we suggest you do the following: Prepare for the call. You should be prepared to describe any hardware on which your Laserfiche Software is installed, including the manufacturer's model numbers. • Explain your problem clearly. Let us know exactly what the error was; what you were doing immediately before the error occurred; whether by repeating the steps leading to the error, you encounter the same problem; the exact wording of any error message; and what efforts you have already taken to solve the problem. • Hours of support.. The LSG Helpdesk is available Monday through Friday from 6 AM to 6 PM Pacific Time. Online chat support is available Sunday through Friday from 6 PM to 6 PM Pacific Time (except between 2 AM and 6 AM). Access to Laserfiche's knowledgebase articles, software downloads and the support forum is available 24/7. Service Levels. The LSG helpdesk guarantees a 4-hour response time, although more than 90% of calls are answered live and most issues are resolved on the first call. All support cases are logged in a case management system, assigned a unique case number and categorized according to severity and priority. Customers are able to subscribe to cases so that they are kept abreast of all work being done. The escalation path for support cases is LSG Helpdesk -> PSG Technical Engineer (the engineer who originally worked on the project) -> Laserfiche Technical Support -> Laserfiche QA -> Laserfiche Development. There is a dedicated escalation team that manages cases through the escalation process and tracks all communications with the subscriber. • Billable Services. Any services provided that are not covered under LSAP will be billable either through consumption of VIP Professional Service hours, if any, or at the professional services rates specified under the terms of this Agreement. LSAP Term and Renewal. The LSAP for Laserfiche Software Licenses Purchased in Schedule A commences on the Delivery of Software and continues through June 11, 2015. The LSAP for existing Laserfiche United Software used by Licensee's Police Department will commence on June 12, 2014, and continue through June 11, 2015. The annual LSAP coverage period is June 12 — June 1 I (one year term), and the renewal date is June 12 annually. Laserfiche Enterprise Software License and Professional Services Agreement Page 35 25B-47 Laserfiche believes that LSAP is an essential component of Licensee's system, and that LSAP offers real value to Licensee. Consequently, Laserfiche urges Licensee to renew its LSAP annually. Laserfiche will provide Licensee LSAP billing information for each upcoming renewal period at least 30 days in advance of the LSAP expiration date for that year. Laserfiche will not increase its LSAP fees during the first three (3) LSAP terms. Thereafter, Laserfiche shall not increase its LSAP fees by more than the rate of the United States Consumer Price Index (CPI) as published by the United States Department of Labor, Bureau of Labor Statistics (hU://www.bls. ovg /cni), over its previous year's fees. Licensee will have the option to renew or cancel the LSAP effective as of each annual renewal date. You may transfer your Laserfiche Software Assurance Plan. You are entitled to transfer your LSAP to someone who purchases the computer hardware on which your entire Laserfiche Software is installed, provided that you strictly comply with all the conditions of this paragraph. To do so, you must notify us, in writing, of the name, address and telephone number of the proposed transferee. We will give you further information regarding how to give notice of transfer if you later seek to do so. In case of transfer of the LSAP, your transferee will be subject to all of the terms and conditions of this Agreement. However, please note that, if your transferee is outside of our service coverage, Laserfiche may charge a fee to provide if remote service responses are not available. If there is no authorized Laserfiche technician in the immediate vicinity of your transferee's place of business, Laserfiche may, in its sole and absolute discretion, refuse to authorize the transfer, No transfer will be valid unless approved by Laserfiche in writing. LIMITED WARRANTY: DISCLAIMER. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE OBLIGATIONS OF LASERFICHE UNDER THE LASERFICHE SOFTWARE ASSURANCE PLAN, AND SUPERSEDES ALL OTHER REPRESENTATIONS, WARRANTIES, GUARANTIES AND PROMISES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. LASERFICHE DOES NOT WARRANT THE ERROR -FREE OPERATION OF LASERFICHE SOFTWARE. EXCEPT AS EXPRESSLY STATED ABOVE, LASERFICHE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND SERVICES. LIMITATION OF LIABILITY AND DAMAGES. THE LIABILITY OF LASERFICHE AND ITS EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, SUPPLIERS AND RESELLERS (COLLECTIVELY, "REPRESENTATIVES") FOR ANY DAMAGES OR INJURIES SUFFERED BY YOU, WHETHER BASED ON A BREACH OF CONTRACT, BREACH OF WARRANTY, CLAIM OF NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR Laserfiche Enterprise Software License and Professional Services Agreement Page 36 r EQUITABLE THEORY, SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO LASERFICHE FOR THIS LSAP. UNDER NO CIRCUMSTANCES SHALL LASERFICHE OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSSES FROM BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR ANY OTHER PECUNIARY LOSS), REGARDLESS OF WHETHER LASERFICBE OR ITS REPRESENTATIVES HAVE BEEN WARNED OF SUCH DAMAGES OR CLAIMS. NO ACTION MAY BE BROUGHT AGAINST LASERFICHE OR ITS REPRESENTATIVES UNDER THIS LICENSE AGREEMENT MORE THAN ONE YEAR AFTER YOU KNEW OR SHOULD HAVE KNOWN OF THE FACTS WHICH GAVE RISE TO THE CAUSE OF ACTION. The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between Laserfiche and you. You acloiowledge and agree that Laserfiche would not be able to provide this product on an economic basis without such limitations. OTHER TERMS AND CONDITIONS. Scope of Agreement. If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision shall be severed from this Agreement and will not affect the validity and enforceability of any of its remaining provisions. This Agreement does not limit any rights that Laserfiche may have under trade secret, copyright, patent or other laws. Laserfiche's resellers, dealers and distributors are not authorized to modify this Agreement, or to make any additional representations, commitments, or warranties binding on Laserfiche. Limitation on Scone of Benefits. This Agreement extends only to original purchasers of the LSAP and to any transferee authorized by Laserfiche and who has complied with all transfer requirements of this Agreement. This Agreement extends only to the uses for which the Laserfiche Software was designed. Preventive maintenance is not included. Installation, deinstallation, or relocation services and operating supplies are not included. Services necessitated by alterations, additions or deletions, adjustments, or repairs by anyone other than Laserfiche or its authorized Representatives, and services which are necessary due to defects or problems in your hardware on non-Laserfiche Software specifically excluded. Laserfiche is not obligated to service or repair any system or component which has been damaged as a result of: (i) accident, misuse, neglect, failure to follow instructions for proper use, care or cleaning of your hardware or Laserfiche Software, (ii) an act of God such as, but not limited to, lightning, flooding, tornado, earthquakes, and hurricanes, (iii) failure due to an external factor (fire, flood, failures or fluctuations of electrical power or air conditioning), (iv) abuse or excessive wear and tear, (v) the loading of software, software configurations or any data files, worms or viruses which may corrupt your Laserfiche Software, or (vi) the moving of your system from one geographic location to another or from one purchaser or entity to another. Laserfiche Enterprise Software License and Professional Services Agreement Page 37 25B-49 Assignment. Laserfiche reserves the right to assign its obligations to perform the terms and conditions of this Agreement to a qualified third party designated by Laserfiche. In that event, you agree to look solely to Laserfiche's designee for performance of Laserfiche's obligations under this Agreement. Exclusive Agreement. ement. This Agreement contains the sole and exclusive agreement between you and Laserfiche relating to its subject matter. It shall not be modified or amended in any way by any purchase order or other document issued by you, but may be amended only by a writing signed by both you and Laserfiche and specifically referring to it. Additional Services. With regard to any services that are not within the scope of services under this Agreement, it will be within Laserfiche's discretion whether to perform the services, and, if Laserfiche elects to perform the services, the services will be subject to an additional charge to be paid by you. Important Notice. Before requesting services, it is your responsibility to backup the software and data on your system's hard disk drive and on any other storage device(s) in the system. Under no circumstances shall Laserfiche be responsible for any loss of any software or data. Force Majeure. Laserfiche is not liable for any failure or delay in performance due to any cause beyond its control. In any event, if Laserfiche's ability to render repair services is impaired by you or circumstances beyond Laserfiche's control, Laserfiche may terminate this Agreement. Law; Jurisdiction. This Agreement will be governed and construed by the laws of the State of California. The headings are for convenience only and are not to be used to interpret this Agreement. All disputes between you and Laserfiche shall be litigated in the state and federal courts located in Los Angeles County, California; and you consent to jurisdiction of the courts located in the State of California over all disputes between you and Laserfiche. Contact Us. Should you have any questions concerning this Agreement, or if you desire to contact Laserfiche for any reason, please write: Laserfiche, 3545 Long Beach Blvd., Long Beach, CA 90807, U.S.A. © 2014 Laserfiche Laserfiche Enterprise Software License and Professional Services Agreement Page 38 25B-50 Schedule G—Accuflex Scanning Services Licensee wishes to engage scanning services to scan of some of Licensee's records into Licensee's Laserfiche system(s) on an "as needed" basis. Laserfiche will provide Licensee scanning services under the terms of this Agreement through Laserfrche's affiliate, Accuflex ("Accuflex"). Accuflex is qualified and experienced in providing scanning services for Laserfiche Software systems. Accuflex has been an affiliate of Laserfiche and has been providing scanning and document conversion services since 1992. Accuflex staff has experience in high -volume scanning, document merging, indexing, importing images, exporting images, performing quality control, prep -work and post -scanning processes. Accuflex is capable of scanning Licensee's documents which include multiple types of media and sizes including letter, legal, and miscellaneous size paper documents, engineering drawings up to E size, microfilm, and microfiche ("Documents"). 1. Process Overview The process for Licensee to engage Accuflex's scanning service is described below. It serves as a guide but can be reasonably modified as agreeable by Licensee and Accuflex. Licensee will prepare batch(es) of documents, drawings, microfilm rolls, and / or microfiche sheets to be scanned by Accuflex. Licensee will notify Accuflex that batch(es) are ready for scanning and will coordinate with Accuflex for either pick up at Licensee's offices in Santa Ana, California, or delivery to Accuflex at their office in Long Beach, California. As part of the batch preparation, Licensee will prepare a Batch Control Sheet for each batch. The Batch Control Sheet will identify the following information about each batch. Field Description Batch ID A unique identifier assigned by Licensee that identifies the batch. The Format is YYYYMMDDa where "YYYMMDD" is the batch creation date and "a" is an alpha sequence suffix ensuring uniqueness in the event of multiple batches for the same day or it could identify the type of documents. Document Type The type of documents in the batch (i.e.: Drawings, Microfilm, Microfiche, etc.). Index Template The name of the Laserfiche indexing template to be used. Item Count The number of items (pages, sheets, or rolls in the batch. Special Instructions Any special instructions for scanning, indexing, or filing. Pick Up Info Date The date that Accuflex picked up the batch. Signature City The signature of the Licensee representative providing the batch to Laserfiche Enterprise Software License and Professional Services dgreement Page 39 25B-51 Accuflex. Signature Accuflex The signature of the Accuflex representative picking up the batch from Licensee. Return Info Date The date that Accuflex returned the batch. Signature City The signature of the Licensee representative receiving the batch from Accuflex. Signature Accuflex The signature of the Accuflex representative delivering the batch to Licensee. Licensee and Accuflex will each keep a copy of each the batch cover sheet for each pickup / delivery. Accuflex will pre-process (if any), scan, index, quality -check, export in Laserfiche format (e.g.: Exported Laserfiche Briefcase or Volume), and copy / burn to portable media (e.g.: USB drive, memory card, or DVD) or load to a secured FTP site the batch(es) of documents, drawings, microfilm rolls, and / or microfiche sheets per the requirements specified herein. Accuflex will notify Licensee of completion of the scanning and coordinate with Licensee the return of the batch(es) and delivery of the portable media of the scanned images or make those scanned images available on a secured FTP site. 2. Document Preparation Accuflex will perform the tasks necessary to prepare Documents for scanning such as removal of staples, fasteners, clips, sorting of double -sided, single -sided, and mixed -size documents, etc. 3. Scanning Accuflex will perform scanning of documents at Accuflex's location in Long Beach using Accuflex's scanning equipment. Accuflex will set up and scan into a Laserfiche environment that ndmics Licensee's Laserfiche structure (e.g.: index template, folders, etc.). Documents should be scanned straight, without skew, and with acceptable image quality. 4. Quality Control After Accuflex scans and indexes Licensee's Documents, Accuflex will review the images and metadata for quality and accuracy. Accuflex should compare the scanned images with the physical Document(s) when necessary for the following. 1. Images should be as readable as the original Documents 2. Index field values should be accurate 3. Document names should be accurate Laserfiche Enterprise Software License and Professional Services Agreement Page 40 25B-52 4. Folder and sub -folder names should be accurate 5. There should not be any missing pages 6. The page sequence should be correct 7. Pages should not be skewed by more than 2% 8. Page orientation should be correct Accuflex will re -scan and / or re -index Documents that require correction prior to delivery to Licensee. If scan and / or index quality is unacceptable (based on comparison of the original and scanned image and any specific instructions verbal or written by the Licensee) after delivery to Licensee, Accuflex will, at the option of Licensee, re -scan and / or re -index the unacceptable scanned Document(s) at no charge. 5. Document Turn -Around Licensee and Accuflex will coordinate batch sizes, so the scanning turn -around time will be around 1 — 3 weeks. Longer turn -around time is acceptable if agreed upon by Licensee. 6. Access to Licensee Documents at Accuflex Licensee may need to access Document(s) that are at Accuflex's office for scanning. In such a case, Licensee will make a request to Accuflex by calling or emailing acuflex@laserfiche.com requesting that Accuflex make available the desired Document(s) electronically (e.g.: via email, FTP, or website). If Licensee identifies the request as urgent, Accuflex will make an earnest effort to make available the Document(s) electronically within 4 business hours; otherwise, Accuflex will make available the Document(s) electronically within 1 business day. If the Document request is too large to make it electronically available, the Licensee is able to pick up the physical files from Accuflex's Long Beach location or Accuflex will deliver requested files to Licensee (additional Pickup/Drop Off fees will apply). 7. Laserfiche System Version Compatibility The exported scanned images provided by Accuflex to Licensee should be compatible with the version of Licensee's Laserfiche system in which it will be imported. Below is a list of Licensee's current Laserfiche systems versions. • Clerk (used for Fire Records) 9.0.2 • PWA 8.2.1 • PD 8.1.2 Licensee expects to upgrade some of its Laserfiche systems. Licensee will notify Accuflex of Licensee's Laserfiche system versions and folder structure and template changes for which the Accuflex scanning service is being used. Laserfiche Enterprise Software License and Professional Services Agreement Page 41 25B-53 8. Confidentiality Documents provided by Licensee will be considered confidential. Only authorized Accuflex personnel required for scanning / conversion will have access to records provided by Licensee, and the purpose for such access will be solely for scanning / conversion. 9. Fire Records Microfilm and Microfiche Scanning Requirements Licensee is required to maintain the former Santa Ana Fire Department (SAFD) records that meet Licensee's retention policy prior to April, 2012, when SAM was outsourced to the Orange County Fire Authority (OCFA) ("Fire Records"). A number of these records are stored on microfilm and microfiche media. Licensee wishes to engage the scanning services of Accuflex to scan these Fire Records into Licensee's Laserfiche system. The requirements stated herein are based on meetings between Licensee and Accuflex and sample microfilm rolls and microfiche sheets provided by Licensee to Accuflex. A. Scan Settings. • Accuflex will scan the images at 200 dots per inch (DPI) resolution unless Licensee requests another setting. • Licensee prefers the images be scanned in Black and White (B&W) format but Grayscale should be used if necessary to attain acceptable quality for readability. Accuflex will make this determination by reviewing the quality of the images. B. Indexing. A Laserfiche Index Template named "Fire" will be used for Fire Records with its Field structure defined below (subject to change). Not all fields will be used for all document types. Field Type Document Type List 20 List Values: Incident Reports, Property Info, HAZMAT / UST Street Number Char 20 Direction List 2 List Values: N, S, E, W Street Name Char 40 Street Suffix List 4 List Values below Unit/Suite # Char 8 Date Date Date Range Char 21 Street Suffix List Values The following abbreviations should be used for Street Suffix Field Values and in Document Names where applicable. The list is available in the Street Suffix field List drop -down. Laserfiche Enterprise Software License and Professional Services Agreement Page 42 25B-54 Ave Blvd Cir Ct Dr al Lk Ln P1 Plz Rd St Way C. Type Case. Metadata entry (indexing and document names) should be in mixed case where the first letter of each word is capitalized and the remaining letters are in lower case. D. Microfilm Rolls. • Each microfilm roll. is in a box and generally includes SAID incident report documents in date sequence for a date range, usually 6 months. Document Name - Each roll will be scanned and stored as one document, using the following naming convention from information identified on the roll label: <Date Range> Incident Reports Use YYYYMMDD — YYYYDDMM format for the Date Range. Example: 19740101 — 19740630 Incident Reports Also there may be some rolls that are labeled with "Dispatchers Report of Alarms" or similar (typically 1 or 2 per year). The following naming convention should be used for those. <Year, Date, or Date Range> Incident Reports Dispatchers Report Example: 1974 Incident Reports Dispatchers Report Folder Structure — A top-level "Fire" folder will be created which will contain an "Incident Reports" sub -folder which will contain ten year range sub -folders. Documents will be placed in the ten year range sub -folders according to the year of the document. The folder structure will look as follows: Fire Incident Reports 1960 —1969 Laserfiche Enterprise Software License and Professional Services.1greement Page 43 25B-55 1970 —1979 1980 —1989 1990 —1999 2000 — 2009 • Indexing — The "Fire" index template will be used with the following fields populated. Field Value Document Type Incident Reports Date Range the date range from the roll label, i.e.: 01/0111969-06/30/1969 Microfiche Sheets. • Microfiche sheets contain property address -related documents. • One or more microfiche sheets are stored in ajacket (envelop) for each property address in the City of Santa Ana. • When a microfiche jacket contains more than one fiche sheet, they will be scanned in the order they appear in the jacket as one multi -page document. • Page removal o Accuflex will not include certain unique pages that meet criteria provided by Licensee (established during the sample test scans). • Document Name -Each set of sheets per property address will be scanned and stored as one document, using the following naming convention from information identified on the jacket: <Address> (i.e.: 3100 W Adams St) The Street Suffix should be included in the address for the Document Name. No periods in the Direction or Street Suffix. See the Street Suffix List Values section for standard street suffix abbreviations. • Folder Structure — A top-level "Fire" folder will be created which will contain a "Property Information" sub -folder' which will contain number and alphabet sub -folders for the beginning of the street name from the fiche jacket. The folder structure will look as follows: Fire Property Address O1 02 21 A B Z Laserfiche Enterprise Software License and Professional Services Agreement Page 44 25B-56 a Indexing — The "Fire" index template will be used with the following fields populated. Field Value Document Type Property Info Street Number Address Number Direction Street Direction if Indicated (List Values: N, S, E, W) Street Name Street Name Street Suffix Street Suffix if Indicated (See Street Suffix List Values section) Unit/Suite # Unit or Suite # if Indicated 10. PWA and Other Scanning Requirements Licensee wishes to engage the scanning services of Accuflex to scan Public Works Agency (PWA) and other Licensee department paper records into Licensee's Laserfiche system. In addition to letter and Iegal size documents, PWA works with and stores engineering drawings up to E size. A. Scan Settings. i. Drawings. The quality of drawing images scanned is very important because PWA is planning to destroy the originals. The images will be relied upon for engineering accuracy. Everything legible in the original document should also be legible in the image. In addition to quality, performance and storage capacity are considerations as well but not as important as quality. Below is the preferred resolution and bit -depth settings for PWA drawings. Accuflex will use its discretion on adjusting these and other scan settings as necessary for each image to reach acceptable quality. Drawing Type Resolution Bit -Depth Drawings Hard -copy — Mylar and Good Quality Mono -tone Print 400 dpi Black & White Drawings Hard -copy — Halftones, Shading, or Poor Quality 200 dpi Grayscale Drawings Hard -copy — Color 200 dpi Color Drawings Aperture Cards (microfilm) — Good Quality Simple 200 dpi Grayscale Mono -tone images 400 B&W may be acceptable; however, aperture card quality cannot be ascertained w/o looking at it in a reader, so the conservative approach is to scan 200 grayscale Lasertiche Enterprise Software License and Professional Services Agreement Page 45 25B-57 Drawings Aperture Cards (microfilm) - Halftones, Shading, 200 dpi Grayscale Complicated or Poor Quality images ii. Business Size Documents. PWA and Licensee's other departments work with business size documents up to 11" x 17". The quality of non -drawing document images scanned is also important. These will be retrieved and read by users. Originals may be destroyed after the images are loaded into the system. The document images need to be clearly legible. Below is the preferred resolution and bit -depth settings for business size documents. Accuflex will use its discretion on adjusting these and other scan settings as necessary for each image to reach acceptable quality. Document Type Resolution Bit -Depth Business -size documents 200 dpi Black & White Business -size documents with Shading (i.e.: Charts) 200 dpi Grayscale/color* *Subject to approval by Licensee. B. Other Drawing Specifics Image Area: Drawing sizes will be up to "E" size (Engineering or Architectural). If the drawing includes a hangtag, it should be included in the scanned image. Document Separation: Drawings (aka: Drawing Set) are composed of one or more sheets (pages). Each drawing has a unique drawing number. Its drawing number and page number on its hangtag identifies each page in a drawing. The page numbers in the hangtag should be used to identify when a document ends and when a new one begins. Note: the page numbers in the lower right title block of the drawing may not be accurate. C. Indexing - General. Accuflex will use information associated with the document to populate a set of index template fields, name the document, and file the document in a folder in the Lascrfiche system. Licensee will provide instructions on whereto find the information associated with each document for this purpose. Documents may contain 1 or more pages. The number of characters included (allotted) for indexing in the standard rate is up to 10 per page averaged over the total number of pages scanned during the batch. For example, if each Laserfiche Enterprise Software License and Professional Services Agreement Page 46 25B-58 document being scanned in the batch contains exactly 5 pages, 50 characters of indexing would be included. If the documents being scanned contain a variable number of pages, then the total pages scanned divided by 10 would determine the allotted indexing characters included for the batch. Selection of values from a drop -down list is counted as 1 character. Accuflex will keep track of the index characters used and may charge a per -character surcharge for characters entered over the allotment for the batch. The following do not count towards the allotment of indexing characters. • Document Name • Folder Name creation (as necessary) • The selection of Document Scan Volume • The selection of other scan and image processing Settings • Automated population of fields (i.e.: zone -OCR, lookup from an outside data source, etc.) D. PWA Drawings Indexing. PWA Drawings will be indexed using the Drawings Template containing the following fields. Field Data Type Description Drawing No Char (10) Drawing number assigned by PWA Central Files. This number is on the drawing hangtag. E.g.: TS1-001. The second set of numbers should be at least 3 digits (it should be zero -pre -filled if necessary). Project No Char (50) Project number(s), if any, that the drawing is associated with. If there are multiple they will be delimited with a semicolon (` ;"). If there is a project number, it will appear in the hangtag and/or the title block or surrounding area. It will start with a "PR" prefix. E.g.: PR1440A Year Char (4) The year of the drawing. If there is more than one date, the most recent one in the signature block should be used. Cabinet No Char (4) Cabinet number in which the hard copy drawing is / was stored in. This will be found in the P1anLog or Master Plan Log Access database. Drawing Number Convention Sequence Type Numbering Convention Description of Drawings Approval Years 1 1 1-XXX-XX I Street Improvements, including utilities 1931 thm 2005 Laserfiche Enterprise Software License and Professional Services Agreement Page 47 25B-59 Sequence Type Numbering Convention Description of Drawings A royal Years 2 AD_XXX Street Improvements, including utilities 1921 thm 1982 3 CH_I-XXX Signing and Striping 1995 thru 2003 4 F-XXXXX Facilities & Strictures 2004 thru 2005 5 FF-XXXXX Fire Stations 2002 6 FX-XXXXX Parks and Schools 2002 thru 2005 7 FP-XXXXX Parldng Lots 2006 8 FR-XXXXX Regional Tran9 ortation Center 2006 9 HF_XX-XX Street Improvements, including utilities 1921 thru 1995 10 R-XXXXX Street Improvements 2002 thru 2006 11 RB-XXXXX Bike Trail 2005 12 RL-XXXXX Street Lighting 2006 13 RS-XXXXX Storm Drains & Catch Basins 2004 thru 2005 14 S-XXXXX Sewer Improvements 2002 thru 2005 15 SS-XXX Sewer Improvements 1956 thru 2004 16 TC-)C= Traffic Control Plans 2003 THRU 2005 17 TH-XXXXX Signing & Striping 2003 thou 2006 18 TR_XXXXX Street Improvements by designated Tracts 1919 thru 1990 19 TS-XXXXX Traffic Signal Improvements 2003 thru 2006 20 TS_1-XXX Traffic Signal improvements 1995 thou 2003 21 TSC_X-XXX Traffic Signal Cabinet Drawings 2003 thr 2005 22 U-XXXXX Utilities(Sewer & Water) 2005 23 W-XXX Water Improvements 1934 thru 2006 24 W-XXXXX Water Improvements 2003 thou 2005 Seq Numbering Type Convention Explanation Sequence 1 begins with the number 1, foIowed by a dash, then a 3 digit number, followed by a 2 digit number. 1 1-XXX-XX Number the linage as per the inventory sheet, adding 0's in both the middle and final segments when appropriate. For exam le, if card reads 1-2-9, number the image as 1-002-09. 2 AD XXX Sequence 2 begins with the capital letters AD, followed by a space, and then a 3 digit number. Again, add 0's in the last segment when necessary. Exam le, AD 330 3 CH 1-XXX Sequence 3 begins with the capital letters CH, followed by a space, the number 1, and then a 3 digit number. Again, add 0's in the final position when necessary. Example, CH 1-001 4 F-XXXXX Sequence 4 begins with the capital letter F, followed by a dash, and then a 5 digit number. Example, F-05001 5 FF-XXXXX Sequence 5 begins with the capital letters FF, followed by a dash, and then a 5 digit number. Example, FF-04032 6 FX-XXXXX Sequence 5 begins with the capital letters FX, followed by a dash, and then a 5 digit number. 7 FP-XXXXX Sequence 7 begins with the capital letters FP, followed by a dash, and then a 5 digit number. 8 FR-XXXXX Sequence 8 begins with the capital letters FR, followed by a dash and then a 5 digit Laserfiche Enterprise Software License and ProfesstonaI Services Agreement Page 48 25B-60 Seq Numbering Type Convention Explanation number. 9 BF_XX-XX Sequence 9 begins with the capital letters HF, followed by a space, and2 digit number, and then another 2 digit number. Add 0's were appropriate See Inventory List Example, HF O1-02 10 R-XXXXX Sequence 10 begins with the capital letter R, followed by a dash, and then a 5 digit number. I RB-)U= Sequence I 1 begins with the capital letter RB, followed by a dash, and then a 5 digit number. 12 RL-XXXXX Sequence 12 begins with the capital letters RL, followed by a dash, and then a 5 digit number. 13 RS-XXXXX Sequence 13 begins with the capital letters RS, followed by a dash, and then a 5 digit number. 14 S-XXXXX Sequence 14 begins with the capital letter S, followed by a dash, and then a 5 digit number. 15 SS-XXX Sequence 15 begins with the letters SS, followed by a dash, and a 3 digit number. Add 0's where appropriate. 16 TC-)D= Sequence 16 begins with the letters TC, followed by a dash and then a 5 digit number. 17 TH-XXXXX Sequence 17 begins with the capital letters TH, followed by a dash, and then a 5 digit number. 18 TR XXXXX Sequence 18 begins with the capital letters TR, followed by a space, and then a 5 digit number. 19 TS-XXXXX Sequence 19 begins with the capital letters TS, followed by a dash, and then a 5 digit number. 20 TS_1-XXX Sequence 20 begins with the capital letters TS, followed by a space, followed by the number 1, a dash, and then a 3 digit number. Add 0's in the last "segment" when appropriate. Example, TS 1-023 21 TSC_X-XXX Sequence 21 begins with the capital letters TSC, followed by a space, followed by a 1 digit number, followed by a dash and then a 3 digit number. Add 0's in the last "segment" when appropriate. Example, TSC 1-102 22 U-XXXXX Sequence 22 begins with the capital letter U, followed by a dash, and then a 5 digit number. 23 W-XXX Sequence 23 begins with the capital letter W, followed by a dash, and then a 3 digit number. Add 0's when appropriate. 24 W-XXXXX Sequence 24 begins with the capital letter W, followed by a dash, and then a 5 digit number. E. PWA Drawings Document Naming. PWA Drawing documents will be named by their Drawing Number which is found in the hangtag of the drawing. Example: TH-05034 F. Other Documents Indexing, Naming, and Folders. The template fields, document naming, and folder requirements will be provided for other Laserfiche Enterprise Software License and Professional Services Agreement Page 49 25B-61 documents to be scanned. G. Scan Folder Structure. Documents scanned by Accuflex should be scanned into the following folder structure: Scan\Accuflex To Be Reviewed\Batch <batch number> PWA will reviewed scanned documents in this folder and move them to the permanent folder once the quality has been verified. 11.Price Schedule Laserfiche will bill Licensee for actual items scanned by Accuflex using the following price schedule. A. Microfilm Rolls. Service Unit Black & White Cost Grayscale Cost 16mm rolls containing less than 2,000 images Roll $50 $65 16mm rolls containing 2,001-4,000 images Roll $75 $90 16mm rolls containing more than 4,000 images Roll $100 $115 Microfilm Scanner Setup/Cleaning of the rolls (if required) $50 per setup $50 per setup B. Microfiche Sheets. Service Unit Black & White Cost Grayscale Cost 16mm Image $0.07 $0.10 35mm Image $0.085 $0.115 C. Paper Documents and Drawings (Black & White or Grayscale). Type of Document Unit Cost Documents up to and including 11" x 17" Page $ .08 Large Format Documents - up to E Size (36" x 48'� Black and Sheet $ 1.35 White Laserfiche Enterprise Software License and Professional Services Agreement Page 50 25B-62 Large Format Documents - up to E Size (36" x 48") Grayscale Sheet $ 1.45 Large Format Documents - up to E Size (36" x 48") Color Sheet $ 1.55 Aperture Cards Frame $ .49 Indexing Surcharge when exceeding 10 characters / page averaged over the total engagement pages Character $ .008 D. Additional Fees. Service Fee Document Naming & Indexing (per requirements) No Charge Exporting as a Laserfiche Briefcase/volume No Charge Making Exported Briefcase / Volume Available on a Secure Laserfiche FfP Site for Downloading No Charge Media Copy I Burning (e.g.: USB Drive, Memory Card, DVD) $30 per disk Document Pickup / Drop off (round trip from Accuflex to Licensee's office) $60 per trip Laserfiche Enterprise Software License and Professional Services Agreement Page 51 25B-63 Client#: 1258425 305COMPUMGM ACORD. CERTIFICATE OF LIABILITY INSURANCE O211412014 YII 2114/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS OF S NOT TJ;Q,CT BETWEEN THE ISSUING INSURER(B), AUTHORIZED REPRESENTATIVETIFICATE OR PRODUCER, ANDNCE THE CE i IIFA 'H -'tJW IJ� IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require.an,endorgUrftt, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). („ 'Ofi PRODUCER �".-qq , L!I' :�kWAq AideRadllla BB&TInsurance Services of Orange County PHONE Eac:714578-7050 acxo:877297.9245 Me, aradilla@bbandt.com 680 Langsdorf Drive Suite 100 Fullerton, CA 92831 INSURE 9 AFFORDING COVERAGE NAIL# INSURERA:AtlantlC Specialty Insurance Co 27154 INSURED Compuiink Mgmt Center Inc dba Lasertiche 3545 N, Long Beach Blvd. #110 Long Beach, CA 90807 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE SR 9U0 POUCYNUMDER MMIDO MMIDO UP LIMITS A GENENALLIABILITY X COMMERCIAL GENERALLUHILITY CLAIMS•MADE a OCCUR 7110103310007 2N312014 02/13/201 EACHOOCCTCURgqRENCE $1 000000 PREMISES Ee ocMc ED nw $1 000000 MEDEXP Amrona .mm $10 000 PERSONAL&ADVINJURY $1,000 000 GENERALAGGREGATE $2 000,000 GEN'L AGGREGATE POLICY LIMITAPPLIES PER PR0. 7 LOC PRODUCTS-COMP/OPAGG §2,000000 $ A AUTOMOBILELIABILITY X X ANYAUTO ALLOWNED SCHEDULED AUTCS AUON e HIREDAvros X NON-0WNEO AUTOS 7110103310007 2/13/2014 02113/201 COMBIINNED SINGLEOMITfEa. 1,000,000 BOOILY INJURY(Per parson) $ BODILY INJURY(Pa,accidemt) $ PROPERTY DAMAGE $ E A X UMBRELLA LIAR EXCESS UAB X OCCUR CUMMS-MADE 7110103310007 2113/2014 02113/201E EACH OCCURRENCE s20 000 000 AGGREGATE $20 000 000 DEO I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEIEXECUNVE YIN OFFICERIMEMBER EXCLUDED? � (Mnnd.Wo In NH) Ifrs, describe wrier DESCRIPTION OF OPERATIONS below NIA 411160200720000 1/01/2014 011011201E X NlCSTATIL OTH- E.L. EACH ACCIDENT §1000000 E,L.DISEASE-EAEMMOYE $1000000 E.1- DISEASE. POLICY LIMIT $1000000 A Technology E & O 7110103310007 02J13120114 02/13/201 Limit: $5,000,000 Ded. $50,000 Retro Date: 0211312004 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(AUmh ACORD 101, AMIflonal Remarks Schedule, if more space Is R u I Evidence of Insurance. OWD FORM Jose San al S 'or Assistant City City of Santa Ana 20 Civic Center Plaza M-42 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE Lei.)z ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S11863142IM11B63111 AFRAID 25B-64 Client#: 1258425 A-2oIL-I—!14q 305COMPUMGM ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYY11 2/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE_ D REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such Endorsement(s). PRODUCER NRVJACT Aide Radllla BB&T Insurance Services PHONE 714 941.2850 877 297.9245 Ert: AIC No: of Orange Count 9 y Eb AILo o . aradllla@bbandt.com 2400 Katella Avenue Ste 1100 Anaheim, CA 92806 INSURERS AFFORDING COVERAGE MAC a INSURERA: Atlantic Specialty Insurance Cc 27154 INSURED Compullnk Mgmt Center Inc INSURER B dba Laserflche INSURER c 3545 N. Long Beach Blvd. 9110 INSURER D: Long Beach, CA 90807 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADO a SUB D POUCYNUMBER POoLICY EFF MIdNO POLICY EXP (MI UNITS A GENERALUABILRY X COMMERCIALGENERALLABILITY CWMS-MADE Fx1 OCCUR X 7110103310008 2J13/20115 02113/201E EACH OCCURRENCE $1000000 $1 OD0000 NED EXP (Any one borson $10,000 PERSONAL&ADVINJURY $1 000 000 GENERALAGGREGATE $2 000,000 G 1. AGGREGATE PC CM LIMIT APPLES PER: jET LOC PRotrums-COMPlOPAGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS 7110103310008 0211312015 021131201E EOMBNdEED SIG LIMIT 1,000,000 BODILY INJURY (Par person) $ BODILY INJURY (Par aceldam) $ PROPERTY DAMAGE Peraccldenl $ 4 A X1 UMBRELLA LIAR EXCESS UAS X OCCUR CLAIMS -MADE 7110103310008 02113/2015 0211312016 EACH OCCURRENCE $20 000 000 AGGREGATE $20000 000 DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' UABILRY ANY PROPRIETORIPARTNEREXECUTWE YIN OFFICERrtAEMBER EXCLUDED? FW (Mandatory In NH) ITyes, does be under DESCRIPTION OF OPERATIONS bel. NIA 4060200720009 01/01/2015 01/01/201 X WC STATU- OTH- EL. EACH ACCIDENT $1000000 EL. DISEASE - EA EMPLOYEE $1 000000 EL DISEASE -POLICY LIMIT $1,000,000 A Technology E & O 7110103310008 0211312015 02/13/201 Limit: $5,000,000 Ded. $50,000 Retro Date: 02/13/2004 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddlUonal Remarks Schedule, if more space Is required) RE: Contract agreement with Insured. Certificate holder Is Included as Additional Insured, as respects to General Liability, as required by written contract, per form #VCG207 attached. `THIS CERTIFICATE SUPERSEDES & REPLACES THE CERTIFICATE PREVIOUSLY ISSUED ON 2116115. CI of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza M-42 ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of CORD #S13746621/M13718087 (�„vl�w�� �����, w,�,nl� /�^� AFRAID THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule fists the coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS I 1. Additional Insured — Broad Form Vendors 2. Additional Insured— by Contract, Agreement or Permit relating to: o Work performed by you o Premises you own, rent, lease or occupy o Equipment you lease 3. Aggregate Limit Per Location 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined — Mental Anguish 6. Broadened Named Insured 7. Broadened Property Damage o Borrowed Equipment o Customers' Goods o Use of Elevators 8. Coverage Territory — Worldwide 9. Duties in Event of Occurrence, Claim or Suit 10. Expected or Intended Injury (PD) 11. Incidental Medical Malpractice 12. Medical Payments 13. Mobile Equipment Redefined 14. Newly Acquired or Formed Organizations 15. Non -Owned A rcraft 16. Non -Owned Watercraft 17. Personal and Advertising Injury 18. Product Recall Expense 19. Supplementary Payments Increased Limits 1. ADDITIONAL INSURED —BROAD FORM VENDORS Section II — Who Is An Insured is amended to include as an additional Insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide Insurance, but only with respect to "bodily Injury" or "property damage" arising out of'Your products" which are distributed or sold In the regular course of the vendors business, subject to the following additional exclusions: a. This provision 1, does not apply to: (1) 'Bodily injury" or 'property damage" for which the vendor is obligated to pay damages by reason of the assumption of lability in a contract or agreement. This exclusion does not apply to liability for damages that the vendorwould have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (3) Any physical or chemical change in the product made Intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises In connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or (8) 'Bodily injury' or ')property, damage" arising out of the sole negligence of the vendor for Its own acts or omisslons or those of Its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained In Subparagraphs 4. or 6.; or VCG 207 07 09 Includes copyrighted material of Insurance Services Office, Inc. Pagel of7 Copyright 2009. One6eacon Insurance Group E-INSURED (� ,,/yam ' /r (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, In connection with the distribution or sale of the products. (9) Any vendor, person or organization if the "products -completed operations hazard" Is excluded either by the provisions of the Coverage Form or by endorsement. b. This Insurance does not apply to any Insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering Into, accompanying or containing such products. 2. ADDITIONAL INSURED— CONTRACT, AGREEMENT OR PERMIT a. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organi- zation(s) with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for'bodily injury", 'property damage" or "personal and advertising Injury' caused, in whole or In part, by your acts or omissions or the acts or omissions of those acting on your behaff: 1. In the performance of"your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or 2. In the maintenance, operation or use of equipment leased to you by such person(s) or organization(s), or 3. In connection with premises you own, rent, lease or occupy, This Insurance applies on a primary or primary and non-contributory basis If that is required in writing by the contract, agreement or permit. b. The insurance provided to the additional insured herein is limited. This insurance does not apply; 1. Unless (a) the written contract, agreement or permit is currently In effect or becomes effective during the tern of this policy; and (b) the contract or agreement was executed or permit issued prior to the 'bodily Injury", 'property damage", or'personal and advertising injury"; 2. To any person or organization included as an insured under the Additional Insured - Broad Forth Vendors provision of this endorsement; 3. To any person or organization included as an Insured by an endorsement Issued by us and made part of this Coverage Part; 4. To any person or organization if the 'bodily injury", 'property damage", or 'personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease terminates or expires; or (b) Owners or other Interests from whom land has been leased; or (c) Managers or lessors of premises tf: (1) The "occurrence" takes place after you cease to be a tenant in that premises; or (2) The 'bodily Injury', 'property damage", 'personal and advertising Injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. 6. To'bodiy injury, or "property damage" occurring after. (a) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (b) That portion of 'your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in perfordng operations for a principal as part of the same project Page 2 of Includes copyrighted matedal of Insurenm Services O(fce, Ina VCG 207 07 09 Copyright 2009, OneBeacon Insurance Group c. Limits of Insurance applicable to the additional Insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of 1. Insureds; 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bringing "suits". These Limits of Insurance are Inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III — Limits of Insurance, the General Aggregate Limit applies separately to each of your 'locations" owned by or rented or leased to you. b. Under Section V —Definitions, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV — Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of yourongoing operations done under a written contract or agreement with that person or organization and included in 'your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the 'bodily injury" or "property damage", that requires you to waive your rights of recovery. 5. BODILY INJURY REDEFINED— MENTAL ANGUISH Under Section V, the definition of "bodily injury" is replaced by the following: 'Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 6. BROADENED NAMED INSURED Section II — Who Is An Insured is amended to include as an insured the following: Any organization which Is a legally incorporated entity In which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 180th day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which Is also an Insured under another policy or would be an Insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE— BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The Insurance for "property damage" liability Is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the Insured does not apply to 'property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; (b) Personal property in the care, custody or control of the Insured; and (c) That particular part of any property that must be restored, repaired or replaced because 'your work" was Incorrectly performed on it do not apply to "property damage" to "customers' goods" while on your premises nor do they apply to 'property damage" arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods" is $35,000 per "occurrence". VCG 207 07 09 Indudes copyrighted material of Insurance Services Offiw, Inc. Page 3 of Copyright 2009, OneBeaaccoonn Insurance Group /�/�/ (fir✓i(��.,�)L.�'> �5tJ�'a/1tY�' 7l lJ b. Under Section V — Definitions, the following definition is added: "Customers' Goods" means goods of your customer on your premises for the purpose of being: 1. Repaired; or 2. Used in your manufacturing process. c. The Insurance afforded by this provision is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess provisions In the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. COVERAGE TERRITORY —WORLDWIDE The definition of "coverage territory" is replaced by the following: "Coverage territory" means anywhere provided the Insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an "occurrence" offense, claim or'tuit"and 2. send us documents concerning a claim or "suit" apply only when such "accident" claim, 'bulf' or'loss" Is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer of the corporation or Insurance manager, if you area corporation; or 4. A manager, if you area Ornited liability company. b. The requirement that you must notify us as soon as practicable of an "occurrence" or an offense that may result in a claim does not apply if you report an "occurrence" to yourworkers compensation Insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence" is a liability claim rather than a workers compensation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 10, EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage Is replaced by: 'Bodily Injury" or "property damage" expected or Intended from the standpoint of the insured. This exclusion does not apply to 'bodily Injury" or "properly damage" resulting from the use of reasonable force to protect persons or property, 11. INCIDENTAL MALPRACTICE —EMPLOYED PHYSICIANS, NURSES, EMT'S AND PARAMEDICS a. Under Section 11 — Who Is An Insured, the paragraph that excludes an employee or volunteer worker as insured for 'bodily injury" or "personal and advertising Injury" arising out of his or her providing or failing to provide professional health care services does not apply to a physician, dentist, nurse, emergency medical technician or paramedic employed by you If you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Otherinsurance — Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 12. MEDICAL PAYMENTS — INCREASED LIMITS AND TIME PERIOD In the Insuring Agreement under Coverage C — Medical Payments, the requirement that expenses are incurred and reported to us within one year of the date of the accident is changed to three years. a. The Medical Expense Limit is $15,000 per person or the amount shown in the Declarations as the Medical Expense Limit, whichever is greater. b. This provision 12. does not apply if Coverage C — Medical Payments Is otherwise excluded either by the provisions of the Coverage Form or by endorsement. Page 4 of Includes copyrighted mate dal of Insurance Services Office, Inc ECG 207 07 09 §� , Copyright 2009, OneBeaaccoinnIInsRuraynce Group 13. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the "mobile equipment" definition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered "mobile equipment": a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. 14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section II — Who Is An Insured, the time period limitation for newly acquired or formed organizations Is replaced by: Coverage under this provision is afforded only until the end of the current policy period. 15. NON -OWNED AIRCRAFT The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired, chartered or loaned with a paid crew; and 2. Not owned by any insured. a. The insurance afforded by this provision 15. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) available to the Insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 16. NON -OWNED WATERCRAFT a. Section II — Who Is An Insured is amended to include as an insured for any watercraft that Is covered by this policy, any person who, with your expressed or implied consent, either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. '13odlly injury'to a co-"ernployee" of the person operating the watercraft; or 2. 'Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability, the Ilmitatlon on the length of a watercraft Is increased to 55 feet. o. The Insurance afforded by this provision 16. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) available to the Insured, whether such Insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions In the COMMERCIAL GENERAL LIABILITY CONDITIONS. 17. PERSONAL AND ADVERTISING INJURY The following exclusions under the definition of 'personal and advertising injury" are amended as follows: a. Insureds In Media Type Businesses "Personal and advertising injury" committed by an Insured whose business Is: (1) Advertising, broadcasting, publishing or telecasting; or (2) Designing or developing content of websites for others. However, this exclusion does not apply to paragraphs 14 a., b. and c. of "personal and advertising Injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms Or Bulletin Boards 'Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or maintains for others. VCG 207 07 00 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 7 Copyright 2009, OneBeacon Insurance Group ?)V 18. PRODUCT RECALL EXPENSE With respect to this Provision 18., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily InjuryAnd Property Damage Liability is deleted. a. The following is added to Section III - Limits Of Insurance section: 1. The Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) 'Covered recalls" initiated; or (c) Number of'your products" recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. 3. Subject to 2. above, the Each Product Recall Limit is the most we will reimburse you for the sum of all 'product recall expenses" arising out of any one "covered recall" for the same defect or deficiency. 4. Subject to 3. above, we will pay only the amount of "product recall expenses" in excess of the deductible amount shown in the Product Recall Schedule. Products Recall Schedule Limits of Insurance Product Recall Aggregate Limit $ 50,000 Each Product Recall Limit $ 25,000 Each Product Recall Deductible $1,000 If any limits and deductible other than those above are shown in the Declarations as the Products Recall Expense Limits, the amounts shown In the Declarations will replace the Limits of Insurance and deductible provided for this coverage. The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown In the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. b. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Section IV —Conditions: You must see to it that the fallowing are done In the event of an actual or anticipated "covered recall" that may result in 'product recall expense": 1. Give us prompt notice of any discovery or notification that 'your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect'your product" that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and 5. Permit us to examine any insured under oath, while not in the presence of any other Insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, Including an Insured's books and records: In the event of an examination, an insured's answers must be signed. Page 6 of Includes copyrighted maledal of Insurance, Services Office, Inc, VCG 207 07 09 Copyright 2009, Onseeacon Insurance Group �2crv< «.vim'>21�'B-7�W l�%�•�-a� 7�� c. The following definitions are added to the Deflnitions Section: 1. "Covered recall" means a recall made necessary because the insured or a government body has determined that a known or suspected defect, deficiency, Inadequacy or dangerous condition in 'your product" has resulted in or will result In 'bodl ly injury" or "property damage'.'. 2. 'Product Recall Expense" means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling 'your product"; (1) For communications, including radio or television announcements or printed advertisements Including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular "employees" for necessary overtime; (4) For hiring additional persons, other than your regular 'employees"; (5) Incurred by "employees", Including transportation and accommodations; (6) To rent additional warehouse or storage space; Dr (7) For disposal of 'your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage"as a resultof such disposal, but 'product recall expenses" does not Include costs of regaining your market share, goodwill, revenue or profit. (b) 'Product Recall Expense"does not include any expenses resulting from (1) Failure of any productto accomplish its intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of 'your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the Inception of this insurance; and (7) Recall of 'your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found 19. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS Under Section I — Coverages, Supplementary Payments — Coverages A and B, paragraphs 1.b. and 1.d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses Incurred by the Insured at our request to assist us in the investigation or defense of the claim or'Suit", including actual loss of eamings up to $500 a day because of time off from work. VCG 207 07 09 Includes copyrighted material of insurance Services Oflico, Inc. Page 7 of Copyright 2009, OneBeacon Insurance Group ��7B �'/6� 91 page 2 of 11 11AG A 1A1C11{MG ,GJ�Yp ' ACORD. CERTIFICATE OF LIABILITY INSURANCE OAT 151'20aNWY) 2/15/018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is en ADDITIONAL MSURED, the policy(les) must hove ADDTIONAL INSURED provisions or b endorsed. It SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer any rights to the certificate holder in lieu of such endarsemeni(s). PRODUCER BB&T Insurance Services WEt. Aide Radilla 'N 41-2850 F NPI: 877 297-9245 of Orange County AaeAESS: aradilia@bbandt.com 2400 E Kalella Ave. Suite 1100 Anaheim, CA 92006 INSWERISI AFFOMOM COVERAGE NAIC0 INSURER A:1UImLLICSF"51nNmol,nLOmpmr 27154 UNSURE° Compulink Mgmt Center Inc INSURER B: 71m 1Y Ra t'Q, mA'Coel Avm 25674 INSMER c: ACE AmnIce,Navu,upe 22667 dba LaserOche 3545 N. Long Beach Blvd. 9110 Long Beach, CA 90807 INSURER D: INSURER E: INSURER F: n e're AI„eeG tee. REVISION NUMBER: cc'.MRnvw ......... ...... _.._...__... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE'INSURMICE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R LTR TYPECI'MURANCE Ati0 NSR R VAm POLICY NUMBER I•°LILY EFF NMNOIYYV)Q LTCYExB M{ MNONY LINK$ A X OOMLIERCIALGENERALUABILaY CLAIMS MAOE ❑X OCCUR X 7110103310011 2/1312018 0211312019 EncHo:cuRRENCE S1,000,000 OA�TILAI ronENTEO P ��slEaeavrrenx 51000,000 MED EXP (n onepele ) $10 000 PERSONAL A AOV KJURY $1,000,000 GENL AGGREGATE LUIIT APPLIES PER: GENERAL AGGREGATE 32,000,000 .. PRO.T$-COMPNPAGD s2,000 000 —_ A Pn0 POLICY � dECT � LOC OTHER: AUTOUOOILELIAOILRY 7110103310011 2/1312018 02/1312019 (Ee„�,dINEdiIc[€iTMr 3 $1,000,000 BODILY INJUIIY lPtt poem) 9 X ANY AUTO BODILYINJuRY(PeraaMeN) S OLVNEO SCHEDULE° AUT ONLY AUTOS X AUT(W ONLV x AUTTOG EOMY Op2RTy0AFARSE- Ptt AaideN S __ S A X UMBRELLA LIAR EXCESS LIAO X OC(U1R CWAISAIADE 7110103310011 211312018 02/1312019 FAdI OrsuRnencE s20 000.000 AGGREGATE s20000,000 DEO RETENTION$ WORKERSCOLVENSpTION Ana EIdPLOYERB' LNBLLBT ANY PROPRIETORIPARTNERRECUTNE YIN OFFlM"WBER EXMEJ (Ll atagrInNH) R YyaC8.� d=1W UINN GESC:RIPTIONOFOPERATXINSbeb X 5TATvTE OTH- S B NIA U84K964027 1l01I201801101/201 EL EAd1ACdDENT $_JUDO OOO EL DISEASE -EA EMPLOYEE S1tn,000 EL. DI SEASE.POLX:YUNT $1000,000 _ C Technology G46867680001 2113/2018 0211312019 $16,000,000 Agg Limit E & O - $16,000,000 Each Claim Relro 2/13/2004 L $ 50,000 Retention DESCRIPTION OF OPERATIONS ILOGATIOUS IVEHICLES (ACORD 101, AddRimal ROMO As SchNdtde, III' be anached X more spat* IS IOVlred) RE: Contract agreement with Insured. Certificate holder is Included as Additional Insured, as respects to General Liability, as required by written contract, per form #VCG207 0709 attached.,,, " r ICE �IA ,3�5 1(,L City of Santa Ana 20 Civic Center Plaza M-42 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TIEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REP IESEmATNE ACORD 25 (2016103) 1 all 694 NS19537247/M19537241 IUpO•cV a nLvnv ,...nr... o........ .... ..y.... The ACORD name and log" 17 irks of ACORD L I �7 AFRAD page 3 of 11 N 97nis page has been left blank intentionally. 25B-74 695 IN page 4 of 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule fists Ore coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured — Broad Form Vendors B. Coverage Territory — Worldwide 2. Additional Insured — by Contract, Agreement or 9. Duties in Event of Occurrence, Claim or Suit Permit relating to: 10. Expected or Intended Injury (PD) o Work performed by you 11. Incidental Medical Malpractice o Premises you own, rent, lease or occupy 12. Medical Payments o Equipment you lease 13. Mobile Equipment Redefined 3. Aggregate Limit Per Location 14. Newly Acquired or Formed Organizations 4. Blanket Waiver of Subrogation 15. Non -Owned Aircraft 5. Bodily Injury Redefined — Mental Anguish 16. Non -Owned Watercraft 6. Broadened Named Insured 17. Personal and Advertising Injury 7. Broadened Properly Damage 18. Product Recall Expense e Borrowed Equipment 19. Supplementary Payments Increased Limits o Customers' Goods o Use of Elevators 1. ADDITIONAL INSURED— BROAD FORM VENDORS Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, but only with respect to'body injury" or"property damage" arising out of 'your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply to: (1) 'Bodily injury" or'property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (3) Any physical or chemical change In the product made Intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adfustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vends; or (8) 'Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6.; or 696 VGG 20707 09 Includes copyrighted material of Insurance services Offxxi, Inc. Page 1 of Copyright 20� Qpy ly. 1 r�ance Group x. page 5 of 11 (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products. (9) Any vendor, person or organization if the 'products -completed operations hazard" is excluded either by the provisions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. ADDITIONAL INSURED —CONTRACT, AGREEMENT OR PERMIT a. Section II — Who Is An Insured is amended to include as an additional Insured any person(s) or organk zalion(s) with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for'bodily injury", "property damage" or 'personal and advertising injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of "your work' for the additional insured(s) at the location designated in the contract, agreement or permit; or 2. In the maintenance, operation or use of equipment leased to you by such person(s) ororganization(s), or 3. In connection with premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non-contribulory basis if that is required in writing by the contract, agreement or permit. b. The insurance provided to tife additional insured herein is limited. This insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effector becomes effective duffing the term of this policy; and (b) the contract or agreement was executed or permit issued prior to the 'bodily injury', 'property damage', or "personal and advertising injury"; 2. To any person or organization included as an insured under the Additional Insured - Broad Form Vendors provision of [his endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. To any person or organization if the 'body injury", 'properly damage", or 'personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease terminates or expires; or (b) Owners or other interests from whom land has been leased; or (c) Managers or lessors of premises if: (1) The "occurrence" lakes place after you cease to be a tenant In that premises; or (2) The 'bodily injury", 'properly damage", 'personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. 6. To'bodly Injury, or "property damage" occurring after: (a) Alf work on the proj9ct (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (b) That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other Than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Paget of 7 Indudes oopyrighted material of Insurance Services Office, Inc VCG 20707 09 Copyright 2009. o11eee26&p%p 697 page 6 of 11 c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bringing "suits". These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III —Limits of Insurance, the General Aggregate Limit applies separately to each of your "locations" owned by or rented or leased to you. b. Under Section V —Definitions, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV — Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the 'bodly injury" or'property damage", that requires you to waive your rights of recovery. 5. BODILY INJURY REDEFINED —MENTAL ANGUISH Under Section V, the definition of 'bodily injury" is replaced by the following: 'Bodily Injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any lime. 6. BROADENED NAMED INSURED Section II —Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial Interest of more than 50 percent of the voting stock on the effective dale of this endorsement will be a Named Insured until the 1801h day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which Is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE— BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "properly damage" liability is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to 'property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Properly loaned to you; (b) Personal property in the care, custody or control of the insured; and (c) That particular part of any property that must be restored, repaired or replaced because your work" was incorrectly performed on It do not apply to "property damage" to "customers' goods" while on your premises nor do they apply to 'property damage" arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods" Is $35,000 per "occurrence". VCG 207 07 09 Includes copyrighted material of Insurance ServicesOffoo. Inc. Page of 7 Copyright 202, 5047rance Group 698 x page 7 of 11 b. Under Section V —Definitions, the following definition is added: "Customers' Goods" means goods of your customer on your premises for the purpose of being: 1. Repaired; or 2. Used in your manufacturing process. c. The insurance afforded by this provision is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such Insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. COVERAGE TERRITORY —WORLDWIDE The definition of "coverage territory" is replaced by the following: "Coverage territory" means anywhere provided the insured's responsibility to pay damages must be determined in a settlement we agree to or In a "suit" on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an "occurrence" of fanse, claim or "suit" and 2. send us documents concerning a cfaim or "suit" apply only when such "accident" claim, "suit" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a padnership; 3. An executive officer of the corporation or insurance manager, if you area corporation; or 4. A manager, II you area limited liability company. b. The requirement that you must notify us as soon as practicable of an "occurrence" or an offense that may result in a claim does not apply if you report an "occurrence" to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence" is a liability claim rather than a workers compensation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 10. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "properly damage" expected or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury" or "properly damage" resulting from the use of reasonable force to protect persons or property. 11. INCIDENTAL MALPRACTICE— EMPLOYED PHYSICIANS, NURSES, EMTS AND PARAMEDICS a. Under Section 11— Who Is An Insured, the paragraph that excludes an employee or volunteer worker as insured for "bodily injury" or "personal and advertising injury' arising out of his or her providing or fairing to provide professional health care services does not apply to a physician, dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, denial, x-ray or nursing services. b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 12. MEDICAL PAYMENTS— INCREASED LIMITS AND TIME PERIOD In the Insuring Agreement under Coverage C— Medical Payments, the requirement that expenses are incurred and reported to us within one year of the dale of the accident is changed to three years. a. The Medical Expense Limil is $15,000 per person or the amount shown in the Declarations as the Medical Expense Limit, whichever is greater. b. This provision 12. does not apply if Coverage C — Medical Payments is otherwise excluded either by the provisions of the Coverage Form or by endorsement. Page4 of Iridudesmpyrightedmated f igan�ioas Office,Inc. VCG 207 07 09 Copyright 2009, OneBe " P 699 page 8 of 11 13. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the "mobile equipment" de0nition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered "mobile equipment": a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. 14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section 11 — Who Is An Insured, file time period Imitation for newly acquired or formed organizations is replaced by: Coverage under this provision is of lorded only until the end of the current policy period. 15. NON -OWNED AIRCRAFT The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft [hat is: 1. Hired, chartered or loaned with a paid crew; and 2. Not owned by any Insured. a. The insurance atbrded by this provision 15. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITION. 16. NON -OWNED WATERCRAFT a. Section II — Who Is An Insured is amended to include as an insured for any watercraft that is covered by this policy, any person who, with your expressed or implied consent, either uses or is responsible for the use of awatercrafl. However, no person or organization is an insured with respect to: 1. 'Bodily injury' to a co -"employee" of the person operating the watercraft; or 2. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability, the Imitation on the length of awalercraft is increased to 55 feet. c. The insurance atbrded by this provision 16. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITION. 17. PERSONAL AND ADVERTISING INJURY The following exclusions under the definition of "personal and advertising injury" are amended as follows: a. Insureds In Media Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; or (2) Designing or developing content of websiles for others. However, this exclusion does not apply to paragraphs 14 a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or Inks, or advertising, for you is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chalroom or bulletin board the insured hosts, owns, or maintains for others. VCG 207 07 09 Includes mpyritil d ma rial of ln�urance 5ervicesOfrxs, Inc. Page 5 of 7 Copyright 20 f rance Group 700 page 9 of 11 18. PRODUCT RECALL EXPENSE Wth respect to this Provision 18., the Recal IOf Prodrets, Work Or Impaired Property exclusion under Coverage A Bod j Injury And Property Damage Liabi Ity is deleted. a. The following is added to Section III -Limits Of Insurance section: 1. The Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) 'Covered recalls" initialed; or (c) Number of "your products" recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. 3. Subject to 2. above, the Each Product Recall Limit is the most we will reimburse you for the sum of all "product recall expenses" arising out of any one "covered recall" for the same defect or deficiency. 4. Subject to 3. above, we will pay only [tie amount of "product recall expenses" in excess of the deductible amount shown in the Product Recall Schedule. Limits of Insurance Product Recall Aggregate Limit $ 50,000 Each Product Recall Limit $ 25,000 Each Product Recall Deductible $1,000 If any limits and deductible other than those above are shown in the Declarations as the Products Recall Expense Limits, the amounts shown in the Declarations will replace the Limits of Insurance and deductible provided for this coverage. The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starling with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. b. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Sectio n IV —Conditions: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of your product" and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect "your product" [hat demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4, Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and 5. Permit us to examine any insured under calls, while not in the presence of any other insured and at such limes as may reasonably be required, about any matter relating to [his insurance or your claim, Including an insured's books and records. In the event of an examination, an insured's answers must be signed. Page of 7 includes copyrighted material of Insurance Sewiws Office, Inc. VGG 20707 09 copyright 2009, OneBeH&Wp 701 page 10 01 11 c. The following definitions are added to the Definitions Section: 1. "Covered recall" means a recall made necessary because the insured or a government body has determined that a known or suspected defect, deficiency, inadequacy or dangerous condition in "your product" has resulted in or will result in "bodily injury" or "property damage". 2. 'Product Recall Expense" means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling "your product": (1) For communications, including radio or television announcements or printed advertisements Including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular "employees" for necessary overtime; (4) For hiring additional persons, other than your regular "employees"; (5) Incurred by "employees", including transportation and accommodations; (6) To rent additional warehouse or storage space; or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, but 'product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit. (b) 'Product Recall Expense" does not include any expenses resulting from: (1) Failure of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost Incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; and (7) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of'your products" has been found 19. SUPPLEMENTARY PAYMENTS— INCREASED LIMrrS Under Section I — Coverages, Supplementary Payments — Coverages A and B, paragraphs Lb. and 1.d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traf fc law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. VCG 20707 09 InduCoPy ght 2lied material or VL2ADurance Group sOlfi�e, Inc. Pagel of 7 702 page 11 of 11 1-his page has been left blank intentionally. 25B-82 703 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: APPROVE AGREEMENT WITH ELLIOTT AUTO SUPPLY CO., INC, DBA FACTORY MOTOR PARTS, FOR A VENDOR -OWNED INVENTORY PROGRAM FOR FLEET VEHICLE PARTS, FOR UP TO FIVE YEARS, IN AN AMOUNT NOT TO EXCEED $1,700,000 (STRATEGIC PLAN NO. 6, 1C) R _ G RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_W40i1T ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Elliott Auto Supply Co., Inc., dba Factory Motor Parts, for a vendor -owned inventory program for fleet vehicle parts, for a three-year period beginning July 1, 2019, and expiring on June 30, 2022, with a provision for two one-year renewal options exercisable by the City Manager and City Attorney, in an amount not to exceed $340,000 annually, for a total agreement amount not to exceed $1,700,000, including the renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Fleet Maintenance Division maintains a fleet of over 650 active vehicles covering sedans, small trucks, and large equipment at the Corporate Yard. Fleet maintains a stock room of fast moving parts as well as special ordered Original Equipment Manufacturer (OEM) parts to provide the needed vehicle parts for maintenance, including preventative maintenance, complex mechanical repairs, and tire replacements. Vehicles serviced include Police patrol sedans, City agency vehicles and carpool vehicles, as well as all light trucks and heavy equipment, including sewer and dump trucks. On June 17, 2014, City Council awarded an agreement to Warren Distributing, Inc., for an integrated business solution for auto parts. This program continues to produce several operational efficiencies, such as a reduction of obsolete parts and shrinkage costs, elimination of the need for maintaining an inventory of parts, as well as streamlined Purchasing and Accounts Payable processes by reducing the number of contracts for auto parts, purchase orders and invoices. The agreement with Warren Distributing, Inc., is scheduled to expire on June 30, 2019. 25C-1 Agreement with Elliott Auto Supply Co. Inc. dba Factory Motor Parts for Vendor -Owned Inventory Program June 4, 2019 Page 2 On March 29, 2019, the Public Works Agency issued a Request for Proposal (RFP) for qualified firms to provide vendor -owned inventory program for the Fleet Maintenance Division. The RFP was advertised on the City's online bid management and publication system. A total of 21 potential vendors were notified and 19 downloaded the solicitation documents. A nonmandatory pre -proposal meeting was held on April 3, 2019. Two potential suppliers attended the meeting. Four proposals were received and evaluated by a committee consisting of representatives from various City divisions, including a representative from the Finance and Management Services Agency, Public Works Central Stores, Public Works Fleet Maintenance, and a representative from another municipality. The proposals were evaluated based on availability and quality of products, contractor experience with similar vendor -owned programs, compliance with request for proposal requirements, and cost. The table below summarizes the results of the four proposals: RANK PROVIDER AVERAGE SCORE 1 Elliott Auto Supply Co., Inc. dba Factory Motor Parts 97 2 Warren Distributing 88 3 Guaranty Chevrolet 27 4 DARTCO 25 The proposal from Elliott Auto Supply Co., Inc., dba Factory Motor Parts, received the highest score in the evaluation process and meets all City requirements. As part of the terms of the agreement, prices identified in Exhibit 1 shall remain fixed during the first year and a not -to -exceed 2% increase may be considered at the anniversary date. The annual amount of $340,000 is based on staff projections for this contract period. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT The proposed FY 2019-20 budget includes funding in Equipment Maintenance -Garage Operations account (No. 07517100-63202) and funding will be included in proposed budgets for future years as follows: 25C-2 Agreement with Elliott Auto Supply Co. Factory Motor Parts for Vendor -Owned June 4, 2019 Page 3 Inc. dba Inventory Program Fiscal Year Accounting Unit- Fund Description Accounting Unit, Account Amount Account Number Description AGREEMENT 3-YEAR TERM FY19-20 07517100-63202 Fleet Maintenance Equipment Maintenance- $340,000 Garage Operation, Operating Materials & Supplies Equipment FY20-21 07517100-63202 Fleet Maintenance Equipment Maintenance- $340,000 Garage Operation, Operating Materials & Supplies Equipment FY21-22 07517100-63202 Fleet Maintenance Equipment Maintenance- $340,000 Garage Operation, Operating Materials & Supplies Equipment OPTIONAL EXTENSIONS FY22-23 07517100-63202 Fleet Maintenance Equipment Maintenance- $346,000 Garage Operation, Operating Materials & Supplies Equipment FY23-24 07517100-63202 Fleet Maintenance Equipment Maintenance- $340,000 Garage Operation, Operating Materials & Supplies Equipment TOTAL 1 $1,700,000 - , U&'-I A -4-aV Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/TC/GL Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Kat' hry Downs, CPA 1�0 Executive Director Finance and Management Services Agency 25C-3 25C-4 EXHIBIT 1 AGREEMENT WITH FACTORY MOTOR PARTS TO PROVIDE MISCELLANEOUS VEHICLE PARTS THIS AGREEMENT is made and entered into on this 4TH day of June, 2019 by and between Elliott Auto -Supply -Co., Inc: dba Factory Motor Parts, a Minnesota corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March 29, 2019, the City issued Request for Proposal No. 19-017 ("RFP") by which it sought a contractor to establish a vendor -owned inventory (consignment) based model to provide miscellaneous fleet vehicle parts and accessories. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations required to supply an on and off -site inventory of parts and shop supplies necessary to maintain, repair and operate the City's fleet of vehicles and equipment including but not limited to, a full line of light and heavy duty equipment parts, Original Equipment Manufacturer (OEM) parts, small engine parts, hydraulic hoses, fasteners, tires, steel, welding supplies, safety supplies, chemicals, equipment, and all fluids associated with automotive vehicles (i.e. lubricants, antifreeze, brake fluids, etc.) as described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges provided by the Contractor's proposal and identified in Exhibit B, attached hereto, and the Contractor's full list for prices on the aforementioned parts and shop supplies which shall be incorporated by reference, as though fully set forth herein. The total amount to be expended during the term of this Agreement shall not exceed $1,700,000. This sum shall be comprised of a not -to - exceed annual amount of $340,000 during the term of this agreement and for any extension periods granted per Section 3, below. Page 1 of 8 25C-5 b. Prices identified above shall remain fixed during the first year of this Agreement and shall include all freight and delivery charges. After the first year, the Contractor shall provide an updated price list to the City for that year. The Executive Director managing the department handling this Agreement, or their designate, shall provide written confirmation of the City's consent of the new prices at a rate not -to -exceed 2%. c. Any increase in costs will not be reflected by a change in the overall compensation noted in Section 3.a., above. Any increase in compensation to Contractor shall require approval by the City Council. d. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2019 and continue for a three (3) year term until June 30, 2022 with the option for the City to grant up to two(2) one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Page 2 of 8 25C-6 Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. Page 3 of 8 25C-7 V. Contractor shall supply City with a fully executed additional insured endorsement. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements Page 4 of 8 25C-8 charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any Page 5 of 8 25C-9 terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of S 25C-10 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Contractor: Elliott Auto Supply Co. Inc. Attn: Dana Carney 2610 S. Birch St. Santa Ana, CA 92707 E-mail: d.cameyna ftnpco.com Fax: 702-459-0432 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and Page 7 of 8 25C-11 addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: k M,. John A . Funk Assistant City Attorney PROX915I81e0 t : ' ' t • Fuad Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Daha cawe� Dana Carney Fleet Sales and Operations Manager Page 8 of 8 25C-12 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS 19-017 FOR MISCELLANEOUS FLEET VEHICLE PARTS & ACCESSORIES SCOPE OF SERVICES & SPECIFICATIONS The Fleet Maintenance Division of the Public Works Agency maintains over 650 active fleet vehicles including sedans, trucks, vans, motorcycles, large heavy trucks, and police patrol sedans at the Corporate Yard facility located at 215 S. Center Street, Santa Ana, CA 92703. It is the responsibility of Fleet Maintenance to conduct routine maintenance on all vehicles, and replace all worn or broken parts. Parts for vehicles are ordered for inventory stock as well as parts required on an "as -requested" basis. The City desires to establish a prime and exclusive relationship with an auto parts and accessories distributor through a vendor -owned inventory (consignment) based business solution program providing a full line of equipment, products, accessories and services related to parts for the maintenance and repair of autos, trucks and other equipment to best serve the overall needs of the City. The City will provide the on -site staff to operate its Parts Counter Operation. General Parts Information The successful vendor shall supply parts and shop supplies necessary to maintain, repair and operate the City's fleet of vehicles and equipment including but not limited to, a full line of light and heavy duty equipment parts, Original Equipment Manufacturer (OEM) parts, small engine parts, hydraulic hoses, fasteners, tires, steel, welding supplies, safety supplies, chemicals, equipment, and all fluids associated with automotive vehicles (i.e. lubricants, antifreeze, brake fluids, etc.) Original equipment quality parts, supplies, and equipment, or the equivalent or better are required. The Fleet Maintenance Division reserve the right to purchase parts and other supplies that cannot be provided by the vendor within the time frames specified, or that do not meet original equipment quality, or that have been deemed inferior or unacceptable by Fleet Maintenance Division. Fleet Maintenance Division reserves the right to solicit repairs from any private vendor where said vendor may provide parts and/or labor for the repair of fleet equipment. Fleet Maintenance Division further requires that in every application where the City determines to be reasonable and acceptable the Contractor provide rebuilt, refurbished, recycled or refined products that meet or exceed OEM, SAE, UL, Mil -spec, ANSI or other industry quality standards. The Fleet Maintenance Division reserves the right over the course of the contract period to determine which products must be new, refurbished, recycled or retreaded. The Contractor shall also accept industry standard cores for rebuilding where the parts are acceptable as core exchanges including water pumps, alternators, etc. The Fleet Maintenance Division will work with the Contractor throughout the contract period to determine the parts, supplies and equipment to carry in inventory. This determination may be based on usage, fleet size, and parts ordering turnaround time, or any combination of these factors. Vendor Requirements The vendor shall have access to and control over sufficient inventory, either in an off -site location, or on- site in the vendor's own warehouse, preferably to be within a 1-hour delivery time to the City of Santa Ana RFP 19-017 Page17 25C-13 Fleet Maintenance shop. The vendor shall also have the ability to purchase Original Equipment Manufacturer parts by negotiation with one or several local dealer parts operations. The vendor shall have the capacity to furnish an 85% fill rate for the City's on -hand parts inventory requirements. The vendor shall evaluate the usage history of the current inventory of vehicle parts and supplies and thereafter on a monthly basis to identify those that should be removed from stock, added to stock, and to determine the stocking levels of those that should remain in stock. The vendor shall adhere to the stock reorder plan detailed In the proposal. Prompt response time to parts requests Is crucial to establish and maintain a high level of maintenance shop productivity. Any decision to make changes that will impact response times must be mutually agreeable with designated City staff and the vendor. The vendor shall provide stock and non -stock original equipment parts, supplies and equipment, or aftermarket items in equal or higher quality. A minimum of Grade 8 is required on all fasteners. All hydraulic equipment, components and parts must meet JIC and SAE specifications. City Fleet Maintenance Division reserves the right to inspect the quality of materials, supplies and equipment proposed to be furnished and to reject any item(s) deemed not to meet original equipment standards and performance. All such items provided by the selected vendor for resale to the city will remain the property of the vendor until purchased by the city. At its discretion, the City may elect to purchase and maintain ownership of certain specialized items. The city reserves the right to purchase parts and/or services from other sources'if the vendor cannot provide the desired part(s) by end of business the day following request, and in emergency situations to procure parts immediately if the vendor cannot supply the part(s) in an acceptable time frame. The vendor shall not issue parts or supplies to city personnel without a proper work order requisition. The vendor shall give a receipt containing specific information with items delivered to the City's employee for each work order requisition. A second copy of the receipt will be given to the fleet management administrative section. The receipt shall contain specific tracking information, i.e., equipment number, reference number, receiving employee name, parts quantities, part number and alpha description, price detail and any other data deemed necessary for effective accounting tracking. A duplicate of each transaction must be provided with the billing for verification of accounting transactions. The vendor shall maintain warranty records of items sold to the City and issue any credits including labor and parts, due to the City that are covered under these warranties. All items must include full manufacturer's warranties and guarantees. The Contractor must guarantee all items purchased for equipment repair and maintenance applications will fit the intended application and further guarantee that the product will work on the intended application. On -site replacement for defective, inferior or non -fit items must be guaranteed. The City will require vendor to conduct an inventory reconciliation every ninety (90) days and a report is to be submitted to staff by City of Santa Ana parts number. The selected vendor will be required to have the inventory ready for use as of July 1, 2019. General Information It is the intent and expectation of this solicitation to award a vendor contract to the best responsive and responsible bidder offering the best overall selection of products, supplies, equipment and services that meet the most commonly requested specifications. In the event no responding bidder is able to service such a contract, the City reserves the right to award to multiple bidders in order to meet the City's requirements. City of Santa Ana RFP 19-017 Page18 25C-14 All bids received will be evaluated based on their ability to provide the greatest utility to the City across the widest spectrum of products and services. The City invites all responding bidders to bid your entire product line to the extent that those products fall under the definition of "Auto and Truck Parts and Accessories." All equipment, products, and services are to meet or exceed all industry standards and requirements as defined, understood, established, and set forth by those accepted standards. This RFP is for an infinite quantity of products and services. Any quantities and/or sales volume stated herein are based on "potential' usage by the City, and no guarantee of sales volume or quantity is expressed nor implied. A response to this RFP, in addition to the included line item pricing sheet, shall be in the form of a percentage discount from a catalog or a category purchasing contract. A response to this RFP is an offer to contract with the City based on the goals, intent, terms and conditions, and scope of products and services contained herein. Delivery Time Orders placed as "Non -Stocked" will be price quoted at the time of ordering and delivered within twenty-four (24) hour or sooner. For "Non -Stocked" items that are not delivered within the allowed twenty-four (24) hour period, vendor will forego the mark-up cost on that part. The exception will be when the selected vendor does not have the part readily available and must reach out to a second party vendor to obtain the part in which case the City will allow for fair and reasonable delivery time as defined by the City. Vendor -owned (consignment) Inventory parts ordered will be delivered within a 24-hour period. All deliveries are to be to the City Corporate Yard, 215 S. Center St., Santa Ana, CA. As the City's fleet is perpetually changing, the City maintains the option to add or remove vendor - owned (consignment) inventory parts for the duration of the contract period. The successful bidder will agree to supply added items at the pricing structure consistent with like parts and/or manufacturer, and/or at the stated catalog and/or category purchasing discount rate as existing inventory. All parts shall be warrantied in accordance with the manufacturer's warranty. City of Santa Ana RFP 19-017 Page 19 25C-15 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS 19-017 FOR MISCELLANEOUS FLEET VEHICLE PARTS & ACCESSORIES laaall . :•. _u • RFP 19.019 MISCELLANEOUS VEHICLE PARTS CITY OF SANTA ANA ALTERNATE_ City Stock MIN PRICE MFG Number DESCRIPTION MFG MFG PART# APPLICATION CITY OFFERED OFFERED CLEANER,BRAKE CRC D5050 02-5665 SPRAY 36 $ 3.15 ROTOR, BRAKE, MOTORCRAFT 02-71425 FRONT WAGNER BD125785E 'CROWN VIC03-11 10 .$52.92 BRRF266 ROTOR, BRAKE, MOTORCRAFT 02-71435 REAR I) I WAGNER BDIM786E ICROWN VIC03-11 6 ,$ 36.10 _ BRRF271 i BRSD931ACROWN 40.94 I 02.71895 PAD, BRAKE, FRONT,MOTORCRAFT VIC 03-11, 12 ,$ 02-7193 PAD, BRAKE, REAR I MOTORCRAFT BRF1040 CROWN VIC 03-11 8 $ 4_1.72 BRAKE PADS, iMOTORCRAFT BRFI475 02-7200 FRONT PPV UTILITY 14-17 12 $ 37.08 02-7201 BRAKE PADS, REAR MOTORCRAFT BRFI383 PPV UTILITY 14-17 12 !$ 52.87 02-7250 ROTORS, FRONT MOTORCRAFT BRRF318 PPV U11LITY14.17 12 '$ 61.14 02.7251 ROTOR, REAR MOTORCRAFT BILRF92 PPV UTILITY 14-17 12 ,$ 50.03 03-6015 SPARKPLUG M01'ORCRAFT SP403 CROWN VIC 11 16 $ 2.98 04-3017 SERP. BELT GATES K060923 ,CROWN VIC 06-11 6 $ 20.59 CON 4060922 OS-0303 ANTIFREEZE MOTORCRAFT VC78 LATE MDLFORD 12 $ 12.88 WATER, DISTILLED, 11475018 05.7199 1 GALLON ARROWHEAD 18 $1.15 ANTI FREEZE, DEX- , SHELL 9404006021 OS-0306 COOL EXT 12 $ 6.26 05-2880 WIPER BLADE ANCO 91-22 CROWN VIC 40 $ 3.59 05.4258 FUELCAP STANT 10840 CROWN VIC05-13 4 $ 5.82 ' FVP MGC839 COOLING FAN MOTORCRAFT RF272 05-4500 ASEMBLY CROWN VIC 3 $ 176.31 COOLING FAN 05-4505 MODULE MOTORCRAFT RR28 CROWN VIC 3 $ 98.32 05-4600 BLOWER MOTOR MOTORCRAFT MM929 CROWN VIC 2 $ 37.42 BLOWER MOTOR, 05-4605 RESISTOR MOTORCRAFT YH 1717 CROWN VIC 2 $ 19.66 BLOWER FORDMOTOR FOZZ18A287A 05.4610 MOTOR,CLIP CROWN VIC 3 $ 6.22 05-4650 S.I.RIEWEL FORDMOTOR BWIZIOA936A CROWN VIC 4 $ 12.79 05-6500 WATER PUMP MOTORCRAFT PW464 CROWN VIC 3 $ 38.92 MOTORCRAFT PFS616 278.30 OS-6525 FUELSENDINGUNIT_ CROWN VIC 3 S City of Santa Ana RFP 19-017 Page 128 25C-16 RFP 19.019 MISCELLANEOUS VEHICLE PARTS CITY OF SANTA ANA ALTERNATE City Stock MIN PRICE MFG Number DESCRIPTION MFG MFG PART# APPLICATION CITY OFFERED OFFERED WASH, 05-7210 WINDSHIELD PEAK PXNOK3 12 1.56 $ SPLASHWASH BATTERY, SIDE/TOP 1 06-0391 POST AC DELCO ! 78DTPS 6 ! 5 11.01 BATTERY, GRP 34 OPTIMA 8014.045-ABS 06-0405 750CCA CROWN VIC 8 $82.68 ACDELCO34PG 06-2358 BULB 3157 PHILLIPS 3157CP ;$ .46 WAGNER 3157 STROBE, 2-HOLE SOUND OFF ETUCOC-P i 29.33 06-2361 FLANGE j 12 $ BULB, HEADLAMP i 06-2770 9007 PIIILLIPS 9007C1 I 12 j$ 2.50 WAGNER9007 07-5046 FILTER, OIL MOTi1RCRAFT FL8205 CROWN VIC08 ! i$ 3.12 07-5116 FILTER, OIL fMOTORCRAFT FL9105 'CROWN VIC09-11 _15 24 '$ 3.38_ 07.5120 ! FILTER, OIL wiX i 57502 PPV UTILITY 14-16 24 i$ 2.76 07-5126 ! FILTER, OIL WIX 51042 LATE MDLGM 8 5 2.78 07-8658 i FILTER, AIR MOTORCRAFT, FA1783 'CROWN VIC07-11' 20 $ 8.20 07-9100 FILTER, AIR WIX 46935 PPVUTILITY I3-17 24 '$5.35 07-9541 FILTER, TRANS WIX 58955 CROWN VIC 8 $ 8.29 07-9543 i TRANS GASKET 'FORD MOTOR F2VY7A191A CROWN VIC 12 $ 4.50 07-9828 ! FUEL FILTER WIX 33595 CROWN VIC 11 12 $ 4.44 61-1450 i OILQUARTSW-20 I ACDELCO 10-9267 60 $ 1.79 FVP5W20SBQT 61-1455 I OILQUART5W30 , ACDELCO 10-9271 60 $ 1.79 FVP5W20SBQT Total Bid $1339.67 I 1 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. THE FULL OF STOCKED CONSIGNMENT PARTS WILL BE PROVIDED UPON REQUEST. City of Santa Ana RFP 19-017 Page129 25C-17 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR MISCELLANEOUS FLEET VEHICLE PARTS & ACCESSORIES Firm Name: FACTORY MOTOR PARTS It would not be practical to list all parts / components that may be used by the city. The RFP Proposal Pricing List on the previous page is a general representation of a cross section of vehicle parts and an indicator of most frequent usage for bid response purposes only. The manufacturer numbers for items listed in the RFP Proposal Pricing List on the previous page are to serve as a reference and assist prospective bidders in identifying the corresponding item(s) in their own product lines. Responsive bidders may need to cross reference part numbers for bid response purposes. The City in no way restricts the products to be offered by proposers to the stated brand(s) only. For parts and accessories not specifically listed on the RFP Proposal Pricing List, Bidders must submit a fixed percentage discount off the Bidder's most current price list, for all automotive parts, components, accessories, and all other products and services offered by the Bidder, for the life of the contract. The discount percentages offered shall apply to the entire parts catalog for the brand and category listed. Please indicate the discount percentage and Base Price List from which the discount percentage is calculated, i.e., List, Wholesale, Jobber, Etc. The discount being offered is vARIE,9 % off of the LIST price list. If the discount varies from manufacturer to manufacturer, please list in the space below. Manufacturer Price List Discount Percentage SEE ATTACHED THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 19-017 Page 130 25C-18 BRAND DESCRIPTION DISCOUNT PF ACDELCO AC FILTERS 59% LIST ACDELCO AC FUEL PUMPS 57% LIST ACDELCO AC SPARK PLUGS 56% LIST ACDELCO AIR CONDITIONING 53% LIST ACDELCO AIR FILTERS 59% LIST ACDELCO BATTERIES 45%1 LIST ACDELCO BEARINGS 53% LIST ACDELCO BELTS & HOSES 53% LIST ACDELCO BRAKE PARTS 53% LIST ACDELCO CHASSIS 53% LIST ACDELCO CHEMICALS 53% LIST ACDELCO DELCO TRANSMISSION 53% LIST ACDELCO ELECTRONICS 53%1 LIST ACDELCO EMISSION CONTROL 53%1 LIST ACDELCO FUEL FILTERS 59% LIST ACDELCO FWD PRODUCTS 53% LIST ACDELCO IGNITION PARTS 53% LIST ACDELCO LIGHTING 53% LIST ACDELCO OIL 53% LIST ACDELCO RADIATORS 40% LIST ACDELCO SHOCKS & STRUTS 53% LIST ACDELCO SMALL MOTORS 53% LIST ACDELCO STARTERS/ALTERNATORS 53% LIST ACDELCO STEERING 53% LIST ACDELCO SUSPENSION 53% LIST ACDELCO THERMOSTATS & CAPS 53% LIST ACDELCO TRANSMISSION FILTERS 59% LIST ACDELCO VALVE LIFTERS 53%1 LIST ACDELCO WATER PUMPS 53% LIST ACDELCO WINDOW REGULATOR 53% LIST ACDELCO WIPER PRODUCTS 53% LIST ACDELCO WIRE & CABLE 53% LIST ANCO WIPER PRODUCTS 76% LIST BETTER BRAKE PARTS BRAKE HARDWARE 80% LIST CENTRIC BRAKE PARTS 71%1 LIST CHAMPION SPARK PLUGS 55% LIST CONTINENTAL BELTS&HOSES 63% LIST CRC CHEMICALS 50% LIST DELPHI DELPHI PRODUCTS 60% LIST DENSO DENSO PRODUCTS 65% LIST DORMAN DORMAN PRODUCTS 65% LIST EDELMANN BRAKE LINES ol IST FEDERAL MOGUL BEARINGS/SEALS 63% LIST FELPRO GASKETS 71% LIST FOX CHEMICALS 71% LIST FVP BELTS 71% LIST 25C-19 FVP CAP & THERMOSTAT 61% LIST FVP ALTERNATORS/STARTERS 67% LIST FVP BALLJOINTS 67% LIST FVP BATTERIES 71% LIST FVP BRAKE ROTORS/DRUMS 71% LIST FVP CONDENSERS 71% LIST FVP FILTERS 71% LIST FVP FUEL PUMPS 71% LIST FVP NEW WATER PUMPS 719/6 LIST FVP POWER STEERING 71% LIST FVP RADIATORS 71% LIST FVP U-JOINTS 71% LIST GPD AIR CONDITIONING 58% LIST GROTE LIGHTING 58% LIST IDEAL CLAMPS 71% LIST KIMBERLY CLARK PAPER PRODUCTS 71% LIST KYB SHOCKS & STRUTS 71% LIST LITTLEFUSE FUSES 51% LIST LUCAS OIL PRODUCTS 40%1 LIST MMM CHEMICALS 50%1 LIST MONROE SHOCKS & STRUTS 63% LIST MOOG SUSPENSION 69% LIST MOTORCRAFT AIRCONDITIONING 48% LIST MOTORCRAFT BATTERIES 48% LIST MOTORCRAFT BEARINGS 48% LIST MOTORCRAFT BELTS & HOSES 48% LIST MOTORCRAFT BRAKES 48%1 LIST MOTORCRAFT CHASSIS 48% LIST MOTORCRAFT CHEMICAL 38% LIST MOTORCRAFT EMISSION PARTS 48% LIST MOTORCRAFT FILTERS/PCV VALVES 48% LIST MOTORCRAFT FRONT WHEEL DRIVE 48% LIST MOTORCRAFT FUEL PUMPS 48% LIST MOTORCRAFT HUBS 48% LIST MOTORCRAFT IGNITION PARTS 48% LIST MOTORCRAFT MOTOR OIL 38% LIST MOTORCRAFT MOTORCRAFT REMANS 489, LIST MOTORCRAFT POWER STEERING 48% LIST MOTORCRAFT RADIATORS 38% LIST MOTORCRAFT REFRIGERANT 48416 LIST MOTORCRAFT SHOCKS & STRUTS 48% LIST MOTORCRAFT SPARK PLUGS 48% LIST MOTORCRAFT SPARK PLUGS 70% LIST MOTORCRAFT ISTARTERSALTERNATORS 48% LIST MOTORCRAFT ITHERMOSTATS & CAPS 48%1 LIST MOTORCRAFT IWATER PUMPS 1 48%1 LIST MOTORCRAFT IWIPER BLADES 1 38%1 LIST 25C-20 MOTORCRAFT WIRE & CABLE 48% LIST PENRAY CHEMICALS 62% LIST PERMATEX CHEMICALS 60% LIST SACHS CLUTCH 66% LIST SPLASH WIPER BLADES 71% LIST STANDARD IGNITION PARTS 71% LIST SUPERCLEAN CHEMICALS 60%1 LIST TEC CHEMICALS 68% LIST TROJAN BATTERIES 58% LIST WAGNER BRAKES 71% LIST WAGNER LIGHTING 71% LIST WIX FILTERS 62% JOBBER 25C-21 25C-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: APPROVE A PAYMENT AUTHORIZATION TO ULTIMATE POOL REMODELING, INC. FOR SWIMMING POOL RESURFACING AND REPAIRS AT SALGADO PARK POOL FOR INVOICE #25890 IN THE AMOUNT OF $28,800 AND INCREASE THE TOTAL PURCHASE ORDER AMOUNT TO $423,338.24 (STRATEGIC PLAN NO. 5,4) CLERK OF COUNCIL USE ONLY: •;• s ❑ As Recommended ❑ As Amended ❑ Ordinance on ls' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MAN GER RECOMMENDED ACTION Authorize a payment to Ultimate Pool Remodeling, Inc. for swimming pool resurfacing and repairs at Salgado Park pool for invoice #25890 in the amount of $28,800 and increase the total purchase order amount to $423,338.24, to be paid with park acquisition and development funds, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 5, 2019, the City Council awarded a one-time purchase and payment to Ultimate Pool Remodeling, Inc. for swimming pool resurfacing and repairs at Memorial Pool, Salgado Pool, and Santa Anita Pool in an amount not to exceed $365,998.24. In the course of completing the projects, additional repairs identified required two change orders totaling $20,140 (Exhibit 1 and 2) at Memorial Park pool and $8,400 at Santa Anita pool (Exhibit 3). These change orders were within the 10% approval authority of the City Manager. An additional change order (Exhibit 4) for $28,800 was required at Salgado pool. This amount requires approval of the City Council to authorize payment to the vendor. The contractor completed this work in order to have the pool operational in time for the public to use at the start of City's swim season. Therefore, the City is requesting authorization to pay $28,800 to Ultimate Pool Remodeling, Inc., which would bring the total purchase order amount to $423,338.24. 29A-1 Payment Authorization to Ultimate Pool Remodeling, Inc For Swimming Pool Resurfacing and Repairs at Salgado Park June 4, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT The funds for the requested payment authorization amount are budgeted and available in the following fiscal year and account listed below. Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 18-19 31113260- Acquisition and Residential Development District 1, $28,800 66220 Development Improvements Other Than Buildings TOTAL $28,800 Lisa`Rudloff Executive Director Parks, Recreation and Community Services Agency Exhibits: 1. Addendum Invoice #13765 2. Addendum Invoice #13740 3. Addendum Invoice #12182 4. Addendum Invoice #25890 APPROVED AS TO FUNDS AND ACCOUNT: Y Kathryn Dow s, CPA 49 Executive Director Finance and Management Services Agency 29A-2 EXHIBIT 1 ULr Ultimate Pool Remodeling 231 E Alessandro Blvd #A398 Riverside, Calif 92508 (Office) 951-686-1330 (Fax) 951-686-1337 ADDENDUM INVOICE 13765 04/25/2019 City of Santa Ana Memorial Pool Thank you for your business. Please make your 2102 S. Flower St check payable to: 'URimate Pool Remodeling' and Santa Ana, CA 92707 use your Job Number (310391) as the Reference Mobile: on your check. Addendum TransactionDetail �ilYililfL' Quartz - Addendum Amount $12,240.00 Quartz - Addendum Payments Addendum Description Waterstop foam 1020 feet injection In expansion joint. $12240 -$0.00 Quartz - Amount Due: $12,240.00 Customer agrees to pay the above amount. Customer Signature/Date Thank You, Ultimate Pool Remodeling Account Statement Draw Demo Addendums Quartz Quartz [=Nan-0os Is Completed Amount I Credits I Payments $7,900.00 $0.00 $12,240.00 $0.00 TOTALS: $167,187.59 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 29A-3 29A-4 EXHIBIT 2 UZ= T snto0 nva Ultimate Pool Remodeling 231 E Alessandro Blvd #A398 Riverside, Calif 92508 (Office) 951.686-133D (Fax) 951-686-1337 ADDENDUM INVOICE 13740 04/25/2019 City of Santa Ana Memorial Pool Thank you for your business. Please make your 2102 S. Flower St check payable to:'Ultimate Pool Remodeling' and Santa Ana, CA 92707 use your Jab Number (310391) as the Reference Mobile: on your check. AddendumSilt1L'it{IL' Quartz - Addendum Amount $7,900.00 Quartz - Addendum Payments .$0.00 Quartz -Amount Due: $7,900.00 Addendum Description Epoxy Inject 4 cracks on walls. 40 It Horizontal 15ft Horizontal 40 Horizontal 5 ft vertical Customer agrees to pay the above amount. Customer Signature/Date Thank You, Ultimate Pool Remodeling Account Statement Type I Phase Description I Completed Amount Credits Payments Draw Demo $147,047.59$000 $.00 Addendums Quartz a-Non-0ostable $7,900.00 $0.00 $0.00 TOTALS: $154,947.59 $0.00 $0.00 $0.00 $0.00 $0.00 29A-5 29A-6 EXHIBIT 3 V=f f Ultimate Pool Remodeling 231 E Alessandro Blvd #A398 IZverside, Calif 92508 (Office) 951-686-1330 (Fax) 951-686-1337 ADDENDUM INVOICE 12182 04/1012019 City of Santa Ana Santa Anita Pool Thank you for your business. Please make your 300 S. Figuerora St check payable to:'Uftimate Pool Remodeling' and Santa Ana, CA 92703 use your Job Number (310392) as the Reference Mobile: on your check. Addendum Transact• �iWL•iSYL Demo - Addendum Amount $8,400.00 Demo -Addendum Payments -$0.00 Demo - Amount Due: $8,400.00 Addendum Description Split 5 equalizer lines balance with SDX covers Split main drain line to code add second 24x24 drain cover Total$8400.00 Customer agrees to pay the above amount. Customer Signature/Date Thank You, U1Smate Pool Remodeling Account Statement �11111' '' �11 111=111 111=11 0=11 IMEMM Draw Demo $55,466.96 $0.00 $0.00 $0.00 Addendums Demo $8,400.00 $0.00 $0.00 $0.00 x.N.Co•'o"° TOTALS: $63,866.96 $0.00 $0.00 $0.00 29A-7 29A-8 EXHIBIT 4 uarinraaE JWL e Ultimate Pool Remodeling 231 E Alessandro Blvd #A398 Riverside, Calif 92508 (Office) 951-686-1330 (Fax) 951-686-1337 ADDENDUM INVOICE 25890 05/09/2019 City of Santa Ana Salgado Pool Thank you for your business. Please make your 706 N Newhope St check payable to: 'Ultimate Pool Remodeling' and Santa Ana, CA 92703 use your Job Number (310388) as the Reference Mobile: on your check. Addendum . Detail Quartz - Addendum Amount $28,800.00 Quartz - Addendum Payments .$0.00 Quartz- Amount Due: $28,800.00 Addendum Descrintion Replace 6 Skimmers $16,800 Split 6 suction lines $7200 Pressure Test Plumbing $1800 Repair Light main line 150 ft conduit incased in cement $3000 Change deck drain configuration 4 Inch pipe. Existing brick border level has moved over time Customer agrees to pay the above amount. Customer Signature/Date Thank You, Ultimate Pool Remodeling Account Statement Draw Demo 05/0112019 $156,800.09 $0.00 $0.00 $156,800.09 Addendums Quartz $0.00 $0.00 $0.00 $0.00 Quartz $28,800.00 $0.00 $0.00 $0.00 "s°"'OO t.bl. TOTAL& $185,600.09 $0.00 $0.00 $156,800.09 29A-9 29A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: QUITCLAIM OF STORM DRAIN EASEMENT IN 317 E 17TH STREET, APN 003-163-48 (STRATEGIC PLAN NOS. 3, 2; 5,3) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a quitclaim deed relinquishing the City's interest in a drainage easement at 317 East 17th Street to AQUA HOUSING LP, a California limited partnership, subject to non -substantive changes by the City Manager and City Attorney. DISCUSSION On June 20, 2017, Council approved a general plan amendment, a specific development, and other actions to allow a 57-unit multi -family permanent supportive housing development at 317 East 17th Street. The City owns an obsolete five -foot -wide drainage easement within the property (Exhibit 1). To accommodate the project, the property owner, AQUA HOUSING LP, a California limited partnership, wishes to remove the easement so that property title is clear, and new development may occur. The applicant is requesting the City quitclaim the easement, which effectively relinquishes the City's rights over the private property to allow for the housing development to proceed. Generally, easements provide access or right of entry for specified purposes. In this case, an easement was granted to the City in 1926 so that the City could access private property for drainage maintenance purposes. The five -foot -wide easement, about 120 feet in length, was granted as part of a proposed private drainage facility, which no longer exists. The general surrounding area has since then been developed, and area drainage has been accommodated via public improvements adjacent to the 1-5 Freeway within the State of California right-of-way. Therefore, the City has no present nor prospective use for the subject easement. The City received an opinion of value for the easement to be quitclaimed of $2,700. The site is on a 0.89 acre lot, and the development will be required to provide for its drainage needs. The Public Works Agency has approved a standard drainage and grading plan as part of the proposed site plans. 30A-1 Quitclaim of Storm Drain Easement, 317 E. 17th Street June 4, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT Proceeds in the amount of $2,700 from the quitclaim of the easement at 317 East 17th Street will be received into the Local Drainage Area II account (No. 22217002-50500). APPROVED AS TO FUNDS AND ACCOUNTS: Fuad S. Sweiss, Kathryn Dowrfs, CPA Executive Director Executive Director Public Works Agency Finance and Management Services Agency Exhibits: 1. Map 2. Quitclaim Deed 30A-2 30A-3 30A-4 EXHIBIT 2 When recorded, please mail this Instrument to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by The City of Santa Ana per Government Code Section 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE Canwl Appowd ASTO Approved By Description DesctlpUon A.P. Number RN Map Number Project Taxes Form BY AUy. Director written BY Checkedo0 1 Number L.C. E.E. 003.153-48 NE 137 QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California Does Hereby Remise, Release, and Forever Quitclaim to: AQUA HOUSING LP, a California limited partnership ALL RIGHTS, TITLE AND INTEREST in and to the real property in the City of Santa Ana, County of Orange, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof, and as shown on Exhibit "B", attached hereto and incorporated herein. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certficate is attached, and not the truthfulness, accuracy, or validity of that document. Dated: } STATE OF CALIFORNIA }SS. COUNTY OF ) before me, personally appeared For: The City of Santa Ana 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/sheithey 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 entity upon which the person(s) acted, executed the instrument. By: Kristine Ridge City Manager, City of Santa Ana By: Norma Mitre -Ramirez Acting Clerk of the Council 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. (This area for official notarial seal) Deed No. 8707 0 0 rn a m m an 30A-5 EXHIBIT QUITCLAIM OF PORTION OF PUBLIC UTILITY EASEMENT LEGAL DESCRIPTION A STRIP OF LAND, 5.00' IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF EAST SEVENTEENTH STREET AND THE NORTHERLY EXTENDED EAST LINE OF FRENCH STREET; THENCE BEARING N 00°42'02" E 170 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 00°42'02" E A DISTANCE OF 80 FEET, THENCE N 15°48'00° W A DISTANCE OF 45.00' MORE OF LESS, TO THE SOUTHWESTERLY BOUNDARY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY S RIGHT OF WAY. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT THE SOUTHWESTERLY BOUNDARY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANYS RIGHT OF WAY. CONTAINING:622 SQUARE FEET, MORE OR LESS. 04/29/19 NOTE: AS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART THEREOF. 10edelman JWPROJECT NAME: AQUA SHEET irvine, w 92618 I p 949.660.9128VW JOB NO.: IRV18-4013 DATE: 04/29/2019 waremalwmb.mm �MALCO� 1 OF 1 DRAWN: LC PA/PM: LC SCALE: 1" = 80' CIVIL ENGINEERING 8. SURVEYING 30A-6 EXHIBIT B MAP TO ACCOMPANY LEGAL DESCRIPTION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA QUITCLAIM OF PORTION OF PUBLIC UTILITY EASEMENT PARCEL 1 \ BASIS OF BEARINGS: THE CENTERLINE OF E. \ 1 STREET AS PER 20 RECORD OF SURVEY NO. 2007-1026 RSB 220 / 32.43 BEING N 88037'46" W. NOTE: N88037'46'W THIS EXHIBIT DOES NOT REPRESENT A 33.00' MONUMENTED SURVEY. T IS INTENDED ONLY \ TO DEPICT THE ATTACHED DESCRIPTION, EXHIBIT "A", AND BY THIS REFERENCE MADE A PART THEREOF. 9 V20 T 7 WPARCEL4cp a6 N15°48'00"W 9� z 45' NO°42-02"E \ 80' \ T.P.O.B. N8803��a5�o`A DCR7F`o I 5000'7'46 W VQ5 O P �� EASEMENT No. 9073 �j N88°37' 6"W 98.17' \ AREA 0 n o \ sT9lF OF CAUE���\P I I I o 04/29/19 z Z Lu \ N N8803T46 W 8.00' z N N 880 37' 46" W E. 17TH STREET OL40 so �I z L i P.O.B. LL — — — — $ — — SCALE: 1" = 30' 30 ORIGINAL GRAPHIC SCALE 10edelman XAM PROJECT NAME: AQUA SHEET irvine, ra 82616 p 949.660.9128 JOB NO.: IRV18-4013 DATE: 04/29/2019 w mmalwmb.wm �$�0� 1 OF 1 DRAWN: LC PA/PM: LC SCALE: 1" = 80' CIVIL ENGINEERING & SURVEYING 30A-7 30A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE ADOPT A RESOLUTION AFFIRMING CIRCULATION ELEMENT CONSISTENCY WITH THE COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS AND CONCURRENCE WITH MITIGATION FEE PROGRAM TO MAINTAIN FUTURE MEASURE M2 FUNDING ELIGIBILITY EXCEEDING $5 MILLION IN FY 2019-20 (STRATEGIC PLAN NO. 6, 1A, B, F, G) f RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution affirming consistency between the City's Circulation Element and the Orange County Master Plan of Arterial Highways, and concurrence with the existing Transportation System Improvement Area fee program, both of which are necessary to maintain Orange County Transportation Authority Measure M2 Program eligibility funding, estimated to exceed $5 million for Fiscal Year 2019-20. In November 1990, Orange County voters approved Measure M, a one -half -cent sales tax increase for 20 years, to fund transportation projects in Orange County. Sixteen years later, in November 2006, the voters again approved a renewal of Measure M, referred to as M2, for an additional thirty years. M2 became effective in April 2011, and the net revenues generated by M2 contribute to two types of funding: Local Fair Share (LFS) and Competitive. All Orange County cities are eligible for LFS funding which is distributed on a formula -based allocation determined by population, number of existing Master Plan of Arterial Highways (MPAH) centerline miles, and taxable sales. However, the competitive component of the M2 funding requires cities compete by nominating eligible improvements, resulting in worthy projects successfully receiving grant funds. In addition, fulfilling M2 eligibility requirements allows cities to also qualify for other regional, competitive M2 grant funding opportunities. To maintain M2 eligibility for Fiscal Year 2019-20, the City must adopt a resolution (Exhibit 1) prior to June 30 of every year informing OCTA that the City's Circulation Element is in conformance with the MPAH and every odd -numbered calendar year, the City's resolution must reaffirm the City has an existing mitigation fee program. 55A-1 Resolution Affirming Consistency of Circulation Element and Mitigation Fee Program June 4, 2019 Page 2 City staff has reviewed and updated the City's street classification system to ensure traffic mobility and traffic safety are in alignment with City goals and have coordinated those changes with OCTA. The resolution also attests that the City's adopted General Plan Circulation Element is consistent with the MPAH, does not preclude implementation of the MPAH within Santa Ana, and that no unilateral reduction in through lanes has been made on MPAH arterials during Fiscal Years 17-18 and 18-19. The resolution also reaffirms the City's concurrence with its existing and previously adopted Transportation System Improvement Area Fees which mitigate the effects of new development on transportation infrastructure by requiring new development pay their fair share of necessary transportation improvements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy A (Develop a complete inventory of all assets to determine the scope of improvements needed to sustain the City's current infrastructure investment); Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users); Strategy F (Perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair and/or replacement costs in future budgets); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There are no fiscal impacts at this time. The recommended actions satisfy certain OCTA M2 eligibility requirements. The City is anticipated to remain eligible for $5,014,808 in LFS funds (as of February 2019 estimate) and eligible for M2 competitive funds for FY 2019-20, which in recent years has averaged $20 million in combined annual revenue from M2 LFS and competitive fund allocations. "h Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSSMEG/JG/HG Exhibit: 1. Resolution 55A-2 Exhibit 1 jmf 6/10/19 RESOLUTION NO.2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM WHEREAS, the City of Santa Ana desires to maintain and improve the streets within its jurisdiction, including those arterials contained in the Master Plan of Arterial Highways (MPAH); and WHEREAS, the City of Santa Ana had endorsed a definition of and process for, determining consistency of the City's Traffic Circulation Plan with the MPAH; and WHEREAS, the City has adopted a General Plan Circulation Element which does not preclude implementation of the MPAH within its jurisdiction; and WHEREAS, the City is required to adopt a resolution biennially informing the Orange County Transportation Authority (OCTA) that the City s Circulation Element is in conformance with the MPAH and whether any changes to any arterial highways of said Circulation Element have been adopted by the City during Fiscal Years (FY) 2017-18 and FY 2018-19; and WHEREAS, the City is required to send biennially to the OCTA all recommended changes to the City Circulation Element and the MPAH for the purposes of re -qualifying for participation in the Comprehensive Transportation Funding Programs; and WHEREAS, the City is required to adopt a resolution biennially certifying that the City has an existing Mitigation Fee Program that assesses traffic impacts of new development and requires new development to pay a fair share of necessary transportation improvements attributable to the new development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The arterial highway portion of the City Circulation Element of the City is in conformance with the MPAH. Section 2. The City attests that no unilateral reduction in through lanes has been made on any MPAH arterials during FY 2017-18 and FY 2018-19. Section 3. The City reaffirms that the City Council concurs with the existing Mitigation Fee Program. Resolution No. 2019•X00X Page 1 of 2 EXHIBIT 1 55A-3 jmf 5/10/19 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: JUhn M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2019. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, Resolution No. 2019-_ to be the original City of Santa Ana on Date: do hereby attest to and certify the attached resolution adopted by the City Council of the .2019. Acting Clerk of the Council City of Santa Ana Resolution No. 2019-XXX Page 2 of 2 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: AFFIRM APPOINTMENTS TO THE SANTA ANA 2018 MEASURE X CITIZEN OVERSIGHT COMMITTEE AND ADOPT A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 2019-008 REGARDING MEMBER SELECTION TO THE MEASURE X CITIZEN OVERSIGHT COMMITTEE (STRATEGIC PLAN NO. 7,2) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY M NAGER RECOMMENDED ACTION Affirm appointments of two Committee Members that were not residents of the wards which they were appointed to represent; and 2. Adopt Resolution Amending Resolution No. 2019-008 regarding the Santa Ana 2018 Measure X Citizen Oversight Committee and its Bylaws. DISCUSSION On November 6, 2018, the City's voters approved Measure X (Santa Ana Neighborhood Safety, Homeless Prevention, and Essential City Services Enhancement Measure) to increase the City's sales tax rate by 1.5 cents. Measure X established Santa Ana Municipal Code Section 35-214, which requires the City Council to establish a Citizen Oversight Committee (Committee) to serve as an advisory role by resolution. On February 5, 2019, Council adopted Resolution No. 2019-008 establishing the bylaws and Committee's composition. Section 2 of the Resolution provided that Committee Members shall be residents from the ward the City Councilmember represents. However, the Resolution did not provide for any exceptions similar to the exceptions provided for appointments to other Commissions. On May 21, 2019, the Council appointed five Santa Ana residents to the Oversight Committee. Two of the appointments were residents of wards residing outside of the respective Council Members' ward. Staff is asking the City Council to affirm the appointments of the two individuals, acknowledging that these individuals are not residents of the wards that they were appointed to represent. 55B-1 Affirm Appointments and Adopt A Resolution Amending and Restating Resolution No. 2019-008 June 4, 2019 Page 2 Due to the shortage of applications submitted for certain wards or a desire to provide more diverse representation, including representation of the business community, staff is recommending council to amend Resolution No. 2019-008 allowing for appointment of a representative who is a resident of the City. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #2 (Establish communication plans to engage and inform employees and the community about City activities). FISCAL IMPACT There is no fiscal impacft associated with this item. o�s�u Norma Mitre Acting Clerk of the Council Exhibit: 1. Resolution 55B-2 EXHIBIT 1 RESOLUTION NO.2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND RESTATING RESOLUTION NO. 2019-008 REGARDING THE TRANSACTIONS AND USE TAX MEASURE X CITIZEN OVERSIGHT COMMITTEE Be IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of the City of Santa Ana conclusively finds, determines and declares as follows: WHEREAS, on November 6, 2018, the voters of the City of Santa Ana approved Measure X (Santa Ana Neighborhood Safety, Homeless Prevention, and Essential City Services Enhancement Measure). WHEREAS, Measure X established Santa Ana Municipal Code Section 35-214; which includes a requirement for the City Council to adopt a resolution to establish a citizen oversight committee to act in an advisory role to the City Council in reviewing the annual revenue and expenditures of funds from the tax authorized by Measure X; and the committee members' terms, qualifications and duties, and the committee's scope of authority. WHEREAS, on January 15, 2019, the City Council directed staff to prepare a resolution based upon staff recommendation establishing the citizen oversight committee and its bylaws. WHEREAS, on February 5, 2019, the City Council adopted Resolution No. 2019- 008 Approving the Establishment of and Bylaws for the Transactions and Use Tax Measure X Citizen Oversight Committee. WHEREAS, the City Council desires to amend the bylaws and restate Resolution No. 2019-008 to allow that Committee Members be residents of the City instead of residents from the ward of the City Councilmember who appoints them. NOW, THEREFORE, it is hereby ORDERED, RESOLVED and DETERMINED, as follows: Section 2. Establishment of Committee. Member Qualifications and Selection, and Member Terms. A. The Transaction and Use Tax Measure X Citizen Oversight Committee ("Committee") shall be established. The name of the Committee shall be the SANTA ANA 2018 MEASURE X CITIZEN OVERSIGHT COMMITTEE. The Committee shall be 55B-3 comprised of 7 members. All Committee Members must be residents of the City of Santa Ana. B. Each of the City Council Members shall select one Committee Member, who shall be a resident of the City of Santa Ana. The Mayor shall select one Committee Member at large, who must have financial expertise. Financial expertise is defined as minimum education equal to a four-year accredited college or university degree in Finance, Accounting, Economics or a related finance subject major, with two -year's minimum related working experience in the private or governmental sector. All selections put forth for appointment shall be ratified by a majority of the City Council during a regular City Council meeting. C. Each Committee member shall have a term that coincides with the City Council Member who appointed the Committee Member. D. Residents who desire to serve on the Committee must submit an application with the Clerk of the Council, pursuant to a process established by the Clerk. The Clerk of the Council shall furnish completed applications to the City Council Members and Mayor for consideration. E. Committee members are volunteers, and are not paid compensation by the City for serving on the Committee. Section 3. Meetings. A. The Committee shall be subject to California open meetings law, which is the Ralph M. Brown Act (California Government Code Section 54950 et seq.). B. Four members shall constitute a quorum for meetings. C. The Committee shall self -elect a Chair to preside over meetings, authorize calls for any special meetings subject to the availability of Finance and Management Services Agency staff, execute the Committee's annual report, and attend the City Council meeting where the Committee's annual report is presented. The Committee shall also self -elect a Vice -Chair to serve in the absence of the Chair. D. In the absence of both the Chair and Vice -Chair, the Committee shall, as the first order of business, nominate a member to Chair the meeting. E. The Executive Director of Finance and Management Services shall appoint an employee to serve as the Recording Secretary of the Committee, who shall take minutes, issue notice of all regular and special meetings, and perform other duties associated with the role. 55B-4 F. The current edition of Robert's Rules of Order shall be the authority on all questions of parliamentary procedure, unless in conflict with the Santa Ana Municipal Code or state law. G. Regular meetings shall be held quarterly, on the second Wednesdays of March, June, September, and December; which are the months immediately following the availability and analysis of quarter -end sales tax data. Meetings will generally be held at 6:00 pm in a publicly -available room at City Hall, which shall be listed on each meeting agenda publicly posted prior to the meeting in accordance with state law. Additional meetings shall be scheduled as needed, or by direction of City Council. Section 4. Committee Member Orientation. Committee Members shall receive an orientation including overviews of the following topics: compliance with the Brown Act; this establishing resolution and any subsequent amending resolutions; sales, transactions and use tax law and processes; and the City's budget and financial position. Section 5. Committee Support. A. The Finance and Management Services Agency shall supply the staff support for the Committee, including attendance at meetings, and preparation of the agenda and meeting presentations. B. The City Council shall appropriate a small annual budget sufficient for administrative support such as photocopying, minute -taking, and an annual presentation from the City's sales tax consultant. Section 6. Duties. A. Pursuant to Santa Ana Municipal Code Section 35-214, the Committee shall act in an advisory role to the City Council. B. The Committee shall review summaries of quarterly and year-to-date revenue generated by Measure X, as detailed sales tax data for each business is confidential pursuant to state law. C. The Committee shall review budgeted and actual expenditures appropriated from the Measure X revenue source. D. During its December meeting, the Committee shall receive annual presentations from the City's sales and use tax consultant and the City's independent financial statement auditor. E. During its March meeting, the Committee shall prepare an annual report to City Council, including recommendations, in time for City Council consideration during the budget process for the upcoming fiscal year. 55B-5 Section 7. Committee Member Absences. If a Committee Member is absent from two consecutive regular meetings, unless by permission of the Committee expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified Committee Member, the seat shall become vacant and shall be so declared by the City Council. A notification of non-attendance to the Recording Secretary by either email or phone call may be deemed as an "excused absence' after consideration and vote of a majority of the Committee. Failure to give notification of non- attendance shall be deemed an unexcused absence. Section 8. Amendment of Bylaws. The bylaws included herein can only be amended by resolution of the City Council. Section 9. The amended and restated bylaws for the Santa Ana 2018 Measure X Citizen Oversight Committee, as described herein, are approved. Section 10. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 01 day of June, 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: k Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor 55B-6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre -Ramirez, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019- to be the original resolution adopted by the City Council of the City of Santa Ana on June 4, 2019. Date: Acting Clerk of the Council City of Santa Ana 55B-7 55B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: ADOPT RESOLUTION TO JOIN THE ORANGE COUNTY HOUSING FINANCE TRUST AND APPROVE JOINT POWERS AGREEMENT (NOT TO EXCEED $25,000 ANNUALLY) (STRATEGIC PLAN NO. 5, 3C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1u Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the City's participation in the Orange County Housing Finance Trust, and an annual contribution amount for administrative cost not to exceed $25,000 starting in Fiscal Year 2020-21 with future adjustments pursuant to the Consumer Price Index, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute the Joint Powers Agreement which implements the Orange County Housing Finance Trust, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Orange County Housing Finance Trust (OCHFT) is a Joint Powers Authority (JPA) that shares — among city members and the County of Orange — the ability to secure and allocate funding for affordable housing projects and programs, more specifically as it relates to housing that addresses persons formerly homeless. The Trust emphasizes funding for "supportive housing," which is housing for persons that may require additional on -site or other local services to remain in housing. These services may include social services, mental health services, health care, counseling, and life and budget planning. Specifically, as the Orange County region's housing prices have risen and the quantity of units have not kept up with demand, Orange County's cities have seen an increase in persons experiencing homelessness. The Orange County Housing Finance Trust was meant to increase funding available to a portion of the housing solutions to address homelessness — the part at the end of the housing continuum, where a homeless person has been stabilized enough to live in 55C-1 Adoption of Resolution to Join the Orange County Housing Finance Trust June 4, 2019 Page 2 his or her own apartment (or with others) but requires some onsite services to do so ("supportive housing"). Please see Exhibits 2, 4 and 5 for more detailed background about homelessness in Orange County, AB 448, supportive housing, how housing projects are funded, and the Orange County Housing Finance Trust. The areas delineated by Service Planning Areas (SPAs) are shown in Exhibit 5. If adopted by the City Council, the resolution (Exhibit 1) will allow the City to participate in the Orange County Housing Finance Trust. That means that the City would agree to share the power of providing for funding for housing, especially supportive housing, with other members of the Joint Powers Agreement. Recent actions by the voters and at the State level to provide more funding for housing has led to several billions of dollars becoming available for eligible efforts and projects. The Trust is envisioned to provide a stronger voice for the Orange County region to secure the region's share of State funds and other funds (including private grants) to help create longer - term housing for persons formerly homeless. Public funds include Proposition 1 funds, SB 2 funds, Community Development Block Grant funds, and more. As initially envisioned, supportive housing developers would go hand -in -hand with a supportive City to the Trust's governing board to apply for a portion of the Trust's funds to complete their project and to fill part of a funding gap. The Trust is not envisioned to build projects itself, to own projects, to manage projects, or to place projects in cities which did not apply for them. The Trust also cannot require member cities to take a share of any allocation of supportive housing units, nor to come to the table with funds to allocate. The Trust governing board would determine whether a project application is worthy of funding from the Trust. The Joint Powers Agreement (JPA) sets forth the powers, generally to fund affordable and supportive housing projects, which the member cities and County would share. It sets forth the Governing Board as follows: • Four representatives from the County of Orange, all elected officials (including two members of the Board of Supervisors) and placed on the Trust Governing Board by the Orange County Board of Supervisors. • Five representatives from cities, as follows: • One City Councilmember for the city member with the greatest population in the North Service Planning Area (see Exhibit 5 for the SPA map). • One City Councilmember for the city member with the greatest population in the Central SPA, (City of Santa Ana). • One City Councilmember for the city member with the greatest population in the South SPA. • Two City Councilmember who are each selected from member cities, which are not already represented on the Board of Directors (note: in the Trust's proposed bylaws, these two city representatives are reserved as follows: one for a medium-sized city [60,000 to 95,000) and one for a small city [up to 60,000 in population]). • An ex officio advisory board to the Governing Board is envisioned, including 55C-2 Adoption of Resolution to Join the Orange County Housing Finance Trust June 4, 2019 Page 3 representation from city managers, housing authorities, the County CEO, law enforcement, and the public. The selection of the city representatives shall be made by the City Selection Committee. Cities who are members of the Trust are eligible to be members of the Board. Any Orange County city is eligible to be a member of the Trust. In addition to the above regarding the Governing Board, the JPA document expresses that (among other things): • The Trust can have staff level assistance, but such assistance shall come from contractors; • Members of the Trust can leave at any time; • Members of the Trust cannot have, as a condition of membership, a requirement to provide any number of housing units; • The Trust shall have an annual report to maximize transparency; and • The Trust cannot issue debt. If at a later date the Trust governing board wishes to pursue debt, a recirculation and amendment of the JPA document is required. The governing board reflects a compromise between the County and the city officials that negotiated this early iteration of the Trust. The County argued that it was entitled to near equal representation on the Board, given that the County provides such a significant percentage of funding. The city officials argued that cities are the likely sites for the new housing, and therefore cities should have more seats. The negotiators discussed the overall size of the Governing Board — talking about seven, nine, eleven, and even thirteen members. In the end, the nine -member Board (with a 5-4 City -County split) was agreed to. The nine member Board means that many cities who are Trust members will not have a seat on the Governing Board. All parties are intended to have a seat at the table in terms of discussions, debates, and project by project reviews. Draft Bylaws. From November to December 2018, a Working Group of Orange County local elected officials and staff worked to develop draft bylaws (along with Vision and Mission Statements) that the Trust Board would consider adopting. These are included as Exhibit 3. The draft bylaws, among other things, set forth more specificity as to the Governing Board (in terms of population), meeting requirements, a conflict of interest section, and more. The Working Group included Supervisors Andrew Do and Shawn Nelson, city elected representatives Jennifer Fitzgerald (Fullerton), Wendy Bucknum (Mission Viejo), Barbara Delgleize (Huntington Beach), Fred Whitaker (Orange), and city management representatives Kristine Ridge (Santa Ana), Lori Ann Farrell (Huntington Beach), Laurie Murray (La Palma), and retired city managers Allan Roeder and Dave Kiff. County representatives included CEO Frank Kim, Director of Care Coordination Susan Price, and Orange County Housing Authority Executive Director Julia Bidwell. Draft bylaws may differ slightly from the language in the JPA (especially in regards to the 55C-3 Adoption of Resolution to Join the Orange County Housing Finance Trust June 4, 2019 Page 4 definitions of city size) if the JPA Governing Board decides to adjust the population numbers shown with some specificity in the Draft Bylaws. Changing the bylaws is simpler than changing the JPA document, as the latter requires a full recirculation and new approvals by every Trust member agency. What are the advantages and disadvantages of joining the Trust? Supporters would argue that Trust member cities can participate in the region's solutions to homelessness, without any commitment of units or allocations of that city's funding for Trust projects (though there may be a commitment to help support any staff costs for the Trust after the start-up year). Participating in the Trust helps a city without an active housing function participate (voluntarily) in providing more funding for housing in their communities and region — without necessarily having to compete against more qualified or experienced applicants. Opponents of the Trust argue that the participation in any JPA comes with additional staff time commitment and possibly the additional commitment of elected officials, and that some cities will feel more comfortable seeking funding for housing projects on their own, using their own expertise. Further, in the event that Trust administrative costs are not covered by grant and other funds (as is the intent and goal), members of the JPA may be asked to cover all or a portion of administrative costs on a pro-rata basis. In regards to this pro-rata basis after Year 1, the highest cost estimate of contributions by the City is $24,306. In order to ensure that the City's contribution would never exceed this amount, the Resolution states that the our City's contribution towards staffing for the Trust must be less than or equal to $25,000 annually (adjusted by CPI). If this amount was ever to be higher, staff _would need to return to City Council to amend the Resolution. Please see Exhibit 4 for more detailed information on this pro-rata share. In addition, the Resolution encourages the Trust Governing Board to use every effort to minimize and offset the Trust's administrative costs, including by using contracted staff, partnerships with other like-minded entities for an office site or other administration functions, and by actively seeking bond or other non -General Fund sources to offset these administrative costs; and the Resolution directs City staff to report back to the Council within one year with a determination of whether the Trust has appropriately minimized its administrative costs in the manner suggested by this Resolution. Isn't there another Orange County Housing Trust? Yes. The Orange County Housing Trust (OCHT) is an existing but older Trust that was recently re -energized by the Orange County Business Council (OCBC). The OCHT is governed by private sector individuals, and primarily intended to receive private donations. The OC Housing Finance Trust, alternatively, is oriented towards public dollars but can accept private donations, too. Because AB 448 directed that all governing board members of the OC Housing Finance Trust be elected officials, some in the private sector saw that as a downside, and wanted to focus on their own Trust vehicle. OCBC representatives have said that the two trusts will and should work together closely to fund projects. 55C-4 Adoption of Resolution to Join the Orange County Housing Finance Trust June 4, 2019 Page 5 If the City joins the JPA and the Trust, what are the next steps? The County of Orange has taken the first step to become a member of the Trust by Board action on March 12, 2019. As additional cities join, the City Selection Committee will appoint the City representatives to the Trust's governing board. As of May 20, 2019, the following cities have joined the Trust: Garden Grove Orange Costa Mesa Buena Park Newport Beach Mission Viejo Tustin Laguna Niguel Fountain Valley Anaheim Fullerton San Juan Capistrano Once the Governing Board is named, an initial meeting of the Governing Board — to which any Trust member is invited, as will members of the public — to direct the start of operations. The County of Orange has pledged that County staff will assist in staffing the Trust for the first year of the Trust's operations. Our city, if it joins, would participate in the initial meeting(s) where staffing, budget, and State bond and other funding approachs would be developed. It is envisioned that the first applications for project funding may come before the Trust in the Fall of 2019. In conclusion, staff recommends that the City Council adopt the attached resolution authorizing the Mayor to execute the Joint Powers Agreement, and therefore becoming a member of the Orange County Housing Finance Trust. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective # 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy C (Provide that Santa Ana residents, employees, artists and veterans receive priority for affordable housing created under the City's Housing Opportunity Ordinance or with City funding to the extent allowed under state law). FISCAL IMPACT There is no fiscal impact associated with this item in the current FY 2018-19. There will also be no budgetary impact in FY 2019-20, the first full year of the Trust operations, as the County of Orange will provide funds for the Trust's staffing costs during the first year. The Trust Board may eventually ask for City pro-rata support of any administrative activities should the State, County, or other funds not appropriately cover these expenses. 55C-5 Adoption of Resolution to Join the Orange County Housing Finance Trust June 4, 2019 Page 6 Administrative costs for Santa Ana in FY 2020-21 are not expected to exceed $25,000, and the costs would be proposed in the FY 2020-21 annual budget, subject to City Council's approval and adoption of the budget. Additionally, as the Trust becomes operational, there is a likelihood that City -supported affordable housing projects could receive funding from the Trust. Those funds, if any, will be awarded directly to the project developers from the Trust. -25�, A, A— Steven A. Mendoza Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn DowKs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Resolution Relating to Participation in the Orange County Housing Finance Trust and its implementing Joint Powers Agreement (JPA) 2. Text of AB 448 (Daly, 2018) 3. Draft Bylaws to be considered by the Trust Governing Board 4. More information about homelessness, housing, and the Housing Finance Trust 5. Service Planning Areas Map 55C-6 EXHIBIT 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RELATING TO THE JOINT EXERCISE OF POWERS FOR AND MEMBERSHIP IN THE ORANGE COUNTY HOUSING FINANCE TRUST Whereas, homelessness in the Orange County region has increased over time to at least 4,500 people as of the 2017 Point in Time Count; and Whereas, homelessness locally is a result of various causes that can include a lack of affordable and supportive housing units, the high cost of workforce housing, a shortage of jobs that result in wages that pay for local rents, mental illness and substance use, the high cost of land and housing development, and more; and Whereas, as homelessness increases, it causes crises that can be humanitarian, financial and from a community safety perspective, as Orange County residents and others without adequate shelter reside in and on communities' public facilities, including streets, parks, sidewalks, transit centers, riverbeds and storm channels, restrooms, libraries, and more; and Whereas, the costs of homelessness on our community resources and facilities are estimated in a 2017 study (based on 2014-15 dollars) done by United Way of Orange County and the University of California, Irvine, to be in the range of $300 million per year, and likely growing; and Whereas, families, children, the aged, our veterans, and persons with mental illness and other disabilities are all subject to homelessness depending on their individual circumstances, and all are worthy of our community's respect and care; and Whereas, the provision of adequate housing for persons formerly homeless can include a range of housing types, from emergency and bridge shelters to transitional housing to rapid rehousing to supportive housing to affordable housing; and Whereas, in Orange County, there appears to be a shortfall of beds and units in each housing category, making the goal of ending homelessness in our region extremely difficult to attain without adding more housing units; and Whereas, the concept of adding to the supply of supportive housing — supportive housing meaning where a person who may have formerly been homeless is able to secure and maintain his or her housing provided that services are provided to the individual to help them stay successfully in housing — is deemed to be beneficial to solving especially the needs of the chronically homeless; and Whereas, in 2018, Orange County leaders worked to develop and secure legislation that created a joint powers mechanism that would share the power of securing funding for various types of housing that can address our homelessness crisis, with a focus on developing more supportive housing units; and 55C-7 EXHIBIT 1 Whereas, this legislation (AB 448) allowed for the creation of the Orange County Housing Finance Trust (Trust), a Trust established to secure both public and private dollars and to ensure that Orange County as a region attains its share of State resources approved by California residents and the California Legislature to address housing and homelessness via the provision of more housing units, especially supportive housing; and Whereas, to join the Trust, cities in Orange County and the County of Orange may execute a Joint Powers Agreement that makes them a member of the Trust and describes the roles and responsibilities of the Trust, as well as its Governance structure; and Whereas, the City of Santa Ana desires to join the Orange County Housing Trust by authorizing the Mayor of Santa Ana to execute the Joint Powers Agreement that is attached hereto as an exhibit; now, therefore be it RESOLVED by the City Council of the City of Santa Ana that it hereby authorizes the City's membership in the Orange County Housing Finance Trust, as described by the attached Joint Powers Agreement (Exhibit 1); and be it also RESOLVED by the City Council of the City of Santa Ana that it hereby encourages the Trust Governing Board to use every effort to minimize and offset the Trust's administrative costs, including by using contracted staff, partnerships with other like-minded entities for an office site or other administration functions, and by actively seeking bond or other non -General Fund sources to offset these administrative costs; and be it also RESOLVED by the City Council of the City of Santa that our city's contribution towards staffing for the Trust must be less than or equal to $25,000 annually (adjusted by CPI); and be it also RESOLVED by the City Council of the City of Santa Ana that it hereby directs City staff to report back to the Council within one year with a determination of whether the Trust has appropriately minimized its administrative costs in the manner suggested by this Resolution; and be it also RESOLVED by the City Council of the City of Santa Ana that it authorizes the Mayor of Santa Ana to execute the Joint Powers Agreement on the City's behalf. 55C-8 EXHIBIT 1 ADOPTED this _ day of 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Rya . Hbbge Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor 55C-9 EXHIBIT 1 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2019. Date: Clerk of the Council City of Santa Ana 55C-10 EXHIBIT 1 Exhibit 1 JOINT EXERCISE OF POWERS AGREEMENT 55C-11 EXHIBIT 1 JOINT EXERCISE OF POWERS AGREEMENT THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is made this _ day of _ 2019 (the "Effective Date"), by and between the following public entities (collectively, the "Parties"): City of Santa Ana, and (collectively, the "Cities") and the COUNTY OF ORANGE (the "County"). RECITALS A. The Parties are responsible for the health and safety of the residents within their geographic boundaries. B. Each Party has the individual power to implement affordable housing projects and programs generated within its jurisdictional boundaries, as well as to create and issue development agreements for such activities. C. The parties find it in their mutual economic interest to address work force housing, affordable housing, and supportive housing issues on a regional level D. A countywide adequate supply of housing will provide social and economic benefits to residents and taxpayers of the parties. E. The Parties desire to act in the public interest to lessen the burden of government by reducing the need for each party to act individually, and to provide charitable support for affordable housing in Orange County. F. California Government Code section 6500 et seq. ("Joint Exercise of Powers Act" or "Act") permits two or more public agencies to create joint powers authorities for the purposes cited herein, and permits the agencies to exercise jointly any power that the public agencies could exercise separately, and further grants certain additional powers to such joint powers authorities. G. California Government Code section 6539.5 authorizes 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 ('OCHFT'), 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; and (2) receive public and private financing and funds. H. California Government Code section 6539.5 also authorizes the parties to a joint powers agreement, which is executed pursuant to its provisions, to grant OCHFT the power to authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by OCHFT. However, at this point in time, it is the consensus of the Parties to the Agreement not to grant OCHFT the power to authorize and issue bonds or other debt instruments. This Agreement may be amended in the future to grant OCHFT the power to issue bonds or other debt instruments. 55C-12 EXHIBIT 1 I. Local land -use decisions remain solely with each party. Nothing in this Agreement deprives any party of its sovereign powers with respect to land -use or transfers such powers to the joint powers authority. NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows: Section 1. Creation and Purpose. (a) Creation of OCHFT. Pursuant to the Joint Exercise of Powers Act, including Section 6539.5 of the Government Code, there is hereby created a public entity to be known as the "Orange County Housing Finance Trust." OCHFT shall be a public entity separate and apart from the Parties, and shall administer this Agreement. (b) Purpose. This Agreement is made pursuant to the Joint Powers Act for the purpose of creating OCFHT as a public entity separate from the Parties to: (i) exercise Common Powers with respect to providing funding for 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; and (ii) receive public and private financing and funds. The purpose of this Agreement shall be accomplished and common powers exercised in the manner set forth in the Agreement. Nothing contained in this Agreement shall preclude the Parties from establishing, maintaining or providing social programs or services to its residents as it deems proper and necessary. Section 2. Term and Termination. (a) Term. This Agreement shall become effective, and OCHFT shall come into existence, on the Effective Date, and this Agreement shall thereafter continue in full force and effect until terminated pursuant to subdivision (b) of this section. (b) Termination. This Agreement may be terminated by agreement of the Parties. Upon termination of this Agreement, OCHFT shall be dissolved and, after payment or provision for payment of all liabilities, the assets of OCHFT shall be distributed to the Parties in proportion to the contributions of each Party to OCHFT and the amounts paid by each Party in connection with OCHFT's activities. Section 3. Powers and Duties of OCHFT. (a) General Powers. OCHFT shall have all the powers common to the Parties to this Agreement necessary or convenient, specified or implied, to accomplish the purpose of this Agreement as set forth in Section 1, subject to the restrictions set forth in Section 3, subdivision (c) below. Said powers shall be exercised in the manner provided in the Joint Exercise of Powers Act and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon the Parties in the exercise of similar powers. (b) Specific Powers. Without limiting the generality of the powers conferred in subdivision (a) of this Section 3, OCHFT is hereby authorized, in its own name, to do all of the acts necessary or convenient to the accomplishment of the 55C-13 EXHIBIT 1 purposes of this Agreement and the full exercise of the powers conferred in subdivision (a) of this Section 3, including but not limited to the following: (1) to make and enter into contracts; (2) to contract for staff assistance; (3) to sue and be sued in its own name; (4) to apply for, accept, receive and disburse grants, loans and other aids from any agency of the United States of America or of the State of California; (5) to invest any money in the treasury pursuant to Section 6505.5 of the Joint Powers Act that is not required for the immediate necessities of OCHFT, as OCHFT determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code; (6) to apply for letters of credit or other forms of financial guarantees in order to enter into agreements in connection therewith; (7) to carry out all the provisions of this Agreement; (8) to purchase obligations of any Party; (9) to engage the services of private consultants to render professional and technical assistance and advice in carrying out the purposes of this Agreement; (10) to employ and compensate counsel including bond counsel, financial consultants, and other advisers determined appropriate by OCHFT in the accomplishment of the purposes of this Agreement; (11) to contract for engineering, construction, architectural, accounting, environmental, land use, or other services determined necessary or convenient by OCHFT in connection with the accomplishment of the purposes of this Agreement; (12) for the purposes of enforcing affordable housing covenants or holding security interests for loans, to take title to, and transfer, sell by installment sale or otherwise, lands, structures, real or personal property, rights, rights -of -way, franchises, easements, and other interests in real or personal property which OCHFT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement; (13) for the purposes of renting space for OCHFT to operate, to lease to, and to lease from, a Party or any other person or entity lands, structures, real or personal property, rights, rights -of -way, franchises, easements, and other interests in real or personal property which OCHFT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement; (14) to solicit charitable contributions from private sources; 55C-14 EXHIBIT 1 (15) to propose amendments to this Agreement, including amendments that would allow OCHFT to authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by OCHFT; and (16) to exercise any and all other powers as maybe provided for OCHFT in the Joint Powers Act or any other applicable law. (c) Limitation on Powers. Neither this Agreement nor section 6539.5 of the Government Code authorize OCHFT do any of the following: (1) regulate land use in Cities or in the unincorporated area of the County; (2) serve as an owner or operator of housing units; (3) levy, or advocate or incentivize the levying of, an exaction, including an impact fee, charge, dedication, reservation or tax assessment, as a condition for approval of a development project; (4) require or incentivize inclusionary zoning requirements; (5) require the Parties to this Agreement to dedicate or assign funding for any OCHFT obligations or programs; (6) approve a housing project or program that is not supported by the governing body of the jurisdiction (a City or the County) in which the project is proposed to be sited; or (7) require the Parties to this Agreement to accept or provide any number of housing units as a prerequisite to joining or remaining a member of OCHFT. Section 4. Members The members of OCHFT shall be the parties to this Agreement who have not withdrawn from OCHFT, and such other parties as may join OCHFT after execution of this Agreement. New members may join on the terms and conditions set forth in Section 10 hereof. Only the County of Orange and cities within the County of Orange may be a party to this Agreement and a member of OCHFT. Section 5. Board of Directors (a) Selection of Directors. OCHFT shall be governed by a Board of Directors consisting of nine Directors selected as follows: (1) Two members of the Board of Supervisors of the County of Orange selected by the Board of Supervisors. (2) 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. 55C-15 EXHIBIT 1 (3) One city council member for the city member with the greatest population in the North Region Service Planning Area as depicted in Exhibit A. (4) One city council member for the city member with the greatest population in the Central Region Service Planning Area as depicted in Exhibit A. (5) One city council member for the city member with the greatest population in the South Region Service Planning Area as depicted in Exhibit A. (6) Two city council members who are each selected from member cities, which are not already represented on the Board of Directors. The selection of these Directors shall be made by a City Selection Committee from votes cast on a one -city -one -vote basis by representatives of the city members that are not already represented pursuant to Section 5, subdivisions (a)(3), (a)(4) and (a)(5). (b) Board Powers. Subject to the limitations of this Agreement and the laws of the State of California, the powers of OCHFT shall be vested in and exercised by and its property controlled and its affairs conducted by the Board of Directors. (c) Advisory Board. In accordance with OCHFT's bylaws, the Board of Directors may convene an ex officio advisory board that may include a public member, city managers or assistant city managers, the County Executive Officer, a representative from law enforcement, and a representative from a housing authority. (d) Compensation. Members of the Board shall serve without compensation but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director. Any obligation to pay expenses pursuant to this paragraph shall be a charge against any unencumbered funds of OCHFT available for the purpose. (e) Meetings of the Board of Directors. (1) Call. Notice and Conduct of Meetings. All meetings of the Board of Directors, including without limitation, regular, adjourned regular, special meetings and adjourned special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act. (2) Regular Meetings. Regular meetings of the Board of Directors shall be held at such dates and times as the Board may fix by resolution from time to time. If any day so fixed for a regular meeting shall fall upon a legal holiday, then such regular meeting shall be held on the next succeeding business day at the same hour. No notice of any regular meeting of the Board of Directors need be given to the individual Directors. (3) Special Meetings. Special meetings of the Board of Directors shall be held whenever called by the Chairperson of the Board or by a majority of the Directors. (4) 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. Every act or 55C-16 EXHIBIT 1 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. (5) Minutes. The Board of Directors shall keep minutes of all regular, adjourned regular, and special meetings, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to the Parties. (6) Officers. The Board of Directors shall elect a chairperson and a vice chairperson from among its members at the first meeting held in each fiscal year. In the event that the chairperson or vice chairperson so elected ceases to be a Director, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors held after such vacancy occurs or at a special meeting called for that purpose. In the absence or inability of the chairperson to act, the vice chairperson shall act as chairperson. The chairperson, or in the chairperson's absence, the vice chairperson, shall preside at and conduct all Board of Director's meetings. (7) Rules and Regulations. The Board of Directors may adopt, from time to time, by resolution, such rules, regulations and bylaws for the conduct of its meetings and affairs as the Board determines is necessary or convenient. Section 6. Additional Officers and Employees (a) Officers and Contract Staff. (1) OCHFT may contract with a Party to this Agreement for officers and staff pursuant to Section 6, subdivision (d), or retain independent contractors, agents, or volunteers as the Board of Directors may deem necessary to carry out any of OCHFT's powers, upon such terms and conditions as the Board may require, including the retaining of professional and technical assistance, provided that adequate funds are available in OCHFT's budget and are appropriated by OCHFT therefore. (2) None of the officers, agents or staff, if any, directly contracted by OCHFT shall be deemed, by reason of their roles or duties or contracted status, to be employed by the Parties. (b) Treasurer and Auditor/Controller. Pursuant to Government Code Sections 6505.5 and 6505.8, the Board of Directors shall appoint an officer or employee of OCHFT, an officer or employee of a public agency that is a Party to this Agreement or a certified public accountant to hold the offices of treasurer and auditor for OCHFT. Such person or persons shall possess the powers of and shall perform the treasurer and auditor functions for OCHFT required by Sections 6505, 6505.5 and 6505.6 of the Government Code, including any subsequent amendments thereto. Pursuant to Government Code Section 6505.1, the auditor and treasurer shall have charge of certain property of OCHFT. The treasurer and auditor shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of OCHFT. The treasurer and auditor of OCHFT shall be required to file an official bond with the Board of Directors in an amount, which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the ri 55C-17 EXHIBIT 1 official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be an appropriate expense of OCHFT. (c) Attorney. The Board of Directors shall have the power to appoint one or more legal advisors to OCHFT who shall perform such duties as may be prescribed by the Board. The County Counsel of the County shall be OCHFT's counsel unless and until the Board of Directors appoints other counsel to serve such function. (d) Administrative Services and Reimbursement of Costs. (1) The Board of Directors may contract with a Party to this Agreement to provide necessary administrative services to OCHFT, including the services described in Section 6, subdivisions (a), (b) and (c). The amount charged by the Party to provide such services to OCHFT shall be fixed by agreement between the Board of Directors and the governing board of the Party providing such services. In the absence of an agreement on costs, the Party providing services to OCHFT under this Section 6 may charge OCHFT the amounts necessary to recover the direct and indirect costs of such services. (2) If OCHFT contracts with a Party to this Agreement to provide OCHFT with administrative services through persons who are employees and officers of the Party, then any retirement liabilities associated with that Party's employees and officers shall not constitute a liability of OCHFT or any other Party to this Agreement. This Section 6, subdivision (d)(2), shall not preclude a Party providing administrative services to OCHFT pursuant to a contract with OCHFT from accounting for such salary and benefit costs when negotiating the rates that the Party will charge OCHFT for providing such services. Section 7. Financial Provisions (a) Fiscal Year. The Fiscal Year of OCHFT shall, unless and until changed by the Board of Directors, commence on the 1st day of July of each year and shall end on the 30th day of June of the next succeeding year except that the initial Fiscal Year of OCHFT shall commence on the effective date of this Agreement and end on the immediately following 30th day of June. (b) Budget. (1) General Budget. Within one hundred and twenty days (120) after the first meeting of the Board of Directors, a general budget for the first fiscal year shall be adopted by the vote of a majority of all of the Directors. The budget shall distinguish between administrative costs (i.e., the cost of operating OCHFT) and Program costs (i.e., the financing of the programs funded or sponsored by OCHFT). Thereafter, at or prior to the last meeting of the Board of Directors for each fiscal year, a general budget shall be adopted for the ensuing fiscal year or years by a vote of at least a majority of all of the Directors of the Board. (2) Expenditures for the Approved Budget. The payment of all OCHFT obligations is limited to the amount of appropriations allowed in OCHFT's approved budget, except as it may be revised with the approval of a majority of all of the Directors of the Board of Directors. 7 55C-18 EXHIBIT 1 (c) Contributions by the Parties. (1) Administrative Cost Contributions. The County shall be responsible for OCHFT's administrative costs for one year following the creation of OCHFT. After this initial year, and in consideration of the mutual promises contained herein, the Parties agree that they shall make annual contributions towards the budgeted administrative costs of OCHFT in accordance with a cost allocation formula to be approved by the Board of Directors. By unanimous vote, the Board of Directors may waive a parties' contribution toward OCHFT's administrative costs. A Party's contribution to OCHFT's administrative costs shall be in the form of money, unless the Board approves another form of contribution such as services, personal property or use of real or personal property, or other in - kind contributions. The acceptance and valuation of any such non -monetary contributions shall be as determined by the Board. (2) Program Cost Contributions. The particular programs and program budget, funded, sponsored or operated by OCHFT, as well as the level of, and mechanisms for, the involvement of OCHFT and each Party, in such programs and program budget, shall be determined and approved by the Board of Directors. A Party's individual contribution, involvement and role in any particular program or the budgeted program costs shall be as may be mutually agreed between the Party and OCHFT. (d) Accounts and Reports. (1) Books and Records. There shall be strict accountability of all OCHFT funds and accounts and report of all OCHFT receipts and disbursements. Without limiting the generality of the foregoing, OCHFT shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of OCHFT shall be open to inspection at all reasonable times by each Party and its duly authorized representatives. (2) Annual Audit. The person appointed by the Board of Directors to perform the auditor function for OCHFT shall cause an annual independent audit of the accounts and records of OCHFT and records to be made by a certified public accountant or firm of certified public accountants in accordance with Government Code section 6505. Such audits shall be delivered to each Party and shall be made available to the public. (3) Annual Financial Report. Pursuant to section 6539.5 of the Government Code, OCHFT shall publish an Annual Financial Report that shall describe the funds received by OCHFT and the use of such funds by OCHFT. The Annual Financial Report shall describe how the funds received by OCHFT have furthered the purpose of OCHFT. (e) Funds. Subject to the applicable provisions of any instrument or agreement which OCHFT may enter into, which may provide for a trustee or other fiscal agent to receive, have custody of and disburse OCHFT funds, the person appointed by the Board of Directors to perform the treasurer function for OCHFT shall receive, have the custody of and disburse OCHFT funds as nearly as possible in accordance with generally accepted accounting practices, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. 55C-19 EXHIBIT 1 Section 8. Amendments and Additional Parties. (a) This Agreement may not be amended or modified except by a vote of two-thirds of all of the Parties through formal action approving such an amendment by the Parties' respective governing bodies. (b) No addition to, or alteration of, the terms of this Agreement, whether by written or oral understanding of the parties, their officers, employees or agents, shall be valid or effective unless made in the form of a written amendment which is formally adopted and executed by the Parties in the same manner as this Agreement. Section 9. Non -Liability for Obligations of OCHFT. The debts, liabilities and obligations of OCHFT shall not be the debts, liabilities and obligations of any of the Parties or personal debts, liabilities and obligations of the Directors, officers or employees of OCHFT; provided that a Party may, by an agreement separate from this Agreement, contract for, or assume responsibility for, specific debts, liabilities, or obligations of OCHFT. Section 10. Admission and Withdrawal of Parties. (a) Admission of New Parties. It is recognized that additional parties other than the original parties, may wish to join OCHFT. The County of Orange and any Orange County city may become a party to OCHFT upon such terms and conditions as established by the Board of Directors. An Orange County city shall become a party to OCHFT by the adoption by the city council of this Agreement and the execution of a written addendum thereto agreeing to the terms of this Agreement and agreeing to any additional terms and conditions that may be established by the Board of Directors. (b) Withdrawal from OCHFT. Parties may withdraw from OCHFT at any time upon their governing board's adoption of a resolution that so states the party's intent to leave OCHFT. The withdrawal of any party, either voluntary or involuntary, unless otherwise provided by the Board of Directors, shall be conditioned as follows: (1) In the case of a voluntary withdrawal, written notice shall be given to OCHFT six months prior to the effective date of withdrawal; and (2) Unless otherwise provided by a unanimous vote of the Board of Directors, withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of OCHFT as set forth in Section 2 above. Section 11. Notices. Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid, to the persons and entities listed herein at the following addresses, or to such other address as may be designated to OCHFT for formal notice: 55C-20 EXHIBIT 1 (a) County of Orange: Santa Ana, California (b) Community Development Agency of the City of Santa Ana Housing Manager 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, California 92702 With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 Section 12. Miscellaneous. (a) Section Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing or in any manner affecting the scope, meaning or intent of the provisions or language of this Agreement. (b) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Agreement. (c) Laws Governing. This Agreement is made in the State of California under the Constitution and laws of such State and shall be construed and enforced in accordance with the laws of California. (d) Severability. Should any part, term, portion or provision of this Agreement, or the application thereof to any person or circumstance, be held to be 10 55C-21 EXHIBIT 1 illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, it shall be deemed severable, and the remainder of this Agreement or the application thereof to other persons or circumstances shall continue to constitute the agreement the Parties intended to enter into in the first instance. (e) Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the respective Parties hereto. No party may assign any right or obligation hereunder without the written consent of a majority of the other Parties. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized officers as of the date first above written. Dated: COUNTY OF ORANGE, a political subdivision of the State of California By: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors County of Orange, California NOTICE TO COUNTY OF ORANGE TO BE GIVEN TO: FRANK KIM COUNTY EXECUTIVE OFFICER 10 Civic Center Plaza SANTA ANA, CA 92702-4062 APPROVED AS TO FORM: LEON PAGE COUNTY COUNSEL LN Dated: 11 55C-22 EXHIBIT 1 ATTEST Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney gjAt:::� Ry 0. ffidge Assistant City Attorney RECOMMENDED FOR APPROVAL Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager 12 55C-23 55C-24 Exhibit 2 Text of AB 448 (Daly, 2018) — Chapter 336 of the Statutes of 2018 LEGISLATIVE COUNSEL'S DIGEST AB 448, Daly. Joint powers authorities: Orange County Housing Finance Trust. Existing law authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by which the joint powers authority will be governed. This bill would authorize the creation of the Orange County.liousing Finance Trust, a joint powers authority, for the purposes 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, as specified. " This bill would make legislative findings and declarations as to the.necessity of a special statute for the County of Orange. B I LL TEXT THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACTAS,FOLLOWS/` ". SECTION 1. The Legislature finds and declares all,of the following: - a) The County of Orange is in the midst of a fluid.and worsening homelessness crisis. Since 2013, the county has experienced a 53-percent increase in the unsheltered homeless population, many of whom have sought shelter over the last five years orrthe Santa Ana -riverbed and at the Orange County Civic Center in Sarita Ana. b) There has been a lack of regional focus that continues to stymie the implementation of a long-term solution to homelessness in the County of Orange. c) The County of Orange and the cities within the county have worked together to develop an approach under the•Joint Exercise of Powers Act (Article 1(commencing with Section 6500) of Chapter.5 of Division 7'of Title-1 of.the Government Code) to establish and authorize the use of an Orange County Housing,Finance Trust.that would'not only be responsible for responding to the homelessness crisis with the development of capital projects and the acquisition of necessary funds for those'projects, but also for helping the'county respond to the low-income and affordable housing crisis that the region is experiencing in tandem with the homelessness crisis. d) Permanent supportive housing and other services provided to those within that form of housing is a nationally recognized model for ending chronic homelessness, and can assist the County of Orange in its response to th6 homelessness crisis. e) Neither the Orange County Housing Finance Trust nor the act authorizing the creation of the Orange County Housing Finance Trust do any of the following: 1. Regulate land use in cities or in the unincorporated area of the County of Orange. 2. Authorize the Orange County Housing Finance Trust to serve as an owner or operator of housing units. 3. Authorize the Orange County Housing Finance Trust to, in any manner, exercise 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. Authorize the Orange County Housing Finance Trust to require or incentivize inclusionary zoning requirements. It is the intent of the Legislature that the power to adopt inclusionary zoning ordinances remain with the entities that possess land use and planning authority. 55C-25 SEC. 2. Section 6539.5 is added to the Government Code, to read: §6539.5. a) Notwithstanding any other law, the County of Orange and any of the cities within the County of Orange may enter into a joint powers agreement pursuant to this chapter to create and operate a joint powers agency to fund housing to assist 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, within the County of Orange. b) The joint powers agency created pursuant to this section shall be known as the Orange County Housing Finance Trust, and shall be created and operate in accordance with this section. c) The Orange County Housing Finance Trust shall be governed byia board of directors consisting of elected officials representing the County of Orange and representative cities that are party to the joint powers agreement. d) Notwithstanding any other law, the Orange County Housing Finance Trust 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, inclu'ding;.but not limited to, permanent supportive housing. 2. Receive public and private financing and funds: ' 3. Authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received pursuant to paragraph (2) and pledged by the Orange County Housing Finance Trust. e) The Orange County Housing Finance Trust shall incorporate into its joint powers agreement annual financial reporting and auditing requirements that shall"maximize transparency and public information as to the receipt and use offunds bythe agency. The annual financial report shall show how the,funds have furthered the purposes of the'Orange County Housing Finance Trust. f) The Orange County Housing Finance Trust shall comply with the regulatory guidelines of each specific state funding source received. SEC.3. ' The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique challenges faced by the. County of Orange and the cities located within the county in addressing the housing'needs of extremely low, very low, and low-income households and the homeless within the county. 55C-26 Exhibit 3 Draft Bylaws for the OC Housing Finance Trust (subject to approval by the Trust governing board) Part 1— Introduction to the Orange County Housing Finance Trust (OCHFT) 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 Family 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•instrumenf repayable from funds and financing received and pledged by the Orange County Housing Finance Trust. The OCHFT was established on by the execution,of the Joint Exercise of Powers Agreement (the "Agreement") by and between the Cities of ;,and — (collectively; tlie, 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. 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. • Provide funding based on principles of fiscal responsibility and demonstrated value to the taxpayer and funder. • 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. • Demonstrate accountability and transparency for members of the JPA and the public. 55C-27 • 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. • Provide opportunities to strengthen local partnerships and increase capacity of local cities and agencies engaged in fulfilling housing goals. • Commit to innovation and best practices in financing, production, and service delivery in supportive housing. • Serve the region's needs geographically by (1) extremely low, very'low, low income, and supportive housing types and (2) by population. !ti • Foster collaborative planning to allow for project prioritizatiomand establish a pipeline of projects. • Provide access to funding to ensure that Orange County receives the maximum benefit for the resources provided. ; • Incorporate County's Coordinated Entry System in conjunction with the cities INodally-driven protocols to ensure that the developed housing resources lias 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 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 those1amendmehts. Section B: Purposes; Functions and Preclusions The vision of OCHFT shall 6e to provide innovative financial solutions for the humanitarian crisis of homelessness in our local'com}nunities, in furtherance of OCHFT's mission as stated in Part 1, Introduction. More specifically, the purpose and functions of OCHFT shall be: • 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; • To receive public and private financing and funds; • To authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received pursuant to paragraph (2) and pledged by the Orange County Housing Finance Trust; 55C-28 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 • To comply with the regulatory guidelines of each specific state and federal funding source received. OCHFT is specifically precluded from: • Regulating land use in cities or in the unincorporated area of the County of Orange. • Serving as an owner or operator of housing units. • Exercising any authority to levy, or advocate or inceritivize the levying of, any fee, charge, dedication, reservation, tax assessment, or other exaction related to -development projects. • Requiring or incentivizing inclusionary zoning requirements. The power to adopt inclusionary zoning ordinances remain with the entities that possess land,use and"planning authority:., • 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 All members of the Board of biredDrs must be from a member of the governing board of a party to the Agreement; — 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; arid, 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 -Col lector by the Board of Supervisors of the County of Orange. 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 population in the South Region Service Planning Area as measured in the most recent decennial census. 55C-29 iv. One City Council member from a city member with a population of between 60,000 persons and 95,000 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 described in Iv" and "v" above shall be made by a City Selection Committee from votes cast on a one -city -one -vote basis by representatives of the city members fall within the respective population thresholds described in iv and v. 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: • One Public Member who also serves on the Orange County. Commission to End Homelessness (or its successor body); • 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; • The Chief Executive Officer of the County of Orange, or his or her designee; • A police chief (or his or her designee); and • 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. 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. Advisory Board members need not be elected officials.'. Section B: Selection_of Advisory Board Members Appointments to the AdvisoryBoard shall be as follows: 1. The Chair of the Orange County Boari of Supervisors, with ratification by a majority of the Board of Supervisors, shall appoint the representative from the Orange County Commission to End Homelessness;, 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 City members of OCHFT shall select a representative from a City member, whose Housing Authority receives Housing Choice Voucherfunding and which is not otherwise represented on the Board of Directors from votes cast on a one -city -one -vote basis. 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. 55C-30 2. Advisory Board: Terms of office for members of the Advisory Board shall be for two (2) years. An Advisory Board members 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. 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 3 ' 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: • Meet when called by the Chairto plan and•coordinate the business and proposed activities of OCHFT; \. • Review and consider applications for project funding; • Review and consider OCHFT's financial information, including the Annual Financial Report, any related independent audit, and•the OCHFT's annual budget; and • 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 County's;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 Ad. Section C: Quorum A quorum shall exist when a simple majority of seated members of the Board of Directors are present. Section D: Voting on Project Funding The Board shall strive to attain a unanimous decision on all projects which receive funding from OCHFT; however funding for a project is deemed approved following a majority (five 15] "yes" votes or more) vote of the Board of Directors, provided that a quorum was present. 55C-31 Section E: Voting on Amending OCHFT's Bylaws, Principles, or Procedures Amendments to OCHFT's Bylaws, Principles or Procedures shall be considered at a regular meeting, and shall comply with the Ralph M. Brown Act. 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 O`rder,(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 publicmeetings, such as Council Chambers, city community rooms, or County board or conference rooms. ARTICLE VI — Financial Review and Oversight Section A: Annual Financial Report ' 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. 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 iauditor must report all findings to the Boardin-a public meeting. .4 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. 4 Section Ci OCHFT Fiscal Year , The fiscal year.,of OCHFT shall be.from July 1So;June 30 of each year. 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 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 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., 55C-32 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. A conflict of interest is defined as a contract or transaction between the OCHFT and an entity in which a Member of the Board of Directors or Advisory Board, or family members of such member has a financial or other interest or of which the Member is a director, officer, agent, partner, owner, associate, trustee, personal representative, receiver, guardian, custodian, conservator, or other legal representative. In the event that a member of the Board of Directors or Advisory Board could benefit financially from a project or program that is before the Board of Directors for funding consideration, the member shall recuse himself or herself from participating in any way, including from engaging in any discussion or action relating to the project or program in question. a Members of the Board of Directors and Advisory Board are required to follow OCHFT Bylaws regarding conflict of interest and code of conduct. 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. 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. 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. 55C-33 55C-34 Exhibit 4 Additional Information about Homelessness, Supportive Housing, and more . The following section attempts to give additional background on homelessness and housing issues related to the Orange County Housing Finance Trust. Homelessness Defined. There are different definitions depending on which Federal agency is looking at the issue. For example, the Department of Health and Human Services says this: A homeless individual is... "an individual who lacks housing (without regard to whether the individual is a member of a family), including an individual whose primary residence during the night is a supervised public or private facility (e.g., shelters) that provides temporary living accommodations, and an individual who is a resident in transitional housing." A homeless person is an individual without permanent housing who may live on the streets; stay in a shelter, mission, single room occupancy facilities'abandoned building or vehicle; or in any other unstable or non -permanent situation. An individual may be considered to be homeless if that person is "doubled up,"... where individuals are unable to maintain their housing situation and are forced to stay with a series of friends and/or extended family members. In addition, previously homeless_individuals who are to be released from a prison or a hospital may be considered homeless if they,do not have a stable housing situation to which they can return. A recognition of the instability of an individual's living arrangements is critical to the definition of homelessness. From the US Department of Housing and Urban Development: Homelessness is where (1) an individual or family lacks a fixed, regular, and adequate nighttime residence, meaning. (i) Has a primary nighttime residence that is a public or private place not meant for human. habitation; (ii) Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state and local government programs); or (iii) Is exiting an institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meantfor human'habitation immediately before entering that institution. Some persons are chronically homeless, meaning that they have a disabling condition and have been homeless (sheltered or unsheltered) for at least twelve consecutive months OR they have had at least four episodes of homelessness in the past three years with a total duration of at least one year of homelessness. Local Trends. In Orange County, our data associated with homelessness comes primarily from the biennial "Point in Time Count." While a recent PIT Count was conducted in late January 2019, data from that count will not be available for a few more months. Past data (table sources below are from 2-1-1 OC's Final Report on the 2017 PIT Count) shows the following numbers of homeless persons (meaning living in shelters, living on the streets, or living out of vehicles): 55C-35 Table 1: Relationship of County Population to Homeless Population Total Population= Homeless Population Percent of Total 2013 Count 3,090,132 4,251 0.14% 2015 Count 3,145,515 4,452 0.14% 2017 Count 3,194,024 4,792 0.15% And while the homeless population has grown moderately, the growth (again, via the 2017 Count) came from persons outside of any shelter: 2013 %of Total 2015 %of Total 2017 %of Total %change 2015-2017 Sheltered 2 573 61% 2,251 51% 2,208 46% -2% Unsheltered 1,678 39% 2,201 49% 2,584 54V. 17% Total 4,251 100% 4,452 100% 1 4792 100% 8% As a result, cities and city residents were -experiencing greater numbers of visible homeless - on streets and medians, under overpasses, along`riverbed_s and storm•drain channels, and in parks and other facilities. The 2017 PIT also allowed us to compare trends in fiomelessness across.5outhern California. As the below chart shows, the count of homelessness injanuary 2017-appears t&show an increase in Orange County (and in the cities of LA and.5an Diego) everi,as it went down elsewhere: CoC Population 2015 PIT 2026 PIT 2017 PIT 2015-2017 % Change Los Angeles 9,416,024 41,174 43,854 55,189 34.0% San Diego 3,316,192 8,742 8,669 9,116 4.3% Orange 3,194,024 4,452 4,319 4,792 7.6% Riverside 2,384,783 2,372 2,165 2,406 1.4% San Bernardino 2,160,256 2,149 1,887 1,866 o ' -13i'2%F, Ventura 857,386 1,417 1,271 1,152 1817 Long Beach 480,173 2,345 2,250 1,863 Pasadena 143,333 632 530 1 57590%E As to the chronically homeless population, it consists of about 19% of all homeless, but increased by about 60% between the 2015 and the 2017 Point in Time counts. 55C-36 2013 2015 2017 %Change Total Chronically Homeless Individuals Asa% of homeless persons 797 19% 558 13% 893 19% 60% Current Living Situation It % 26% # % 20% # % 32% %Change Sheltered• 129 111 284 156% Unsheltered 668 . 84% 447 80% 609 68% 36% Even in 2017, the county still had 405 homeless veterans among us, -including 127 veterans defined as chronically homeless. Veterans q Chronically Homeless Veteran Persons # % Sheltered* 48 12 25% Unsheltered 357 115 32% Total 40s 127 31% The Costs of Homelessness. Orange County United Way, Jamboree Housing, and UCI conducted a study ("United Way-UCI Study,') in 2017 (full study at,Www.unitedwayoc.org/resources) based on 2014/2015 data that attempted to quantify the per dollar costs,of each homeless,person — including costs to hospitals, to law enforcement, to other municipal services, to social services providers, to facilities like shelters, and more. Their hypothesis was that it likely cost more to allow people to remain on the streets than to move them into housing. — Key findings of the United Way-UCI Study included that $299 million was spent to address homelessness in Orange County by government and non -governmental agencies for 12 months encompassing 2014/2015.•Of this amount: * $120 million was spent by municipalities * $77 million was•spent by hospitals • $62 million wa`s.spent bythe�County of Orange * Non -governmental agencies spent $35 million The average cost per homeless person for all services is about $45,000 for that year period. Health care and medical services are a key driver here, and if the "most costly' 10% of the population is dropped from the analysis, the mean annual cost per person is $10,000. The Study concluded that "the costs of homelessness are driven upwards by the heaviest service users among those who are chronically street homeless," How Housing Affects Costs. The same United Way-UCI Study looked at how providing housing to a formerly homeless person affects the costs of that person's care. The results were: 55C-37 • If someone were placed in supportive housing (i.e. housing that included some social and health services onsite or nearby), then ambulance transports would be reduced by 78% among this population. The study also noted that "those in supportive housing reported ... 100% fewer arrests, compared to those who are chronically homeless living on the street or in emergency shelters." • The average cost of services is 40% lower for the chronically homeless in supportive housing ($51,587/year) when compared to the cost of the chronically homeless on the streets ($85,631/year) even taking into consideration the cost of the housing. • Looking solely at health service utilization, the estimated average annual cost of homeless who are housed ($26,158) is half the annual cost incurred by those on the street or in emergency shelters ($51,855). This disparity is greater between those in supportive housing ($43,184) and those who are chronically street homeless ($98,199). • For the chronically homeless who are the most frequent users of services, those 10% of the chronically homeless cost $439,787 per person per year when `on'the street, but only $55,332 per person per year when in supportive housing. • If all of Orange County's chronically homeless were placed in supportive housing, the region would save about $42 million a year. About Supportive Housing. As noted, the concept of supportive,housing is intended'to provide long- term housing (such as an apartment or,shared unit or similar) to a homeless person (typically chronically homeless), as that person is likely unable to -'remain in housing without some daily (or near daily) assistance in terms of social services, mentafheath care, or similar:. Thus, supportive housing allows individuals and families to remain in their own apartment, but a qualified service provider is onsite or nearby to ensure that the individual or family,is�taking the steps needed and getting the care they need to remain housed. Supportive housing is most geared towards those`chronically homeless. Persons who are not chronically homeless often can benefit,from more typical (and less costly) affordable housing, Section 8 programs (rental assistance), rapid -rehousing (short-term,housing to allow someone to quickly get back on their feet after a homeless.experience) or transitional housing (medium -term housing that can help a person re-establish'their societal•footing with a job or jol�training for 2-24 months). Efforts to Promote Supportive -Housing in Orange County. In 2017 and 2018, policy makers around the county started discussing a goal of providing,up to 2,700 units of supportive housing across the region. The number was developed in part from data from the 2017 Point in Time Count. While some entities discussed breaking down,the entire 21700 and assigning a population -based share to each community, a more achievable goal may be to use,the 2,700-unit number as a stretch target across the region. Not every city will have the desire to site supportive housing or the sites for it. Judge David O. Carter of the US District Court in Santa Ana also has discussed the 2,700-unit number, seeing it as an important part of the "housing pipeline" —where a real homelessness solution involves transitioning the chronically and other homeless from the streets to emergency or bridge shelters to transitional housing and finally to supportive housing. Without enough units and beds at each step — including supportive housing — the system and solution fails. In 2018, the Association of California Cities — Orange County worked with local legislators (including Assembly Members Daly and Quirk -Silva and Senators Bates, Moorlach, and Nguyen) to pass AB 448. This bill was intended to allow the cities of Orange County and the County of Orange to work together to 55C-38 secure additional competitive public and private funds to build supportive housing units, as one large region. AB 448 would allow Orange County to complete alongside the City of Los Angeles or the City of San Diego to secure state bond funds, grants, and private contributions to leverage other local or Federal funds in order to construct supportive housing. AB 448 defined a Joint Powers Agreement (1PA) mechanism for the County and local cities to form the Orange County Housing Finance Trust (OCHFT). AB 448 is shown as Attachment B to this staff report. How is a Supportive Housing Project Funded? A supportive housing project is funded similar to an affordable housing project. But with the additional costs of on -site or adjacent service provision, a supportive housing project can be even more costly. Basically, the below sources of funds can be accessed to build and operate a project. A developer will typically build financing like filling a cup, starting with the most straightfoward funding first: 1. Seeking a lender to provide a mortgage, with the mortgage.backed by anticipated rental income. Because the rental income from an affordable project is -lower than that of a market -rate project, the mortgage amount is too low to construct a full project on its own. 2. Some owner's equity. Whereby an initial dollar amount is allocated to the project by a landowner or developer. In a municipality's case, this can sometimes be providing "free" land,for the project. 3. Project -based Section 8 Vouchers. A local housing authority (there are four in'Orange County: the County of Orange and the cities of Santa Ana, Anaheim, and Garden Grove) may assign a number of rental assistance vouchers to a specific,project. In other words, the Authority will say that 20-25 persons in the future housing project will always have Section 8•housing vouchers and the developer can use those in the developer's financing., Rental assistance vouchers for veterans (VASH Vouchers) can also be used in this manner, for projects which house veterans. 4. Low Income Housing Tax Credits (LIHTC). This Federal program, begun in 1986 and made permanent in 1993, allows an investor to receive a dollar -for -dollar reduction in their tax obligation in exchange for providing financing to develop affordable rental housing. There is a 9% LIHTC program and a 4% LIHTC program. In California, the State Treasurer's Office administers the Federal (and some State) Tax credit program. 5. State General Fund or Bond Fund Revenues. California has recently added to its resources available to address affordable and supportive housing, including November 2018's: a. Proposition 1($4BN for affordable housing, with $36N of that for projects and programs and $1BN to improve access to home loans for veterans). Proposition 1 includes a specific amount ($300M) just for qualified housing trusts; and b. Proposition 2: Prop 2 clarified that existing "Millionaire's Tax" money —also referred to as Mental Health Services Act or MHSA funds — can be used to develop housing when the persons housed have mental illnesses. 6. SB 2 Funds (2017's Documentary Transfer Tax). A newer documentary transfer tax (collected each time a home sells) provides for competitive and per capita city -by -city allocations of housing dollars, provided that the receiving city has a valid housing element. Cities can use these funds for housing for extremely low, very low, low and moderate income households, including capitalizing the funds for providing services at supportive housing sites. 7. Community Development Block Grant (CDBG) Funds. These federal funds come to cities for various projects and programs relating to persons with disabilities or improvements in designated disadvantaged areas. 8. Developer fees paid to a City for affordable housing. 55C-39 9. City general funds. 10. Private grants and other sources and donations. Generally, in the above list, affordable housing developers will speak about filling the "funding gap" between a market -rate project and an affordable or supportive housing project. The gap is filled by everything above except item #1. Funds That Could be Made Available to the Housing Trust. The OC Housing Finance Trust is constructed to enable the Trust to secure primarily funds from State Housing Bond vehicles (such as Prop 1), SB 2/Documentary Transfer Tax funds willingly provided by a member city, developer fees willingly provided by a member city (ensuring that the appropriate nexus remains), and private donations. � Cities could also provide general fund allocations to the Trusfshould,they choose. 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DISCUSSION On February 4, 2019, the City of Santa Ana submitted a grant application (Exhibit 1) to the National Fitness Campaign (NFC) to build five fitness courts at Jerome Park, El Salvador Park, Delhi Park, Rosita Park and Civic Center Plaza of the Flags. On March 15, 2019, the City of Santa Ana received five $30,000 grants from NFC to participate as a Model City in the 2019 National Fitness Campaign (Exhibit 2). Approval of the multi -site application was based on the City of Santa Ana's commitment to free health and fitness options, development of stakeholder consensus, and the exceptional and active public spaces where we will launch our Fitness Courts and the NFC program. Total funding required per Fitness Court® (includes mobile app, sports floor, communications and press releases, activation campaign etc.) is $120,000 plus installation. Installation costs may be different from site to site, as location conditions vary as well as the ability to use in-house staff for some of the installation when possible. The installation cost is estimated at $30,000 per site. The 55D-1 Approve a Resolution Accepting the 2019 National Fitness Campaign Grant June 4, 2019 Page 2 NFC grants $30,000 per site and the City / Local Sponsor Match is $90,000 per site plus installation. As a requirement to the grant, the City must adopt a resolution (Exhibit 3) to demonstrate funding and support towards the projects. The City is prepared to fully fund the balance needed ($90,000 plus installation of approximately $30,000) for the first court and will pursue a combination of City and non -City funding, such as sponsorships, for the remaining four courts. This resolution does not financially commit the City, but rather states that the City will endeavor to secure the remaining funds needed. Should the City not be able to secure the funding, the City will not be obligated to purchase the equipment. When funding has been secured and the City is ready to purchase the equipment, the matter will once again be brought before the City Council to award the purchase order for the court equipment and installation, which will identify the funding sources. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT There is no direct fiscal impact with this item. A request to authorize the purchase of the fitness court equipment will be presented to the City Council at a later date. bsd Rudloff Executive Director Parks, Recreation and Community Services Agency Exhibits: 1. Application 2. Award Letter 3. Resolution 55D-2 NATIONAL FITNESS CAMPAIGN Mm" EXHIBIT 1 Monday, February 4, 2019 2019 NFC Multi -Site Grant Application Congratulations on being selected to apply as a Model Partner in the Campaign. Read and follow the instructions carefully prior to submitting your application. For questions on the application, required documentation or grant eligibility, please contact partnerships@nfchq.com. All applications due within 14 days of receipt. I. General Information: Applicant Type: ' City or County Government Submission Date: Monday, February 4, 2019 Legal Name of Organization: City of Santa Ana Organization Address: 20 Civic Center Plaza, Parks, Recreation and Community Services Agency, M23 Santa Ana, CA, 92701 Web Site URL: www.santa.ana.org Information for the person to be contacted on matters involving this application: Full Name: Lisa Rudloff Office Phone: (714) 571-4204 Email: Irudloff@santa-ana.org Lets make world class fitness free — together! Who else among your community Parks & Recreation Commission / Board leadership has adopted or supported this project? (select all that apply) Executive Management Team 1 II. Multi -Site Information: Site #1 Name: Jerome Park 55D-3 EXHIBIT 7 Location Type: Public Outdoor Park Google Maps or other web URL of https://www.google.com/maps/place/33°/oC2°/oB044'07.1°/o22N location+117%C2%B053'54.6%22W/@33.7353051,-117.8990422,280m/ data=!3m2!1 e3!4b1!4m6!3m5!1 sOx0:Ox0!7e2!8m2!3d33.735304 !4d-117.8984947 Site #2 Name: El Salvador Park Location Type: Public Outdoor Park Google Maps or other web URL of https://www.google.com/maps/place/33°/oC2°/oB045'07.5°/o22N location+117%C2%B053'37.8%22W/@33.7520941,-117.8943712,280m/ data=!3m2! 1 e3!4b1 !4m6!3m5! 1 s OxO:OxO!7e2! 8m2! 3d33.752092 5! 4d-117.8938241 Site #3 Name: Delhi Park Location Type: Public Outdoor Park Google Maps or other web URL of https://www.google.com/maps/place/33°/oC2°/oB042'53.8°/o22N location+117%C2%B051'34.7%22W/@33.7149511,-117.8601732,280m/ data=! 3 m2! 1 e3!4b1 !4m 6!3m 5! 1 s OXO:OXO!7e2! 8m2!3d33.714949 9!4d-117.8596258 Site #4 Name: Civic Center -Plaza of the Flags Location Type: Civic Center Public Space Google Maps or other web URL of https://www.google.com/maps/place/33°/aC2°/oB045'00.1%22N location+117%C2%B052'28.4%22W/@33.7500261,-117.8750932,280m/ data=!3m2!1 e3!4b1 !4m6!3m5!1 s0x0:Ox0!7e2!8m2!3d33.750025 4! 4d-117.8745463 Site #5 Name: Rosita Park Location Type: Public Outdoor Park Google Maps or other web URL of https://www.google.com/maps/place/33°/oC2°/aB045'05.3°/o22N location+117%C2%B055'46.3%22W/@33.7514707,-117.9303782,435m/ data=!3m2!1 e3!4b1 !4m6!3m5!1 sOx0:Ox0!7e2!8m2!3d33.751468 7!4d-117.9295289 Do you plan to apply for additional yes sites? Site #6 Name: Future Sites would be identified at a later date Location Type: To Be Deteremined 2 55D-4 EXHIBIT 7 Google Maps or other web URL of To Be Determined location Please answer the following questions regarding access and approvals for the sites being submitted for funding consideration: Is public access available to these Yes -All sites have public access sites? j Have these sites been discussed and Yes - Some sites have been approved for funding approved for funding consideration by consideration I other stakeholders? - - - - - - Please upload your site map or NFC Sites.pdf additional graphic aids as required to support this application: III. Timing & Funding Information: Can you confirm that your first Fitness ;Yes Court(s) will be open and available for public use in 2019? When do you plan to open your first July - September 2019 Fitness Court(s) and launch the local - - campaign? LAUNCH MILESTONES: Jan — Mar 2019 Purchase Order Deadline: 12/21/2018 Shipped Fitness Court: 2/28/2019 Launch Fitness Court: 313112019 LAUNCH MILESTONES: Apr —Jun 2019 Purchase Order Deadline:3/31/2019 Shipped Fitness Court: 5/31/2019 Launch Fitness Court: 6/30/2019 LAUNCH MILESTONES: Jul — Sep 2019 Purchase Order Deadline: 6/30/2019 Shipped Fitness Court: 8/31/2019 Launch Fitness Court: 9/30/2019 LAUNCH MILESTONES: Oct — Dec 2019 3 55D-5 EXHIBIT 1 Purchase Order Deadline: 9/30/2019 Shipped Fitness Court: 11/30/2019 Launch Fitness Court: 12/31/2019 If selected as Model City Partners and awarded the $30,000 NFC Fitness Grants, how do you plan to match the remaining program and installation funding for all approved sites? (select all that apply) As needed, NFC supports partners with fundraising tools and project planning. What kind of fundraising support do you anticipate requesting from NFC? (select all that apply) Municipal budget ' Local sponsorships - r Community fundraising l Revenue Funds Finding local or state grants I Custom sponsor materials Custom site support and planning If local fundralsing is unsuccessful, I Yesdoes the city/school still intend to _ J proceed in 2019? IV. Partnership & Sponsors: Are you willing to host an opening day Yes celebration at your Fitness Courts _ inviting civic leaders, community supporters and the local media? Inconsideration of the Fitness Courts No being funded through the NFC L __ sponsorship program, and in some cases, local or regional sponsors, will you allow the permanent identification of major sponsors on the Fitness Court sign theater? NFC raises the priority of health and fitness in the community by building strong partnerships and through the engagement of local/national sponsors. Do you agree to help promote fitness in your community in the following ways? Promote usage of the Fitness Courts �'� yy — J and demonstrate the value of an L J active lifestyle using the Fitness Court App, NFC website and activation tools provided: 55D-6 EXHIBIT 7 Promote sponsors who have No supported the Campaign, and join relevant regional and national events and promotions: V, NFC Grant Award Acceptance: How will your organization accept the $30,000 NFC Fitness Grants and confirm that your funding in this application will be available and committed to this program? Council/Board Resolution of Adoption The undersigned (authorized to sign on behalf of applicant organization) certifies, to the best of his or her knowledge and belief, that the information contained in this application is true. Further, NFC and the undersigned organization recognize that neither submitting this application or being awarded NFC Grant Funding constitutes a binding committment of any kind. Vill. Applicant's E-Signature E-Signature: Francisco Arroyo Senior Management Analyst 5 55D-7 55D-8 EXHIBIT 2 2019 NATIONAL FITNESS CAMPAIGN 200 CITIES Congratulations — Santa Ana has been selected as a 2019 NFC Model City! Dear Lisa, On behalf of the National Fitness Campaign and our Official 2019 Campaign Sponsors, we are pleased to announce that the City of Santa Ana has been selected to receive (5) NFC Fitness Grants to join the 2019 Healthy Cities Campaign. This letter confirms your award of (5) $30,000 Grants towards building 5 Fitness Courts® and launching your local Campaign to bring healthy infrastructure and world class free fitness to the residents of Santa Ana. Your community has made a choice: to join a national movement and make world class fitness free! Our team will work with you to follow the path outlined in your Grant Application, ship your Fitness Courts® and make you part of the National Campaign, promoting and activating the program in 2019. We have assigned Trent Matthias as your dedicated Campaign Manager. He will be your champion and partner in this program. This grant award is the first step towards formal confirmation of your participation. The next step is a call with Trent to discuss building our partnership which will be scheduled in the next 10 days. Here are some of the things to look forward to in 2019: * Launch Day Celebrations — Open your Fitness Courts® and build a network of NFC Ambassadors! * Fitness Court App — Bring NFC's free digital fitness ecosystem to the residents of Santa Ana. * NFC Fitness Challenges —Get residents moving and keep them engaged with ongoing events. * Press & Media Promotions —Leverage NFC's reach for local and national feature coverage! On behalf of the entire NFC team, I am thrilled to invite the City of Santa Ana to join us as a leading partner in the 2019 Healthy Cities Campaign. Best in Fitness, El Mitch Managed, Founder National Fitness Campaign 55D-9 55D-10 EXHIBIT 3 LR 6/4/19 RESOLUTION NO. 2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE 2019 NATIONAL FITNESS CAMPAIGN GRANT OF $30,000 PER SITE, FOR A TOTAL OF FIVE AND AGREEING TO ENDEAVOR TO PROVIDE AN ESTIMATED $120,000 PER EACH SITE TO FUND THE REMAINING PURCHASE PRICE OF THE EQUIPMENT AND INSTALLATION OF THE FITNESS EQUIPMENT AT FIVE CITY PARKS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 2019, the National Fitness Campaign offered grants to 200 Cities or Colleges to install an outdoor Fitness Court@), in public parks for use by the public at no cost. B. The City's Parks, Recreation and Community Services Agency submitted an application for the 2019 National Fitness Campaign grant funds and was selected as a recipient of the grant for five City owned sites. C. The 2019 National Fitness Campaign grant is $30,000 per site for a total of $150,000 for the five sites. The total cost for the purchase of the outdoor Fitness Court® equipment (includes mobile app, sports floor, communications and press releases, activation campaign etc.) at five City parks (Jerome Park, El Salvador Park, Delhi Park, Rosita Park and in the Civic Center) will be $120,000 per site for a total of $600,000. The cost of installation will be an additional cost to the City and is estimated at $30,000 per site, but may vary from site to site. The $30,000 grant per site operates as a credit toward the total purchase price of the Fitness CourtO. The City will need to obtain funding to complete the installation of the five outdoor Fitness Court@ locations. Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager or her designee, on terms acceptable to the City Attorney, to execute any documents that are necessary to accept the 2019 National Fitness Campaign $30,000 grant funds per site (five sites total) for the outdoor Fitness Court@ equipment; Resolution No. 2019-XXX 55D-11 Page of EXHIBIT 3 Section 3. The City Council of the City of Santa Ana hereby agrees to endeavor to secure funding for the remaining $90,000 per site for the purchase of the equipment plus the additional amount for installation (estimated to be $30,000 per site), for an estimated total of $600,000, to construct the outdoor Fitness Court@ at five City sites; Section 4. The City Council of the City of Santa Ana will endeavor to construct and launch the outdoor Fitness Court@ by the end of the 2019 calendar year, contingent upon funding; and Section 5. The City Council of the City of Santa Ana believes the outdoor Fitness Court@ is an important recreation facility to support the health of the community by making "world -class" fitness free at Jerome Park, El Salvador Park, Delhi Park, Rosita Park, and the Civic Center, to fund an outdoor bodyweight circuit training Fitness Court@, and to earn local and national recognition as a leader in providing affordable health and wellness. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 4th day of June, 2019. APPROVED AS TO FORM: nn SoniaR. Carvalho, City Attorney By: s� Aou t - pw�(,f1,c.. Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2019-XXX Page 2 of 3 Miguel A. Pulido Mayor 55D-12 EXHIBIT 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-XXX 5501-13 Page 3 of 3 55D-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: ADOPT A RESOLUTION AND/OR APPROVE A LETTER IN SUPPORT OF H.R. 763, THE ENERGY INNOVATION AND CARBON DIVIDEND ACT OF 2019 TO AIM TO REDUCE CARBON POLLUTION AND GREENHOUSE EMISSIONS (STRATEGIC PLAN NO. 5) i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution and/or approve a letter in support of H.R. 763, the Energy Innovation and Carbon Dividend Act of 2019, aimed to reduce carbon pollution and greenhouse emissions. DISCUSSION On January 24, 2019 United States Congressman Ted E. Deutch introduced H.R. 763, the Energy and Carbon Dividend Act of 2019, (H.R. 763) which aims to reduce U.S. carbon pollution by 33 percent in 10 years below 2015 levels. Ultimately, the bill seeks to reduce emissions by 90 percent by 2050. If approved, H.R. 763 would exceed our commitment to the Paris Climate Agreement and exceeds the Clean Power Plan reductions by three times. H.R. 763 imposes a fee on the carbon content of fuels, including crude oil, natural gas, coal or any other product derived from those fuels that emits greenhouse gas into the atmosphere. The fee imposed on the producers or importers of the fuel is equal to the greenhouse gas content of the fuel multiplied by the carbon fee rate. The rate begins at $15 in 2019, and increases by $10 each year. The fee is subject to further adjustments based on progress. The bill also includes exemptions for certain fuels, rebates, and border adjustment provisions. The fees would be deposited into a Carbon Dividend Trust Fund, and used for expenses and dividend payments to U.S. citizens or permanent residents. Dividends are paid in a pro-rata share to each adult with a Social Security Number (SSN) or Taxpayer Identification Number (TIN), with a half- share paid to each child. While the dividends are taxable as income, they won't factor into the determination of other federal assistance programs. 55E-1 Adopt Resolution and/or Letter in Support of the Energy and Carbon Dividend Act of 2019 June 4, 2019 Page 2 In 2007, the City of Santa Ana signed the U.S. Mayors' Climate Protection Agreement, committing to reduce greenhouse gas (GHG) emissions. Santa Ana, in addition to more than 1,000 local governments worldwide, joined International Council for Local Environmental Initiatives (ICLEI) — Local Governments for Sustainability, an association for local governments to share knowledge and successful strategies toward increasing local sustainability. ICLEI provides a CAP framework and methodology for local governments to identify and reduce GHG emissions: (1) Conduct an inventory and forecast of local GHG emissions; (2) Establish GHG emissions reduction targets; (3) Develop a CAP for achieving the emissions reduction targets; (4) Implement the CAP; and (5) Monitor and report on progress. On December 15, 2015, the Santa Ana City Council approved a Climate Action Plan (CAP) to demonstrate its leadership in sustainability efforts. By completing the CAP, the City developed a roadmap to save energy and resources, improve quality of life, and quantify achievement of Council -approved GHG emissions reduction goals. With a 2008 baseline of 5.5 metric tons of CO2 emissions per capital, Council approved reduction targets at 15 percent of 2008 levels by 2020, and 30 percent of 2008 levels by 2035. At the May 21, 2019 City Council meeting, the City Council provided direction to staff to prepare a resolution (Exhibit 1) and letter (Exhibit 2) of support for H.R. 763, the Energy Innovation and Carbon Dividend Act of 2019. This resolution and/or letter would be an extension of the efforts of the State of California, and the City of Santa Ana, in establishing policies and programs to preserve and protect its environment, combat climate change, and provide for the health and well-being of all people. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability. ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action. FISCAL IMPACT There is no fiscal impact at this time. Exhibits: 1. Resolution Supporting the Energy and Carbon Dividend Act of 2019 2. Letter of Support for H.R. 763 to Congressman Ted E. Deutch (author) 55E-2 EXHIBIT 1 LAR 6/4119 RESOLUTION NO.2019-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF HR 763 THE ENERGY INNOVATION AND CARBON DIVIDEND ACT OF 2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. WHEREAS, according to the Environmental Protection Agency (EPA), global carbon emissions from fossil fuels have significantly increased since 1900. Since 1970, carbon dioxide emissions have increased by about 90%. B. WHEREAS, the United States is one of the top global carbon dioxide emitters. C. WHEREAS, the continued release of greenhouses gases into the atmosphere is a real and growing concern; D. WHEREAS, failing to reduce and/or limit the amount of greenhouse gas emissions into the atmosphere could have severe ramifications for the world's environment; E. WHEREAS, in January 2019, Representative Deutch introduced HR 763 a bill to create a Carbon Dividend Trust Fund for the American people in order to encourage market -driven innovation of clean energy technologies and market efficiencies which will reduce harmful pollution and leave a healthier, more stable, and more prosperous nation for future generations. F. WHEREAS,HR 763 also called the Energy Innovation and Carbon Dividend Act of 2019 enjoys bipartisan support in the United States House of Representatives; G. WHEREAS, HR 763 aims to reduce carbon emissions in the United States by 33% in 10 years and 90% by the year 2050. Resolution No. 2019-XXX Page 1 of 3 55E-3 H. WHEREAS, HR 763 would impose a fee for the carbon content in covered fuels including crude oil, natural gas, coal, or any other product derived from crude oil, natural gas, or coal, which shall be used to emit greenhouse gases to the atmosphere. The fee is equal to the greenhouse gas content of the fuel times by the carbon fee rate. The rate would begin at $15 in 2019 and increase $10 yearly. WHEREAS, the fee would apply to covered entities Including refineries, importers of any petroleum or petroleum product, any coal mining operation, any importer of coal, any entity entering pipeline quality natural gas into the natural gas transmission system, and any importer of natural gas, any entity required to report the emission of a fluorinated gas and any entity or class of entities which, as determined by the Secretary of State, is transporting, selling or otherwise using a covered fuel in a manner which emits a greenhouse gas to the atmosphere and which is not covered by the carbon -fee, the fluorinated greenhouse gas fee, or the carbon border fee adjustment. J. WHEREAS, the fees are to be deposited into a Carbon Dividend Trust Fund and used for expenses and dividend payments to U.S. citizens and permanent residents. K. WHEREAS, HR 763 is co -sponsored by several Orange County Representatives including Representative Harley Rouda, Representative Gil Cisneros, and Representative Katie Porter. Section 2. The City Council of the City of Santa Ana hereby finds determines and declares that the City of Santa Ana supports the adoption of HR 763, the Energy and Carbon Dividend Act of 2019 Section 3. If any surcharge or fee, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Resolution No. 2019-XXX Page 2 of 3 55E-4 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 4th day of June, 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Ca.LL� ✓ �13�-11 Laura A. Rossini Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2019-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June 4, 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-XXX Page 3 of 3 55E-5 55E-6 EXHIBIT 2 MAYOR Miguel A. Pulido m oul ido(a)santa-ana.om MAYOR PRO TEM Juan Villegas Ward 5 ivi Ilegas(a)sa nta-a na.o rg COUNCILMEMBERS Vicente Sarmiento Ward 1 vsarmiento n.sa nta-ana.org David Penaloza Ward 2 d oenaloza(a)santa-ana. org Jose Solorio Ward 3 isolodo(a)santa-ana.org Vacant Ward 4 Cecilia Iglesias Ward 6 ciglesias0.)sa nta-an a.org SAX ra vCITY OF SANTA .z. t. V' - i June 4, 2019 The Honorable Theodore Deutch U.S. House of Representatives 2447 Rayburn Office Building Washington, DC 20515 RE: H.R. 763, the Energy Innovation and Carbon Dividend Act of 2019 - SUPPORT Dear Congressman Deutch: On behalf of the City of Santa Ana, I am writing to express support for H.R. 763, the Energy Innovation and Carbon Dividend Act of 2019. The City of Santa Ana has a strong commitment to dynamic and innovative sustainability initiatives, which are making a difference in our community. The City has developed a climate action plan which provides a framework for reducing emissions, managing our natural resources, and includes goals and measures that will move us toward becoming a more sustainable city for future generations. By using our resources wisely, we not only improve the environment, but also improve the quality of life for our community. The Energy Innovation and Carbon Dividend Act would create a Carbon Dividend Trust fund for the American people in order to encourage market - driven innovation of clean energy technologies and market efficiencies which will reduce harmful pollution and leave a healthier, more stable, and more prosperous nation for future generations. The potential to implement a pricing mechanism that is simple and fair is a step in the right direction. The fee on carbon -emitting fuels, like coal, oil or gas, assessed at the mine, the well, or the port of entry would allow for the return of net revenue back to the American people. Carbon dividends are monthly checks or direct deposits to households, allocated in equal shares. Dividends will generate an increase in real disposable personal income, while shifting the cost CITY ATTORNEY CITY MANAGER ACTING CLERK OF THE COUNCIL Sonia R. Carvalho Kristine Ridge Noma Mitre -Ramirez 20 CIVIC CENTER PLAZA - P.O. 13559 MT SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org LETTER TO CONGRESSMAN DEUTCH June 4, 2019 of carbon -related externalities from consumers back to the businesses that generate them. The City of Santa Ana shares the goal of ensuring fairness to consumers, transparency in emissions pricing, and a reliable commitment to environmental integrity that our City strives for every day. For these reasons, the City of Santa Ana is in support of H.R. 763. Sincerely, Miguel Pulido Mayor of Santa Ana 55E-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: APPROVE PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF $4,000 FOR PORTIONS OF CITY -OWNED REAL PROPERTY AT 2501 NORTH FLOWER STREET (STRATEGIC PLAN NO. 6, 1) i GL CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on is' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a purchase and sale agreement with Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto, for the sale of portions of City -owned property located at 2501 North Flower Street in the amount of $4,000, subject to non -substantive changes approved by the City Manager and City Attorney. In 2013, as part of an effort to understand the City's property limits near Santiago Creek, staff commissioned a topography survey of the section between Flower Street and the 1-5 Freeway. The survey depicted small portions of private property improvements encroaching into the City's creek right-of-way from the single-family residential property owned by Ann and Eugene Andres at 2467 North Riverside Drive that included a tennis court, pool, and garage. The land containing the encroachments is situated between a retaining wall establishing the south bank of Santiago Creek and the Andres' residential lot (Exhibit 1). A review of City records indicated that City permits were issued for these private improvements over 30 years ago. In November 2016 and July 2017, Public Works Agency staff met with the property owners of 2467 North Riverside Drive to discuss solutions to the encroachment concern. The possibility of adjusting the property boundary was discussed, which would result in the entirety of private improvements to be wholly contained within the adjusted parcel, including the tennis court, pool, garage, and landscape area. The stated improvements have been continuously maintained by Mr. and Mrs. Andres (Exhibits 1 and 2), and the proposed sale reduces or eliminates the City's liability and maintenance responsibility associated with the private improvements. This option also alleviates any potential issues related to the encroachment, particularly because the improvements were performed under City permits. 60A-1 Appropriation Adjustment and Purchase and Sale Agreement for portion of City -Owned Property at 2501 North Flower Street June 4, 2019 Page 2 Based on City Council discussion during the Closed Session portion of the meeting on June 5, 2018, staff subsequently obtained an opinion of value which considers the property's lack of independent accessibility and development potential, as well as its limited or non-existent marketability. The $4,000 compensation is consistent with the opinion of value. Sale of the property was discussed at the May 21, 2019, City Council, and the action was continued pending receipt of additional information. Specifically, questions relating to the potential liability, and before and after value of the residential property were discussed. Regarding liability, the sale of the property reduces City's liability related to injury/damage in private improvements, including the pool, tennis court, and garage, which are partially within City land. The sale also relieves the conflict created by the City permitting work, and alleviates a potential claim against the City by estate on diminished value due to title concerns. Regarding the net difference in the value to 2467 North Riverside Drive before and after the sale, the opinion received by the City was a nominal value and consistent with the proposed price of $4000. The opinion was based on the fact that during the sale, the property value would be based on the square footage of the house and the associated improvements, neither of which change with the additional property. Pursuant to Section 2-706.1 of the Santa Ana Municipal Code, staff therefore recommends a lot line adjustment to effectively transfer a 4,283-square-foot portion of City property to Mr. and Mrs. Andres for a payment of $4,000. A 10-foot-wide easement will be reserved by the City to access, inspect, maintain, and improve the retaining wall near the new boundary line. The engineering costs associated with the mapping and documentation was paid by Mr. and Mrs. Andres for this Lot Line Adjustment (Exhibit 3). Following recordation of the Lot Line Adjustment, a grant deed (Exhibit 4) must be recorded to complete the process as required by state statute (Subdivision Map Act). A Purchase and Sale Agreement between the parties will memorialize the transaction and ties together the Lot Line adjustment, the Grant Deed, the retaining wall easement reservation, and the purchase price (Exhibit 5). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 60A-2 Appropriation Adjustment and Purchase and Sale Agreement for portion of City -Owned Property at 2501 North Flower Street June 4, 2019 Page 2 FISCAL IMPACT Proceeds in the amount of $4,000 from the sale of land at 2501 North Flower Street will be received into the General Fund Miscellaneous Revenue account (No. 01102002-57071). Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSSNVG/fH Exhibits: 1. Aerial Map 2. Field Pictures 3. Lot Line Adjustment Exhibits 4. Grant Deed 5. Purchase and Sale Agreement APPROVED AS TO FUNDS AND ACCOUNTS: KatlYryn Downs, CPA Executive Director Finance and Management Services Agency 60A-3 60A-4 (VICINITY MAP) PARK LANE I EX ISTING) (AFTER BOUNDARY ADJUSTMENT) CREEK WALL CREEK WALL — — — — ANDRES' PROPERTY LIMITS — — — — ANDRES' PROPERTY LIMITS EXHIBIT 1 S M1TA ANA Title:�1 CIIY c�� SANTIAGO CREEK BOUNDARY P� WA ADJUSTMENT - 2467 NORTH RIVERSIDE DRIVE \ , GARPGE ��. . CREEK BALL / 1` WALL + ^ it w .y TENNIS .COURT x s CREEK WAL"t _ _ .1 m EXHIBIT 3 Planning and Building Agency Planning Division (' 20 Civic Center Plaza - P.O. Box 1988 (M-20) 1 I III Santa Ana, CA 92702 (714)647-5804 vrmv.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (LEGAL DESCRIPTION) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY-ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION PARCEL 1: LOTS 6, 7 AND 8 OF TRACT NO. 754, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 22, PAGE 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH: THAT PORTION OF GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE NORTH 64'32'02" EAST 1.29 FEET ALONG THE NORTHERLY LINE OF LOT 9 OF SAID TRACT NO. 754; THENCE NORTH 9'16'50" WEST 10.43 FEET; THENCE SOUTH 76'15'50" WEST 27.78 FEET; THENCE SOUTH 77'52'34" WEST 20.54 FEET; THENCE SOUTH 75'56'05" WEST 25.15 FEET; THENCE SOUTH 73'34'48" WEST 23.47 FEET; THENCE SOUTH 69'44'44" WEST 24.27 FEET, THENCE SOUTH 67'52'46" WEST 22.89 FEET; THENCE SOUTH 56'39'32" WEST 22.75 FEET; THENCE SOUTH 65'37'56" 5.79 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID LOT 6; THENCE SOUTH 26'35'33" EAST 33.56 FEET ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64'32'02" EAST 165.70 FEET ALONG THE NORTHERLY LINE OF SAID LOTS 6, 7, AND 8 TO THE POINT OF BEGINNING. CONTAINED WITHIN SAID PARCEL 1, 26,986 SQUARE FEET, 0.619 ACRES MORE OR LESS. PARCEL 2: THAT PORTION, OF THE SANTIAGO CREEK CHANNEL E08 AS DESCRIBED BY GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191. EXCEPTING THEREFROM THAT PORTION OF SAID GRANT DEED, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE NORTH 64'32'02" EAST 1.29 FEET ALONG THE NORTHERLY LINE OF LOT 9 OF SAID TRACT NO. 754; THENCE NORTH 9'16'50" WEST 10.43 FEET; THENCE SOUTH 76'15'50" WEST 27.78 FEET; THENCE SOUTH 77'52'34" WEST 20.54 FEET; THENCE SOUTH 75'56'05" WEST 25.15 FEET, THENCE SOUTH 73'34'48" WEST 23.47 FEET; THENCE SOUTH 69'44'44" WEST 24.27 FEET; THENCE SOUTH 67'52'46" WEST 22.89 FEET; THENCE SOUTH 66'39'32" WEST 22.75 FEET; THENCE SOUTH 65'37'56" 5.79 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID LOT 6; THENCE SOUTH 26'35'33" EAST 33.56 FEET ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64'32'02" EAST 165.70 FEET ALONG THE NORTHERLY LINE OF SAID LOTS 6, 7, AND 8 TO THE POINT OF BEGINNING. EXHIBIT "An SHEET 1 OF 2 60A-9 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 vmv.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (LEGAL DESCRIPTION) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION CONTAINED WITHIN SAID PARCEL 2 177,592 SQUARE FEET, 4.077 ACRES MORE OR LESS. SUBJECT TO ALL MATTERS OF RECORD, IF ANY. SUBJECT TO A RETAINING WALL EASEMENT TO BE RESERVED BY DEED FOLLOWING THE RECORDING OF THIS LOT LINE ADJUSTMENT. ATTACHED HERETO IS A PLAT LABELED EXHIBIT "B", AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. rr rs i7 VOR . RICE, P.L.S. 9862 EXHIBIT "All SHEET 2 OF 2 60A-10 Planning and Building Agency Planning Division 20 Civic Center Plaza { P.O. Box 1988 (M-20) i i l l l Santa Ana, CA 92702 (714)647-5804 w .santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO.2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION N81'52'14"W �V dip i00 00 I "1 F- W 40' cc F- CO IX r- LLI O 04 o Lq Z°WI IIo 623.38' PARCEL 2 AREA = 177,592 SQUARE FEET 9���� 4.077 ACRES 1%@ PORTION OF LAND DESCRIBED , $ IN DEED RECORDED IN BOOK '° 460, PAGE 471, O.R. 2B8 4°QoRG q O� \ 4 a V o o 4/ 14 SCALE: 1 "=100' IN 59, I �aLLI 663.61, I w W (n - NO2'01'07"E W 57.5]' I N83'26'55"E J 264.64 ' _ H I Q OO p � U7 I Cy a b a Q a Q d d e d d d I 140' d � THIS EXHIBIT WAS PREPARED / 15011 UNDER BY ME OR MY DIRECT SUPERVISION. ;;0fICE, P.L.S. 8862 EXHIBIT "B" SHEET 1 OF 4 60A-11 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) i i l 11 Santa Ana, CA 92702 (714)647-5804 w .santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND 002-050-05 AND 1 SUCCESSOR TRUSTEES THERETO PORTION OF 002-020-37 THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PORTION OF 002-020-37 2 ' 0 I r N88'00'38"E N88'59'56"E NO2'01'07"E 57.51' N34'164 65' 865.41' - PARCEL 2 663.64' AREA = 177,592 SQUARE FEET NO2'02'08"E 4.077 ACRES 72.60' ------ RIVERSIDE DRIVE SCALE: 1 "=100' N85'21'23"E 4pQ 4 GvJ o Tm d d d d EXHIBIT "B" A 327.4b 0 F' h �777 �/P1P O NNoIMIo C5L5 ITT SHEET 2 OF 4 60A-12 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 w .santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION U) 14-\,,-L131 i L7 PARCEL 2 10MI910 0 OO n M/9 `]9 KZ -NORTH LINE OF PARCEL 1 9 � - _ C LF �- L3 64'32'02"E L4 - -165.70`�/� L5 4M@4 MOO , 794 PARCEL 1 AREA = 26,986 SQUARE FEET 0.619 ACRES N Z N C3 z L1 L2 �- C2 '�N63'21'28"E 89.52'�� � C1 -� to RIVERSIDE DRIVE DETAIL SEE SHEET 4 -> L7 OF EXHIBIT "B' i POINT OF BEGINNING LINE DATA: L1 - N63'21'28"E L2 - N63'21'28"E L3 - N64'32'02"E L4 - N64'32'02"E L5 - N64'32'02"E L6 - N64'32'02"E L7 - N09'16'50"W L8 - N76'15'50"E L9 - N77'52'34"E L10 - N75'56'05"E L11 - N73'34'48"E L12 - N69'44'44"E L13 - N67'52'46"E L14 - N66'39'32"E L15 - N65'37'56"E L16 - N26'35'33"W 49.98' 39.54' 50.02' 52.65' 63.03' 1.29' 10.43' 27.78' 20.54' 25.15' 23.47' 24.27' 22.89' 22.75' 5.79' 33.56' SCALE: 1 "=40' EXHIBIT "B" SHEET 3 OF 4 60A-13 Planning and Building Agency Planning Division m 20 Civic Center Plaza P.O. Box 1988 (M-20) I Santa Ana, CA 92702 (714)647-5804 vvurw.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO.2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PORTION OF 002-020-37 2 NOTE: ATTACHED HERETO AND MADE A PART OF EXHIBIT "A" THE DATA SHOWN HEREON IS A BOUNDARY SURVEY, BUT IS RECORD OF SURVEY 89-1033, LAND AREA: PARCEL 1: 26,986 SQUARE FEET 0.619 ACRES PARCEL 2: 177,592 SQUARE FEET 4.077 ACRES LEGEND: NOT THE RESULT OF RECORD DATA PER R.S.B. 125/16-22 SCALE: 1 "=10' PROPOSED PARCEL 1 ►�mm,, &rAm 110Q@O MMEa N64.32'02"E 165.70" , b¢ POINT OF ' aO4 BEGINNING I ;4nG3�Gd1�O}�4 Gr1�0O o r�47 N Uj LSONILl @1 DETAIL i e� - - - - - - - - - EXISTING LOT LINE TO BE ADJUSTED EXISTING LOT LINE ---- -------- - EASEMENT LINE - - - - - - - - - - - CENTERLINE l0J AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED 6/07/1926 IN BOOK 655 PAGE 173, OF DEEDS. BO- COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED IN BOOK 459, PAGE 491 OF OFFICIAL RECORDS. SCALE: 1=10' RADIAL DATA: RAD. 1: N26'38'25"W RAD. 2: N25'35'23"W RAD. 3: N20'33'47"W CURVE DATA: Co- 10.00' EASEMENT FOR RETAINING WALL, ACCESS, Cl: R=570.00' C3: R=570.00' MAINTENANCE AND IMPROVEMENT PURPOSES A=6'04'38" A-1'03'01" RESERVED TO THE CITY OF SANTA ANA L=60.46' L=10.45' EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES SHOWN ON EXHIBIT "C" OF C2: R=570.00' C4: R=17138.80' THIS LOT LINE ADJUSTMENT. SAID EASEMENT A=5'01'37" A=00'32'12" WILL BE RECORDED BY SEPARATE DOCUMENT L=50.01' L=80.27' AFTER THE FILING OF THIS LOT LINE ADJUSTMENT. EXHIBIT "B" SHEET 4 OF 4 60A-14 Planning and Building Agency I Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 . vmv.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (SITE PLAN) ATTACHED HERETO TO EXHIBIT "A" FOR REFERENCE ONLY OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION .Y OF P.L.) CONCRETE TENNIS COURT mm'19 PQ� . 1, HIG NOTE: ROCK WALL CHAIN LINK FENCE (S'LY FACE 0.5' ATOP WALL SEE SHEET 2 OF LY OF P.L.) PORTION OF APN EXHIBIT FOR 002-020-37 T EASEMENT NOTE AND SLOPE to LEGEND _ C 57' HIGH ROCK WALL a r—GRAVEL=� Q ti , " (STY FACE 0.5' WILY OF P.L.) SWIMMING 1—STORY O.14'CLEAR OOL BUILDING OF B.L. 835 S ' F7 0.33' CLEAR OF �-PLANTER J AREA 3 O o O�O� m P 2 STORIES BUILDING 2,456 SO. FT. (GROUND) ----....oiiiioiiaoii ioo�oo�///////////////�aoi2 TRACT NO. 754 .' , M.M. 22 ' 37 •` 'Mo % 12.25' SCALE: 1 "=30' RIVERSIDE DRIVE EXHIBIT "C° ' SHEET 1 OF 60A-15 Planning and Building Agency mPlanning Division l20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 www.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (SITE PLAN) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND 002-050-05 AND 1 SUCCESSOR TRUSTEES THERETO PORTION OF 002-020-37 THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PORTION OF 002-020-37 2 LEGEND: PROPOSED PARCEL 1 EXISTING LOT LINE TO BE REMOVED EXISTING LOT LINE - - - - - - - - - EASEMENT LINE BUILDING LINE X X CHAINLINK FENCE BLOCK WALL CONCRETE PAVEMENT AO- AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED 6/07/1926 IN BOOK 655 PAGE 173, OF DEEDS. OB - COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED IN BOOK 459, PAGE 491 OF OFFICIAL RECORDS. OC - 10.00' EASEMENT FOR RETAINING WALL, ACCESS, MAINTENANCE AND IMPROVEMENT PURPOSES RESERVED TO THE CITY OF SANTA ANA EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES SHOWN ON PAGE 1 OF THIS EXHIBIT "C". SAID EASEMENT WILL BE RECORDED BY SEPARATE DOCUMENT AFTER THE FILING OF THIS LOT LINE ADJUSTMENT. EXHIBIT "C" SHEET 2OF2 60A-16 EXHIBIT 4 When recorded, please mail this Instrument to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M30 Santa Ana, California 92701 Free recording requested by The City of Santa Ana per Government Code Section 6103 SPACE ABOVE THIS LINE FOR RECORDERS USE Cancel Approved AS TO Approved By Desrription Description AP. Number RAN Map Number Protect Taxes Form BY Aby. DlreCtor Written BY Checked-0.K I Number T.D.R. A.C. 002-020-37 NW 57 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California Deed No. 8644 Does Hereby Grant to Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto, the real property in the City of Santa Ana, County of Orange, State of California, described as follows: That portion of Parcel 1 of Lot Line Adjustment No. 2017-02, recorded as Instrument No. in the Official Records of Orange County, said portion described in Exhibit "A" attached hereto and by this reference made a part hereof, reserving an easement over said portion to the CITY OF SANTA ANA for retaining wall and other purposes as described in said Exhibit "A". City shall have no obligation to repair or replace any improvements within the retaining wall easement area that either currently exist or may thereafter be constructed. 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. Dated: } STATE OF CALIFORNIA }SS. COUNTY OF } For. The CITY OF SANTA ANA By: On before me, By: 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 entity upon 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 (This area for official notarial seal) 60A-17 EXHIBIT "A" LEGAL DESCRIPTION TO ACCOMPANY GRANT DEED FOR PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO.2017-02 FROM THE CITY OF SANTA ANA TO EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND SUCCESSORS TRUSTEES THERETO IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191, DESCRIBED AS FOLLOWS: BEGINNING AT TIIE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE NORTH 64°32'02" EAST 1.29 FEET ALONG THE NORTHERLY LINE OF LOT 9 OF SAID TRACT NO. 754; THENCE NORTH 9016'50" WEST 10.43 FEET; THENCE SOUTH 76°15'50" WEST 27.78 FEET; THENCE SOUTH 77052'34" WEST 20.54 FEET; THENCE SOUTH 75°56'05" WEST 25.15 FEET; THENCE SOUTH 73034'48" WEST 23.47 FEET; THENCE SOUTH 69°44'44" WEST 24.27 FEET; THENCE SOUTH 67052'46" WEST 22.89 FEET; THENCE SOUTH 66°39'32" WEST 22.75 FEET; THENCE SOUTH 65037'56" 5.79 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID LOT 6; THENCE SOUTH 26035'33" EAST 33.56 FEET ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64°32'02" EAST 165.70 FEET ALONG THE NORTHERLY LINE OF SAID LOTS 6, 7, AND 8 TO THE POINT OF BEGINNING. CONTAINING 4,283 SQUARE FEET, MORE OR LESS. RESERVING A TEN (10.00) FOOT WIDE EASEMENT ALONG THE NORTHERLY LINE OF SAID LAND TO THE CITY OF SANTA ANA FOR RETAINING WALL, ACCESS, MAINTENANCE AND IMPROVEMENT PURPOSES, EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES AS SHOWN ON EXHIBIT "C" OF LOT LINE ADJUSTMENT NO. 2017-02. SEE EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF FOR TIIE LIMITS OF THE ABOVE DESCRIBED LAND AND EASEMENT RESERVATION. SEE EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF FOR SAID LOT LINE ADJUSTMENT NO. 2017-02. THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. VOR D. RICE, PLS 8862 SIGNED: 11/15/17 D. Woolley & Associates, Inc., 2832 Walnut Avenue, Suite A, Tustin, California 92780 David E. Woolley, Professional Land Surveyor 7304 This document is marked preliminary unless signed. 60A-18 EXHIBIT "B" PLAT PARCEL 2 15cOflaHMIM DC�C�D C30O OO f� 9 6g/9 g9 U3 1 OIJORTFi 4o s@4HI o MS I n PARCEL 1 AREA = 26,986 SQUARE FEET 0.619 ACRES c� �OQ �OQ �OQ L1 N63'21'28"E M RIVERSIDE SCALE: 1 "=40' N.M. L52 / ow C3 - L2 89.52' � \ DRIVE \9O THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. `?i IIIlS I-7 VOR D. RICE, P.LiS. �8862 0 N 0 N z DETAIL SEE SHEET 2 L7 OF EXHIBIT "B" L6 -POINT OF BEGINNING C2 �- \ LINE DATA: L1 - L2 - L3 - L4 - L5 - L6 - L7 - L8 - L9 - L10 - L11 - L12 - L13 - L14 - L15 - L16 - N63'21'28"E N63'21'28"E N64'32'02"E N64'32'02"E N64'32'02"E N64'32'02"E N09'16'50"W N76'15'50"E N77'52'34"E N75'56'05"E N73'34'48"E N69'44'44"E N67'52'46"E N66'39'32"E N65'37'56"E N2635'33"W 49.98' 39.54' 50.02' 52.65' 63.03' 1.29' 10.43' 27.78' 20.54' 25.15' 23.47' 24.27' 22.89' 22.75' 5.79' 33.56' ®- PORTION OF LAND DESCRIBED IN GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191 CONVEYED FROM THE CITY OF SANTA ANA TO EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND SUCCESSORS TRUSTEES THERETO. SHEET 1 OF 2 60A-19 EXHIBIT "B" PLAT NOTE: •�—wft. � 4�Q@0 9121 n `O% ATTACHED HERETO AND MADE A PART OF EXHIBIT "A" M&M nMLRLL ,♦ THE DATA SHOWN HEREON IS NOT THE RESULT OF D( C�DD C30O OO C� 6g/� g� % A BOUNDARY SURVEY, BUT IS RECORD DATA PER •� RECORD OF SURVEY 89-1033, R.S.B. 125/16-22 N6432'02"E 165.70' -- L5 1 L6 -M -- b¢ POINT OF LAND AREA: m BEGINNING �O4 PARCEL 1: ,4G3G\@U H@. T&Z [L@U ge 26,986 SQUARE FEET SCALE: 1"=10 N 0.619 ACRES �/� �/� ♦ URJoNNo 22 / �Y,7 Z PARCEL S 177,592 SQUARE FEET ' DETAIL I � 4.077 ACRES SCALE: 1=10' LEGEND: PROPOSED PARCEL 1 - - - - - - - - - EXISTING LOT LINE TO BE ADJUSTED RADIAL DATA: EXISTING LOT LINE RAD. 1: N26'38'25"W - — EASEMENT LINE - - - - - - - - - - - CENTERLINE RAD. 2: N25'35'23"W Ao- AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT RAD. 3: N20'33'47"W FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED 6/07/1926 IN BOOK 655 PAGE 173, OF DEEDS. Bo- COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED IN BOOK 459, PAGE 491 OF OFFICIAL RECORDS. CURVE DATA: CO- 10.00' EASEMENT FOR RETAINING WALL, ACCESS, Cl- R=570.00' C3: R=570.00' MAINTENANCE AND IMPROVEMENT PURPOSES 6=6'04'38" A=1'03'01" RESERVED TO THE CITY OF SANTA ANA EXCEPTING THEREFROM THE LOCATIONS OF L=60.46' L=10.45' EXISTING STRUCTURES SHOWN ON EXHIBIT "C" OF THIS LOT LINE ADJUSTMENT. SAID EASEMENT C2: R=570.00' C4: R=17138.80' WILL BE RECORDED BY SEPARATE DOCUMENT A=5'01'37" A--00'32'12" AFTER THE FILING OF THIS LOT LINE ADJUSTMENT. L=50.01' L=80.27' SHEET 2OF2 60A-20 Planning and Building Agency EilPlanning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 wvnrv.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (SITE PLAN) ATTACHED HERETO TO EXHIBIT "A" FOR REFERENCE ONLY OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION ` 0.5' N'LY OF P.L.) ROCK WALL (S'LY FACE 0.5' LY OF P.L.) CONCRETE GUTTER SLOPE ¢ GRAVE I - - T-- TT SWIMMING r7r•' :� OOL TENNIS COURT ,,—PLANTER J AREA 3 O Q 6 o bO m Opry/ PQa� CHAIN LINK FENCE NOTE: ATOP WALL SEE SHEET 2 OF PORTION OF APN EXHIBIT "C' FOR 002-020-37 EASEMENT NOTE AND LEGEND 1-STORY R BUILDING 2 STORIES BUILDING 2,456 SQ. FT. (GROUND)j.�..: �':..- P L1Vllon o CSCS' NJU I Opry p¢ Q�. P RIVERSIDE DRIVE EXHIBIT "C" 60A-21 LY FACE 0.5' .Y OF P.L.) 14'CLEAR OF L. 0.33'CLEAR OF MOB g 12.25' SCALE: 1 "=30' SHEET 1 OF 2 60A-22 EXHIBIT 5 PURCHASE AND SALE AGREEMENT Property APN: Portion of 002-020-37 immediately adjacent to APN No. 002-050-05 (latter commonly known as 2467 N. Riverside Drive, Santa Ana, California) THIS PURCHASE AND SALE AGREEMENT ("Agreement") dated, for reference purposes only, as of June 4, 2019, is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the state of California ("Seller"), and Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto ("Buyer"), with reference to the following. RECITALS A. Seller owns that certain land bearing APN No. 002-020-37, commonly known as 2501 N. Flower Street, Santa Ana, California, as more specifically described on Exhibit A ("Seller's Property"). B. Buyer owns that certain land bearing APN No. 002-050-05, commonly known as 2467 N. Riverside Drive, Santa Ana, California, as more specifically described on Exhibit B ("Buyer's Property"). C. In contemplation of a lot line adjustment by Buyer, Seller wishes to sell, and Buyer wishes to purchase, that portion of Seller's Property that lies immediately adjacent to Buyer's Property, as more specifically described in the form of grant deed appearing as Exhibit C ("Conveyed Property"). D. Situated between the Conveyed Property and the drainage course known as Santiago Creek, is a retaining wall which will remain within the Seller's Property. E. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Conveyed Property. AGREEMENT The parties therefore agree as follows: 1. Agreement to Sell and to Purchase. Subject to the terms and conditions of this Agreement, Seller agrees to sell and convey, and Buyer agrees to purchase, the Conveyed Property. 2. Purchase Price. In full and complete payment for a fee interest in the Conveyed Property, Buyer shall pay to Seller the sum of Four Thousand Dollars and No Cents ($4,000.00) no later than thirty (30) days following full execution of this Agreement. 3. Grant Deed. Upon payment of the purchase price, Seller agrees to convey the Conveyed Property to Buyer by grant deed, a copy of which is attached as Exhibit C and is Page 1 of 4 60A-23 incorporated herein by reference. Effective at recordation of such deed, Seller hereby grants Buyer physical and legal possession of the Conveyed Property. 4. Easement in Favor of Seller. Seller will reserve within the grant deed a perpetual easement and right-of-way within a portion of the Conveyed Property to access, inspect, maintain, and replace, if necessary, the retaining wall situated north of the Conveyed Property as appearing on Exhibit C as the "Rock Wall." City shall have no obligation to repair or replace any improvements within the easement area that either currently exist or may thereafter be constructed. 5. Transfer Costs. Seller shall pay the cost of all documentary transfer fees and recording fees, as may be applicable, and all other costs and expenses incurred related to the sale of the Conveyed Property to Buyer. 6. As -Is Condition of Conveyed Property. Buyer acknowledges that Buyer is purchasing the Conveyed Property with full knowledge of its condition and that no representations or warranties of any kind whatsoever, express or implied, have been made by Seller. Buyer further agrees to purchase the Conveyed Property in "AS -IS" condition with any and all faults. 7. No Warranties. Buyer acknowledges and agrees that except for the express representations, warranties and covenants of Seller set forth in this Agreement, Seller has not made, does not make, and specifically disclaims any and all representations, warranties, promises, covenants, agreements, or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present, or future, of, as to, concerning or with respect to the Conveyed Property, including, but not limited to: (a) the nature, quality, or condition of the Conveyed Property; (b) any income to be derived from the Conveyed Property; (c) the suitability of the Conveyed Property for any and all activities and uses which Buyer may conduct thereon; (d) the compliance of or by the Conveyed Property or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, but not limited to, any state or federal environmental law, rule or regulation; (e) the habitability, merchantability, or fitness of the Conveyed Property for a particular purpose; or (f) any other matter with respect to the Conveyed Property. Notwithstanding anything herein to the contrary, Seller is conveying the Conveyed Property to Buyer "as is, where is", and with all faults and specifically and expressly without any warranties, representations, or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the Seller, except for the representations, warranties and covenants of Seller set forth in this agreement. 8. Taxes. Seller, as a government agency, has not been subject to real property tax assessment on the Conveyed Property. Transfer of title to Buyer by grant deed will subject the Conveyed Property to an assessment from the Orange County Office of the Assessor and shall be the sole obligation of the Buyer henceforth. 9. Assignment. Buyer and Seller agree that this Agreement shall be binding upon their respective heirs, executors, administrators, successors or assigns. Page 2 of 4 60A-24 10. Notices. Any notice either party may or is required to give the other shall be in writing, and shall be either personally delivered or sent by registered or certified United States mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time notice is delivered to the address below. Either party may designate by written notice to the other party another address for notice. To Seller: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council 11. Miscellaneous Provisions. To Buyer: Eugen Charles Andres IH and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto 2467 N. Riverside Drive Santa Ana, CA 92706 11.1. Waiver. The waiver of any provision of this Agreement shall be invalid unless evidenced by a writing signed by the party to be charged therewith. The waiver of, or failure to enforce, any provision of this Agreement shall not be a waiver of any further breach of such provision or of any other provision hereof. The waiver by either or both parties of the time for performing an act shall not be a waiver of the time for performing any other act or acts required hereunder. 11.2. Modifications. No change or addition to this Agreement or any part hereof shall be valid unless in writing and signed by each of the parties. 11.3. Governing Law. This Agreement shall be governed by California law. Venue for any dispute arising from or relating to this Agreement shall be the state and federal courts located in Orange County, California. 11.4. Headings. The headings in this Agreement are for convenience only and shall not be used to interpret this Agreement. 11.5. Further Acts. Each party agrees to take such further action and to execute and deliver such further documents as may be necessary to cant' out the purposes of this Agreement. 11.6. No Attorney's Fees. If either party incurs attorney's fees to enforce this Agreement or because of a breach of this Agreement by the other party, the prevailing party shall not be entitled to recover attorneys' fees from the other party. 11.7. Time. Time is of the essence with respect to this Agreement. 11.8. Complete Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter herein. There are no representations, agreements, arrangements, or understandings, verbal or written, between the parties hereto, relating to the subject matter herein, that are not fully expressed herein. Page 3 of 60A-25 11.9. Authority to Execute Agreement. Each individual executing this Agreement on behalf of an entity represents and warrants that lie or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement. 11.10. Counterparts. This Agreement may be executed in counterparts, including by facsimile or electronic mail, each of which so executed counterpart shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF SANTA ANA Kristine Ridge City Manager BUYER: Eugen Charles Andres 111, Ann Avery Andres, APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: %� M(rt' John unk Assistant City Attorney ATTEST Norma Mitre Acting Clerk of the Council Andres 1986 1986 Living Trust Page 4 of 4 Trust PURCHASE AND SALE AGREEMENT EXHIBIT A SELLER'S PROPERTY LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: ALL THAT PORTION OF LOT 26 LYING EAST OF THE EAST LINE OF LOTS 4 AND 9, AND THAT PORTION OF SAID LOTS 4 AND 26 LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID LOT 26,417 FEET SOUTH 1° 02-34' WEST OF THE SOUTHWEST CORNER OF SAID LOT 9, AND RUNNING THENCE NORTH 56° 32-W EAST 174.5 FEET; THENCE NORTH 630 32-Y' EAST 288.4 FEET; AND THENCE NORTH 820 27-Yi' EAST 263.30 FEET; MORE OF LESS, TO THE EAST LINE OF SAID LOT 4; ALL IN THE "POTTS, BORDEN AND SIDWELL TRACT", AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANIOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING WITHIN THOSE PORTIONS AS CONVEYED TO THE STATE OF CALIFORNIA, EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING WITHIN THOSE PORTIONS AS CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEEDS RECORDED JUNE 10, 1992 AS INSTRUMENT NO. 1992-391904 OF OFFICIAL RECORDS AND RECORDED MAY 22, 2002 AS INSTRUMENT NO.2002-432665 OF OFFICIAL RECORDS. APN: 002-020-37 60A-27 PURCHASE AND SALE AGREEMENT EXHIBIT B BUYER'S PROPERTY LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOTS 6,7 AND 8 OF TRACT NO.754, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 22, PAGE 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 002-050-05 �. 1 PURCHASE AND SALE AGREEMENT When recorded, please mail this Instrument to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by The City of Santa Ana per Government Code Section 6103. EXHIBIT C GRANT DEED SPACE ABOVE THIS LINE FOR RECORDERS USE Caned Apix w AS TO APpmvad BY Deauiption Doeulplion A.P. Number RAYMep Number Pmjod Tues Ferri BY Airy. Director written BY I Checka!-OX 1 Number I T.D.R. I A.C. 002-020-37 NW 57 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California Deed No. 8644 Does Hereby Grant to Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto, the real property In the City of Santa Ana, County of Orange, State of California, described as follows: That portion of Parcel 1 of Lot Line Adjustment No. 2017-02, recorded as Instrument No. in the Official Records of Orange County, said portion described in Exhibit "A" attached hereto and by this reference made a part hereof, reserving an easement over said portion to the CITY OF SANTA ANA for retaining wall and other purposes as described In said Exhibit "A". City shall have no obligation to repair or replace any improvements within the retaining wall easement area that either currently exist or may thereafter be constructed. 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, end not Ne truthfulness, accuracy, or validity of that document. For. The CITY OF SANTA ANA Dated: } STATE OF CALIFORNIA }SS. COUNTY OF ) before me, personally appeared who proved to me on the basis of satisfactory evidence to be the perscn(s) whose morels) is/are subscribed to the within instrument and acknowledged to me that he/shellhey executed the same in hiaedtheir authorized capacity(es), and that by hisfhentheir signature(s) on the Instrument the person(s) or entity upon 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. (this area for Oftial ndarid seal) 60A-29 PAGE 1 OF 5 PURCHASE AND SALE AGREEMENT EXHIBIT C GRANT DEED EXHIBIT A TO GRANT DEED LEGAL DESCRIPTION TO ACCORIPANY CRANT DEED FOR PORTION OF PARCEL I OF LOT LINE ADJUST LENT NO.2017-02 FROBI THE CITY OF SANTA ANA TO EUGEN CHARLES ANDRES III AND ANN AVERT' ANDRES, TRUSTEES OF TIIE ANDRES 1986 LIVING TRUST AND SUCCESSORS TRUSTEES TIIERETO N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE. OF CALIFORNIA, BEING A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 8: THENCE NORTH 64°32'02" EAST 1.29 FEET ALONG THE NORTHERLY LINE OI' LOT9 OF SAID TRACT- NO. 754; THENCE NORTH 9016'50" WEST 10.43 FEET: THENCE SOUTH 76015'50" WEST 27.78 FEET; THENCE SOUTH 77052'34" WEs•r 20.54 FEET; THENCE SOUTH 75"56'05" WEST25.15 FEET; THENCE SOUTH 7303448" WEST 23.47 FEET; THENCE SOUTH 6914014" WEST 24.27 FEET; THENCE SOUTH 6705246" WEST 22.89 FEET; THENCE SOUTH 66°39'32" WEST 22.75 FEET; THENCE SOUTH 65037'56" 5.79 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID LOT 6; THENCE SOUTH 2603533" EAST 33.56 FELT ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64°32'02" EAST 165.70 FEET ALONG THE NORTI IFRLY LINE OF SAID LOTS 6, 7. AND S TO THE POINT OF BEGINNING. CONTAINING 4,283 SQUARE FEET. MORE OR LESS. RESERVING A TEN (10.00) FOOT WIDE EASEMEI\rr ALONG-1.1lE• NORTHERLY LINE OF SAID LAND TO THE CITY OF SANTA ANA FOR RETAINING WALL, ACCESS, MAINTENANCE AND IMPROVEMENT PURPOSES, EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES AS SHOWN ON EXHIBIT "C" OF LOTLINE ADJUSTMENT NO.2017-02. SEE EXHIBIT "B" ATI'ACI[ED IIERETO AND MADE A PART I IEREOF FOR TI I LIMITS OF TIIE ABOVE DESCRIBED LAND AND EASEMENT RESERVATION. SEE EXIIIBIT 'C" ATFACI [ED IIERETO AND MADE A PART HEREOF FOR SAID LOT LINE ADJUSTNIENT NO. 2017-02. THIS LEGAL DESCRIPTION IS NOT NTENDL'D FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. EVOR D. RICE, PLS 8862 SIGNED: 1115! 17 D. Woolley & Associates. Inc.. 2332 Walnut Avenue. Suile A. Tustin. California 92750 David F. Wtlollev, Professional Land Surveyor 7304 This document is marked preliminary unless signed. PAGE 2 OF 5 60A-30 J E M in in n 04 N z PURCHASE AND SALE AGREEMENT EXHIBIT C GRANT DEED EXHIBIT "B" TO GRANT DEED PLAT PARCEL 2 �mmvomcmo @N[Emm @HmmH[Ea. 101212o aooa 1150/09 J L74 L13 L12 L" DETAIL NORTH LINE OR PARCEL 1 `70 L9 N64'32'02'E�� C C8 ` SEE SHEET 2 L3� �� /165J0' L7 OF EXHIBIT "B" � VV PARCEL 1 AREA = 26,986 SQUARE FEET 0.619 ACRES �@ Li -�I —L2 `1\163'21'28"E M RIVERSIDE SCALE: 1 "=40' bOa F IRNaWlln CSCS � N!O p N z 89.52' � P DRIVE \\q THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. Z D. RICE, VOR ICE, P.L.S. 8862 C Cl � �L6 - POINT OF BEGINNING LINE DATA: L1 - N63'21'28"E 49.98' L2 - N63'21'28"E 39.54' L3 - N64'32'02"E 50.02' L4 - N6432'02"E 52.65' L5 - N64'32'02"E 63.03' L6 - N64'32'02"E 1.29' L7 - N09'16'50" W 10.43' L8 - N76'15'50"E 27.78' L9 - N77'52'34"E 20.54' L10 - N75'56'05"E 25.15' L11 - N73'34'48"E 23.47' L12 - N69'44'44'E 24.27' L13 - N67'52'46"E 22.89' L14 - N66'39'32"E 22.75' L15 - N65'37'56"E 5.79' L16 - N26'35'33"W 33,56' PORTION OF LAND DESCRIBED IN GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191 CONVEYED FROM THE CITY OF SANTA ANA TO EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND SUCCESSORS TRUSTEES THERETO. PAGE 3 OF 5 60A-31 PURCHASE AND SALE AGREEMENT EXHIBIT C GRANT DEED EXHIBIT "B" TO GRANT DEED PLAT NOTE: ATTACHED HERETO AND MADE A PART OF EXHIBIT „A„ THE DATA SHOWN HEREON IS NOT THE RESULT OF A BOUNDARY SURVEY, BUT IS RECORD DATA PER RECORD OF SURVEY 89-1033, R.S.B. 125/16-22 LAND AREA: PARCEL 1: 26,986 SQUARE FEET 0.619 ACRES PARCEL 2_: 177,592 SQUARE FEET 4.077 ACRES LEGEND: SCALE: 1 "=10' PROPOSED PARCEL EXISTING LOT LINE EXISTING LOT LINE EASEMENT LINE CENTERLINE o ® v m o 2S1pAr �QC'r3(01 c(--n[EfET�O4 @M&G mml c DIECD D�@ C,i e ok — N64'32'02"E 165.70' 0 L5 0 L6 U 0 �a POINT OF ` d174 BEGINNING I �4GQG/'�4 G�Oo ��7��i N'd L@V go �/ � e Uill.N. 22 � owN e z � % DETAIL 0 SCALE: 1=10' v ®® m 1 TO BE ADJUSTED Ao- AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED 6/07/1926 IN BOOK 655 PAGE 173, OF DEEDS. BO COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED IN BOOK 459, PAGE 491 OF OFFICIAL RECORDS. CO 10.00' EASEMENT FOR RETAINING WALL, ACCESS, MAINTENANCE AND IMPROVEMENT PURPOSES RESERVED TO THE CITY OF SANTA ANA EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES SHOWN ON EXHIBIT "C" OF THIS LOT LINE ADJUSTMENT. SAID EASEMENT WILL BE RECORDED BY SEPARATE DOCUMENT AFTER THE FILING OF THIS LOT LINE ADJUSTMENT. RADIAL DATA: RAD. 1: N2638'25"W RAD. 2: N2535'23"W RAD. 3: N20'33'47"W CURVE DATA: Cl' R=570.00' Cl A=6'04'38" L=60.46' C2: R=570.00' C4: A=5'01'37" L=50.01' R=570.00' A--1'03'01" L=10.45' R=17138.80' A=00'32'12" L=80.27' 60A-32 PAGE 4 OF 5 PURCHASE AND SALE AGREEMENT EXHIBIT C — Planning and BUilding Agency GRANT DEED Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) I� 111" Santa Ana, CA 92702 9 (714)647-5804 vn'nv,sanla-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 ~ (SITE PLAN) ATTACHED HERETO TO EXHIBIT "A' FOR REFERENCE ONLY OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002.050.05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION .5' N'LY OF P.L.) (5N FACE 0.5' 'LY OF P.L.) CONCRETE -GUTTER C SLOPE 1 GRAVE - TTTI 1.1I SWIMMING, OOL TENNIS COURT �- PLANTER � AREA 3 I / o/ 0Z P CHAIN LINK FENCE NOTE: ATOP WALL SEE SHEET 2 OF PORTION OF APN EXHIBIT "C" FOR l 002-020-37 EASEMENT NOTE AND LEGEND 2 STORIES BUILDING 2.456 SO. FT. (GROUND) o °rye °h P I NNoMo �� 0 N��II °O`Li Q�. P STORY BUILDING RIVERSIDE DRIVE EXHIBIT "C" TOGRANTDEED LY FACE 0.5' Y OF P.L.) 14'CLEAR OF 0LEAR OF B.L. '(50 12,25' i SCALE: 1 "= 30' 60A-33 PAGE 5 OF 5 60A-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 4, 2019 TITLE: APPROVED 0 As APPROVE APPROPRIATION ElAs Amended Recommended ADJUSTMENT TO TRANSFER GENERAL ❑ Ordinance on 151 Reading FUND BUDGET BETWEEN VARIOUS El Ordinance on Reading Re ❑ Implementing Resolution DEPARTMENTS FOR FISCAL YEAR 2018- ❑ set Public Hearing For 19 WITH NO NET FISCAL IMPACT (STRATEGIC PLAN NO. 4, 1, 3) CONTINUED TO FILE NUMBER CITY ER RECOMMENDED ACTION Approve the proposed maximum General Fund appropriation adjustment as follows. The actual appropriation adjustment between departments may be less, based upon final fiscal year-end amounts. Department Reason Amount City Manager's Office (CIVIC) Former City Manager separation payment, and payment of significant accrued leave for two other CMO employees who separated from the City $450,000 Non -Departmental Updated Information Technology Internal Service Allocations $300,000 Clerk of the Council Election Savings $ 250,000 Public Works Agency Staff Vacancy Savings $ 500,000 General Fund Net Impact 1 $0 DISCUSSION Per Section 609 of the Santa Ana Charter, spending cannot exceed the Council -approved appropriations by department within each fund. Soecifically, Section 609 of the Santa Ana Charter states that: "From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, agencies, and departments for the respective objects and purposes therein specified as stated in an appropriation ordinance. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. 60C-1 Appropriation Adjustment to transfer General Fund budget between departments June 4, 2019 Page 2 At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least two-thirds (213) of the members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget, except that the City Council shall not reduce that portion of the budget providing for the support of public recreation programs below the amount specified in section 607 of this article." Staff monitors the budget to ensure spending does not exceed appropriations. A recent analysis of General Fund expenditures suggests two departments will exceed FY18-19 budgeted appropriations. Staff recommends an appropriation adjustment to ensure budgetary compliance. STRATEGIC PLAN ALIGNMENT The recommended appropriation adjustment assists the City with meeting Goal #4, Objectives 1, and 3 — Maintain a stable, efficient and transparent financial environment; and maintain a structurally balanced budget with appropriate reserve levels. FISCAL IMPACT There is no net fiscal impact to the General Fund. The proposal would adjust the following accounting units by amounts up to the maximums listed. Department/Division Accounting Unit -Account Maximum Amount City Managers Office 01103010-61000 $450,000 Non -Departmental 01105015-65050 $300,000 Clerk of the Council 01107031-62300 $ 250,000 Public Works Agency/Traffic & Transportation 01117620-61000 $ 200,000 Public Works Agency/Sanitation 01117643-61000 $ 300,000 General Fund Net Fiscal Impact $0 APPROVED AS TO FUNDS AND ACCOUNTS: d-a-A Kathryn Down , CPA I-^^ Executive Director Finance and Management Services Agency 60C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: APPROVE THE FISCAL YEAR 2019 — 2020 EMERGENCY SOLUTIONS GRANTS PROGRAM FOR A TOTAL AMOUNT OF $493,582 (STRATEGIC PLAN NO. 5,6) N RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_1N:1091751ZIXI ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a renewal of the Fiscal Year 2019 - 2020 Emergency Solutions Grants Program in the amount of $493,582 from the United States Department of Housing and Urban Development. 2. Direct the City Attorney to finalize and authorize the City Manager and the Clerk of the Council to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved program for a term beginning July 1, 2019 through June 30, 2020 from the United States Department of Housing and Urban Development, subject to non -substantive changes approved by the City Manager and City Attorney. Organization F/\m Nul- Interval House — Emergency shelter as a result of domestic violence $ 36,315 Mercy House - Financial assistance for those at -risk of homelessness, rental assistance, case management and housing search placement. • $200,000 for the Link Emergency Shelter, $25,000 for Homeless Prevention and $91,491 for Rapid Re -Housing. $316,491 WISEPlace — Financial assistance, case management and housing search and placement. $ 31,128 HEART— Outreach and engagement by SAPD. $ 51,880 2-1-1 Orange County — Data collection. $ 20,750 Total For Non -Profit Organizations $456,564 Administration $ 37,018 TOTAL $493,582 60D-1 Fiscal Year 2019 - 2020 Emergency Solutions Grants Program June 4, 2019 Page 3 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its Regular Meeting on March 27, 2019, the Community Redevelopment and Housing Commission (CRHC) recommended that the City Council approve the FY 2019-20 Emergency Solutions Grants Program by a vote of (9:0). DISCUSSION The Emergency Solutions Grants (ESG) Program provides funds to assist sheltered and unsheltered homeless individuals, as well as those at risk of homelessness to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness. The United States Department of Housing and Urban Development (HUD) has changed the program's focus from addressing the needs of homeless individuals in emergency or transitional shelters to assisting people to regain stability in permanent housing. In 2015, an Orange County ESG Collaborative was formed between the cities of Anaheim, Santa Ana and Garden Grove. In December 2016, the Collaborative released a combined ESG Notice of Funding Availability (NOFA) for FY 2017-18 to support the Orange County Continuum of Care's goal to end homelessness. The NOFA aligned values and priorities to create maximum impact and to leverage funds. The NOFA included two possible one year renewals and reserved the right to redistribute funding. The Collaborative chose to exercise the renewal option for both FYs 2018-19 and 2019-20 funding. While funding recommendations are made collaboratively, ESG funds are to be used to provide eligible activities within each jurisdiction for which they are funded. Subrecipients awarded funding in FY 2018-19 and interested in FY 2019-20 funding, were required to re -submit a budget and program summary for FY 2019-20 ESG funding. The proposed FY 2019-20 ESG program funding includes $493,582 toward homeless services in Santa Ana. Exhibit 1 identifies the breakdown of FY 2019-20 recommendations. The funding recommendations are based upon applications received, performance and current needs identified by staff. The allocation is broken down by category to provide more detail on funds allocated to eligible ESG activities. A template of the grant agreement that will be executed with each organization after approval by City Council is provided as Exhibit 2. The memorandum of understanding with the Santa Ana Police department is provided as Exhibit 3. In FY 2019-20, $200,000 in ESG funds will be included as a second year source of funding for the operation of the Link Shelter. These funds will count towards Agreement number A-2018-221 and were previously identified as a possible source of funding anticipated to be available in the September 18, 2018 staff report to City Council. The grant agreement that will be executed with Mercy House after approval by City Council is provided as Exhibit 4. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents). 60D-2 Fiscal Year 2019 - 2020 Emergency Solutions Grants Program June 4, 2019 Page 3 FISCAL IMPACT Funds will be budgeted and available in the Emergency Solutions Grants account (no. 13518785- various) upon execution of a grant agreement between the City and HUD and adoption of the FY 2019-20 annual budget. It is anticipated that the ESG allocation will be expended as follows: Grant Year Program 2019 ESG 13518785-various Steven A. Mendoza Executive Director Community Development Agency Antic! Ole, in FY Amount $493,582 APPROVED AS TO FUNDS AND ACCOUNTS: 46!6 Kathryn wns, CPA alb Executive Director Finance and Management Services Agency Exhibits: 1. Santa Ana ESG Allocation Recommendations 2. Emergency Solutions Grant Agreement Template 3. Memorandum of Understanding with Santa Ana Police Department 4. Mercy House Emergency Solutions Grant Agreement o. 1� EXHIBIT 1 F* a m c m Ln Ln O 7 oN N U N v* to O O F 000 000 cl m a ti ei W ut ( u1 _ C if� t A. O +' y I O', O O CD O O O O C 7 O I O c4 .4 O O V CT N Y L O' N j 01 M 0 a c CCy 44 z o o V N ca r.4 + Wul m M I° r 3 c 1 O' O OI O if Ln 1 rni r~n LO Y O M M o OL o. o o o o o o o, o 0 0 o 00 C aoo m O '41 M, o o .O1-1 ID Ln, n .00-i o Ln Ln M: N 7 N .fV-I H VF V). VT y o M C O C_ M Uaj 0). W .L E o u tA +, ni s u' v ¢ o °:tea, a` � ¢ o za u N m CM F 0 M y W ++ OJ d NI E 10 N UW 'uw xx. m EXHIBIT 2 EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND (24 CFR Parts 91 and 576) THIS GRANT AGREEMENT, is hereby made and entered into this , 2019, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California, herein called the "CITY", and a California nonprofit organization, herein called the "SUBRECIPIENT". RECITALS: 1. The CITY is the recipient of Emergency Solutions Grant ("ESG") funds from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11371-11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re housing assistance. Catalogue of Federal Domestic Assistance ("CFDA") 14.231 and Federal Award Identification Number (FAIN) E-19-MC-06-0508. 2. The CITY has approved the provision of federal funds under the ESG to be used in the operation of an emergency solutions program ("program") for the homeless or at -risk of homelessness of the City of Santa Ana as further described by Exhibit A, Scope of Work, attached hereto and by this reference incorporated herein. 3. The SUBRECIPIENT represents that it has the requisite qualifications, expertise, and experience in the provision of emergency solutions programs for the homeless or at -risk of homelessness and is willing to use said federal funds to operate said program. 4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent housing, relocation and stabilization services, rapid re -housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living. 5. The SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed $ in grant funding for Shelter, Outreach Services, Rapid Re -Housing or Homeless Prevention. 6. This AGREEMENT is contingent upon the award of Emergency Solutions Grant funds from the United States Department of Housing and Urban Development. 7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT: 60D-7 I. SCOPE OF PROGRAM II. A. General Administration The SUBRECIPIENT agrees to implement this activity as set forth in detail in Exhibit A, Scope of Work, which shall provide a description of each activity, including the services to be performed, the person or entity providing the service, the estimated number of recipients of the service, and the manner and means of the services. B. Levels of Accomplishment— Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. C. Staffing The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. This AGREEMENT shall take effect on July 1, 2019, and shall terminate on June 30, 2020, unless otherwise cancelled or modified according to the terms of this AGREEMENT. The City was allocated $ in Emergency Solutions Grant funds under the McKinney-Vento Homeless Assistance Act for fiscal year 2019-2020 from the Department of Housing and Urban Development. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received under provisions of the Act a sum not to exceed $ for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. A. Amount and Expenditure End Date The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed $ from Emergency Solutions Grant (ESG) funds, as outlined in Exhibit B, Final Budget, and such funds shall be expended by the SUBRECIPIENT on or before June 30, 2020. SUBRECIPIENT has the ability to adjust line item amounts in the Budget with the written approval of the CITY's Executive Director of the Community Development Agency, so long as the total Budget amount does not increase. B. Invoicing Procedures The SUBRECIPIENT shall submit quarterly invoices (on or before the 15ie day of October, January, April, and July) in a form prescribed by the CITY, detailing such expenses. Such schedule may be modified with the approval of the CITY. 11i C. Payment Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment subject to the satisfaction of the condition precedent of submittal of complete invoicing and reporting information due on or before July 15 of the applicable funding year. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty -day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. D. Use of Funds The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said program only. Said amounts shall include and will be limited to, street outreach, emergency shelter, homelessness prevention, rapid re -housing assistance, housing relocation and stabilization services, short -tern and medium -term rental assistance, and Homeless Management Information Systems ("HMIS") data contribution as set forth in 24 CFR § 576.101 — § 576.107—Allowable program costs -are detailed -in -the Budget; asset-forth-in-Exhibit-B, attached -hereto and -by -this reference incorporated herein. The SUBRECIPIENTS failure to perform as required may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terns hereof. The SUBRECIPIENT agrees that the homeless shelter/services under said program shall be available for the entire period during which said funds are provided. E. Condition of Funding (1) The CITY advises [he SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of Federal, State or Local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any service which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT. F. Matching The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and �. 1 • amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in Exhibit B, Final Budget. G. Program Income (1) Definition. Program income means, as provided by 2 CFR 200.80, gross income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT. (2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT. (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program. H. Separation of Accounts All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the "AccounP) at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally accepted accounting principles. No prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated. I. Expenditure of Funds Much like how HUD requires the CITY, pursuant to 24 CFR 576.203, to expend all of the grant funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the aforementioned period. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for a good/service or an indirect cost, or the accrual of a direct charge for a good/service or an indirect cost. Failure to expend said funds within said timefiame can result in a reallocation of funds. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct, rather, fund use will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of 60D-10 Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see Exhibit D). IV. NOTICES The SUBRECIPIENT and the CITY agree that all notices required by this AGREEMENT shall be made in writing and delivered via mail (postage prepaid); commercial courier; personal delivery; or sent by facsimile or other electronic means (provided that receipt is confirmed). Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this AGREEMENT shall be addressed to the individuals in the capacities indicated below, unless modified by subsequent written notice. Communication and details concerning the AGREEMENT shall be delivered to the office of, and directed to, the CITY: Teri Eggers Sr. Community Development Analyst City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 (714) 647-5378 (714) 647-6549 FAX te,-gers@sant.t-aiia.org V. GENERAL CONDITIONS A. Coordination with Continuum of Care The SUBRECIPIENT must work with the Continuum of Care (" CoC') to ensure the screening, assessment, and referral of program participants are consistent with the CITY's written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR 576.400. 60D-11 B. Evaluation of Program Participants Eligibility and Needs The SUBRECIPIENT must conduct evaluations and re-evaluations to determine the eligibility of each individual or family's eligibility for ESG assistance in accordance with 24 CFR 576.401. C. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. See 24 CFR 576.402 D. Shelter and Housing Standards The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR 576.403. E. Homeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR 576.405(c) and 42 USC 11375(d). Independent Contractor Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with respect to the services to be performed under this AGREEMENT. The CITY shall be exempt from payment of any Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the SUBRECIPIENT is an independent contractor. G. Subcontracts (I) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 (Economic Opportunities for Low- and Very Low -Income Persons) and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. 60D-12 H. Licensing The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation, and inspections from all agencies governing its operations. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing the SUBRECIPIENTs operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. I. Responsibilities Toward Emulovees The SUBRECIPIENT accepts full responsibility for payment ofany and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected J. Insurance and Bonding (I)Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims-for-liability-or-loss-wlriclr-are-the-result-of-injury-to-or-death-of-any-person, or -damage -to -property (including property of Grantee) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT. The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR 200.427, and 2 CFR 200.447. The SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to the CITY prompt and timely notice of claim made or suit instituted arising out of the SUBRECIPIENTs operations hereunder. (2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below: a. Workers' Compensation. Amount must comply with State and Federal Laws b. Comprehensive General Liability. $1,000,000 combined single limit of liability for bodily injuries, death, and property damage resulting from any one occurrence, including the following coverages: Premises and Operations; and 60D-13 ii. Broad Form Commercial General Liability Endorsement to include blanket contractual liability (specifically covering, but not limited to, the contractual obligations assumed by the SUBRECIPIENT); Personal Injury (with employment and contractual exclusions deleted); and Broad Form Property Damage coverage. C. The SUBRECIPIENT's self -insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY. (3) Proof of Insurance. The SUBRECIPIENT shall furnish the CITY's Clerk of the Council with an insurance certificate from insurance carrier certifying that it tames such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to the CITY. The SUBRECIPIENT shall, prior to exercising any right under this AGREEMENT: a. furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverage required above; b. provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to the CITY; c. maintain such insurance for the period covered by this AGREEMENT; and d. replace such certificates for nolicies exnirina prior to the exnimtinn of this AMARMPIJT (4) Company Rating. All insurance coverage shall be written with a company having an A.M. Best Rating of "A" or better and financial size of VIII or larger. (5) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance, K. Zoning_ The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall itmnediately make good -faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. L. Displacement and Relocation. The SUBRECIPIENT must assure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408. 60D-14 M. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction_ VI. ASSURANCES AND CERTIFICATIONS A. Non -Profit Status The SUBRECIPIENT certifies that: (1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the SUBRECIPIENT. (2) If the SUBRECIPIENT's non-profit status changes at anytime during this AGREEMENT, it will advise the CITY within 15 days. (3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services. (4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR 200. B. Adherence to Federal. State. and Local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable crosscutting Federal, State, and Local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. t701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c). (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60. (4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment 60D-15 based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086. (5) Nondiscrimination and Equal Opportunity in Participation. The requirements in 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub -recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. C. Falsification of Information The SUBRECBPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds. D. Drug Free Workolace The SUBRECIPIENT represents and warrants that it has established the following drug -free workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. (2) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to: a. Abide by the terms above in statement (1), and b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace. Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within 10 60D-16 ten days after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or Local health, law enforcement, or other appropriate agency. E. Religious Oreanization The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State, and Local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESG funds to support any inherently ulimnnc �%i�riiiae - - - • - - - - - -- - — — The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR § 576.406. F. Additional Terms between the CITY and HUD The SUBRECIPIENT agrees further that it shall be bound by the standard terns and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the parties hereto. G. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants' health or safety. H. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. 11 60D-17 I. Davis -Bacon Act All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. labor standards interviews/investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5.6(a)(3). VIL ADMINISTRATIVE REQUIREMENTS A. Generally The following requirements and standards must be complied with: 2 CFR Part 200, et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. (1) Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) Pursuant to 2 CFR 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no cost rate exists, the de minims indirect cost rate as defined in 2 CFR 200.414(b) Indirect (F & A) costs shall be used. For this agreement, the de minims indirect cost of 10% will apply. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200. C. Reoortine Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15" day of October, January, April, and July, as part of the Quarterly Report: (I) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. 12 (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT. D. Record Keeping Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post -completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in cumpuance wrm r.eau-oasea Yami regwanons, wnicn IlKely require ionger retention as ouumea below. Kecores which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR 576.500(y). All records relating to, or created or maintained in compliance with, the Lead -Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, HUD and auditors shall have the right to access all the SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500. E. Homeless Management Information Systems (HMIS) (1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. (2) HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally HMIS system. A copy of the SUBRECIPIENTS agreement with the HMIS lead agency shall be attached to this agreement as Exhibit F. In the case of Domestic Violence service providers 13 60D-19 or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be attached to this agreement as Exhibit E. (3) HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by lave. A copy of such agreement shall be attached as Exhibit F-1. (A.) The SUBRECIPIENT agrees to provide 21 10C with all required data needed to complete data analysis regarding project performance, data timeliness, or data quality. F. Audit Report Requirements The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR 200.501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April I of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of the Lead -Based Paint Regulations as further detailed below. A. Generally The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. B. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program. C. Audit The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. IX. LIABILITY A. Generally 14 60D-20 Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. B. CITY not Liable for Funds The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass -through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. C. Hold Harmless The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the CITY, and shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student including, but not by way of limitation, workers compensation claims and attorney fees/expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers arising out of the SUBRECIPIENT's performance of this AGREEMENT. X. ENVIRONMENTAL CONDITIONS A. Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an eneironinental review under 24 CFR part 50 and the recipient has received HUD approval of the property. The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966. B. Lead -based paint remediation and disclosure The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG program and all housing occupied by program participants that were built before 1978. 15 60D-21 C. Assignment of Responsibilities By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35. D. Compliance with Subpart K The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead -based paint ("LBP") hazards in a residential property that receives Federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K ("LBP Regs"). The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of Federal assistance; and (3) Ongoing lead -based paint maintenance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a Federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part. (4) And, notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination. E. Notification of LBP Hazard The SUBRECIPIENT shall provide to all occupants of housing: (1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA -approved equivalent. The current form and version of the pamphlet can be found at: http://www.hud.gov/offices/lead/library/enforcement/fs-d iscl. pdf (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. 16 60D-22 K14 9 (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work. F. LBP Information Summary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT. CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations. G. Exemptions Section 35.115(a) provides exemptions from Subparts B through R. For example, lead -based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days. The SUBRECIPIENT shall comply with 2 CFR 200.112 with respect to the use of program funds to procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of program funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (I) year thereafter. The SUBRECIPIENT agrees to abide by the ESG Program's Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section. XII. ASSIGNABILITY MII. None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto 17 60D-23 with respect to the use of the CITY's ESG Funds by the SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such ESG Funds in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and the SUBRECIPIENT. XIV. AMENDMENTS OR MODIFICATIONS The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: (1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or (2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either parry unless in writing and signed by both parties. notified in writing and such notification shall constitute an official amendment The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT. XV. VIOLATION OF TERMS AND CONDITIONS A. Termination If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, a State plan or application, a notice of award, or elsewhere, the CITY may terminate or suspend this AGREEMENT in accordance with 2 CFR 200.339 and in accordance with 2 CFR 200.340 by giving written notice, and the CITY may request in writing that all or some of the grant funds be returned even if the SUBRECIPIENT has expended the funds. If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts spent in violation thereof If the SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances, and the CITY reserves the right to take other remedies that may be legally available. 18 60D-24 The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty (30) days of receipt of the written request. Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and mailed to the CITY pursuant to the above NOTICES section. XVL CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terns and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CffY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMG Circular A-129 and 2 CFR 200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR 200.310-200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVII. VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. LAWS GOVERNING THIS AGREEMENT This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XIX. WAIVER No delay or omission by the CITY hereto to exercise any right or power accruing upon any noncompliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained. 19 60D-25 XX. AGREEMENT DOCUMENT, EXHIBITS. AND ATTACHMENTS All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document maybe executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. ATTEST: CITY OF SANTA ANA a municipal corporation NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO Citx Attomey By:kjRYANp. HODGE Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency KRISTINE RIDGE SUBRECIPIENT: Tax ID: DUNS #: 20 60D-26 City of Santa Ana Scope of Work Name of Organization Name of Funded Program Annual Accomplishment Goal I. Total number of unduplicated Participants (Santa Ana and Non -Santa Ana participants) anticipated to be served by the funded program, named above, during the 12-month contract period. Participants H. Number of ONLY unduplicated Santa Ana Participants to be served by the funded program, named above, during the 12-month contract period. Participants Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Schedule of Performance Estimate the number of ONLY unduplicated Santa Ana participants to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana Participants served each Quarter 1: July I - September 30 Participants Quarter 2: October I - December 31 1 IParticipants Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 unduplicated Santa Ana Participants to be serve, Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis. Quarter 1: July 1 - September 30 0 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 $ Total Grant Exhibit A 60D-27 Organization Name Program Name ESG Final Budget Emenditures Category Expenses Funded by.Santa Ana Expenses Funded by Other Sources Total Program Budget Organizational Budget Essential Services Shelter Operations Other $ Indirect Cost $ _ Total $ - $ _ $ $ _ LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) the Page t of 1 ESG Final Budget Organization Name Program Name 0 Expenditures Category Expenses Funded I by Santa Ana ,, Expenses Funded I by Other Sources Total Program Budget Organizational Budget Housing Relocation and Stabilization Services Financial Assistance Rent Deposit $ - Rental Application fees $ - Ublity Deposit $ Utility $ Moving Costs $ Service Assistance Hsg Search & Placement $ - Case Management $ Mediation $ Legal $ Credit Repair $ Rental Assistance Rent $ - Other $ - Indirect Cost $ - $ - $ - Total S - $ $ - $ LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Page 1 of 1 60D-29 Organization Name Program Name ESG Final Budget Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Organizational Budget Engagement Case Management Emergency Health Svc. Emergency Mental Svc. Transportation Other Indirect Cost $ _ $ Total $ - $ $ $ LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Funds Page 1 of 1 Amount 60D-30 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Re ig ster (pages 1916049211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded_fr r participation in this_transactionby_any_federal_departmentor agency- (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date EXHIBIT C 6(lb-31 INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may con_t_act_the_person to_ which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 60D-32 Certification Regarding Lobbying Certification for Contracts. Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee/Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT D Page 1 of 2 60D-33 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 60 D-34 Orange County CoC Inter -Agency Data Sharing Memorandum of Agreement The agency agrees to share client data among participating agencies via the LAIOC HMIS (Homeless Management Information System) for the purposes outlined below. Each participating agency must complete and comply with the Agency Agreement. Each individual HMIS user must complete and comply with the HMIS User Agreement. This document is available on the OCHMIS website httolhvww.ochmis.ora. Uses of HMIS Data: • Coordinate housing services for families and individuals experiencing homelessness or facing a housing crisis in Orange County • Understand the extent and the nature of homelessness in Orange County • Evaluate performance and progress toward community benchmarks • Improve the programs and services available to Orange County residents experiencing homelessness or a housing crisis • Improve access to services for all Orange County homeless and at -risk populations • Reduce inefficiencies and duplication of services within our community • Ensure that services are targeted to those most in need, including 'hard to serve populations • Ensure that clients receive the amount and type of services that 'best fits" their needs and preferences • Pursue additional resources for ending homelessness Client Protection: • Informed consent must be given by clients in order for their identifying information to be entered into HMIS and shared among agencies in the LA/OC HMIS (see Orange County HMIS participating agencies on OCHMIS.org). NoMdentifying client information may be entered in the system for all clients regardless of whether they give their informed consent and regardless of their domestic violence status. • Only non -identifying information will be entered for clients currently fleeing or in danger from a domestic violence, dating violence, sexual assault or stalking situation. • Identifying client information will only be shared among agencies that have signed this agreement. At the time of informed consent, and at any point after, the client has the.right to see a current list of the OC HMIS participating agencies. • Additional agencies may join the LA/OC HMIS and will be added to the list of HMIS participating agencies. As part of the Informed consent process, clients must be informed that additional agencies may join the collaborative at any time and will have access to their information. • HMIS Users will maintain HMIS data in such a way as to protect against revealing the identity of clients to unauthorized agencies, individuals, or entities (see the "OC HMIS Client Consent Form; and the "Client Rights Brochure OC" available on the OCHMIS.org website). • Clients may not be denied services based on their choice to withhold their consent Each party to this memorandum of agreement shall defend, indemnity, and hold all other parties harmless from any and all claims arising out of that party's negligent performance of this agreement. Any loss or liability to third parties resulting from negligent acts, errors, or omissions of a LA10C HMIS user while acting within the scope of their authority under this Agreement shall be bome by that user exclusively. Agreed to and signed by the following agency representative: Printed Name Agency Name Signature Orange County CoC Inter -Agency Data Sharing Memorandum of Agreement Updated 9117i2012 60D-35 GREATER Los ANGELES & ORANGE COUNTY HOMELESS MANAGEMENT INFORMATION SYSTEM (WOC HMIS) PARTICIPATING ORGANIZATION AGREEMENT I. Purpose The HMIS is a HUD -mandated information technology system that is designed to capture client -level Information over time, on the characteristics and service needs of homeless persons. Client data is maintained on a central server, which will contain all client information in an encrypted state. HMIS integrates data from all homeless service providers andorganizations in the community and captures basic descriptive information on every person served. Participation InLA/OC HMIS allows organizations to share information with other participating organizations to create a morecoordinated and effective delivery system. The LA/OC HMIS is the secured electronic database for the Greater Los Angeles and Orange Counties and is a valuable resource for local communities. The LA/OC HMIS Collaborative consists of four separate Continuums of Care (CoC). The continuums are: Los Angeles City and County; Santa Ana/Anaheim/Orange County; Glendale; and Pasadena. The LA/OC HMIS Collaborative's goal is to provide a comprehensive case provision of quality services for homeless persons, improve data collection, and promote more responsive policies to end homelessness in the Greater Los Angeles and Orange Counties. II. Agreement and Understanding This Agreement authorizes this Participating Organization (Organization) to designate HMIS Users (User). A User is a staff person entrusted to enter Protected Personal Information (PPI) into the LA/OC HMIS, on behalf of this Organization. In order to allow a User to access the LA/OC HMIS, a User Agreement must be signed by the User, the HMIS Administrator, and this Organization's Authorized Representative. III. Confidentiality and Informed Consent Confidentiality: This Organization must require all Users to abide by its organization's policies and procedures; uphold all privacy protection standards established by the LA/OC HMIS Collaborative Policies and Procedures; and comply with all relevant federal and State of California confidentiality laws and regulations that protect client records. Except where otherwise provided for by law, this Organization shall ensure that confidential client records are released with the client's written consent. Written Consent: To obtain written consent, prior to each client's assessment, each client must be informed that the client's information will be entered into an electronic database called HMIS. The terms of the Consent to Share Protected Personal Information form must also be explained to each client. Clients who agree to have their PPI entered into the LA/OC HMIS must sign the Consent to Share Protected Personal Information form. Verbal Consent: Verbal consent to enter PPI into the LA/OC HMIS may be obtained during circumstances such as phone screenings, street outreach, or community access center sign -ins. Each client must be informed that his or her information will be entered into the HMIS database. The terms of the Consent to Share Protected Personal Information form must also be explained to each client. The client's written consent must be obtained once the client appears for his or her initial assessment. Version 1.5 Page 1 of 3 Modified 10/2V2015 60D-36 IV. Client's Rights The client has a right to receive a copy of this notice at the time of request. Each client has the right to receive the following, no later than five (5) business days of a written request: • A correction of inaccurate or incomplete PPI • A copy of his or her consent form • A copy of his or her HMIS records • A current list of participating organizations that have access to HMIS data V. Data Use This Organization must protect HMIS data by ensuring that: • A link to the Privacy Notice is accessed from the Organization's website. • WOC HMIS is not accessible to unauthorized users • WOC HMIS is only accessed by computers approved by the Organization • HMIS Users are trained regarding user responsibilities and conduct • HMIS Users sign and comply with the LA/OC HMIS User Agreement • HMIS Users forward a copy of a client's Revocation of Consent to the HMIS Administrator within 24 hours of receipt. VI. Responsibilities This Organization is responsible to ensure that: location. • HMIS Users do not misuse the system • Clients are notified if a breach of their PPI is discovered • Any HMIS User who finds a possible security lapse on the system is obligated to immediately report it to the HMIS Administrator. • A signed copy of the Consent to Share Protected Personal Information is retained for a period of seven (7) years after the PPI was created or last changed. VII. System Use Computer equipment and services provided by a CoC are intended only for WOC HMIS-related activities. Prohibited uses include, but are not limited to: malicious or illegal activities; unauthorized access; the creation, sending and/or storing of fraudulent, threatening, harassing, or obscene messages; inappropriate mass mailing (spamming, flooding, bombing); denial of service attacks; and the creation or intentional distribution of computer viruses, worms, and/or Trojan horses. Equipment, if applicable: All CoC-provided computer equipment including, but not limited to, printers, scanners, laptops and monitors, were provided through grant funds from HUD. The maintenance and upgrades of these devices are subject to the requirements and funding limitations of the HUD grant. Maintenance and/or upgrade costs to equipment, incurred after the HUD grant funds have been exhausted, become the sole responsibility of this Organization. Software, Licenses, and/or Services, if applicable: Coc-provided services to each organization may include, but are not limited to, purchasing and installing Anti -Virus Software and licenses, Firewall software and licenses, Windows software updates and High -Speed Internet Connections. The software and/or services are provided for HMIS purposes through HUD grant funds. The maintenance, upgrades and license purchases are subject to the requirements and funding limitations of the HUD grant. Additional maintenance, upgrades and license purchases, incurred after the grant funds have been exhausted, become the sole responsibility of this Organization. Version 1.5 Page 2 of 3 Modi(red 1012WO15 60D-37 VIII. Rights and Privileges LA/OC HMIS data is stored in one central database and is owned by the WOC HMIS Collaborative. The WOC HMIS Collaborative reserves all rights to the HMIS data. Use of the WOC HMIS equipment, software, licenses, and/or services is a privilege and is assigned and managed by each HMIS Administrator. IX . Copyright The WOC HMIS and other CoC-provided software are protected by copyright and are not to be copied, except as permitted bylaw or by contract with the owner of the copyright. The number and distribution of copies of any CoC provided software are at the sole discretion of the HMIS Administrator. X. Violations Any violations or suspected violations of any of the terms and conditions of this agreement, the HMIS User Agreement, and/or the HMIS Policies and Procedures, must be immediately and confidentially reported to the HMIS Administrator and the Executive Director or other authorized representative of this Organization. XI. Term This Participating Organization Agreement becomes effective on the date of final execution and shall remain in effect unless terminated pursuant to paragraph XI. Termination, below. XII. Amendment and Termination • The WOC CoC reserves the right to amend this agreement by providing a 3-day notice to this Organization. • Either party has the right to terminate this agreement, with or without cause, by providing a 3-day written • If this agreement is terminated, this Organization shall no longer have. access to HMIS or any information therein. The remaining LA/OC HMIS participating organizations shall retain the right to use all client data previously entered by this Organization, subject to any restrictions requested by the client. All organizations that sign this agreement and are granted access to the LA/OC HMIS agree to abide by LA/OCs HMIS Collaborative Policies and Procedures. The signature of the Executive Director or other authorized representative of this Organization indicates acceptance of all terms and conditions set forth in this agreement. This Agreement is executed between the CoC and the Participating Organization. Upon final execution, this Organization will be given access to the LA/OC HMIS. Organization Name Organization Administrator/Authorized Representative (Print Name) Signature Date of Signature CoC Name HMIS Administrator Name (Print Name) Signature Date of Signature Version 1.5 Page 3 of 3 Modified 1012112015 Memorandum of Understanding (MOO between and The City of Santa Ana W/O/RIK Center 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are and the City of Santa Ana W/O/R/K Center ("Work Center"). 2. PURPOSE: The Work Center, in conjunction with , endeavors to establish a cooperative working relationship between the parties in order to provide program beneficiaries with information about Work Center opportunities to find better jobs and careers. The MOU serves to establish the framework for providing services to employees, job seekers and others needing workforce services. The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the Work Center and be assisted with the tools and knowledge necessary to enter the workforce or obtain a higher - paying job. 3. RESPONSIBELITIES: A) The Work Center shall perform the following: 1) Accept referrals to the Work Center. B) shall perform the following: 1) Provide Work Center information to participants and their families; and, 2) Refer participants in need of employment, training, or career counseling to the Work Center utilizing the referral form attached hereto as Attachment 1 and incorporated herein by reference. 4. DURATION: This MOU shall commence on July I, 2019, and shall remain in effect through June 30, 2020. 5. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other party. Amendments to this MOU shall require the approval of the City Manager, or her/his designee ("City Manager"), on behalf of the Work Center. 6. CONFIDENTIALITY: If receives information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, such information shall not be used or disclosed except in the performance of this MOU, and agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all non-public information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this MOU. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of disclosed in a publicly available source; (c) is in rightful possession of without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) is independently developed by without reference to information disclosed by the City of Santa Ana. lAN"Sit1310H� 60D-39 7. ACCESSABILITY: ORGANIZATION NAME will assure that its services and premises are accessible to persons with disabilities pursuant to the requirements of the Americans with Disabilities Act. 8. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU. 9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the City Manager's resolution efforts fail, any party may file a grievance with the City Manager for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. Each party to bear its own costs associated with any grievance procedures. 10. DISCRIMINATION: shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. affirms that it is an equal opportunity employer and shall comply with.all applicable federal, state and local laws and regulations. 11. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 12. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in Orange County, California. 13. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. ATTACHMENT I EXHIBIT 3 EMERGENCY SOLUTIONS GRANT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND SANTA ANA POLICE DEPARTMENT (24 CFR Parts 91 and 576) THIS GRANT AGREEMENT, is hereby made and entered into this , 2019, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California, herein called the "CITY" and SANTA ANA POLICE DEPARTMENT, a California nonprofit organization, herein called the "SUBRECIPIENT". RECITALS: 1. The CITY is the recipient of Emergency Solutions Grant ("ESG") funds from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11371-11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re -housing assistance. Catalogue of Federal Domestic Assistance C CFDA") 14.231 and Federal Award Identification Number (FAIN) E-19-MC-06-0508. Z. the Lai Y nas approvea the provision oI teaerat runs unaer the h6Li to be uses in the operation of an emergency solutions program ("program") for the homeless or at -risk of homelessness of the City of Santa Ana as further described by Exhibit A, Scope of Work, attached hereto and by this reference incorporated herein. 3. The SUBRECIPIENT represents that it has the requisite qualifications, expertise, and experience in the provision of emergency solutions programs for the homeless or at -risk of homelessness and is willing to use said federal funds to operate said program 4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent housing, relocation and stabilization services, rapid re -housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent lining, as well as other federal, state, local and private assistance available for such individuals. 5. The SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed $51,880 in grant funding for Data Collection and Outreach Services. 6. This AGREEMENT is contingent upon the award of Emergency Solutions Grant funds from the United States Department of Housing and Urban Development. 7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT: 60D-41 I. SCOPE OF PROGRAM A. General Administration The SUBRECIPIENT agrees to implement this activity as set forth in detail in Exhibit A, Scope of Work, which shall provide a description of each activity, including the services to be performed, the person or entity providing the service, the estimated number of recipients of the service, and the manner and means of the services. B. Levels of Accomplishment — Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. C. Staffine The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employcr/employee between the parties. H. TERM OF AGREEMENT This AGREEMENT shall take effect on July 1, 2019, and shall terminate on June 30, 2020, unless otherwise cancelled or modified according to the terms of this AGREEMENT. III. DISBURSEMENT AND FUNDS The City was allocated $493,582 in Emergency Solutions Grant funds under the McKinney-Vento Homeless Assistance Act for fiscal year 2019-2020 from the Department of Housing and Urban Development. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received under provisions of the Act a sum not to exceed $51,880 for SUBRECIPIENTS performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. A. Amount and Expenditure End Date The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed $51,880 from Emergency Solutions Grant (ESG) funds, as outlined in Exhibit B, Final Budget, and such funds shall be expended by the SUBRECIPIENT on or before June 30, 2020. SUBRECIPIENT has the ability to adjust line item amounts in the Budget with the written approval of the CITY's Executive Director of the Community Development Agency, so long as the total Budget amount does not increase. B. Invoicing Procedures The SUBRECIPIENT shall submit quarterly invoices (on or before the 1511 day of October, January, April, and July) in a form prescribed by the CITY, detailing such expenses. Such schedule may be modified with the approval of the CITY. 60 D-42 C. Payment Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment subject to the satisfaction of the condition precedent of submittal of complete invoicing and reporting information due on or before July 15 of the applicable funding year. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. D. Use of Funds The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said program only. Said amounts shall include and will be limited to, street outreach, emergency shelter, homelessness prevention, rapid re -housing assistance, housing relocation and stabilization services, short-term and medium -term rental assistance, and Homeless Management Information Systems ("HMIs") data contribution as set forth in 24 CFR § 576.101 — § reference incorporated herein. The SUBRECIPIENPS failure to perform as required may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof. The SUBRECtPIENT agrees that the homeless shelter/services under said program shall be available for the entire period during which said funds are provided. E. Condition of Funding (1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of Federal, State or Local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any service which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT. F. Matching The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and 60 D-43 amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in Exhibit B, Final Budget. G. Proeram Income (1) Definition. Program income means, as provided by 2 CFR 200.80, gross income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT. (2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT. (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program. H. Sevaration of Accounts All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the "Account") at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally accepted accounting principles. No prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated. Expenditure of Funds Much like how HUD requires the CITY, pursuant to 24 CFR 576.203, to expend all of the grant funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the aforementioned period. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for a good/service or an indirect cost, or the accrual of a direct charge for a good/service or an indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds. J. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct, rather, fund use will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of IV. V. Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see Exhibit D). NOTICES The SUBRECIPIENT and the CITY agree that all notices required by this AGREEMENT shall be made in writing and delivered via mail (postage prepaid); commercial courier, personal delivery; or sent by facsimile or other electronic means (provided that receipt is confirmed). Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this AGREEMENT shall be addressed to the individuals in the capacities indicated below, unless modified by subsequent written notice. Communication and details concerning the AGREEMENT shall be delivered to the office of, and directed to, the CITY: Terri Eggers Sr. Community Development Analyst City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 (714)647-5378 (714)647-6549 FAX teggers@?santa-ana.org GENERAL CONDITIONS A. Coordination with Continuum of Care David Valentin Chief of Police Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92701 714-245-8249 The SUBRECIPIENT must work with the Continuum of Care ("CoC") to ensure the screening, assessment, and referral of program participants are consistent with the CITY's written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR 576.400. 60D-45 B. Evaluation of Program Participants Eligibility and Needs The SUBRECIPIENT must conduct evaluations and re-evaluations to determine the eligibility of each individual or family's eligibility for ESG assistance in accordance with 24 CFR 576.401. C. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. See 24 CFR 576.402 D. Shelter and Housing Standards The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR 576.403. E. Homeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR 576.405(c) and 42 USC 11375(d). Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with respect to the services to be performed under this AGREEMENT. The CITY shall be exempt from payment of any Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the SUBRECIPIENT is an independent contractor. G. Subcontracts (1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 (Economic Opportunities for Low- and Very Low -Income Persons) and will not allow any subcontract unless the entity has fast provided it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. I- Licensing The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation, and inspections from all agencies governing its operations. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing the SUBRECIPIENCs operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. L Responsibilities Toward Employees The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. J. Insurance and Bonding (1)Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims foi liability-6t-loss ivhich'are'the insult of -injury to dr death of any person, or damage to property (including property of Grantee) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT. The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR 200.427, and 2 CFR 200.447. The SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to the CITY prompt and timely notice of claim made or suit instituted arising out of the SUBRECIPIENTs operations hereunder. (2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below: a. Workers' Compensation. Amount must comply with State and Federal Laws b. Comprehensive General Liability. $1,000,000 combined single limit of liability for bodily injuries, death, and property damage resulting from any one occurrence, including the following coverages: Premises and Operations; and 60 D-47 ii. Broad Form Commercial General Liability Endorsement to include blanket contractual liability (specifically covering, but not limited to, the contractual obligations assumed by the SUBRECIPIENT); Personal Injury (with employment and contractual exclusions deleted); and Broad Form Property Damage coverage. C. The SUBRECIPIENT's self -insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY. (3) Proof of Insurance. The SUBRECIPIENT shall furnish the CITY's Clerk of the Council with an insurance certificate from insurance carrier certifying that it carries such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to the CH Y. The SUBRECIPIENT shall, prior to exercising any right under this AGREEMENT: a. furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverage required above; b. provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to the CITY; c. maintain such insurance for the period covered by this AGREEMENT; and (4) Company Rating. All insurance coverage shall be written with a company having an A.M. Best Rating of "A" or better and financial size of V III or larger. (5) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance. K. Zoning. The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violadon(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. L. Displacement and Relocation. The SUBRECIPIENT must assure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408. �� i M. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. VI. ASSURANCES AND CERTIFICATIONS A. Non -Profit Status The SUBRECIPIENT certifies that: (1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the SUBRECBPIENT. (2) If the SUBRECIPIENT's non-profit status changes at anytime during this AGREEMENT, it will advise the CITY within 15 days. (3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services. (4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR 200. B. Adherence to Federal. State. and Local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross -cutting Federal, State, and Local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c). (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIH of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60. (4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment Z• based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086. (5) Nondiscrimination and Equal Opportunity in Participation. The requirements in 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). The SUBRECIPMWT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub -recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. C. Falsification of Information The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds. D. Drug Free Workplace The SUBRECIPIENT represents and warrants that it has established the following drug -free workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. (2) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to: a. Abide by the terms above in statement (1), and b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace. Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within 10 60D-50 ten days after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal. State or Local health, law enforcement, or other appropriate agency. E. ReliQious Omanization The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belie£ If the SUBRECBPIENT is a religious organization, it retains its independence from Federal, State, and Local governments, and may continue to, carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESQ funds to sup op rt any inherently_ religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR § 576.406. F. Additional Terms between the CITY and HUD The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the parties hereto. G. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants' health or safety. H. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. 11 60D-51 I. Davis -Bacon Act All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in partwith federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §55. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5.6(a)(3). VII. ADMINISTRATIVE REQUIREMENTS Generally procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. A. Procurement (1) Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) Pursuant to 2 CFR 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no cost rate exists, the de minims indirect cost rate as defined in 2 CFR 200.414(b) Indirect (F & A) costs shall be used. For this agreement, the de minims indirect cost of 10% will apply. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200. B. Reporting Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15" day of October, January, April, and July, as part of the Quarterly Report: (1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. 12 60D-52 (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT. C. Record Keeping Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post -completion of an audit in conformity with the ESG requirements, except as compliance with Lead -based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR 576.500(y). All records relating to, or created or maintained in compliance with, the Lead -Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, HUD and auditors shall have the right to access all the SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500. D. Homeless Management Information Systems (HMIS) 1. Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. 2. HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally HMIS system. A copy of the SUBRECIPIENTS agreement with the HMIS lead agency shall be attached to this agreement as Exhibit F. In the case of Domestic Violence service providers 13 60D-53 or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be attached to this agreement as Exhibit E. 3. HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. A copy of such agreement shall be attached as Exhibit F-1. E. Audit Report Requirements The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR 200.501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of the Lead -Based Paint Regulations as further detailed below. VIII. EVALUATION AND MONITORING a. Generally The Ulf will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. b. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program. c. Audit The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. DL LIABILITY A. Generally Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the 14 60D-54 SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. B. CITY not Liable for Funds The SUBRECIPM 4T further acknowledges that the source of the ESG Funds is a federal pass -through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. C. Hold Harmless The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the CITY. and shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and attorney fees/expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of the X ENVIRONMENTAL CONDTPIONS A. Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property. The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966. B. Lead -based paint remediation and disclosure The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856). and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG program and all housing occupied by program participants that were built before 1978. 15 60D-55 C. Assignment of Responsibilities By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35. D. Compliance with Subpart K The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead -based paint ("LBP") hazards in a residential property that receives Federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K ("LBP Regs"). The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of Federal assistance; and 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a Federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part. (4) And, notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination. E. Notification of LBP Hazard The SUBRECIPIENT shall provide to all occupants of housing: (1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA -approved equivalent. The current form and version of the pamphlet can be found at: http://www.hud.gov/offices/lead/library/enforcement/fs-discl. pdf (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work. 16 60D-56 am F. LBP Information Summary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT. CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations. G. Exemptions Section 35.115(a) provides exemptions from Subparts B through R. For example, lead -based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days. The SUBRECIPIENT shall comply with 2 CFR 200.112 with respect to the use of program funds to procure funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (1) year thereafter. The. SUBRECIPIENT agrees to abide by the ESG Program's Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section. MI. ASSIGNABILITY None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY,.. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. XIII. EXCLUSIVITY OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oml or in writing, between the parties hereto with respect to the use of the CITY's ESG Funds by the SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such ESG Funds in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, 17 60D-57 have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and the SUBRECIPIENT. XIV. AMENDMENTS OR MODIFICATIONS M The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: (1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or (2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either party unless in writing and signed by both parties. In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The Cf1Y may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT. VIOLATION OF TEM1S AND CONDITIONS A. Termination If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether stated in a Federal statute or revelation, an assurance, a State plan or application, a notice of award, or elsewhere, the CITY may terminate or suspend this AGREEMENT in accordance with 2 CFR 200.339 and in accordance with 2 CFR 200.340 by giving written notice, and the CITY may request in writing that all or some of the grant funds be returned even if the SUBRECIPIENT has expended the funds. If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under faudi lent circumstances, and the CITY reserves the right to take other remedies that may be legally available. The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty (30) days of receipt of the written request. 18 Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and mailed to the CITY pursuant to the above NOTICES section. XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following- (1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; (2) Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as sepecified in the tams and conditions of the Federal award; (3) SUBRECIPMNT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMG Circular A-129 and 2 CFR 200.345); ) SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR 200.310-200.316 and 200.329; and, (5) The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVIL VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. LAWS GOVERNING THIS AGREEMENT This AGREEMENT shall be governed by and consorted in accordance with the laws of the State of California, and all applicable federal laws and regulations. )IX. WAIVER No delay or omission by the CITY hereto to exercise any right or power accruing upon any noncompliance or default by the SUBRECIPIENT with respect to any of the terns of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained 60D-59 XX. AGREEMENT DOCUMENT, EXHIBITS. AND ATTACHMENTS All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to Ore CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. ATTEST: NORMA MITRE Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: RY N WiODGE Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA a municipal corporation KRISTINE RIDGE City Manager SUBRECIPIENT: Name: David Valentin Title: Chief of Police Tax ID: 95-6000785 DUNS #:0831532470000 20 City of Santa Ana Scope of Work Name of Organization Name of Funded Program Annual Accomplishment Goal I. Total number of unduplicated Participants (Santa Ana and Non -Santa Ana participants) anticipated to be served by the funded program, named above, during the 12-month contract period. Participants IL Number of ONLY unduplicated Santa Ana Participants to be served by the funded program, named above, during the 12-month contract period. Participants Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Schedule of Performance Estimate the number of ONLY unduplicated Santa Ana participants to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana Participants served each Quarter 1: July I - September 30 Participants Quarter 2: October 1 - December 31 Participants Quarter 3: January 1 - March 31 Participants Quarter 4: April 1 -June 30 Participants 0 Total unduplicated Santa Ana Participants to be serve, Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis. Quarter 1: July 1 - September 30 0 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1-June 30 $ - Total Grant Exhibit A 60D-61 Organization Name Program Name ESG Final Budget Expenditures Category Expenses Funded' bySanta Ana'• Expenses Funded by Other Sources Total Program Budget Organizational Budget Essential Services $ - Shelter Operations Other _ = $ _ Indirect Cost $ _ Total $ _ $ _ $ $ _ LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Page t of 1 60D-62 Organization Name Program Name ESG Final Budget Expenditures Category Expenses Funded I by Santa Ana Expenses Funded I by Other Sources Total Program Budget Organizational Budget Housing Relocation and Stabilization Services Financial Assistance Rent Deposit $ Rental Application fees $ Utility Deposit $ Utility $ - Moving Costs $ - Service Assistance Hsg Search & Placement S - Case Management $ Mediation - Legal $ Credit Repair $ Rental Assistance Rent $ Other $ _ g _ Indirect Cost $ $ - Total $ - $ - $ $ _ LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Page 1 of 1 60D-63 Organization Name Program Name ESG Final Budget Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Organizational Budget Engagement Case Management Emergency Health Svc. Emergency Mental Svc. Transportation Other Indirect Cost $ $ - Total $; _ $ _ $ $ LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Amount Page 1 of 1 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarilv excluded from narticination in this transaction by anv federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date EXHIBIT C Pagel cf 2 60D-65 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," 'ineligible," 'lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the Derson to a copy 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions;' without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 60D-66 Certification Regarding Lobbying Certification for Contracts. Grants, Loans. and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,_the_undersigned_shalLcomplete_and_submit_Standard_FormfLLL, '_'Disclosure_ Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such failure. Grantee/Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT D Page 1 of 2 60D-67 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 Orange County CDC Inter -Agency Data Sharing Memorandum of Agreement The agency agrees to share client data among participating agencies via the I.A/OC HMIS (Homeless Management Information System) for the purposes outlined below. Each participating agency must complete and comply with the Agency Agreement Each individual HMIS user must complete and comply with the HMIS User Agreement. This document is available on the OCHMIS website http://www.ochmis.ora Uses of HMIS Data: • Coordinate housing services for families and individuals experiencing homelessness or facing a housing crisis in Orange County • Understand the extent and the nature of homelessness in Orange County • Evaluate performance and progress toward community benchmarks • Improve the programs and services available to Orange County residents experiencing homelessness or a housing crisis • Improve access to services for all Orange County homeless and at -risk populations • Reduce inefficiencies and duplication of services within our community • Ensure that services are targeted to those most in need, including "hard to serve populations • Ensure that clients receive the amount and type of services that "best fits" their needs and preferences • Pursue additional resources for ending homelessness Client Protection: • Informed consent must be given by clients in order for their identifying information to be entered into HMIS and shared among agencies in the LA/CC HMIS (see Orange County HMIS participating agencies on OCHMIS.org). Non -identifying client information may be entered in the system for all clients regardless of whether they give their informed consent and regardless of their domestic violence status. • Only non -identifying information will be entered for clients currently fleeing or in danger from a domestic violence, dating violence, sexual assault or stalking situation. • Identifying client information will only be shared among agencies that have signed this agreement. At the time of Informed consent, and at any point after, the client has the right to see a current list of the OC HMIS participating agencies. • Additional agencies may join the LA/OC HMIS and will be added to the list of HMIS participating agencies. As part of the informed consent process, clients must be informed that additional agencies mayjoin the collaborative at any time and will have access to their information. • HMIS Users will maintain HMIS data in such a way as to protect against revealing the identity of clients to unauthorized agencies, individuals, or entities (see the'OC HMIS Client Consent Form. and the "Client Rights Brochure OC' available on the OCHMIS.org website). • Clients may not be denied services based on their choice to withhold their consent Each party to this memorandum of agreement shall defend, indemnity, and hold all other parties harmless from any and all claims arising out of that party's negligent performance of this agreement. Any loss or liability to third parties resulting from negligent acts, errors, or omissions of a LA/CC HMIS user while acting within the scope of their authority under this Agreement shall be bome by that user exclusively. Agreed to and signed by the following agency representative: Printed Name Agency Name Signature Orange County CoC Inter -Agency Data Sharing Memorandum of Agreement Updated 911712012 GREATER Los ANGELES & ORANGE COUNTY HOMELESS MANAGEMENT INFORMATION SYSTEM (LA/OC HMIS) PARTICIPATING ORGANIZATION AGREEMENT 1. Purpose The HMIS is a HUD -mandated information technology system that is designed to capture dient-level information over time, on the characteristics and service needs of homeless persons. Client data is maintained on a central server, which will contain all client information in an encrypted state. HMIS integrates data from all homeless service providers andorganizations in the community and captures basic descriptive information on every person served. Participation inWOC HMIS allows organizations to share information with other participating organizations to create a morecoordinated and effective delivery system. The LAIOC HMIS is the secured electronic database forthe Greater Los Angeles and Orange Counties and is a valuable resource for local communities. The LA/OC HMIS Collaborative consists of four separate Continuums of Care (CoQ. The continuums are: Los Angeles City and County; Santa Ana/Anaheim/Orange County; Glendale; and Pasadena. The LA/OC HMIS Collaborative s goal is to provide a comprehensive case management system to advance the to end homelessness in the Greater Los Angeles and Orange Counties It. Agreement and Understanding This Agreement authorizes this Participating Organization (Organization) to designate HMIS Users (User). A User is a staff person entrusted to enter Protected Personal Information (PPI) into the LA/OC HMIS, on behalf of this Organization. In order to allow a User to access the LA/OC HMIS, a User Agreement must be signed by the User, the HMIS Administrator, and this Organization's Authorized Representative. III. Confidentiality and Informed Consent Confidentiality: This Organization must require all Users to abide by its organization's policies and procedures; uphold all privacy protection standards established by the LA/OC HMIS Collaborative Policies and Procedures; and comply with all relevant federal and State of California confidentiality laws and regulations that protect client records. Except where otherwise provided for by law, this Organization shall ensure that confidential client records are released with the client's written consent. Written Consent: To obtain written consent, prior to each client's assessment, each client must be informed that the client's information will be entered into an electronic database called HMIS. The terms of the Consent to Share Protected Personal Information form must also be explained to each client. Clients who agree to have their PPI entered into the LA/OC HMIS must sign the Consent to Share Protected Personal Information form. Verbal Consent: Verbal consent to enter PPI into the LA/OC HMIS may be obtained during circumstances such as phone screenings, street outreach, or community access center sign -ins. Each client must be informed that his or her information will be entered into the HMIS database. The terms of the Consent to Share Protected Personal Information form must also be explained to each client. The client's written consent must be obtained once the client appears for his or her initial assessment. Version 1.5 Page 1 of 3 Modified 1012312015 60D-70 IV. Client's Rights The client has a right to receive a copy of this notice at the time of request. Each client has the right to receive the following, no later than five (5) business days of a written request: • A correction of inaccurate or incomplete PPI • A copy of his or her consent form • A copy of his or her HMIS records • A current list of participating organizations that have access to HMIS data V. Data Use This Organization must protect HMIS data by ensuring that: • A link to the Privacy Notice is accessed from the Organization's website. • LA/OC HMIS is not accessible to unauthorized users • LA/OC HMIS is only accessed by computers approved by the Organization • HMIS Users are trained regarding user responsibilities and conduct • HMIS Users sign and comply with the LA/OC HMIS User Agreement • HMIS Users forward a copy of a client's Revocation of Consent to the HMIS Administrator within 24 hours of receipt. VI. Responsibilities This Organization is responsible to ensure that: location. • HMIS Users do not misuse the system • Clients are notified if a breach of their PPI is discovered • Any HMIS User who finds a possible security lapse on the system is obligated to immediately report it to the HMIS Administrator. • A signed copy of the Consent to Share Protected Personal Information is retained for a period of seven (7) years after the PPI was created or last changed. I& System Use Computer equipment and services provided by a CoC are intended only for LA/OC HMIS-related activities. Prohibited uses include, but are not limited to: malicious or illegal activities; unauthorized access; the creation, sending and/or storing of fraudulent, threatening, harassing, or obscene messages; inappropriate mass mailing (spamming, flooding, bombing); denial of service attacks; and the creation or intentional distribution of computer viruses, worms, and/or Trojan horses. Equipment, if applicable: All CoC-provided computer equipment including, but not limited to, printers, scanners, laptops and monitors, were provided through grant funds from HUD. The maintenance and upgrades of these devices are subject to the requirements and funding limitations of the HUD grant Maintenance and/or upgrade costs to equipment, incurred after the HUD grant funds have been exhausted, become the sole responsibility of this Organization. Software, Licenses, and/or Services, if applicable: CoC-provided services to each organization may include, but are not limited to, purchasing and installing Anti -Virus Software and licenses, Firewall software and licenses, Windows software updates and High -Speed Internet Connections. The software and/or services are provided for HMIS purposes through HUD grant funds. The maintenance, upgrades and license purchases are subject to the requirements and funding limitations of the HUD grant Additional maintenance, upgrades and license purchases, incurred after the grant funds have been exhausted, become the sole responsibility of this Organization. Version 1.5 Page 2 of 3 Modified 10/21/2015 60D-71 Vill. Rights and Privileges WOC HMIs data is stored in one central database and is owned by the WOC HMIS Collaborative. The LA/OC HMIS Collaborative reserves all rights to the HMIS data. Use of the WOC HMIS equipment, software, licenses, and/or services is a privilege and is assigned and managed by each HMIS Administrator. IX . Copyright The LA/OC HMIS and other CoC-provided software are protected by copyright and are not to be copied, except as permitted by law or by contract with the owner of the copyright. The number and distribution of copies of any CoC provided software are at the sole discretion of the HMIS Administrator- X. Violations Any violations or suspected violations of any of the terms and conditions of this agreement, the HMIS User Agreement, and/or the HMIS Policies and Procedures, must be immediately and confidentially reported to the HMIS Administrator and the Executive Director or other authorized representative of this Organization. XI. Term This Participating Organization Agreement becomes effective on the date of final execution and shall remain in effect unless terminated pursuant to paragraph XI. Termination, below. XII. Amendment and Termination • The LA/OC CoC reserves the right to amend this agreement by providing a 3-day notice to this Organization. • Either party has the right to terminate this agreement, with or without cause, by providing a 3-day written notice to the other party. • it this agreement is terminated, this Organization shall no longer have access to HMIS or any informath therein. The remaining LA/OC HMIS participating organizations shall retain the right to use all client data previously entered by this Organization, subject to any restrictions requested by the client. All organizations that sign this agreement and are granted access to the LA/OC HMIS agree to abide. by LA/OC's HMIS Collaborative Polities and Procedures. The signature of the Executive Director or other authorized representative of this Organization indicates acceptance of all terms and conditions set forth in this agreement This Agreement is executed between the CoC and the Participating Organization. Upon final execution, this Organization will be given access to the LA/OC HMIS. Organization Name CoC Name Organization Administrator/Authorized Representative ,HMIS Administrator Name (Print Name) (Print Name) Signature Date of Signature Signature Date of Signature Version 1.5 Page 3 of 3 Modified 1012112015 60D-72 Memorandum of Understanding (MOIL between and The City of Santa Ana W/O/R/K Center 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are and the City of Santa Ana W/O/R/K Center ("Work Center"). 2. PURPOSE: The Work Center, in conjunction with , endeavors to establish a cooperative working relationship between the parties in order to provide program beneficiaries with information about Work Center opportunities to find better jobs and careers. The MOU serves to establish the framework for providing services to employees, job seekers and others needing workforce services. The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the Work Center and be assisted with the tools and knowledge necessary to enter the workforce or obtain a higher- payingjob. 3. RESPONSIBILITIES: 1) Accept referrals to the Work Center. B) shall perform the following: 1) Provide Work Center information to participants and their families; and, 2) Refer participants in need of employment, training, or career counseling to the Work Center utilizing the referral form attached hereto as Attachment I and incorporated herein by reference. 4. DURATION: This MOU shall commence on July 1, 2019, and shall remain in effect through June 30, 2020. S. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other party. Amendments to this MOU shall require the approval of the City Manager, or her/his designee ("City Manager"), on behalf of the Work Center. 6. CONFIDENTIALITY: If receives information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, such information shall not be used or disclosed except in the performance of this MOU, and agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all non-public information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this MOU. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of disclosed in a publicly available source; (c) is in rightful possession of without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) is independently developed by without reference to information disclosed by the City of Santa Ana. ATTACHMENT 1 60D-73 7. ACCESSABILITY: ORGANIZATION NAME will assure that its services and premises are accessible to persons with disabilities pursuant to the requirements of the Americans with Disabilities Act. S. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU. 9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the City Manager's resolution efforts fail, any party may file a grievance with the City Manager for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. Each party to bear its own costs associated with any grievance procedures. 10. DISCRIMINATION: shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. ac v r.ur►nu.r i x : lr any pan this MOU shall remain in force. or is otherwise stricken, the rest of 12. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in Orange County, California. 13. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. ATTACFNIINT 1 60D-74 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding the date and year first above written. ATTEST: CITY OF SANTA ANA a municipal corporation of the State of California Norma Mitre Kristine Ridge Acting Clerk of the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho City Attorney R) RECOMMENDED FOR APPROVAL: Steven Mendoza Community Development Executive Director By: NAME Executive Director ATWI MENTI 60D-75 60D-76 EXHIBIT 4 EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MERCY HOUSE LINING CENTERS, INC. (24 CFR Parts 91 and 576) THIS GRANT AGREEMENT, is hereby made and entered into this 2019, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California, herein called the "CITY", and Mercy House Living Centers, Inc., a California nonprofit organization, herein called the "SUBRECIPIENT". RECITALS: -- 1. The CrrY is the recipient of Emergency Solutions Grant ("ESG") funds from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance AU [42 U.S.C. 11371-11378]. for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re -housing assistance. Catalogue of Federal Domestic Assistance ("CFDA") 14.231 and Federal Award Identification Number (FAIN) E-19-MC-06-0508. 2. — The CITY -has -approved -the -provision -of -federal -funds -under the-ESG-to be used -in the operation of -art- emergency solutions program ("program") for the homeless or at -risk of homelessness of the City of Santa Ana as further described by Exhibit A, Scope of Work, attached hereto and by this reference incorporated herein. 3. The SUBRECIPIENT represents that it has the requisite qualifications, expertise, and experience in the provision of emergency solutions programs for the homeless or at -risk of homelessness and is willing to use said federal funds to operate said program. 4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent housing, relocation and stabilization services, rapid re -housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living. 5. The SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed $316,491.00 in grant funding for Emergency Shelter — Operations, Homeless Prevention, and Rapid Re -Housing. 6. The CITY previously entered into an Agreement with Mercy Housing Living Centers to Operate an Interim Emergency Homeless Shelter, Agreement No. A-2018-221, dated September 18, 2018, by which the City committed a set amount of fiords to SUBRECIPIENT for the operation of The Link Interim Emergency Homeless Shelter. As part of the this ESG AGREEMENT, the CITY is committing up to $200,000.00 to SUBRECIPIENT for Emergency Shelter Operations at The Link. This $200,000.00 shall count toward the amount of funds due from the CITY to SUBRECIPIENT under Agreement No. 2018-221. 7. This AGREEMENT is contingent upon the award of Emergency Solutions Grant funds from the United States Department of Housing and Urban Development. 60D-77 S. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT: I. SCOPE OF PROGRAM A. General Administration to 111 shall provide a description of each activity, including the services to be performed, the person or entity providing the service, the estimated number of recipients of the service, and the manner and means of the services. B. Levels of Accomplishment— Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. II. TERM OF AGREEMENT This AGREEMENT shall take effect on July 1, 2019, and shall terminate on June 30, 2020, unless otherwise cancelled or modified according to the terms of this AGREEMENT. III. DISBURSEMENT AND FUNDS The City was allocated $493,582 in Emergency Solutions Grant funds under the McKinney-Vento Homeless Assistance Act for fiscal year 2019-2020 from the Department of Housing and Urban Development. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received under provisions of the Act a sum not to exceed $316,491.00 for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. Pursuant to said Budget, SUBRECIPIENT shall receive up to $200,000.00 in ESG funds for Emergency Shelter — Operations at The Link. The amount of funds, up to $200,000.00, reimbursed to SUBRECIPIENT for Emergency Shelter — Operations at The LINK pursuant to this AGREEMENT, shall apply toward the funds that the CITY owes to SUBRECIPIENT for operation of The Link pursuant to Agreement No. A-2018-221. A. Amount and Expenditure End Date The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed $316,491.00 from Emergency Solutions Grant (ESG) funds, as outlined in Exhibit B, Final Budget, and such funds shall be expended by the SUBRECIPIENT on or before June 30, 2020. SUBRECIPIENT has the ability to adjust line item amounts in the Budget with the written approval of the CITY's Executive Director of the Community Development Agency, so long as the total Budget amount does not increase. B. Invoicine Procedures The SUBRECIPIENT shall submit quarterly invoices (on or before the 151 day of October, January, April, and July) in a form prescribed by the CITY, detailing such expeuses. Such schedule may be modified with the approval of the CITY. C. Payment Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment subject to the satisfaction of the condition precedent of submittal of complete invoicing and reporting information due on or before July 15 of the applicable funding year. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day --period-will-discontinue if -the -reimbursement -request -is determined to be incomplete and will restart the thirty day- -- timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. D. Use of Funds The SUBRECIPIENT agrees to, use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said program only. Said amounts shall include and will be limited to, street outreach, emergency shelter, homelessness prevention, rapid re -housing assistance, housing relocation and stabilization services, short-term and medium -term rental assistance, and Homeless Management Information Systems ("HMIS") data contribution as set forth in 24 CFR § 576.101 — § 576.107. Allowable program costs are detailed in the Budget, as set forth in Exhibit B, attached hereto and by this reference incorporated herein. The SUBRECIPIENPS failure to perform as required may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof The SUBRECIPIENT agrees that the homeless shelter/services under said program shall be available for the entire period during which said funds are provided. I? Condition ofFundine (I) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of Federal, State or Local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds are not allocated and available for the continuance of the 60D-79 function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. At the earliest opportunity, the CITY shall notify the SUBRECBPIENT of any service which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT. F. Matching -- The SUBRECIPIENT-is.required.to-make-matching.contributions.to-supplement-the-ESG-program-in an -amount- - - that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in Exhibit B, Final Budget. G. Program Income (1) Definition. Program income means, as provided by 2 CFR 200.80, gross income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a (2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT. (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program. H. Separation of Accounts All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the "AccounP) at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIP ENT shall keep all records of the Account in a manner that is consistent with generally accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated. Expenditure of Funds Much like how HUD requires the CITY, pursuant to 24 CFR 576.203, to expend all of the grant funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the aforementioned period. For the purposes of this paragraph, expenditure means either an actual cash disbursement �� i J. W for a direct charge for a good/service or an indirect cost, or the accrual of a direct charge for a good/service or an indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct, rather, fund use will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. The SUBRECIPIENT certifies and aerees that it and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the malting of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on die part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any funds other than Federal appropriated funds have been paid or will be paid to any person --for influencing or attempting to influence an officer or employee -of any agency, -a Member of Congress,, an officer or - — - employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see Exhibit D). NOTICES The SUBRECIPIENT and the CITY agree that all notices required by this AGREEMENT shall be made in writing and delivered via mail (postage prepaid); commercial courier, personal delivery; or sent by facsimile or other electronic means (provided that receipt is confirmed). Any notice delivered or sent as aforesaid shall be effective on die date of delivery or sending. All notices and other written communications under this AGREEMENT shall be addressed to the individuals in the capacities indicated below, unless modified by subsequent written notice. Communication and details concerning the AGREEMENT shall be delivered to the office of, and directed to, the following representatives: CITY: Terri Eggers Sr. Community Development Analyst City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 (714) 647-5378 (714) 647-6549 FAX teegcrs((Zsant n-ana.org Larry Haynes Executive Director Mercy House Living Centers, Inc PO Box 1905 Santa Ana, CA 92701 714-836-7188 of l i V. GENERAL CONDITIONS A. Coordination with Continuum of tare The SUBRECIPIENT must work with the Continuum of Care ("CoC') to ensure the screening, assessment, and referral of program participants are consistent with the CITY's written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR 576.400. B. Evaluation of Program Participants Eligibility and Needs The SUBRECIPIENT must conde the eligibility of each individual or family's eligibility for ESG assistance in accordance with 24 CFR 576.401. C. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. See 24 CFR 576.402 D. Shelter and Housing Standards The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR 576.403. E. Homeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR 576.405(c) and 42 USC I I375(d). F. Independent Contractor Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with respect to the services to be performed under this AGREEMENT. The CITY shall be exempt from payment of any Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the SUBRECIPIENT is an independent contractor. G. Subcontracts (1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 (Economic Opportunities for Low- and Very Low -Income Persons) and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. M Licensing The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation, and inspections from all agencies governing its operations. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing — - the-SUBRECIPIENTs operations hereunder. -Such licensing -requirements -include obtaining -a City -business license,- - as applicable. I. Responsibilities Toward Employees The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the or persons J. Insurance and Bonding (1)Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of Grantee) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT. The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR 200.427, and 2 CFR 200.447. The SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to the CITY prompt and timely notice of claim made or suit instituted arising out of the SUBRECIPIENTs operations hereunder. (2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below: a. Workers' Compensation. Amount must comply with State and Federal Laws �� i b. Comprehensive General Liability. $1,000,000 combined single limit of liability for bodily injuries, death, and property damage resulting from any one occurrence, including the following coverages: Premises and Operations; and ii. Broad Form Commercial General Liability Endorsement to include blanket contractual liability (specifically covering, but not limited to, the contractual obligations assumed by the SUBRECIPIENT); Personal Injury (with employment and contractual exclusions deleted); and Broad Form Property Damage coverage. C. The SUBRECIPIENT's self -insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY. (3) Proof of Insurance. The SUBRECIPIENT shall furnish the CITY's Clerk of the Council with an insurance certificate from insurance carrier certifying that it caries such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to the CITY. The SUBRECIPIENT shall, prior to exercising any right under this AGREEMENT: a. furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverage required above; b. provide that such insurance shall not be materially changed or terminated except on thirty (30) days —prior written notice to the CITY; — c. maintain such insurance for the period covered by this AGREEMENT; and d. replace such certificates for policies expiring prior to the expiration of this AGREEMENT. (4) Company Rating. All insurance coverage shall be written with a company having an A.M. Best Rating of "A" or better and financial size of VIII or larger. (5) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance. IC. Zonine. The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. L. Displacement and Relocation. The SUBRECIPIENT must assure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408. M. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. VLASSURANCES AND CERTIFICATIONS A. Non -Profit Stares The SUBRECIPIENT certifies that: (1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein_and_the_execution,-performance,-and_delivery-of-this-AGREEMENT by-the-SUBRECIPIENT-has-been- fully authorized by all requisite actions on the part of the SUBRECIPIENT. (2) If the SUBRECIPIENT's non-profit status changes at anytime during this AGREEMENT, it will advise the CITY within 15 days. (3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services. (4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR 200. B. Adherence to Federal, State, and Local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable crosscutting Federal, State, and Local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of govermnent assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c). (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60. (4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086. (5) Nondiscrimination and Equal Opportunity in Participation. The requirements in 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub -recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. C. Falsification of Information The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds. D. Drug Free Workplace The SUBRECIPIENT represents and warrants that it has established the following drug -free workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. (2) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to: a. Abide by the terns above in statement (1), and 10 Zi • b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace. Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or _ rehabilitation program approved for such purposes by_a Federal,_State orb oral health,.laiv-enforcement,—_ __ _ or other appropriate agency. E. Religious Organization The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program -participant -on -the basis of religion-orrcligious-belicf If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State, and Local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESG funds to support any inherently religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR § 576.406. F. Additional Terms between the CITY and HUD The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the parties hereto. G. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants' health or safety. 11 �� i H. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. I. Davis -Bacon Act All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5.6(a)(3). VIL ADMINISTRATIVE REQUIREMENTS A. Generally The following requirements and standards must be complied with: 2 CFR Part 200, et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. B. Procurement (1) Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies concerning the procurement. of equipment, goods, and services, and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) Pursuant to 2 CFR 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no cost rate exists, the de minims indirect cost rate as defined in 2 CFR 200.414(b) Indirect (F & A) costs shall be used. For this agreement, the de minims indirect cost of 10% will apply. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200. C. Reportine Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15' day of October, January, April, and July, as part of the Quarterly Report: Zi i (1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. Any other such reports as the UllY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT. D. Record Keeping Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG __Funds _of -the _ SUBRECIPIENT,-and-all-documents-related-to -this-AGREEMENT—shall-be-maintained-and-kept-- available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post -completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead -based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR 576.500(y). All records relating to, or created or maintained in compliance with, the Lead -Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, HUD and auditors shall have the right to access all the SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500. E. Homeless Management Information Systems (HMIS) (1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. 13 (2) HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally HMIS system. A copy of the SUBRECIPIENTS agreement with the HMIS lead agency shall be attached to this agreement as Exhibit F. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be attached to this agreement as Exhibit E. (3) HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. A copy of such agreement shall be attached as Exhibit F-1. (A.) The SUBRECIPIENT agrees to provide 2110C with all required data needed to complete data analysis regarding project performance, data timeliness, or data quality. F. Audit Report Requirements The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR 200.501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed Further, the SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of the Lead=Based Paint Regulations as further detailed below. VIII. EVALUATION AND MONITORING A. Generallv The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUBRECBPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. B. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program. C. Audit The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. 14 tX. LIABILITY A. Genemllv Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. B. CITY not Liable for Funds The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass -through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. C. Hold Harmless The-SUBRECIPIENT shall -defend, -indemnify -and -save -harmless -the -CITY, its-officers,-agents,-employeesi---- - representatives, volunteers, and student externs from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the CITY, and shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and attorney fees/expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers arising out of the SUBRECIPIEN 's performance of this AGREEMENT. X. ENVIRONMENTAL CONDITIONS A. Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property. The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966. 15 60D-91 B. Lead -based oaint remediation and disclosure The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, f, K, M, and R apply to all shelters assisted under ESG program and all housing occupied by program participants that were built before 1978. C. AssimmentofResoonsibilides By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CffY of all responsibilities set forth in Subpart K of 24 CFR 35. U.—Combliance-witIf SubnarfK - The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead -based paint ("LBP") hazards in a residential property that receives Federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the gent funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K ("LBP Regs"). The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of Federal assistance; and (3) Ongoing lead -based paint maintenance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a Federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part. (4) And. notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination. E. Notification of LBP Hazard The SUBRECIPIENT shall provide to all occupants of housing: (1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA -approved equivalent. The current form and version of the pamphlet can be found at: http://www. hud.gov/offices/lea d/library/enforcement/fs-discl.pdf 16 60D-92 (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work. F. LBP Information Summary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT_ CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations. G. Exemptions Section 35.115(a) provides exemptions from Subparts B through R. For example, lead -based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days. XI.CONFLICTS-OF INTEREST The SUBRECIPIENT shall comply with 2 CFR 200.1 t2 with respect to the use of program funds to procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of program funds, the following restriction shall apply. No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (1) year thereafter. The SUBRECIPIENT agrees to abide by the ESG Program's Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section. 3UL ASSIGNABILITY None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. 17 60D-93 XIII. EXCLUSIVITY OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of the Cn Y's ESG Funds by the SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such ESG Funds in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and the SUBRECIPIENT. XIV. AMENDMENTS OR MODIFICATIONS . uc av�u-rcry r srmu nor oomgme, encumoer, spena, or otherwise utiaze program funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: (1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or (2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the -term -of this AGREEMENT. -No modification to.this -AGREEMENT-shall-be binding -by -either party - unless in writing and signed by both parties. In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT. XV. VIOLATION OF TERMS AND CONDITIONS A. Termination If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, a State plan or application, a notice of award, or elsewhere, the CITY may terminate or suspend this AGREEMENT in accordance with 2 CFR 200.339 and in accordance with 2 CFR 200.340 by giving written notice, and the CITY may request in writing that all or some of the grant funds be returned even if the SUBRECIPIENT has expended the funds. If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse the CITY of all such funds 18 �• • i that were obtained and/or spent under fraudulent circumstances, and the CITY reserves the right to take other remedies that may be legally available. The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty (30) days of receipt of the written request. Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and mailed to the CITY pursuant to the above NOTICES section. XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following: — - 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; __3.—SUBRECIPIENT_must_promptly_refund-any-balances-of-unobligated-cash-that-the-CfFY-paid-in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMG Circular A-129 and 2 CFR 200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR 200.310-200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVH. VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. LAWS GOVERNING THIS AGREEMENT This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XIX. WAIVER No delay or omission by the CITY hereto to exercise any right or power accruing upon any noncompliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right 19 60D-95 or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained. XX. AGREEMENT DOCUbIENT EXHIBITS. AND ATTACHMENTS All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attomey!s_ fees,_for_any_injudes or_damages-to_the-CITY_ in.the.eventthatsuch authority -or -power is-notrimfactr-held by — the signatory or is withdrawn. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. ATTEST: CITY OF SANTA ANA a municipal corporation -NORMA MITRE KRISTINE-RIDGE Acting Clerk of the Council City Manager APPROVED AS TO FORM: SONIA CARVALHO City Attorney_ By: RYfAN OXODGE Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency S CIPIENT: LarryHaynes Executive Director Tax ID:_ 33-03KW4 DUNSN: 97— qT4 —7t6S:: [L4 �� • • City of Santa Ana Scope of Work Name of Organization Mercy House.: - •..; .. .- . Name of Funded Program Homeless Prevention Program = Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12-month contract period. -...'' -200 Persons II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month contract period. ,. . � 351 Persons Program and Funding Description IIL-Description of -Work - in the space below, -describe the program to be funded during the 12=month-contractperiod..- What specific activities will be undertaken during the contract period. Please be concise in your response. Only the Viewable space will print. The Homeless Prevention program provides short term financial assistance and case management to Santa Ana resident householdss who are at -risk of homeless and who without assistance would become homeleess. Mercy House anticipates serving 35 persons during the grant term. Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2) Quarter 1: July 1 - September 30 9 Persons Quarter 2: October 1 - December 31 9 Persons Quarter 3: January 1 - March 31 9 Persons Quarter 4: April 1 .June 30 8 Persons 35 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis. Quarter 1: July 1 - September 30 $ 6,000.00 Quarter 2: October 1 - December 31 $ 7,000.00 Quarter 3: January 1 - March 31 $ 6,NNE Quarter 4: April 1 -June 30 1 $ 5,500.00 $ 25,000.00 [Total Grant Exhibit A 60D-97 Name of Organization: Name of Program Program Staff ESG Funded Personnel Mercy House Living Centers Homeless Prevention Program Position Title (only -list funded positions)— Budget —Category— Annual -Salary— Hourly Rate Approximate # of Hours per month serving Santa Ana TotalAmount ---Requested— Case Manager Case Mgr $ 37,518 $ 16.83 130/c 55,000 Total ESG Requested $ 5,000.00 Z0 i ESG Final Budget Organization Name Mercy House Program Name Homeless Prevention Program Expenditures Category Expenses Funded; I I by Santa Ana' Expenses Funded by Other Sources Total Program Budget Organizational Budget Housing Relocation and Stabilization Services Financial Assistance Rent Deposit - _- — .: = - $- - - -$ 00,434- Rental Application fees $ - Utility Deposit $ - Utili $ - $ 144,275 Moving Costs - - ' $ - $ 10,850 Service Assistance $ 585,064 Hsg Search & Placement : - $ - $ 784,523 Case Management $ 5:000 $ 31,609 $ 36,609 $ 3,138,094 Mediation — Legal $ - Credit Repair $ - Rental Assistance Rent $' 1%6001 $ 79,000 $ 98,500 $ 2,969,113 Other Insurance $ - $ 101,556 Professional Fees $ - $ 99,655 Admin/Office Expenses $ 245 $ 245 $ 319.778 Local Expenses $ - $ 50,355 Indirect Cost $, 500. $ 900 $ 1,400 $ 935,220 Facility Expenses $ $ 1,741,837 Fundraising $ - $ 190,700 Total $„, 25,00q $ 111,754 $ 136.754 $ 11,171.454 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 25,000 Costa Mesa CDBG $ 15,000 EFSP $ 45,000 Anaheim ESG $ 10,000 Garden Grove ESG $ 19,244 General Funds $ 22,510 Total Funds for the Program $ 136,754 Exhibit B Page 1 of 1 City of Santa Ana Scope of Work Name of Organization Mercy House Living Centeis > - Name of Funded Program The Link - Interim Emergency Shelter Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the funded pro ram, named above, during the 12-month contract period. .1400 Persons II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month contract period. 400 Persons Program and Funding Description III -Description of Work- In the space below, -describe the program to be funded during the12-month-contract period - What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Emergency Shelter will be provided to homeless adults and families with ties to the City of Santa Ana at the Link - Interim Emergency Shelter location. While in the program participants will have access to emergency assistance including shelter, meals, and hygiene facilities. Additionally, participants receive assessment and housing navigation services as well as and Housing Navigators conduct individual assessment of needs, followed by provision of targeted services (Housing Plan) focused on retuming individuals to permanent housing as quickly as possible. Navigators conduct VI-SPDAT assessments and enter participants in the Orange County Coordinated Entry System and prioritization list, ensuring that shelter clients are connected to permanent supportive and rapid rehousing opportunities in the community. Shelter clients are provided assistance to obtain necessary documents, employment guidance and linkages to community resources and meet weekly with their assigned Navigators. ESG funding will be used to support Shelter Operations including expenses associated with the use of security guards at the shelter to protect the safety of clients, staff and volunteers. Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2 Quarter 1: July 1 - September 30 200 Persons Quarter 2: October 1 - December 31 75 Persons Quarter 3: January 1 - March 31 '75 Persons Quarter 4: April 1 .June 30 50 Persons 400 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis. Quarter 1: July 1 - September 30 $50.000.00 Quarter 2: October 1 -December 31 $50'000,00 Quarter 3: January 1 - March 31 $50,000.00 Quarter 4: April 1 -June 30 $50,000.00 $ 200,000.00 Total Grant Exhibit A Page 1 of 1 60D-100 ESG Final Budget Organization Name Mercy House Living Centers Program Name The Link - Interim Emergency Shelter Expenditures Category 'Expenses'Funaed by.Santa Ana Expenses Funded by Other Sources Total Program Budget Organizational Budget Essential Services Case Management $ 780,000 $ 780,000 $ 3,922,617 Support Services $ 25,000 $ 25,000 $ 3,373,437 Transportation $ 230.000 $ 230,000 $ 427,517 Shelter Operations Security -Guards $ ----200;000? $ 326�00 -$ 526-,000 Facility Expenses $ 429.500 $ 429,500 $ 1,114,943 Shelter Supplies $ 352.000 $ 352,000 $ 635,676 Insurance $ 10,000 $ 10,000 $ 101,556 Equipment Rentals $ 4,000 $ 4,000 $ 29,575 Other Indirect Cost $ 186,000-1 $ 186.0001 $ 1,566,133 $ _ Total $ 200.000 $ 2,342,500 $ 2,542,500 1 $ 11,171,454 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 200,000 City of Santa Ana $ 2.342,500 Total Funds for the Program $ 2.542,500 Exhibit B Page 1 of 1 60D-101 Name of Organization Name of Funded Program Annual Accomplishment Goal City of Santa Ana Scope of Work House Living Centers L Total number of unduplicated Participants (Santa Ana and Non -Santa Ana participants) anticipated to be served by the funded program, named above, during the 12-month contract period. 275 Participants Nu�m et oof ONLY unduplicated Santa Ana Participants to be served by the funded program named above, during the 12-month contract period. 99 Participants Program and Funding Description 1II_ Description of Work - In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will priuL Mercy House will provide Rapid Rehousing assistance to 9 homeless persons who will receive security deposit assistance , rental assistance, case managment and housing search and placement services. It is anticipated that 5 households will receive short term assistace (up to 3 months) and 4 will receive longer term assistance (5-6 months). As required by ESG , all referrals for the program will come from the Coordinated Entry System and will have connections to the City of Santa Ana . Priority will be given to those who are exiting directly from The Link emergency shelter. Schedule of Performance Estimate the number of ONLY unduplicated Santa Ana participants to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana Participants served each Quarter 1: July 1 - September 30 1 Participants Quarter 2: October 1 - December 31 3 Participants Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 Schedule of Invoicing Estimate the amount of grant funds to be Quarter 1: July 1 - September 30 Quarter 2: October I - December 31 Quarter 3: January I - March 31 Quarter 4: April 1 -June 30 unduplicated Santa Ana Participants to be serve, during the 12-month contract period on a quarterly basis. 000 0 V $91,491 Total Grant Confirm that the quarterly request add up to grant amount Exhibit A 60D-102 ESG Funded Personnel Name of Organization: Mercy House Living Centers Name of Program Santa Ana Rapid Rehousing Program Program Staff Position Title __(only list funded position_ Budget Category Annual Salary Hourly Rate _ Approximate 4-of-Hours-per month serving Santa Ana Total Amount __Requested Housing Navigator sg e Placement $ 38,829 $ 16.83 23% $ 9,000 Case Manager e Management $ 37,518 $ 16.83 o 60% $ 22,500 Total ESG Requested $ 31,500.00 60D-103 ESG Final Budget Organization Name Mercy House Living Centers Program Name Rapid Rehousing Program Expenditures Category Expenses Funded I by,SantaAna I Funded by Other Sources Total Program Budget Organizational Budget Housing Relocation and Stabilization Services Financial Assistance Rent -Deposit- - . $'. _ __ __ 18,000 -$-16,950- -$ 54,950- -$- - 100;434- Rental Application fees $ _ Utility Deposit $ - Utility $ 13,594 $ 13,594 $ 144,275 Moving Costs $ 1,500 $ 1,500 $ 10,850 Service Assistance $ 2,300 $ 2,300 $ 585,064 Hsg Search & Placement $ 9,000 $ 70,159 $ 79,159 $ 784,523 Case Management $ " 22,500.1 303,299 $ 325,799 $ 3.138.094 Mediation - - ----- --- Legal $ - - ------- Credit Repair $ - Rental Assistance Rent I $ 38,841 $ 688,454 $ 727.295 $ 2,969.113 Other Insurance $ 1,835 $ 1,835 $ 101,556 Professional Fees $ 3,500 $ 3,500 $ 99,655 Admin)Office Expenses $ 17,082 $ 17,082 $ 319,778 Local Ex enses $ 5,300 $ 5,300 $ 50,355 Indirect Cost $ -3,150 $ • 22.2501 $ 25,400 $ 935.220 Facility Expenses $ - $ 1,741,837 Fundraising $ - $ 190,700 i Total $ • 91,491 $ 1.166,223 $ 1.257,714 $ 11.171.454 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 91,491 County of Orange ESG $ 64,622 Costa Mesa CDBG $ 15,000 CoC RRP $ 254,402 CA State BFH $ 333,.74 CA State ESG $ 80,000 Huntington Beach TBRA $ 108,925 Anaheim TBRA $ 187,000 United Way$ 150,000 General Funds $ 23,200 Total Funds for the Program $ 1.257,714 Exhibit B Page 1 of 1 60D-104 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, _Participants' responsibilities. The regulations _were _published as Part VII of the May 26,1988 Federal Register (pages 1916049211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date EXHIBIT C Page 1 of 2 60D-105 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which thus proposal -is submitted for assistance in olitaining a c -opy of those regulations. 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and fi-equency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - Procurement Proe ams. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 60D-106 Certification Regarding Lobbying Certification for Contracts. Grants. Loans. and Cooperative AUeements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of.a Member -of _Congress.in-connection with.the.awarding of any -Federal— - — - contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was, placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee/Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT D Page I of 2 60D-107 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community_development_funds_made-available pursuant.to.the-ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise emnlo at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 60D-108 Orange County CDC Inter -Agency Data Sharing Memorandum of Agreement The agency agrees to share client data among participating agencies via the LAIOC HMIS (Homeless Management Information System) for the purposes outlined below. Each participating agency must complete and comply with the Agency Agreement. Each individual HMIS user must complete and comply with the HMIS User Agreement. This document is available on the OCHMIS website httpllwww.och m is.org. Uses of HMIS Data: • Coordinate housing services for families and individuals experiencing homelessness or facing a housing crisis in Orange County • Understand the extent and the nature of homelessness in Orange County • Evaluate performance and progress toward community benchmarks • Improve the programs and services available to Orange County residents experiencing homelessness or a housing crisis • Improve access to services for all Orange County homeless and at -risk populations • Reduce inefficiencies and duplication of services within our community • Ensure that services are targeted to those most in need, including "hard to serve" populations • Ensure that clients receive the amount and type of services that ubest fits' their needs and preferences • Pursue additional resources for ending homelessness • Advocate for policies and.legislation thatwill support efforts to end homelessness in Orange County -- Client Protection: • Informed consent must be given by clients in order for their identifying information to be entered into HMIS and shared among agencies in the LA/OC HMIS (see Orange County HMIS participating agencies on OCHMIS.org). Non -identifying client information may be entered in the system for all clients regardless of whether they give their informed consent and regardless of their domestic violence status. • Only non identifying information will be entered for clients currently fleeing or in danger from a domestic violence, dating violence, sexual assault or stalking situation. • Identifying client information will only be shared among agencies that have signed this agreement. At the time of informed consent, and at any point after, the client has the.right to see a current list of the OC HMIS participating agencies. • Additional agencies may join the LAfOC HMIS and will be added to the list of HMIS participating agencies. As part of the informed consent process, clients must be informed that additional agencies may join the collaborative at any time and will have access to their information. • HMIS Users will maintain HMIS data in such a way as to protect against revealing the identity of clients to unauthorized agencies, individuals, or entities (see the "OC HMIS Client Consent Form,' and the 'Client Rights Brochure OC" available on the OCHMIS.org website). • Clients may not be denied services based on their choice to withhold their consent Each party to this memorandum of agreement shall defend, indemnify, and hold all other parties harmless from any and all claims arising out of that parry's negligent performance of this agreement. Any loss or liability to third parties resulting from negligent acts, errors, or omissions of a LA/OC HMIS user while acting within the scope of their authority under this Agreement shall be bome by that user exclusively. Agreed to and signed by the following agency representative: Printed Name Agency Name Date Orange County CaC Inter -Agency Data Sharing Memorandum of Agreement Updateo 9 1712012 60D-109 GREATER Los ANGELES & ORANGE COUNTY HOMELESS MANAGEMENT INFORMATION SYSTEM (LA/OC HMIS) PARTICIPATING ORGANIZATION AGREEMENT 1. Purpose The HMIS is a HUD -mandated information technology system that is designed to capture client -level information over time, on the characteristics and service needs of homeless persons. Client data is maintained on a central server, which.wili contain.all client information in an encrypted state. HMIS integrates data from all homeless- — - service providers andorganizations in the community and captures basic descriptive information on every person served. Participation inLA/OC HMIS allows organizations to share information with other participating organizations to create a morecoordinated and effective delivery system. The LA/OC HMIS is the secured electronic database for the Greater Los Angeles and Orange Counties and is a valuable resource for local communities. The LA/OC HMIS Collaborative consists of four separate Continuums of Care (CoC). The continuums are: Los Angeles City and County; Santa Ana/Anaheim/Orange County; Glendale; and Pasadena. The LA/OC HMIS Collaborative s goal is to provide a comprehensive case management system to advance the to end homelessness in the Greater Los Angeles and Orange Counties. II. Agreement and Understanding This Agreement authorizes this Participating Organization (Organization) to designate HMIS Users (User). A User is a staff person entrusted to enter Protected Personal Information (PPI) into the LA/OC HMIS, on behalf of this Organization. In order to allow a User to access the LA/OC HMIS, a User Agreement must be signed by the User, the HMIS Administrator, and this Organization's Authorized Representative. Ill. Confidentiality and Informed Consent Confidentiality: This Organization must require all Users to abide by its organization's policies and procedures; uphold all privacy protection standards established by the LA/OC HMIS Collaborative Policies and Procedures; and comply with all relevant federal and State of California confidentiality laws and regulations that protect client records. Except where otherwise provided for by law, this Organization shall ensure that confidential client records are released with the client's written consent. Written Consent: To obtain written consent, prior to each client's assessment, each client must be informed that the dient's information will be entered into an electronic database called HMIS. The terms of the Consent to Share Protected Personal Information form must also be explained to each client Clients who agree to have their PPI entered into the LA/OC HMIS must sigh the Consent to Share Protected Personal Information form. Verbal Consent: Verbal consent to enter PPI into the WOC HMIS may be obtained during circumstances such as phone screenings, street outreach, or community access center sign -ins. Each client must be informed that his or her information will be entered into the HMIS database. The terms of the Consent to Share Protected Personal Information form must also be explained to each client. The client's written consent must be obtained once the client appears for his or her initial assessment. version 1.5 Page 1 of 3 Modified 1012112015 60D-110 IV. Client's Rights The client has a right to receive a copy of this notice at the time of request. Each client has the right to receive the following, no later than five (5) business days of a written request: • A correction of inaccurate or incomplete PPI • A copy of his or her consent form • A copy of his or her HMIS records • A current list of participating organizations that have access to HMIS data V. Data Use This Organization must protect HMIS data by ensuring that: • A link to the Privacy Notice is accessed from the Organization's website. • LA/OC HMIS is not accessible to unauthorized users • LA/OC HMIS is only accessed by computers approved by the Organization • HMIS Users are trained regarding user responsibilities and conduct • HMIS Users sign and comply with the L410C HMIS User Agreement • HMIS Users forward a copy of a client's Revocation of Consent to the HMIS Administrator within 24 hours of receipt VI. Responsibilities This Organization is responsible to ensure that: ----• The Notice -Regarding Collection of Personal Information is posted at each intake desk or comparable location. • HMIS Users do not misuse the system • Clients are notified if a breach of their PPI is discovered • Any HMIS Userwho finds a possible security lapse on the system is obligated to immediately report it to the HMIS Administrator. • A signed copy of the Consent to Share Protected Personal information is retained for a period of seven (7) years after the PPI was created or last changed. VII. System Use Computer equipment and services provided by a CoC are intended only for LA/OC HMIS-related activities. Prohibited uses include, but are not limited to: malicious or illegal activities; unauthorized access; the creation, sending and/orstoring of fraudulent, threatening, harassing, or obscene messages; inappropriate mass mailing (spamming, flooding, bombing); denial of service attacks; and the creation or intentional distribution of computer viruses, worms, and/or Trojan horses. Equipment, if applicable: All CoC-provided computer equipment including, but not limited to, printers, scanners, laptops and monitors, were provided through grant funds from HUD. The maintenance and upgrades of these devices are subject to the requirements and funding limitations of the HUD grant. Maintenance and/or upgrade costs to equipment, incurred after the HUD grant funds have been exhausted, become the sole responsibility of this Organization. Software, Licenses, and/or Services, if applicable: CoC-provided services to each organization may include, but are not limited to, purchasing and installing Anti -Virus Software and licenses, Firewall software and licenses, Windows software updates and High -Speed Internet Connections. The software and/or services are provided for HMIS purposes through HUD grant funds. The maintenance, upgrades and license purchases are subject to the requirements and funding limitations of the HUD grant. Additional maintenance, upgrades and license purchases, incurred after the grant funds have been exhausted, become the sole responsibility of this Organization. Version 15 Page 2 of 3 Modified 1012112015 60D-111 Vill. Rights and Privileges LA/OC HMIS data is stored in one central database and is owned by the LA/OC HMIS Collaborative. The LA/OC HMIS Collaborative reserves all rights to the HMIS data. Use of the LA/OC HMIS equipment, software, licenses, and/or services is a privilege and is assigned and managed by each HMIS Administrator. IX. Copyright The LA/OC HMIS and other CoC-provided software are protected by copyright and are not to be copied, except as permitted by law or by contract with the owner of the copyright. The number and distribution of copies of any CoC provided software are at the sole discretion of the HMIS Administrator. X. Violations Any violations or suspected violations of any of the terms and conditions of this agreement, the HMIS User Agreement and/or the HMIS "Policies 'and Procedures,- must be inu ediatelyand confidentially -reported to the-- HMIS Administrator and the Executive Director or other authorized representative of this Organization. XI. Term This Participating Organization Agreement becomes effective on the date of final execution and shall remain in effect unless terminated pursuant to paragraph XI. Termination, below. XII. Amendment and Termination • The LA/OC CoC reserves the right to amend this agreement by providing a 3-day notice to this Organization. • Either party has the right to terminate this agreement with or without cause, by providing a 3-day written notice to the other party. • u ms agreemenz is cermmacea, mis urgamzauon snail no longer nave access to HMIS or any informati( therein. The remaining LA/OC HMIS participating organizations shall retain the right to use all client data previously entered by this Organization, subject to any restrictions requested by the client. All organizations that sign this agreement and are granted access to the LA/OC HMIS agree to abide by LA/OC's HMIS Collaborative Policies and Procedures. The signature of the Executive Director or other authorized representative of this Organization Indicates acceptance of all terms and conditions set forth in this agreement This Agreement is executed between the CoC and the Participating Organization. Upon final execution, this Organization will be given access to the LA/OC HMIS. Organization Name Organization Administrator/Authorized Representative (Print Name) Signature CoC Name HMIS Administrator Name (Print Name) Signature Date of Signature Date of Signature version 1.5 Page 3 of 3 Modified 1012112015 60D-112 Memorandum of Understanding (MOIL between and The City of Santa Ana W101IUK Centel 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are and the City of Santa Ana W/O/R/K Center ("Work Center"). 2. PURPOSE: The Work Center, in conjunction with cooperative working relationship between the parties in order to provide program beneficiaries with information about Work Center opportunities to find better jobs and careers. The MOU serves to establish the framework for providing services to employees, job seekers and others needing workforce services. The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the Work Center and be assisted with the tools and knowledge necessary to enter the workforce or obtain a higher - paying job. 3. RESPONSIBILITIES: A)-Th-e—�Vork-Center shall perform the following: 1) Accept referrals to the Work Center. B) shall perform the following: 1) Provide Work Center information to participants and their families; and, 2) Refer participants in need of employment, training, or career counseling to the Work Center utilizing the referral form attached hereto as Attachment 1 and incorporated herein by reference. 4. DURATION: This MOU shall commence on July 1, 2019, and shall remain in effect through June 30, 2020. 5. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other party. Amendments to this MOU shall require the approval of the City Manager, or her/his designee ("City Manager"), on behalf of the Work Center. 6. CONFIDENTIALITY: If receives information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, such information shall not be used or disclosed except in the performance of this MOU, and agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all non-public information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this MOU. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of disclosed in a publicly available source; (c) is in rightful possession of without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by without reference to information disclosed by the City of Santa Ana. ATTACHMENT 1 60D-113 7. ACCESSABILITY: ORGANIZATION NAME will assure that its services and premises are accessible to persons with disabilities pursuant to the requirements of the Americans with Disabilities Act. S. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU. 9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the City Manager's resolution efforts fail, any party may file a grievance with the City Manager for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. Each party to bear its own costs associated with any grievance procedures. 10. DISCRIMINATION: shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 1L—SEVERABILITY. If any part of f1'uss—MOU3s found to be null amid, or is otherwise stricken, the rest of this MOU shall remain in force. 12. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in Orange County, California. 13. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. ATTACHMENT 60D-114 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended PUBLIC HEARING TO CONSIDER ❑ As Amended ORDINANCE NO. NS-XXXX TO ADOPT El Ordinance on 2n Reading THE FISCAL YEAR 2019-20 BUDGET AND ❑ Ordinance on Reading El Implementing Implementing Resolution RESOLUTION NO. 2019-XXX TO APPROVE ❑ Set Public Hearing For CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN (STRATEGIC PLAN 4, 2A) CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Approve the introduction and first reading of Ordinance No. NS-XXXX (Exhibit 1) to adopt the budget for Fiscal Year 2019-20 (FY19-20), which begins on July 1, 2019 and ends on June 30, 2020. 2. Adopt Resolution No. 2019-XXX, to effect certain changes to the City's basic classification and compensation plan, such as changes to classification titles and addition of new classifications. Adopt the Seven -Year Capital Improvement Program (CIP) beginning fiscal year 2019-20 through fiscal year 2025-26 per Orange County Transportation Authority (OCTA) Measure M2 eligibility requirement. DISCUSSION As required by Santa Ana Charter Sections 604 and 605, the City Manager is proposing a proposed budget for City Council consideration. Proposed Ordinance No. NS-XXXX would establish FY19-20 expenditure appropriations for all funds of the City (Exhibit 1). If the City Council approves the recommended actions, the Ordinance will return to City Council on June 18 for the second reading and adoption. The FYI 9-20 budget would become effective July 1, 2019. Also on June 18, the City Council will be asked to consider the annual appropriations limit (Gann Limit) and the annual investment policy, pursuant to state law. A Fund Summary; which shows the estimated beginning fund balance, estimated revenues, proposed expenditure appropriations, recommended inter -fund transfers, and estimated ending fund balance for all funds of the City is included as Exhibit 2. The proposed detailed budget is included as Exhibit 3. 75A-1-1 Public Hearing to the Proposed FY19-20 Budget June 4, 2019 Page 2 The General Fund is the primary operating fund of the City, and accounts for unrestricted revenue. A summary of the proposed General Fund budget and a calculation of the City Council's reserve policy follows. Beginning Unassigned Fund Balance Revenue Inter -Fund Transfers In Expenditures Inter -Fund Transfers Out Estimated Net Activity FY18-19 FY19-20 Expected Proposed $ 56,363,889 $ 57,769,992 263,542,039 316,678,040 250,000 - (250,079,352) (296,170,700) (12,306,594) (19,161,780) 1,406,103 1,345,560 Estimated Ending Unassigned Fund Balanc $ 57,769,992 $ 59,115,552 Minimum Reserve Requirements: Operating Reserve (16.67%) Economic Uncertainty Reserve (1%) Total Minimum Requirement Excess/(Deficiency) 43,932,458 52,790,229 2,635,420 3,166, 780 46,567,878 55,957,010 $ 11, 202,114 $ 3,158,542 FY19-20 Inter -Fund Transfers Out include $6,153,300 to Cannabis Public Benefit Fund, $1,179,400 to Civic Center Maintenance Fund, $2,494, 500 to Strategic Plan Fund, and $9,334,580 for Debt Service. In addition to the minimum reserve requirements, the City Council's Budget and Financial Policies (adopted June 6, 2017) defines a balanced budget as "ongoing recurring operating revenues matching ongoing recurring operating expenditures including debt service." A summary of proposed FY19-20 recurring and non -recurring General Fund revenue and expenditures follows. Recurring One -Time Revenue $ 316,678,040 $ - Expenditures & Transfers Out $ 308,767,380 $ 6,565,100 Santa Ana Charter Section 607 requires the City Council to adopt a budget to "provide for the support of public recreation programs at least the equivalent of six cents (6) on each one hundred dollars ($100) of the assessed value of taxable property in the City on the legal assessment date for the previous fiscal year." The net taxable value of property in the City for FY18-19 was $26,497,864,876. If we apply the calculation required by the Charter, the required budget for public recreation programs is $15,898,719. The proposed General Fund budget includes 75A-1-2 Public Hearing to the Proposed FY19-20 Budget June 4, 2019 Page 3 $20,776,910 for the Parks, Recreation & Community Services Agency; $5,310,850 for Library Services; and $3,076,650 for Youth Services funded by Cannabis revenue. Measure X Spending The City's voters approved a 1.5% local sales tax rate via Measure X on the November 2018 ballot. Based upon analysis from the City's sales tax consultant, staff expects Measure X to generate $60 million of annual General Fund revenue. Although Measure X is a general-purpose revenue with no restrictions, the City Council has expressed a desire to budget for services cited in the ballot language. City of Santa Ana, Santa Ana Neighborhood Safety, Homeless Prevention and Essential City Services Enhancement Measure — `To maintain effective 9-1-1 response; retaining firefighters and police officers; addressing homelessness, fixing streets; maintaining parks, youth and senior services, and unrestricted general revenue purposes, shall the sales tax be increased one and one half (1.5) cents until 2029 providing approximately $60 million dollars annually, then reduced to one (1) cent providing approximately $40 million dollars annually, until 2039, requiring annual audits, citizens oversight and for Santa Ana use only?" The proposed FY19-20 budget includes the following new allocations in alignment with Measure X ballot language. Recruiting & Retaining Police Officers 8,407,885 Police Department Recruiting (Human Resources) 79,125 Additional Traffic Collision Investigators 229,712 Additional Police Overtime 2,000,000 Homeless Cleaning Team Contractual & Vehicles 321,000 Improve Park Maintenance 2,136,400 Parks Tree Replacement & OtherSupply 442,000 Additional Park & Recreation Staffing 1,589,940 New Allocations $15,206,062 The City Council also approved a Vehicle Incentive Program (rebates of the Measure X tax) with an expected cost of $1,725,000. Cannabis Public Benefit Fund In December 2018, City Council adopted Ordinance NS-2959 establishing a Cannabis Public Benefit Fund, requiring one-third of retail and commercial cannabis tax revenue to be set -aside for Enforcement Services and one-third to be set -aside for Youth Services. FY19-20 estimated revenue for retail and commercial cannabis tax revenue is $9.23 million, and the two-thirds set - aside is $6.15 million. A summary of the proposed FY19-20 budget for the Cannabis Public Benefit Fund follows. 75A-1-3 Public Hearing to the Proposed FYI 9-20 Budget June 4, 2019 Page 4 Youth Programs (classes, camps, clinics, leagues, & city-wide events) $3,076,650 Enforcement Services City Attorney 307,910 Police 1,297,520 Code Enforcement 649,850 Audits 255,550 Other Contract Services 565,820 $ 3,076,650 Total Expenditures $6,153,300 As shown above in the Summary section of this report, the expected FYI 8-19 net activity for the General Fund is $1,406,103. As suggested by the City Manager, the City Council could choose to transfer that amount to the Cannabis Public Benefit Fund to provide initial funding in addition to the two-thirds set -aside. Workforce Changes Each year, there are many workforce changes, including reclassifications of vacant positions. Exhibit 2, the budget summary, includes a detailed table of proposed additions to full-time staff, which primarily improve delivery of Public Safety, Public Works, and Recreation & Parks services. A summary follows: General Fund Restricted Funds Totals Net additions to full-time staff positions 25 25 50 Fund positions that were "unfunded" in FYI 8-19 10 2 12 Totals 35 27 62 The workforce changes Resolution proposed with this report addresses approval of classification title changes and new classifications. City Budget Process The City has an incremental budgeting process, where the proposed budget for the new fiscal year includes the current year budget plus supplemental budget requests. Other approaches such as performance -based budgeting or zero -based budgeting would necessitate workshops for the City Council to provide guidance regarding desired service levels and method of delivery, with a full understanding of the cost. of service. For FYI 9-20, the Budget Office collected more information regarding what the City receives for budgeted appropriations and will use the information to expand the introductory narrative for each Accounting Unit (functional program) in the budget document. Staff will also include more summary overview in the budget document, with graphics to make the budget easier to understand. 75A-1-4 Public Hearing to the Proposed FYI 9-20 Budget June 4, 2019 Page 5 The FY19-20 budget process began in January 2019, when departments started developing supplemental budget requests. The Budget Office implemented new budgeting software this year to improve the internal process. Previously, the City budgeted using Excel spreadsheets. Departments submitted their initial requests using the new system in March. In April, the Acting City Manager and budget staff met with each department to walk through the requests and to provide feedback. Staff updated the draft requests, and in May, the new City Manager met with each department head to hear justifications for supplemental requests totaling $43 million. The proposed budget includes the following components. 1. General Fund revenue estimates from the Budget Office. 2. General Fund expenditures based upon the FY18-19 budget plus decisions already made by City Council (e.g. increases built into approved contracts), and supplemental requests supported by the City Manager. Exhibit 2 includes a reconciliation from the FY18-19 budget to the FYI 9-20 budget. 3. Internal Service Fund revenues and expenses, balanced using estimated service levels provided to the General Fund and restricted funds. Examples include Fleet and Building Maintenance, General Liability and Workers Compensation, Information Technology, and Public Works Project Management. 4. Special Revenue Fund (restricted monies) estimated revenue and expenditures based on available money and allowable activities. Examples include grant funds, Gas Tax, and the Housing Authority. 5. Capital Improvement Projects Funds (restricted monies) estimated revenue and expenditures based on available money, allowable projects, and recommendations from the Capital Improvement Plan. Examples include grant funds and Measure M money. 6. Enterprise Fund (restricted monies) revenue and expenses based upon expected service activity. Examples include water, sewer, and refuse collection. "Available money" includes revenue already received (fund balance), revenue we expect to receive (recurring taxes and per capita allocations from other governmental agencies), and grant revenue that has been awarded (as documented with an award agreement). We do not include revenue that is uncertain for the coming fiscal year, such as grants not yet awarded or developer fees not yet received. The City Council adopts appropriations (the expenditure budget) by Ordinance one fiscal year at a time. The Budget Office monitors revenues throughout the fiscal year, and may adjust its revenue estimates midyear with a report to City Council. General Fund Ten -Year Outlook The Ten -Year Outlook starts with the proposed budget in year 1, and applies the following assumptions for years 2-10. The Ten -Year Outlook is only one potential scenario, and actual results will vary. 75A-1-5 Public Hearing to the Proposed FY19-20 Budget June 4, 2019 Page 6 The Ten -Year General Fund Outlook includes: • Annual revenues and expenditures increase by CPI as forecasted by the California Department of Finance. • Measure X sales tax rate decreases from 1.5% to 1.0% in year 10. • Expiration of the Vehicle Incentive Program in 2024. • Increasing pension contributions based upon information provided by CalPERS. • Additional compensation increases required by the Police Officers Association labor agreement. • Retirement of police facility debt in 2024. Results of the Ten -Year Outlook indicate that General Fund revenue may be sufficient for General Fund expenditures for the next two years. The City Council may choose to reconsider service delivery during the next budget cycle to avoid long-term deficit spending in the General Fund. Ten -Year General Fund Outlook Smo o_ f $147.1 5119A $11L3 \ $3975 \ $NO $34LF 1 $3T7.1 SW A smm $395.2 6330 �\ 1` $3911- 1 $3033 63 4 $371.6 $929.9 1 $3593 5330 $316.7.� $327A 533S3 s290 szo FY19.20 FY20-21 FY22,22 FY22-23 FY23-24 FY24-25 FY25-26 FY2&27 R77-28 FY2&29 �Pzvaive �raacbiwca Capital Improvement Program (CIP) The Public Works Agency maintains a seven-year CIP (Exhibit 5), based upon best practices for infrastructure rehabilitation and maintenance (e.g. Pavement Management System). Similar to all governmental agencies, the City's resources are not sufficient to fund all projects; and staff proposes projects based on priority and the availability of funding. Some projects span multiple 75A-1-6 Public Hearing to the Proposed FY19-20 Budget June 4, 2019 Page 7 fiscal years. The proposed FY19-20 CIP budget is $59.1 million, funded primarily with restricted money. A summary follows: Projects Funding Streetlight Improvements 200,000 Arterial Street Rehab 6,038,541 General Fund 200,000 Curb, Gutter, Sidewalks 4,082,000 Measure M Fairshare 5,014,800 Local Street Resurfacing _ 3,921,227 OCTA Streetcar Funding_ 545,945 Infrastructure Planning _ _ 730,000 ; Cell Tower Revenue 6521 052 _ Bristol Street Phase 4 247,800 Gas Tax (RMRA+HUTA) _j 5,798,541 'Traffic &Safety Improvements i 9,174,000 Water Enterprise 15,672,300 'OCStreetcar 545,945 Sewer Enterprise 12,613,000 -Park Facilitylmprovements 5_633,000 -Civic Center Fund _�2,766,000 Sewer Improvements 12,613,000 CDBG Water Facility Improvements ! 15,672,300 Fed&CA Active Transportation 12,459,000 StormwaterImprovements — 250,000' Developer Fees 425,948 Total— _ __ —$ 59,107,813 'Total j $59,107,813 In addition to the FY19-20 CIP budget, we expect significant carryovers from the FY18-19 CIP budget for projects not completed by June 30, 2019. The FY18-19 CIP budget began with $33.5 million of new appropriations (the budget document reflected $40.1 million, including prior year carryovers). The FY18-19 CIP budget increased by $59.7 million for projects carried over from FY17-18 to FY18-19. The FY18-19 budget further increased by subsequent adjustments approved by City Council totaling $39.5 million. The revised FY18-19 CIP budget is currently $132.7 million. Actual FY18-19 expenditures may be approximately $32.0 million, leaving potentially $100.7 million to carryover to FY19-20. Illustrative Only Original CIP Budget Carryovers from Prior Year New Revenue &Appropriations Revised CIP Budget Expected Spend Potential to Carryover STRATEGIC PLAN ALIGNMENT FY18-19 FY19-20 $ 33,514,959 $ 59,107,813 59,670,896 100,660'928 39,475,073 $ 132, 660, 928 $159, 768, 741 (32,000,000) $ 100, 660, 928 This public hearing assists the City with meeting Goal #4, Objectives 1, 2, and 3 — Maintain a stable, efficient and transparent financial environment; provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan; and maintain a structurally balanced budget with appropriate reserve levels. 75A-1-7 Public Hearing to the Proposed FY19-20 Budget June 4, 2019 Page 8 FISCAL IMPACT The Budget Summary booklet (Exhibit 2) includes the estimated fiscal impact for each fund. Lz�� " Ka hryn Downs, CPA Executive Director Finance and Management Services Agency All exhibits are on the City's website at: http•//santa ana ora/finance/budget/default.asi) Exhibits: 1. Proposed Ordinance No. NS-XXXX 2. City Budget Summary — a booklet with summary pies and tables 3. Detailed City Budget — a book with all Accounting Unit pages and staff position summaries. Descriptive pages and narration added later for the final published document. 4. Personnel Resolution No. 2019-XXX 5. Capital Improvement Plan (CIP) Book — Fiscal Year 2019-20 75A-1-8 EXHIBIT 1 LS 6.4.19 ORDINANCE NO, NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2019 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Manager has prepared and submitted to the City Council, pursuant to Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2019, B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in Section 606 of the City Charter, C. The proposed budget of expenditures duly submitted and considered as herein stated, together with any supplemental revisions and amendments thereto, was approved, adopted, and fixed by the City Council as the budget of the City for fiscal year 2019-2020, commencing July 1, 2019, in the amounts and for the funds, purposes, functions, department activities, and programs as therein set forth, including the Seven -Year Capital Improvement Program Plan update per Orange County Transportation Authority Measure M2 eligibility requirement. The adopted budget, including any supplemental revisions and amendments, together with a copy of the appropriation ordinance, shall be placed in the official files of the Clerk of the Council. Section 2. There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective object and purposes specified in that certain document entitled " Fiscal Year 2019-2020 City Budget", a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2019-2020, the several amounts stated as proposed expenditures from such funds, respectively, in those columns of the Budget that are headed "FY 19-20". Each aggregate of expenditures so specified in the Budget for the fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter, except that as to any office, department, Ordinance No. NS- Page 1 of 3 75A-1-9 or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of the Budget, the aggregate expenditure authorized for all programs in Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter. Section 3. The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in the Budget, and as set forth in Exhibit 1 attached hereto and incorporated herein by reference, Section 4. No warrant shall be issued or indebtedness incurred for any purpose that exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the City Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his/her opinion, such revisions are necessary and proper. Section 5. In accordance with Governmental Accounting Standards Board Statement 54, the City Manager or his/her designee is hereby authorized, as of the date of this ordinance, to allocate assigned governmental funds' balances to specific programs and activities as deemed necessary and proper. Section The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Inter -fund Transfers listed In the Budget, in such amounts and at such times during the fiscal year as he/she may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. ecti n 7, One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. Section 8, The City Council of the City of Santa Ana hereby adopts the updated Seven -Year Capital Improvement Program, as set forth in the 2019-2020 City Budget. Section Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2019. Section 10. The Clerk of the Council shall cause the title of this ordinance to be published as required by law. Section 11. All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the Ordinance No. NS- Page 2 of 3 75A-1-10 City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Human Resources, is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action Is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this 4th day of June, 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Mn Acting Clerk of the Council City of Santa Ana Ordinance No, N9- Page 3 of 3 75A-1-11 EXHIBIT 1 GENERALFUND City Manager's Office $ 2,181,270 Legislative 502,170 Non -Departmental 5,069,540 Unfunded Pension Liability Payment 37,142,340 Transfers for Debt Payment 9,040,700 Transfers to Projects 10,121,080 Clerk of the Council 1,682,560 City Attorney's Office 3,219,780 Human Resources 2,490,360 Finance 9,671,190 Library 5,317,480 Bowers Museum 1,473,430 Parks & Recreation 20,776,910 Police 131,783,820 Fire 45,640,920 Planning & Building 12,944,580 Public Works 13,155,830 Community Development Agency 3,118,520 Total General Fund $ 315,332,480 75A-1-12 EXHIBIT 1 Fund 012 -Cann a bis Public Benefit (City Attorney) $ 307,910 Fund 012 - Cannabis Public Benefit (Finance) 255,550 Fund 012 - Cannabis Public Benefit (PRCSA) 3,076,650 Fund 012 - Cannabis Public Benefit (Police) 1,297,520 Fund 012 - Cannabis Public Benefit (PBA) 1,215,670 Fund 016 - CASp Certification 85,000 Fund 021-CATV Capital Support (PEG) 300,000 Fund 022 - Library Fee and Donation 25,960 Fund 022- PRCSA Fee and Donation 78,000 Fund 050 - Council Special Projects (Non -Departmental) 1,665,120 Fund 050 - Council Special Projects (PBA) 750,000 Fund 051- Capital Outlay (Non -Departmental) 223,900 Fund 051- Capital Outlay (PRCSA) 3,445,230 Fund 052 -Strategic Plan Projects (HR) 250,000 Fund 052-Strategic Plan Projects (Finance) 109,500 Fund 052 - Strategic Plan Projects (PRCSA) 1,410,000 Fund 052 - Strategic Plan Projects (PBA) 350,000 Fund 052 - Strategic Plan Projects (CDA) 375,000 Fund 053 - City Services (CAC) 34,800 Fund 053 - City Services (Police) 570,900 Fund 053 - City Services (PBA) 2,684,000 Fund 120- Fire Facilities Fund 800,000 Fund 121-Special Repair/Demolition 15,000 Total General Fund Set -Aside Funds $ 19,325,710 Fund 031- Air Quality Improvement Fund (HR) $ 175,780 Fund 031- Air Quality Improvement Fund (Planning) 386,970 Fund 031 - Air Quality Improvement Fund (PWA) 1,032,600 Fund 122 - Emergency & Health Grants 3,689,400 Fund 123 - Workforce Investment Act 3,448,730 Fund 124 - Orange County SSA Grant 811,100 Fund 125 - Urban Areas Security Initiative Grant 1,876,600 Fund 127 - COPS Hiring Grant 82,600 Fund 128 - Law Enforcement Grant 1,206,400 Fund 130 - HOME Program 2,136,100 Fund 135 - Community Development Block Grant 7,772,380 Fund 136 - Housing Authority - Voucher HAP 34,564,900 Fund 137 - Housing Authority - Mainstream 2,000,000 Fund 138 - Housing Authority - MS 5 585,400 Fund 140 - Housing Authority - Voucher ADM 3,346,840 Fund 142 - Neighborhood Stabilization Program 1,350,740 Fund 144- Prison to Employment Program 3,816,970 Fund 145 - Rental Rehabilitation Grant 387,600 Fund 169 - Recreation Grant Fund 211,820 Fund 403 - SCAG Grants 208,760 Fund 405 - Housing HOPWA Federal Funds 220 Total Grant Funds $ 69,091,910 75A-1-13 EXHIBIT 1 Fund 020 - Traffic Offender Program $ 67,800 Fund 023 - Inmate Welfare Fund 1,193,800 Fund 024 - Police Special Revenue Fund 812,900 Fund 025 -Special Revenue Enterprise Zone 215,000 Fund 026 - Criminal Activities 71,100 Fund 029 - Special Gas Tax 14,639,060 Fund 074 - Civic Center Authority (PRCSA) 5,503,000 Fund 074 - Civic Center Authority (Police) 2,000,000 Fund 133 - Housing Authority Issuer Fee 141,110 Fund 166 - US DOJ Asset Forfeiture Fund 1,648,990 Fund 167 - US Treasury Asset Forfeiture 384,200 Fund 417 - Inclusionary Housing 27,895,420 Fund 607 - Santa Ana Financing Authority 1,661,940 Fund 652 - 2003 Tax Allocation Bond Series A 4,700 Fund 654 - 2011 Tax Allocation Bond Series A 6,700 Fund 655 - 2018 A & B Tax Allocation Refunding Bonds 5,596,500 Fund 658 - 2003 Tax Allocation Bond Series B 4,700 Fund 670 - City of Santa Ana Redevelopment Agency 879,780 Fund 671 - City of Santa Ana Redevelopment Agency Obligation Retirement (5,485,300) Fund 032 - Measure M $ 5,560,700 Fund 033 -Transportation Area Funds 20,000 Fund 054 - Sewer Capital Recovery Fund 7,350,000 Fund 055-Sewer Connection 5,263,000 Fund 058 - Residential Street Improvements 313,000 Fund 059 - Select Street Construction 5,948,500 Fund 148 -Traffic Safety Management Program 12,459,000 Fund 161- State Capital Grants 1,465,080 Fund 222 - Local Drainage Area II 388,000 Fund 223 - Local Drainage Area III 100,000 Fund 224 - Local Drainage Area IV 250,000 Fund 301- Park Acquisition & Development 196,190 Fund 311- Residential Development District 1 2,684,630 Fund 312 - Residential Development District 2 3,066,800 Fund 313 - Residential Development District 3 1,377,000 Fund 314 - Residential Development District 4 795,660 Fund 400 - Police Building Debt Service Fund 8,000 Fund 404 - City of Santa Ana Lease Financing Debt Service 11,000 Fund 418 - Feebler Capital Fund 8,002,500 Total Capital Funds $ 55,259,060 Fund 027 - Parking Operations $ 6,527,720 Fund 056 - Sanitary Sewer Fund 8,504,590 Fund 057 - Federal Clean Water Protection 4,792,510 Fund 060- Water Enterprise 59,265,480 Fund 066 - Water Utility Capital Construction 17,200,800 Fund 067 - Santa Ana Regional Transportation Center 1,778,620 Fund 068 - Sanitation Fund 7,946,660 Fund 069 - Refuse Collection 21,618,130 Total Enterprise Funds $ 127,634,510 75A-1-14 1 =FAaI1-1Yi� CITY OF SANTA ANA FISCAL YEAR 2019-2020 PROPOSED SUMMARY JUNE 04, 2019 r 2019 1 JULY 75A-1-1 5 CITY OF SANTA ANA 75A-1-16 The Budget Summary is intended to provide a fiscal overview of the proposed Fiscal Year 2019-2020 City Budget and Capital Improvement Plan (CIP). The Budget Summary includes a glance of the City Budget (General Fund and Restricted Funds), 10-year General Fund Outlook, estimated fund balances, reconciliation of General Fund Expenditures, workforce changes, Capital Improvement Plan, proposed miscellaneous fees and other financial information. The details of the listed documents are available on the City's website at: https:///www.santa-ana.or./finance/budget or you may visit the Clerk of the Council during normal business hours below. City Hall Hours(httr)s://www.santa-ana.ora/holidav-and-closed-fridav-schedule) Monday —Thursday 7:30 am to 5:30 pm Fridays (closed alternating Fridays) 8:00 am to 5:00 pm 75A-1-17 This Page Intentionally Left Blank 75A-1-18 FISCAL YEAR 2019-2020 PROPOSED CITY BUDGET SECTION Page # CityBudget.......................................................3 Reconciliation of General Fund Expenditures ............ 11 General Fund — Revenue Sources & Appropriations ...... 13 Workforce Changes............................................22 Capital Improvement Plan....................................28 Proposed Changes to the Miscellaneous Fees..............38 75A� 1-19 This Page Intentionally Left Blank 75A-1-20 FISCAL YEAR 2019-2020 PROPOSED CITY BUDGET_ [a N " 061111 1 GENERAL FUND BUDGET ROUTLOOK FUNDSRESTRICTED ESTIMATED FUND BALANCES FY 2019-2020 Community Safety, Youth Education, Recreation Economic Development, City Financial Stability Community Health, Livability, Engagement & Sustainability Community Facilities & Infrastructure, Team Santa Ana 3 75A-1-21 This Page Intentionally Left Blank 75A-1-22 F-- w 0 0 m C z L J r W z St w 0 � O I O CY) N L o w O CJQ O 1..1.. 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.d-i .d-� — — --i — b O O V V 75A81-27 D N l O � l � 0 GO N �D m h N On 1�1 O O O O O O O O O O O O O O O O O v W a� tl w v v vb v�+d^ V y 1 1 U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0o Orn o 0 0 °i N V °� I l vi h h m V v yr 0 d N V N w OV cOo � V `O vO1i � N rn b H 8 W o 0 o w o o 0 0 0 0 0 0 0 0 O O N O O O O O h l -� h h h h V V VI O O b T b h o0 N m m v) �O M T W� l � ^+ I S O 01 W O h Vl (✓ N W N M on tl •�' tl N N -� Yl \O Vl d' W W N h N PC W � w h s s 1°. 4 N C 45 0 0 o m v°iUxED AvdiF[�NFUU ro z 9 75A-1-28 F W b O N Vl 0` M M r h V W h 00 b N O Vl N v M y V O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O� M O O l0 O O O O V1 N W b b M M V1 W .r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P O o 0 o vt o o O �O o0 0 b o 0 O O O M M W Q\ Vl GO b E' b r V1 W� Vl M N M On V a h b O M h Q\ 00 N ti N b r O N O M oo V N P a\ r m N D\ m Vl N O 01 N M P N v z 1 5--9 0 0 0 0 0 0 0 i0 O i M V O ti M CO l Vl b v I"- v � ti -- 0 0 0 0 w0 0 0 �v°i env � N O O\ b O h V Vl Vl l� N N h 01 � oocrnN.: t� 0 0 0 0 0 0 0 0 0 0 0 0 o �n �n o 000 o OOO b vi o In It a b b w N M V O o at N v1 V vi I h II - N ao l� 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 O O O O O O O O O O O O O O W O O O O Vl V1 W h O O O O O l � O m Vl O Vl O O M O r O h M m O O N O M V1 i N oo o o,�Nrn v�mvvrnm n�n� •+ � M l� 01 N N � �° Gl V Vl O� °1 M N M � M M b h O 01 M V' V [� .r .. .-. w w F h �i ro c s v U � 'p o W Fzm za¢�¢ ° o o w ° o ° �, � c F, d! o o •o 0 0� r�] 3i � UcC�c4v�wFrn�aartcGCC�aUw F� d O F A i N oo o o,�Nrn v�mvvrnm n�n� •+ � M l� 01 N N � �° Gl V Vl O� °1 M N M � M M b h O 01 M V' V [� .r .. .-. w w F h �i ro c s v U � 'p o W Fzm za¢�¢ ° o o w ° o ° �, � c F, d! o o •o 0 0� r�] 3i � UcC�c4v�wFrn�aartcGCC�aUw F� d O F A This Page Intentionally Left Blank 75A-1-30 FISCAL YEAR 2019-2020 PROPOSED CITY BUDGET Community Safety, Youth Education, recreation Economic Development, City Financial Stability Community Health, Livability, Engagement & Sustainability Community Facilities & Infrastructure, Team Santa Ana 75X-1-31 This Page Intentionally Left Blank 75A-1-32 Budget Reconciliation of General Fund Expenditures Recurring One -Time Total FY18-19 General Fund Expenditures & Transfers $ 262,385,936 $ - $ 262,385,936 Cannabis Tax Revenue Set -Aside to Public Benefit Fund 6,153,300 Cannabis Enforcement moved to Public Benefit Fund (2,169,778) Vehicle Incentive Program (sales tax rebates) 1,725,000 November 2019 Election 600,000 General Plan Phase II 600,000 Orange County Fire Contract Increase 1,804,582 Ambulance Service Contract Increase 840,000 Animal Care Contact Increase 785,753 Crossing Guard Contract Increase 306,272 Police Technology Contract Increases 136,000 New Streetlights Debt Service 800,000 Non -Departmental Contingencies 3,000,000 575,000 CalPERS Contributions Increase 8,588,790 Net Cost of Additional Staff - Full -Time (Details in "Workforce Changes") 4,022,771 Net Cost of Additional Staff -Part-Time 573,969 _ Police Officers Association MOU Increase 8,407,885 Police Cash -Outs, Standby, Court Pays (increase to actual levels) 3,929,411 Police Overtime (Increase to actual levels) 2,000,000 Police Body Armor 88,000 Police Special Enforcement Vehicles 110,000 Police Building Repairs 300,000 Universal Legal Defense for Dreamers & Parents 100,000 Communications Consultant 60,000 City Attorney's Office Contractuals 50,000 Granicus Vote Cast & Boards/Commissions Modules 23,400 116,600 Public Meeting ADA Closed Captioning 18,900 Finance & Managements Services Agency Contractuals & Supply 83,000 163,000 Human Resources/Risk Management Contractuals & Supply 178,000 Planning & Building Agency Contractuals & Supply 45,000 9,500 Electronic Document Management System 70,000 250,000 Community Development Agency Contractuals & Supply 17,200 3,000 Establish Tourism District 45,000 Street Tree Maintenance (moved from Sanitation Fund) 2,949,635 Homeless Cleaning Team Contractuals & Vehicles 136,000 185,000 Bus Shelter Program 550,000 Emergency Repairs to Bridges and Drainage Structures 150,000 Building Roof Replacements 600,000 Parks Maintenance Enhancements 2,136,400 Parks Tree Replacement and Other Rehab Supply 442,000 Zoo Contractuals & Supply 343,000 Volunteer Background Checks 192,800 Net Increase of Internal Service Charges 1,022,140 Other immaterial refinements of expenditures (169,986)� Total Additions $ 46,381,444 $ 6,565,100 $ 52,946,544 FY19-20 Proposed General Fund Expenditures & Transfers $ 308,767,380 $ 6,565,100 $ 315,332,480 75A� 1-33 This Page Intentionally Left Blank 75A-1-34 FISCAL YEAR 2019-2020 PROPOSED CITY BUDGET 0 Community Safety, Youth Education, Recreation Economic Development, City Financial Stability Community Health, Livability, Engagement & Sustainability Community Facilities & Infrastructure, Team Santa Ana 75X'l -35 City of Santa Ana General Fund 11 Revenue Summary Table Account ACTUAL ACTUAL ADOPTED PROPOSED Code Account Description FY 16-17 FY 17-18 FY 18-19 FY 19-20 Taxes 50045 Business Tax 11,930,423 12,762,694 12,000,000 13,000,000 50200 Documentary Stamp Tax 1,169,548 1,068,149 850,000 884,000 50021 Half -cent Sales Tax (Safety Prop 172) 2,071,187 2,154,405 2,200,000 2,368,900 50201 Homeowner Property Tax Subvention 201,205 195,121 201,206 201,000 50022 Measure X 0 0 0 60,000,000 50030 Hotel Visitors Tax 9,767,741 9,245,942 8,600,000 9,500,000 50046 Medical Marijuana Tax 1,843,803 2,140,293 2,260,000 1,600,000 50100 Commercial Cannabis -Cultivation Tax 0 0 0 800,000 50101 Commercial Cannabis -Distribution Tax 0 0 0 110,000 50102 Commercial Cannabis -Manufacturing Tax 0 0 0 240,000 50103 Commercial Cannabis -Testing Facility Tax 0 0 0 330,000 50104 Adult -Use Retail Business Cannabis Tax 0 0 0 7,750,000 50011 Property Tax 33,841,447 35,666,778 36,176,616 37,346,100 50016 Property Tax In Lieu VLF 29,630,141 31,300,302 32,643,085 34,167,600 50012 Santa Ana Property Tax Residual (CDA) 8,228,104 8,609,327 8,250,000 8,368,700 50020 Sales Tax 47,950,071 45,903,351 47,904,702 51,509,900 50031 Utility Users Tax - Electric 11,002,686 11,363,280 11,100,000 11,100,000 50032 Utility Users Tax - Gas 2,232,618 2,150,041 2,300,000 2,300,000 50033 Utility Users Tax - Telephone 8,621,571 7,945,300 9,500,000 6,500,000 50034 Utility Users Tax -Water 2,556,585 2,484,018 2,500,000 2,600,000 Total Taxes 171,047,130 172,989,002 176,385,608 250,676,200 Intergovernmental 50506 AB109 Reimbursement 330,322 206,324 201,000 481,600 52365 AB678 Ground Emerg. Transp. Reimbursement Mandate 177,574 394,238 0 215,300 50501 Motor Vehicle License 153,628 179,677 153,627 160,000 57791 Overhead Charge - Water 4,537,918 4,537,918 4,537,918 4,537,900 50505 P.O.S.T. Reimbursements 19,296 47,877 52,000 47,000 50015 Property Tax - Pass -through AB1290 871,817 1,040,005 1,040,000 1,224,900 57304 Rancho Santiago Reimbursement-PRCSA 28,240 33,071 35,500 32,800 50503 SB90 State Mandates Reimbursement 84,493 80,043 92,000 88,000 52364 SB1186 28,031 11,444 4,500 4,700 Total Intergovernmental 6,231,318 6,530,596 6,116,545 6,792,200 Use of Money 58000 Earnings on Investments 768,572 760,262 576,056 600,000 58002 Loss(Gain) MV on Investments (716,023) (693,081) 0 0 57460 Police Department Jail Facility Rental 10,777,907 114,220 3,504 6,700 57462 Jail Revenue Facility - US Marshals 0 7,201,740 14,877,154 10,243,800 57464 Jail Revenue Facility -US Marshal 3,628,800 57463 Jail Revenue Facility- Bureau of Prisons 0 1,036,275 1,168,092 1,247,400 57390 PRCSA- Godinez High School 21,115 (1,134) 0 0 57361 Recreation Facility Rental 34,260 25,647 34,500 34,600 57960 Rental of Property 108,365 99,134 139,042 103,000 57362 Rental of Stadium 125,765 106,094 175,000 125,000 Total Use of Money 11,119,960 8,648,147 16,973,348 15,989,300 14 75A-1-36 City of Santa Ana General Fund 11 Revenue Summary Table Account ACTUAL ACTUAL ADOPTED PROPOSED Code Account Description FY 16-17 FY 17-18 FY 18-19 FY 19-20 Miscellaneous 57100 Attorney Reimbursement 910,026 1,018,765 979,890 700,000 53331 City Events 195,461 112,175 100,000 100,000 57000 Expense Reimbursement 76,482 102,369 54,124 88,400 57006 Expense Reimbursement - Condemn Deposit 0 11 0 0 57901 Indirect Cost Recovery 2,463,857 2,581,967 2,700,000 2,839,300 57461 Jail Kitchen Rental 29,341 28,532 24,000 28,000 57081 Planning & Building Gifts & Donations 1,000 0 0 0 57991 Miscellaneous Receipts 2,958 10,819 1,500 1,500 57010 Miscellaneous Recoveries 46,187 2,641 16,175 31,700 57895 Monitoring/PILOT fees 93,124 0 0 0 57200 Other Library Recoveries 3,448 2,401 2,500 1,200 57402 Police Miscellaneous Reimbursements 209,773 25,820 306,955 306,900 57400 Police OT Reimbursement 0 199,492 5,000 206,000 57404 Property & Evidence Recovery 24,076 10,832 11,000 0 57301 Recreation Expense Reimbursement 3,520 7,005 7,000 4,000 50052 Refuse Contract Program Surcharge 4,972,000 4,972,000 4,972,000 5,667,200 57700 Refuse Program Savings Recovery 1,352,000 1,352,000 1,352,000 1,352,000 57071 Sale of Land 0 29,105 2,100,000 0 57770 Sale of Maps and Documents 27,454 31,503 30,300 27,700 58001 Stale Dated Checks 11,298 0 0 0 53409 Storage of Weapon Fee 3,700 900 1,000 1,000 67796 Treasury& Accounting Reimbursement 0 0 0 2,217,840 57993 Write -Off of Collections (300) 0 0 0 Total Miscellaneous 10,425,405 10,488,337 12,663,444 13,572,740 Franchise Fees 50053 CATV Franchise Fees 1,243,574 1,469,559 1,425,000 1,439,000 50051 Electrical Utility 1,162,336 1,217,256 1,400,000 1,250,000 50050 Gas Utility 399,149 411,064 533,000 435,000 Total Franchise Fees 2,805,060 3,097,879 3,358,000 3,124,000 Charges for Services 53416 Animal Quarantines 1,550 2,079 5,000 2,000 53911 Advertising -Sponsorship 0 0 100,000 0 53600 Building Plan Check 3,155,860 1,801,705 2,533,975 2,700,900 51612 Building Standards Revolving fund 2,703 (3,122) 0 9,000 53301 Center Programs 90,657 96,274 90,500 100,100 57601 Code Enforcement Reimbursement 0 5,386 0 0 53309 Concession Vending Machines 3,600 4,500 5,400 3,900 57470 Copy of Lost Citation 44 15 0 100 53606 Discretionary Application Fee 252,435 407,060 340,000 337,400 53607 EIR Review Fees (24,104) 82,021 120,000 86,200 53601 Electrical Plan Check 497,175 214,940 256,375 355,200 53415 Emergency Response Reimbursement-PD 33,969 46,960 55,000 55,000 7515 A-1-37 City o%'Santa Ana General Fund 11 Revenue Summary Table Account ACTUAL ACTUAL ADOPTED PROPOSED Code Account Description FY 16-17 FY 17-18 FY 18-19 FY 19-20 56305 Engineering Service Charge 3,781 4,080 1,000 1,000 57704 Expense Reimbursement -SAD 15,500 0 0 0 53413 False Alarm Charge -Police 128,219 7,386 95,000 95,000 53404 Fingerprint Card Processing Fees 0 0 100 100 53408 Fire Range User Fees 12,500 4,400 7,000 7,000 53419 Firearm License Fee 2,035 2,266 2,000 2,000 53313 Food Sale Concession 33,600 33,600 33,600 33,600 57383 Friend of Zoo Contribution 69,014 97,524 50,500 78,400 57385 Friend of Zoo Education Contribution 40,000 40,000 40,000 40,000 57380 Friend of Zoo Vet Contribution 20,000 60,000 60,000 60,000 53502 Hazardous Material Discloser Fees 299 413 0 0 53410 Impound/Owner Release Animals 1,445 1,671 1,500 1,500 53420 Jail Booking Fee 31,210 40,483 30,000 22,000 53411 Jail Pay to Stay Program 151,590 135,575 100,000 100,000 53412 Jail Reuse 0 0 0 0 53613 Land Use Certificate Processing Fee 374,005 564,774 323,860 611,400 53605 Landscape Plan Review 25,591 14,747 12,240 23,400 53316 Leisure Classes 283,999 249,350 284,000 256,200 55200 Library Fines 42,284 45,712 45,000 42,200 57260 Library Meeting Room Rental 213 8 0 0 53202 Library Microfiche Rentals 830 411 500 700 53203 Library Video Rentals 4,683 3,200 4,000 3,200 53603 Mechanical Plan Check 435,490 165,690 207,100 282,900 53902 Miscellaneous Service Charge 77,479 91,822 0 0 53612 Mitigation Monitoring Fee 0 0 1,500 0 53200 Non -Resident Library Card Fee 1,485 1,710 1,500 0 53513 OCFA Admin Processing Fee 1,724 1,560 1,435 1,500 53510 Paramedic Service Charge 3,579,412 4,841,101 4,689,000 5,175,000 53509 Paramedic Subscription Fee 166,500 163,429 159,000 153,000 53308 Park Reservation 193,012 203,905 203,000 198,400 53201 Passport Fee 0 0 0 0 53405 Photo Services 657 860 500 500 53602 Plumbing Plan Check 273,662 109,962 119,500 185,700 53417 Police Report Fee 173,192 157,084 160,000 95,000 53304 Pool Charges 24,617 24,626 24,500 23,300 53618 Project Coordination Charge 71,522 0 0 0 53319 Recreation Staff Reimbursement 58,210 48,715 61,000 49,900 53401 Repo Release 12,290 12,815 12,000 12,000 53627 PREP Fees 1,116,599 618,270 604,915 203,500 53628 Foreclosure Registration Program 0 0 0 185,700 57070 Sale of Printed Materials 112 23 1,000 1,000 53614 Shopping Cart Containment Program 41,394 45,613 44,080 44,100 53616 Site Plan Review Charge 960,260 697,610 1,000,000 497,100 53901 Stop pay/Reissue fees 323 336 160 200 53707 Street and Alley Repair 7,449 2,816 1,000 1,000 53318 Tennis Reservations 44,786 48,808 45,000 48,000 53407 Vehicle Equipment Citation Slgn-Off 7,599 6,044 7,000 6,000 53400 Vehicle Release Charge 100,380 123,407 115,000 85,000 53423 Vehicle Storage Fee 57,450 57,450 40,000 40,000 53307 Youth Field Usage Fee 72,456 75,902 73,000 71,500 53303 Youth Sports 33,152 33,230 34,000 34,000 53312 Zoo Admissions 1,107,683 1,140,028 1,134,000 1,180,400 53310 Zoo Education 73,122 146,414 85,000 143,500 Total Charges for Services 13,946,726 12,782,648 13,420,740 13,745,700 16 75A-1-38 City of Santa Ana General Fund 11 Revenue Summary Table Account ACTUAL ACTUAL ADOPTED PROPOSED Code Account Description PY 16-17 PY 17-18 PY 18-19 PY 19-20 Licenses and Permits 51613 Adult -Use Retail Cannabis Reg Fee 0 89,570 0 0 51614 Adult -Use Retail Regulatory Safety Permit 0 302,164 205,460 0 51615 Adult -Use Retail Operating Agreement Fees 0 2,511,271 5,500,000 0 51100 Comm. Cannabis Operating Agmit Fees - Cultivation 0 0 4,602,000 0 51101 Comm. Cannabis Operating Agreement Fees - Mfg. 0 0 2,418,000 0 51102 Comm. Cannabis Operating Agreement Fees - Distlrbution 0 0 702,000 0 51103 Comm. Cannabis Operating Agreement Fees - Testing 0 0 78,000 0 51616 Commercial Cannabis Testing Phase 2/Regulatory Safety 0 5,070 0 1,700 51617 Commercial Cannabis Cultivation Phase 1/Regst. Application 0 36,258 0 48,300 51618 Commercial Cannabis Operating Agreement Reimbursement 0 0 0 10,000 51619 Commercial Cannabis Manufacturing Phase 1/Rest. 0 16,337 0 6,800 51620 Commercial Cannabis Distribution Phase 1/Regsl. Application 0 11,267 0 6,800 61621 Commercial Cannabis Cultivation Phase 2/Rgltry Sty Prmt 0 11,267 0 6,800 51622 Commercial Cannabis Manufacturing Phase 2/Rgltry Sfty Front 0 4,029 0 212,600 51623 Commercial Cannabis Distribution Phase 2/Rgltry Sfty Prmt 0 4,029 0 180,800 51624 Commercial Cannabis Distribution Phase 2/Rgltry Sty Prmt 0 4,029 0 331,700 51707 CASp Certification Training Fu 0 0 0 0 51401 Alarm Permit Fees 102,809 103,071 97,000 100,000 51001 Bingo Licenses 208 167 154 0 51601 Building Permits 2,120,700 1,578,661 2,184,295 2,217,100 51004 Bus Shelter Fees 150,000 150,000 0 0 51002 Dog Licenses 587,211 554,887 565,000 550,000 51003 Dog Licenses -CCI 68,565 44,353 50,000 75,000 51603 Electrical Permits 578,057 706,847 900,070 1,003,900 51301 Filming Permit 5,516 4,914 6,000 4,300 51600 General Plan Update Surcharge 141,944 148,115 141,465 151,800 51606 Grading Permits 61,073 87,869 70,000 101,500 51604 Heating Permits 358,694 372,960 572,805 648,400 53626 Medical Marijuana Regist. & Reg. Safely 0 45,660 1,700 5,100 51706 MMD Requlatory Safety Permit 169,204 217,548 0 0 61608 Newsbox Permit Fees 24,709 23,363 25,000 25,000 51605 Occupancy Permits 423,717 401,668 383,385 389,100 51609 Outdoor Dining Permits 1,277 1,209 0 0 51602 Plumbing Permits 307,622 362,776 384,750 486,900 51402 Street Closure Permit 6,023 6,599 6,400 6,500 51607 Street Vendor Permit 40,170 14,131 25,345 25,300 51403 Tobacco Permits 179,518 160,204 175,000 160,200 Total Licenses & Permits 5,327,017 7,980,292 19,093,829 6,755,600 7517 A-1-39 City ol"Santa Ana General Fund 11 Revenue Summary Table Account ACTUAL ACTUAL ADOPTED PROPOSED Code Account Description FY 16-17 FY 17-18 FY 18-19 FY 19-20 Fines 55600 Administrative Citations/Comm Pros 141,730 7,154 123,460 187,800 55606 Fireworks Admin Citations 0 5,435 6,100 7,000 57900 Bad Check Recoveries 18,165 24,150 13,000 26,000 55402 Court Fines- Non -Traffic 42,017 35,948 14,000 86,600 55401 Court Fines - Traffic 698,155 737,802 500,000 464,300 55604 Foreclosed Properties Fines 0 0 154,500 0 55201 Lost/Damaged Library Materials 5,302 4,859 5,000 4,900 55202 Lost/Damaged Uncatalogued Materials 25 20 0 0 55605 Medical Marijuana Adminlstratvle Citation 32,300 62,584 37,810 0 55000 Parking Fines 4,092,340 4,666,392 5,245,700 6,245,700 55400 Redlight Camera Program 41,360 10,562 0 0 55403 Tobacco Fine 134 0 0 1,000 Subtotal Revenue 225,974,144 228,071,807 254,111,084 Transfers-In/Misc. Recoveries 59000-025 Transfer from Fund 25 0 0 250,000 0 Total Transfers -in 0 0 250,000 0 50001 Prior Year Carry Forward 0 0 10,200,000 0 TOTAL GENERAL FUND RESOURCES 225,974,144 228,071,807 264,561,084 316,678,040 18 75A-1-40 City of Santa Ana General Fund Expenditure Summary Table ACTUAL ACTUAL ADOPTED PROPOSED Acct. Unit DEPARTMENT & DIVISION FY 16.17 FY 17.18 FY 18-19 FY 19-20 POLICE DEPARTMENT 01114400 Office of the Chief of Police 1,993,968 1,492,737 1,800,788 1,737,200 01114401 Fiscal & Budget 871,399 917,563 971,229 1,596,190 01114402 Human Resources 471,841 669,404 762,148 862,630 01114403 Building & Facility 3,615,279 3,993,496 3,330,455 3,681,800 01114404 Backgrounds 889,783 986,669 1,002,821 1,232,700 01114405 Traffic 7,049,637 6,709,829 7,083,291 8,260,980 01114410 Training Services 1,817,216 1,991,711 2,445,510 2,054,460 01114415 Professional Standards 1,209,366 1,223,375 1,302,829 1,262,960 01114016 Cannabis Program 0 0 1,268,797 0 01114420 Field Operations 49,878,727 52,141,033 54,530,347 53,827,810 01114425 Information Systems 1,112,840 1,436,754 1,601,535 1,571,610 01114430 Animal Services 2,272,099 2,743,829 2,342,890 3,145,710 01114435 District Investigations 6,806,940 6,482,084 7,098,974 6,738,890 01114440 Crimes Against Persons 7,482,057 7,512,107 7,298,968 8,163,600 01114445 Special Investigations 4,115,861 3,365,644 3,476,662 2,462,780 01114448 Evidence 845,702 889,663 932,967 872,920' 01114450 CDC 1,217,596 1,161,812 1,370,758 1,346,180 01114455 Forensic Services 2,331,697 2,316,558 2,402,449 2,255,570 01114460 Records Services 1,572,706 1,743,854 2,039,109 1,925,850 01114465 Communications 5,250,075 5,715,691 7,522,958 6,576,610 01114470 Vice 0 134,640 18,280 500 01114471 Investigations Support Services 0 0 0 1,433,360 01114475 Jail Operations 16,366,744 16,262,864 19,096,209 18,682,370 01114480 Regional Narcotic Supp. Prgm 2,111,147 1,598,552 1,573,606 1,619,320 01114485 Homeland Sec. & Crime Prev. 244,288 284,803 254,223 257,670 01114490 Tobacco Retail Lic. Prgm 174,855 193,654 223,528 214,150 Subtotal 119,701,823 121,968,326 131,751,331 131,783,820 FIRE DEPARTMENT 01115330 Fire Suppression & EMS 40,918,911 49,960,061 52,129,291 45,640,920 Subtotal 40,918,911 49,960,061 52,129,291 45,640,920 LIBRARY SERVICES 01111150 Library Services 1,227,643 1,252,300 1,378,560 5,317,480 01111160 Library Youth Services 746,719 874,568 959,425 0 01111180 Library Young Adult Services 402,970 514,950 733,640 0 01111190 Library Technology and Support Services 1,530,987 1,576,625 1,684,855 0 Subtotal 3,908,319 4,218,443 4,756,480 5,317,480 PARKS, RECREATION & COMMUNITY SERVICES 01113200 Administrative Services 1,467,015 1,646,974 1,764,820 1,225,300 01113210 Stadium 225,210 268,788 248,725 5,630 01113220 S.A. Zoo at Prentice Park 1,946,831 2,235,578 2,179,735 2,632,270 01113230 Recreation 4,738,906 4,794,220 5,491,918 6,350,510 01113250 Park Services 5,001,729 5,126,271 4,946,920 10,563,200 01113260 Park Building Services 1,321,285 1,415,563 1,784,580 0 Subtotal 14,700,977 15,487,393 16,416,698 20,776,910 75A91-41 City of Santa Ana General Fund Expenditure Summary ?able Acct. Unit DEPARTMENT & DIVISION ACTUAL FY 16-17 ACTUAL FY 17-18 ADOPTED FY 18.19 PROPOSED FY 19-20 PLANNING & BUILDING AGENCY 01116016 MMD and Adult Use 0 0 373,611 0 01116500 Administrative Services 1,890,694 1,884,842 2,058,673 2,440,920 01116510 Planning Division 1,964,932 1,918,753 3,291,618 2,967,780 01116520 New Construction 1,709,281 1,913,282 2,202,045 2,417,970 01116530 Permits & Plan Check 2,081,770 2,230,580 2,386,364 2,137,370 01116540 Code Enforcement 1,146,159 1,363,681 970,547 1,589,060 01116550 Proactive Rental Enf. Prgm 291,499 304,270 539,162 694,740 01116560 Neighborhood Initiatives Program (NIP) 521,687 564,048 606,053 696,740 Subtotal 9,606,022 10,179,456 12,428,073 12,944,580 FINANCE & MANAGEMENT SERVICES 01110100 Management & Support 881,380 992,605 1,168,258 1,390,320 01110110 Accounting 1,390,802 2,042,376 2,146,723 2,835,530 01110115 Payroll 397,608 544,796 815,180 832,100 01110016 Cannabis Program 0 0 127,905 0 01110120 Purchasing 934,877 696,208 759,782 687,700 01110130 Treasury & Customer Svc. 750,603 962,868 1,004,466 3,925,540 Subtotal 4,355,271 5,238,854 6,022,314 9,671,190 PUBLIC WORKS AGENCY 01117620 Traffic/Transportation Engineering 1,932,307 2,369,248 2,456,545 3,601,950 01117621 Bus Shelter Program 0 0 0 150,000 01117625 Roadway Marking/Signs 527,495 536,253 568,000 568,000 01117630 Streetlight Maintenance 2,463,095 2,485,446 2,330,425 3,068,370 01117642 Graffiti Abatement 0 1,161,335 1,207,345 1,183,320 01117643 Sanitation Services 0 0 1,604,223 4,568,960 01117650 SARTC Maintenance 0 11,007 0 15,230 4,922,898 6,563,290 8,166,538 13,155,830 COMMUNITY DEVELOPMENT AGENCY 01118810 Economic Development 592,396 920,291 759,038 958,520 01118811 Homeless Services 0 0 196,069 420,000 01118825 Sales Tax Rebate 0 0 25,000 1,740,000 592,396 920,291 980,107 3,118,520 20 75A-1-42 City of Santa Ana General Fund Expenditure Summary Table ACTUAL ACTUAL ADOPTED PROPOSED Acct. Unit DEPARTMENT & DIVISION FY 16.17 FY 17.18 FY 18-19 FY 19-20 GENERAL NON -DEPARTMENTAL 01105020 Unfunded Pension Liability 0 0 0 37,142,340 Subtotal 0 0 0 37,142,340 CITY MANAGER'S OFFICE 01105015 General Non -Departmental 5,027,810 3,619,964 3,338,654 5,069,540 01105810 Community Activities - Non Dept. 0 0 0 0 01103010 City Manager's Office 2,061,450 1,947,913 2,251,835 2,181,270 01103011 Civic Center Safety & Security 658,622 14,020 0 0 01104012 Legislative Affairs 383,926 446,424 451,615 602,170 Subtotal 8,131,808 6,028,321 6,042,104 7,752,980 CITY ATTORNEY'S OFFICE 01108016 Cannabis Program 0 0 399,465 0 01108032 City Attorneys Office 3,017,422 2,752,087 3,070,448 3,219,780 Subtotal 3,017,422 2,752,087 3,469,913 3,219,780 HUMAN RESOURCES 01109050 Human Resources 1,277,872 1,288,474 1,766,698 2,490,360 Subtotal 1,277,872 1,288,474 1,766,698 2,490,360 01112030 BOWERS MUSEUM 1,475,706 1,468,035 1,476,130 1,473,430 Subtotal 1,475,706 1,468,035 1,476,130 1,473,430 CLERK OF THE COUNCIL'S OFFICE 01107031 Clerk Administration 820,084 0 1,648,822 1,682,560 Subtotal 820,084 0 1,648,822 1,682,560 CANNABIS PROGRAM 01113203 Youth Programs/Cannabis Enforcement 0 0 5,200,000 0 Subtotal 0 0 5,200,000 0 EXCLUDES TRANSFERS TO FUND 50 0 0 0 TOTAL GENERAL FUND EXPENDITURES 213,429,507 226,073,030 252,254,499 296,170,700 TRANSFER TO PROJECT FUNDS 01106019 Transfer to Fund 012 (Canabis Public Benefit Fund) 0 0 0 6,153,300 01106019 Transfer to Civic Center Maintenance Fund 74 1,464,345 1,179,404 1,179,404 1,179,400 01106019 Transfer to Fund 51 for Capital Project/Debt Payment 684,000 292,000 292,000 292,000 01106019 Transfer to Strategic Plan Fund 52 1,852,290 0 1,794,500 2,494,500 01106019 Police Building Debt Svc. (Debt Payment) 4,622,660 4,622,660 4,622,660 4,621,750 01106019 COSA Lease Financing F404 (Debt Payment) 4,415,905 4,418,020 4,418,020 4,420,830 12,939,200 10,512,084 12,306,584 19,161,780 TOTAL GENERAL FUND USES 226,368,706 236,585,114 264,561,083 315.332,480 75A- 1-43 This Page Intentionally Left Blank 75A-1'-44 FISCAL YEAR 2019-2020 PROPOSED CITY BUDGET WORKFORCE CHANGES Community Safety, Youth Education, Recreation Economic Development, City Financial Stability Community Health, Livability, Engagement & Sustainability Community Facilities & Infrastructure, Team Santa Ana 75.21-45 23 75A-1-46 Proposed Full -Time Workforce Changes - FY 19-20 Organizational Changes Value in months Department Dry. Position Fiscal Impact General Fund Non -General Fund for FY 19-20 Annual Value City Manager'sGfifice 1 Assistant City Manager 251,980 251,980 0 12 month 251,980 (1) Deputy City Manager (251,980) (251,980) 0 12 month (251,980) Total Funded Positions 0 0 Community Development Agency 1 Economic Development Specialist ll 125,600 125,600 0 12 month 125,600 Finance & Management Services Agency 1 Payroll Technician 86,000 86,DD0 0 12 month 86,000 (1) Customer Service Representative (Lead) (126,319) (126,318) 0 12 month (126,318) 1 Revenue Supervisor 135,133 135,133 0 12 month 135,133 (1) Customer Service Representative(Lead) (111,277) (111,277) 0 12 month (111,277) 1 Utilities Customer Service Supervisor 116,865 116,865 0 12 month 116,865 (1) Finance Executive Secretary (91,390) (91,390) 0 12 month (91,390) 1 Executive Secretary 91,390 91,390 0 12 month 91,390 (1) Treasury Services Specialist (114,813) (114.813) 0 12 month (114,813) 1 Financial Analyst(UC) 120,553 120,553 0 12 month 120,553 Total Funded Positions 306,143 106,143 0 106,143 Human Resources 2 Human Resources Analyst 158,250 79,125 79,125 9 month 211,000 (1) Sr. Workers Comp. Claims Exam. (114,30D) (114,300) 12 month (114,300) 1 Human Resources Technician 90,200 90,200 12 month 90,200 (3l Sr. Human Resources Specialist (861100) (43,050) (43,050) 12 month (86,100) 1 Human Resources Technician 67,650 33,825 33,825 ` 9 month 90,200 11) Workers Compensation Supervisor (AM) (152,050) (152,050) 12 month (152,050) 1 Risk Management Supervisor 152,050 152,050 12 month 152,050 (1) Sr. Workers Comp. Claims Exam. (103,980) (103.980) 12 month (103,980) 1 Risk Management Analyst 103,980 103,980 12 month 103,980 (1) Sr. Workers Comp. Systems Tech. (95,270) (95,270) 12 month (95,270) 1 Human Resources Technician 90,200 90,200 12 month 90,200 Total Funded Positions 2 110,630 69,900 40,730 185,930 Information Technology 1 Senior Programmer Analyst 159,600 0 159,600 ` 12 month 159,600 ' 1 Programmer Analyst 146,700 0 146,700 ` 12 month 146,700 ' 1 Senior Systems Administrator 142,500 0 142,500 ' 12 month 142,500 ' Total Funded Positions 3 448,800 448,lhw 44W,800 Community Services/Library 1 Park Services Inspection Supervisor 133,360 133,360 0 12 Month 133,360 6 Park Services Inspector II 437,000 437,000 0 ` 9 month 582,667 3 General Maintenance Worker 214,500 214,500 0 ' 9 month 286,000 1 General Maintenance Worker 301,680 101,680 0 12 Month 101,680 1 Associate Parks & Landscape Planner 103,400 103,400 0 ' 9 month 137,867 1 Zoo Keeper ll 72,400 72,400 0 ` 9month 96,533 1 Librarian 97,400 97,400 0 12 Month 97,400 1 Library Services Director 151,100 151,100 0 ` 9 month 201,467 Library Operations Managers(unfund) 1177,000) (177,000) 0 12 Month (177000) 15 1,133,840 1,133,940 0 1,459,973 Proposed Funding of Unfunded Positions - FY 19-20 Community Services 1 Zoo Operations Coordinator 79,200 79,200 0 12 Month 79,200 Total Funded Positions 16 1,213,040 1,213,040 0 1,539,173 75A41-47 Proposed Full -Time Workforce Changes - FY 19-20 Organizational Changes Value in months Department city. Position Fiscal impact General Fund Non -General Fund for FY 19-20 Annual Value Planning & Building Agency I Planning Assistant 117,200 117,200 0 12 Month 117,200 Agency 2 Total Funded Positions 3 Proposed Funding of Unfunded Positions - FY 19-20 Code Enforcement Officers 282,800 282,800 12 Month 282,800 400,000 227,200 282,800 d00,000 Proposed Full -Time Workforce Changes - FY 19-20 Organizational Changes Value in months Department city. Position Fiscal impact General Fund Non -General Fund for FY 19-20 Annual Value Police Department 2 Senior Office Assistant 193,280 193,280 0 12 Month 193,280 2 Police Services Officers 229,710 229,710 0 12 Month 229,710 1 Graphic Designer 1 0 0 0' 12 Month 0 (1) Jail Administrator (247,641) (247.641) 0 12 Month (247,641) 1 Deputy Chief (Police Captain) 308,730 308,730 0 12 Month 308,730 (1) Police Administrative Manager (221,273) (221,273) 0 12 Month (221,273) 1 Police Administrative Budget Manager 258,D06 258,006 0 12 Month 258,006 (1) Firearms Examiner (162,280) (162,280) 0 12 Month (162,280) 1 Police Investigative Specialist 154,207 154,207 0 12 Month 154,207 (1) Traffic Services Specialist (117,409) (117,409) 0 12 Month (117,409) 1 Human Resources Specialist 115,258 115,258 0 12 Month 115,258 5 510,588 510,588 - 510,588 Proposed Funding of Unfunded Positions - FY 19-20 Value in months city. Position Fiscal Impact General Fund Non -General Fund for FY 19-20 Annual Value Police Department 1 Firearms Examiner 162,280 162,280 0 12 Month 162,280 2 Forensic Specialist 1 253,289 253,289 0 12 Month 253,288 1 Police Evidence and Supply Specialist 119,599 119,589 0 12 Month 119,589 3 Senior Office Assistant 256,595 256,595 0 r 11 Month 289,902 2 Sr.Police Records Specialist 208,248 Zoe 248 0 12 Month 211 9 1,U00,000 1,000,000 1,033,307 Total Funded Positions 14 1,510,588 1,510,588 1,543,895 25 75A-1-48 Proposed Full -Time Workforce Changes - FY 19-20 Organizational Changes Value In months Qty. Position Fiscal Impact General Fund Non -General Fund for N19-20 Annual Value Public Works Agency 9 Assistant Engineer 1,062,000 265,500 796,500 12 Month 1,062,000 1 Civil Engineer 203,000 0 203,000 12 Month 203,000 Deputy Public Works Director/ Construction 1 Services Manager (MM) 257,500 0 257,500 12 Month 257,500 2 Senior Construction Inspector 332,900 0 332,900 12 Month 332,900 4 Engineering Aide 285,500 0 285,500 t 12 Month 285,500 4 Engineering Technician 469,200 41,000 428,200 12 Month 469,200 I Facilities Maintenance Manager (AM) 135,600 0 135,60D 12 Month 135,600 1 Assistant Fleet Services Technician 83,600 0 83,600 12 Month 83,600 1 Fleet Services Manager 135,600 0 135,600 s 9 Month 180,go0 4 Maintenance Worker ll 384,000 288,000 96,000 r 9Month 512,DD0 2 Management Aide 238,200 0 238,200 12 Month 238,200 1 Principal Civil Engineer 199,500 0 199,500 12 Month 199,500 1 Projects Manager 120,700 0 120,700 12 Month 120,700 2 Public Works Projects Specialist 223,600 0 223,600 12 Month 223,600 1 Sanitation Inspector It 114,800 114,800 0 12 Month 114,800 1 Senior Civil Engineer 183,300 0 183,300 12 Month 183,300 1 Senior Office Assistant 26,600 0 26,60D s 12 Month 26,600 (1) Assistant Engineer l (123,700) (123,700) 0 12 Month (123,700) (4) Assistant Engineer ll (816,500) (165,30)) 1651,400) 12 Month (816,500) (1) Custodian (80,760) 0 (80,760) 12 Month (80.760) (1) Facilities& Fleet Maintenance Manager(MM) (221,200) 0 (221,200) 12 Month (221,20(l) (1) Principal Civil Engineer (246,300) 0 (246,300) 12 Month (246,300) (1) Public Works Project Specialist (132,110) 0 (132,110) 12 Month (132,110) (1) Receptionist (167,810) 0 (167,810) 12 Month (167,810) (1) Senior Civil Engineer (256,800) 0 (256,800) 12 Month (256,800) (1) Senior Office Assistant (78,100) 0 (78,100) 12 Month (78,100) (1) Street Painter (130,000) 0 (130,000) 12 Month (130,000) (2) Construction Inspector ll (309700) 0 (309700) 12 Month (309700) Total Funded Positions 22 1,892,g20 420,500 1,472,120 2,065,820 Total Funded Positions 62 5,807,421 3,562,971 2,244,450 6,415,362 s Funding will be offset by reduction in contract services, part-time or full-time positions; partial year funding 26 75A-1-49 Proposal to Continue Carrying Unfunded Positions - FY 19-20 Finance & Management Services 1 Asset Management Analyst Library 1 Library Operations Manager 1 Librarian (previously grant funded) 2 Planning & Building Agency 1 Senior Plan Check Engineer 1 Senior Planner 1 Associate Planner Total: 3 Police Department 1 Animal Service Officer II 1 Police Evidence and Supply Specialist 36 Police Officer 1 Senior Management Analyst 2 Sr. Police Records Specialist 41 Total Unfunded Positions (General Fund): 47 27 75A-1-50 FISCAL YEAR 2019-2020 PROPOSED CITY BUDGET Community Safety, Youth Education, Recreation Economic Development, City Financial Stability Community Health, Livability, Engagement & Sustainability Community Facilities & Infrastructure, Team Santa Ana 75X81-51 M U F U U U U U 0 0 0 0 0 0 U U U U 000000o x x a a x x x zzzzzz o 0 0 0 0 o p wwwaawa F F F F F F � � ypQ]. µyQ. ypy�: ZZ yy 'yyF yy yF 'yF " F O y] y 000 P•i U s O O O -. . 0 0 0 0 0 0 0 it M ® Q o O o o O . n �i O o O o o o o S.O O N � � d A o A re d w�•a a U 0 e G P z ze. 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C N m to tl9 C f0 N C in ++ p H= .N N N> ' K O E m Q a N u o f °�° > v u A+ o -0 a O E Y 1O L'i E ° en •L in a n c �`a N N m l c ++ m C y O y LL v Y N n F- f0 r f0 s Ul > v Ul i °p E C m \ o — UJ Ul Ul > U C cc cu „ N `1 J O o G N N O bA W O .. — a K in O s 0. O=,, d N N+ a CO c c N > N K C (0 > ry p Y Y Y Y 0 o G y Vl M M M f0 N b C O b0 > O N Q a a a a d- u u E E E E o J m v o n a c w° a� U v v C aE Ltlq a� m Q FCC f0 f0 @ f0 a+ Y C C U U U t0 E> O •a N N f0 Q Q Q Q Q m U U w w w F- 37 75A-1-60 FISCAL YEAR 2019-2020 PROPOSED CITY BUDGET Community Safety, Youth Education, Recreation Economic Development, City Financial Stability Community Health, Livability, Engagement & Sustainability Community Facilities & Infrastructure, Team Santa Ana 75k 1-61 This Page Intentionally Left Blank 75A-1-62 75A91-63 Proposals to Delete Fees FY 2019-20 PUBLIC WORKS AGENCY 1. Street Name Sign 6page 74J Existing Fee: $408.40 Proposed Fee: None Fee is being replaced with fee that includes actual sign cost plus cost of installation. 2. Miscellaneous Street signs /page 741 Existing Fee: $419.84 Proposed Fee: None Fee is being replaced with fee that includes actual sign cost plus cost of installation. 3. Tree Planting: 24" box minimum tree [Dage 74I Existing Fee: $819.66 Proposed Fee: None Fee is being replaced with fee that includes cost of tree and planting of tree. 40 75A-1-64 Proposed New Miscellaneous Fees FY 2019-20 41 75A-1-65 Proposed New Miscellaneous Fees FY 2019-20 PUBLIC WORKS AGENCY L Street Signs !page 72J Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public for the actual cost of the street sign plus the labor of city staff or contractor. 2. Street Sign Installation by City Staff/Contractor/ 72J Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public for the labor of city staff or contractor. 3. Tree Health Arborists Evaluation !page 721 Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public for the labor of the Certified Arborist. 4. Tree Removal by City Staff/Contractor -- 721 Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public to for the labor of tree removal. Cost will vary depending on the species and the maturity of the trees. 5. Tree Value Recovery [page 731 Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public based on the actual value of the tree. 42 75A-1-66 Proposed New Miscellaneous Fees FY 2019-20-Continue PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 6. Grass Areal page 191 Existing Fee: None Proposed Fee: Hourly Rates: 1-50 People: Resident $10, Non -Resident $20 Each Additional 50 People: Resident $5, Non -Resident $10 This fee will be charged to the public to reserve space at City parks. 7. Memorial Center Stage page6I Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2-$15.00, 3-$30.00, 4-$20.00, 5-$40.00 This fee will be charged to the public to reserve the Stage at Memorial Park 8. Picnic Area !page 191 Existing Fee: None Proposed Fee: Hourly Rates: 1-50 People: Resident $10, Non -Resident $20 Each Additional 50 People: Resident $5, Non -Resident $10 This fee will be charged to the public to reserve picnic areas at City parks. 9. Roosevelt/Walker Community Center Multi -Purpose Room (page 61 Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2-$20.00, 3-$41.00, 4-$30.00, 5-$60.00 This fee will be charged to the public to reserve the multi -purpose room as Roosevelt/Walker Community Center. 75A31-67 Proposer! New Miscellaneous Fees FY 2019-20 PARKS RECREATION AND COMMUNITY SERVICES AGENCY —CONTINUE 10. Santiago Park -Amphitheater (Stage) (Santiago Wildlife and Watershed Centerl lDege TJ Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2415.00, 3430.00, 4420.00, 5-$40.00 This fee will be charged to the public to reserve the amphitheater at Santiago Park 11. Showmobile-Towing Fee loage2OJ Existing Fee: None Proposed Fee: $230 This fee is the cost that the City pays a towing company to move the showmobile to a location and back. 12. Southwest Senior Center -Class Room 1page 3J Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2-$20.00, 3441.00, 4430.00, 5-$60.00 This fee will be charged to the public to reserve the class room at Southwest Senior Center 44 75A-1-68 75A51-69 Proposals to Modify Existing Fees FY 2019-20 FINANCE & MANAGEMENT SERVICES AGENCY 1. Turn on or Turnoff fee [pagelOJ Existing Name: Turn on or Turn off fee Proposed Name: Meter Turn On or Meter Turn Off Fee Fee name updated to reflect a more accurate description of service. PLANNING AND BUILDING AGENCY 2. Historic Pronerty Preservation Agreement[page26J Existing Fee: $4,422.59 Each Proposed Fee: $3,589.14 Each As a result of streamlining efforts the time it would take each staff involved to process a Mills Act application has decreased thereby reducing the total cost. 3. Self -nomination of Properties to the Santa Ana Register of Historical Properties [page261 Existing Fee: $5,814.41 Each Proposed Fee: $3,589.14 Each As a result of streamlining efforts the time it would take each staff involved to process a Self - nomination of properties to the Santa Ana Register of Historical Properties application has decreased thereby reducing the total cost. 4. Category 5 - Exterior Telephones (Pay Phones) - First Pay Phone [,vage23J Existing Fee: $70.96Each Proposed Fee: $603.19 Each Due to clerical error fee amount was misprinted in FY 2018-19. Staff completed fee calculation, proposed fee reflects cost of service. 5. Negative Declaration - In -House- Plus reimburse City for actual cost [aage25J Existing Fee: $72,483.15 Fee Proposed Fee: $75,324.49 Fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 46 75A-1-70 Proposals to Modify Existing Fees FY 2019-20 PLANNING AND BUILDING AGENCY -CONTINUE 6. NePative Declaration - With Consultant- Plus reimburse City for actual cost !lage25J Existing Fee: $72,483.15 Fee Proposed Fee: $75,324.49 Fee 10%of Consultant Fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 7. Negative Declaration -Without Studies- Plus reimburse City for actual cost A®ege25J Existing Fee: $7,960.87 Fee Proposed Fee: $8,272.94 Fee 10% of Consultant fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 8. Environmental lmoact Report - In -House lmage25J Existing Fee: $ 111,016.77 Fee Proposed Fee: $ 115,368.63 Fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 47 75A-1-71 Proposals to Modify Existing Fees FY 2019-20 PLANNING AND BUILDING AGENCY -CONTINUE 9. Environmental Impact Report- With Consultant[page25J Existing Fee: $ 111,016.77 Fee Proposed Fee: $ 115,368.63 Fee 10% of Consultant fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. PARKS. RECREATION AND COMMUNITY SERVICES AGENCY 10. Multi -Purpose Field Fees [page M6J 18/7.9 FEE 19/20 CPI ADJ. FEE PROPOSED FEE ADULT RESIDENT/ NON-PROFIT Per Hour 14.16 14.71 15.00 YOUTH NON-RESIDENT/ PROFIT Per Hour 10.31 10.71 11.00 YOUTH RESIDENT/ PROFIT Per Hour 3.44 3.58 4.00 YOUTH RESIDENT/ NON-PROFIT Per Hour 1.70 1.77 2.00 This fee will be charged to the public to reserve fields at City parks. Requesting to round up the fee to next whole dollar. 11. Multi -Purpose Court Fees [p>ge_161 18/19 19/20 CPI ADJ, FEE FEE PROPOSED FEE ADULT NON-RESIDENT/ PROFIT Per Hour 14.16 14.71 15.00 ADULT NON-RESIDENT/ NON-PROFIT Per Hour 12.39 12.88 13.00 ADULT RESIDENT/ NON-PROFIT Per Hour 7.08 7.36 8.00 YOUTH NON-RESIDENT/ PROFIT Per Hour 5.31 5.52 6.00 YOUTH NON-RESIDENT/NON-PROFIT Per Hour 3.55 3.69 4.00 YOUTH RESIDENT/ PROFIT Per Hour 1.76 1.83 2.00 YOUTH RESIDENT/ NON-PROFIT Per Hour 0.85 0.88 1,00 This fee will be charged to the public to reserve courts at City parks. Requesting to round up the fee to next whole dollar. 48 75A-1-72 Proposals to Modify Existing Fees FY 2019-20 PARKS, RECREATION AND COMMUNITY SERVICES AGENCY -CONTINUE 12. DYSC Reservation Fee- No Admission [page_ 171 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE TUU IN KWIUCN I/MIDI-II rer Flour `.l.Zy YOUTH RESIDENT/ NON-PROFIT Per Hour 4.46 4.64 5.00 This fee will be charged to the public to reserve the Dan Young Soccer Complex Field at Centennial Park. This fee is associated to events that require no admission fee. Requesting to round up the fee to next whole dollar. 13. DYSC Synthetic Turf Youth Field [pake_171 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE YOUTH NON-RESIDENT/NON-PROFIT Per Hour 18.60 19.33 33.00 YOUTH RESIDENT/ PROFIT Per Hour 9.29 9.66 16.00 YOUTH RESIDENT/ NON-PROFIT Per Hour 4.46 4.64 8.00 This fee will be charged to the public to reserve the Dan Young Soccer Complex Synthetic Turf Field at Centennial Park. Requestingto modify the fee to have fees for synthetic turf fields be consistent. 14. Willard Intermediate Sports Field [page_17] FEE 19/20 CPI ADJ. FEE PROPOSED FEE NUN-KI:bIMNI/VKVMI rer Hour 43.4( RESIDENT/NON-PROFIT Per Hour 7.66 7.96 8.00 This fee will be charged to the public to reserve the Willard Intermediate Synthetic Turf Field at Willard Intermediate School. Requesting to modify the fee to have fees for synthetic turf fields be consistent. 15.Athletic Facility Lights [page_17.1 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE YOUTH RESIDENT/ PROFIT I Per Hour 4.08 4.24 5.00 This fee will be charged to the public to provide lights for athletic facilities at City parks. Requesting to round up the fee to next whole dollar. 16. Hector Godinez Lights fnaEe A FEE 19/20 CPIADJ.FEE PROPOSEDFEE rer Hour Z.dZ Z.41 J.UU Per Hour 4.64 4.82 5.00 This fee will be charged to the public to provide lights for fields at Hector Godinez. Requesting to round up the fee to next whole dollar. 49 75A-1-73 Proposals to Modify Existing Fees FY 2019-20 PARKS RECREATION AND COMMUNITY SERVICES AGENCY -CONTINUE 17. Stadium Sporting Events Fee ipage_181 18/19 FEE 19/20 CPI AD). FEE YOUTH RESIDENT/ NON-PROFIT I Per Hour 7.65 7.95 PROPOSED FEE 8.00 This fee will be charged to the public to provide lights for sporting events at the Stadium. Requesting to round up the fee to next whole dollar. 18. Events Trailer -Tables and Chairs fpaEe201 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE CHAIRS Per Chair/Day 1.81 1.88 2.00 This fee will be charged to the public to rent tables and chairs. Requesting to round up the fee to next whole dollar. 19. Sports Youth: Registration for Baseball T-Ball Basketball Flag football. Kickball. Softball Soccer, and Volleyball. [page 20] 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE UNiRT-MKA tacn 1[,u4 1G.D1 13.VV CAP -EXTRA I Each 12.04 12.51 13.00 This fee will be charged to the public to provide extra items listed for youth sports programs. Requesting to round up the fee to next whole dollar. 20. Vacation Recreation Program i page 201 FEE 19/20 CPI ADJ. FEE PROPOSED FEE Child This fee will be charged to the public to participate in the vacation recreation program. Requesting to round up the fee to next whole dollar. 50 75A-1-74 1 „ 1 PARKS, RECREATION AND COMMUNITY SERVICES AGENCY -CONTINUE 21. Family PRIDE Fees [page_ 201 HALLOWEEN DANCE CHRISTMAS DINNER TEEN DANCE 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE Per Child 2.86 2.97 3.00 Per Adult 4.30 4.47 5.00 Per Child 1.43 1.48 2.00 Per Adult 4.30 4.47 5.00 Per Child 7.14 7.42 8.00 Per Adult 10.01 10.41 11.00 Per Person 4.30 4.47 5.00 This fee will be charged to the public to participate in various Project PRIDE Programs. Requesting to round up the fee to next whole dollar. 22. Excursion Bus Fee [page 21 PER ADULT FEE 19120 CPI ADJ. FEE PROPOSED FEE 7.14 7.42 8.00 This fee will be charged to the public for bus excursions. Requesting to round up the fee to next whole dollar. 23. Portable Restroom Fee [page_211 18/19 FEE 19/20 CPI ADJ, FEE PROPOSED FEE PORTABLE RESTROOM FEE Per Hour 3.20 3.33 4.00 This fee will be charged to the public for portable restrooms specific to tennis site. Requesting to round up the fee to next whole dollar. 24. Park Facilities/Reservation/Audio Permits [page 221 Existing Name: Park Facilities/Reservation/Audio Permits Proposed Name: Audio Permits Provide clarification as fee is for Audio Permits only not for Park Facility &/or Reservation Permit. 75A'1-75 Proposals to Modify Usting Fees FY 2019-20 POLICE DEPARTMENT 25. Vehicle Citation Sign Off - SAPID [page 651 Existing Fee: $5.54 per citation Proposed Fee: $5.00 per citation This fee needs to be modified to reflect a flat rate. 26. Copy of Lost Citation [page 661 Existing Fee: $2.22 per hour Proposed Fee: $2.00 per hour This fee needs to be modified to reflect a flat rate. 27. Police Incident Reports [page 66] Existing Fee: $.20 per page *reports in excess of 20 pages Proposed Fee: $.20 per page This fee needs to be modified to reflect in flat fee per page regardless of the number of pages. 28. Police Crime Reports [page 66] Existing Fee: $.20 per page *reports in excess of 20 pages Proposed Fee: $.20 per page This fee needs to be modified to reflect in flat fee per page regardless of the number of pages. 29. Police Security Services -Commander [page 66] Existing Fee: $89.87 per hour Proposed Fee: $94.15 per hour This fee needs to be modified to reflect the salary increases in this job classification. 52 75A-1-76 Proposals to Modify Existing Fees FY 2019-20 POLICE DEPARTMENT -CONTINUE 30. Police Security Services -Police Officers [page 681 Existing Fee: $50.27 per hour Proposed Fee: $60.75 per hour This fee needs to be modified to reflect the salary increases in thisjob classification. 31. Police Security Services-PCO/PSO/Reserve [page 681 Existing Fee: $50.27 per hour Proposed Fee: $60.75 per hour This fee needs to be modified to reflect the salary increases in thisjob classification. 32. Police Security Services -Sergeant [page 68] Existing Fee: $112.46 per hour Proposed Fee: $129.15 per hour This fee needs to be modified to reflectthe salary increases in thisjob classification. 33. Equipment Violation [page 671 Existing Fee: $10.39 per hour Proposed Fee: $10 per hour This fee needs to be modified to reflect a flat rate. 75A31-77 FISCAL YEAR 2019-2020 PROPOSED CITY BUDGET Community Safety, Youth Education, Recreation Economic Development, City Financial Stability Community Health, Livability, Engagement & Sustainability Community Facilities & Infrastructure, Team Santa Ana 75A-1-78 Exhibit 3 available at: IIIFWA sites/default/files/fina M WA Me , mew FAsi " 75A-1-79 75A-1-80 EXHIBIT 4 RESOLUTION NO, 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO, 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, Install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On June 16, 2015, the City Council adopted Resolution No. 2015-026 amending and re-establishing the Basic Classification and Compensation Plan for all Full -Time and Part -Time Classifications of Officers and Employees of the City of Santa Ana. C. It is the City's practice to assign Job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates. D. The Human Resources Department has completed a review of the various departmental requests to make changes to the City's organizational structure, classification titles, and staffing which revealed the need to effect certain changes to the City's basic classification and compensation plans. E. The City Council has amended and reestablished the Basic Classification and Compensation Plan on numerous occasions since its adoption. It is now desired to amend Council Resolution No. 2015-026, as amended, in order to effect these changes, as shown below: Resolution 2019-XXX Page 1 of 8 75A-1-81 Section 2: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "A" as follows: A. Adding the following full time classification title at the monthly fifteen -step salary rate range indicated: 15- tep Salary Rate Range Effecting 07/Q1117 Monthly Salary Classification Title SSR Minimum -Maximum Library Services Director EM-33 $10211 - $14428 B. Changing the salary rate range for the full time classification titles at the monthly fifteen -step salary rate range indicated: Classification Title FROM: Assistant City Manager (EM) Deputy City Manager (EM) TO: Assistant City Manager (EM) Deputy City Manager (EM) 15-Step Salary Rate Range Effective 07/01/17 Monthly Salary SSR Minimum -Maximum EM-39 $11842 - $16732 EM-44 $13397 - $18933 EM-44 $13397 - $18933 EM-39 $11842 - $16732 Section 3: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "B" as follows: A. Changing the title and salary range for the following full time classification titles at the monthly six -step salary rate range indicated: 6-Step Salary Rate Range Effective 09/01/17 Mor,thly,Salary Classificatipn Title SSR Minimum Maximum FROM: Human Resources Clerk (UC) 571 $3669 - $4684 TO: Human Resources Administrative Assistant (LIC) 581 $3852 - $4919 Resolution 2019-XXX Page 2 of 8 75A-1-82 B. Deleting the title for the following full time classification titles at the monthly six -step salary rate range indicated: 6-Step Salary Rate Range Effective 09/01/17 Monthly Salary Classification Title SSR Minimum -Maximum Finance Executive Secretary (UC) 616 $4574 - $5840 Human Resources Receptionist (UC) 571 $3669 - $4684 Liability Claims Processor (UC) 593 $4085 - $5219 Loss Control Analyst (UC) 663 $5755 - $7344 Loss Control Technician (UC) 642 $5194 - $6630 Risk Management Coordinator (UC) 648 $5350 - $6826 Senior Human Resources Receptionist (UC) 689 $4010 - $5118 Senior Risk Management Technician (UC) 642 $5194 - $6630 Senior Workers Compensation Claims Assistant (UC) 617 $4596 - $5868 Senior Workers Compensation Claims Examiner (UC) 682 $6313 - $8059 Workers Compensation Claims Assistant (UC) 593 $4085 - $5219 Workers Compensation Claims Examiner (UC) 652 $5453 - $6959 Workers Compensation Systems Technician (UC) 603 $4290 - $5480 Section 4: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "C" as follows: A. Adding the following full time classification title at the monthly five -step salary rate range indicated: 5-Step Salary Rate Range Effective 07/01/17 Monthly Sall Qiassification Title SSR Minimum -Maximum Police Administrative Budget Manager (RM) M 810 $10868 - $13210 (Non -Sworn) Section 5: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "E" as follows: A. Adding the following full time classification title at the monthly seventeen - step salary rate range indicated: 17-Step Salary Rate Range Effective 09/01/17 Month) Salary Classification Title SSR Minimum -Maximum Deputy Public Works Director/ MM-26 $9821 - $14576 Construction Services Manager (MM) Resolution 2019-XXX Page 3 of 8 75A-1-83 B. Changing the title for the following full time classification titles at the monthly seventeen -step salary rate range indicated: 17-Step Salary Rate Range Effective 09/01/17 Monthly Salary Classification Title SSR Minimum -Maximum_ FROM: City Engineer (MM) Public Works Maintenance Manager (MM) Water Resources Manager (MM) TO: Deputy Public Works Director/ City Engineer (MM) Deputy Public Works Director/ Maintenance Services Manager (MM) Deputy Public Works Director/ Water Resources Manager (MM) MM-28 $10317 - $15315 MM-24 $ 9344 - $13875 MM-26 $ 9821 - $14576 MM-28 $10317 $15315 MM-24 $ 9344 - $13875 MM-26 $ 9821 - $14576 C. Deleting the title for the following full time classification titles at the monthly seventeen -step salary rate range Indicated: Classification Title Deputy Building Official/ New Construction (MM) Deputy Building Official/ Plan Check (MM) 17-Step Salary Rate Range Effective 09/01/17 Monthly Salary SSR Minimum -Maximum MM-22 $8898 - $13207 MM-25 $9581 - $14223 D. Adding the following full time classification titles at the monthly five -step salary rate range indicated: 6-Step Salary Rate Range Effective 09//01/17 Monthly Salary Classification Title SSR Minimum -Maximum Facilities Maintenance Manager (AM) AM-723 $7711 - $9376 Fleet Services Manager (AM) AM-723 $7711 - $9376 Resolution 2019-XXX Page 4 of 8 75A-1-84 E. Deleting the title for the following full time classification titles at the monthly five -step salary rate range indicated: 5-Step Salary, Rate Range Effective 09/01/17 Monthly Salary Classification Title SSR Minimum -Maximum Benefits Supervisor (AM) AM-723 $7711 - $9376 Workers Compensation Supervisor (AM) AM-723 $7711 - $9376 Section 6: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "F" as follows: A. Adding the following full time classification titles at the monthly seven -step salary rate range indicated: Classification Title Assistant Engineer Civil Engineer Correctional Records Supervisor Engineering Technician Senior Construction Inspector Utilities Customer Service Supervisor 7-Step Salary Rate Range Effective 09/01/17 Monthly Salary, SSR Minimum -Maximum 670 $5488 - $7355 748 $8029 - $10771 638 $4694 - $6291 624 $4382 - $5876 686 $5934 - $7951 645 $4858 - $6510 B. Changing the title for the following full time classification titles at the monthly seven -step salary rate range indicated: 41FM Classification Title Assistant Engineer it Assistant Fleet Equipment Technician Construction Inspector I 901 Associate Engineer Assistant Fleet Services Technician Construction Inspector Resolution 2019-XXX Page 5 of 8 7-Step Salary Rate Range Effective 09/01/17 Monthly SalarX SSR Minimum -Maximum 733 $7463 - $10005 596 $3822 - $5126 660 $5226 - $7005 733 $7463 - $10005 596 $3822 - $5126 660 $5226 - $7005 75A-1-85 C. Deleting the title for the following full time classification titles at the monthly seven -step salary rate range indicated: Classification Title Assistant Engineer I Construction Inspector II Downtown Development Liaison Employment Services Fiscal Specialist Environmental Coordinator Housing Authority Intake Specialist Intake Specialist Landscape Development Associate Property Rehabilitation Assistant Senior Assistant Engineer 7-Step Salary Rate Range Effective 09/01/17 Monthly Salary SSR Minimum -Maximum 720 $7005 - $9388 671 $5515 - $7391 681 $5790-$7761 651 $5002 - $6702 710 $6670 - $8941 567 $3318 - $4448 567 $3318 - $4448 710 $6670 - $8941 600 $3896 - $5226 748 $8029 - $10771 Section 7: The Santa Ana City Council amends Resolution No, 2015-026, Exhibit "H" as follows: A. Deleting the title for the following represented categories of non -civil service part-time classification title at the hourly five -step salary rate range indicated: Classification Title Accountant Loss Control Office Assistant Purchasing Agent Structural Plan Examiner I Structural Plan Examiner II 5-Step Salary Rate Rance Effective 07/01/17 Hourly Salary Minimum -Maximum $33,13 - $40,27 $19.56 - $23.77 $30.80 - $37.42 $33.14 - $40.27 $35.48 - $43.11 Section 8: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "I" as follows: A. Adding the title for the following seasonal and other unaffiliated categories of non -civil service part-time classification title at the hourly five -step salary rate range indicated: 5-Step Salary Rate Range Effective 07/01/17 Hourly Salary Classification Title Minimum -Maximum Human Resources Clerical Aide $13.94 - $16.95 Resolution 2019-XXX Page 6 of 8 75A-1-86 B. Deleting the title for the following seasonal and other unaffiliated categories of non -civil service part-time classification title at the hourly five -step salary rate range indicated: 5-Ste)Salary Rate Range Effective 07101(17 Hourly Salary Classification Title Minimum -Maximum Redevelopment Project Coordinator $42.06 - $51.11 Section 9: All salary rate range classifications are set forth in the City's "Salary Schedule" as periodically updated. Section 10: That except as amended by this Resolution, all other provisions of Resolution No. 2015-026 as amended shall remain in full force and effect Section 11: This Resolution is operative from and after the date upon which it is adopted. ADOPTED this 4th day of June, 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: oAdl Laura A. Rossini Senior Assistant City Attorney Resolution 2019-XXX Page 7 of 8 Miguel A. Pulido Mayor 75A-1-87 u AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019- to be the original Resolution adopted by the City Council of the City of Santa Ana on June 4, 2019 Date: Clerk of the Council City of Santa Ana Resolution 2019-XXX Page 8 of 8 75A-1-88 EXHIBIT 5 CITY OF SANTA ANA Bristol Protected Bike Lanes 3" & Bush Street Public Restroom MacArthur Slurry Bahl to Bristol Roosevelt Walker community center and Recreational Improvements Parking Structure Improvements Fiscal r�ot9i7o2o � 75A-1-89 rnL L 7 v m 0 c® a) ° T c c L c L c a) c o ID �� (B m ryoow U� `_ o o � � o-c d 0U p o Qo�L 3 e : c� m �o -° .0 0 0 E c. (n N C O N O C L T O '0 CU CoQ>c@Y�maE ° roa)d >°�2 � a> �. ma co mN E o o ai m o N 0)U) a) (on m a° o � � m m a)y a)•G °'o L o u) I— {."G". O U) y-, ° •> = N N N c aOL i ".' "O a) o ° '6 ® m > 'a 0 2 U O -O L a) 0 L L O -C U c a) c w r- a) O) a) .N 1 U i- Co N }7, Co .�. � OO a) 0 0 a) c m U a� E C N U U C J C C L a) �' c 0-.C) a •`L) 0 0 N OU U C �'m �3 �n)y'oo0�O�m0o >Qo� UCE Ey mcmm°� w.l�c� Mx�c y. N O- n 'U) L L U a) W a3 a) C N -O W C@ O U U U T V) r>. 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Oc � c 0 cn cco c ®� o uoa @�� c m °m n C5 @ a) - L- c � � m co C m �°c)�p N ® ®m.oE0)c c o w m aci rn0 ®o a N Q.0 m~ o E 0 e� 0QN CL L aa)) c`o EIL c y�L o N� @ m Co a`) 0 3 �L®o ° c o m n@@ a �ccoaa)i a) 0 aa)) @p-V o aoiw m L @ E o N a) 6W ° o Q N E a >O o 9. a) C V) C� c.3� �a)ina) 0 a) �N a o) � U) U) > L � > Z 0L� CU E E c o d 9 a p x o F- a) e a @ o p E N C@ o a m O m c H x�ataa .- o a) E a) C. N rn •- �`� N�.cv@�x@ i2®.m� cma) W e a) o p `em L p@ C c d '@ @@ �(if'0 BEN +1�ao p a'O Co O a L > c m vm o)C o o ��y m'> a O N>1 oC�cCL -a cc op)ooW o°@ N 3 0° c c c m@ o m o m aw)�� @ La a o nm > (cmmQena) o@ W amo o m ) 2 w o a) @ o 75A-1-91 CD N N W a° m u- E U a)C � O .°c U � � E CU a 6] CM CLy-0 O p •� > C N O m � L O O n N C p � O CL OL Q U CL Q ° E 0- y tY CO o O O 6) mE E 1p oE N O Y L m N C7 m0. L t d U (6 m m 0 (D w(n3 m Y �C0(no m 7 C C N N C0�c30 CO m y C y a) m'y EU m N C m N 0 c ° N >1 C ~ (6 (L)cu U 8 CL ° C w- O O O L N c N C O O > O N N O O N E W. U CL ® > O � N'�oOL N L E J CL Ott 6} m m W U m O) E U W�a 0 m o E O - D U) L O_ _ Q N O_ 3Q : , (n m G N O O C ?i0 - Y C > C O 0 C CL CL w O N(D E a m - EM p N m N (C E � LyJ O O 0 N C U (nuj m U N C N N 0 L > c G Y N >i U 0 6) (n N a(D Wed N N i N v) r O C a p r G C I N U N >O C ° c E °0 m 3 (D (n UJ a o 33 E l- U'O �o C E'C Q.0 N Ep Wd Y O L L p C U NYIL L... U N 4 O (D 0 0 tOi) M O m O L C p -° C G •N m V O p_ C m E E C tp 0 m O m 6) LL C p 0 C m 4) UCNE O "�' 0 0 U 6) 0 0 CB`J U CO U N LL a'(p *�Uma(n 3 `m 0 6) ° > O U w Y m E 0U O C L O N C O N 7 N N m L"' W .O .0 0 O (n m N O o GJ n. p s C ai U L m i• O N W u) 6) (n N N 0M.�" U rsa�. > m E of N m a 75A-1-92 N C i T d C X C z� N a)(6 m O'm O W. p L LL U 6) 41 O .0 ,-•y C m r- O. L.L -0N C O U m N 0)E N O E LU Q N �Q w N C)> i N a)- X p 0 g E W 0 s o U Idd r •~ •� C N N CDC O m wL.+ � .� O L Jj- N t m z° H a)O b ao N o vi o0 ami Cco O a) a) O N Y C _ E' �y0 a co°a'>'E o U L L U O C> Y m > U •- m >.E CIJ t m O O C W a s o a o �a 66 (D C Y a m c� o E c� E 0 �00'L ° 0: n °0 L0)o 5 m p-�a� mQ 001( M 0 z a� m U i= is O O H i i s e i i i i i i 1 _ 0 I I 1 1 1 1 1 NpS Iv Iv8 IL%p Iv 1 y �O 8 ;8 8 ;8 ;o ;8 8 ^ ^ M rM 1 1 1 I I I 1 1 1 I 1 1 I 1 I 1 I 5 1 1 I 1 1 1�s{�V°ayylhh] zW F O N I I 1 I I I h ow N ry0w LC Ir UU d W N n I I I W 1 1 V 1 I z I I I I I I jW F !c Cfi E .a ;U � e W d o c 14 ;2- li r, � I � Iry � ;� IN � IN 'A �N ,rd• � 'a b ;a 'a 'x ,m P.I .: 75A-1-94 N Y1 Q� N ti o o c o 0 I I 1 I I I I I I i i i i i i I I i I I I I I I I I I I ,� Iv �9 IaQtl 'J o c y c v G ;2 v * j 'N j i'C L � o Iw ��'w ,w` �� ��=tH � 75A-1-97 I I 1 I 1 I I I 1 i I 1 I �E v o G y 0 N i ro i o �a a t\ H nl 1 ;6 I`c W �+ 0 �g 0 0 Cc; o 0 0 'c ,w I 1 1 1 1 1 1 I 1 1 I 1 1 1 I 1 1 1 I IQ I I 1 I 1 1 1 I 1 1 I O O M 1 O M n V 1 1 1 I ,o �o Q 'N t I 1 I I I I I I I I 1 1 I 1 '„ ✓ � O ' � 1 C 1 � ' u I L , � � C � � � Ca i`-So LQ ,' 1 U, i s [y' a la 'a ;pa �� ;u Iv IU �u �,U 75AA -98 Ih CO;o ,p I 1 I 1 1 I I 1 I I 1 1 I I I I I I 1 I I I 1 1 I I 1 1 I 1 1 I 1 I I I 1 I 1 1 I I 1 1 I I I I 1 F fl o o 45 =' v 75A-1-99 O N O a ^1 Fi i^ E z e s is O V ro 75A-1-100 C O Y m � O H N C O c 2 m O m > 0 O VI ° 3 O -. U w 3 w v m m C LL tl O O m E C OJ O m m s o m> �, v>>> o 0 0 u c e env v e E Q u a .� O O. m u E T O. w a m E a„ v� E E c c c m is m ❑, v v Vl C v E u_ C> :� '�+ o a e° E w m¢� m m et u ;. ocn v c ! m :° -O ro = a E j c omn a aei E .7 0 m� c m :o w -: m aJ F- m c> w m m ao c E v m m m m N v o _c U o. s o c' E a s c m 3° -�'0 a omn >— c c c c L m m vmi > w a"i v u° �° aai t > a m e > > a > m¢ >• .c v 0 e m Ct t nn ¢ c m ao ¢ Q¢ Q o'om 3 vo cv o R `6f. ¢ m U W Y .� O a n. w a' �n v� h� h H H �5 75A-1-101 v C Q C N 0 v c m l5 v v N s m d c c v c a � N cu O E O .� O W •C C O m O. E E U 0 C O c c@ c E > c c v o c E u C N al 0 E O` N T ac a U T aO+ w C O. fE`a 't0 U E Vl N j �1j0 Q C_ N pp O. O. m N cu 9 >> O ry O E N W O Y U G E Y m `o. `L 0 o a ° cc toi7i o. v o w o N E v a� o 'm v 1^ c> c v E a E E �; V„ — m .y r� o c E v f0 pv c £ E ou v> c c z m .� c a° E c a v> c 'm o' o w o j° a w n°o E o v ra w a) v •L c w a '�° ,n o a p �. 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O O h \5 O O aC tl" q" h a ti O M h 4Po Q O O O O O O O n n o b O ry O ry O O N N N O b b b V b O O O O O O O N O N O N O N O O N N O o 0 n n b a q w ti ti a o m o 0 0 0 0 ti b O a m h h 1 N N h ry O O O O O h O O O O O M O O O O O ry" ti n �T ti ti O O O O W ti O O O O V H I� I O 75A-1-201 75A-1-202 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: ADOPT RESOLUTION ESTABLISHING FISCAL YEAR 2019-20 MISCELLANEOUS FEES AND SANITATION FEE (STRATEGIC PLAN 4, 2A) f � CITY MACAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Ia14:8 RDiv, I -*I 1. Adopt a resolution establishing a Uniform Schedule of Miscellaneous Fees for Fiscal Year (FY) 2019-2020. 2. Adopt a resolution to reduce the Sanitation Fee for Fiscal Year (FY) 2019-2020. DISCUSSION The Miscellaneous Fee Resolution (Exhibit 1) is comprised of various charges associated with but not limited to the following: city services, building and enterprise related fees. Miscellaneous Fees (Fees) are intended to recover the City's costs associated with delivering the corresponding services, however the collection of Fees do not exceed the City's actual costs in delivering the said service. On an annual basis, fees and related services associated with the Miscellaneous Fee Resolution, are reviewed and adjusted to reflect the City's costs in delivering the services. Unless otherwise noted, the Fees are increased 3.92%. This percentage increase reflects the change in the Consumers Price Index (CPI) -Urban, All Services Component, for the Los Angeles -Riverside - Orange County area in a twelve-month period ending December 31, 2018. Furthermore, each department has confirmed that the actual cost of providing the service does not exceed the proposed fees for FY 2019-2020. The FY 2019-2020 Miscellaneous Fee Schedule identifies all fees assessed as well as proposed new fees and those recommended for adjustment (Exhibit 2 and Exhibit 3). The FY 2019-2020 Miscellaneous Fee Schedule includes the continued waiver of the Credit Card Processing fee, along with the following items: • Establishment of twelve (12) new fees to recover the City's costs • Modification of thirty-three (33) existing fees • Deletion of three (3) fees that are no longer active 75A-2-1 Fiscal Year 2019-2020 Miscellaneous Fee Resolution June 4, 2019 Page 2 After City Council adoption, all proposed fee changes become effective July 1, 2019. Additionally, the City's Sanitation fee is based on costs to provide sanitation services in accordance with municipal code (SAMC Sec. 18-601). For fiscal year 2019-2020, the fee will be reduced from $12.94 to $10.70 based upon the proposed expenditure budget. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #2, (provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (adopt a budget that is in alignment with the financial forecast and strategic plan). FISCAL IMPACT The proposed fee schedule will generate additional revenue for the City, which has been included in the General Fund revenue estimates for FY 2019-2020. APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Do s, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Miscellaneous Fee Resolution 2. Miscellaneous Fees Schedule 3. Summary of Proposed New, Modified, and Deleted Fees 4. Sanitation Fee Resolution 75A-2-2 �IDt3t7 LS 6.4.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2019-2020 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon those persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2019-2020 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2019-2020, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 3.92%, so that certain proposed fees for Fiscal Year 2019-2020 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumer Price Index -All Urban Consumers Component for the Los Angeles -Riverside -Orange County area (CPI) in a twelve-month period ending December31, 2018. E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 3.92% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 3.92% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Similarly, in a few limited circumstances, agencies have determined that the fee should be deleted; new charges should be added or modified; or, existing charges raised beyond this 3.92%. Such charges are listed in the 'Proposed New Miscellaneous Fees' and 'Proposal to Modify Existing Resolution No. 2019-xxx 75A-2-3 Page 1 of 3 LS 6.4.19 Fees', attached to the staff report submitted for this matter and made a part hereof by this reference. F. In order to have a single comprehensive document for Fiscal Year 2019- 2020, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that It is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. G. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed, H, Based upon the testimony, reports and other evidence submitted on this matter, this City Council makes the above -specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2019-2020 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2018.040 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2018.040 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that It would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after July 1, 2019. Resolution No. 2019-xxx 75A-2-4 Wage 2 of 3 LS 64,19 ADOPTED this day of June, 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: 0 '' Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on June , 2019. Date: Acting Clerk of the Council City of Santa Ana 75A-2-5 Resolution No. 2019-xxx Page 3 of 3 75A-2-6 -Y ZU78-10Z0 Proposed Miscpllanpe to"- 0 % 0 a If you have any questions regarding the fees or rates in this document, please contact the appropriate departmental representative listed below: Section Representative Phone ALL DEPARTMENTS Budget Office 647-5420 CLERK OF THE COUNCIL Norma Mitre 647-5237 COMMUNITY DEVELOPMENT AGENCY Susan Gorospe 647-5376 FINANCE & MANAGEMENT SERVICES Will Holt 647-5440 FIRE SERVICES Budget Office 647-5420 LIBRARY PARKS, RECREATION & COMMUNITY SERVICES PLANNING & BUILDING AGENCY POLICE DEPARTMENT PUBLIC WORKS AGENCY Silvia Cuevas 647-5254 Francisco Arroyo 571-4218 Sona Mooradian 667-2712 Robert Carroll 245-8135 Margaret Mercer 647-5050 If you have any questions regarding the Miscellaneous Fee Process, please contact the Budget Office at 647-5420. 75A-2-8 TABLE OF CONTENTS Section Department Page I ALL DEPARTMENTS 1 11 CLERK OF THE COUNCIL 8 III COMMUNITY DEVELOPMENT AGENCY 9 IV FINANCE & MANAGEMENT SERVICES 10 V FIRE SERVICES 11 VI LIBRARY SERVICES 14 VII PARKS, RECREATION & COMMUNITY SERVICES 16 Vill & IX PLANNING & BUILDING AGENCY 23-64 X POLICE DEPARTMENT 65 XI PUBLIC WORKS AGENCY 72 Appendix Summary of Proposed New, Modified, and Deleted Fees 78 75A-2-9 This Page Intentionally Left Blank 75A-2-10 RESOLUTION 2019-1(YJ( 3.92% PROPOSED REVENUE FY 18.19 FY 19-20 ACCOUNT DEPARTMENT/M ISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION ALLDEPARTMENTS Certiflcatlon - An Public Record Each 3.38 3.51 Proof of Residency/Living Certification Each 10.74 11.16 Copy of Public Records (from Paper, Fax, Microfilm, or C In General (excluding Police Accident Reports) Size up to 81/2"x 14" Each Page 0.21 0.22 Oversized (larger than 81/2" x 14") Each Page Actual Cos[ Postage Charges Each Actual Cost DVD or CD with records Each 5.95 6.18 Subpoena Duces Tatum -same as above general fees plus thefollowing: Special reproduction charges (if any) Each Actual Cost Actual Cost Labor charges per person for locating and preparing documents' Hour 24.93 25.91 Quarter hour or fraction thereof 6.23 6.47 Charges paid to a third person for retrieval and return of records held by that third person Each Actual Cost Actual Cost Witness Fees' Per Day 285.67 296.87 Pollce/Fire Per Day 285.67 296.87 at tender of5ubpoeno plus full cast that city Incurs In terms of salary and traveling expenses All other Employees 285.67 296.87 at tender ofSubpoeno plusfull cost that city Incurs In terms of salary and traveling expenses Mileage Fees' (per mile, each way) Each 0.21 0.22 NOTE: Copies of maps, documents, graphs, or special work may befurnlshed upon the payment of the cost ofprinting and preparation. In cases where a regular established price Is unavailable, the Department Head, In collaboration with the Executive Director of Finance & Management Services, may establish a price consistent With the cost ofprinting and preparation thereof. The Executive Director of Finance & Management Services shall report such exceptions to the City Manager. It shall be the responsibility of the City Manager to review costs annually and make such recommendations to the City Council as required to keep rates consistent with costs. Government agencies and their official representatives) shall be exempt from paying these charges for single copies for official use. Preparation of Administrative Records Deposit to be appl led to copy charges of I $0,20 per page. Deposit -Flat Rate 127.02 132.00 Subscriptions 1Conforms to California Government Code Section 68096.1 and 68097.2 City Council Agenda and Minutes can be obtained at no charge from the Clty's Internet website at www.senta-ana.org Santa Ana Municipal Code (SAMC) and Supplements (order directly by calling Munlclpal Code Corporation at 1-800-262-2633) Building Rental Fees Santa Ana Regional Transportation Center(SARTC) Facility Rental for Special Events Per Reservation =111,111 75A-2-11 RESOLUTION 2019-MX 9.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION ALL DEPARTMENTS Group 1 City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group 2 Resident not -for -profit civic, social, and religious organizations. Group 3 Nonresident not -for -profit civic, social, and religious organizations. Group 4 Resident commercial, business, and for -profit organizations. Group 5 Nonresident commercial, business, and for -profit organizations. Facility Police Facility Community Room Up to 3 hours Group 1 N/C N/C Group 2 155.52 161.62 Group 3 311.03 323.22 Group 4 215.42 223.86 Group 5 449.28 466.89 Each additional hour Group 1 N/C N/C Group 49.54 51.48 Group 3 100.23 104,16 Group 71.42 74.22 Group 5 149.76 155.63 Cleaning Deposit (may be refundable) Group 1 238A1 247.76 Group 2 239.61 249.00 Group 3 239.61 249.00 Group 4 239.61 249.00 Group 5 239.61 249.00 SARTC Lobby (Per Hour) Group 1 N/C N/C Group 194.05 201.66 Group 257.99 268.10 Group 4 192.93 200.49 Group 5 321.93 334.55 Lobby Cleaning Deposit Group 1 228.80 237.77 Group 2 229.95 231L96 Group 3 229.95 238.96 Group 229.95 238.96 Group 229.95 238.96 SARTC Courtyard (Per Hour) Group 1 N/C N/C Group 63.94 66.45 Group 95.34 99.08 Group 63.94 66.45 Group 5 227.87 132.88 Courtyard Cleaning Deposit Group 1 115.54 120.07 Group 2 115.54 120.07 Group 3 115.54 120.07 Group 4 115.54 120.07 Group 5 115.54 120.07 SARTC Meeting Room (Up to 3 Hours) Group 1 N/C N/C Group 2 89.01 86.26 Group 3 167.13 173.68 Group 4 115.54 120.07 Group 5 243.41 252.95 2 75A-2-12 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES Fy 19-20 FEES SECTION I ALL DEPARTMENTS Group l City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group 2 Resident not -for -profit civic, social, and religious organizations. Group 3 Nonresident not -far -profit civic, social, and religious organizations. Group 4 Resident commercial, business, and far -profit organizations. Groups Nonresident commercial, business, and for -profit organizations. Each Add, Hour Group 1 N/C N/C Group 2 19.07 19.82 Group 3 32.53 33.81 Group 4 24.68 25.65 Group 5 50.48 52.46 Cleaning Deposit Group 1 239.61 249.00 Group 2 239.61 249.00 Group 3 239.61 249.00 Group 4 239.61 249.00 Group 5 239.61 249.00 Facility SARTC - Suite 100 (Up to 3 hours) Group 1 N/C N/C Group 2 582.17 604.99 Group 3 1,164.33 1,209.97 Group 815.04 846.99 Group 5 1,630.06 1,693.96 Each additional hour Group 1 N/C N/C Group 2 140.21 145.71 Group 280.43 291.42 Group 4 196.30 203.99 Group 5 392.60 407.99 Cleaning Deposit Group 1 239.61 249.00 Group 2 239.61 249.00 Group 3 239.61 249.00 Group 4 239.61 249.00 Group 5 239.61 249.00 Lawn Bowling Clubhouse 57361 Group N/C N/C Group 2 60.88 63.00 Group 3 121.77 126.00 Group 4 87.40 90.00 Group 5 181.45 188.00 Southwest Sr. Center (may be refundable) California Room 57261 Group 1 N/C N/C Group 2 108.51 112.00 Group 3 182.06 189.00 Group 4 121.77 126.00 Groups 218,22 226.00 Conference Room or Dining Room 57361 Group 1 N/C N/C Group 2 36.16 37.00 Group 3 57.88 60.00 Group 4 43.41 45.00 Group 5 87.42 90.00 Kitchen 57361 Group 1 N/C N/C Group 28.94 30A0 Group 3 43.41 45.00 Group4 36.16 37.00 Group 5 57.88 60.00 ietitled 75A-2-13 RESOLUTION 2019-= 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 28-19 FEES FY 19-20 FEES SECTION I ALL DEPARTMENTS Grourn 1 City of5anta Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group Resident not -for -profit civic,social, and religious organizations. Group Nonresident not -for -profit civic, social, and religious organizations. Group 4 Resident commercial, business, and far -profit organizations. Group 5 Nonresident commercial, business, and for -profit organizations. 57364 Group 1 N/C NX Group 2 3646 6044 Group 3 WAR 4541 Group 43.44 99.8 Group 5 87A2 &00 Classroom Group 1 0.00 N/C Group 0.00 20.00 Group 3 0.00 41.00 Group 0.00 30.00 Group 5 0.00 60.00 Santa Ana Sr. Center Main Room (may be refundable) WC N/C 57361 Group 1 111.44 115.00 Group 2 186.98 194.00 Group 3 125.05 129.00 Group 4 224.11 232.00 Group 5 Dining Room 57361 Group 1 N/C N/C Group 2 36.16 37.00 Group 3 57.88 60.00 Group 4 43.41 45.00 Group 5 87.42 90.00 Kitchen 57361 Group 1 N/C N/C Group 2 28.94 30.00 Group 3 43.41 45.00 Group 36.16 37.00 Group 5 57.88 60.00 Classroom 57361 Group 1 N/C N/C Group 2 19.89 20.00 Group 3 39.79 41.00 Group 28.94 30.00 Group 5 57.88 60.00 Solaado Community Centel Meeting Room A 57351 Group 1 N/C N/C Group 39.79 41.00 Group 3 80.78 83.00 Group 57.88 60.00 Group 5 116.34 120.00 Meeting Room 8 57351 Group 1 N/C WC Group 2 19.89 20.00 Group 3 39.78 41.00 Group 28.94 30.00 Groups 57.86 60.00 Kitchen 57361 Group 1 WC N/C Group 2 15.08 15.00 Group 30.14 31.00 Group 21.10 21.00 Group 5 1 43.41 45.00 NEW NEW NEW NEW NEW 4 75A-2-14 RESOLUTION 2019-%X% 392:: PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT Fy 16-19 FEES Fy 19-20 FEES SECTION ALL DEPARTMENTS Group 1 Clty of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group 2 Resident not -for -profit civic, social, and religious organizations. Group 3 Nonresident not -for -profit civic, social, and religious organizations. Group 4 Resident commercial, business, and for -profit organizations. Group 5 Nonresident commercial, business, and for -profit organizations. Gymnasium 57361 Group 1 WC N/C Group 2 75.96 78.00 Group 3 151.91 157.00 Group 4 108.51 112.00 Group 218.22 226.00 Facility Garfield Community Center Mufti -Purpose Room 13518002-57361-15753401132-7006 Group 1 N/C N/C Group 2 100.48 104.00 Group 3 168.61 175.00 Group 4 112.76 117.00 Group 202.09 210.00 Dance Room 13518002-57361-1575341132-7000 Group 1 N/C N/C Group 33.49 34.00 Group 3 53.60 55.00 Group 4 40.20 41.00 Group 5 80.96 84.00 Jerome Recreation Center Social Hall or Class Room or Fitness Room Group 1 N/C N/C Group 2 19.89 20.00 Group 39.79 41.00 Group 28.94 30.00 Group 5 Class Ream 57.88 60.00 52361 Greup1 NfG WE Grsup2 39.89 9E9 Group 3 39.49 0-.N Group-4 28.94 9E9 Greury3 57.88 0.99 Kitchen 57361 Group 1 N/C N/C Group 2 15.08 15.00 Group 3 30.14 31.00 Group 4 21.20 21.00 Group 5 43.41 45.00 Gymnasium 57361 Group 1 N/C N/C Group 2 73.74 76.00 Group 3 147.48 153.00 Group 4 105.34 109.00 Group 5 211.85 220.00 (note: half court may he reserved at half the regularprice) Retitled 75A5 2-15 RESOLUTION 2019-M 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT "29-19 FEES FY 19-20 FEES SECTION ALL DEPARTMENTS Group 1 City of5anta Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group 2 Resident not -for -profit civic, social, and religious organizations. Group Nonresident not -for -profit civic, social, and religious organizations. Group 4 Resident commercial, business, and for -profit organizations. Group Nonresident commercial, business, and for -profit organizations. El Salvador Center Social Hall or Class Room 57361 Group 1 N/C N/C Group 2 19.89 20.00 Group 3 39.79 41.00 Group 28.94 30.00 Group 5 57.88 60.00 Class -Rear» 62361 Gre11p•1 Group} GF0eP3 19,89 3479 28.94 2999 4.00 39.09 Kitchen Grtwp4 Group 5 52.68 60...0 57361 Group 1 N/C N/C Group 2 15.08 15.00 Group 3 30.14 31.00 Group 21.10 21.00 Group 5 43.41 45.00 Memorial Center Social Hall or Class Room 57361 Group 1 N/C N/C Group 2 19.89 20.00 Group 3 39.79 41.00 Group 28.94 30.00 Group 5 57.88 60.00 Glass-Reem ,, 64 Group k Greup2 GrenP-3 W12 i989 39.79 NjE M. 4.9 Stage Greup4 GrOUR -5 28.94 57:88 39.98 69.0 57361 Group 1 0.00 N/C Group 2 0.00 15.00 Group 0.00 30.00 Group 0.00 20.00 Group 5 0.00 40.00 Rouse velt7Walker Community Center Multi -Purpose Room 57361 Group 1 0.00 N/C Group 2 0.00 20.00 Group 3 0.00 40.00 Group 0.00 30.00 Group 5 0.00 60.00 Loa Cabins 57361 Group N/C N/C Group 2 10.24 10.00 Group 3 19.89 20.00 Group 4 14.47 15.00 Group 5 21.10 21.00 Corbin Center (per room) 57361 Group 1 N/C N/C Group 2 19.89 20.00 Group 39.79 41.00 Group 28.94 30.00 Group 5 57.88 60.00 Retitled Retitled Vew VEW 6 75A-2-16 RESOLUTION 2p19-XKX 3.92% PRnnnsrn REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT = Fy 18-19 FEES Fy 19-20 FEES SECTION ALL DEPARTMENTS Group 1 City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group 2 Resident not -for -profit civic, social, and religious organizations. Group 3 Nonresident not -for -profit civic, social, and religious organizations. Group 4 Resident commercial, business, and far -profit organizations. Group 5 Nonresident commercial, business, and for -profit organizations. Hector Godinez High School Class Room Group 1 N/C N/C 01113002-57361 Group 34.36 35.00 Group 55.47 57.U0 Group 41.60 43.00 Group 5 83.20 86.00 Meeting Room 01113002-57361 Group 1 N/C N/C Group 37.98 39.00 Group 77.16 80.00 Croup 55.47 57.00 Group 5 110.91 115.00 Performing Arts Facility 01113002-57361 Group 1 N/C N/C Group 2 103.69 107.00 Group 3 173.60 180.00 Group 4 116.34 120.00 Group 207.97 216.00 Band Room 01113002-57361 Group 1 N/C N/C Group 2 57.86 60.00 Group 3 116.34 120.00 Group 4 83.20 86.00 Group 5 173.02 179.00 Gymnasium 01113002-53307 Group 1 N/C N/C Group 72.96 75.00 Group 3 145.28 150.00 Group 4 103.69 107.00 Group 5 207.97 216.00 See SECTION VII for surcharges Santiago Wildlife and Watershed Center Class Room Group 1 N/C N/C 57361 Group 48.22 50.00 Group 80.54 83.00 Group 54.02 56.00 Group 5 96.46 100.00 Stage 57351 Group 1 0.00 N/C I Group 2 0.00 15.00 I Group 0.00 30.001 Group 0.00 20.001 Group 0.00 40.001 Stadium Concession Building 01113002-57361 Group 1 N/C N/C Group 2 60.88 63.00 Group 3 121.77 126.00 Group 4 87.40 90.00 Group 5 181.45 188.00 Jew dew dew dew dew 75A' 2-17 RESOLUTION 2019-XXX 3.92% Proposea REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION II CLERK OF THE COUNCIL 57070 Initiative Petition Pursuant to California Elections Code 9202(b) & City of Santa Ana Council Resolution 88-048 Per Filing 200.00 200.00 57070 Maps City Precinct Maps (Refer to the Orange County Voter Registrar's Office) Oversized City and Ward Maps (Actual cost to reproduce by Public Works Agency Actual Cost Geographical Information Systems (GIS) Maps 57070 Notification for New or Increased Taxes Pursuant to Government Code Section 54954.6 (b) (1) Per Request 58.46 60.75 57070 City Charter Over the Counter Per Unit 14.90 15.48 Mailed Requested Per Unit 18.91 19.65 57070 Copies of Council Minutes, Ordinances, Resolutions Paper Copies including Fax Copies Each Page 0.20 0.21 Specially Reproduced Copies (e.g., floppy disks) Each Page Actual Cost 57070 Fair Political Practice Commission (FPPC) Statements Retrieval Fee for Statements 5 years of age or over Per Record 5.00 5.20 Copy Charge for Statements Per Record 0.10 0.11 57070 Tapes of Council Meetings DVD's Per Meeting 5.73 5.95 (order DVD's directly by calling Parks, Recreation and Community Services at (714) 571-4200) 57070 Hearings Chapter 3 Appeal Hearing Application Fee Per Request 134.05 139.31 Processing Fee Per Request 45.42 47.20 Labor Charges (Deposit Only) Per Hour 45.42 47.20 *** Appellant will be billed for ACTUAL costs, including Hearing Officer 8 75A-2-18 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION III COMMUNITY DEVELOPMENT AGENCY Various-57990 Subordination Fee Per Loan 1 259.70 269.88 Various-53822 Density Bonus Setup Fee 1/8 of 1% 1/8 of 1% Gross Gross Valuation of Valuation of Construction Construction Charge Charge 53902 Inclusionary Housing Plan Submittal Fee Per Submitta 259.70 269.88 53902 Initial Sale of Ownership Units Per Unit 322.03 334.65 53902 Annual Rental Monitoring Fee Per Unit 103.88 107.95 53902 TEFRA Hearing Fee - Housing Project Per Hearing 832.40 865.03 53902 TEFRA Hearing Fee - Non -Housing Project Per Hearing 644.40 669.66 75Ag 2-19 RESOLUTION 2019-XXX 3,92% PROPOSED REVENUE Fy 18-19 Fy 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE& MANAGEMENT SERVICES 51002 Dog License Fees County of Orange fees relating to the redemption of dogs adopted by City Council on 01/06/03 (Reso. No 2003-004)* Program administered by Police Department County of Orange proposedfees, subject to change pending County approval -- CA Food & Agriculture Code Sec. 30804.5 sets the fee for altered dogs at no more than 50% of unaltered dogs. Annual ,itered(Neutered or Spayed) Each Dag" 28.U5 29.15 "Unaltered Each Dog'" 103.88 107.95 Replacement of l'ag Each"" 3.12 3.24 'Senior Citizen (65 or older) Animal must be spayed Each"" 14.02 14.5% Rate License Penalty (after 3U days) Each" 36.36 3 "Puppy License 12 month license for dogs under 6 n' Each Dog- 28A5 29.15 53902 Bound Copy (Unabridged) Chapter 215AMC Business License Code Customer Pickup Each 40.29 41.87 Malted Each 49.65 51.60 53902 Finance -Record Abstract Certified Each 20.94 21.76 Uncertifed Each 13.39 13.91 53902 Abstract of Billing History Fee Per Account 52.04 54.08 50045 Monthly New Business License List Each 20.94 21.76 50045 Inspection/Collection Service Fee Each BLT 59.13 61.45 re-Inspection/collection visit Audit Service Fee Per qualifying BLT audit (underpayments of 10%or greater, but not 50045 less than S250) 61.45 63.86 50045 Autdregistfation Service Fee Per BLT account autoregistratlon/assessment 16.23 16.87 50045 Recording Service F Per recording of BLT (Business License Tax)lien 61.20 63.60 50045 Transfer Service Fee Per BLT account collection transfer 39.42 40.97 50045 Hearing Service Fee Per BLT administrative hearing 111.61 115.99 53900 Credit Card Processing Fee (fee waived by Council In 2O12 Per Transaction Waived Waived 57900 Return Payment Service Fee 1st item 25.97 25.00 each Subsequent item 36.36 35.00 53901 Stop Payment/Reissue Fee Each 12.47 12.96 06017002 Utility Service Set-up 53716 After hours Turn On or Turn Off Fee Each 154.50 160.56 53715 Meter Turn On or Meter Turn Off Fee Each 61.71 64.13 53715 Field Collection Fee Each 30.28 31.47 53715 Registration Fee Each 40.58 42.17 53717 1 Tag Fee (Upon affixing) Each 13.31 13.83 53714 Special Investigation/Meter Reread Fee Each 13.31 13.83 53714 Meter Read Trip Fee Each 13.31 13.83 57000 Copy of Comprehensive Annual Financial Report (CAFR( Each Actual Cost Actual Cost 57000 Copy of City Annual Budget Each Actual Cost Actual Cost 53402 Paramedic Subscription Fee Per HousehDld/Business Location City Administered Paramedic Subscription Program F Annual 57.811 60,08 Modified 10 75A-2-20 RESOLUTION 2019-XXX 3.9296 PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION FIRE SERVICES 53505 Fire Incident Reports Per Report (20 pages or less)* per page 0.24 0.25 53505 Fire Incident Report/Photographs on Computer Disc (CD) per page 0.24 0.25 Reports and photographs In a digital format 53505 Fire Incident or Medical Incident Reports (Requiring computer search) *Minimum one hour per page 0.23 0.24 53505 Fire Inspection Reports per page 0.24 0.25 53505 Fire Code and Fire Code Standard Copies per page 0.24 0.25 51501 Fireworks/Stands and Displays: Permit for Sale (Retail Stand Only) Per Stand 451.24 468.93 Cleanup Deposit Bond (Refundable) Per Stand 203.84 211.83 12015002 53700 Fire Facilities Per Sq. Ft. of floor area 0.88 0.91 Pertains to construction built over 2 stories In height. Rate is set by ordinance in accordance with the Engineering News Report. **Other Fire Services related fees that may apply can be found at www,ocfa.org MEDICAL RESPONSE 53509 Basic Life Support(BLS) Treatment Per BLS Treated Patient Each 303.63 315.53 53509 Advanced Life Support (ALS) Treatment Per ALS Treated Patient Each 485.80 504.84 53509 Emergency Medical Assessment N/A 160.74 167.04 Per BLS or AILS assessment where no transport occurs 53509 Administration of Oxygen during Transport Per Patient receiving oxygen Each 84.54 87.85 53509 Emergency Base Rate/Transportation Per Transported Patient Each 679.89 706.54 53509 Mileage Per Transport Per Tra nsport Mile Per Transported Patient Each 17.86 18.56 53509 DISPOSIBLE MEDICAL SUPPLIES AIRWAY OXYGEN SUCTION Airway Bridge Each 30.96 32.17 Airway- Combitube, holder Each 125.02 129.92 Airway - ET Kit, Slick set, holder, laryngoscope blade, Per Patient 53.58 eye protection, N-95 mask Airway Nasal Each 36.91 38.36 Airway Oral Each 3.17 75A'-2-21 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE SERVICES Ambu. Bag, Adult, Pediatric, Infant Each 72.63 75.48 "Cook Kit" (thoracostomy set) Each 194.08 201.69 Mask -Resuscitator Each 22.62 23.51 Mask- Non-rebreather-oxygen Each 4.60 4.78 Nasal cannula Each 4.07 4.23 Nebulizer Each 5.23 Oxygen Per Patient 86.56 89.95 Suction Kit - Manual or electric V-vac, canister, catheters, yankauer, bulb, feeding Per Patient 34.05 35.38 CARDIAC MONITOR/ DEFIBRILLATION Monitor -electrodes Per Patient 32.62 33.90 Defibrillation gel Per Patient 5.24 5.45 Defibrillation pads Per Pair 58.15 60.43 DRESSING/ IMMOBILIZATION Minor trauma kit- Band-Aid, 44, 2x2, Kerlix, tape, eye pad Per Patient 6.71 6.97 Major trauma kit- 44's, ABD pads, Kerlix, tape, petroleum i Per Patient 9.88 10.27 Burn pack- Burn sheet, any size burn towel, irrigation saline Per Patient 38.32 39.82 Cold pack Each 3.42 3'55 Gloves Per Pair 1.88 1.95 Nip wrap (disposable hip splint) Each 38.77 40.29 Restraint (limb restraint) Each 3.42 3.55 Spinal Immobilization - backboard, cervical collar, Sta Block, I Per Patient 49.67 51.62 Splint - air or cardboard Each 15.50 16.11 Vacuum Splint Each 15.51 16.12 IV ADMINISTRATION Armboard Each 6.71 6.97 IV Start - IV Start Kit, prep razor, sharpsafe, connectors Each 14.92 15.50 IV Solution- 250cc Saline, tubing Each 16.99 17.66 IV Solution- 1000cc Saline, tubing Each 18.29 19.01 Needles -disposable Each 1.68 1.75 Saline lock Each 6.14 6.38 Syringe Each 3.23 3.36 MEDICATIONS Adenosine Each 34.41 35.76 Albuterol Each 3.21 3.34 Amlodarone Each 47.15 49.00 Atropine, Ampule Each 3.81 3.96 Atropine, Syringe Each 12.57 13.06 Diphenhydramine Each 4.12 4.28 Dextrose, Syringe Each 18.86 19.60 Dopamine, with drip regulator Each 10.26 10.66 Epinephrine, 1:1000 amp Each 5.29 5.50 Epinephrine, 1:1000 30cc vial Each 22.00 22.86 Epinephrine, 1:10000 syringe Each 49.16 51.09 Glucagon Each 250.28 260.09 Glucose solution Each 7.33 7.62 Lidocalne Each 12.57 13.06 Morphine, amp Each 3.81 3.96 Narcan, syringe Each 53.27 55.36 Narcan, vial Each 117.12 121.71 Nitro spray Each 7.98 8.29 Normal saline 10cc vial Each 2.02 2.10 Sodium Blcarb Each 2.67 2.77 Versed Each 7.29 7.58 75A'�-22 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION FIRE SERVICES MISCELLANEOUS SUPPLIES Linen- Disposable sheet, gurney Each 1.49 1.55 Blanket KCD Each 20.22 21.01 Blanket, quilted (disposable) Each 25.85 26.86 Communicable Disease Kit - Personal protection pak, eye protection, vionexwi Each 11.63 12.09 Emesis Basin -Convenience bag Each 2.58 2.68 Glucometer Strips Each 6.32 6.57 Irrigation Saline -500cc bottle Each 3.48 3.62 N 95 Mask Each 3.04 3.16 OB Kit- Disposable OB Kit, eye protection Each 61.06 63.45 5A 7-2-23 RESOLUTION 2019-XXX 3.92% REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY 55200 Compact Discs - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 Audio books- Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 Video Cassettes / DVDs- Overdue/Loss of Use Fee Per Day 1.50 1.50 *Not to exceed $15 Maximum Actual Cost* Actual Cost* 55200 Regular Books & Multi -Media Kits - Overdue/Loss of Use Fee Per Day 0.25 0.25 (Includes adult books and children books) Maximum Actual Cost* Actual Cost* *Not to exceed $15 55200 Magazines - Overdue Loss of Use Fee Per Day 0.25 0.25 Maximum Actual Cost Actual Cost 55200 Paperbacks - Overdue/Loss of Use Fee Per Day 0.25 0.25 ($10 or Actual Cost whichever is less) Maximum 55200 Jetpacks(Hotspots)-Overdue/Loss of Use Fee Per Day 2.00 2.00 ($100 or Actual Cost whichever is less) Maximum 53203 Compact Discs/Rental Pert Week 0.50 0.50 Children's Pert Week 0.25 0.25 53203 DVD/Video Cassettes/Rental Entertainment Pert Weeks 2.00 2.00 Instructional & Non -Fiction Pert Weeks No Charge No Charge Children's Entertainment Per 2 Weeks 1.00 1.00 55201 Lost/Damaged Catalogued Materials Process Fee Each 10.00 10.00 Replacement Cast Actual Cost Actual Cost Plus overdue charges If incurred 55201 Lost/Damaged Uncatalogued Materials Process Fee Each 7.00 7.00 Replacement Cost Actual Cost Actual Cast Plus overdue charges If Incurred - 55201 Lost/Damaged Jetpacks(Hotspots) Process Fee Each 10.00 10.00 Replacement Cost (Jetpack, USB cord, AC Adapter) Actual Cost Actual Cost Plus overdue charges If Incurred 57200 Damaged Bar Code label Per Incident 2,00 2.00 14 75A-2-24 RESOLUTION 2019-XXX 3.92% REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY 57200 Other Damaged Materials Fabric Bag (Multimedia) Per Incident 6.00 6.00 CD/DVD Pamphlet Per Incident 2.00 2.00 Video cases (Includes Bar Code Replacements) Per Incident 5,00 5.00 Cassette Cases Per Incident 1.00 1.00 CD/DVD Cases (Includes Bar Code Replacements) Per Incident 6.00 6.00 Library Card Replacement Fee Per Incident 3.00 3.00 Other Per Incident Actual Cost Actual Cost 57200 Material Recovery Surcharge Per Incident 15.00 15.00 57200 Data Base Access No Charge No Charge 57200 Reserve Postal Card Per Item 1.00 1.00 57200 Reserved/Mail Books Homebound SA Residents 1.00 1.00 Other Santa Ana Addresses 3.00 3.00 Non -Santa Ana Addresses 4.00 4.00 57200 Newspaper Search Fee Per Search 20.00 20.00 57200 Computer Rental Per Hour 5.00 5.00 Nonresident Library Card for Employees of Santa Ana Businesses Per Card/Year 0.00 0.00 To be consistent with Resolution 63-204: Fixed Charge for Nonresidents. One Day Library Pass Per Day 15.00 15.00 Digital Services Photograph Request- Non -Commercial Use jpeg images from online catalog for personal use Per Image Free Free Tiff files/prints from existing scan Per image 5.00 5.00 Image from previously unscanned material Per Image 15.00 15.00 Image for Commercial Use Per Image 25.00 25.00 Compact Disc Fee _. Per Dlsc 1.00 1.00 57200 Interlibrary Loan Fee Per Request 5.00 5.00 75A52-25 RESOLUTION 2019-XM 3,92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES Proposed SECTION VII PARKS, RECREATION & COMMUNITY SERVII DEFINITION OF RESIDENT For Group activities, those groups for which at leastSl% ofporticlpants either live or work in the City of Santa Ana, the resident rate shall be applied. 53316 LEISURE CLASSES Variable Variable From time to time, privately taught leisure and Instructional classes will be offered by various agency divisions. The announcement of same will be made by printed fliers or in the quarterly program booklet mailed to registered participants. Programs so offered will be conducted in a 4-10 week format. Charges for each class will be established by the Executive Director of Parks, Recreation & Community Services, STAFFFEES 53319 Park Facilities/Reservation/Su Do vision (Mandatory) Res! dent/N on-Resid ent Per Hour 24.18 25.00 TBD Rate for all other5ervices, Labor, Material, Lost or Damaged Equipment City's Cost City's Cost ATHLETIC FIELDSAND FACILITIES Multi -Purpose Field Fees 53308 Adult Non-Resident/Profit Per Hour 28.32 29.00 Adult Non-Resident/Non-Profit Per Hour 24.79 25.00 Adult Resident/Profit Per Hour 17.70 18.00 Adult Resident/ Nan -Profit Per Hour 14.16 15.00 53307 Youth Non-Resident/Profit Per Hour 10.31 11.00 Youth Non-Res!dent/Non- Profit Per Hour 6.88 7.00 Youth Resident/ Profit Per Hour 3.44 4.00 Youth Resident/ Nan -Profit Per Hour 1.70 2.00 Multi -Purpose Court Fees 53308 Adult Non-Resident/Profit Per Hour 14.16 15.00 Adult Non-Resident/Non-Profit Per Hour 12.39 13.00 Adult Resident/ Profit Per Hour 8.86 9.00 Adult Resident/Non-Profit Per Hour 7.08 8.00 53307 Youth Non-Resident/Profit Per Hour 5.31 6.00 Youth Non-Resident/Non-Profit Per Hour 3.55 4.00 Youth Resident/Profit Per Hour 1.76 2.00 Youth Resident/Non-Profit Per Hour 0.85 1.00 Modified Modified Modified Modified Modified Modified Modified Modified Modified Modified Modified 16 75A-2-26 RESOLUTION 2019-%X% 3,92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES Proposed SECTION VII PARKS, RECREATION $ COMMUNITY SERVII DYSC Reservatlon Fee- No Admission 53308 Ado It Non-Resident/Profit Per Hour 76.61 79.00 Adult Non-Resident/Non-Profit Per Hour 67.04 69.00 Adult Resident/Profit Per Hour 47.88 49.00 Adult Resident/Non-Profit Per Hour 38.30 39.00 53307 Youth Non -Resident/ Profit Per Hour 27.88 28.00 Youth Non-Resident/Non-Profit Per Hour 18.60 19.00 Youth Resident/ Profit Per Hour 9.29 10.00 Youth Resident/Non-Profit Per Hour 4.46 5.00 DYSC Reservation Fee -Admission 53308 Adult Non-Resident/Profit Per Hour 109.47 113.00 Adult Non-Resident/Non-Profit Per Hour 95.78 99,00 Adult Resident/Profit Per Hour 68.42 71.00 Adult Resident/Nan-Profit Per Hour 54.73 56.00 53307 Youth Non -Resident/ Profit Per Hour N/A Youth No n-Resl dent/N on- Profit Per Hour N/A Youth Resident/ Profit Per Hour N/A Youth Resident/ Non -Profit Per Hour N/A DYSC Synthetic Turf Youth Field Adult Non-Resident/Profit Per Hour N/A Adult Non-Resident/Non-Profit Per Hour N/A Adult Resident/ Profit Per Hour N/A Adult Resident/Non-Profit Per Hour N/A 13518002-53307-107533 Youth Non-Resident/Profit Per Hour 27.88 49.00 Youth Non-Resident/Non-Profit Per Hour 18.60 33.00 Youth Resident/ Profit Per Hour 9.29 16.00 Youth Resident/ Non -Profit Per Hour 4.46 8.00 53307 Willard lnermediate Sports Field Non-Resident/Profit Per Hour 43.47 49.00 Non-Resident/Non-Profit Per Hour 31.86 33.00 Resident/Profit Per Hour 15.93 16.00 Resident/Non- Profit Per Hour 7.66 8.00 Athletic Facility Lights 53308 Adult Non -Resident/ Profit Per Hour 51.01 5300 Adult Non-Resident/Non-Profit Per Hour 45.22 46.00 Adult Resident/Profit Per Hour 33.62 34.00 Adult Resident/Non-Profit Per Hour 27.83 28.00 53307 Youth Non-Resident/Profit Per Hour 12.25 13.06 Youth Non-Resident/Non-Profit Per Hour 8.16 9.00 Youth Resident/ Profit Per Hour 4.08 5.00 Youth Resident/Nan-Profit Per Hour 1.96 2.00 Modified Modified Modified Modified Modified Modified Modified Modified Modified Modified Modified 75d'--2-27 RESOLUTION 2019-xxx 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES Proposed SECTION VII PARKS, RECREATION & COMMUNITY SERVIi 57390 Hector Godinez Field Lights Per Hour N/A Football Field Per Hour 13.91 14.00 Baseball Field Per Hour 18.55 19.00 Soccer Field Per Hour 13.91 14.00 Classroom Per Hour 2.32 3.00 Gymnasium Per Hour 24.35 25.00 Performing Arts Center Per Hour 56.81 59.00 Black Box Per Hour 12.75 13.00 Outdoor Basketball Per Hour 4.64 5.00 57390 Hector Godinez Reservation Surcharge Per Reservation 10.39 10.00 Per Joint Use Agreement with the Santo Ana Unified School District 57390 Hector Gcoin ez Participant Fee Per Participant 1.00 1.00 Per Joint Use Agreement with the Santa Ana Unified School District SANTA ANA STADIUM 57362 Stadium Sporting Event(12-14 Hours)Fee Adult Non-Resident/Profit Per Day 1,569.16 1,630.00 Adult Non -Resident/ Non -Profit Per Day 1,373.00 1,426.00 Adult Resident/ Profit Per Day 980.72 1,019.00 Adult Resident/Non-Profit Per Day 784.57 815.00 Youth Non -Resident/ Profit Per Day 571.24 593.00 Youth Non-Resident/Non-Profit Per Day 380.83 395.00 Youth Resident/ Profit Per Day 190.42 197.00 Youth Resident/Non-Profit Per Day 91.45 95.00 57362 Stadium Sporting Events Fee Adult Non -Resident/ Profit Per Hour 131.29 136.00 Adult Non-Resident/Non-Profit Per Hour 114.87 119.00 Adult Resident/Profit Per Hour 82.05 85.00 Adult Resident/Non-Profit Per Hour 65.64 68.00 Youth Non-Resident/Profit Per Hour 47.79 49.00 Youth Non-Resident/Non-Profit Per Hour 31.86 33.00 Youth Resident/Profit Per Hour 15.93 16.00 Youth Resident/Non-Profit Per Hour 7.65 8.00 57362 Local high schools and colleges + Security Flat Fee Per Day 1,621.85 1,685.00 57362 Playoff Games + Security Colleges, Universities, League or Conference Playoff Games for NCAA, ETC. Flat Fee plus security Per Day 2,008.01 2,086.00 Stadlum Concession Building (see SECTION I) 57362 Commercial Events/Admin. 7500 and over Both Grandstands Per Day 13,084.55 13,597.DO West Grandstand Only Per Day 61542.27 6,798.00 West Grandstand and Field Level Seating Per Day 9,813.42 10,198.00 Both Grandstands and Field Level Seating Per Day 19,626.82 20,396.00 57362 Commercial Events/Extra Day Move -in, if available: Flat Fee Per Day 1,289.36 1,339.00 Modified Modified Modified 18 75A-2-28 RESOLUTION 2019-MX 3.92% PROPOSED REVENUE FY 18.19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES Proposed SECTION VII PARKS, RECREATION & COMMUNITY SERVII 57362 Commercial Events/Non-Spectator One to two days Per Day 1,701.65 1,768.00 Three or more consecutive days Per Day 1,361.32 1,414.00 All-inclusive rental includes basic staffing, lighting, and rental fees 57362 Events/Solicit Donations No admission charge Per Day 4,593.36 4,773.00 57362 Santa Ana Stadiu m- Television Rights Per Event 1,134.44 1,178.00 57362 Santa Ana Stadium Graphics Operator Per Hour 93.47 97.06 53315 Santa Ana Stadium Advertising Fee (per advertiser) Group Per Day No charge Group 2 Per Day 49.84 51.00 Group 3 Per Day 62.31 64.00 Group 4 Per Day 74.78 77.00 Group 5 Per Day 99.70 103.00 See SECTION I, AII Departments, Building Rental Fees, for group descriptions AQUATICS 53304 General Admin. Adult -Pools Fee 2.00 2.00 53304 General Admin. Child -Pools Fee 1,00 1.00 53304 Pools Rental, to 50 people, Includes 2 Lifeguards - Day Rates Resident Per Hour 108.47 112.00 Non -Resident Per Hour 131.71 136.00 53304 Pools Rental, 51 or more people, includes 3 Lifeguards - Day Rates Resident Per Hour 162.71 169.00 Non -Resident Per Hour 185.96 193.00 Note: Minimum 1 lifeguard for each group of up to 25 people Ex. 51-75 people - 3 lifeguards, 76-100 - 4 lifeguards 53304 Lifeguard per additional 25 people Per Hour 23.25 24.00 Note: Pool rental charges arefor nonprofit, private and swim teams. OTHER RECREATION FACILITIES 53318 Tennis -First & Flower/weekdays 9am-4pm Per Hour 2.00 2.00 4pm-dusk Per Hour 2.00 2.00 with lights Per Hour 4.00 4.00 53318 Tennis: Non-profit reservations per hour Resident Per Hour 1.00 1.00 Nan -Resident Per Hour 2.00 2,00 57361 Santiago Lawn Bowling Greens Per Month 567.22 589.00 53308 Grass Area(1-50 People) Per Hour -Resident 10.00 Per Hour -Non Resident 20.00 Grass Area(Each additional 50 People) Per Hour -Resident 5A0 Per Hour -Non Resident 10.00 53308 Picnic Area(1-50 People) Per Hour -Resident 10.00 Per Hour -Non Resident 20.00 Picnic Area (Each additional 50 People) Per Hour -Resident 5.00 Per Hour -Non Resident 10.00 New New New New New New New New New 75A-2-29 RESOLUTION 2019-Xx% 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES Proposed SECTION VII PARKS, RECREATION & COMMUNITY SERVII 57361 Plaza Calls Cuatro From the hours of 8:00am to 10:00pm Non-Resident/Business Per Reservation 198.60 206.00 Non-Resident/Non-Profit Per Reservation 193.27 200.00 Resident/Business Per Reservation 150.32 156.00 Resident/Non-Profit Per Reservation 128.84 133.00 Event Staffing Fee* Per Event Day 21.47 22.00 *If special event requires access to electricity 57361 Showmobile and Other Equipment Professional Commercial Rentals Per Day 464.91 483.00 Schools, Non-profit, Government Per Day 232.45 241.00 Supervision Cost (Mandatory) Per Hour 40.29 41.00 Towing Fee Round Trip 230.00 Mobile Bleacher *4 Hour Minimum Per Hour* 40.29 41.00 Mobile Bleacher Additional Hour Per Hour 32.24 33.00 57361 Events Trailer- Tables and Chairs Tables Per Table/Day 12.10 13.00 Chairs Per Chair/Day 1.81 2.00 OTHER RECREATION PROGRAMS 53303 Sports, Youth: Registration for Baseball, T-Ball, Basketball, Flag football, Kickball, Softball, Soccer, and Volleyball. Reg. per person/sport(includes T-shirt) Each 35.72 37.00 Shirt -Extra Each 12.04 13.DO Cap -Extra Each 12.04 1300 Shirt & Cap -Extra Set 22.58 23.00 53301 Vacation Recreation Program Resident -per week Per Child 90.73 94.00 Resident Second Child -per week Per Child 60.49 62.00 Additional Non -Resident Fee Per Registration 15A9 16.00 Resident -per day (two day minimum) Per Child 18.15 19.00 53301 Family PRIDE Fees Excursion Bus Fees Per Child 2.86 3.00 Per Adult 4.30 5.00 Family Annual Membership Fee Per Family 71.51 74.00 Campout Per Family 35.74 37.00 Halloween Dance Per Child 1.43 2.00 Per Adu It 4.30 5.00 Christmas Dinner Per Child 7.14 8.00 Per Adult 10.01 11.00 Parent Dinner Dance Per Person 21.46 22.OD Per Cou pie 35.74 37.00 Teen Club Annual Membership Per Member 21.46 22.00 Teen Dance Per Person 4.30 5A0 53301 Excursion Bus Fee Per Child 4.30 5.00 Per Adult 7.14 8.00 53301 After School Adventures Program Per Child 20.78 21.00 Additional Child 15.58 16.00 New Modified Modified Modified Modified Modified Modified Modified Modified Modified Modified Modified Modified Modified Modified 20 75A-2-30 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FV 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES Proposed SECTION Al PARKS, RECREATION & COMMUNITY SERVII SANTA ANA ZOO AT PRENTICE PARK 53312 Zoo Admissions Adult Each 12.00 12.00 Child/Senior Each 9.00 9.00 Friends of Zoo Each Free 53310 Zoo Education Programs: Rates to be established and advertised by the Executive Director of Recreation & Community Services Agency, through fliers or othermedla. OTHER SPECIAL FEES 57010 Reservation Cancellation/Transfer Fee Per Reservation 15.00 15.00 57010 Reservation No -Show Fee Per Reservation 25.00 25.00 57010 Reservation Permit Processing Fee Per Annual Permit 25.00 25.06 57010 Portable Restroom Fee Per Hour 3.20 4.00 05113002-53317 Adult Soccer Reservation Surcharge Per Game 32.67 33.06 05113002-53317 Adult Baseball Reservation Surcharge Per Game 20.87 21.00 51301 Filming Permit Fee Per Day 457.58 475.00 Filming Permit Processing Fee -Student Per permit 75.00 77.00 Program administered by Parks, Recreation & Community Services 53308 Audio Permits Resident Each 48.35 50.00 Non -Resident Each 64.48 67.00 53308 Public Space Special Event Fee First Event Day Group City Sponsored Event Each No charge Croup Resident Non -Profit Each 773.62 803.00 GrouD3 Non Resident Non -Profit Each 1,160.43 1,205.00 Group 4 Resident Commercial Each 1,353.83 1,406.00 Groups Non Resident Commercial Each 1,934.05 2,009.00 Each Additional Day Group 1 City Sponsored Event Per Day Group2 Resident Non -Profit Per Day 232.09 241.00 Groua3 Non Resident Non -Profit Per Day 348.14 361.00 Group 4 Resident Commercial Per Day 406,16 422.00 Groups Non Resident Commercial Per Day 580.21 602.00 See SECTION I, All Departments, Building Rental Fees, for group descriptions Modified Modified 75Al2-31 RESOLUTION 2019-MX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES Proposed SECTION VII PARKS, RECREATION & COMMUNITY SERVII 99801001-21662 Park Facilltles Deposit Per Reservation 103.88 100-500 The appropriate deposit for each facility will be determined by the to Executive Director of Parks, Recreation and Community Services 519.40 TED Other Recreation and Aquatic Programs Rates to be established and advertised by the Executive Director of Parks, Recreation and Community Services Agency through fliers or other media. 3xx13002-53300 Park Acqulsitlon and Development Fees 5 bedrooms Each 7,336A1 7,623.00 4 bedrooms Each 6,594.10 6,852.00 3 bedrooms Each 5,955.24 6,188.00 2 bedrooms Each 4,438.67 4,612.00 1 or less Each 3,331.28 3,461.00 22 75A-2-32 RESOLUTION 2019-20 3.92% PROPOSED REVENUE FY 18-19 FV 18.19 FV 19,20 FV 19.20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES UNIT FEES SECTION Vill PLANNING & BUILDING AGENCY 52770 Accelerated Records Research Fee Per Hour 70.96 Per Hour 73.74 53606 Adult Entertain ment Land Use Permit Fee 1,639.45 Fee 1,703.72 57770 Aerial Photos Individual Sheets Per Sheet 28.13 Per Sheet 29.23 Complete Set Per Set 856.19 Par 50 889.69 53606 Appeal Appllcant Each 4,256.25 Each 4,423,10 Non-Appllcant Each 423.41 Each 440.01 53606 Certificate of Compliance Certificate 1,235.16 Certificate 1,283.58 51605 Certificate of Occupancy (Planning&Inspectlon) Certlflcate 463.51 Certificate 481.68 53606 Amendment Appllcatlon(A,A.) Change of Zone or District Fee 5,311.29 Fee 5,519.49 53613 Changer Site Address Request Fee 1,194.87 Fee 1,241.71 53619 Conceptual Revlew"First Look" Fee Fee 505.79 Fee 525.62 53606 Conditional Use Permit Appllcatlon Fee Fee 5,709.33 Fee 5,93 53606 Condition Modificatlon Fee 50%App. Fee Fee 50%App 53606 CoodR[onal Use Permit With a PC&N Determinatlon(ABC license) Fee 5,082.79 Fee 5,28 53606 Condtional Use Permit Planned Residential Development Application Fee Fee 9,W8.20 Fee 9,43 53606 Conditional Use Permit(CUP) - Coffee House Entertainment CUP Fee 5,336.20 Fee 5,54 53606 Development Agreement/Review Deposit (Nonrefundable deposlt requ[red in Rally) Deposit 13,340.32 Deposit 13,86 Plus Reimburse City for Actual Cost 53606 General Plan Amendment Flat Flling Fee Flat Fee 9,569.44 Flat Fee 9,944,516 57770 General Plan Elements(TaA) Per Set Actual Cost Per Set Actual 5ZZZo General Plan(Complete Test) Per Set Actual Cost Per Set Actual 57770 General Plan Workbooks Per Set Actual Cost Per Set Actual 53613 Land Use Cartlf[wta Category 1 Bazaars,Fiestas, 5ldewalk Sales, Outdoor Anti Per Certificate 406.29 Per Certificate 422.22 Child Care 8-14 child ran), Ancillary Massage 53613 Category 2 5ldewalk Sales, Park[ng Lot Sale, Outdoor Action; Mobile Medical and Veterinary units, Outdoor Booths Per Certi0caha 406.29 Per Certificate 422,22 53613 Category3 Carnival, Chars, Outdoor Musl<, Concert, Arcade, Temporary ABC Licenses Flat Fie Per Certlflcate 728.58 Par Certlflcate 737.14 53613 Category4 Antennas/D[shes Flat Fee Per Certificate 756.70 Per Certificate 786.36 53613 Category 5 Exterlor Telephones (Pay Phones) First Pay Phone Fee 70.96 Fee 603.19 Per Additional Pay phone Each 181.32 Each 198.43 53613 Category6 Small Collection (Recycling) FacHIVes Fee 1,055.50 Fee 1,096.88 Modified 75A32-33 RESOLUTION 2019.20 3.92% PROPOSED REVENUE FY 3&19 FY 18.19 FY 19-20 FY 19-20 ACCOUNT DEPARTMENT/MISCELIANEOUS FEE OR SERVICE UNIT FEES UNIT FEES SECTION Vill PLANNING& BUILDING AGENCY 53613 Entertainment Permit Category2 Amplitlad music, without dancing, Each 406.29 Each 422.2E Entertain Mont ends by 12:00 a.m. (midnight) Category 3 Amplified music, with dancing, Each 406.29 Each 422.22 Entertainment ends by 12:00 a.m. (midnight) Category 4 Amplified music, dancing, Each 729.58 Each 752.14 Entertainment ends after 12:00 a.m. (mid n lght) 57770 Land Use Map Par Map Actual Cost Per Map Actual Cord 53605 Landscape Plan Review Single Familyor Duplex Fee 348.59 Fee 362.25 Triplex, Townhouse, or Multiple Family Fee 644.26 Fee 670.03 Mixed Use or Non-residential Fee 917.09 Fee 953.04 Per Inspection after the 2nd Inspection Fee 523.46 Fee 543.98 59606 Let Line Adjustment Filing Fee Fee 1,359.63 Fee 1,412,93 53606 Minor Exception Filing Fee Fee 2,637.40 Fee 2,740.79 53613 Home Occupation Permit Fee 281 Fee 298.20 53613 New Single Family Residence Review Fee 1,478.68 Fee 1,536.64 53613 Major Commercial Modification Review Fee 1,478.68 Fee 1,536.64 53613 Off -Premise Advertising (Billboard) Permit Application Fee Fee 5,574.70 Fee 5,793.23 53696 Parcel Map Extension Fee 20%App. Fee Fee 20%App. Fee Tentative Flat Filing Fee Fee 4,SDSRS Fee 4,766.43 Plus per Let Fee Fee 19.60 Fee 203E 540E Voluntary Lot Merger Application Fee Fee 2,628.36 Fee 2,731.39 53606 Residential Relocation Filing Fee Fee 4,197.52 Fee 4,362.06 53613 Second Dwelling Unit Revlew Fee 2,247.63 Fee 2,335.74 57710 Secti0nal Districts Maps I no vidual Sheets Per Map Actual Cast Per Map Actual Cost Cam fete Set Per Set Actual Cost Per Set Fee Actual Cost 53613 Sign Permit Revlew Fee 510.03 530.02 53613 Planned Sign Program Review Fee 524.81 Fee 59734 53606 Regional Planned Sign Program Fee 5,709.35 Fee 5,933.14 53613 Sign Program Amendment Fee 50%App. Fee Fee 50%App. Fee 53606 Site Plan Review (Public Hearing) Fee 4,217.49 Fee 4,382.82 53606 Specific Development Zone Fee (No Additional Dwelling Unit Fee) Fee 16,913.25 Fee 17,576.25 53613 Temporary Sign Permit Fee 166.34 Fee ll2.86 53613 Temporary Trailer Permit Fee 632.94 Fee 662.95 57170 Su bdNlafon Ordinance Each C0y's Cost Each City, Cost 754-34 RESOLUTION 2029-M 3.92% PROPOSED REVENUE FY 18-19 FY 18-19 FY 19-20 FY 19l ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES UNIT FEES SECTION Vill PLANNING& BUILDING AGENCY 53616 Development Project Review (Site Plan Review[ Base a[Per additional square footage $XX.XX x sq. footage a[ ADDITIONAL ADDITIONAL S.F. RANGE BASECOST SQUAREFOOTAGE BASE COST SQUAREFOOTAGE 4,678.18 5.72 4,861.56 5.94 1,000- 1,999 ............ 5,736.15 4.22 5,961.01 4.99 2,000- 4,499.......... 9,966.71 2.39 10,357.41 2.48 4,500- 9,999................ 15,982.96 1.36 16,609.49 1.41 10,000- 19,999 ............ 23,516.86 0.75 24,438.72 0.78 20,000- 49,999 .......... 31,052.11 0.28 32,269.35 0.29 50,000 .99,999........... 39,106.05 0.15 40,639.01 0.16 100,000, s.f................... 46,872.29 0.07 48,709.68 0.07 53606 Tract Map Tentative Filing Fee Fee 4,980.30 Fee 5,175.53 Plus Each Lot Fee 19.60 Fee 20.37 Plus Each Dwelling Unit Fee 19.60 Fee 20.37 53606 Underground Utilities Waiver Flat Filing Fee Fee 517.34 Fee 537.62 S7770 Zoning Ordinance Booklets Per Booklet Clty's Cost Per Booklet City's Cost 53606 Vatlance Filing Fee Fee 5,538.35 Fee 5,755.45 Condition Modificatlon Fee 50%App. Fee Fee 50%App. Fee 53607 Environmental impact Report Environmental Impact Report -In-House Fee 111,016.]] No 115,368.63 Plus reimburse City for actual cost Environmental Impact Report - With Consultant 10% of Consultant fee Plus relm bursa City for actual cost 53607 Negative Declaration -In-Hausa Fee 72,483.15 Fee 75,324.49 Plus reimburse City for actual cost Negative Declaration -With Consultant 10% of Consultant fee Plus relmbu rse City for actual cost Negative Declaration -Without Studies Fee 7,960.87 Fee 8,27194 Plus relmbu ran City for actual cost 53607 Categorical Exemption / Environmental Determination Each 633.54 Each 658.37 5406 Moblle Vending Fee Each 570.50 Each 601.18 55601 Vendor Merchandise Release Fee Street/pushcart vendors Incident 182.25 Incident 18939 51601 Re -Inspection Fees First assessment Each 91.09 Each 94.66 Second assessment Each 134,53 Each 139.80 Third assessment Each 18225 Each 189,39 51601 Extenslon Fee (Notice of Violation) Each 270.33 Each 280.93 5579 Dangerous and Abandoned Building Fee Fee 40%of board up fee Fee 40%of board up fee or$205, whichever or$205, whichever I, greater. Is greater. 53613 Nonconforming Status/ Zoning Verification Letter Each 593.21 Each 616.46 53613 Zoning interpretation letter Each 526.84 Each 547.49 53606 Zon[no Ordinance Amend meet Each 5,969.30 Each 6,202.29 53418 Code Enforcement and Hearing Examiner Fee Per Hour 134.53 Per Hour 139.80 53418 Monitoring Fee Per Hear 153.51 Per Hour 159.53 Minimum 153.51 Mlnlmum 159.53 53606 Public Convenience & Necessity Determination Per gpplica[I0n 5,]54.4] Per Applicatlon 5,980.05 53618 Accelerated Development Project Review Each Citys Cos[ Eech City's Cort Modified Modified Modified Modified Modified 75A5-2-35 RESOLUTION 2019-20 3.92% PROPOSED REVENUE FY 18-19 FY 18-19 FY M20 FY 19�20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES UNIT FEES SECTION VIII PLANNING S, BUILDING AGENCY 53612 Mitigation Monitoring Fee due upon submission ofslte plan review Per Protect 470.90 Per Project 489.36 Fee due upon aabmission for Plan Check Per Protect 996.76 Per Project 1035.83 53626 Medical Marltuana Registration Application Fee 1,690.00 Fee 1,690.00 51613 Adult -Use Retail Cannabis Reg Fee Fee 1,690.00 Fee 1,690.00 51614 Adult -use Retail Regulatory Safety Permit Fee 12,086.00 Fee 12,086.00 53613 Historic Property Pmaervilon Agreement Each 4,422.59 Each 3,589.14 (Mills Ad Application) 53606 Historic Exterior Modlfication(H EMA) Each 2,260.23 Each 2,348.83 53060 Self -nomination of properties to the Santa Ana Register of Each 5,814.41 Each 3,589.14 Historical Properties 57770 Sale Of Miscellaneous Items City, Cost City's Cost (e.g., Informational Literature) 53614 Shopping Cart Containment Program Annual Fee 717.93 Annual Fee 746.07 55402 Commerdel Vehicle Violation: Private Property First Violation 80.J5 83.92 Second Violation 1.F 127.10 Third Violation 152.91 158.90 Pursuantto SAMC Sec 41-6071(h) 55000 Commerdal Vehicle Violation: Public Streets First Violation 80.75 83.92 second Violation 122.31 127,10 Third Violation 152.91 158,90 Pursuant to SAMC Sec 41,60l Program administered by Police Department 50045 PREP Recording Service Fee Per Recording 61.20 Per Recording 63.60 Pursuant to SAMCSec 8-1981(b) 50045 PREP Rental Housing Annual Inspection Fee Per Unit 24.70 Per Unit 25.67 Pursuant to SAMC Sec 6-1967 50045 PREP Re -Inspection Fee Per Unit 16.11 Per Unit 16.74 55402 yard Parking Violation First Violation 80.75 93.92 Second Violation 122.31 127.10 Third Violation 152.91 158.90 Pursuant to SAMC Sec 41-6071(e) 55402 Displaying Vehicle For Sale F1oNViolatlon 80.75 83.92 Second Violation 122.31 127.10 Third Violation 152.91 158.90 Pursuant to SAMC Sec 41-1301 a Modified Modified 75A136 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 53600 1) 10,000 s/fw/o Interior Improvements- Structural Plan Check sq.ft. 1.00 1.04 51601 2) 10,000 s/fw/o Interior Improvements- Structural Plan Inspection sq. ft. 0.27 0.28 51602 3) 10,000 sf w/o interior improvements - EMP Insp see Individual Item schedule 51603 51604 53601 4) 10,000 sf w/o Interior improvements - EMP Plan Check see individual item schedule 53602 53603 53600 5) 60,000 sf w/o Interior improvements- Structural Plan Check sq. ft. 0.10 0.10 51601 6) 60,000 sf w/o interior improvements - Structural lnsp sq. ft. 0.10 0.10 51602 7) 60,000 sf w/o interior improvements-EMP Insp see Individual item schedule 51603 51604 53601 8) 60,000 sf w/o Interior improvements - EMP Plan Check see Individual Item schedule 53602 53603 53600 9) 100,000 sf w/o Interior improvements - Structural Plan Check sq. ft. 0.08 0.08 51601. 10) 100,000 sf w/o interior Improvements - Structural lnsp sq.ft. 0.15 0.16 51602 11) 100,000 sf w/o lnterlor improvements - EMP Insp see Individual Item schedule 51603 51604 53601 12) 100,000 sf w/o Interior improvements - EMP Plan Check see individual item schedule 53602 53603 53600 13) 10,000 sf with interior improvements- Structural Plan Check sq. ft. 1.37 1.42 51601 14) 10,000 sf with interior improvements - Structural lnsp sq. ft. 0.39 0.41 51602 1S) 10,000 sf with interior improvements-EMP Insp see Individual Item schedule 51603 51604 53601 16) 10,000 sf with interior Improvements- EMP Plan Check see individual Item schedule 53602 53603 75A'--2-37 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 1849 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53600 17) 60,000 sf with interior improvements- Structural Plan Check sq.ft. 0.10 0.10 51601 18) 60,000 sf with interior improvements - Structural Insp sq. ft. 0.16 0.17 see individual 51602 19) 60,000 sf with interior Improvements - EMP Insp item schedule 51603 51604 see individual 53601 20) 60,000 sf with interior improvements - EMP Plan Check Item schedule 53602 53603 53600 21) 100,000 sf with interior improvements - Structural Plan Check sq. ft. 0.14 0.15 51601 22) 100,000 sf with interior improvements - Structural Insp sq. ft. 0.17 0.18 see Individual 51602 23) 100,000 sf with interior Improvements - EMP Insp item schedule 51603 51604 see individual 53601 24) 100,000 sf with Interior improvements -EMP Plan Check Item schedule 53602 53603 53600 25) High Rise, S Stories or more- Structural Plan Check assumes 50k sq. ft, 0.93 0.97 51601 26) High Rise, S Stories or more - Structural Insp assumes 50k sq. ft. 0.27 0.28 see individual 51602 27) High Rise, S Stories or mare -EMP Insp Item schedule 51603 51604 see individual 53601 28) High Rise, 5 Stories or more - EMP Plan Check Item schedule 53602 53603 53600 29) 2,500 sf Residential story SFD- Structural Plan Check sq.ft. 2.37 2.46 If single story sq.ft. 1.08 1.12 If repeat sq.ft. 0.55 0.57 51601 30) 2,500 sf Residential SFD-Structural Insp sq.ft. 0.62 0.64 see individual 51602 31) 2,500 sf Residential SFD -EMP Insp item schedule 51603 51604 28 75A-2-38 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FV 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53601 32) 2,500 sf Residential SFD -EMP Plan Check see individual item schedule 53602 53603 53600 33) Apartment, 10 units- Structural Plan Check assumes 10k sq. ft. 1.08 1.12 51601 34) Apartment, 10 units - Structural Insp assumes 10k sq. ft. 0.26 0.27 51602 35) Apartment, 10 units- EMP Insp see Individual item schedule 51603 51604 53601 36) Apartment, 10 units -EMP Plan Check see individual item schedule 53602 53603 53600 37) Hotel/Motel, 20 units- Structural Plan Check assumes 15k sq. ft. 1.16 1.21 51601 38) Hotel/Motel, 20 units -Structural Insp assumes 15k sq. ft. 0.45 0.47 51602 39) Hotel/Motel, 20 units- EMP Insp see Individual item schedule 51603 51604 53601 40) Hotel/Motel, 20 units- EMP Plan Check see individual Item schedule 53602 53603 53600 41) Mlsc Resid. Structure: Patio Cover/Garage-Structural Plan Check sq. ft. 0.39 0.41 51601 42) Misc, Resid. Structure: Patio Cover/ Garage -Structural Insp sq. ft. 0.40 0.42 51602 43) Misc. Resid. Structure: Patio Cover/Garage -EMP Insp see Individual item schedule 51603 51604 53600 44) Addition: up to 500 sf Resid lst floor- Structural Plan Check sq. ft. 135 1.40 51601 45) Addition: up to 500 sf Resid 1st floor - Structural Insp sq. ft. 1.08 1.12 51602 46) Addition: up to 500 sf Resid lst floor -EMP Insp see individuai item schedule 51603 51604 75A92-39 RESOLUTION 2019-XXX 3,92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53600 47) Addition: up to 1,500 sf Resid 1st floor- Structural Plan Check sq. ft. 1.08 1.12 51601 48) Addition: up to 1,50O sf Resid lst floor - Structural Insp sq. ft. 0.92 0.96 see individual 51602 49) Addition: up to 1,5O0 sf Resid lst floor -EMP Insp item schedule 51603 51604 see individual 53601 50) Addition: up to 1,500 sf Resid 1st floor - EMP Plan Check Item schedule 53602 53603 53600 51) Addition: up to 50O sf Resid 2nd floor- Structural Plan Check sq. ft. 3.70 3.85 51601 52) Addition: up to 5O0 sf Resid 2nd floor - Structural Insp sq. ft, 1.88 1.95 see individual 51602 53) Addition: up to 500 sf Resid 2nd floor -EMP Insp item schedule 51603 51604 53600 54) Addition: up to 1,500 sf Resid 2nd floor- Structural Plan Check sq. ft. 2.42 2.51 51601 55) Addition: up to 1,500 sf Resid 2nd floor - Structural Insp sq. ft. 1.06 1.10 see Individual 51602 56) Addition: up to 1,500 sf Resid 2nd floor -EMP Insp Item schedule 51603 51604 see individual 53601 57) Addition: up to 1,500 sf Resid 2nd floor -EMP Plan Check item schedule 53602 53603 53600 58) Swimming Pool, 350 sf- Structural Plan Check sq.ft. 0.55 0.57 51601 59) Swimming Pool, 350 sf- Structural Insp sq. ft. 0.61 0.63 see individual 51602 60) Swimming Pool, 350 sf- EMP Insp item schedule 51603 51604 75A 2-40 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53601 61) Swimming Pool, 350 sf -EMP Plan Check see Individual Item schedule 53602 53603 53600 62) Fence (wood), 20 If - Structural Plan Check If 0.39 0.41 51601 63) Fence (wood), 20 If - Structural Insp If 0.29 0.30 53600 64) Retaining Wall, 20 If- Structural Plan Check If 0.40 0.42 51601 65) Retaining Wall, 20 If - Structural Insp if 0.89 0.41 53600 66) TI, 4,000 sf- Structural Plan Check sq.ft. 0.35 0.36 51601 67) TI, 4,000 sf- Structural Insp sq. ft. 0.25 0.26 51602 68) TI, 4,000 sf-EMP Insp see Individual item schedule 51603 51604 53601 69) TI, 4,000 sf -EMP Plan Check see individual Item schedule 53602 53603 53600 70) TI, 8,000 sf- Structural Plan Check sq, ft. 0.29 0.30 51601 71) TI, 8,000 sf- Structural Insp sq. ft. 0.14 0.15 51602 72) TI, 8,000 sf -EMP Insp see individual Item schedule 51603 51604 53601 73) TI, 8,000sf-EMP Plan Check see individual Item schedule 53602 53603 53600 74) TI, 12,000 sf- Structural Plan Check sq. ft. 0.27 0.28 51601 75) TI, 12,000 sf- Structural Insp sq. ft. 0.09 0.09 51602 76) TI,12,000sf-EMPlnsp see Individual item schedule 51603 51604 75A'2-41 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY see Individual 53601 77) TI, 12,000 sf -EMP Plan Check item schedule 53602 53603 53600 78) TI, 20,000 sf- Structural Plan Check s.ft. 0.20 0.21 51601 79) TI, 20,000 sf- Structural Insp sq. ft. 0.11 0.11 see individual 51602 80) TI, 20,000 sf -EMP Insp Item schedule 51603 51604 see Individual 53601 81) TI, 20,000 sf -EMP Plan Check item schedule 53602 53603 53600 82) Resld. Misc (window, door, etc.) -Structural Plan Check flat 576.55 599.15 51601 83) Resid. Misc (window, door, etc.) - Inspection flat 424.92 441.47 53600 84) Comm. Misc (storage rack) -Structural Plan Check °f flat 1108.66 1152.12 51601 85) Comm. Misc (storage rack) - Structural Insp flat 597.13 620.54 see Individual 51602 86) Comm. Misc (storage rack) -EMP Insp item schedule 51603 51604 see individual 53601 87) Comm, Mlsc (storage rack) -EMP Plan Check item schedule 53602 53603 53600 88) Commercial Sign -Structural Plan Check hourly 222.16 230.87 51601 89) Commercial Sign -Structural Insp hourly 160.25 166.53 see individual 51602 90) Commercial Sign -EMP Insp Item schedule 51603 51604 75A31-42 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53601 91) Commercial Sign -EMP Plan Check see individual Item schedule 53602 53603 53600 92) Residential Re -roof - Structural Plan Check °I hourly 222.16 230.87 51601 93) Residential Re -roof - Structural insp hourly 160.25 166.53 53600 94) Commercial Re -roof - Structural Plan Check °I hourly 222.16 230.87 51601 95) Commercial Re -roof - Structural insp hourly 160.25 166.53 53600 96) Demolition- Structural Plan Check hourly 222.16 230.87 51601 97) Demolition -Structural insp hourly 160.25 166.53 51602 98) Demolition -EMP insp see Individual Item schedule 51603 51604 53601 99) Demolition -EMP Plan Check see individual item schedule 53602 53603 53600 100) 400 sf Tl and Seismic Reinforcement- Structural Plan Check sq.ft. 0.55 0.57 51601 101) 400 sf Tl and Seismic Reinforcement -Structural insp sq. ft. 0.43 0AS 53601 102) 400 sf Tl and Seismic Reinforcement- EMP Plan Check see Individual item schedule 53602 53603 53600 103) Seismic Reinforcement Only sq. ft. 53600 104) Parking Lot- 20 or fewer spaces Restriping- Structural Plan Check perspace 2.17 2.26 51601 105) Parking Lot- 20 or fewer spaces Restriping- Inspection perspace 2.17 2.26 53600 106) Parking Lot ->20 spaces Resurface- Structural Plan Check perspace 2.17 2.26 51601 107) Parking Lot->20 spaces sf Resurface -Insp perspace 2.17 2.26 75A'-2-43 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 108) Minimum Fee - Inspection flat 160.25 166.53 51602 51603 51604 53600 109) Minimum Fee - Plan Check hourly, min 1/2 hr 222.16 230.87 53601 53602 53603 51601 110) Re -inspection hourly 160.25 166.53 51602 51603 51604 53600 111) Prelim Plan Check Review -per hour nl hourly 222.16 230.87 53601 53602 53603 53600 112) Energy PC-4,000 sf, sq. ft. 0.10 0.10 53600 113) Energy PC- 8,000 sf sq. ft. 0.10 0.10 53600 114) Accessibility PC-4,000 sf- Structural Plan Check sq. ft. 0.16 0.17 51601 115) Accessibility PC-4,000 sf- Inspection sq. ft. 0.06 0.06 53600 116) Accessibility PC-8,000 sf- Structura l Plan Check sq. ft. 0.10 0.10 51601 117) Accessibility PC-8,000 sf- Inspection sq. ft. 0.05 0.05 53600 lib) Change of Use "I deposit 811.75 843.57 53600 119) Code Modification - simple flat 886.50 921.25 53601 53602 53603 34 75A-2-44 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53600 120) Code Modification - moderate flat 1,773.02 1,842.52 53601 53602 53603 53600 121) Code Modification - complex flat 3,546.05 3,685.06 53601 53602 53603 53600 122) Notice of Violation -Structural Plan Check New hourly 222.16 230.87 51601 123) Permit Issuance Fee- EMP and Misc. Building flat 55.04 57.20 51602 51603 51604 51601 124) Permit Issuance Fee- Residential and Non Residential flat 146.80 152.55 51600 125) Permit Issuance Fee -General Plan Update surcharge flat 22.08 22.95 51601 126) Permit Renewal/Extension Fee flat 80.13 83.27 51602 (per permit renewed or extended) 51603 51604 51601 127a Residential Photovoltaic System (SkW to 15kW) flat 450.00 450.00 Plus each additional kW over 15kW each 15.00 15.00 1274 Residential Thermal Systems (1kwth to 10 kWth) flat 450.00 450.00 Plus each additional kWth over 10kWth each 15.00 15.00 127c Commercial Rooftop Solar(1kW to 50kW) flat 1,000.00 1,000.00 Plus each additional kW over 50kW up to 250 kW each 7.00 7.00 Plus each additional kW over 250kW each 5.00 5.00 127d Commercial Thermal Systems(1kWth up to 30kWth) flat 1,000.00 1,000.00 Plus each additional kWth between 30kWth up to 2601<Wth each 7.00 7.00 Plus each additional kWth over 260kW each 5.00 5.00 53600 128)Solar Panel- Structural Plan Check hourly 222.16 230.87 51601 129)Solar Panel- Inspection Residential flat 327.26 340.09 51601 130)Solar Panel- Inspection Commercial flat 986.21 1,024.87 51601 131)Field Plan Check- subject to field Structural Plan Check hourly 160,26 166.54 53600 132) Cell Tower- Structural Plan Check hourly 222.16 230.87 75A52-45 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION IX PLANNING& BUILDING AGENCY 53 000 133) Deferred Submittal- Structural Plan Check hourly 222.16 230.87 53600 134) Rooftop equipment- Structural Plan Check hourly 222.16 230.87 53600 135) Equipment Changeout- Structural Plan Check hourly, min 1/2 hr 222.16 230.87 53600 136) Dust Collecting- Structural Plan Check hourly 222.16 230.87 53600 137)Above/Below Ground Tank- Structural Plan Check hourly 222.16 230.87 53600 138) Trash Enclosures -Structural Plan Check flat 222.16 230.87 53600 139) Lighting Standards -Structural Plan Check hourly, min 1/2 hr 222.16 230.87 51601 140) Lighting Standards - Inspection hourly 160.25 166.53 53600 141) Pedestrian Protection -Structural Plan Check hourly, min 1/2 hr 222.16 230.87 51601 142) Pedestrian Protection - Inspection hourly, min 2hr 160.25 166.53 53600 143) Security Card Reader -Structural Plan Check hourly, min 1/2 hr 222.16 230.87 53600 144) Fire Damage Repair, Structural -Plan Check hourly 222.16 230.97 51601 145) Certificate of Occupancy inspection flat 57.31 59.56 51601 146) Temporary Certificate of Occupancy flat 482.23 501.13 53600 147) Revision - Structural Plan Check `I hourly, min 1/2 hr 222.16 230.87 53601 53602 53603 148) Revision- EMP Plan Check hourly, min 1/2 hr 222.16 230.87 51601 51602 149) Special Inspection hourly 160.25 166.53 51601 150) Relocation Inspections Main building or structure Each Accessory structure Each Inspection for structures located outside of the City Per Mile Travel time Per Hour 487.88 96.78 0.95 96.78 507.00 100.57 0.99 100.57 53600 151) Misc. Non-resid. Structures: 200 sf Patio Cover - Structural sq. ft. Plan Check 0.43 0.45 51601 152)MIsc. Non Resid. Structures: 200 sf Patio Cover -Structural lnsp sq.ft. 0.39 0.41 51602 51603 153) Misc. Non Resid. Structures: 200 sf Patio Cover - EMP Insp see Indlvidual item schedule 36 75A-2-46 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 51604 57600 154) Accelerated Plan Check Fee hourly 142.38 147.96 51601 155) Appeals Each 1353.95 1,407.02 The fee for an appeal of a ruling of the Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the time of filing of the appeal. 51601 156) Change of incorrect address Each Project 66.11 68.70 51601 157) Change of owner or contractor Each Project 65.11 68.70 51601 158) Flood plain construction standards variances Each 292.27 303.73 51601 159) Expedited copy request Per Hour 66.11 68.70 51601 160) Penalty Fees in addition to Investlagation fee and permit fee flat 243.16 252.69 51602 51603 51611 51604 51606 51601 161) Violation/Investigation Fees Per Hour 96.78 100.57 51602 51603 51611 51604 51606 53513 162) OCFA Administrative Processing Fee Each 15.00 15.00 51601 163) Microfilm Records Each Sheet 3.76 3.91 51630 Fireworks Stand inspections per Booth 30.12 31.30 75A'-2-47 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 164) Refunds 46.27 48.08 Upon written request from the permittee, refunds of permit fees may be made to the permittee In an amount equal to 80%. of the permit fee, exclusive of the plan check and issuance fee; except that no permit fees shall be refunded under any of the fallowing circumstances: (1) 180 days has elapsed from the date of the Issuance of the permit (2) Inspectionshave been performed by the Building Safety Division If a permit has been Issued for a project located In an area outside of the jurisdiction of the City, 100%of the permit and plan check fee may be refunded. If a permit has been erroneously Issued, 100%of the permit and plan check fee may be refunded. If a plan check fee has been paid and the plan is withdrawn by the applicant prior to the plan check, refunds of plan check fees may be made to the permittee in an amount equal to 100%of the plan check fee in excess of $46,27 paid. In no other case may any plan check fees be refunded. Waiver of Fee No permit or plan check fees required by this resolution will be charged for public improvement projects performed by construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Community Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City in the course of their employment. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. Note: The volume for Plan Check activity has been reduced to reflect the fact that contract services and overtime are used to complete a portion of activity. °I Not all re -roofing activities require plan check. Material and current structure design will be the decidingfactor. nl This service will be charged an Initial deposit and then charged by hourly rate. `I These services were reallocated across fee areas as on overhead. aI Up to 10 racks. Each additional rack will be charged at $11.91 each. 11.91 12.38 'I Hourly rates will be charged after the minimum is met, !f required. n This revenue is earmarked for the General Plan Update and is not included in new revenue figures. All plan check services reflect an initial plus two rechecks. Additional reviews will be charged on an hourly basis. Any unique plan check or Inspection that does not match a service category will be charged on an hourly basis. 38 75A-2-48 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION I% PLANNING& BUILDING AGENCY 51603 Electrical Fees 165) Permit Issuance 55.04 57.20 51603 166) Minimum Fee (Nonresidential) 73.38 76.26 53601 167) Electrical Plan Check Fee (when required) 65%of Subtotal 51603 168) 125 Volt Receptacle Outlets 1.45 1.51 51603 169) Light Switches, Occupancy Sensors 1.58 1.64 51603 170) Light Fixtures 1.05 1.09 51603 171) Air Conditioners, Heat Pumps 96.90 100.70 51603 172) Factory -Wired Units (Solid Hook -Ups) 24.79 25.76 51603 173) Dedicated Circuits (15 or 20 AMP Receptacles) 24.79 25.76 51603 174) Time Clock, Photo -Cell, Time Switch 12.10 12.57 51603 175) Track -Light, Cable Tray, Special Raceway, Plugmold, Under -Floor Duct, Plug -In Busways, Wlremold, Etc. Each 100 ft. Service Meter, Reset Meter, Subpanel, Switchboard, Motor or fraction thereof Control Center, Transfer Switch, Busduct, or other Distribution Equipment changes or modifications. 24.79 25.76 51603 176) Under 400 amperes 53.28 55.37 51603 177) 400 amperes to 1199 amperes 145.28 150.97 51603 1781 1200 amperes and over Motor, Transformer, Welder, Industrial Equipment, Oven, Rectifier, Generator, Surge Arrestor, Water Heater, Photovoltaic Panel or other Power Equipment. 242.07 251.56 51603 179) 0 to 1 HP, kW or kVA 3.56 3.70 51603 180) Over 1 to 10 HP, kW or kVA 23.29 24.20 51603 181) Over 10 to 50 HP, kW or kVA 46.21 48.02 51603 182) Over 50 to 100 HIP, kW or kVA 104.95 109.06 75A'-2-49 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION IX PLANNING & BUILDING AGENCY 51603 51603 183) Over 100 to 500 HP, kW or kVA 184) Over 500 HP, kW or kVA Low Voltage: phone, data outlet, speaker, thermostat, door holder, doorbell, pull station, smoke detector, alarm device, card reader, etc. 150.79 188.36 156.70 195.74 51603 Commercial: 185) FIRST 10 devices or outlets 33.88 35.21 51603 186) Additional Devices 3.20 3.33 51603 187) Each control panel, powersupply annunciator, switch or auxiliary equipment 16.14 16.77 51603 Residential: 188) Single Dwelling Unit 36.72 38.16 51603 189) Each Additional dwelling unit (2 - 20) 32.30 3357 51603 190) Each additional Unit (Over 20) 19.72 20.49 51603 Miscellaneous: 191) LightStandard(Pole) with one fixture 24.80 25.77 51603 192) Additional Fixtures -Same Pole 51603 193) Power Pole (Temporary) 103.07 107.11 51603 194) Additional Distribution Poles 24.80 25.77 51603 195) Swimming Pool, Spa, Fountain 121.09 125.84 51603 196) Above Ground Spa 52.32 54.37 516C3 197) Demolition 48.46 5036 51603 198) Signs & Neon/LED Decorative Lighting (refundable bond) 75.13 78.08 51603 New or Total Rewire for Single Family Dwellings: 199) SFD(per square foot) sq. ft. 0.14 0.15 51603 200) Garage (per square foot) sq, ft. 0.14 0.15 40 75A-2-50 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION IX PLANNING & BUILDING AGENCY 51603 201) Temporary Electrical Service, Prior to approval or Each Meter Occupancy (30 Days) At the time of application for temporary power, the owner shall post a $1,000 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8-1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy Is Issued. 244.09 253.66 51604 Mechanical Fees 202) Permit issuance Fee 55.04 57.20 51604 203) Minimum Fee (Nonresidential) 73.38 76.26 53603 204) Stand Alone Mechanical Plan Check 51604 Furnace including ducts &vents (each) 205) Up to 100,000 BTU 65.59 68.16 51604 206) Over 100,000 BTU 93.58 97.25 51604 207) Furnace/Compressor Combo (Residential) 126.90 131.87 51604 Each Compressor Bailer or Heat Pump (packaged or split system) 208) Up to 5 HP 90.19 93.73 51604 209) Over 5 to 30 HP 107.85 112.08 51604 210) Over 30 to 50 HP 134.82 140.10 51604 211) Over 50 HP 145.28 150.97 51604 212) VAV Box up to 2,000 CFM 44.51 46.25 51604 213) VAV Box Over 2,000 CFM 65.57 68.14 51604 214) Air Handling Unit Up to 2,000 CFM 44.51 46.25 51604 215) Air Handling Unit Over 2,000 CFM 65.57 68.14 51604 Miscellaneous 216) Outdoor Dual Package Heating/Cooling 113.24 117.68 51604 217) Wall Heater 65.57 68.14 51604 218) Unit Heater 64.90 67.44 75A' 2-51 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION IX PLANNING& BUILDING AGENCY 51604 219) Suspended Heater 58.13 60.41 51604 220) Decorative Fireplace (Wood or Gas) 58.13 60.41 51604 221) Clothes Dryer (Residential) 40.34 41.92 51604 222) Clothes Dryer (Commercial) 54.49 56.63 51604 223)Any Alteration, Repair or Addition to a Ventilation System (per system unit) 43.62 45.33 51604 224) Vent System (Not part of an HVAC System) 61.39 63.80 51604 225) Type I hood with Duct & Fan 113.24 117.68 51604 226) Type II hood with Duct & Fan 65.57 68.14 51604 227) Environmental Air Fan(Residential or Commercial) 35.21 36.59 51604 228) Laundry Fan (Environmental air) 34.84 36.21 51604 229) Bathroom/Restroom Fan 30.52 31.72 51604 230) Range Hood (Residential) 32.30 33.57 51604 231) Commercial Vent Fan 43.62 45.33 51604 232) Fan Coll 56.80 59.03 51604 233 Evaporative Cooler 65.57 68.14 51604 234) Gas Piping (incidental) 22.38 23.26 51604 235) Fire Damper 65.57 68.14 51604 236) Install/Repair/Replace Appliance Vent 65.57 68.14 51604 237) Product Conveying System (Flammable Vapors, Fumes, Smoke, Heat) 188.36 195.74 51604 238) Dust Collection System 188.36 195.74 51604 239) Appliance Not Listed 65.57 68.14 51604 240) System Not Listed (Halon, Smoke Evac, Crematory, Etc) 188.36 195.74 51604 Absorption System 241) Up to 1,000 000 BTU 78.28 81.35 75A _52 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION IX PLANNING & BUILDING AGENCY 51604 242) 1,000,001 to 1,750,000 BTU 111.29 115.65 51604 243) 1,750,001 and over 188.36 195.74 51604 244) Commercial Cooking Equipment (Ovens/Fryers/Etc) 42.83 44.51 51604 245) Condensate Pump 31.99 33.24 51604 246) Kiln <20cubic feet (includes hood and duct) 66.05 68.64 51604 247)Alr Compressor (each includes piping) 66.05 68.64 51604 248) Cooling Tower 66.05 68.64 51604 249) Heat Exchanger 60.54 62.91 51604 250) Electrostatic Precipitator 39.08 40.61 51604 251) Vacuum Cleaner System (Residential) 66.05 68.64 51604 252) Humidifier 39.14 40.67 51604 253) Duct Heater 66.05 68.64 51604 254) Wood Sawdust System 141.91 147.47 51604 2551 Incinerator (Residential) 44.03 45.76 51604 256) Incinerator (Commercial) 188.36 195.74 51602 Plumbing Fees 257) Permit Issuance Fee 55.04 57.20 51602 258) Minimum Fee (Nonresidential) 73.38 76.26 75A32-53 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION IX PLANNING Si BUILDING AGENCY 53602 259) Stand Alone Plumbing Plan Check Fee 65%of Subtotal 51602 Fixtures: 260) Water Closet 14.22 14.78 51602 261) Urinal 10.87 11.30 51602 262) Tub/Shower 22.25 23.12 51602 263) Whirlpool Tub 22.25 23.12 51602 264) Sinks 12.70 13.20 51602 265) Clothes Washer 13.97 14.52 516D2 266) Dishwasher 11.97 12.44 51602 267) Garbage Disposal 10.66 11.08 51602 268) Floor Sink 16.14 16.77 51602 269) Floor Drain 16.14 16.77 51602 270) Drinking Fountain 8.95 9.30 51602 271) Cap Fixture 6.95 7.22 51602 Sewer: 272) New Sewer (First 100 Feet) 64.60 67.13 51602 273) Additional Sewer Connection 22.25 23.12 51602 274) Each Additional 100 Feet of Sewer 22.25 23.12 51602 275) Repalr/Alter Sewer 44.51 46.25 51602 276) Private Sewage Disposal System 134.82 140.10 51602 277) Cesspool 65.57 68.14 51602 278) Cap Sewer 99.92 103.84 51602 Gas: 279) New Gas System (1-4 outlets) 44.51 46.25 44 75A-2-54 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION IX PLANNING& BUILDING AGENCY 51602 280) Additional Gas Outlet (each) 7.06 7.34 51602 281) Extend/Alter Gas System 65.57 68.14 51602 282) Repair Gas Piping 44.51 46.25 51602 283) Cap Gas Outlet 8.47 8.80 51602 Swimming Pools: 284) Pool Trap 22.25 23.12 51602 285) Pool Heater 72.65 75.50 51602 286) Pool Piping 44.51 46.25 51602 Miscellaneous: 287) Water Heater(Resldentlal up to 50 gallons) 22.25 23.12 51602 288) Water Heater (Commercial up to 50 gallons) 22.25 23.12 51602 289) Water Heater(Res/Comm over 50 gallons) 91.28 94.86 51602 290) Water Heater(Tankless) 65.57 68.14 51602 291) Water Service (each 100 feet) 44.51 46.25 51602 292) Water Piping(each 100 feet) 44.51 46.25 51602 293) Repipe(Residential- Each 100 Feet) 44.51 46.25 51602 294) Primary/Secondary Roof Drain (per set) 44.51 46.25 51602 295) Deck/Area Drain 9.62 10.06 51602 296) Rainwater System 44.51 46.25 51602 297) Rainwater Piping (buried) 21.66 22.51 51602 298) Storm Drains 28.61 29.73 51602 299) Water Softener(Residential) 22.25 23.12 51602 300) Water Softener(Commercial) 44.51 46.25 51602 301) Lawn Sprinkler (Each) 10.16 10.56 51602 302) Backflow, Preventer(Less than 2 inches) 22.25 23.12 75A52-55 RESOLUTION 2019-XXX 3.92%c PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION IX PLANNING & BUILDING AGENCY 51602 303) Backflow Preventer (2 inches and bigger) 44.51 46.25 51602 304) Vacuum Breakers (I to 5) 20.33 21.13 51602 305) Vacuum Breakers (Over S - each) 5.81 6.04 51602 306) Hose Bib with Vacuum Breaker 15.47 16.08 51602 307) Grease/Waste Interceptor 37.56 39.03 51602 308) Dental Unit 32.30 33.57 51602 309) Medical Gas Piping (Fire Department) 44.51 46.25 51602 310) Alteration to Drain or Vent Piping 44.51 46.25 51602 311) Appliance not listed 65.57 68.14 51602 312) Sewage Ejector 65.57 68.14 51602 313) Sump Pump 65.57 68.14 51602 314) Hot Water Storage Tank 30.47 31.66 51602 315) Heat Exchanger 57.64 59.90 51602 316) Cooling Tower 65.57 68.14 51602 317) Booster Pumps 35.51 36.90 51602 318) Flreline/Hydrant (Each 100 Feet) 44.51 46.25 51602 319) Temporary Gas Meter, Prior to approval Or Occpancy (30 Days) At the time of application for temporary power, the owner shall post a $1,000 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8-1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. PIPELINE PROJECT FEES PER RESOLUTION NO.2009-018 Each Meter 244.09 253.66 46 75A-2-56 RESOLUTION 2019-XXX 3,92% PROPOSED REVENUE FY 38-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY GENERAL PROVISIONS Unless otherwise provided, payment of fees and charges as established herein shall be made to the Executive Director of the Planning and Building Agency or his/her authorized representative at the time of Initial application or request for the permit or service for which a fee is charged or Imposed. No permit shall be Issued to any person, firm or corporation unless all fees therefore have been paid in full. Exception: Waiver of Fee No permit or plan check fees required by this resolution will be charged for public improvement projects performed by construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Community Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City In the course of their employment. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. REFUNDS Upon written request from the permittee, refunds of permit fees may be made to the permittee in an amount equal to 80% of the permit fee, exclusive of the plan check and issuance fee; except that no permit fees shall be refunded under any of the following circumstances: (1) 180 days has elapsed from the date of the issuance of the permit (2) inspections have been performed by the Building Safety Division If a permit has been issued for a project located in an area outside of the jurisdiction of the City, 100% of the permit and plan check fee may be refunded. If a permit has been erroneously issued, 100%of the permit and plan check fee may be refunded. If a plan check fee has been paid and the plan is withdrawn 46.27 48.08 by the applicant prior to the plan check, refunds of plan check fees may be made to the permittee in an amount equal to 100%of the plan check fee In excess of $46.27 paid. In no other case may any plan check fees be refunded. 75412-57 RESOLUTION 2019-XXX 3.92°% PROPOSED REVENUE FY 18-29 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 SPECIAL INVESTIGATION FEE 96.78 100.57 51602 51603 A special investigation fee shall be charged by the Building 51611 Official for any investigation of a building structural work, 51604 reports, certification, or any other related work requested by 51606 an owner or his authorized agent. Said fee shall be assessed in an amount sufficient to reimburse the City for the costs actually incurred by the City based upon a rate of $96.78 per hour but In no case shall be less than $96.78. 51601 VIOLATION/INVESTIGATION FEES 96.78 100.57 51602 51603 When any work for which a permit is required has been 51611 commenced without the authorization of such permit, an 51604 Investigation may be required before a permit will be issued 51606 for such work. An investigation fee shall be assessed In an amount sufficient to reimburse the City for costs actually incurred by the City based on a rate of 96.78-per hour but in no case less than $96.78 shall be collected. 51601 PENALTY FEES 243.16 252.69 51602 51603 In addition to the investigation fee and regular permit fee, a 51611 penalty In an amount equal to the amount of the total permit 51604 fee shall be required, but in no case less than $243.16. 51606 51601 EXPEDITED COPY REQUEST Per Hour 66.11 68.70 51601 DEMOLITION PERMIT 96.78 100.57 The fee for a permit to demolish a building or structure shall be based upon the contract price but In no case less than the minimum building permit fee of $96.78. 098003001- When a building is demolished, the owner shall provide the 24015 City with a cash or surety bond as described in Section 8-1768 through 8-1771 of the Santa Ana Municipal Code. For the purpose of lot cleanup and capping of the sewer lateral, the value of the bond Is to be established by the Building Official but In no case shall the bond be less than $1,000 per building. A single family dwelling and garage shall be considered as one building for bonding purposes. 75A-1-58 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 FLOODPLAIN CONSTRUCTION Each 292.28 303.74 STANDARDS VARIANCES 51601 APPEALS Each 1353.95 1,407.02 The fee for an appeal of a ruling of the Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the time of filing of the appeal. 51601 RELOCATION INSPECTIONS The fee for an Inspection on a building or structure, as required for Its proposed relocation. Main building or structure Each 487.88 507.00 Accessory structure Each 96.78 100.57 Inspection for structures located outside of the City Per Mile 0.95 0.99 Travel time Per Hour 96.78 100.57 53600 APPLICATION PROCESSING AND PLAN CHECKING FEES An application processing fee and plan checking fee shall be paid to the Building Official at the time of submitting plans for checking. Such fee shall be equal to 65%of the building permit fee as set forth in this resolution. For all bulldings, such fee shall also Include a surcharge for state mandated energy conservation enforcement equal to $22.00 for each 1,000 square feet of building area, or fraction thereof, up to 4,000 square feet, and $11.00 for each additional 1,000 square feet or fraction thereof. For any plan submitted which Is subject to the disabled accessibility requirements of Title 24, California Code of Regulations, a surcharge of 10% of the basic plan check fee shall be reclulred. 51601 OSHPD CERTIFICATION FEE 53600 Whenever plans are submitted for the construction of specialized medical clinics which require by law certification of compliance with requirements set forth by the Office of Statewide Health Planning and Development (OSHPD-3 certification), a building permit fee will be paid to the Building Official equivalent to 1% of the construction valuation. An additional plan check fee equivalent to .65% of the construction valuation will be paid to the Building Official at the time plans are submitted for plan check. This fee does not preclude other applicable fees which are normally assessed by the City. 75A22-59 RESOLUTION 2029-XXX 3.92% PROPOSED REVENUE Fy 18-19 Fry 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 MICROFILM RECORDS Each Sheet 3.75 3.90 Whenever plans are submitted which are required by any law or City procedure to be maintained as a permanent record, the following fees are to be charged for the purpose of creating and maintaining permanent files. 53600 RESEARCH AND PROCESSING FEES (ALTERNATE MATERIALS/MODIFICATIONS) 53602 53601 Whenever the Building Official is requested to approve Each 292.28 303.74 53603 alternate materials or methods of construction in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. Whenever the Building Official Is requested to approve a Each 292.28 303.74 modification of code in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. 53600 STRUCTURAL ENGINEERING PLANCHECK Fees for structural engineering plan check services for structures requiring a dynamic structural analysis in accordance with Chapter 16 of the Building Code, or in accordance with State AB 3249, shall be charged to the applicant. Said charge shall be the actual costs Incurred by the City for such service and shall be paid in addition to other applicable fees listed herein. SPECIAL INSPECTOR REGISTRATION FEE Each 96.78 100.57 Inspection The fee for registration of special Inspectors in accordance Specialty with Section 8-100 of the Santa Ana Municipal Code. 53600 BUILDING PLAN CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3, WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 53602 ELECTRICAL, PLUMBING AND MECHANICAL PLAN 53601 CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3, 53603 WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 51601 1 CHANGE INCORRECT ADDRESS Each Project 1 66.11 68.70 50 75A-2-60 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-29 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 51601 CHANGE OWNER OR CONTRACTOR Each Project 66.11 68.70 09801001- NOTICE OF VIOLATION AND 24015 NOTICE AND ORDER BONDS Prior to Issuance of permits to correct work required by a Notice of Violation or Notice and Order, the Building Official may require a cash or surety bond as described in Sections 8-1769, 8-1770 and 8-1771 Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $20 for each Notice of Violation or Notice and Order. 57600 ACCELERATED PLAN CHECK FEE Per Hour 142.38 147.96 FIELD PLAN CHECK FEE Minimum Fee Per Hour 96.78 100.57 53600 PRELIMINARY REVIEW OF BUILDING Minimum Fee Per Hour 96.78 100.57 STANDARDS COMPLIANCE 09801001- SIGNS 24015 When a permit is required for an illuminated or non -Illuminated sign, the owner shall provide the City a cash or surety bond as described In Section 8-1768 through 8-1771 of the Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $20 per address. 51601 TEMPORARY CERTIFICATE OF OCCUPANCY Each Project 482.23 501.13 SPECIFIC CODE FEES AND CHARGES 51601 BUILDING CODE Any person desiring a permit required by the Building Code Each Permit 46.27 48.08 shall, at the time of filing an application fee of $46.27 The determination oftotal valuation shall be made bythe Building Official. The value to be used shall be the total value of all construction work far which the permit is issued usingthe building valuation data based upon In the most recent edition of Building Safety Journal published by the International Code Council. The value of work performed as a remodel and othervaluatlons not published hythe International Code Council shall be determined by the Building Official. 75Al2-61 RESOLUTION 2029-XXX 3.92%i PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 51601 PARKING LOT RESURFACING AND/OR REPAINTING Existing parking lot resurfacing and/or repainting, fee shall be based on the value of the work performed. 51601 UNDERGROUND TANK REMOVAL Underground tank removal and backfill fee shall be based upon valuation. 51601 EXCAVATION FOR SOIL CONTAMINATION Excavation and backfill related to soil contamination fee shall be based upon valuation. BUILDING PERMIT FEE SCHEDULE (FEES BASED UPON VALUATION OF WORK) TOTAL VALUATION FEE $1.00 TO $50 $25.41 25.41 26.41 $501.00 TO $2,000 $25,41 for the first $50 plus $3.32 25.41 26.41 for each additional $10 or fraction thereof, to and Including $2,000 $2,001.00 TO $25,000 $84.38 for the first $2,000 plus $10.73 84.38 87.69 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001.00 TO $50,000 $376.53 forthe first$25,00 plus$7.72 376.53 391.29 for each additional $1,000 or fraction thereof, to and Including $50,000 $50,001.00 TO $100,000 $604.87 for the first $50,000 plus 604.87 628.58 $5.52 for each additional $1,000 or fraction thereof, to and including $100,000.00 $100,001.00 TO $500,000 $931.51 for the first $100,00 plus 931.51 968.03 $4,19 for each additional $1,000 or fraction thereof, to and including $500,000.00 75A5�-62 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY $500,001.00 TO $1,000,000 $2,915.49 for the first$500,000 plus 2915.49 3,029.78 $3.68 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 AND UP $5,093.04 for the first$1,000,000 5093.04 5,292.69 plus $2.25 for each additional $1,000 or fraction thereof. 51601 1) Inspections outside of normal business hour (4 hour minimum charge for Holidays, Saturday or Sunday Inspections) Per Hour 96.78 100.57 51601 2) Re -Inspection fee assessed under applicable provisions of the Building Cade Per Hour 96.78 100.57 51601 3) Inspections for which no fee is specifically indicated (minimum charge - one (1) hour) Per Hour 96.78 100.57 53600 4) Additional plan review required by changes, additlons, or revisions to approved plans (minimum charge-one(1)hr.) Per Hour 96.78 100.57 51603 ELECTRICAL CODE Any person desiring a permit required by the Electrical Code Each Permit 46.27 48.08 shall, at the time of filing an application , pay a fee of $46.27. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum fee for Issuance of a permit for all other uses shall be $75.61. 75.61 78.57 FEESCHEDULE 51603 1) For new construction and relocation on residential single family and duplexes: Six cents ($.06) per square foot per floor plus $38.65 per Per 38.65 40.17 service meter shall only include receptacle, switch and lighting outlets. All other fees shall apply. Six cents ($.06) per square foot for detached or attached garages or carports shall only Include receptacle, switch and lighting outlets. All other fees shall apply. 75A32-63 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51603 2) Receptacles, outlets, light fixtures and general use switches, Each 1.21 1.26 each 51603 3) Each air conditioner Each 51.71 53.74 51603 4) Each self-contained factory wired approved unit, such as Each 12.76 13.26 home appliances, heaters, vegetable cases, drinking fountain, heating appliances, multiple outlet assemblies, etc. 51603 5) Busways, special raceways, under floor ducts, trolley or Each 100' 12.76 13.26 plug-in busways each one hundred (100) feet orfraction thereof 51603 6) Fire alarm communications, data control systems, smoke detectors and low voltage system: Commercial (charge by number of devices): 0-10 total devices Each 27.22 28.29 10 or more total devices 2.20 2.29 Each control panel, standby power supply panel, annunciator panel or similar main piece of control equipment for one of the above systems. Each 12.76 13.26 Residential (charge by number of dwelling units): Residential unit(1) 27.83 28.92 Each add'I residential unit In a multiple -dwelling occupancy Each 16.69 17.34 Each add'I residential unit over 20 In a hotel, motel, boarding house or lodge Each 10.10 10.50 51603 7) Dedicated circuit Each 12.76 13.26 51603 8) Service Meters, Reset Meters, Subpanel, Switchboard, Motor Control Center, or siml lar equipment changes or additions. 599 volts or less, under 400 amps. Each Meter 38.65 40.17 599 volts or less, 400 amps and less than 1200 amps. Each Meter 96.78 100.57 598 volts or less, 1200 amps and over. Each Meter 194.64 202.27 51603 9) Signs and high-potentlal gas tube lighting, each Each 38.65 40.17 Note: This shall Include all necessary control equipment 51603 10) Swimming pool, fountain, spas, each Each 85.47 88.82 51603 11) Above ground spas Each 27.52 28.60 54 75A-2-64 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51603 12) Temporary power -construction: For services supplying a temporary power pole, Each 67.20 69.83 pedestal or piggyback For a system of distribution and utilization of poles Each Pole 12.76 13.26 for temporary construction power, each pole 51603 13) Temporary construction lighting: 500 lamps or less 5.75 5.98 Over 500 lamps 10.04 10.43 51603 14) Temporary services: At the time of application for temporary power, the owner shall post a $1,000 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8-1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. Temporary Electrical Service, Prior to Approval Each Meter 244.09 253.66 Or Occupancy (30 Days) Temporary work with service, each meter Each Meter 33.99 35.32 51603 15) Lighting standards: With one (1) fixture each Each 12.76 13.26 Each additional fixture on the same standard Each 3.69 3.83 51603 16) Time clock or photo electric cell, each Each 10.04 10.43 51603 17) Radiant ceiling heat per room Per Room 12.76 13.26 51603 18) Power apparatus: generators, motors, transformers, rectifiers, synchronous converters, capacitors, industrial heating, cooking or baking equipment, and other apparatus as follows: (Ratings - horsepower (HP), kilowatts (KW), and Kilovolt amps (KVA)) Up to and including 1 HP, KW, KVA each Each 5.20 5.40 Over 1 and not over 30 HP, KW, KVA each Each 13.43 13.96 75A52-65 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY Over 10 and not over 50 HP, KW, KVA each Each 27.22 28.29 Over 50 and not over 100 HP, KW, KVA each Each 58.31 60.60 Over 100 and not over 500 HP, KW, KVA each Each 77.67 80.71 Over 500 HP, KW, KVA each Each 96.78 100.57 51603 19) Demolition, per project Per Project 37.69 39.17 51603 20) Inspections outside of normal business hours (four hour Per Hour 96.78 100.S7 minimum charge for Holidays, Saturday or Sunday Inspections) S1603 21) Re -Inspection fee assessed under applicable provisions Per Hour 96.78 100.S7 of the Building Code 51603 22) Inspections for which no fee is specifically Per Hour 96.78 100.57 Indicated (minimum charge - one (1) hour) 53601 23) Additional plan review required by changes, additions, or Per Hour 96.78 100.57 revisions to approved plans (minimum charge- one (1) hour) ELECTRICAL PLAN CHECK FEES Whenever electrical plans are required by the Building Official, plan check fees shall be 6S%of the electrical permit fee and shall be paid at the time of submitting plans. 51604 MECHANICALCODE Any person desiring a permit required by the Mechanical Each Permit 46.27 48.08 Code shall, at the time of filing an application, pay a fee of $46.27. There Is no minimum fee for the Issuance of a permit for single family residences and duplexes. The minimum total fee for Issuance of a permit for all other uses shall be $75.61. 75.61 78.57 FEE SCHEDULE 51604 1) For the Installation or relocation of each forced -air or Each 33.76 35.08 gravity -type furnace or burner, Including ducts and vents attached to such appliance, up to and Including 100,000 BTU/h 51664 2) For the Installation or relocation of each forced -air Each 48.21 50.10 or gravity -type furnace or burner, Including ducts and vents attached to such appliance over 100,000 BTU/h 51604 3) For the installation or relocation of each boller,compressor, Each 58.31 60.60 condensing unit or heat pump up to and including five horsepower, or each absorption system to and Including 100,000 BTU/h 754-66 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51604 4) For the installation or relocation of each boiler, Each 58.31 60.60 compressor, condensing unit or heat pump over five horsepower up to and Including 30 horsepower or for each absorption system over 100,000 BTU/h up to and including 1,000,000 BTU/h 51604 5) For the Installation, relocation of each boiler, compressor, Each 70.78 73.55 condensing unit or heat pump over 29 horsepower up to and Including 50 horsepower or for each absorption system over 1,000,000 BTU/h up to and including 1,750,000 BTU/h 51604 6) For the installation or relocation of each boiler, compressor, Each 96.78 100.57 condensing unit or heat pump over 49 horsepower, or each absorption system over 1,750,000 BTU/h 51604 7) For each VAV control box or air handling Each 22.92 23.82 unit to and Including 2,000 cubic feet per minute, Including ducts attached thereto 51604 8) For each VAV or air -handling unit over 2,000 cfm Each 33.76 35.08 Note: This fee shall not apply to an air -handling unit which Is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit Is required else where In this code. 51604 9) Outdoor dual packaged heating and cooling Each 58.31 60.60 51604 10) For the installation or relocation of each floor Each 33.76 35.08 furnace, including vent 51604 111 For the installation or relocation of each suspended Each 33.76 35.08 heater, recessed wall heater or floor -mounted unit heater 51604 12) Decorative fireplace Each 33.76 35.08 51604 13) For the repair of, alteration of, or addition to each heating Each 22.92 23.82 appliance, refrigeration unit, cooling unit, absorption unit, or each heating cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code Note: Each HVAC system served by a VAV control box Is considered a separate system. 51604 14) For the installation of each Type l commercial Each 58.31 60.60 kitchen hood which is served by mechanical exhaust, Including the ducts for each hood 51604 15) For the Installation of each Type II residential or Each 33.76 35.08 commercial kitchen hoods which is served by mechanical exhaust, Including the ducts for each hood 75A'-2-67 RESOLUTION 2019-XXX 3.92°% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 51604 16) For each ventilation fan connected to a single duct Each 22.92 23.82 (environmental air) (a) Bathroom or toilet room exhaust. (b) Laundry room exhaust. (c) Residential range or oven exhaust. (d) Other environmental air duct. 51604 17) Fan coil installation Each 38.65 40.17 51604 18) For each evaporative cooler other than portable type Each 33.76 35.08 51604 19) Incidental gas piping Each 22.92 23.82 51604 20) Fire damper installation, each Each 33.76 35.08 51604 21) Ventfan Each 33.76 35.08 51604 22) Approved fire extinguishing system Each 33.76 35.08 51604 23) For each appliance or piece of equipment regulated by this Each 33.76 35.08 code but not classed in other appliance categories, for which no other fee is listed in this code (a) Commercial gas -fired cooking equipment (ranges, ovens, deep fryers, broilers, etc.) (b) Clothes dryer and exhaust duct. (c) Kilns, including hood and exhaust duct. (d) Air compressor and related compressed air piping for manufacturing process. (e) Cooling tower (f) Heat exchanger (9) Exhaust fans for Type l or ll Commercial Kitchen Hoods. (h) Electrostatic precipitator. (i) Residential central vacuum cleaner system. (j) Clean -room filter bank (HEPA) (k) Humldifler. (1) Duct heater. (m) Condensate Pumps (n) Etcetera. 51604 24) For the installation, relocation or replacement of each Each 33.76 35.08 appliance "vent" installed and not included In an appliance permit 51604 25) Each process piping system Each 96.78 100.57 58 75A-2-68 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51604 26) For each ventilation system which Is not a portion of any Each 96.78 100.57 heating or air-conditioning system authorized by permit (a) Ha Ion exhaust system. (b) Wood sawdust collection system orsimilar collection system (paper, plastic, metal filings, etc.) (c) Smoke evacuation and exhaust system for public buildings, atrium, malls, etc. (d) Crematory furnace and exhaust system. (e) Each other product conveying duct system: (1) Flammablevapors (2) Fumes (3) Smoke (4) Heat 51604 27) For the installation or relocation of each domestic- Each 22.92 23.82 type incinerator (Shall have permit and approval from S.C.A.Q.M.D.) 51604 28) For the Installation or relocation of each commercial Each 96.78 100.57 or industrial -type Incinerator (Shall have permit and approval from S.C.A.Q.M.D.) 51604 29) Inspections outside of normal business hours Per Hour 96.78 100.57 (4 hour minimum charge for Holidays, Saturday or Sunday inspections) 51604 30) Re -inspection fee assessed under applicable provisions Per Hour 96.78 100,57 of the Building Code 51604 31) Inspections for which no fee is specifically Indicated Per Hour 96.78 100.57 (minimum charge - one (1) hour) 51604 32) Additional plan review required by changes, additions Per Hour 96.78 100.57 or revisions to approved plans (minimum charge - one (1) hour) MECHANICAL PLAN CHECK FEES Whenever mechanical plans are required by the Building Official, plan check fees shall be 65% of the mechanical permit fee and shall be paid at the time of submitting plans. PLUMBING CODE 51602 Any person desiring a permit required by the Plumbing Code shall, Each Permit 46.27 48.08 at the time of filing an application, pay a fee of $46.27. There Is no minimum fee forthe issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses 75.61 78.57 shall be $75.61. 75A 2-69 RESOLUTION 2019-XXX 3,92% PROPOSED REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 18-19 FEES FY 19-20 FEES SECTION IX PLANNING& BUILDING AGENCY 51602 FEE 1) SCHEDULE For each plumbing fixture ortrap or set of fixtures on one trap (including water, drainage piping, and backflow protection therefore) Each 11.43 11.88 51602 2) For each dental unit Each 22.92 23.82 51602 3) Medical gas piping system per 100' Per 100' 22.92 23.82 51602 4) For each building sewer (a) Each additional connection (b) Each additional 10O feet or fraction thereof (c) Sewer/alteration/repair Each Each Each Each 33.76 11.43 11.43 22.92 35.08 11.88 11.88 23.82 51602 5) For each private sewage disposal system Each 70.10 72.85 51602 6) For each cesspool (where permitted) Each 33.76 35.08 51602 7) For each sewer cap Each 96.78 100.57 51602 8) For each fixture cap Each 6.12 6.36 51602 9) For each new gas piping system (includes one to four outlets) Each 22.92 23.82 51602 10) For each gas outlet of five or more Each 3.63 3.77 51602 11) For the repair/replacement of a gas piping system (Includes one to four outlets) Each 22.92 23.82 51602 12) For the alteration/additlon to an existing gas system (includes one to four outlets) Each 33.76 35.08 51602 13) For each residential water heater and/or vent Each 11.43 11.88 51602 14) For each commercial boller or water heater Each 58.32 60.61 51602 15) For installation, alteration, or repair of water piping, each 100' Each 22.92 23.82 51602 16) Rain water piping (burled), each 100' Each 14.77 15.35 51602 17) Rainwatersystems - per drain (inside building) Each 22.92 23.82 51602 18) Roof drain system, per drain Each 22.92 23.82 51602 19) Deck drains, per drain Each 8.05 8.37 60 75A-2-70 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51602 20) For each lawn sprinkler system on any one meter, Each 14.77 15.35 Including backflow protection devices therefore (atmospheric type only) 51602 21) For atmospheric -type vacuum breakers not included In Item 20: 0 to 5 11.43 11.88 Over S, each 3.63 3.77 51602 22) For each backflow protective device other than atmospheric -type vacuum breakers: 2 inches and smaller 11.43 11.88 Overt inches 22.92 23.82 51602 23) For each pool trap Each 11.43 11.88 51602 24) For each pool heater Each 58.31 60.60 51602 25) For each Industrial waste pretreatment interceptor Each 19.37 20.13 Including Its trap and vent, excepting kitchen -type grease Interceptors functioning as fixture traps 51602 26) For each residential water conditioner Each 11.43 11.88 51602 27) For each commercial water conditioner Each 22.92 23.82 51602 28) For repair or alteration of drainage or vent piping, Each 22.92 23.82 each fixture 51602 29) For each appliance, fixture or piece of equipment regulated Each 33.76 35.08 by this code but not classed in other categories, for - which no other fee is listed in this code (a) Sewage Ejector (b) Sump Pump (c) Hot Water Storage Tank (d) Heat Exchanger (a) Cooling Tower If) House Booster Pumps 51602 30) Temporary Gas Service, Prior to Approval Each Meter 244.09 253.66 Or Occupancy (30 Days) At the time of application for temporary power, the owner shall post a $1,00 cash or cashier's check for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. 51602 31) Inspections outside of normal business hours (4 hour Per Hour 96.78 100.57 minimum charge for Holidays, Saturday or Sunday inspections). 75A'--2-71 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51602 32) Re -Inspection fee assessed under applicable provisions Per Hour 96.78 100.57 of the Building Code 51602 33) Inspections for which no fee is specifically indicated Per Hour 96.78 100.57 (minimum charge - one (1) hour) 51602 34) Additional plan review required by changes, additions or Per Hour 96.78 100.57 revisions to approved plans (minimum charge-one(1) hour) PLUMBING PLAN CHECK FEES Whenever plumbing plans are required by the Building Official, plan check fees shall be 65%of the plumbing permit fee and shall be paid at the time of submitting plans. GRADING PERMITS 51606 Any person desiring a grading permit required bythe Building Each Permit 46.27 48.08 Code, shall, at the time of filing an application, pay a fee of $46.27. FEE SCHEDULE 51606 1) Grading Permit: Minimum Per Hour 96.78 100.57 a. One and Two S.F.D, SHour b. Multiple Residential including, Residential tracts, 2 Hours Apartments, Condominiums, Hotels, Motels, and Slmilar Construction c. Non -Residential Site Less Than 2 Acres 3 Hours d. Non -Residential Site 2 Acres and More 5Hours e. Preliminary Grading Permit, Underground Tank SHour Removal and Excavation for Soil Contamination f. Existing Parking Lot Resurfacing and Repainting 1 Hour 51606 2) In addition to the above noted permit fees, Minimum Sq. Ft. 0.05 0.05 a fee shall be collected for new site improvements, new parking lots, new concrete curb and gutter, and asphalt paving. 51606 3) Inspections outside of normal business hours Per Hour 96.78 100.57 (4 hour minimum charge for Holidays, Saturday or Sunday inspections). 51606 4) Re -inspection fee assessed under applicable Per Hour 96.78 100.57 provisions of the Building Code. 51606 5) Inspections for which no fee is specifically Per Hour 96.78 100.57 Indicated (minimum charge - one (1) hour) 754_72 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY SOLAR ENERGY CODE 51611 Any person desiring a permit required by the Solar Energy Each Permit 46.27 48.08 Code shall, at the time of filing, pay an application, fee of $46.27. There Is no minimum fee for the Issuance of a permit for single family residences and duplexes. The minimum total fee for Issuance of a permit for all other uses shall be $75,61. 75.61 78.57 FEE SCHEDULE 51611 1) For collectors (including related piping and regulating devices): Up to 1,000 sq. ft. (93m') 11.43 11.88 Between 1,001(93.1m') and 2,000 sq. ft, (186m') 19.37 20.13 More than 2,000 sq. ft. (18m) 19.37 20.13 plus per 1,000 sq. ft. (93m') or fraction 2.03 2.11 thereof over 2,000 sq. ft. (186m) 51611 2) For storage tanks (including related piping and regulating devices): Up to 750 gallons (3m) 9.90 10.18 Between 751 (3m) and 2,000 gallons 17.60 18.29 More than 2,000 (8m') gallons 17.60 18.29 plus per 1,000 (4m') or fraction thereof 2.03 2.11 over 2,000 gallons (8m') 51611 3) For rock storage: Up to 1,500 cu. ft. (42m) 11.43 11.88 Between 1,501 (42.1m) and 3,000 cu. ft. (84m) 19.37 20.13 More than 3,000 cu. ft. (84m') 19.37 20.13 plus per 1,000 cu. ft. (28m3) or fraction 2.02 2.10 thereof over 3,000 cu. ft. (84m') 75A32-73 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT. FEES FEES SECTION IX PLANNING& BUILDING AGENCY 51611 4) Self-contained water heater (residential type) Each 11.43 11.88 51611 5) Water heater (commercial type) Each 58,32 60.61 51611 6) Heat exchanger Each 11.43 11.88 51611 7) Water piping replacement, each 100 feet Each 22.92 23.82 51611 8) Gas piping service, 1-5 outlets Each 22.92 23.82 51611 9) Backflow prevention device Each 11.43 11.88 51611 10) For each appliance or piece of equipment regulated Each 11.43 11.88 by this code for which no fee Is listed 51611 11) Inspections outside of normal business hours Per Hour 96.78 100.57 (4 hour minimum charge for Holidays, Saturday and Sunday inspections) 51611 12) Re -Inspection fee assessed under provisions of the Per Hour 96.78 100.57 Building Code 51611 13) Inspections for which no fee is specifically indicated Per Hour 96.78 100.57 (minimum charge - one (1) hour) 51611 14) Additional plan review required by changes, Per Hour 96.78 100.57 additions, or revisions to approved plans (minimum charge - one (1)hour) SOLAR PLAN CHECK FEES Whenever solar plans are required by the Building Official, plan check fees shall be 65%of the solar permit fee and shall be paid at the time of submitting plans. 75A61-74 RESOLUTION 2019-XXX 3.92% Proposed REVENUE Fry 18-19 FV 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 51001 Bingo License Fee Each 57.97 60.24 $1401 Alarm User Permit Commercial&Residential Per Year 34.78 36.14 53413 False Alarm Services (Code 459) Burglary Calls Commercial & Residential Per Incident 1st Incident No Charge No Charge 2nd Incident 85.08 88.42 3rd Incident 11144 117.89 4th Incident 141.80 147.36 Sin Incident 170.17 176.84 Sin Incident - fee&warning of non -response 226.89 235.78 7th Incident 340.33 353.67 Sth Incident - fee&placed on non -response status 453.77 471.56 53413 False Alarms (Code 211) Robbery Calls - Residential Per Incident 1st Incident No Charge No Charge 2nd Incident 85.08 88.42 3rd Incident 141.80 147.36 4th Incident 198.53 206.31 Sth Incident 25515 255.26 6th Incident - fee&warning of non -response 311.97 324.20 7th Incident 453.77 471.56 Sth Incident - fee&placed on non -response status 567.22 589.46 53413 False Alarms (Code 211) Robbery Calls - Commercial Per Incident 1st Incident 113.44 117.89 Surd Incident 141.80 147.36 3rd Incident 198.53 206.31 4th Incident 255.25 265.26 Sth Incident 311.97 324.20 6th Incident - fee&warning of non -response 368.69 383.14 7th Incident 453.77 471.56 Bth Incident - fee&placed on non -response status 567.22 589.46 53419 Firearms Examination Service Fee- Outside Agencies Basic Function Exam - per firearm 40.58 42.17 Full Function Exam - per firearm 243.47 253.01 Examination & Comparison 371.01 385.55 Examination&Comparison - Major Crime (up to 6 hours) 718.82 747.00 Hourly charge In excess of 6 hours - each additional hour 115.94 120.48 53409 Storage of Weapon Fee - per weapon 100.00 103.92 1-1-05 state law change (AB 2431, PC 12021.3f: fee can be charged when a nv weapon is released to an owner or gun dealer 53404 Fingerprint Fee Per Card 26.67 27.72 City processing fee only Applicants exempted by lowsholl not pay. 99810002 Fingerprint Fee 57491 State processing fee Actual Cost Actual Cost For all fingerprinting requiring State processing, the applicable state fee will be added to the $25.57 Cityfee above. 53407 Citation Sign Off - Nan-SAPD Equipment violators Per Incident iZ39 18.07 75A52-75 RESOLUTION 20194UOf 3.92% Proposed REVENUE FY 19-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 53407 Vehicle Citation Sign Off -SAPD Per Citation 5.54 5.00 57470 Copy of Lost Citation Per Citation 2.22 2.00 57" Driving Under Influence Cost Rewvery Actual Cost Actual Cost Persons arrested for driving under the influence Per Incident Upto$12,DOD Up to$12,000 Pursuant to Government Code Sec. 53150 at seq. 57000 Police Pursuits Cost Recovery Actual Cost Actual Cost Persons apprehended in Police pursuits. Per Incident Up to$12,000 Up to$12,000 Pursuant to Government Cade See. 53150 at seq. 57000 Hit& Run Accident Investigation Actual Cost Actual Cost Persons responsible for hit and run accidents Per incident Up to$12,000 Up to$12,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Disturbing the Peace Police Service Fee Each Actual Cost Actual Cost Pursuant to S.A. Municipal Code Sec. 1O300 at seq. Up to$50D Up to$500 51607 Ice Cream Truck Vendor Permits Includes one Driver/Operator Each 266.66 277.11 Additiona[Truck Each 41.74 43.38 53419 Ucense to Sell Pistols/Revolvers Per Ucense 168.11 174.70 53416 Administration Otation Fee First Molation 115.94 120.48 Allows Animal Service Officers the right to cite for State anc Second Violation 231.88 240.97 Lou[ Animal Law Violations Third Violation 579.70 602.42 53405 Police Evidence Photos to CD/DVD Perset-u[ Each 2000. 20.00 53405 Digital Media Reproduction Each 28.98 30.12 53405 Police Evidence Tape (audio or video tape) Each 41.74 43.38 53417 Police Accident Reports Each 20.00 20.00 53403 Search Fee (no case#) Each 10.00 10.00 53417 Police Immigration/Clearance Letters Each 20.D0 20.00 53417 Police Incident Reports Per Page 0.20 Police Crime Reports Per Page Gti____ __ 0.20 g- 53403 'Re____ _ _ __ .. _ V__ Pei Page Search fee fro use III) Per Search i,.__its ___ Vag 10.00 10.00 57000 Request to Review Criminal History Per Request 20.00 20.00 57000 Request m Review Incident Information Per Request FREE FREE 53411 Jail Pay to Stay Program fee Per Request 110.00 114.31 53420 Jail Booking Fee Per Conviction 249.27 259.04 57401 Police Security Services Commander Per Hour 89.87 94.15. Sergeant Per Hour 112.46 129.15 Police Officers Per Hour 93.83 105521 PCO/PSO/Reserve Per Hour 50.27 60.75 Modified Modified Modified Modified Modified Modified Modified Modified 75A!il-76 RESOLUTION 2019-XXX 3.92% Proposed REVENUE FY 18.19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 53410 Impound of Owner Release Animals Per Impound** 119.65 124.34 (includes 2 nights boarding charge) "County of Orange fee, subject to change, 51607 Pushcart Permits Vendor/Operator Permlt-kart Each* 266.66 277.11 *Additional Carts/Operators Each 41.74 43.38 53400 Release of Impounded Vehicles-SAPD/1-rafflc Vehicle Registration Expired Over 6 Months Each 155.10 161.18 Unlicensed/Suspended-Revoked Drivers Each 0.00 53423 Vehicle Storage Fee Each 77.91 80.96 57402 Solicitation Permit Per Permit 41.74 45.39 Vehicle for Hire (Tax]) Fees Driver's Permits Each 40.58 42.17 (Original, Renewal, Replacement or Duplicate) Vehicle for -fire Permit Each 168.11 174.70 Vehicle for Permit Transfer Each 6.96 7.23 57402 Relnspect]on Fee -Plan Checks/Not Completed Minlmum* 47.54 49.40 "$45.76 minimum ar hourly employee rate. Fee to be charged when Inspection is called for work not complete or corrections called far are notmade. Second Hand Dealer Fee Each 82.32 85.55 33407 Equipment Violation Pursuant to SAMC Sec. 40225 Each 90.42 93.96 Proof of Correction Each 10.39 10.00 51402 Street Closure Permit Per Permit 162.32 168.68 Accelerated Processing Fee Per Permit, Additional 162.32 168.68 57010 Downtown Event Litter Control Deposit Per event, up to 3 blacks 567.22 589.46 53613 Land Use Certificate Processing Fee for temporary outdoor event Per Permit 35.94 37.35 Accelerated Processing Fee Per Permit 77.68 80.73 50045 Escort Bureau, Introduction Service Establishment, and Escort Fees Program administered by Police Department Escort Bureau Permit Each 838.24 871.10 Introduction Service Permit Each 838.24 871.10 Escort Permit Each 1]9.71 186.75 Modified 75A'-2-77 RESOLUTION 2019-XXX 3.92% Proposed REVENUE FY 18-19 FV 19.20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 50045 Massage Establish ment/Massage Technlclan Fees: Program administered by Police Department Massage Establishment Permits Each 838.24 871.10 Massage Technician Permits Each 347.82 361.45 Massage Technician Testing Fee Each 173.91 180.73 Massage Technician Transfer/Duplicate Each 40.58 42.17 Massage Establishment Sale Transfer Each 838.24 871.10 Massage Establlshment Change of Location or Name Each 301.44 313.26 NOTE: Massage Establishment Permit Applicants who are also Message Technlclan Permit Applimnts shall only be required to pay the Massage Establishment Permit Fee. 51403 Tobacco License Fee Each 720X 748.61 50045 Pool/Bi Ilia rd Permit Fee Each 361.73 375.91 Program administered by Police Department 57402 Police Training Media Reproduction Per Media 53.33 55.42 55000 Parking Violation: Late fee Violations with abase' (original) 50%of base fine. 50%of base fine. fine of $100 or Ieoun(Roundled Total delinquent Total delinquent up to the next whole dollar) fine Is 130% fine is 150% of base fine. of base fine. Violations with a 'base' (orlginal) 20%of base fine. 20%of base fine. Flne of $100 or more:(Rounded Total delinquent Total delinquent up to the nextwhole dollar) fine is 120% fine is 120% of base fine, of base fine. Additional late charges will be imposed at the time an unpaid Parking Violation penalty Is placed penalty Is placed as a vehicle reglstratlon "hold" with DMV. The "total" Late Charge assessed will increase to: Violations with a'base' (original) 90%of base flne. 90%of base fine. fine of $100 or less: (Rounded Total delinquent Total delinquent upto the next whole dollar) fine is 190% fine Is 190% of base fine. of base fine. Violations with a 'base' (original) 40%of base fine, 40%of base Me. fine of $100 or more: (Rounded Total delinquent Total delinquent up to the nextwhole dollar) fine Is 140% Flne Is 140% apparatus answering a fire alarm Pursuant to SAMC Sec. 36-41)7) Each 58.00 58.00 55000 Permit required Special Parking District Pursuant to SAMC Sec. 36-493(a) Each' 48.00 48.00 55000 Pa rkl ng in a red zone Pasta nt to SAMC Sec. 36-131(1) Each 66.00 66.00 55000 Parking In a yellow zone Pursuant to SAMC Sec. 36.131(2) Each 48.00 48.00 55000 Parking In a white zone Pursuant to SAMC Sec. 36.131(3) Each 48.00 48.00 55000 Parking in a green zone Pursuant to SAMC Sec. 36-131(4) Each 48.00 48.00 55000 Parking in a blue (handicapped) zone Pursuant to SAMC Sec. 36-131(5) Each 115.00 115.00 55000 Cancellation of citation (Disabled Placards) Each 25.00 25.00 75A61-78 RESOLUTION 2019-XXX 3.92% Proposed REVENUE FY 18.19 FY 19.20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECIIONX POLICE DEPARTMENT 55000 Parking In a "No Parking" zone Pursuant to SAMC Sec. 36-132 Each 70,00 70.00 55000 No parking -street sweeping Pursuant to SAMC Sec, 36-133 Each 64.00 64.00 55000 Parking In violation of"emergency no parking sign" Pursuant to SAMC Sec. 36-134 Each 70.00 7D.00 55000 Parking In alley Pursuant to SAMC Sec. 36-135(a) Each 57.00 57.00 55000 Stopping, standing or parking a vehicle w/In parkway Pursuant to SAMC Sec. 36-135)b) Each 57.00 57.00 5077- Parking at certain places and for certain purposes Pursuant to SAMC Sec. 36-136 Each 57.00 57.00 55000 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec. 36-136(a) Each 65100 65.00 55000 Parking over 72 hours Pursuant to SAMC Sec. 36-136(b) Each 65.00 65A0 55000 Parking on left side of one-way roadway Pursuant to SAMC Sec, 36436(d) Each 40.00 40.00 55000 Parking outside of lapping marked parking Pursuant to SAMC Sec. 36-138(a) Each 48.00 48.00 55000 Angle parking prohibited In certain areas Pursuant to SAMC Sec. 36-139 Each 48.00 48.00 55000 Parking in restricted areas. Time limit parking Pursuant to SAMC Sec. 36-142 Each 48.00 48,00 Overnight parking prohibited in certain areas Pursuant to SAMC Sec. 36-144 Each 40.00 40.00 53000 Parking any commercial vehicle over 10,0001 be. In a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec. 36-145 Each 81.00 81.00 55000 Parking on City property Pursuant to SAMC Sec. 36-147 Each 40.00 40.00 55000 Parking on property of Joint Powers Agency -city is member Pursuant to SAMC Sec. 36-147.1 Each 40.00 40.00 53000 Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec. 36-402(1) Each 41.00 41.00 55000 Parking outside of painted or marked area of metered space Pursuant to SAMC Sec. 36-402(2) Each 58.00 58.00 55000 Park any vehicle restricting traffic (ingress/egress) Pursuant to SAMC Sec. 36-432(2) Each 58.00 58.00 55000 Park anyyehide with trailer, etc., restricting traffic Pursuant to SAMC Sec, 36-432(4) Each 70.00 70,00 759--92-79 RESOLUTION 2019-XXX 3.92% Proposed REVENUE FY 1849 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEEB SECTION POLICE DEPARTMENT 55000 Red no parking areas -striped no parking areas Pursuant to SAMC Sec. 36-432(5) Each 58.00 58.00 55000 Parking outside/across designated parking lines Pursuant to SAMC Sec. 36-432(6) Each 48.00 48.00 55000 Parking overtime on public parking lot Pursuant to SAMC Sec. 36-431(9) Each 48.00 49.00 55000 Use metered spaces when meter indicates unlawful parking Pursuant to SAMC Sec. 36-432(11) Each 41.00 41.00 55000 Park any truck In excess of 2 tons in parking lot Pursuant to SAMC Sec. 36-432(12) Each 58.00 58.00 55000 Unauthorized parking in "handicapped' zone Pursuant to SAMC Sec. 36-432(15( Each 88.00 88.00 55000 Continued Time Zone Pursuant to SAMC Sec. 36-143 Each 48.00 48.00 55000 Parking withln an intersection Pursuant to CVC Sec. 22500(a) Each 56,00 56.00 55000 Parking within a crosswalk Pursuant to CVC Sec. 22500(b) Each 56.00 56.00 55000 Parking adjacent to safety zone Pursuant to CVC Sec. 22500(c) Each 56.00 56.00 55000 Parking within 15 ft. of driveway entrance of fire station Pursuant to CVC Sec. 22500(d) Each 56.00 56.00 55000 Parking on a sidewalk Pursuant to CVC Sec. 22500(f) Each 56.00 56.00 55000 Obstructing traffic by stopping, standing or parking alongside highway obstruction Pursuant to CVC Sec. 22500(g) Each 56.00 56.00 53000 Double Parking Pursuant to CVCSec. 22500(h) Each 56.00 56.00 55000 Parking upon a bridge Pursuant to CVC Sec. 22500(k) Each 56.00 56.00 55000 Parked, right hand wheels more than 18" from right hand curb Pursuant to CVC Sec. 22502(a) Each 56.00 56,00 55000 Motorcycle parked, one wheel or fender not touching curb Pursuant to CVC Sec. 22502(e) Each 56.00 56.00 55000 Parked withln 15 feet of fire hydrant Pursuant to CVC Sec. 22514 Each 55.00 56.00 55000 Unattended vehicle, stop motor and set breaks Pursuant to CVC Sec, 22515(a) Each 62.00 62.00 55000 Parking In a space designated for disabled persons without a distinguishing plate or placard Pursuant to CVC Sec. 22502.8(a) Each 390.00 390.00 75A'1-80 RESOLUTION 2019-%XR 3,92% Proposed REVENUE FY 18.19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION % POLICE DEPARTMENT 55000 Obstruct, block, or otherwise bar access to a parking space designated for disabled persons Pursuantto CVC Sec, 22507,8(b) Each 390.00 390.00 55000 Park or leave standing anyvehicle, Including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(c) Each 390.00 390.00 55000 Entering an Intersection, Rall-crossing or crosswalk Pursuant to CVC Sec. 22526 Each 177.00 177.00 55000 No Year or Month License Plate Tab Pursuant to CVC Sec. 5204 Each 112A0 112.00 55000 No Vehicle Front/Rear License Plate Pursuant to CVC Sec. 5200 Each 122.00 122.00 55000 Stopping/Parking In a Fire Lane Pursuant to CVC Sec. 2250D.1 Each 123.00 123.00 55000 Parking in Front of a Driveway Pursuant to CVC Sec. 22500(a) Each 56.00 56.00 55000 Parking vehicleforsale-1st violation See Planning & Building section of Pursuant to SAMC Sec. 41-1301(a) Misc. Fee Schedule 55000 Parking vehicle for sale -2nd conviction w/In year See Planning & Building section of Pursuant to SAMC Sec. 41-1301(a) Misc. Fee Schedule 55000 Parking vehicle for sale -3rd conviction w/in year See Planning& Building section of Pursuant to SAMC Sec. 41-1301(a) MIsc, Fee Schedule Program administered by Poll. Department 53319 Park Ranger/Security Per Hour 63.54 63.54 55000 Occupied Motor Home Each 36.00 36.00 Pursuant to SAMC Sec. 10.89 55000 Park Hours Each 98.00 98.00 Pursuant to SAMC 31-2.9 $5000 Parked on Park Property Each 39.00 38.06 Pursuant to SAMC 31-2.16c 55000 Exceed Period - Vehicle Storage Each 120.00 120.00 Pursuant to SAMC 36-434 55DD0 Improper Display of Permit Each 42.00 42.00 Pursuant to SAMC 36-488 55000 Off Truck Route Each 92.00 92.00 Pursuant to SAMC 36-171 53416 Wild Animal Permit Fee (Nonrefundable) Pursuant to SAMC Sec. 5-8 Each 159.53 165.78 55402 Commercial Vehicle Vlolatlon: Public Streets vehicle in excess of 6 ft. In height parked within 100 ft. of posted Intersection (SAMC 36-145.5( First Violation Per Violation 6B.00 68.00 Second Violation (within a 12 month period) Per Violation 103.00 103.00 Third Violation (within a 12 month period) Per Violation 129.00 129.00 55606 Fireworks Administrative Citation Per First Vlolatlon and Pursuant to SAMC Sec. 1-21 any Subsequent Violation 1,000.00 1,000.00 75d12-81 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 05817002-51701 Transportation Permits/Oversize/Overweight Annual Permit (Per CALTRANS) Each 90.00 90.00 Single Trip Permit (Per CALTRANS) Each 16.00 16.00 Fax Processing Service (Optional) Per Fiscal Year 42.90 44.58 01117002-51701 Building Moving Permits Permit Fee (Per CALTRANS) Each 90.00 90.00 Building Under 1,000 sq. ft. Each 16.00 16.00 Building 1,000 sq. ft. or over Each 16.00 16.00 Legal Weight/Size Load Not Required No Charge 01117002-57991 Banner and Decorations Application Fee Per Transaction 169.46 176.10 Removal Fee Per Street Per Pole 169.46 176.10 01117002-51608 Newsbox Permits and Inspection Initial/Renewal Permit Fee Per Publication 195.69 203.36 Annual Inspection Fee Per Location 50.89 52.88 01117002-53707 Curb Painting Per Foot 12.99 13.50 Minimum 235.51 244.74 __ Na ._ Sign Eat+ 0:00 "" SEellaneews RFeet Sign SteYield, " s Stye. Eaeh G.N 01117002-53707 Street Signs Actual Cost plus Actual Staff Cost 01117002-53707 Street Sign Installation by City Staff/Contractor Actual Contract Cost plus Actual Staff Cost 01117002-57010 Tree Health Abrorist Evaluation Actual Cost 01117002-57010 Tree Planting by City Staff/Contractor Actual Contract Cost plus Actual Staff Cost 01117002-57010 Tree Removal by City Staff/Contractor Actual Contract Cost plus Actual Staff Cost BELL:FE NEW NEW NEW NEW NEW 75A--�-82 RESOLUTION 2019-XXX 3.92% PROPOSFO REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 01117002-57010 Tree Value Recovery Actual Value at Time of Occurrence 96817982-W639 Fee Pla-" ;G 06817002-57010 ETAC Tree Appeal Fee Each 194.85 202.49 08617002-57770 City Street Map (22"X29") First Map Each 4.12 4.28 Additional Each 4.12 4.28 08617002-57770 Water System Map (62"X78") Each 12.01 12.48 08617002-57770 Sewer System Map (62"X78") Each 12.01 12.48 10117002-57006 Geographic Information System (GIS) Actual Contract Consultant(s) Time Cost Actual Contract Cost Staff Time Actual Staff Cosi Actual Staff Cost 08617002-56305 Telecommunications Facility Application Each 1,110.73 1,154.27 08617002-51704 Telecommunications Facility Inspection Each 447.65 465.20 Charged in addition to Street Work Permits/Inspection Fees 08617002-56305 Accelerated Plan Check for Public Improvements Per Hour 258.06 268.18 08617002-56305 Traffic Analysis/Studies Plan Check Per Hour 238.50 247.85 08617002-56305 Improvement Plan Check Per Hour Per Hour 193.25 200.83 NOTE: Street Storm Drain, Traffic, Grading, Sewer and Water Plan Check and Storm Drain, Sewer, Water and Related Studies. 08617002-56305 Surface Drainage Plan Check Per Hour 193.25 200.83 08617002-56305 Improvement Standard Plans/Specifications Storm Drains Set 14.00 14.55 Street Improvements Set 17.99 18.70 Sanitary Sewers Set 14.00 14.55 Water Improvements Set 23.99 24.93 Revision within 1 year 01117002-56305 Plans/Specifications Fees (nonrefundable) Reproduction 10 Sheets 30.01 31.19 Each additional 2.02 2.10 Mailing Minimum 17.63 18.32 08617002-56305 Tract Map - Final Per Hour 193.25 200.83 NEW 75d32-83 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-56305 Parcel Map - Final Per Hour 193.25 200.83 08617002-56305 Lot Line Adjustment/Lot Merger Per Hour 193.25 200.83 08617002-56305 Certificate of Compliance Per Hour 193.25 200.83 G8617002-51704 Single -Family Residence Repair Fee for: driveways, sidewalks, curb coring Each 286.20 297.42 05817002-53706 Street Work Permits/Inspection Fees Charged in addition to other fees Each 324.12 336.83 08617002-51704 Inspection Fees: Trench Excavation/Back Fill Linear Foot 2.10 2.18 (unless included in other fees) Minimum 173.68 180.49 08617002-51704 Storm Drains/Culverts, Sewer, Water Mains/Line Channel Linear Foot 9.79 10.17 Minimum 173.68 180.49 08617002-51703 Sewer Laterals/Water Services Each 1,061.61 1,103.23 08617002-51704 Traffic Occupancy or Lane Closure Requiring Signage All Streets Per Day 325.73 338.50 Minor Streets Deposit 1,029.88 1,070.25 Major Streets Deposit 1,371.21 1,424.96 08617002-51704 Manhole, Vaults, Catch Basins and required signage, striping or barricades Plus Earthwork Each 1,256.08 1,305.32 08617002-51704 Curb, Gutter or Combination Including Earthwork Linear Foot 2.39 2.48 Minimum 173,68 180.49 08617002-51704 Curb Return, including Earthwork Each 322.88 335.54 08617002-51704 Sidewalk Including Earthwork Sq. Foot 1.57 1.63 173.68 180.49 08617002-51704 Drive Approach including Earthwork Sq. Foot 1.07 1.11 Minimum 173.68 180.49 08617002-51704 Paving, including Earthwork (0 - 2000 sq. ft.) Sq. Foot 0.44 0.46 (Over 2000 sq. ft.) Sq. Foot 0.31 0.32 Minimum 173.68 180.49 75A'--1-84 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-51704 Fencing Masonry, Concrete or Block Linear Foot 1.86 1.93 Minimum 156.03 162.15 08617002-57006 Street Trees By Developer, Inspection Only Each 210.36 218.61 08617002-51704 Permanent Street Patch Guarantee Refundable if done in 30 calendar days Sq. Foot 39.30 40.94 08617002-51704 Projects Exceeding $50,000 & <= $100,000 and/or Percent of estimated Work items not included here construction costs 9.59% 9.59% 08617002-51704 Projects Exceeding $100,000 and/or Percent of estimated Work items not included here construction costs 7.00% 7.00% 08617002-57006 Overtime Rate for Construction Inspectors Per Hour Actual OT Rate Construction inspector overtime rate range. Actual overtime hourly - rate based on Inspector's salary step 08617002-56305 Certificate of Correction Per Hour 193.25 200.83 08617002-56305 Covenants, Conditions, & Restrictions; Agreements and Per Hour 193.25 200.83 Miscellaneous Checking 06817002-53710 Notice of Abatement— Standard Administration Fee Each 428.07 444.85 06817002-53710 Notice of Abatement— Multiple Postings in a 12-month P Each 70.94 73.72 08617002-51704 Survey Monument Check: lst Monument Check Each 981.63 1,020.11 Additional monument Each 196.91 204.63 Double Street 08617002-51704 Uninitiated Street Work Permit Per Permit Work Double Street Work Permit Fee Permit Fee 08617002-57790 Abandonment Processing Summary Per Application 1,933.64 2,009.44 Non -Summary Per Application 5,800.94 6,028.34 05817002-51705 1 Encroachment Processing Each 511.79 531.85 .72 75X-2-85 RESOLUTION 2019-XXX 3.92% PROPOSED REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 06017002-53720 Meter Test in Field/Shop Each 114.31 118.79 Note: Fee is refunded if the meter shows an error of more than 2% over the correct reading. 06017002-53720 Replace Meter (Removed for Unpaid Bills) Program administered by Public Works Agency. 5/8" to 2" Each 118.74 123.39 3" to 6" Each 1,899.84 1,97431 * After business hours, the charge for replacE Minimum 156.03 162.15 06017002-53720 Install New Water Service Meter 5/8" 116.05 120.60 3/4" 142.42 148.00 V. 207.00 215.11 1 1/2" 396.82 412.38 2" 527.32 547.99 3" 2,891.97 3,005.34 4" 4,760.42 4,947.03 6" 7,963.46 8,275.63 06017002-53720 Install New Residential Fire Service Meter 3/4" 289.10 300.43 1" 346.34 359.92 06017002-53720 Cut-off Water Service in Street Each 403.84 419.67 06017002-53725 Temporary Construction Meter Deposit Each 1,946.00 2,022.28 06017002-53720 Removal of Straight Pipe (administered by PWA) Each 104.59 108.69 06017002-53720 Repair Curb Stop (administered by PWA) Each 154.06 160.10 06017002-53720 Backflow Device Testing Administrative Fee Each 90.38 93.92 06017002-53720 Backflow Preventer 3rd and Final Notice Fee Each 109.28 113.56 06017002-53720 Fire Flow Test Application Fee Each 25.41 26.41 06017002-53720 Fire Flow Test Witness Fee Each 119.20 123.87 06017002-53720 Water Service Applicaiton Fee Each 25.41 26.41 06017002-53725 Construction Meter Daily Rental Charge Per Day 2.08 2.16 01117002-51609 Outdoor Dining Fee Application Fee 1,371,04 1,424.78 Annual license fee based on size of dining area Square Foot 0.89 0.92 08617002-57006 Citywide Bicycle Locker Program Application Processing Per Fiscal Year 9.04 9.39 Security Deposit One-time, Refundable 90.23 93.77 Key Replacement Per Key 27.09 28.15 Lock Replacement Per Lock 144.38 150.04 Damage/Repair Fee Each 54.14 56.26 75AT--�-86 RESOLUTION 2019-XXX 3.92% PRovnSFn REVENUE FY 18-19 FY 19-20 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-51704 Directional Boring Fee Per Linear Foot 2.44 2.54 01117002-51402 2nd Street Mall Use Fee Per Event 45.14 46.91 Drainage Assessment Area Fee Per Acre 22117002-50500 Area 1 7,507.81 7,802,12 22217002-50500 Area 2 9,050.89 9,405.68 22317002-50500 Area 3 4,872.87 5,063.89 22417002-50500 Area 4 7,191.99 7,473.92 22517002-50500 Area 5 8,193.63 8,514.82 22617002-50500 Area 6 8,058.28 8,374.16 05517002-53701 Sewer Connection Fee Per Plumbing 107.28 111.49 Fixture Unit 08617002-57006 Residential Parking Permit Single Family Home - each permit every two years. 69.56 72,29 maximum 3 permts Multi -family Home (up to four plex) - each permit every two years 69.56 72.29 maximum 1 permit Trench Cut Fees - Changes based on Engineering News Record Dry Utilities 05817002-53704 Arterial Street Resurfaced between 0 and 5 years 20.50 21.30 Resurfaced between 6 and 10 years 18.16 18.87 Resurfaced between 11 and 15 years 17.07 17.74 Resurfaced between 16 and 20 years 13.65 14.19 05817002-53705 Local Street Resurfaced between 0 and 5 years 13.90 14.44 Resurfaced between 6 and 10 years 12.35 12.83 Resurfaced between 31 and 15 years 11.61 12.07 Resurfaced between 16 and 20 years 10.47 10.88 Resurfaced between 21 and 25 years 9.31 9.67 Wet Utilities 05817002-53704 Arterial Street Resurfaced between 0 and 5 years 31.87 33.12 Resurfaced between 6 and 10 years 28.21 29.32 Resurfaced between 11 and 15 years 26.14 27.58 Resurfaced between 16 and 20 years 21.23 22.06 058170021 Local Street Resurfaced between 0 and 5 years 21.61 22.46 Resurfaced between 6 and 10 years 19.18 19.93 Resurfaced between 11 and 15 years 18.03 18.74 Resurfaced between 16 and 20 years 16.26 16.90 Resurtaced between 21 and 25 years 14.47 15.04 75X---2-87 Summary of FY 2019 - 20 Proposed Miscellaneous Fees Schedule Changes 78 75A-2-88 Proposals to Delete Fees FY 2019-20 75d92-89 Proposals to Delete Fees FY 2019-20 PUBLIC WORKS AGENCY 1. Street Name Sign [page 74J Existing Fee: $408.40 Proposed Fee: None Fee is being replaced with fee that includes actual sign cost plus cost of installation. 2. Miscellaneous Street Signs lame 74j Existing Fee: $419.84 Proposed Fee: None Fee is being replaced with fee that includes actual sign cost plus cost of installation. 3. Tree Planting: 24" box minimum tree[ pagle 741 Existing Fee: $819.66 Proposed Fee: None Fee is being replaced with fee that includes cost of tree and planting of tree. 754-90 Proposed New Miscellaneous Fees FY 2019-20 75X--2-91 PUBLIC WORKS AGENCY 1. Street Signs !page 72J Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public for the actual cost of the street sign plus the labor of city staff or contractor. 2. Street Sign Installation by City Staff/Contractor /page 72J Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public for the labor of city staff or contractor. 3. Tree Health Arborists Evaluation[ 72J Existing Fee: Proposed Fee: None Actual Cost This fee will be charged to the public for the labor of the Certified Arborist. 4. Tree Removal by City Staff/Contractor !page 72J Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public to for the labor of tree removal. Cost will vary depending on the species and the maturity of the trees. 5. Tree Value Recovery fpage 731 Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public based on the actual value of the tree. 75A81-92 Proposed New Miscellaneous Fees FY 2019-20-Continue PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 6. Grass Area !page 291 Existing Fee: None Proposed Fee: Hourly Rates: 1-50 People: Resident $10, Non -Resident $20 Each Additional 50 People: Resident $5, Non -Resident $10 This fee will be charged to the public to reserve space at City parks. 7. Memorial Center Stage [page 61 Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2415.00, 3430.00, 4-$20.00, 5-$40.00 This fee will be charged to the public to reserve the Stage at Memorial Park 8. Picnic Area !page .19J Existing Fee: None Proposed Fee: Hourly Rates: 1-50 People: Resident $10, Non -Resident $20 Each Additional 50 People: Resident $5, Non -Resident $10 This fee will be charged to the public to reserve picnic areas at City parks. 9. Roosevelt/Walker Community Center Multi -Purpose Room (page 61 Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2420.00, 3-$41.00, 4-$30.00, 5-$60.00 This fee will be charged to the public to reserve the multi -purpose room as Roosevelt/Walker Community Center. 75A32-93 Proposed New Miscellaneous Fees FY 2019.20 PARKS RECREATION AND COMMUNITY SERVICES AGENCY -CONTINUE 10. Santiago Park -Amphitheater (Stage) [Santiuo Wildlife and Watershed Center! !page 71 Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2-$15.00, 3-$30.00, 4420.00, 5-$40.00 This fee will be charged to the public to reserve the amphitheater at Santiago Park 11. Showmobile-Towins Feelpage2O1 Existing Fee: None Proposed Fee: $230 This fee is the cost that the City pays a towing company to move the showmobile to a location and back. 12. Southwest Senior Center -Class Room 1page.3J Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2420.00, 3441.00, 4430.00, 5-$60.00 This fee will be charged to the public to reserve the class room at Southwest Senior Center 75A81-94 Proposals to Modify F)cisting Fees FY 2019-20 75A52-95 ' �•s e � o� _a ii • � FINANCE & MANAGEMENT SEWCES AGENCY 1. Turn on or Turn off fee [pege 10J Existing Name: Turn on or Turn off fee Proposed Name: Meter Turn On or Meter Turn Off Fee Fee name updated to reflect a more accurate description of service. 2. Historic Property Preservation Agreement[pwge26f Existing Fee: $4,422.59 Each Proposed Fee: $3,589.14 Each As a result of streamlining efforts the time it would take each staff involved to process a Mills Act application has decreased thereby reducingthe total cost. 3. Self -nomination of Properties to the Santa Ana Register of Historical Properties (page261 Existing Fee: $5,814.41 Each Proposed Fee: $3,589.14 Each As a result of streamlining efforts the time it would take each staff involved to process a Self - nomination of properties to the Santa Ana Register of Historical Properties application has decreased thereby reducing the total cost. 4. Category 5 -Exterior Telephones (Pay Phones) -First Pay Phone ipage231 Existing Fee: $70.96 Each Proposed Fee: $603.19 Each Due to clerical error fee amount was misprinted in FY 2018-19. Staff completed fee calculation, proposed fee reflects cost of service. 5. Negative Declaration - In -House- Plus reimburse City for actual cost (pVe251 Existing Fee: $72,483.15 Fee Proposed Fee: $75,324.49 Fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 75A8�-96 Proposals to Modify Existing Fees FY 2019-20 6. Negative Declaration -With Consultant- Plus reimburse City for actual cost fv 25] Existing Fee: $72,483.15 Fee Proposed Fee: $75,324.49 Fee 10%of Consultant Fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 7. Negative Declaration -Without Studies- Plus reimburse City for actual cost fDBge 251 Existing Fee: $7,960.87 Fee Proposed Fee: $8,272.94 Fee 10% of Consultant fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse Cityfor actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 8. Environmental ImoactReoort-In-House[page 251 Existing Fee: $ 111,016.77 Fee Proposed Fee: $ 115,368.63 Fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wordingfor the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 75,'--2-97 Proposals to Modify Existing Fees FY 2019-20 PLANNING AND BUILDING AGENCY -CONTINUE 9. Environmental Impact Report -With Consultant/Dege2SJ Existing Fee: $ 111,016.77 Fee Proposed Fee: $ 115,368.63 Fee 10% of Consultant fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wordingfor the fee at issue allows developers to reimburse Cityfor actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. PARKS RECREATION AND COMMUNITY SERVICES AGENCY 10. Multi -Purpose Field Fees fpsge 16l 18/19 FEE 19/20 CPIADJ. FEE PROPOSED FEE YOUTH NON-RESIDENT/ PROFIT Per Hour 10.31 10.71 11.00 YOUTH RESIDENT/ PROFIT Per Hour 3.44 3.58 4.00 YOUTH RESIDENT/ NON-PROFIT Per Hour 1.70 1.77 2.00 This fee will be charged to the public to reserve fields at City parks. Requesting to round up the fee to next whole dollar. 11. Multi -Purpose Court Fees rpage 161 19/20 CPI ADJ. FEE PROPOSED FEE ADULT NON-RESIDENT/ PROFIT Per Hour 14A6 14.71 15.00 ADULT NON-RESIDENT/ NON-PROFIT Per Hour 12.39 12.88 13.00 ADULT RESIDENT/NON-PROFIT Per Hour 7.08 7.36 8.00 YOUTH NON-RESIDENT/ PROFIT Per Hour 5.31 5.52 6.00 YOUTH NON-RESIDENT/NONPROFIT Per Hour 3.55 3.69 4.00 YOUTH RESIDENT/ PROFIT Per Hour 1.76 1.83 2.00 YOUTH RESIDENT/ NON-PROFIT Per Hour 0.85 0.88 1.00 This fee will be charged to the public to reserve courts at City parks. Requesting to round up the fee to next whole dollar. 75A'-1-98 Proposals to Modify Existing Fees FY 2019-20 PARKS, RECREATION AND COMMUNITY SERVICES AGENCY -CONTINUE 12. DYSC Reservation Fee- No Admission rpM 171 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE YOUTH RESIDENT/ PROFIT Per Hour 9.29 9.66 10.00 YOUTH RESIDENT/ NO PROFfT Per Hour 4.46 4.64 5.00 This fee will be charged to the public to reserve the Dan Young Soccer Complex Field at Centennial Park. This fee is associated to events that require no admission fee. Requesting to round up the fee to next whole dollar. 13. DYSC Synthetic Turf Youth Field [age 0 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE YOUTH NON-RESIDENT/ PROFIT Per Hour 27.88 28.98 49.00 YOUTH NON-RESIDENT/NON-PROFIT Per Hour 18.60 19.33 33.00 YOUTH RESIDENT/ PROFIT Per Hour 9.29 9.66 16.00 YOUTH RESIDENT/ NON-PROFIT Per Hour 4.46 4.64 8.00 This fee will be charged to the public to reserve the Dan Young Soccer Complex Synthetic Turf Field at Centennial Park. Requesting to modify the fee to have fees for synthetic turf fields be consistent. 14. Willard Intermediate Sports Field rr?] 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE RESIDENT/NON-PROFIT I Per Hour 7.66 7.96 8.00 This fee will be charged to the public to reserve the Willard Intermediate Synthetic Turf Field at Willard Intermediate School. Requesting to modify the fee to have fees for synthetic turf fields be consistent. 15. Athletic Facility Lights [Doge 17 1 YOUTH RESIDENT/ PROFIT Per Hour 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE 12.25 12.74 13.60 4.08 4.24 5.00 This fee will be charged to the public to provide lights for athletic facilities at City parks. Requesting to round up the fee to next whole dollar. 16. Hector Godinez Lights rpM 1e1 OUTDOOR BASKETBALL Per Hour 4.64 4.82 5.00 This fee will be charged to the public to provide lights for fields at Hector Godinez. Requesting to round up the fee to next whole dollar. 75A!2-99 Proposals to Modlfv Existing Fees FY 2019-20 PARKS RECREATION AND COMMUNITY SERVICES AGENCY -CONTINUE 17. Stadium Sporting Events Fee roa>te JM YOUTH RESIDENT/ NON-PROFIT I Per Hour 1FEE 7.65 /20 CPI ADJ. FEE PROPOSED FEE 7.95 8.00 This fee will be charged to the public to provide lights for sporting events at the Stadium. Requesting to round up the fee to next whole dollar. 18. Events Trailer -Tables and Chairs ipage 20] FEE 19/20 CPI ADJ. FEE PROPOSED FEE CHAIRS I Per Chair/Day 1.81 1.88 2.00 This fee will be charged to the public to rent tables and chairs. Requesting to round up the fee to next whole dollar. 19. Sports Youth: Registration for Baseball T-Ball Basketball. Flag football Kickball. Softball. Soccer, and Volleyball. [page 201 18/19 FEE 19/20 CPI ADJ, FEE PROPOSED FEE CAP -EXTRA I Each 12.04 12.51 13.00 This fee will be charged to the public to provide extra items listed for youth sports programs. Requesting to round up the fee to next whole dollar. 20. Vacation Recreation Program i page 20] FEE 19/20 CPI ADJ. FEE PROPOSED FEE ;amyl This fee will be charged to the public to participate in the vacation recreation program. Requesting to round up the fee to next whole dollar. 75A 9I-100 Proposals to Modify Existing Fees FY 201920 PARKS, RECREATION AND COMMUNITY SERVICES AGENCY -CONTINUE 21. Family PRIDE Fees fPW 201 HALLOWEEN DANCE CHRISTMAS DINNER TEEN DANCE 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE Per Child 2.86 2.97 3.00 Per Adult 4.30 4.47 5.00 Per Child 1.43 1.48 2.00 Per Adult 4.30 4.47 5.00 Per Child 7.14 7.42 8.00 Per Adult 10.01 10.41 11.00 Per Person 4.30 4.47 5.00 This fee will be charged to the public to participate in various Project PRIDE Programs. Requesting to round up the fee to next whole dollar. 22. Excursion Bus Fee [page 21 1S/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE 7.14 7.42 8.00 This fee will be charged to the public for bus excursions. Requesting to roundup the fee to next whole dollar. 23. Portable Restroom Fee ipage_211 18/19 FEE 19/20 CPI AQI. FEE PROPOSED FEE PORTABLE RESTROOM FEE Per Hour 3.20 3.33 4.00 This fee will be charged to the public for portable restrooms specific to tennis site. Requesting to round up the fee to next whole dollar. 24. Park Facilities/Reservation/Audio Permits [page 221 Existing Name: Park Facilities/Reservation/Audio Permits Proposed Name: Audio Permits Provide clarification as fee is for Audio Permits only not for Park Facility &/or Reservation Permit. 75X-2-101 Proposals to Modify Existing Fees FY 2019-20 WON WAIND at 25. Vehicle Citation Sign Off - SAPID rpage 651 Existing Fee: $5.54 per citation Proposed Fee: $5.00 per citation This fee needs to be modified to reflect a flat rate. 26. Copy of Lost Citation [page 66] Existing Fee: $2.22 per hour Proposed Fee: $2.00 per hour This fee needs to be modified to reflect a flat rate. 27. Police Incident Reports [page 66] Existing Fee: $.20 per page *reports in excess of 20 pages Proposed Fee: $.20 per page This fee needs to be modified to reflect in flat fee per page regardless of the number of pages. 28. Police Crime Reports [page 66] Existing Fee: $.20 per page *reports in excess of 20 pages Proposed Fee: $.20 per page This fee needs to be modified to reflect in flat fee per page regardless of the number of pages. 29. Police Security Services -Commander [page 66] Existing Fee: $89.87 per hour Proposed Fee: $94,15 per hour This fee needs to be modified to reflect the salary increases In this job classification. 92 75A-2-102 Proposals to Modify Existing Fees FY 2019-20 POLICE DEPARTMENT -CONTINUE 30. Police Security Services -Police Officers [page 68] Existing Fee: $50.27 per hour Proposed Fee: $60.75 per hour This fee needs to be modified to reflect the salary Increases in thisjob classification. 31. Police Security Services-PCO/PSO/Reserve [page 68] Existing Fee: $50.27 per hour Proposed Fee: $60.75 per hour This fee needs to be modified to reflect the salary increases in thisjob classification. 32. Police Security Services -Sergeant [page 681 Existing Fee: $112.46 per hour Proposed Fee: $129.15 per hour This fee needs to be modified to reflect the salary increases in thisjob classification. 33. Ecuioment Violation [page 67] Existing Fee: $10.39 per hour Proposed Fee: $10 per hour This fee needs to be modified to reflect a flat rate. 75A-2-103 75A-2-104 EXHIBIT 3 Summary of FY 2019 - 20 Proposed Miscellaneous Fees Schedule Changes 75A'-�-105 Proposals to Delete Fees FY 2019-20 79 75A-2-106 Proposals to Delete Fees FY 2019-20 PUBLIC WORKS AGENCY 1. Street Name Sign !Wage 74J Existing Fee: $408.40 Proposed Fee: None Fee is being replaced with fee that includes actual sign cost plus cost of installation. 2. Miscellaneous Street Si"ns Cpage 741 Existing Fee: $419.84 Proposed Fee: None Fee is being replaced with fee that includes actual sign cost plus cost of installation. 3. Tree Planting: 24" box minimum tree%age 74J Existing Fee: $819.66 Proposed Fee: None Fee is being replaced with fee that includes cost of tree and planting of tree. 75K--2-107 Proposed New Miscellaneous Fees FY 2019-20 81 75A-2-108 Proposed New Mlsoellaneous Fees FY 2019.20 PUBLIC WORKS AGENCY 1. Street Signs /page 721 Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public for the actual cost of the street sign plus the labor of city staff or contractor. 2. Street Sign Installation by City Staff/Contractor "or 72J Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public for the labor of city staff or contractor. 3. Tree Health Arborists Evaluation !page 721 Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public for the labor of the Certified Arborist. 4. Tree Removal by City Staff/Contractor [page 721 Existing Fee: Proposed Fee: None Actual Cost This fee will be charged to the public to for the labor of tree removal. Cost will vary depending on the species and the maturity of the trees. 5. Tree Value Recoverol page 78J Existing Fee: None Proposed Fee: Actual Cost This fee will be charged to the public based on the actual value of the tree. 75A!-1-109 PARKS RECREA71ON AND COMMUNITY SERVICES AGENCY 6. Grass Area IDBg® 191 Existing Fee: None Proposed Fee: Hourly Rates: 1-50 People: Resident $10, Non -Resident $20 Each Additional 50 People: Resident $5, Non -Resident $10 This fee will be charged to the public to reserve space at City parks. 7. Memorial Center Stage[page 61 Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2-$15.00, 3430.00, 4420.00, 5-$40.00 This fee will be charged to the public to reserve the Stage at Memorial Park 8. PicnicArea[pagelBJ Existing Fee: None Proposed Fee: Hourly Rates: 1-50 People: Resident $10, Non -Resident $20 Each Additional 50 People: Resident $5, Non -Resident $10 This fee will be charged to the public to reserve picnic areas at City parks. 9. Roosevelt/Walker Community Center Multi -Purpose Room [page 6J Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2420.00, 3441.00, 4-$30.00, 5-$60.00 This fee will be charged to the public to reserve the multi -purpose room as Roosevelt/Walker Community Center. 83 75A-2-110 Proposed New Miscellaneous Fees FY 2019-20 PARKS, RECREATION AND COMMUNITY SERVICES AGENCY -CONTINUE 10. Santiago Park -Amphitheater (Stage) [Santiago Wildlife and Watershed Centerl (page 71 Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2-$15.00, 3-$30.00, 4-$20.00, 5-$40.00 This fee will be charged to the public to reserve the amphitheater at Santiago Park 11. Showmobile-Towin¢ Fee [DBge2OJ Existing Fee: None Proposed Fee: $230 This fee is the cost that the City pays a towing company to move the showmobile to a location and back. 12. Southwest Senior Center -Class Room foage3j Existing Fee: None Proposed Fee: Hourly Rates: Group Category: 1-No Charge, 2-$20.00, 3441.00, 4-$30.00, 5-$60.00 This fee will be charged to the public to reserve the class room at Southwest Senior Center 75X-2-111 Proposals to Modify Existing Fees FY 2019-20 75A s2-112 FINANCE & MANAGEMENT SERVICES AGENCY 1. Turn on or Turnoff fee [pagoJ01 Existing Name: Turn on or Turn off fee Proposed Name: Meter Turn On or Meter Turn Off Fee Fee name updated to reflect a more accurate description of service. 2. Historic Property Preservation Agreement [page 261 Existing Fee: $4,422.59 Each Proposed Fee: $3,589.14 Each As a result of streamlining efforts the time it would take each staff involved to process a Mills Act application has decreased thereby reducing the total cost. 3. Self -nomination of Properties to the Santa Ana Register of Historical Properties [page261 Existing Fee: $5,814.41 Each Proposed Fee: $3,589.14 Each As a result of streamlining efforts the time it would take each staff involved to process a Self - nomination of properties to the Santa Ana Register of Historical Properties application has decreased thereby reducingthe total cost. 4. Category 5 - Exterior Telephones (Pay Phones) - First Pay Phone [pagB2?J Existing Fee: $70.96 Each Proposed Fee: $603.19 Each Due to clerical error fee amount was misprinted in FY 2018-19. Staff completed fee calculation, proposed fee reflects cost of service. 5. Negative Declaration - In -House- Plus reimburse City for actual cost ie251 Existing Fee: $72,483.15 Fee Proposed Fee: $75,324.49 Fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 75A7-2-113 Proposals to Modify Existing Fees FY 2019-20 6. Negative Declaration -With Consultant- Plus reimburse City for actual cost Cvaga251 Existing Fee: $72,483.15 Fee Proposed Fee: $75,324.49 Fee 10% of Consultant Fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 7. Negative Declaration - Without Studies- Plus reimburse City for actual cost iaageM Existing Fee: $7,960.87 Fee Proposed Fee: $8,272.94 Fee 10% of Consultant fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse Cityfor actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 8. EnvironmentallmoactRenort-In-Houselaage25J Existing Fee: $ 111,016.77 Fee Proposed Fee: $ 115,368.63 Fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. 75A 8i-114 Proposals to Modify Existing Fees FY 2019-20 PLANNING AND BUILDING AGENCY -CONTINUE 9. Environmental Impact Report- With Consultantj pop 25J Existing Fee: $ 111,016.77 Fee Proposed Fee: $ 115,368.63 Fee 10% of Consultant fee Plus reimburse City for actual cost Consultants are hired to assist with Development projects. The minor change in wording for the fee at issue allows developers to reimburse City for actual costs through pass through payments. Costs can be related to development agreement review such as legal consultant costs, technical studies, etc. PARKS. RECREATION AND COMMUNITY SERVICES AGENCY 10. Multi -Purpose Field Fees [page 16J 1B/19 FEE 19/20 CPI ADJ. FEE PROPOSED PEE YOUTH NON-RESIDENT/ PROFIT Per Hour 10.31 10.71 11.00 YOUTH RESIDENT/ PROFIT Per Hour 3.44 3.58 4.00 YOUTH RESIDENT/ NON-PROFT Per Hour 1.70 1.77 2.00 This fee will be charged to the public to reserve fields at City parks. Requesting to round up the fee to next whole dollar. 11. Multi -Purpose Court Fees i 18/19 19/20 CPI ADJ. FEE PROPOSED FEE FEE ADULT NON-RESIDENT/ PROFIT Per Hour 14.16 14.71 15.00 ADULT NON-RESIDENT/ NON-PROFIT Per Hour 12.39 12.88 13.00 ADULT RESIDENT/ NON-PROFIT Per Hour 7.08 7.36 8.00 YOUTH NON-RESIDENT/ PROFIT Per Hour 5.31 5.52 6.00 YOUTH NON-RESIDENT/NON-PROFIT Per Hour 3.55 3.69 4.00 YOUTH RESIDENT/ PROFIT Per Hour 1.76 1.83 2.00 YOUTH RESIDENT/ NON-PROFIT Per Hour 0.85 0.88 1.00 This fee will be charged to the public to reserve courts at City parks. Requesting to round up the fee to next whole dollar. 75A!-1-115 Proposals to Modify Existing Fees FY 2019-20 PARKS RECREATION AND COMMUNITY SERVICES AGENCY -CONTINUE 12. DYSC Reservation Fee- No Admission iI�i71 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE YOUTH RESIDENT/ PROFIT Per Hour 9.29 9.66 10.00 YOUTH RESIDENT/ NON-PROFIT Per Hour 4.46 4.64 5.00 This fee will be charged to the public to reserve the Dan Young Soccer Complex Field at Centennial Park. This fee is associated to events that require no admission fee. Requesting to round up the fee to next whole dollar. 13. DYSC Synthetic Turf Youth Field flgage 171 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE YOUTH NON-RESIDENT/NON-PROFIT Per Hour 18.60 19.33 33.00 YOUTH RESIDENT/ PROFIT Per Hour 9.29 9.66 16.00 YOUTH RESIDENT/ NON-PROFIT Per Hour 4.46 4.64 8.00 This fee will be charged to the public to reserve the Dan Young Soccer Complex Synthetic Turf Field at Centennial Park. Requesting to modify the fee to have fees for synthetic turf fields be consistent. 14. Willard Intermediate Sports Field roaae 171 NON-RESIDFM/PROFR rer hour 43.4/ RESIDENT/NON-PROFIT Per Hour 7.66 7.96 8.00 This fee will be charged to the public to reserve the Willard Intermediate Synthetic Turf Field at Willard Intermediate School. Requesting to modify the fee to have fees for synthetic turf fields be consistent. 15. Athletic Facility Lights roage 17 1 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE YOUTH RESIDENT/ PROFIT Per Hour 4.08 4.24 5.00 This fee will be charged to the public to provide lights for athletic facilities at City parks. Requesting to round up the fee to next whole dollar. 16. Hector Godinez Lights foage181 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE OUTDOOR BASKETBALL I Per Hour 4.64 4.82 5.00 This fee will be charged to the public to provide lights for fields at Hector Godinez. Requesting to round up the fee to next whole dollar. 75A S116 PARKS, RECREATION AND COMMUNITY SERVICES AGENCY -CONTINUE 17. Stadium Snorting Events Fee [page 1M 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE YOUTH RESIDENT/ NON-PROFIT Per Hour 7.65 7.95 8.00 This fee will be charged to the public to provide lights for sporting events at the Stadium. Requesting to round up the fee to next whole dollar. 18. Events Trailer -Tables and Chairs roage 201 FEE 19/20 CPI ADJ. FEE PROPOSED FEE TABLES Per Table/Day 12.10 12.57 13.00 CHAIRS I Per Chair/Day 1.81 1.88 2.00 This fee will be charged to the public to rent tables and chairs. Requesting to roundup the fee to next whole dollar. 19. Soorts, Youth: Registration for Baseball. T-Ball, Basketball. Flag football. Kickball. Softball. Soccer. and Volleyball. [poge 20] CAPOM I Each 12.04 12.51 13.00 This fee will be charged to the public to provide extra items listed for youth sports programs. Requesting to round up the fee to next whole dollar. 20. Vacation Recreation Program ipage = 18/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE RESIDENT -PIER DAY (TWO DAY MINIMUM) Per 18.15 18.86 19.00 Child This fee will be charged to the public to participate in the vacation recreation program. Requesting to round up the fee to next whole dollar. 75qn- X-2-117 Proposals to Modify Existing Fees FY 2019-20 PARKS RECREATION AND COMMUNITY SERVICES AGENCY -CONTINUE 21. Family PRIDE Fees [page 2M HALLOWEEN DANCE CHRISTMAS DINNER TEEN DANCE 18/19 FEE Per Child 2.86 Per Adult 4.30 Per Child 1.43 Per Adult 4.30 Per Child 7.14 Per Adult 10.01 Per Person 4.30 19/20 CPI ADJ. FEE PROPOSED FEE 2.97 3.00 4.47 5.00 1.48 2.00 4.47 5.00 7.42 8.00 10.41 11.00 4.47 5.00 This fee will be charged to the public to participate in various Project PRIDE Programs. Requesting to round up the fee to next whole dollar. 22. Excursion Bus Fee mass 21 PER ADULT FEE 19/20 CP1 ADJ. FEE PROPOSED FEE 7.14 7.42 8.00 This fee will be charged to the public for bus excursions. Requestingto round up the fee to next whole dollar. 23. Portable Restroom Fee roa¢e_ 21) 1$/19 FEE 19/20 CPI ADJ. FEE PROPOSED FEE PORTABLE RESTROOM FEE Per Hour 3.20 3.33 4.00 This fee will be charged to the public for portable restrooms specific to tennis site. Requesting to round up the fee to next whole dollar. 24. Park Facilities/Reservation/Audio Permits [221 Existing Name: Park Facilities/Reservation/Audio Permits Proposed Name: Audio Permits Provide clarification as fee is for Audio Permits only not for Park Facility &/or Reservation Permit. 91 75A-2-118 06 _ NI V;1%4 Iv,%TU 25. Vehicle Citation Sign Off - SAPID (page 65] Existing Fee: $5.54 per citation Proposed Fee: $5.00 per citation This fee needs to be modified to reflect a flat rate. 26. Copy of Lost Citation [page 661 Existing Fee: $2.22 per hour Proposed Fee: $2.00 per hour This fee needs to be modified to reflect a flat rate. 27. Police Incident Reports [page 661 Existing Fee: $.20 per page *reports in excess of 20 pages Proposed Fee: $.20 per page This fee needs to be modified to reflect in flat fee per page regardless of the number of pages. 28. Police Crime Reports [page 661 Existing Fee: $.20 per page *reports in excess of 20 pages Proposed Fee: $.20 per page This fee needs to be modified to reflect in flat fee per page regardless of the number of pages. 29. Police Security Services -Commander [page 66] Existing Fee: $89.87 per hour Proposed Fee: $94.15 per hour This fee needs to be modified to reflect the salary increases in this job classification. 75A-2-119 POLICE DEPARTMENT -CONTINUE 30. Police Security Services -Police Officers [page 681 Existing Fee: $50.27 per hour Proposed Fee: $60.75 per hour This fee needs to be modified to reflect the salary increases in this job classification. 31. Police Security Services-PCO/PSO/Reserve [page 681 Existing Fee: $50.27 per hour Proposed Fee: $60.75 per hour This fee needs to be modified to reflect the salary increases in thisjob classification. 32. Police Security Services -Sergeant [page 681 Existing Fee: $112.46 per hour Proposed Fee: $129.15 per hour This fee needs to be modified to reflect the salary increases in thisjob classification. 33. Equipment Violation [page 67] Existing Fee: $10.39 per hour Proposed Fee: $10 per hour This fee needs to be modified to reflect a flat rate. 93 75A-2-120 EXHIBIT 4 jmf 5/29/19 RESOLUTION NO.2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADJUSTING THE SANITATION FEE ESTABLISHED BY ARTICLE XII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Sanitation Services Users Charge ("Sanitation Fee") was established in 1991 for street sweeping and other environmental sanitation services provided by the City, under Ordinance No. NS-2129, which amended the Santa Ana Municipal Code by adding Article XII to Chapter 18 (consisting of Sections 18-600 through 18-603). B. The Sanitation Fee is billed to all types of property units within the City, including residential, commercial, industrial, and manufacturing, pursuant to Section 18- 601 of the Santa Ana Municipal Code. The Sanitation Fee has historically been set and collected on a bimonthly basis to coincide with other utility billing by the City. C. The amount of the Sanitation Fee is established by resolution of the City Council, in accordance with Section 18-601 of the Santa Ana Municipal Code. The current bimonthly fee is $12.94. D. Following an evaluation of the current charge, the City now wishes to lower the Sanitation Fee. Section 2. Effective July 1, 2019, the City Council of the City of Santa Ana hereby establishes the bimonthly amount of $10.70 for the Sanitation Fee. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 4th day of June, 2019. Miguel A. Pulido Mayor Resolution No. 2019-XXX Page 1 of 2 75A-2-121 jmf 5/29/19 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By, %/. TAI-e John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019 - to be the original resolution adopted by the City Council of the City of Santa Ana on June 4, 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-XXX Page 2 of 2 75A-2-122 REQUEST FOR COUNCIL ACTION j CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 4, 2019 TITLE: APPROVE $22.6 MILLION PRE -PAYMENT FOR THE CITY'S CONTRIBUTION TO THE SAFETY EMPLOYEE PENSION UNFUNDED LIABILITY FOR FY 2019-20 (STRATEGIC PLAN NO. 4, 1) RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a $22,644,532 pre -payment for the City's annual Unfunded Actuarial Liability to California Public Employees Retirement System (CaIPERS) — Safety Plan for Fiscal Year 2019-20. DISCUSSION The employee pension plan accrues an unfunded liability when CaIPERS investment earnings are less than the actuarial assumptions, and employees live longer than assumed. The safety plan had an unfunded liability of $344.3 million at June 30, 2017. The City will receive updated information for June 30, 2018 in summer 2019. Each year, CaIPERS requires the City to reduce the unfunded liability with a payment. One way to reduce the City's cost is to pay the contribution at the beginning of the fiscal year, rather than spreading the contribution equally over 12 months. The actuarial required contribution for the safety plan (police and fire) unfunded liability is $23,451,034 for FY 19-20. If the City chooses to pre -pay the contribution by July 31 st for the safety plan, the contribution is reduced to $22,644,532, which saves the City 3.4% or $806,502 on its annual contribution. Below is the break-out of the safety contribution (pre -paid) amount by Department: Department Amount Police $15,081,258 Fire $7,563,274 The City continues to owe an unfunded liability for the previous Santa Ana Fire Department, as a result of the former members accrued pension benefits while employed with the City. If the City were to make 12 equal payments over the fiscal year, the City would not save $806,502; but may earn more investment income of approximately $176,944. 75A-3-1 Approval to Pre -Pay the City's Safety Plan Unfunded Actuarial Obligations June 4, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #4, - City Financial Stability, Objective #1 — (maintain a stable, efficient and transparent financial environment). FISCAL IMPACT The proposed FY19-20 budget includes an assumption that the City will make the pre -payment, resulting in an estimated net savings of $629,558 ($806,502 savings, less approximately $176,944 reduced investment income). The contribution to reduce the unfunded liability is a General Fund expenditure. Accounting Unit 01105020-61103 for police - $15,081,258 Accounting Unit 01105020-61104 for fire - $7,563,274 APPROVED AS TO FUNDS AND ACCOUNT: Kathryn D�CPA Tyv\, Executive Director Finance and Management Services Agency ZFWX l 75A-3-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: PUBLIC HEARING — APPROVE THE FISCAL YEAR 2019-20 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR A TOTAL AMOUNT OF $7,146,686 (STRATEGIC PLAN NOS. 1,6; 2,2; 5,4) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MA1qAGER RECOMMENDED ACTION Approve the Fiscal Year 2019 - 20 Community Development Block Grant Program in the amount of $7,146,686, including $5,701,154 from the Grant Year 2019 allocation, anticipated program income in the amount of $275,039, and re -allocation of prior year program funds in the amount of $1,170,493 from the United States Department of Housing and Urban Development. 2. Direct the City Attorney to finalize and authorize the City Manager and the Clerk of the Council to execute memorandums of understanding with various city departments and agreements with nonprofit organizations awarded funds as part of the approved Community Development Block Grant Program for a term beginning July 1, 2019 through June 30, 2020, subject to non -substantive changes approved by the City Manager and City Attorney. City Department Award Community Development Agency - Administration of the CDBG Program. Proposed $1,080 230 funding amount calculated based on 20% administrative cap less Fair Housing amount. Orange County Fair Housing Council Inc. — Provides fairhousing education, landlord tenant counseling and enforcement services to combat housing discrimination and city $60,000 administrative support for the residents of the City of Santa Ana. A commitment to further fair housing is a requirement of CDBG funding. Code Enforcement — Community Preservation Services $790,664 Economic Development - Funds are used to make award grants of up to $5,000 to $72 926 eligible micruenterptise businesses in the Cit . Parks, Recreation and Community Services Agency - Neighborhood park $1,435,000 improvements. Public Works Agency - Residential street improvements/Santa Ana Regional $2,150,323 Trans ortation CenterAmericans with Disability Act improvements. 75B-1 Public Hearing - June 4, 2019 Page 2 Fiscal Year 2019 — 2020 CDBG Program Planning and Building Agency — Neighborhood Sponsored Improvements to address property maintenance and life safety violations, which contribute to the visual blight and general $50,000 Housing — To address rehabilitation of single-family and multi -family housing as well as a I $635,000 J ...—♦ ♦ - — TOTAL I $6,274,143 Public Service Organizations Award America on Track — Brighter Futures for Children of Prisoners $45,000 Boys & Girls Club of Santa Ana — Community Based Mentoring Program $40,000 Charitable Ventures of OC — Summer Night Lights $30,000 Community Action Partnerships of OC — Economic Empowerment Your Money Your Goals $30,000 Community Health Initiative Orange County - Provides outreach, education, enrollment, and case management services to vulnerable populations $30,000 Court Appointed Special Advocates — Transitional Age Youth Program $30,000 Delhi Center/Cielo- Family Economic Success Initiative Program $93,205 Delhi Center - Teens Engaged in Learning and Leadership Program $68,461 Delhi Center/ALBI - Skill enrichment, self-expression, stress relief and socialization through various arts activities $61,557 Heritage Museum of OC — The Borrowing Barn $31,320 Legal Aid Society of OC (Community Legal Aid SoCal) - Provides free, holistic legal assistance to survivors of domestic violence $38,000 Lutheran Social Services of So. Cal. — Victims intervention Program $30,000 Nati's House (dba Neutral Ground) - Summer Night Lights Program $60,000 OC Children's Therapeutic Arts Center - After School Arts, Tutoring, Family Counseling, and Parenting Classes $70,000 Public Law Center — Consumer & Community Organizations Legal Assistance Project $30,000 Public Law Center - Affordable Housing & Homelessness Prevention Program $30,000 Second Chance Orange County — More Second Chances $50,000 Taller San Jose Hope Builders — Business Applications $30,000 The Cambodian Family — Plan Ahead Youth Program $45,000 Young Men's Christian Association of OC — Financial Assistance Program $30,000 TOTAL $872,543 Note: The public service organizations and the amounts are subject to change pending Recommended Action 2 above. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION 75B-2 Public Hearing - Fiscal Year 2019 — 2020 CDBG Program June 4, 2019 Page 3 At its Regular Meeting on March 27, 2019, the Community Redevelopment and Housing Commission recommended approval of the nonprofit public services for the FY 2019-20 Community Development Block Grant Program to the City Council by a vote of 6:1 (Urzua, abstained). DISCUSSION The City of Santa Ana receives an annual allocation of Community Development Block Grant (CDBG) Program funds from the United States Department of Housing and Urban Development (HUD) to improve low to moderate -income neighborhoods, eliminate blight and create a more stable economic base. These funds may be used for a diverse range of programs including affordable housing, street improvements, park and public facilities improvements, economic development, code enforcement and public services. The City's CDBG allocation for Grant Year (GY) 2019, FY 2019- 20, is $5,701,154. In addition, program income in the amount of $275,039 is anticipated, and re -allocation of prior year program funds in the amount of $1,170,493 The proposed FY 2019-20 CDBG Program and Funding Plan consists of the Community Redevelopment and Housing Commission's (CRHC) funding recommendations for nonprofit public service programs and staffs funding recommendations for Administration and Planning, Code Enforcement, Economic Development, City Capital Improvements, and Housing. The CDBG Program and Funding Plan can be summarized in two general categories: 1) Capital Projects/CDBG Program Funding Plan, and 2) Public Services. A summary of the process and allocation for the FY 2019-20 CDBG Program is provided below for both general categories. Capital Projects/CDBG Program Funding Plan: The FY 2019-20 CDBG Program Funding Plan includes the funding allocations for administration, fair housing, nonprofit public services, code enforcement in low- to moderate- income areas of the city to address health and safety violations, economic development to provide small business grants, residential street improvements, park improvements, multi -family rehabilitation loans, single-family rehabilitation loans, and homebuyer down payment assistance loans as described in the CDBG FY 2019-20 Program Plan (Exhibit 1). The CDBG allowable cap of 20 percent for administration and fair housing services is estimated to be $1,140,230 for FY 2019-20. Administration is necessary for staffing, compliance, reporting, fiscal management, and monitoring of the entire program. Fair housing is necessary due to CDBG requirements that the City affirmatively further fair housing. The proposed programs and projects have been determined to be of highest priority and need by the Executive Directors of the Parks, Recreation and Community Services Agency, Public Works Agency, Planning and Building Agency and Community Development Agency following the City's internal application process and the competitive public service allocation process described below. Public Services: A maximum of 15 percent of CDBG funding plus anticipated program income not to exceed 15% for FY 2019-20 ($872,543) may be used for public services. For FY 2019-20, the City is providing the entire estimated public service allocation to nonprofit organizations for programs with an emphasis on crime prevention, intervention, and/or suppression for children, youth, and families, 75B-3 Public Hearing - Fiscal Year 2019 — 2020 CDBG Program June 4, 2019 Page 4 economic development, tenant services assistance and programs; and a summer night lights program. (Exhibit 2). Following approval by City Council on December 18, 2018, the City solicited applications from nonprofit organizations from January 2, 2019 to February 4, 2019. Marketing of the CDBG application process and nonprofit outreach efforts included a press release, use of social media via the City's Facebook page, a -mails to a nonprofit organization distribution list, mailings to nonprofits, and a dedicated CDBG webpage. A total of 28 applications were received from 23 nonprofit organizations (four nonprofit organizations submitted multiple applications). Two nonprofit organizations applied for the Summer Night Lights Programs. The applications were submitted to the Community Redevelopment and Housing Commissioners for review and rating based on the following criteria: Criteria Max Points Community Need (Max. 35 Points) • How well does the program align with a City of Santa Ana strategic plan goal AND meet the requirement of a program with an emphasis on crime prevention, intervention, and/or suppression efforts for children, youth and/or families? 15 • If other similar services are provided, how does this application complement or fill an existing gap? 5 • Does this program serve a Neighborhood Initiative residential area that has been adversely affected by disinvestment and decline? 10 • Has the applicant demonstrated a need for the proposed program in Santa Ana? 5 Experience (Max. 20 Points) • Does the organization have experience in providing the proposed service? 10 • Does the applicant have experience administering CDBG or any other Federal rants? 10 Capacity to Provide Service (Max. 25 Points) • Will the program benefit Santa Ana residents? If the program is outside of Santa Ana, did the organization explain how Santa Ana residents will be served? 5 • Does the program have benchmarks for success? Does the applicant have a means of measuring performance, qualitatively and quantitatively? 10 • Does the organization have the personnel qualified to provide the service and administer the grant? 10 Effective & Efficient Use of Funds (Max. 20 Points) • Does the cost per client appear reasonable when compared to 10 75B-4 Public Hearing - Fiscal Year 2019 — 2020 CDBG Program June 4, 2019 Page 5 similarprograms? • How many people will be served with CDBG funds; are a majority from Santa Ana? 5 Does the application clearly identify how the grant funding will be spent? 5 TOTAL POINTS 100 Representatives from each organization were invited to present their proposed public service programs for funding consideration at two Community Redevelopment and Housing Commission public hearings on February 26, 2019 and February 28, 2019 held from 3:OOPM to 7:OOPM on both days. At the special CRHC meeting on March 27, 2019, Commissioners deliberated and finalized the funding recommendations.. The recommended funding amounts for the nonprofit organizations equals $872,543, with the exclusion of the Orange County Fair Housing Council, which -is recommended to be funded out of program administration, as in previous years, as permitted by CDBG regulations. A brief summary of all 28 applications are shown in Exhibit 3. Following the review process, the Commission is recommending funding for a total of 20 programs for consideration by City Council. Next Steps: If the FY 2019-20 CDBG Program and Funding Plan is approved, staff will prepare and execute memorandums of understanding with various city departments (Exhibit 4) and agreements with nonprofit organizations (Exhibits 5 and 6) for the period of July 1, 2019 through June 30, 2020. All of the projects and programs are eligible for CDBG funding and are in alignment with the City's Five -Year Consolidated Plan, Strategic Plan and Capital Improvement Program. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet: • Goal #1 - Community Safety, Objective #6 (Enhance Public Safety integration, communications and community outreach), Strategy F (The Santa Ana Police Department will collaborate with the Orange County Probation Department, Orange County Healthcare Agency caseworkers, business community, and associated non-profit organizations to assist in re-entry of recently released offenders into the community); • Goal #2 - Youth, Education, Recreation, Objective #2 (Expand youth programing), Strategy A (Focus resources on quality youth engagement, enrichment and education programs through community center, libraries and after -school programs during out -of - school hours), and Strategy B (Expand the youth sports program so that youth recreational opportunities are established year-round); • Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy D (Implement new Neighborhood Improvement Initiatives focusing on residential areas that have been adversely affected by disinvestment and decline. Program and services from a variety of resources will be 75B-5 Public Hearing - Fiscal Year 2019 — 2020 CDBG Program June 4, 2019 Page 6 utilized to achieve positive and sustainable improvements), and Objective #6 (Focus projects and programs on improving the health and wellness of all residents), Strategy C (Integrate a variety of health and wellness programs into existing programming at each of the city's community/recreation centers). FISCAL IMPACT Funds will be budgeted and available in the Community Development Block Grant account (nos. 13518780, 13518782, and 13518783) upon execution of a grant agreement between the City and HUD and adoption of the FY 2019-20 annual budget. It is anticipated that the CDBG allocation will be expended as follows: Grant Year Accounting Unit Description Accounting Unit - Account No. Anticipated Expenditure in FY Amount 2019 CDBG Administration 13518780-various 2019-20 $1,140,230 2019 CDBG Housing 13518782-various 2019-20 $635,000 2019 CDBG Programs 13518783-various 2019-20 $3,925,924 2018 CDBG Programs 13518783-various 2019-20 $275,039 2014-2018 CDBG Programs 13518783-various 2019-20 $1,170,493 TOTAL: $7,146,686 -2�� 1\41 Steven A. Mendoza Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. CDBG Program Funding Plan and Program Summaries 2. CRHC Nonprofit Funding Recommendations 3. Summary of Nonprofit Applications 4. City Agency Memorandum of Understanding Template 5. Nonprofit Agreement Template 6. Santa Ana Work Center and Nonprofit Memorandum of Understanding Template 75B-6 EXHIBIT 1 PROGRAM APPROVED REQUESTED APPROVED FY 18-19 FY19.20 FY 19-20 ADMINISTRATION & PLANNING $ 1,163,391 $ 1,140,230 Administration and Planning 1,101,150 1,080,230 Fair Housing 62,241 60,000 CODE ENFORCEMENT $ 815,644 $ 790,664 Community Preservation Code Enforcement 765,684 765,664 Community Preservation Legal Services 49,980 25,000 ECONOMIC DEVELOPMENT $ 72,926 $ 72,926 New Business Start -Up 72,926 72,926 NONPROFIT PUBLIC SERVICES $ 872,543 $ 872,543 Achievemnet Institute of Scientific Studies - - ALBI 61,557 America on Track 45,000 45,000 Boys B Girls Club of Santa Ana - 40,000 Charitable Ventures of OC - 30,000 Community Action Padnerships 30,000 Community Health Initiative Orange County 38,499 30,000 Court Appointed Special Advocates - 30,000 Deihl Center (Family Economic Success Initiative) 71,568 93,205 Delhi Center (Teens Engaged In Learning and Leadership) 58,776 68,461 Delhi CenterlALBI - 61,557 Heritage Museum of Orange County - 31,320 Legal Aid Society of OC(Clean Slate Project) 44,227 - LegalAidSocietyofOC(Domestic Violence Prevention Project) 36,374 38,000 Lutheran Social Services of So. Cal. - 30,000 Nati's House (dba Neutral Ground) SNL 51,959 60,000 Nati's House (dba Neutral Ground) 45,865 - OCChlldren's Therapeutic Ads Center 59,609 70,000 Public Law Center (Consumer) 35,807 30,000 Public Law Center (Housing) 37,084 30,000 Pure Game - - Santa Ana Xtrems - - Second Chance Orange County 30,000 50,000 Taller San Jose Hope Builders 49,125 30,000 The Cambodian Family 43,459 45,000 The Chrysalis Center - The Illumination Foundation 48,559 - WISEPlace 39,066 - Young Men's Christian Association of Orange County 30,000 CITY CAPITAL IMPROVEMENTS $ 1,892,455 $ 3,635,323 Park Improvements 921,227 1,435,000 Residential Street and lnfrastructural Improvements 921,228 2,150,323 Neighborhood Sponsored Improvements 50,000 50,000 HOUSING $ 1,000,000 $ 635,000 Single Family Rehab -City 650,000 300,000 Multi Family Rehab 150,000 175,000 Homebuyer Down Payment Assistance 200,000 160,000 TOTAL $ 5,816,959 $ 7,146,686 CDBG ALLOCATION $ 5,816,969 $ 5,701,154 CDBG ANTICIPATED PROGRAM INCOME $ - $ 275,039 CDBG RE -ALLOCATION -AVAILABLE $ - $ 1,170,493 SURPLUS/(DEFICIT) ADMINISTRATION CAP 20 % OF ALLOCATION ADMINISTRATION PROPOSED SURPLUS/(DEFICIT) PUBLIC SERVICE CAP 15%OF ALLOCATION PLUS PROGRAM INCOME NOT TO EXCEED 15% PUBLIC SERVICE PROPOSED SURPLUS/(DEFICIT) $ - $ 0 $ $ 1,163,391 $ 1,140,231 $ 1.163,391 $ 1,140,231 $ (0) $ $ 872,543 $ 872,543 $ 872,643 $ 872,543 $ - $ $ 75B-7 o a'2(D E 0 o c o m tl o 0 C m C m 0 'y O m o E•'o m a y Q ti u `o E y c m o 0 c 0Cf) o c mU O 'O O =O y Q 0 m N U C 2 _ p C O C C N c m C' 0 0 U CL E m E -o 0 „tm-, `� o $ t6 E o `o 0 U 0 m 'D Q m m a o o m p c a o y p c 2 o o O O N N :a 0 a' m y C a y d° m .2 N= N U n >O y N m CBJ N 0 E >, c a t 0 , E Z = n m 0 0 `o a m -0 3 0 0 O .y. 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Z U) 75B-11 75 /) _)\a. 7)/ > - - )% \[/]j �/_ E--0 ƒ/\\®�- {\ƒ(\ \2=eE ]§)/ ,e®£ -)kW» / 0E \\ \\ }\\M \\\ 2 7/j _ \\\k§ o) g0IE0 -/ k)/E \)))\ %§\ \\\)� \�)aƒ \\» CD =:2 00 E gf§ §E 8 [/§) 8 [§ \ \ \ cn SEEf(\ - / /k/�f \k/(/ \0m0 ea32± ea322 m _ G /=k, \ \2jq D {[)( CL _ ' /fƒ/ 2ƒ22 2a_#a- 75B.12 CRHC Nonprofit Funding Recommendations CDBG FY 2019-20 EXHIBIT 2 CRHC Applicant Requested Applicant Minimum CRHC Evaluation Score Organization Name Funding Requested Recommended Program Funding Application Funding 89.20% Public Law Center- $50.000.00 $30,000.00 $30,000.00 Community Development Housing Program 88.40% America on Track- $74,778.00 $45,000.00 $45,000.00 Brijhter Futures for Children of Prisoners 87.80% Community Health Initiative Orange County - $%000.00 $30,000.00 $30,000.00 Community Health Access Pro ram 87.80% Taller San Jose Hope Builders - $75,000.00 $30,000.00 $30,000.00 Business Applications 87 20% Legal Aid - $55,736.00 $38,000.00 $38,000.00 ,Domestic Violence 87.00% Orange CountyChildren'sTherapeuticArtsCenter- $75,000.00 $70,000.00 $70,000.00 Willard Neighborhood Crime Prevention and Intervention 86.60% Delhi Center- $74,441.00 $68,461.00 $68,461.00 Teen. Engaged in Learning and Leadership TELL 86.20% DelhiCenterlALBI- $65,210.00 $61,557.00 $61,557.00 School Break Enrichment Program 85.60% The Cambodian Family- $75,000.00— $45,000.00 $45,000.00 Plan Ahead Youth Program 85.50% Charitable Ventures of Orange County - $30,260.00 $30,000,00 $30,000.00 Summer Night Lights 85.00% Delhi Center/CIELO- $125,985.00 $93,205.00 $93,205.00 Family Economic Success Initiative 83.80% Court Appointed Special Advocate- $50,000.00 $30,000.00 $30,000.00 Transitional Age Youth Program 83.80% Nati's House Neutral Ground - $75, UI) $60,000.00 $60,000.00 Summer Night Lights 81.00% Public Law Center- $50,000.00 $30,000.00 $30,000.00 Community Development Consumer and Organizations Program 78 20% Boys & Girls Club - $65,000.00 $40,000.00 $40,000.00 Colle a Bound 77.40% Lutheran Social Services of Southern California - $75,000.00 $30,000.00 $30,000.00 Victims Intervention Program 77.00% YMCA of OC - $75,000.00 $30,000.00 $30,000.00 YMCA Financial Assistance Program 76.80% Second Chance Orange County- $60,000.00 $50,000.00 $50.000.00 More Second Chances 76.20% Community Action Partnership of Orange County- $75,000.00 $30,000.00 $30,000.00 Economic Empowerment -YourMone Your Goals 73 20% Heritage Museum of Orange County - $49,000.00 $45,000.00 $31,320.00 75.60% *(3)Nati'sHouse - $75,000.00 $50,000.00 $0.00 Neutral Ground 73.00% *(2)SanteAna Xtreme - $65,000.00 $30,000.00 $0.00 Santa Ana Xtreme Softball 7240% *(1)WisePlace- $4,500.00 $30,000.00 $0.00 Steps of Independence 72.40% Achievement Institute of Scientific Studies - $33,355.00 $33,355.00 $0.00 STEM and Wellness Program 70.40% Legal Aid • $45,240.00 $40,000.00 $0.00 Clean Slate 64.60% Pure Game • $44,000.00 $30,000.00 $0.00 STAR Sports 61.60% The Chrysalis Center- $75,000.00 $30,000.00 $0.00 Ch salis of Orange Count Employment Program * CRIlCrecommended the minimum funding request amount for the first 19 organizations. The remaining funds were offered to & accepted by Heritage Museum. If enough additional HUD funding is received to fund additional organizations, CRHC recommended funding in the following order: 1) WisePlace 2)5anta Ana Xtreme and 3)Nati's House Neutral Ground. Fair Housing Funding CRHC Recommendations** services are not subject to the CDBG Program 15%public service ca . 75�-13 75B-14 EXHIBIT 3 Summary of Community Development Block Grant Nonprofit Applications FY 2019-2020 Public Law Center Santa Ana Community Development Housing Program PLC provides legal assistance and education to Santa Ana residents who are experiencing housing instability and reside in poorly operated and maintained mobile home parks and apartments. PLC supports neighborhood vitality and livability through advocacy for affordable and habitable dwellings. Proposed number to be served: 60 Rank: 1 CRHC Recommendation: $30,000 Score: 87.00% Funding Request: $50,000 Strategic Plan Alignment: 5, 4d Minimum Funding Request: $30,000 America On Track Brighter Futures for Children of Prisoners Children of prisoners deserve the chance to discover a brighter future, which is why America On Track provides them with trained, caring mentors, STEM workshops, a "College is For Me Too!" camp, free books, and special outings, as well as nutrition seminars and wraparound services for the families. Proposed number to be served: 300 Rank: 2 CRHC Recommendation: $45,000 Score: 88.40% Funding Request: $74,778 Strategic Plan Alignment: 2, 2a Minimum Funding Request: $45 000 Community Health Initiative of Orange County Community Health Access Program CHIOC helps City of Santa Ana residents to access health and social service programs by providing outreach, education, enrollment, and case management services to vulnerable populations. We strive to ensure that clients acquire, retain, and utilize community resources effectively. Proposed number to be served:1500 Rank: 3 CRHC Recommendation: $30,000 Score: 87.80% Funding Request: 60,000 Strategic Plan Alignment: 5, 6d Minimum Funding Request: 30,000 Taller San Jose Hope Builders Business Applications In partnership with Santa Ana College (SAC), Hope Builders' business applications program will create economic opportunity for 22 disadvantaged Santa Ana youth by providing them hard skills training in business administration, and life skills support to advance their education and find a job. Proposed number to be served: 22 Rank: 4 CRHC Recommendation: $30,000 Score: 87.80% Funding Request: $75,000 Strategic Plan Alignment: 2, 4a Minimum Funding Request: $30,000 75B-15 Summary of Community Development Block Grant Nonprofit Applications FY 2019-2020 Legal Aid Society of Orange County Domestic Violence Prevention Project The Legal Aid Society of Orange County (LASOC) will provide free, holistic legal assistance to Santa Ana survivors of domestic violence to help them escape abuse and break the cycle of violence. Priority is given to service in the areas of family law, immigration, and healthcare advocacy. Proposed number to be served: 40 Rank: 5 CRHC Recommendation: $38,000 Score: 87.20% Funding Request: $55,736 Strategic Plan Alignment: 1 6f Minimum Funding Request: $38,000 Orange County Children's Therapeutic Arts Center OCCTAC/Willard Neighborhood Crime Prevention & Intervention Program Orange County Children's Therapeutic Arts Center (OCCTAC) proposes to continue our Willard Crime Prevention & Intervention Program to provide youth and their parents life - changing opportunities through: 1) Arts enrichment, 2)Therapeutic Arts, 3)Family Counseling, 4)Parenting, & 5)Academic Support. Proposed number to be served: 200 Rank: 6 CRHC Recommendation: $70,000 Score: 87.00% Funding Request: $75,000 Strategic Plan Alignment: 2 2a Minimum Funding Request: $70 000 Delhi Center Teens Engaged in Learning and Leadership (TELL) A leadership development program that trains teens to take an active role in designing and implementing educational and team building activities in their community that teach younger children about gang prevention, problem solving, conflict resolution, avoiding risk and making safe choices. Proposed number to be served:125 Rank: 7 CRHC Recommendation: $68,461 Score: 86.60% Funding Request: $74,441 Strategic Plan Alignment: 2 2a Minimum Funding Request: $68,461 Delhi Center/ALBI School Break Enrichment Program A leadership development program that trains teens to take an active role in designing and implementing educational and team building activities in their community that teach younger children about gang prevention, problem solving, conflict resolution, avoiding risk and making safe choices. Proposed number to be served: 150 Rank: 8 CRHC Recommendation: $61,557 Score: 86.20% Funding Request: $65,210 Strategic Plan Alignment: 2 2a Minimum Funding Request: $61,557 75B-16 Summary of Community Development Block Grant Nonprofit Applications FY 2019-2020 The Cambodian Family Plan Ahead Youth Program PAYP will help Santa Ana's low-income youth and parents from immigrant families thrive in the areas of academics, leadership and parenting skills so that they are able to be engaged in more positive afterschool activities, stay off streets, and avoid destructive or gang related activity. Proposed number to be served: 114 Rank: 9 CRHC Recommendation: $45,000 Score: 85.60% Funding Request: $75,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: $45,000 Charitable Ventures of Orange County (Summer Night Lights Project) Getting Residents Engaged in Exercise and Nutrition We propose to expand our GREEN program to host a Summer Night Light program. GREEN is a place -based wellness and learning program at James Madison Elementary. It provides health, education, community, and leadership opportunities for residents specifically in the form of health and wellness workshops and programming. Proposed number to be served: 1200 Rank: 10 CRHC Recommendation: $30,000 Score: 85,50% Funding Request: $30,260 Strategic Plan Alignment: 5, 6d Minimum Funding Request: $30,000 Delhi Center/CIELO Family Economic Success Initiative (FES) A collaborative case management strategy to help low-income families fill vocational, educational, and financial service gaps, so they can make better decisions to earn more, keep more of what they earn, and move up the economic ladder. Proposed number to be served: 100 Rank: 11 CRHC Recommendation: $93,205 Score: 85.00% Funding Request: $125,985 Strategic Plan Alignment: 3, 5c Minimum Funding Request: $93,205 Court Appointed Special Advocate (CASA of Orange County) Transitional Age Youth Program CASA-OC's new TAY Program serves Orange County's most at -risk foster youth, ages 16-21. As most of these youth have spent the majority of their childhood in foster care, without any consistent adult guidance, they are in danger of leaving the system without an education, job or place to live. Proposed number to be served: 115 Rank: 12 CRHC Recommendation: $30,000 Score: 83.80% Funding Request: $50,000 Strategic Plan Alignment: 2, 2a Minimum Funding Request: $30,000 75B-17 Summary of Community Development Block Grant Nonprofit Applications FY 2019-2020 Nati°s House Neutral Ground (Summer Night Lights Project) Summer Night Lights Neutral Ground will provide Summer Night Lights for 40 nights during the summer. Parks and recreation centers will be open late so that families can enjoy safe spaces, meet neighbors, find new opportunities and resources, and create relationships with the City and County agencies that serve them. Proposed number to be served: 200 Rank: 13 CRHC Recommendation: $60,000 Score: 83.80% Funding Request: $75,000 Strategic Plan Alignment: 2 2a Minimum Funding Request: $60 000 Public Law Center Santa Ana Community Development Consumers and Organizations Program PLC provides cradle through retirement legal services to Santa Ana low-income residents to spur economic development by helping clients, keep their hard earned money; and helping clients develop child and dependent care, and home kitchen businesses that will expand the local workforce. Proposed number to be served: 60 Rank: 14 CRHC Recommendation: $30,000 Score: 81.00% Funding Request: $50,000 Strategic Plan Alignment: 3 5c Minimum Funding Request: $30,000 Boys & Girls Club of Santa Ana College Bound College Bound provides at -risk Santa Ana teens with academic instruction and mentors to help graduate high school on time, prepare for secondary education, technical school, or military and set career goals; this also prevents teens from engaging in activities that could otherwise derail their path. Proposed number to be served: 100 Rank: 15 CRHC Recommendation: $40,000 Score: 78.20% Funding Request: $65,000 Strategic Plan Alignment: 2, 4a Minimum Funding Request: $40,000 Lutheran Social Services of Southern California (LSSSC) Victims Intervention Program (VIP) The Victims Intervention Project (VIP) will provide women who are victims of crime with evidence -based recovery services — direct mental health services, rental assistance, hotel/motel vouchers, intensive case management, transportation, life skills training and other supportive services. Proposed number to be served: 250 Rank: 16 CRHC Recommendation: $30,000 Score: 77.40% Funding Request: $75,000 Strategic Plan Alignment: 5 4d Minimum Funding Request: $30,000 75B-18 Summary of Community Development Block Grant Nonprofit Applications FY 2019-2020 Young Men's Christian Association of Orange County YMCA Financial Assistance Program - Santa Ana Programs We would like to request CDBG funding to provide Financial Assistance to low income, very low, and extremely low-income participants wishing to enroll in our Santa Ana Sports & Aquatics programs (soccer, swim, dodgeball, fitness programs) and Santa Ana After -School Programs. Proposed number to be served: 210 Rank: 17 CRHC Recommendation: $30,000 Score: 77.00% Funding Request: $75,000 Strategic Plan Alignment: 3, 5c Minimum Funding Request: $30,000 Second Chance Orange County More Second Chances SCOC provides individualized services to SA residents recovering from alcohol and substance abuse, often homeless, who seek stable, sustainable lives. Residents seeking an end to dependency will gain career training, mentoring, support in job placement and ongoing follow- up. Proposed number to be served: 30 Rank: 18 CRHC Recommendation: $50,000 Score: 76.80% Funding Request: $60,000 Strategic Plan Alignment: 1, 6f Minimum Funding Request: $50 000 Community Action Partnership of Orange County Economic Empowerment - Your Money, Your Goals Economic empowerment services for low-income adults and youth in and around Santa Ana; workshops include Your Money Your Goals curriculum, which covers banking, spending plans, and money management by providing tools for participants to develop habits to increase their financial wellbeing. Proposed number to be served: 112 Rank: 19 CRHC Recommendation: $30,000 Score: 76.20% Funding Request: $75,000 Strategic Plan Alignment: 3, 5c Minimum Funding Request: $30,000 Heritage Museum of Orange County The Borrowing Barn The Borrowing Barn will serve as a tool library, time bank, seed library, and DIY educational/community center for the surrounding area. Proposed number to be served: 1350 Rank: 20 CRHC Recommendation: $31,320 Score: 73.20% Funding Request: $49,000 Strategic Plan Alignment: 3, 5c Minimum Funding Request: $45 000 E1 75B-19 Summary of Community Development Block Grant Nonprofit Applications FY 2019-2020 Nati's House Neutral Ground Neutral Ground Nati's House Neutral Ground provides after school programming and mentoring to youth: focusing on violence prevention, gang intervention, restorative practices, mentoring, and drug and alcohol prevention. Neutral Ground also provides street outreach and programming for parents and community. Proposed number to be served: 125 Rank: 21 CRHC Recommendation: $0 Score: 75.60% Funding Request: $75,000 Strategic Plan Alignment: 2 2a Minimum Funding Request: $50,000 Santa Ana Xtreme Santa Ana Xtreme Softball Develop female athletes as future civic important life lessons through softball. atmosphere of community participtation. financial scholarships. Proposed number to be served: 75 Rank: 22 Score: 73.00% leaders. Teach self-discipline, hard teamwork & Providing a healthful activity & training in an Help them with: college recruitment/admission and CRHC Recommendation: $0 Funding Request: $65,000 Strategic Plan Alignment• 2 2b Minimum Funding Request: $30 000 WISEPIace Steps of Independence WISEPIace transitional housing, trauma -informed tools to move women from homeless to safe and children and families. Proposed number to be served: 40 Rank: 23 care and wrap -around services provide the affordable housing, reuniting them with their CRHC Recommendation: $0 Score: 72.40% Funding Request: $45,100 Strategic Plan Alignment 5 4d Minimum Funding Request $30 000 Achievement Institute of Scientific Studies Achievement Institute of Scientific Studies STEM and Wellness Program Achievement Institute of Scientific Studies STEM and Wellness Program bridges the student learning gap during transition from middle to high school for Santa Ana students from low income households by providing academic support, cultural enrichment, and wellness to support well rounded students. Proposed number to be served: 95 Rank: 24 CRHC Recommendation: $0 Score: 72.40% Funding Request: $33,355 Strategic Plan Alignment: 2 2a Minimum Funding Request: $33,355 75B-20 Summary of Community Development Block Grant Nonprofit Applications FY 2019-2020 Legal Aid Society of Orange County Clean Slate Clinic The Clean Slate Clinic will provide free legal assistance to help Santa Ana residents expunge their criminal records as way of opening avenues to employment and reducing criminal recidivism. Proposed number to be served: 100 Rank: 25 CRHC Recommendation: $0 Score: 70.40% Funding Request: $45,240 Strategic Plan Alignment: 1, 6f Minimum Funding Request: $40,000 Pure Game STAR Sports We provide schools a sports -based youth development program. We focus on creating a safe, positive, inclusive environment allowing a higher number of kids to participate and experience our character education and leadership curriculum. Our curriculum helps children make better quality life choices. Proposed number to be served: 1400 Rank: 26 CRHC Recommendation: $0 Score: 64.60% Funding Request: $44,000 Strategic Plan Alignment: 2, 2b Minimum Funding Request: $30,000 The Chrysalis Center Chrysalis Orange County Employment Program The Chrysalis Orange County Employment Program is dedicated to creating a pathway to self- sufficiency for homeless and low-income individuals by providing the resources and support needed to find and retain employment. Proposed number to be served: 45 Rank: 27 CRHC Recommendation: $0 Score: 61.60% Funding Request: $75,000 Strategic Plan Alignment: 1, 6f Minimum Funding Request: $30,000 Orange County Fair Housing Council, Inc (dba Fair Housing Council of Orange County) Santa Ana Fair Housing Education, Counseling and Enforcement Serving both housing consumers and providers with fair housing education, counseling and enforcement services to combat housing discrimination, combined with landlord -tenant counseling. Fair housing activities assist Santa Ana in certifying to FIUD that it is "affirmatively furthering fair housing". Proposed number to be served: 98 Rank: N/A CRHC Recommendation: $60,000* Score: N/A Funding Request: 66,000 Strategic Plan Alignment: 5, 4d Minimum Funding Request: 60,000 *Fair Housing project funding is from Administrative cap and does not impact Public Service funding. 75B-21 75B-22 EXHIBIT 4 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND CITY AGENCY FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Memorandum of Understanding is hereby made and entered into this 1st day of July, 2019, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California ("CITY"), and CITY AGENCY of the City, ("SUBRECIPIENT"). RECITALS: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program, Catalog of Federal Domestic Assistance (CFDA) Number 14,219, and Federal Award Identification Number (FAIN) B-19-MC-06-0508 , desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"). B. CITY has applied for and received CDBG fiends from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"). C. The SUBRECIPIENT has been selected by the CITY to receive CDBG funds and administer such financial assistance, and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SU13RECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it. will adhere to the performance measurements and outcomes as indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachnnents hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: L SUBRECIPIENT'S OBLIGATIONS A. Representations and Warranties. (a) Authority. SUBRECIPIENT is in good standing and authorized to do business tinder the laws of the State of California. SU13RECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. 75B-23 (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, diffleulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings, SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding_ submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of GrantiTeni and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $00,000 ("CDBG FUNDS"), for the term of July 1, 2019 through June 30, 2020. Such funds shall be expended by SUBRECIPIENT on or before June 30, 2020. The Term of this Agreement may be extended by a writing executed by the City Manager, or his or her designee, and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of it complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of subnxittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SU13RECIPTENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. 75B-24 D. Allowable Costs. SUBRECIPIEMF agrees to complete said program on or before June 30, 2020, and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as the total budget amount does not increase. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, the de sninimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. For this agreement, the de minimis indirect cost rate of 11.6% will apply. E. . Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtainhng a City business license, as applicable. F. Zoning. SUBRECIPIEW agrees that any facility/property used in furtherance of said program shall be specifically zoned and pennitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal miles and regulations following written notification of said violations) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant finding hereunder. SUBRECIPIEN'F must snake all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant finding hereunder. G. Separation of Accounts. All finds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to *maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. Audit Report Reouiroments. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal fiords, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed. 75B-25 I. Record Keenina/Renorthlg. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and inaintaining its record keeping responsibilities under the CDBG BEGS, including the following: (1) Record a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570,503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethiicity, and income verification of all household members ages 18 and over. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports a. Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SU13RECIPIENT shall submit both: an original invoiceirequcst for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter, b. Qaarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY, J. Access to Records. CITY and the United States Governinent and their representatives or auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to 75B-26 said program. CITY and the United States Government and their representatives or auditors shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any promises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of RecordsJgquired Lenet i of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available witllin the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with LawlProgram Inane. SUBRECIPIENT acknowledges that the finds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be hi accordance with the ACT and all pertinent regulations issued by agencies of the federal govermnent, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations, Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to fit this Agreement. M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in. Federal assistance programs tinder Executive Order 12549, "Debarment and Suspension". See also 24 CPR 570.609, SUBRECIPIENT must review and sign Exhibit C "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be, in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Sotvice. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confrdeutialit . Without prejudice to any other provisions of this Agreement, SUBRFCIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or I -IUD or its representatives, all records requested, including audit, exanninations, motutoring and verifications of reports submitted by SUBRECIPIENT, costs hncurred and services rendered hereunder. O. dependent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered 'us, its capacity as an independent contractor and that it is in no way all agency of CITY. P. Violation of Terns and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG fluids were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a 75B-27 disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances. Q. ^ ui meet. SUBRECIPIENT agrees to maintain a record for each item of non -expendable personal property acquired under the terns of this Agreement. Said record shall be made available to CITY upon request. The term "non -expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. S. Lob in . SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sigh a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terns and conditions of this Agreement. If any funds other than Federal appropriated fiends have been paid or will be paid to any person for influencing or attempting to hnfluence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D). SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts tinder grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted tinder the terns of this Agreement, or who are in a position to participate in a decision -making process or gain inside innformation with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertahning to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Putt 5. The 6 75B-28 SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates Higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low -and moderate -income persons residing within the community where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT, Failure to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBCI funds shall provide equal employment opportunities for minorities and women. W. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. Y. Subpart K of 24 CFR 570, SUBRECIPIENT will cant' out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52, Z. Women- and Minority -Owned Businesses (W(MBE) SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the perfonnanoe of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the terns "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this defrritfon, "minority group members" are African-Arnericans, Spanish-speaking, Spanish surnamed or Spanish- 7 75B-29 heritage Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. H. CITY'S OBLIGATIONS A. Payment of Funds. On July 1, 2019, the CITY was allocated $5,701,154 for fiscal year 2019- 2020 from the United States Department of housing and Urban Development C IIVU) Community Development Block Grant ("CDBG') Entitlement Program. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received a sum not to exceed _ Dollars ($00,000) for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of invoices/reimbursernent requests. CITY shall pay such invoiees/reinmbursement requests within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terns and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. Documentation may include; but is not limited to true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to 2 CFR 200,328(a), the CITY Manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D, Enviromnental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining eaviromnental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by time CITY will constitute non-compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if time CITY determines that insufficient supporting infonnation has been submitted, time CITY shall notify the SUBRECIPIENT in writing of its determination specifying in Rill detail the objections which it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being 75B-30 notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. 111. NONDISCRIMTNATLON A. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discrininate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth die provisions of this nondiscrimination clause. B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. C. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement, SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Rousing and Community Development Act of 1974, as amended. D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be 1united to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of thus age discrimination clause. E. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monics granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and decnned filly Incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. 75B-31 V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terns of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the estabhshnrent clause under the First Amendment of the United States Constitution and Article 1, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only air incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that persons immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the tern "immediate family" means spouse, child, another, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VH. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M•25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 10 75B-32 TO SUBRECIPIENT: Agency Contact Contact Title CITY AGENCY Department 20 Civic Center Plaza, M-29 Santa Ana, CA 92702 VIIL ASSIGNABILITY None of the duties of, or work to be perfornied by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. ICED HARMLESS SUBRECIPIENT shall indermufy, defend and save harness CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, includung property and employees or agents of CITY, and shall. defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers componsation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongRll acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. Rj§!MANCIC 1. Con2niercial General 1;is hillkv_ SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence, Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self- insurance and CITY. Governmental entities may provide proof of self-insurance, (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. (b) SUBRECIPIENT shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement I I. 75B-33 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form, automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that SU13RECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as self -certification of automobile insurance coverage. Governmental entities may provide proof of self- insurance. 3. Workers' Compensation, If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 or seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq„ SUBRECIPIENT shall obtain and keep in force during the term of this Agreement fall Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. 4. Equipment Coverage: SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement, Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of rite, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self- insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under taus Agreement until the required certificates and endorsements have been approved by CITY. XI. REVERSION OF ASSET A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG Rinds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG Rinds. [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,OOOA0 must either be: I. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of thrie as detennined to be appropriate by CITY; or 2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to CITY an aruount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG funds for acquisition of, or nnprovernent to, the property. Such payment is program income to CITY, C. Subject to the obligations set forth herein, title to equipment acquired tinder the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 12 75B-34 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 2 CFR 200.313(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assigmnent(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) fit and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of fiords to which. CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBR.ECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or IIUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XH. TERMIN&TIQN A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws govenning the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated it such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of fiends under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to b termhnated, however, if in the case of a partial 13 75B-35 termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the award was made, the CITY may terminate the award in its entirety. E. The grant of funds under this Agreement may be terminated due to the non-performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described hn Exhibits A and B or faike to meet the performance standards and program goals set forth therein. F. In the event this Agreement is tern -rated as set forth in subparagraphs XII.A. through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all fluids not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LEWTATIM OF FUNDS The United States of America, through FIUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, inay limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its umconnnitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CI'IY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes, If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to (to -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made. by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLiLSIVITY AND AMENDMENT OF AGRPGME This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any marmer whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. SAWS G()VERNINC THIS AGRI FYIFNT This Agreement shall be. governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 14 75B-36 1. SUBRECIPIENT trust submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT trust liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of imobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal govenunent in accordance with 2 CFR §§200.310- 200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVII. VALiDITYAND EVERABILITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid tinder applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVUL WAIV1gR No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 1 i KS4, 1F.YIITai,a lleS►i-D[ilif<l�iZ� a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indennrify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if Ailly set forth in the body of this Agreement. (Signatures on following page) 15 75B-37 IN WHNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below, ATTEST: NORMA MITRE Acting Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALIIO Caorney-J, By: ODGE Assis an City Attorney RECOMMENDED FOR APPROVAL: STEVEN MENDOZA Executive Director Corrununity Development Agency 16 75B-38 CITY OF SANTA ANA KRISTINE RIDGE City Manager 5UBRECIPIENT: NAME Title Tax ID:00-0000000 DUNS#: 000000000 City of Santa Ana CDDG Scope of Work Program Year 2019.20 (July 1, 2019 - June 30, 2020) Name of Organization Organization Name Name of Funded Program Program Name Annual Accomplishment Goal Schedule of Performance Unduplicated (estimated) Quarter 1: JUL 1 - SEP 30 Quarter 2: OCT 1 - DEC 31 Quarter 3: JAN 1 - MAR 31 Quarter 4: APR 1 -JUN 30 contract period. I I Low Income Participants 0% Estimated Invoicing IVRT-39 FISCAL YEAR 2019-2020 PROGRAM BUDGET Organization Name Organization Name Program Name Program Name EXPENDITURES Enter budget categories and projected expenditures for the proposed program: Category Expenditures Funded By Santa Ana CDBG Expenditures Funded By Other Sources Program Budget Total Organization Budget Administrative Staff Salaries $0 $0 Program Staff Salaries $0 $0 Contractual/ProfessionalServices $0 $0 o $0 $0 o $D $0 0 $0 $0 o $0 $0 0 $0 $0 0 $o $o 0 $0 $0 TOTAL Direct Costs $0 $0 $0 $0 Indirect Costs 10% $0 $0 TOTALBUDGET $0 $0 $0 $0 * indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs. PROGRAM RESOURCES LIST ALL OTHER PROGRAM RESOURCES FOR2019-2020 Funding Source Total must equal Program Budget Total listed above. FUNDING SOURCE AMOUNT Santa Ana CDBG TOTAL $ 1 2019.2020 CDBG BUDGET LINE ITEMS ADMINISTRATIVE STAFF Position Title Annual Salary CDBG Funds Requested Description PROGRAM STAFF Position Title Annual Salary CDBG Funds Requested Description CONTRACTUAL/PROFESSIONAL SERVICES Type of Service Contract Amount CDBG Funds Requested Description OTHER LINE ITEMS Line Item Program Amount CDBG Funds Requested Description Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance fiords is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Date EXHIBIT C Page 1 of 2 75B-42 INSTRUCTIONS FOR CERTIFICATIQN 1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide inunediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The teens 'covered transaction," "debarred," "suspended," 'ineligible," "lower tier covered transaction", "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance frmds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded fiom the covered transaction, unless it ]snows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List Q£Parties Excluded from Procurement or Non - Procurement Programs. B. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded fiom participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 75B-43 Certification Regarding Lobbying Certification for Contracts Grants, Loans and Cooperative Agreenetrts The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in confection with the awarding of any Federal contract, the malting of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any fluids other than Federal appropriated finds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Forth to Report Lobbying," in accordance with its instructions, (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee/Comaotor Organization Program Tithe Dame of Certifying Officer Signature Date EXI3IBIT D Page I of 2 75B-44 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Pail 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C, Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects ftmded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S enviromnental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 75B-45 Certification Regarding Drug -Free Workplace Regulrements The certification set out below is a material representation upon which reliance Is placed by the U.S. Department of Housing and Urban Development in awarding the grant, If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; , (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (a) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT E Page 1 of 3 75B-46 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). S. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if It is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Organization Authorized Signature Date EXHIBIT E Page 2 of 3 75B-47 PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Date: The Contractor shall insert in the space provided below the slte(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT E Page 3 of 3 75B-48 EXHIBIT 5 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NONPROFIT ORGANIZATION NAME FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is hereby made arid entered into this 1 st day of July, 2019, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("CiTY"), and Nonprofit Organization Name, a California nonprofit corporation ("SUBRECIPIENT"). RECITALS: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program, Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Number (FAIN) B-19-MC-06-0508 , desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG finds in accordance with Title 24, Pant 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"). B. CITY has applied for and received CDBG finds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amcnded ("ACT"). C. The SU13RECIPIENT is a private nonprofit corporation that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance. measurements and outcomes as indicated an Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the fallowing terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I, SUBRECIPIENT'S OBLIGATIONS A. Nonprofit Status - Representations and Waraa (a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the firiding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience, SUBRECIPIENT is a qualified provider of the services to be provided hereunder. 75B-49 (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach tinder any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding, (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance tinder this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SU13RECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant/Tenn and Quarterly Disbursement. The amount granted to SUBRECIPJENT is $00,000 ("CDBG FUNDS"), for the term of July 1, 2019 through June 30, 2020 for the program named: XXXX Such funds shall be expended by SUBRECIPIENT on or before June 30, 2020, The Tenn of this Agreement may be extended by a writing executed by the City Manager, or his or her designee, and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECII'IENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 0 of the applicable funding year, as hereinafter more frilly set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not litnited to, obligations with respect to indonmifrcation, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent flints at the end of the program year. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT, C. [lse of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPMNT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated hereht. SUBRECIPIENTS failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. 75B-50 D. Allowable Costs SUBRECIPIENT agrees to complete said program on or before June 30, 2020, and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as the total budget amount does not increase. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR §200,414(b) Indirect (F&A) costs. For this agreement, the de rninimis indirect cost rate of 10% will apply. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and pemnitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPMNC shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant Raiding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All finds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of C:l)BG FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed. 1. Record Kee in Renggng. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for 75B-51 the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documcntation of the number of persons and/or 'families participating in or benefiting by the SUBRECIPIENT program. c. household information shall include number of persons, identification of head of household, race/ethnicity, and income verification of all household members ages 18 and over. d. Documentation of all CDBG FUNDS received from CITY, e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CrI'Y shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports a. Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice/request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timeshects, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. b, Quarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income linuts, the number of female heads of households assisted, new program information and year-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. &cess to Records. CITY and the United States Government and their representatives or auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and perforatrance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and their representatives or auditors shall also schedule on -site monitoring at their discretion, Monitoring activities may also include, but are not limited 75B-52 to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as intended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit gray awardto any party which is dcbarred or suspended or is otherwise excluded.from or ineligible for participation in Federal assistance programs tinder Executive Order 12549, "Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be ht good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be. reported immediately to CITY. N. Confidentiality. 'Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SU13RECIIIIENT shall submit to CITY and or I4UD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. IndMendent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contraetor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in 75B-53 fraudulent activity to obtain and/or justify expenditure of the CDBG Rinds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non -expendable personal property acquired under the terns of this Agreement. Said record shall be made available to CITY upon request. The tern "non -expandable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use fiords provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses, S. oL bbvine. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated fiords may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement. and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sigh a certification to that effect. in a fora as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terns and conditions of this Agreement. If any fiords other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence in officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and subnut a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D). SUBRECIPIENT shall require that the language of ties certification be included in the award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial Interest, SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terns of this Agreement, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRRECIPIENT. U. Labor• Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the perfornance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti-I{ick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage 75B-54 requirements of this part. Such documentation shall be made available to the CITY for review upon request. SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SU13RECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. V. Section 3 of the housing and Urban Development Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low -and moderate -income persons residing within the commiunity where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SU13RECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women. W. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements, Cost Principles. and Audit Requirements for Federal Awards. The following requirements and standards roust be complied with: 2 CFR Part 200 et al. SU13RECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. Y. Suboart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. Z. Women- and Minority -Owned Businesses &4 IV�3EJ SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African -Americans, Spanish-speaking, Spanish surnamed or Spanish - heritage Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written 7 75B-55 representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. H. CITY'S OBLIGATIONS A. Payment of Rinds. On July 1, 2019, the CITY was allocated $5,701,154 for fiscal year 2019- 2020 from the United States Department of blousing and Urban Development ("HUD') Community Development Block Giant (" CDB(T) Entitlement Program. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received a sum not to exceed Dollars ($00,000) for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the period of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of invoices/reimbursement requests. CITY shall pay such invoices/reimbursement requests within thirty (30) clays after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and repotting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and repotting has been received and approved by CITY. Documentation may include, but is not limited to true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. B. Audit of Agcount. CI"IY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule; Pursuant to 2 CFR 200.328(a), the CITY manages the day -today operations of each giant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate, Substandard performance as determined by the CITY will constitute. non-compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory mariner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being 75B-56 notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. FLO A. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin, Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be derded the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. C. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for tinder Section 109 of the ITousing and Community Development Act of 1974, as amended. D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. E. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of; or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. IV. CONFLICT OF INTE RUST Pursuant to the conflict of interest requirements set forth in 24 CPR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed hr writing prior to the execution of this Agreement and said writing shall be attached an([ deemed hilly incorporated as a part hereof. Notice shall be sent by SUBRECIPIENIT to CITY regarding any changes or modifications to its board of directors and list of officers. 75B-57 V. SPECIAL CERTIFICATION FOR RELIGIOUS ENT[TIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPMNT agrees to provide raider the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C, SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct ally religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG finds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terns only an incidental• portion of the CDBG expenditure for rendering the services tinder said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to lure or permit the luring of any person to fill a position fiunded through this Agreement if a member of that persons immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the tern "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepcluld. The tern "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. QN TICES Notices to the parties shall, unless otherwise retluested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 10 75B-58 TO SUBRECIPIENT: Organization Contact Address Line I Address Linen Address Line 3 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall temminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD j3,AIt1bII..ESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, Subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE 1. C rmeacial Gemaral Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive coimnercial .public liability insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and. volunteers, additional insured; and state that such coverage is primary to any other coverage or self- insurance and CITY. Governmental entities may provide proof of self-insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. (b) SUBRECIPIENT shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 clays prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement 11 75B-59 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as self -certification of automobile insurance coverage. Governmental entities may provide proof of self- insurance. 3. Workers' Compe imtiou. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the tern of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or darnage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self- insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments trader this Agreement until the required certificates and endorsements have been approved by CITY. X1. IZEyERS ON OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG fiends on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG fluids in excess of $25,000.00 must either be: I. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570,208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph I above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG fiends for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terns of tills Agreement will vest upon acquisition in SUBRECII'iENT, When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 12 75B-60 I. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 2 CFR 200.313(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge acid deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assigament(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program fiords or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS " and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and I4W. XI3. 'd'E RNUNATION A. This Agreement may be temunated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to rchnbursernent for approved expenses incurred up to the effective date of suspension or temunation. C. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and tennination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of farther liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the trailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory mamrer, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to b terminated, however, if in the case of a partial 13 75B-61 termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the award was made, the CITY may terminate the award in its entirety. E. The grant of funds under this Agreement may be tormhnated due to the non-performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and 13 or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs M.A. through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSFTS" of this Agreement. XM. LI MTATION OF FUN;nS The United States of America, through FIUD, may in the future place prognamnatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where I M has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (3) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. CLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVURNING THIS AGRiWEMTNT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. CLOSE»OUT 14 75B-62 The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3, SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR §§200.310- 200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVH. VALIDITY AND SEVERAB&IT. y The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid tinder applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVM. WAIVER No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. XLY. MISCELLANEOUS PItOVIHM a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the temis of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 15 75B-63 b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if My set forth in the body of this Agreement. (Signatures on,followingpage) 16 75B-64 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO RECOMMENDED FOR APPROVAL: STEVEN M[ENDOZA Executive Director Conanmuty Development Agency 17 CITY OF SANTA ANA ICRISTINE RIDGE City Manager SUBRECIPIENT: NAME Title Tax ID:00-0000000 DUNS #: 000000000 75B-65 City of Santa Ana CDBG Scope of Work Program Year 2019-20 (July 1, 2019 - June 30, 2020) Name of Organization Organization Name Nam of Funded Program Program Name Annual Accomplishment Goat be Schedule of Performance Unduplicated (estimated) Participants Quarter 1: JUL 1 - SEP 30 Quarter 2: OCT 1 - DEC 31 Quarter 3: JAN 1 - MAR 31 Quarter 4: APR 1 - JUN 30 0 the 12-month contract Period. 0% W Ineome Participants 0% Estimated Invoicing :T. FISCAL YEAR 2019-2020 PROGRAM BUDGET Organization Name Organization Name Program Name Program Name EXPENDITURES Enter budget categories and projected expenditures for the proposed program: Category Expenditures Funded By Santa Ana CDBG Expenditures Funded By Other Sources Program Budget Total Organization Budget Administrative Staff Salaries $0 $0 Program Staff Salaries $0 $0 Contractual/Professional Services _.� $0 $0 0 $0 $d o $0 $0 0 $0 $0 0 $0 $0 - 0 $0 $o o $0 $0 0 $0 $0 TOTAL Direct Costs $0 $0 $0 $0 Indirect Costs 10% $0 $0 TOTAL BUDGET $0 $0 $0 $0 * Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs, PROGRAM RESOURCES LIST ALL OTHER PROGRAM RESOURCES FOR 2019-2020 Funding Source Total FUNDING Ana CDBG - ;. 2019-2020 CDBG BUDGET LINE ITEMS ADMINISTRATIVE STAFF Position Title Annual Salary CDBG Funds Requested Description PROGRAM STAFF Position Title Annual Salary CDBG Funds Requested Description CONTRACTUAL/PROFESSIONAL SERVICES Type of Service Contract Amount CDBG Funds Requested Description OTHER LINE ITEMS Line Item Program Amount CDBG Funds Requested Description 719848 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance finds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance fiords is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date EXHIBIT C Page 1 of 2 75B-69 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance fimds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govermnent, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "prhnary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance fiends agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, sinless authorized by the DOL. 6. The prospective recipient of federal assistance finds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Pities Excluded from Procurement or Non - Procurement Programs, 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of aparticipant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 75B-70 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreement The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or oil behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of ibis certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for cacti such failure. Grantee/Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT D Page I of 2 75B-71 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds.shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S envhomnental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372, EXHIBIT D Page 2 of 2 75B-72 Certification Regarding Drucl-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CEi7YIFiCATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited In the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to Inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that maybe imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring In the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT E Page 1 of 3 75B-73 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached 'Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S, Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised 'Place of Performance" form. Organization Authorized Signature Date EXHIBIT E Page 2 of 3 75B-74 11 ♦ • • I. .mot . N Ll { 1 y. Name: Date: The Contractor shall Insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT E Page 3 of 3 75B-75 75B-76 EXHIBIT 6 Memorandum of Understanding (MOU) between SUBItECIPIENT and The City of Santa Ana W101RIK Center 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are Subrecipient name ("Subrecipient") and the City of Santa Ana W/O/R/K Center ("Work Center"). 2. PURPOSE: The Work Center, in conjunction with Subrecipient, endeavors to establish a cooperative working relationship between the parties in order to provide program beneficiaries with information about Work Center opportunities to find better jobs and careers, The MOU serves to establish the framework for providing services to employees, job seekers and others needing workforce services. The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the Work Center and be assisted with the tools and knowledge necessary to enter the workforce or obtain a higher - paying job. 3. RESPONSIBILITIES: A) The Work Center shall perform the following: 1) Accept referrals to the Work Center. B) Subrecipient shall perform the following: 1) Provide Work Center information to participants and their families; and, 2) Refer participants in need of employment, training, or career counseling to the Work Center utilizing the referral form attached hereto as Attachment I and incorporated herein by reference. 4. DURATION: This MOU shall commence on July 1, 2019, and shall remain in effect through June 30, 2020. 5. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other party. Amendments to this MOU shall require the approval of the City Manager, or her/his designee ("City Manager"), on behalf of the Work Center. b. CONFIDENTIALITY: If Subrecipient receives information, which due to the nature of such infonmation is reasonably understood to be confidential and/or proprietary, such information shall not be used or disclosed except in the performance of this MOU, and Subrecipient agrees to exercise the same degree of care it uses to protect its own infonmation of like importance, but in no event less than reasonable care. "Confidential Information" shall include all non-public information. Confidential information includes not only written 75B-77 information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this MOU. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of Subrecipient disclosed in a publicly available source; (c) is in rightful possession of Subrecipient without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by Subrecipient without reference to information disclosed by the City of Santa Ana. 7. ACCESSABILITY: Subrecipient will assure that its services and premises are accessible to persons with disabilities pursuant to the requirements of the Americans with Disabilities Act, 8. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU. 9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both panties. If the City Manager's resolution efforts fail, any party may file a grievance with the City Manager for review and heating. The parties agree to be bound by the final determination resulting fitom that procedure. Each party to bear its own costs associated with any grievance procedures. 10. DISCRIMINATION: Subrecipient shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Subrecipient affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 11. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 12. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in Orange County, California, 13. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. 75B-78 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTE, ST: CITY OF SANTA ANA NORMA MITRE KRISTINE RIDGE Acting Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALH0 City Agomeg Attorney RECOMMENDED FOR APPROVAL: SUBRECIPIENT: STEVEN MENDOZA NAME Executive Director Title Community Development Agency Tax ID: 00-0000000 DUNS #: 000000000 CARLOS DE LA RIVA CENTER DIRECTOR Santa Ana WORK Center 17 75B-79 fix., 5ANTA ANA �,WO�RK CENTER Referral Form Whether you are looking for A JOB or to LEARN A NEW SKILL, the WORK Center can help! • Find a Job • Upgrade Skills • Get Career Counseling • Access to Community Services Attend the My Next Move Workshop and connect with us! Workshops take place on Tuesdays at 9:30AM to 10:30AM (English) and 2:OOPM to 3:OOPM (Spanish). Name: Referring Organization: Workshop Date: Time: Santa Ana WORK Center ♦ 801 West Civic Center, Santa Ana, CA 92701 714-565-2600 ATTACHMENT 75B-80 REQUEST, FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: PUBLIC HEARING - APPROVE THE FISCAL YEAR 2019 - 2020 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS PROGRAM, AND EMERGENCY SOLUTIONS GRANTS PROGRAM; AND AUTHORIZE SUBMISSION TO HOUSING AND URBAN DEVELOPMENT (STRATEGIC PLAN NO. 5, 1) c —CITY OANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the Fiscal Year 2019 - 2020 Annual Action Plan. Authorize the submission of the Fiscal Year 2019 - 2020 Annual Action Plan to the United States Department of Housing and Urban Development and designate the Community Development Agency Executive Director as the Certifying Official authorized to execute all documents related to the administration, management and implementation of the CDBG, HOME and ESG Programs. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At a Regular Meeting on March 27, 2019, the Community Redevelopment and Housing Commission (CRHC) recommended that the City Council approve the FY 2019-20 Annual Action Plan and authorize submission of the FY 2019-20 Annual Action Plan to the United States Department of Housing and Urban Development by a vote of 9:0. DISCUSSION Each year, the City of Santa Ana receives funding from various formula grant allocation programs administered by the United States Department of Housing and Urban Development (HUD). These federal grant funds provide valuable services to the community for affordable and supportive housing, community development, public services, and economic development. The programs 75C-1 75C-2 Fiscal Year 2019 - 2020 Annual Action Plan June 4, 2019 Page 2 include the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grants Program (ESG). Every five years, the City must submit to HUD its Five -Year Consolidated Plan, a five-year comprehensive planning document and application for all of these programs. It describes our strategies to meet the needs of the community and identifies resources and programs that can be used to address them. In May of 2015, the Five -Year Consolidated Plan for the period of July 1, 2015 to June 30, 2020 was submitted to HUD. As part of this planning process, the City is required to submit an Annual Action Plan to achieve the goals in the Five -Year Consolidated Plan. This document establishes a one-year investment plan that outlines the intended use of resources in the forthcoming fiscal year. The proposed Annual Action Plan covers FY 2019-20 and seeks to allocate funding in neighborhoods where programs and resources will have the maximum impact. During FY 2019-20, the City anticipates receiving the following formula grant allocations: Program Allocation CDBG $5,701,154 HOME $1,704,254 ESG $493,582 TOTAL $7,898,990 The programs covered under the Consolidated and Annual Action Plans are intended to serve low-income residents. These programs allow for funds to be used for the development of affordable housing, street improvements, park and public facilities improvements, economic development, code enforcement, public services, the expansion and retention of businesses, and for the delivery of services for individuals experiencing homelessness. The proposed Annual Action Plan for the CDBG and ESG Programs includes funding for community based organizations and the details for those recommendations is included in two separate staff reports. The proposed Annual Action Plan for the HOME program is described in this staff report. The HOME program provides funding to implement local housing strategies designed to increase homeownership and affordable housing opportunities for low and very low-income households. Proposed activities include site acquisition, site improvements, new construction and rehabilitation of existing multi -family properties for the purpose of developing affordable housing for low, very low and extremely low-income households in the City of Santa Ana. Available funds will be included in a Request for Proposals for Affordable Housing Development per the City's adopted Affordable Housing Funds Policies and Procedures. The federal regulations for HUD require that the draft Annual Action Plan be made available for a 30-day public review and comment period. On March 11, 2019, a public notice was published in the Orange County Register that the draft Annual Action Plan was available for review beginning March 27, 2019, and that a public hearing would be held on March 27, 2019. It was also noticed in La Opinion in Spanish and Nguoi Viet in Vietnamese. The 30-day public comment period 75C-3 75C-4 Fiscal Year 2019 - 2020 Annual Action Plan June 4, 2019 Page 3 concluded on April 27, 2019. All comments received, including all funding recommendations made by the Community Redevelopment and Housing Commission and City Council, will be included in the final document. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Steven A. Mendoza Executive Director Community Development Agency Exhibit: 1. FY 2019-20 Annual Action Plan 75C-5 75C-6 EXHIBIT 1 CITY OF SANTA ANA JULY 19 2019 - JUNE 309 2020 ANNUAL ACTION 75C-7 Table of Contents AP-05 Executive Summary .......................................................................... Page 1 PR-05 Lead & Responsible Agencies.......................................................... Page 5 AP-10 Consultation...................................................................................... Page 6 AP-12 Participation...................................................................................... Page 10 AP-15 Expected Resources......................................................................... Page 14 AP-20Annual Goals and Objectives............................................................ Page 19 AP-35 Projects Introduction......................................................................... Page 23 AP-38 Projects Summary ............................................................................. Page 25 AP-50 Geographic Distribution..................................................................... Page 35 AP-55 Affordable Housing............................................................................ Page 37 AP-60 Public Housing.................................................................................. Page 40 AP-65 Homeless and Other Special Needs Activities .................................. Page 41 AP-75 Barriers to Affordable Housing.......................................................... Page 45 AP-85 Other Actions .................................................................................... Page 47 AP-90 Program Speck Requirements........................................................ Page 51 Attachments Public Notices 75C-8 Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The Annual Plan outlines housing, community and economic and projects that will be undertaken by the City of Santa Ana the U.S. Department of Housing and Urban Development (l-t receives an annual share of federal CommunityDevelo ed R�eral 4� (ESG) and HOME Program funds. In order to receive t ie n <.MW ent needs, priorities, strategies, unds that the City receives from entitlement jurisdiction, the City f�t (CDBG,) Emergency Solutions CI'( must submit a Consolidated Plan to HUD every five years and ar Alt ntihl Action Plan every ye`ir The funds are Intended to provide low- to moderate -income households fflft'affordable housing, a he�j' and safe living ffial environment, and expanded economic opportunities.'E►%ble accttiv"igs include c m %pity facilities and i t�e'�. improvements, housing rehabilitation j321- reservation @ ilnt activities, publiCs4rvices, economic development, planning, and "ra „administratio a ', 2. Summarize This could be a restatemdgt>bf,items location It a amp contain a�Q;sE housing mar ev'a1iratvsls or the The City-M- anta Ana's missro' g W. x with our corrrkynity which ens ; for our youth, and igh quality The Strategic Plan propOs I s stra1 address community priortyXngex a series of City goals including.-. • Community Safety Plan table listen isewhere:in the plan or a reference to -another C?[tns from�h ;housing and homeless needs assessment, the 6ftaasserts, "To deliver efficient public services in partnership eft blic's 1$sy, a prosperous economic environment, opportunities for residents." and programs that focus on Santa Ana's mission statement, i also HUD's statutory goals. Related to this mission statement are • Youth, Education, Recreation • Economic Development • City Financial Stability • Community Health, Livability, Engagement and Sustainability • Community Facilities and Infrastructure Annual Action Plan 2019 1 OMB Control No: 2506-0117 (exp. 06/30/2019) 7 5 C —9 • Team Santa Ana The City has various needs. The principle needs are: 1) affordable housing through production, rehabilitation/repair, and financial assistance; 2) public improvements to improve neighborhoods; 3) housing for persons with special needs; 4) assistance for individuals experiencing homelessness, including housing, services and homelessness prevention; 5) community and public services especially for youth, the elderly, homeless, and persons with disabilities; 6) economic development and anti- poverty programs focused primarily upon job training and career preparation; 7) public facility and infrastructure improvements centered upon accessibility improvements; and 8) code enforcement. The strategies described herein establish Santa Ana's priorite5 fossisting low- to moderate -income families and neighborhoods with funds made available thrpGJfi'#hel`Qpsolidated Plan. The affordable housingand development needs of a community sin ij�a tl outweifi'e resources available to P Y g,_g V ia;. address those needs. Therefore, it is necessary top.( he the use of ava ll je funds to the highest and best use to meet the most pressing needs for affo ij hle housing, individual tencing homelessness, persons with special needs, and oveM17(ommunity evelopment _ The priorities were selected based on 0Consolidated Plan/Annual Plan, following: assessment, and housing market analysis. that are based on past perf, jmance and t projects that clearly de griSfrafeg" through the Consolidt '!Xlan/AnnV9l•p13 R.- The majority of CDBG activrtleS4ase CDBG furjrYs grptibT�l S7rvices, ough a benefi%;'JoCv= and moddrater j commie jLl ll through a:f rmal applicatioripocess.7le requiremenfscN he program w5i h provii $?t d 3. Evaluation of past perf"anc armation summarized in the n process, consultations, the needs rieetthe highest priority needs jSZffith similar programs. only )rities below will receive funding ity and need. All organizations requesting process, must demonstrate that the activity r&,'Aqorganizations requesting ESG funds also applied each judged on their ability to carry out the to homeless individuals and families. This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The City has used the resources provided by HUD to the best of its ability and has been successful in meeting HUD's objectives over the preceding years. Components of the City's system of care carried out during the report period included outreach, supportive services, homelessness prevention, emergency shelter, transitional housing, and access to Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 75C-10 permanent housing. The needs of individuals experiencing homelessness with special needs (e.g., victims of domestic violence, Veteran's, and chronic homeless) were also addressed by the County's CoC system. These program efforts helped address priority needs Identified in the City's Annual Plan. Various programs, including the Workforce Innovation and Opportunity Act resources, addressed employment training and job placement needs. The State designated Enterprise Zone and the City's business attraction and retention programs also provided economic opportunities to residents. In order to meet the changing needs of the community, the City su facility improvement projects. Public services for lower income ydi households by providing services such as recreation and nutrj, . The City recognizes that the City's annual entitlement all of its needs and therefore seeks to maximize co organizations to make the best use of these limit resources is critical to achieving the City's goals. The t can match the City's investment of CDBHOME, and additional funds are sought to ensure Efia%pre affor activities are available for those in need 4. Summary Summaryfrom citizen of i public services and public seniors help stabilize are not sufficient to meet �:. on and coopers Co�among agencies and Also, the City recda 'zes that leveraging Dntinuesi o cultivate fk!nIing partners who k�4 ., %gogr 'fonds. The need3 ehlains great, and t Oi it g and important pro 'Eams and process The Cit t Ibys divers fethode d encourage alngpjnrparticipation from residents, community Izw service'jidy1ders, and exlstiq'-Yand potential community development partners. The participation F x process for¢ Annual Plan intruded pu I., otices; a 30-day public comment period; public hearings; and consultation.with non-prodip- %,jty staff aitd housing providers. The draft report wadplished online and hard copies were available for public review. The 2019 Action Plan went before the City t dunclT�iiffinal approval. b is 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. Annual Action Plan 2019 W OMB Control No: 250&0117 (exp. 06/3012018) 75C-11 The City was prepared to receive all comments that were offered and to integrate them in the Annual Action Plan. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments received were accepted. Annual Action Plan 2019 f3 OMB Control No: 2506-0117 (exp.06/30/2018) 75C-12 73 ,4 cn I ho Qj m M 0 cu cl: ca Ln 0 Ck CL r w E (U E w E 0) E t 0. 0 0. 0 CL 0 m CL Q Z, Ei 3 E E z z z z z < < a2 o t9 E 'a E o c u 29 m 0 N u ti u N LA Ln 0 75C-1 3 AP-10 Consultation — 91.100, 91.200(b), 91.215(I) 1. Introduction The United States Department of Housing and Urban Development (HUD) now requires that entitlement jurisdictions submit the Annual Action Plan and the Five -Year Consolidated Plan through the Integrated Disbursement and Information System (IDIS). The IDIS template contains relevant section and a series of questions to complete the plan. The City of Santa Ana's 2019-2020 Annual Action Plan was developed using the IRIS template and in accordance with statutory addition, the City consulted with residents, non-profit orl Continuum of Care in preparing this Annual Action Plan. Provide a concise summary of the jurisdic public and assisted housing providers and and service agencies (91.215(I))a. The City of Santa Ana has its own Housing' Authority and City staff sit on various comri including the Orange Coup >y o tilauum of Committee, the Regional PhIA C011 Q rath/E Leadership Council. Md' U x`is also Association of Nonprofit ng; Officials. The,- l ESG funded=Ho T�zE... worhdYi- ailfiltli'f e'bran¢eCounty Describe coordi(i'ation with ua`p homeless persons'2(pparYicul children, veterans, an#dria 2-1-1 Orange County is the on ational Ith Ca and federal regulations. In blic housing agencies, and the to enhance coordination between i'erhtnental hea°lfli'bmental health irks &t ]aborativelyon all programs. Housing M with otfi�t'Ipcal cities and providers h CoC Na ising Opportunities ss, ab, the United to End Homelessness , r, ty Commission, Southern California :ion of Housing and Redevelopment HEART) is comprised of SAPD officers who �fer individuals to mental health services. um of Care and efforts to address the needs of Ily homeless individuals and families, families with youth) and persons at risk of homelessness. lead with the Coordinated Entry System as well as the Homeless Management Information System (HMIS). Each sub -recipient that the City funds is required to participate in this system. With the establishment of the Coordinated Entry System, organizations are required to lower their barriers to entry and adopt a Housing First model. The Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT) is used to help in the placement of housing. City staff are active on several of the Continuum's sub -committees and the Continuum of Care'sgoverning board. Annual Action Plan 2019 OMB Control No: 2506-0117 (eKp. 06/30/2018) 75C-14 Describe consultation with the Continuum(s) of Care that serves the Jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Since 1998, the County of Orange has managed a comprehensive, coordinated, and a regional Continuum of Care (CoQ strategy that includes participation of all,3 ties In the County, including homeless housingand service providers, community groups, fait=��tt'sed groups, interested business P tY g P ,.a g P, leaders, schools, and other stakeholders to identify the gallKpet needs of the individuals in the County experiencing homelessness. Needs and prioritiefo e indlu uaalls in the County experiencing homelessness continue to be identified through the,,,. 33ystem of care. staff participate on several sub -committees within the Continuum of Care and,i`dinates on a variety Eof roJects. Additionally, the Orange County ESG grantees (County of Orange,�J' ty of Anahe m, f G nGrove, and the City of Santa Ana) have developed the Orange County ESG' .q.IJaboras(a@�s a unified teach to requesting, M, x. a reviewing and funding ESG subrecipie , ; This collaborative ?a�h has streamlined i'a application and review process and allowed granteter underst ' Tm e impacts of funding decisions. Future Collaborative efforts will include unified M ice'andsmDnitoringfp1s and other actions to better serve x n our families who are experiencing or are at of ho ei 5sness. sz 2. Describe Agencle gLoups anitation and others who participated in the process and describe the ju isdictlo°} o sfl�ft"ns wlt h using,social service agencies and other Annual Action Plan 2019 7 OMB Control No: 2506-0117 (exp. 06/30/2018) 75C-15 a Y u a c ;u u c w a v C C aJ m " w 0 a a L C k ° > c v mQ 'aE a N O a y 0> � O m = Y y CL c m .c m W c a E v Q C > > i w Vn Q E 'eE O j L m z Y C Y ,., C C O CJ, Q (>>> T ia' •_ :I-m U cyy`3 y C •` y'c�., ?j' •�.h--� � y V fO .' Vim- Y� L O .i V •c W��;Ny}>'�dJ Ow. y y.t_;=a}c z V1 Z (v W o C"trG.'ay4'1+. c a a'-y.Vl yS'`3N"�in vyi vyiy Q t Y y�'4cT`` C '^ C Q O O O Ca GO Ua aJ alje'N' "t'O 4J OSO 0 0 0 u 0 x vi a cv _'' -,aa�* Al r S. w ,�» C mN�m C >, •� , f" � C •�- c O C O N m aJ �-' all Y wo N N A N a7 .E S y as (��a To I r 0 t f L a c 3 O Oal y y 7 C u=i C d d y t Cco u O N y ti y co 75C-16 F c m `a 0 75C-17 u 0 O N c-1 01 0 O r4 M C O a+ ra C. �u a N a -I cL al V4 d L H 'O O W a Y c Q) E E 0 u a a w cm Y c c N a m v v E d v 3 N N .4 3 u O ti r 75C-18 u d s IL m c d E v d c O o• o u a m o c g E c m E Al h w O E y tn Z • ai'•�j '.�� "ji'< AN u R.\�.L', him •': . �0 ,•;,, a_ _.'1 mARn- 7 CL u E a use lu £[ G t N = Y to O3 O LU C CC w i+ t0 L N H y�7Ci'.�1 00 m 0 W Y o m u 'c c_ C w m m c ao E?-v �•�f�a f: :+ O C Oaj m O 2 ypo u a d v 0 0 O CA N 75C-19 xSUP 1 m C N A= N 'mpy' N« C m 3 m$ 8 o °y u Y v c w v O v o >, h o .o y° o a o E a m E `o ,o y °' y c V v �'r^ Y o a c v m w s c 4'= o7f w a 'SQ�u Cv-,� c, N cE o o «o3 E °' �acwatAWNc +m�- o Y� « 2v �� i q, ''•S ^ve j-�1 NUI AT v'I'dMW u W ��, '"S• CuT�'T �"� O. W m N �'"�''C CD 00 C e✓' a�� C 'L W c_ c a°i z m 'c 12 O O. Ou Z to O N �. Z * ➢ n' Sbq, a. rb tv CL m A a to 3 v z N N rl 75C-20 c a E v v c Y q N d N u u O u C Ec 10 E 0 H v a y 2, a a r E E ,�,� c` E _ Ln E a u tm u C d 0 0 m 75C-21 w G. W V u N N ei 01 0) L 3 N d X N W Ill 3 a el C u *' CL 0 O V 00 o F G N O u •p CO m o c ❑ a = u c ° a 33LU °. ao v. 6 •E �i m w two ' n u = o ¢L m x = w 4° E v .- a •° m m m a E h by H E m C -p m N J OL tCb L W ( O C C z y D_ O t m Q E m E •3 p CL 4`0_ o > _ _ 2 c Z v> o a o v N as+ v V�1 C V�1 7 O E w C v m O E v �s LD iS NLO w r rl F m m Cam I, m a ct Ln �E Ln li G o caE E b2 N .= G C O$S�.O.a �- u ° u E Q Q a w o x a a w i aj aj co co 0 a` u ti 75C-22 N bB C o� Y i+ N 46 p o L CL L C O v o v N= .a O V .L m N_ c C a,o a Y M O y Q 0 O m F 0 O O -O E Z 3 Cc E °c o W u a W U = N Oa .01c F-o y r 2 o E " o « W 3 m ym c,ov— z o is N V1 Mv r Alt CO ¢ a mtl cc egg„ � C Q rl t. C a }. Ln N a� yam.. C N 9 � n LL c d ycu? c 3 0> v m u_. C R.2 ` V C 0 7 c R Q= E N E 2 5a ° •• ;� 3 cc .c c c i u Z m .o Fm- N O I m O ? N C CL N E � w oO a , ARM N 75C-23 ° ho 0 C u a aci 0 a o ^ a v x w u N Q aj m _ •L N U ,gyp•' w m Z E N O N L gap 9 W C p — n E > Q) co Ln L N CG4 <- 5•e+ O Yis o ho ka C N.r W ; .2 Ti � i g>fc49k o 'Ob ¢c a s# � N v L V F C O N r .0 = Y r. C O L C N O h N Y L W .Nv� C I O N ` i0 O pp t0 C CD N C a N O W C U T L m N = C c c 0 m •0 m S c .N 2 c c c o K U Y L I.L Q O CC .L. ry N L W r u 0 ° LL o o. y w E o C7 a w N 7 t p Y N o o ° > C O O N B7 N 3 OL 4 Y a CL U N w L C _ pi GA C N O Y v C y L m E a m s > o C = w L O C = ° o. °o u N c m L v Np E a M £ 0 C w E O _ m u0 oD C L to C u 01C p M v o w E N c a c ^ m m u A m m v C N C ° E N d > CL o rLo — L O N �," E GI p, N a# L 0 ° C (U w ,a V U O N x G L y 71 Ly?�;?.p N •3 W ° O gA'G:F b'ti. . tlx i -8. ° O C O utc- v v ' "x b. c a) y G N A 0 ci a s+;s t c m L L to c:p 4i GJ t..''.'...` N ybn V� `Y rciii�, 3 U v > W r z 0 N W o = E m m E •L• ,°,, c7 'u '� v 0 o U µ 00 O C ' 3 d o 0 y a T p u 'm V U 1Yii L Q u % uw mL E I- > w > c 0 I° w 75C-24 r r 75C-25 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City's Housing Authority owns four parcels previously held by the former Redevelopment Agency, In FY 2018-2019, the Housing Authority issued an RFP for the development of affordable housing on these four parcels. Through that RFP process, both CDBG and HOME Program funds were committed to two affordable housing projects by the City for the development of affordable housing on this publicly - owned property. The City also acquired two properties with CDBG funding in FY 7,qW 016 that will be developed for two 3 new parks. One of these parks is anticipated to use a State o pia Housing Related Parks program .' grant and be completed in FY 2019-2020.i. Annual Action Plan 2019 W OMB Control No: 2506-0117 (exp. 06/30/2018) 75C-26 2 C 0 m E O ro E E 0 V1 N 0 w a g C v E o C d O U W 0' N �i 00 C i.! E .O K N v� Q N t H N Oy m N 'ti .N N �' Y N C C O y O C Ol O) CO ¢ 0 uNi L¢ 'E m N y L O 00 N ma t1 o o on E v v v > u? O N 0 C S 2 0 2 2 F� m a a` O a o a ro m 00 W h m N 0rl C LL V} o E LP o _ N L n. N _U 3 'a N W a) U) Z Eu Ab e m � Ah NO L1 CL AQfi'4a' Ol u M Awlil w x r -, r - @. '�_ m _ �� v '� E N mow;. o z o = a ar E e =<� m E o - x 2 E c.rwgcx•E > 00, cv w Ol O > a\,ate L N No Ln « w cq NM�II3-'2 E A Z aj m ¢ Z w Ln d u o x a ry V O ^o` r1 N 75C-27 w N e-I •O N E L r y N L L t Y Y p O N N w m O Y O 5 7 O N H y ci N w w m C C C C co O ca O O ca n co mw m Wrc' co 00 m ONl p N O o m OU ^ uLD U aa, O 000 2 0 O m i/} +/} r, al rl l0 lL rn N w Y V ac v E v E ., M E = ii '� vi O � C tlo C O y 7 L p O �L° > o o Q c O aE w> 2 y O c Z L L c v1 a c a N U Y O Fyb W W O ° 41 C U Z u O a "u .a o f o Q E n O o o O U U 10 m �p .�.. i. UCL °p p3 ° 2�h` �r c0c S, o c E:n�a'?€:A• CL Y t4 N c E> 0 o m c E> o o w v`N��x c E> o o w o o o E ;,`zx .f��,�.'ss v �a c,.o � ° zuo zuo zuo ax L 01 01 at Ol 5�"3:. �•+,_.'�.'�;Tri <l ;O1 W N N N N N+Ri�.ia:af��' t• L m 1.f) 111 to V1 4V_ rUa ✓� S rx d'. f; N ci O f-i O e-I O ei N 0 N .Ni O N IA Y Z: !"F y bD to m ° E c ° Z � L• a>i 0 x w L o Y ° m Y w a u w Q Ln U Q Q O � N p � A IA t0 P 00 1 O N 75C-28 u C � ° E = E °Lao m o a E to R a L Y On O U U O cc 2s CO a c z w c R E C h ° O E y C c c R N L > V c > m w E y cy� v1 VI y Y ` E °u a A3 '� o C CO a m. v c °+ c T c m 1 E 42 ?Qj 07 H m N >£ �� t.i i W sue)n. / "'r Q i 10� \'y �Y �(U CL W 00 Y O R{+ N H x ti t9ANN.", �i 2 4) U - N p arr v a C w O U C 1R to N a) N_ R 7 9 O E R 7 a N '+ E �`"u� fi k c m 11. m T 7 w O _ s t a r 9 .0 a a �t`*P',� H lu zi H>> V Z C O U in ass 'NO bpi o �r:ilce O N V O in N C G L w •a U 1:Yu.M .6` F a p C f'C r w C w O u U O U '- C7 C O (D C7 C7 C7 a C 0 j V 7 C c U O a 'ca 7 O w O co C U ul U d U R W U 1A U U U E ° E ° E ° E ° E ° E ° Z a •oi Z a •yUj Z a •uw Z a ,uE Z a EL Z a •N R R R R R R R R R R R R O 0 O C) 0 G O w O C) Q C] O 0 O W w C O 0 O G) C7 O O 0 O G) 0 C O 0 O W 0 O rl N m CI' Ln b 3 C a C U N m 7 C C 75C-29 �t 7 Y Y >, ,? a E OJ E L ° i nn $ o O o a E c w O c Y n C O 3 _ Ln 0 o r U C L CJ N �' m w o -p c a cs. m E C §'.," N _ N: `C? Y N C Ol �'..�,3, .#s"�S'+'s �data k�?'IN L � u •� iC L N v r v ` v u"''�:' n f� , E a $ m a p v a C 0 > O 2 v 3 3 z a � L W m m o n0 U v p u+ o a ri `o. m v _ h c. _ o w to 0 3 0 `3 a` a L E m O m a Y u ¢ �u ¢ UU t N 61 mL E Y E o E o z ° z a O O u C w O O LU G�1 (7 l7 (7 C7 G n co N N w 75C-30 Projects AP-35 Projects — 91.220(d) Introduction The 2019 Annual Plan sets forth a description of activities for the use of funds that will become available during the coming fiscal year, determines goals for individuals and households to be served, and describes the implementation plan and geographic location of the development of the Annual Action Plan involved consultation wits housing and homeless services within the City of Santa Ana, as, 0.1 were public meetings conducted with appropriate housing yso°i housing needs of children, elderly persons, persons w!I isbilitie r- homelessness. Projects ARMft SO Name ' ems? F� # Il . Pro'je 1 CDBG19-ADM I%,'r,,2 TION any a 2 CDBG19-FAIR HOUST - :i3rvC ... 3 CDB '�Q ENFORCE G^' ? .. 4 WBVI' -k (J IC-DEV 10P ENT 5 „G19-PUBLIC$t` l l PR RAv15 ' 6 CD8�19 PARK IMPRO- ENTS 7 CDBG19 MULTI FAMILY KE-JI B ° 8 CDBG19-H , UYER DO ft.-,,PAYMENT ASSISTANCE 9 CDBG19-STRt T� INFIR CTURAL IMPROVEMENTS 10 CDBG19-NEIGHB'OR.FIQO,b¢PONSORED IMPROVEMENTS 11 CDBG19-SINGLE FAftV".'REHAB 12 ESG19-HOMELESS ACTIVITIES 13 HOME19-ADMIN 14 HOME19-SINGLE FAMILY REHAB 15 HOME19-CHDO 16 HOME19-AFFORDABLE RENTAL HOUSING Table 7 - Project Information Annual Action Plan 2019 jvities to be undertaken. The zse agencies involved In delivering in section PR-10. In addition there service agencies regarding the %todividuais experiencing 23 OMB Control No: 2506-0117 (exp. 06/30/2018) 75C-31 Describe the reasons for allocation priorities and any obstacles to addressing underserved needs. These projects are deemed to be of the highest priority and meet the greatest need. The chief obstacle to meeting these needs Is a lack of resources to provide a greater level of assistance. Annual Action Plan 2019 24 OM B Control No: 2506-0117 ("p, 06130/2018) 75C-32 14 I m E E �.1 V v 'o a 00 M d zl W4 75C-33 1 Project Name CDBG19-ADMINISTRATION Target Area Citywide Goals Supported Administration Needs Addressed Housing Opportunities Homeless Services Public Service Programs Public Facilities/Infrastructure Economic Development sr Code Enforcement -1� W Fair Housing �R-y:�;�Y Funding CDBG: $980 230 HOME: $100,000 t a Description Housing Opporturi'i.1 Homeless Services, PufiitlhService Programs, Public Facil!ties ]nfras- / t i{cure, EC4omic Developrl eYtt Code Enforce Fair Housings qut, Target Date 117w 6/30/20*(1WM Estimate the number and type of familles =": R stems' ,. '�a x'°`xrR that will benefitroq)` 'a:,,, the proposed y?� activities AN ;� Locatig}i {ption O Ilk ,landed Activitiesa^ Th`4$ pgram will provide for the overall administration of the CDBG tlRd a portion of the HOME Program, to include: preparation Vogra Y-sv =p submI06ri of required contracts with HUD submission of all r6guting requirements, provision of individual project oversight, monitoring of all project implementation and ongoing completion, and e4a m fsci anagement and oversight. 2 Project Name 3';;`rE; p'D= itBG19-FAIR HOUSING Target Area Citywide Goals Supported Support Fair Housing Needs Addressed Fair Housing Funding CDBG:$60,000 Annual Action Plan 2019 OMB Control No: 2506-0117 (ezp. 06/30/2019) 75C-34 Description The program will provide fair housing enforcement, community education, landlord/tenant counseling/mediation services and city administrative support for the residents of the City of Santa Ana. Target Date 6/30/2020 Estimate the number 800 unduplicated low- to moderate- income Santa Ana residents will and type of families benefit from Fair Housing services. that will benefit from the proposed 't activities 5+�3 Location Description Planned Activities Fair Housing Project Name CDBG19-CODE E F,i9 LENIENT Target Area 'FRS Low -and Moderate l'ppome area NL Goals Supported Code Enforcement ¢z' Needs Addressed Code E 0,1s 1egtent cY-.a. Funding a� CDBG:$79}664 Description f w<� deserve single.�mily anitullifamily'ljgling stock. Target Date a 6)3Lt2020LIyl 4 Estimate the number: 3,00AWw-to-modefa income households. and type ofFamilles{ xWA, that7vllbetiefit#r a . tbtjsi op se - act7vities•"� t LocationVDescriptlon TTa, Planned Activities Code=Enforcement. Preserve single family and multifamily housing staEL'= Project Name E:zzL_DBG19-ECONOMIC DEVELOPMENT Target Area Citywide Goals Supported Economic Development Activities Needs Addressed Economic Development Funding CDBG:$72,926 Description Provide economic development assistance to businesses. Target Date 6/30/2020 Annual Action Plan 2019 27 OMB Control No: 2506-0117(exp. 06/30/2018) 75C_35 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 5 Project Name CDBG19-PUBLIC SERVICE PROGRAM?$ Target Area Citywide e- ". Goals Supported Public Service Programs, Needs Addressed Public Service Prograpla Funding CDBG: $872,543 z; Description Provide programs for lj erlyr persons With' disabilities, and Yp�ith, low-incstiieindivi duals.' x Target Date 6/30/2ME7 Estimate the number 2 �ti 3,674 undur�atedioy to moderae ypcome residents. and type of families 8 �� y� that will benefitifrtzitn - the proposed `AMP activities V- ,_�sfid LocatLnDgScipSion� 4 ti e� P mined Activdies < � Fund on rofit or eqa tions to provide eligible public services with an g � P g ?tea 2 prevention, intervention, suppression for children =empha4isr! o�n„ �c�rime "youth and'fantlies. Nonprofits will be determined through a CDBG ,mom a, ap'plI ation process. Project Name -. CM9-PARK IMPROVEMENTS r •j II•% Target Area £ M,: fLY` 3`I• a Qlywide 3 Goals Supported PPublicFacilties/Infrastructures Needs Addressed Public Facilities/Infrastructure Funding CDBG: $1,435,000 Description Use CDBG Funds for park and public facility improvements to benefit low -to moderate- income residents. Target Date Annual Action Plan 2019 28 OMB Control No: 2506-0117 (up. 06/30/2018) 75C-36 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 7 Project Name CDBG19-MULTI FAMILY REHAB x Target Area Citywide Goals Supported PP Affordable `'°i g 0 PPPrtT�ttles Needs Addressed Housing Opportunit3 Funding CDBG:$175,000 Description Acquisition and cone Sion of prgp r y into afford'ab rental housing a„y for IowZJ �vm,e families. Ap��o�k 5rte funds from CD B 36-18: $2,362,OY4lty l JAe reallocated$;this project. Target Date i> N"— G .r 6/30/2021 �� ing'=, Estimate the number a» k2 ,qw-to mods to mcom j ousehojdb and type of fami 'h ��` <_ that will benefif �yz,F the proposed activi}}ie�s,.,r L lotion Descnpil, 0 PIAked Activities ; �qChe Citf pf ans to release a Request for Proposals (RFP) for Affordable 3 al,czpment. n busing De>-��t.-`.rPe The CDBG funds will be made available through tfiFP for the acquisition of eligible properties for rental housing; and `re thafquisition and conversion of non-residential property to mtllttfamlly rental housing units. 8 Project Name q-C{)BG19-HOMEBUYER DOWN PAYMENT ASSISTANCE Target Area Citywide Goals Supported Affordable Housing Opportunities Needs Addressed Housing Opportunities Funding CDBG:$160,000 Description Provide first-time homebuyer down payment assistance. Target Date 6/30/2020 Annual Action Plan 2019 29 OMB control No: 2506-0117 (exp. 06/30/2015) 75C-37 Estimate the number 2 low -to moderate- income households. and type of families that will benefit from the proposed activities Location Description Planned Activities Provide first-time homebuyer down payment assistance, 9 Project Name CDBG19-STREET & INFRASTRUCTU,RAC MPROVEMENTS Target Area Citywide Goals Supported Needs Addressed Funding CDBG $2,1501322l` -p :. Description .`.. `see'= Residential street imprgy.eTents�lj be undertaken r CDBG eligible $x areas. G ramps for mo e�Fntz Lion of the AD A TransI n plan would 1�5'p(t be inst of this prbb) as well as construction, reconstrut'j on, t h4bilitation, an'i bar installation of public facilities and improveme146", z�r ns % Target Date y ' � �. t m MR"� _$� Estimate r then tiil" � ` max; =� � �•€�, �'x o and type of familiesa� g sy that w ll;b a It from .E> M W4 RAL _ ,.s n the�propbsed:4 Loca�dnDescription "a Plannedkct%Wes t 10 Project Name`z;;, CQG19-NEIGHBORHOOD SPONSORED IMPROVEMENTS W4e`T=a Target Area Cjywide Goals Supported '`PublicFacilties/Infrastructures Needs Addressed Public Facilities/Infrastructure Funding CDBG: $50,000 Description Graffiti abatement and solar lights in CDBG eligible areas. Target Date 6/30/2020 Annual Action Plan 2019 30 OMB Control No: 2.506-0117 (exp. 06/30/2018) 75C-38 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 11 Project Name CDBG19-SINGLE FAMILY REHAB _.y :=??sP`. Target Area Citywide Ao { y Goals Su orted PP Affordable Housin 0 orti ties g Ppiafi k Needs Addressed Housing Opportunities Funding CDBG:$300,000 cad. Description Owner -occupied housit g�habil�It }gn. Target Date 6/30/2 - Estimate the number 4low-to` o 't ncomeh�oids. and type of families MIX -W% that will benefit frg -N N—Rk . ; �. the proposed z r' activities ° ��QMAI Location Description? .. Imo& Plaii�d�yl#ie `OW{iroccuplpi9housmgrehabilitation. 12 1-t- szO ". Pro ect Name �I& l ar ESG19'g lOMELESS AUTIVITIES Tar' a tywide s -ate: Goals Supp`Crted I-It"pless Activlties ``;t* a M 44-. Adi7iC{mstration Needs Addressed F= eless Services 4s,. Funding ESG:$493,582 Description Emergency Solutions Grant project activities including Street Outreach and Engagement, Emergency Shelter, Homeless Prevention, Rapid Re - Housing, Data and Administration oversight and monitoring. Target Date 6/30/2020 Annual Action Plan 2019 31 OMB Control No: 2506-0117(mp. 06/30/2018) 75C-39 Estimate the number The 2018 Point in Time (PIT) conducted by the City of Santa Ana and type of families showed that there were over 1600 individuals experiencing that will benefit from homelessness in Santa Ana. This number represented an increase of the proposed 121% from the 2017 Point In Time count. In January of 2019, the activities County of Orange conducted the PIT for the entire county. While the numbers of individuals experiencing homelessness increased Countywide, the Point in -Time Count showed that 1769 of the Counties 6,860 homeless individuals are in Santa Ana. The City has increased efforts to assist those o�p�n,t treets and encampments have been reduced. The City will cogi". '2 to operate the Interim Homeless 4 " Shelter in FY 2019-2020. T !<-h7WIt;e s,V rovides 200 emergency beds for individuals while at the garrf��ime woGki to place individuals into Y V permanent housing ops. Location Description Activities will be pX�'d d citywide as well s the Link Shelter site. Domestic Vioid��shelters ayeurposely proVlded outside of the li xs :. City to provide additional:saety,prp rticipants shd. Planned Activities Througfi conlrycts with non pro +t homeless service providers, planned activities l iclpt�d gli�eless preSlAiign, rapid re -housing, shelter, outreach a�ii$Cc)atacol[e'fSon. z:". :�. 13 Project Name �2.a 4w �����_, ,QME19-ADMI(�f��s. Y.�,.�,�� Target Area ; aJ,9g14.Y Citywi" e EMER = lw'' a `.'. `ix Goals Supported t; Ev 'shy Afforflp)ile�tHousing Opportunities -c=�3 1tN ,;, Si[fiiTYlStraLlo a ,�sz� IE 'Addressed-hb,1 Ho1#slh Opporturilte5� Fundj,tjg- -_ �iOME����C�x5V25 Description; PSG 5'a^�',�F� HdME funds lJtllized to cover administrative costs for the HOME mq.H ry prpgl?am. :•.p?: Target Date yJ1 Estimate the numbe`r•_" and type of families ` that will benefit from the proposed activities Location Description Planned Activities Project Name HOME19-SINGLE FAMILY REHAB Annual Action Plan 2019 32 OMB Control No: 2506-0117 (exp. 06/30/2018) 75C-40 14 Target Area Citywide Goals Supported Affordable Housing Opportunities Needs Addressed Housing Opportunities Funding HOME: $100,000 Description HOME fundswill be used for mobile home and single family rehab projects for qualified households within the City of Santa Ana. Target Date yds. Estimate the number HOME Funds will be used to fin�;li?' a rehabilitation of owner- and type of families �=7 occupied single family horrle �i�� nubile homes for residential that will benefit from , ^' ' properties to address co¢e,�tiealth a"21. ety issues in accordance with the proposed the HOME program activities l Location Description T� - <_ Planned Activities �?a�' i >' ,9 16 Project Name HOME19F17 Target Area Citywide,.` Goals Supported Hottkrng Oppo bffo:fdable ,Ni'tre5+ Needs Address, a Ho sigp.Opportun j[sii s.3 Funding t'�?` HON, 1,063 . Descry tton t. ��hi d5 iilibR' d for OCgbO-qualified projects within the City of Santa Take �t pate ?r,. !M-1 ., Estimatelhe number ? a . and type of a --lilies VAN" that will beneflt:{rom ; VIA the proposed 'fix>= activities zx;. Location Description Planned Activities 16 Project Name HOME19-AFFORDABLE RENTAL HOUSING Target Area Citywide Goals Supported Affordable Housing Opportunities Needs Addressed Housing Opportunities Annual Action Plan 2019 33 OMB Control No: 2506-0117 (exp. 06/30/2018) 7 5 C _41 Funding HOME: $4,149,061 Description HOME funds will be used for eligible activities related to new construction or acquisition and rehabilitation of affordable rental housing In the City of Santa Ana. Target Date Estimate the number and type of families that will benefit from s>P wa' the proposed activities Location Description Planned Activities The City plans to e a Request for Pro66-bls (RFP) for Affordable gig - Housing Develop n The HOME funds will fi i- de available through the RFP for tFie 4_ uisitiordf,° ,.pd/or rehabil"flon of eligible properties for rental or tfaa' p busing; acquisition$nd conversion of non-- §7tti�y l propertyfo fx%u,Itifamily rental housing units; and/or ct' 8, new cc s ctlon ,.t . sing un f pr rental housing. Annual Action Plan 2019 34 OMB Control No: 25CM117 (emp. 06/3012018) 75C-42 AP-50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed HUD -funded activities are limited to the City's low -and moderate -Income areas, which encompasses the majority of the City's residential areas. Areas of the City outside of the CDBG target areas will benefit from activities that are limited -clientele in nature, i.e., a person/household can benefit from a federally - assisted program provided that they meet the program's eligibility established by household income and household size. CDBG program funds will be expended based on program available on a citywide basis for qualified beneficiariesa �_ activities will also be carried out on a citywide basisrfo5 community development projects (i.e. street and-i'iml City's low -and moderate -income areas; i.e., areas HUD's low- and moderate -income area definition. HOME funds will be utilized to activities for very low-income t ESG funding will be use ,g 9 Supjrr iprogram? individuals who are al�r ay home�U S- It em engagement su ortiv Nil ices. PP eN GeograR'c Distribution' City where the Target Area z Percge of Funds Low -and MoW?rate-Income are'°: 61 Citywide 3€ 39 Eligibility is typically public services will be Im administration enforcement and wjll be carried out in the II v of_residents meet and rehabilitation less or that assist those and related outreach and Table B -Geographic Dis"ttjpNtIon L Rationale for the prioritie06allocating investments geographically Funds are used city-wide to benefit the residents of the City of Santa Ana. Code enforcement, street Annual Action Plan 2019 35 OMa Control No: 2506-0117(Up. 06/30/2018) 75C-43 improvements, and park improvements are undertaken in Low -and Moderate -Income areas. Annual Action Plan 2019 36 OMB Control No: 2506-0117 (exp. 06/30/2018) 75C-44 Affordable Housing AP-55 Affordable Housing — 91.220(g) Introduction As noted earlier, the most important impediment to providing affordable housing is due to limited Federal and State resources for affordable housing initiatives. The lack of programs and resources to reduce excessive rent or mortgage burdens to qualified persons is a key factor. l Another barrier to providing affordable housing in Santa Ana isrt�e 'Igh cost of housing created by a demand for housing, both existing and new, which exceeds t71?Pnt supply. Housing prices, both ,— ownership and rental, remain high, especially for Iowertn6W6 house J&s. ANN E In addition, the cost of site acquisition is very highpg— development costtwshb_ o veryhigh. These WM. factors make affordable housing construction expensive and put affordable hdtt"sg_out of the reach of low-income households., The Housing Needs Assessment also ideti"e°tt that stringenY'cK ria in the mortgage origination process .:. h 5 :kq still remains, which also is outside the scd` k:,ari se N of of City'p icy. In several instances for our Down <-t Payment Assistance Program, applicants ha�f issued fCi f�eir person nances including lack of funds for a down payment or ppC i •history thects t (rkultty to qua ify for a first loan in the private �, , y:. market.�z z Nam„ In an effort to mitigate th60% arriers 5inta Ana had dertdken'the following actions among several KM others In 2015Nt to City Council ls;ed nT%opted an IrShcu3ionary housing ordinance referred to as the Housing b.1gytunity Ordinanc' )t pplies to residential projects with a zone change that allow residential del topment where sufi uses we e,not previously allowed, and Include more than 5 units, to provide eitherr 1 --of all new uCi{3 to bea ordable to very -low income households or 15% of all new units to be affordable' rbaow-inuse Ids. The City's inclusionary housing ordinance has generated over $13.8 itijli0, sinAe;if:was adopted in 2011. -The City utilizes HOME, CDBG"and Inclusionary Housing Funds to fund the development, acquisition and/or rehabilitation of affordable rental housing units. This public assistance will result In restricted lower rents for assisted units that are affordable to low -Income and very low-income families. - The City doubled the amount of Down Payment Assistance Funds available to low-income families to purchase a home from $40,000 to $80,000 in order to make homeownership more accessible. Annual Action Plan 2019 37 OMB Control No: 250&0117(up. 06/30/2018) 75C_45 -The City's Housing Authority conducts outreach to rental property owners to encourage participation in the Housing Choice Voucher Program. One Year Goals for the Number of Households to be Supported I Homeless "7s Non -Homeless Special -Needs Total Table 9 - One Year Goals for Affordable Housing by (: One Year Goals for the Number of Households,Sgpported Through Rental Assistance's 0 The Production of New Units €-�����;��' 57 Rehab of ExistingUnits " <'>m 0 Acquisition of Existing Units ,?fir Total `,�_€, v Table 10 - One Year Goals f Discussion The Santa Anakj', sin F add! t1on, l iErhns'l WE HUD-VASM.Project-based supportivhtiusing units below. e 5 Santa Ana Arts Co11111leb#j4r yrf. construction and be re' for professional artists of lesapxlmai+?1q,2699 Section 8 Housing Vouchers. In HUD-VA$H:�n�d_N0"Mainstream tenant -based vouchers and 175 :gousing A ' ority has financed 179 units of permanent 9 .� :W lete or in the pipeline including the projects referenced An acgWiition, adaptive reuse and new construction project will complete F5� Xfor o t!60ncy in 2019. This new project includes 57 affordable rental units 1VIf1, ,J6 units will be for permanent supportive housing. Santa Ana Veteran's Village has broken ground and is anticipated to open in FY 2019-2020. This new construction project includes 75 permanent supportive housing units for homeless veterans. It includes 70 one -bedroom and 5 two -bedroom units with wrap -around supportive services. Aqua Housing - An acquisition and demolition project of an underutilized, blighted motel site to construct 56 permanent supportive housing units for chronically homeless individuals will commence in Annual Action Plan 2019 KM OMB Control No: 2506-0117 (exp. 06/30/2018) 75C-46 FY2019-2020. The project includes 12 studios and 44 one -bedroom units with wrap -around supportive services. An additional three multi -family projects have received pre -commitment awards for the development of 193 units of affordable housing, of which 134 of these units will provide permanent supportive housing. These projects are anticipated to close on their financing and begin construction in FY19-20. Annual Action Plan 2019 39 OMB Control No: 250&0117 (up. 06/30/2019) 75C-47 AP-60 Public Housing — 91.220(h) Introduction The Housing Authority of the City of Santa Ana administers 2,699 Housing Choice Vouchers and does not own or operate any low-income public housing units. It is the mission of the Housing Authority to provide affordable housing for the most vulnerable members of our community to use as a platform to obtain self-sufficiency and independence from our assistance. Actions planned during the next year to address the Not Applicable Actions to encourage public he participate in homeownership Not applicable If the PHA is desie provided or other Not n to Annual Action Plan 2019 housing involved In' agement and financial assistance will be 40 OMB Control No: 2506-0117 (exp, 06/30/2018) 75C-48 AP-65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The needs of individuals experiencing homelessness and persons with special needs are complex and require a wide range of specialized services. Numerous agencies are typically involved in the care of these individuals, providing distinct services such as housing, mental health counseling, employment training, and case management services. A number of activities and services are funded to help the needs of individuals experiencing homelessness and other special needs populations. Overall, these services address the high priority of reducing homelessness and th,xlikeat of becoming homeless, as well as providing necessarysuPPortive services. ' There are several groups that have a high need for affordah housi'fi" � nd have special housing needs. Seniors, people with disabilities, and the individuals wIffire chronical ""Q�r�neless are more likely to face az�� housing problems and have difficulty affording h4�UsSeniors and peoplb disabilities also have a need for accessible housing, whether for new houf b rehabilitated existinor the adaptation of the housing they currently occupy. In addition to ge al challe es, seniorsg ave supportive needs resulting from dementia and inc easing physical dgbiiitatl r rom dementia an u creasing r;. physical debilitation. sae Describe the jurisdietiprfs one +%Qac goals and45'aclioio'r'"i€0' in and ending homelessness av_ s Including_ Mak ` ` ?� MY r Reaching o� to homneless p¢etso4S; ii P.' j.ally uns ered persons) and assessing their indiviclar'ae0-CIS' The one=ear�goals to reduce af�?nd h lessness include: ?.p =#h • Increase 'fhe upply of pe hanent supportive housingPreserve existing permanent supportive housing. • Provide fund ingdo.the Glty� temporary homeless emergency shelter, the Link. 4�, • Adapt existing housing=tg'fiieet the needs of special needs populations. • Improve access to services for individuals with special needs. • Assist the individuals who are homeless and those individuals at risk of homelessness with access to permanent affordable housing and necessary supportive services. • Coordinate homeless services and encourage collaboration among Homeless Service Providers and the Continuum of Care. • Work with the County of Orange and the 33 cities in Orange County to address homelessness Annual Action Plan 2019 41 OMB Control No: 2506-0117 (exp. 06/30/2019) _49 with regional efforts. The one-year actions to be taken include: • Issue Project -Based Vouchers for Permanent Supportive Housing for individuals experiencing homelessness. • Allocate ESG funds to the City's new temporary homeless emergency shelter, the Link. • Work with the County of Orange to create a permanent emergency shelter utilizing State funding. Reserve 50% of Santa Ana Housing Authority turnover referred by approved referral agencies. Provide General Funds from the City's budget to. c64jl as well as other creative programming. A Addressing the emergency shelter The City of Santa Ana children women, and a for homeless individuals a Homeless Services Manager of homeless persons emergency homeless families with minor -aged four dormitories, family rooms, full bathroom gm the City of Santa Ana experiencing #jsing and opportunities for employment. ipdjd emergency shelter in the Civic Center of Santa Ana that alter=fpi over 425 individuals each night, and food and supportive tally basis. The County also runs an emergency cold -weather for approximately 200 individuals and a 60-bed women's one-year actions will address the needs of individuals who are homeless that includes unaccompanied women, victims of domestic violence, chronically homeless Individuals and families, families with children, veterans and their families, and unaccompanied youth. The range of services include emergency shelter, transitional housing and permanent supportive housing. ESG funds will provide assistance for street outreach services, homeless prevention and rapid re -housing. The ESG funded HEART outreach team will provide outreach and engagement services to individuals Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 75C-50 experiencing homelessness throughout the City. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, Including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing indi. 14als and families who were recently homeless from becoming homeless again Iffl- The City supports a number of programs to assist low-incphlk mdlviii'ua'is.a nd families to avoid becoming homeless, including Section 8 Housing Choice vouchher support s'. toes, such as job and training assistance, food assistance, and counseling are als;3r,vailable to help indivi"' " cover from homelessness and to avoid becoming homeless. he pity worics closely with the Ggntinuum of Care who provides oversight for the Vulnerability Index - Servi e itizaid_ (iecision Assist Tool (VI-SPDAT) to prioritize the most vulnerable offered in all programs to help p. In addition, the Housing Authority of the A.. vouchers for permanent,atipp_ ilve.hou: Helping tunaea:anstnutions ai foster care qh_4 other assistance froiipublic or .M, employment, education, The goals listed above program will fund hon vices are from fallinf'ack into homelessness. VASH project -based Farn!!jres avoTd`Jgecoming homeless, especially extremely and N e,who'are: being discharged from publicly ge (such as -health care facilities, mental health facilities, corrections programs and institutions); or, receiving `that address housing, health, social services, or youfl; needs. individuals and families to avoid becoming homelessness. The ESG antion programs including utility and security deposit assistance as well as rental assistance. In addition to outreach and engagement, the HEART program, provides bus tickets for individuals interested in being reunited with their families; often following a release from a correctional facility. The County of Orange is equipped to serve people discharged from publicly funded Annual Action Plan 2019 43 OMB Control No: 2506-0117 (exp. 06/30/2018) 75C-51 Institutions or systems of care such as healthcare facilities or correction programs. Annual Action Plan 2019 44 OMB Contra) No: 25060117 (exp. 06/3012018) 75C-52 AP-75 Barriers to affordable housing — 91.2200) Introduction: Through vehicles such as zoning ordinances, subdivision controls, permit systems, and housing codes and standards, the city has attempted to ensure the health, safety, and quality of life of its residents while minimizing the barriers that may impede the development of affordable housing. None of these measures is intended to restrict the affordability of housing, though these regulations may on occasion influence the pricing of housing. Impediments to affordable housing revolves around the lack ofj OWN Additionally, the lack of programs and resources to reduce e?tc8 ,pry Individuals is key. The City does all that it can with the I mife;; 7esoUr, produce affordable housing for both owners and rants Home rehat programs are both available. The City's Work Centr.'ntl E _ conomic De, a� retain, expand, train and attract individuals and b `iil,.sses to the City. Actions it planned to remove or amell as barriers to affordable housing such ordinances, building cQde fe_s and c return on of the City residents. nt or mortgage burdens to s.avallable to maintain and fr ion and home ownerships elopnt programs work to of public policies that serve glicies affecting land, zoning end policies affecting the The Ci �ti8enfifiedse eral ba ri€iz.to the des Ci M&Iof affordable housing including the following: fL_ Y,. , , .. $ _p,_,. g g • Governmental constraints such ES Oroperty taxes, land -use controls (e.g., density and zoning Sash=a �: xT �••.. restriia�s), building coegAbuilding: °�rmit fees, on-site/off-site improvement, prevailing wage regulation' and ADA corriip lance. • Market con*4thts includ the availability, cost, and competition for land. Other constraints include limiteiordable?fiousing financing sources, finance costs, and the costs of zt construction.Rv z4- • Available land in the City mostly consists of small parcels that must be assembled for significant new construction projects. Relocation costs and housing replacement requirements for redeveloping improved properties also presents barriers to the development of affordable housing. • The region's rents have continued to increase. Higher rents limited the ability of some low- income households to obtain affordable housing. Households with poor credit history are also Annual Action Plan 2019 45 OMB Control No: 25060117 (exp. 06/30/2018) 75C-53 severely impacted. Since governmental restrictions may constrain the production of affordable housing, the City of Santa Ana continues to monitor, analyze and address, as necessary, governmental regulations, land use controls and residential development standards that affect the production and preservation of affordable housing. The Housing Needs Assessment also identified stringent criteria jr� fhei continues to this day even after the 2010 foreclosure crisis ha ed, and control of City -AAA, ,rosu policy. In some instances, issues revolvirrgroun,� ; payment, credit history, employment history) affect t�hg�—aability o Market factors that tend to restrict affordable houssth oduction are: costs, and the availability of financing.` In an effort to mitigate these barriers, the City of mortgage origination process that which also is outside the scope ersonal finances (lack of down ffp5dable housing for residents. hlfl ji nd costs, high construction the folloiv"MR actions: • City Council adopted an inclusion aryFtbusi�g ordinance ikferred to as the Housing Opportunity Ordinance (H00) that requires eitliY10 P0'ly5% of all rieipits in Santa Ana to be affordable to very low- and loanc m.,e househ'fids �yQ� • The City utilizes 1pjtEtl plfMC resourcls'�p fundJje delopmei and/or the acquisition and rehabilitation lintal house g units. Thls1 ui5IR�assistancd;l ill result in lower rents for assisted units thus partially setting1 impacts k`some of the barriers listed above. • The Ci`y Housing Aut ip4i, tonb %c s outre %tq rental property owners to encourage Discussion: The City is evaluating changes to the Ordina of the inclusionary housing ordinance and plans to recommend Annual Action Plan 2019 !Z OMB Control No: 2506-0117 (exp. 06/30/2018) 75C-54 AP-85 Other Actions — 91.220(k) Introduction: The City of Santa Ana will undertake many activities aimed at addressing the needs of the community's underserved populations. Underserved individuals include elderly, persons with a disability, youth, homeless, veterans and very low-income individuals. The City has made several efforts this past yearto address homelessness and will continue these efforts in 2019. The addition of a new Homeless Services Manager and dedicating a full-time Santa Ana Police Department Officer to act as a Homeless Liaison in 2018, as well as creating a Quality of Life Team to implement a co .f(1.[rtpted response to requests for p' services by the community on impacts of homelessness has chair@1'he landscape of Santa Ana. In addition the CityCouncil declared a shelter crisis and Iobbi'' gY.�tate funding. The City has received $3.6 million in HEAP funds to address homelessness. MgsfFsI ica (yi is the addition of the new Interim Emergency Homeless Shelter in Santa Ana thaoVides 200 tefrary emergency shelter t ,> 2. beds. The City and will continue to fund the era this this shelter while'�a�rk�ing with the County of Orange to open a permanent site within the next rhonths.:, Actions planned to address In order to serve the undegs existing housing units�aa?� renters. Housing rehabi`fl! ti of these activities. The city residents SocialJ3erti ces to I interventi$Yt an up p r�loi individUal,- Include Permal �� a street out?gaeh�. By focusing City will be abT(tq. utilize lira The City of Santa AAa) Ana to meet the needs-i addition, Santa Ana will needs. needs rr�d populatiori'stkte Gtyww-48cUs IimltOfesources toward rehabilitating �T nd g�he numb%'-5-, fk0fdableij�bktismg units for both owners and and AC:quisition/dej ment of new dental housing units are examples local nonprof is will ep tinue to provide services for underserved City F x.t fnd'a- ViN,( Jude progi terns with an emphasis on crime prevention, )r`t dren, youth b afi-Wes. Programs to service homeless xm P. iupport�e Housing,tirapid rehousing, homeless prevention, shelter and hQurces o¢'housing and community needs identified as high priority, the e..sources mire efficiently. use ESG Pudding to help fund the new emergency shelter in the City of Santa STix individdolsunderserved and living in places not meant for habitation. In Ek?outadditional resources beyond federal and state funds to address these Actions planned to foster and maintain affordable housing In an effort to maintain and foster affordable housing, Santa Ana will continue to seek ways to achieve Annual Action Plan 2019 47 OMB Control No: 2606-0117 (exp. 06/30/2018) 75C-55 this objective. These will include programs and activities such as: Implement the inclusionary housing ordinance referred to as the Housing Opportunity Ordinance (H00.) This ordinance applies to residential projects with a zone change that allow residential development where such uses were not previously allowed, and include more than 5 units, to provide either 10% of all new units to be affordable to very -low income households or 15% of all new units to be affordable to low-income households. Developers also have an option to pay an in -lieu fee which will go towards affordable housing development within the City of Santa Ana. • Use limited public resources to fund the development an. /q4f,the acquisition and rehabilitation 'M1. of rental housing units. This public assistance will resFl�ower rents for assisted units thus h-. partially offsetting the impacts of some of the barr" S listed ,".Kye. • Collaborate with CHDOs to help ensure long-taffordability: maintenance of housing >° `N � units. • Continue the Housing Authority's outreac' `� _xental property owners a ncourage participation in the rental assistance program. • Issue project -based vouchers for,permanent suppotvg;,xipu`sing.. Actions planned to In an effort to address hE problems Cd`,. sed by lead Xposure, the bff of Santa Ana has implemented a lead paint hazard identifica bi and reification pro�z s as part of its housing programs. This process has been design xo$lywltli {Up a a e paint l �ard regulations (Title X), which became = v effectro r�tSaptelnbi ib40 ands Implembryteri5anta Ana in January 2002. All ownercoctupied housingl�r° t yrehab 'ifiQted or constructed prior to 1979 are inspected for lead -based paint hazards';ffthe ins pection'fih`ds potepad-based paint hazards, the subject property is tested — the average cost p"e7test is $450.'T procedures to comply with Title X has added approximately 30 days to the typical k Npg rehabil taf ion project. �x t'�rfFy may. Actions planned to reduce the number of poverty -level families The objectives and strategies of this Plan are focused on reducing the number of families in poverty, improving the quality of life for the lowest -income, most vulnerable families and individuals, and lessening the impacts of poverty. Strategies include providing affordable housing and special needs housing; working to reducing homelessness; improving public facilities and streets; and economic Annual Action Plan 2019 M. OMB Control No: 2506-0117 (exp. 06/3012018) 75C-56 development activities. The transition of people above the poverty line involves a variety of policies and programs that extend beyond providing opportunities for employment at a living wage. Access to education, transportation, childcare, and housing are key components that can assist persons to secure and retain economically self-sustaining employment. The City will employ a variety of strategies to help alleviate poverty, including efforts to stimulate economic growth and job opportunities, and to provide Santa Ana residents with the skills and abilities required to take advantage of those opportunities. More specifically °tie City will undertake a range of activities and services to combat poverty including: . AN ,. • Expand affordable housing opportunities thrc creation of new affordable housing units (via" acquisition/rehabilitation). • Provide homeless assistance including preveit housing, and access to permanent supportive blended with these activities. • Enforce public safety to prevent c(tlh'Is#rpt • Implement public facility eliminate public irin{itoe • Provide job tra li=r,g, job-seareh'tskills and - with employment t)i))iortunit that pay • Pmmntpzand nrnvirla°r r:rp�fifinza n"'A7eiiva construction rental assistance, and cy 3q1ter, transitional S u p p TfjeE services will be rmzlpgjne poor. 'U; the ovR IL -infrastructure of the City and teeativelel—WiWacts residential wages. individuals living in poverty which provide youth living in poverty • �ousing Aut i-ajjty_,will ed.fi ipue to impldWnt the Family Self -Sufficiency (FSS) program, wfilp will provide r rt Irassistari l?,,life skills training and referrals to employment training for 'ink :`kip`.. HoustijgLhoice Voucher .?pgram palttclpants. Actions planned to structure The City of Santa Ana will strengthen institutional structures and enhance coordination between public and private housing and social service agencies, and foster assisted housing improvements and resident Initiatives. The City works closely with local institutions to initiate programs that link economic incentives with neighborhood and community development objectives, including building relationships with neighborhood associations, community -based lending agencies, nonprofits, and educational institutions. The City also supports programs aimed at enhancing coordination among various City departments. The City will continue to utilize a network of referrals, contacts and partnerships to Annual Action Plan 2019 49 CMa Control No: 25D"M (exp. 0613012018) 75C-57 Implement the strategies outlined in the Consolidated Plan. In the area of housing, the City will continue to build its relationship with local housing providers such as private developers, nonprofit developers, and neighboring housing authorities, to ensure that limited housing resources are utilized in the most efficient and effective manner possible. The City also will continue to participate in the regional Continuum of Care as board members and on subcommittees in order to coordinate with neighboring jurisdictions to reduce homelessness in our community. Actions planned to enhance coordination between service agencies The Orange County ESG grantees (County of Oran er- of Santa Ana) have developed the Orange County= review and fund ESG subrecipients throughout the C approach has streamlined the application and review understand the impacts of funding dec s Oriss kFuuture and monitoring forms and otheractions't_lfeter e City staff serve on the Continuum of Care Q,d, smut ^c efforts. Public agencies, nonpifif organiza ' provision of affordable htiT]Stpg and and housing and social Anaheim, CityO garclen Grove, and the City oit�0y and prr ssss Colla�Yx rve our ho Annual Action Plan 2019 a as a unifi%QgX roach to request, aph jurisdictio' ifthiis collaborative flowed the grante�5to better efforts will include unified invoice �s and at -risk of homeless families. XiBre involved in several regional play an integral role in the 50 OMB Control No; 250G0117 (exp. 06/30/2018) 75C-58 Program Specific Requirements AP-90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction: Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available Burin a year are identified in the Projects Table. The following identifies program income that is aya'l a for use that is included in projects to be carried out. IUV „„ 1. The total amount of program income that w next program year and that has not yet been r 2. The amount of proceeds from section 108 Ic year to address the priority needs and specific strategic plan. A 11h, 3. The amount of surplus funds from [% ah Y27 *.: 4. The amount of any grant funds returhbtlto 1 has not been Included inprlor statemenxor. S. The amount of incoiiorroat-funded ad Total Program IncVt o'\ 1. 2. The benefit pers9j�-of I of one, two or,b'_rGf benefit of 70 a of Ci income. Specify the :d beftiY the start of the 4 tia� t- will be used: )wring the 275,039 3 in the grant-i 0 0 which the planned use 128 0 0 275,039 0 '1%43ds that will be used for activities that inc6p.overall Benefit -A consecutive period ad to determine that a minimum overall to benefit persons of low and moderate it include this Annual Action Plan. 70.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City of Santa Ana does not use HOME funds in any other manner other than those described in Annual Action Plan 2019 51 OMB Control No: 250&0117 (up. 0613012018) 75C-59 Section 92.205(b). 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: 3. 4. 1. 2. NA A description of the guidelines for resale or recapture that with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Plans for using HOME funds to refinance exi rehabilitated with HOME funds along with a will be used under 24 CPR 92.206(b), are as i The City of Santa Ana has no pla meets HUD requirem affordability of units acquired that is required that (may include.as attachment) he d0 for eligible activities under five program °C;=h.omelessness prevention, rapid re -housing Alon System (HMIS) costs, as well as allowable ions go through an open and transparent proposal is responsible for ensuring that the ESG Program is federal rules and regulations. centralized or coordinated assessment system that be that centralized or coordinated assessment system. The County of Orange in collaboration with the coc, the OC Commission to End Homelessness, and other ESG entitlement jurisdictions including the City, will utilize assessment and evaluation Instruments developed in consultation with the HMIS lead agency and previously funded HPRP grantees. The County ensures ongoing coordination of program design and eligibility standards. The City provides funding to 2-1-1 Orange County, the County's Continuum of Care administrator of the HMIS data entry system. Again in FY 19/20, funding will be provided for HMIS data, Coordinated Entry and technical assistance. 2-1-1 Orange County also administers the Vulnerability Index - Annual Action Plan 2019 52 OMB Control No: 2506-0117(exp. 06/3012018) 75C-60 Service Prioritization Decision Assistance Tool (VI-SPDAT) to prioritize chronically homeless individuals for affordable housing opportunities. 3. Identify the process for making sub -awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith -based organizations). In FY 17/18, the Orange County ESG Collaborative (County of Orange, City of Anaheim, City of Garden Grove, and the City of Santa Ana) released one Request for Proposals as a unified approach to request, review and fund ESG subrecipients. Any 501 (c)(3) organization in good standing was able to submit a request for funding for eligible ESG activitiesgpplication had a renewable option that was exercised for FY19/20 ESG funding. This 1c., tive approach has streamlined the :._ application and review process and allows the grantees? R_h2tfiunderstand the impacts of funding decisions. Future Collaborative efforts will Include fieinvoice' onitoring forms and other actions to better serve homeless and at -risk of, 1 1. as families. 10.$ Following the Collaborative review, the recomrr'ie�ations for unding is considered by the Community Redevelopment and Housing Commisfoe g considered ntLadopted bythe tea:..'_ City Council. Allocations are made s_it�;�onsideration of 0s>lringthat program furi'tls would be allocated toward eligible activities In f(te�c3>Eggries of hol$ a sness prevention, rapid-rehousing,shelter, data and street 4. If the junsdlction is.G able o meat the omeless p2tt� �� tlon7equirement in 24 CFR 576.405(a), the jCt" 5 ction must specify ittsfpl for rea Ifig out to and consulting with homeless or formOsr;%e� dividuals considering policies and funding decisions regarding facilities arid{ erilce3 gnclled underal G. u�rrsa sr The C`tyxonsults an El wlt�tthe County end COC`homeless services staff as well as local hoitieess service prote honi``eles advocacy groups, the OC Homeless Task Force, ACC-OC Homeless=.ask Force as wg11s neigh7%ating cities and homeless advocates, A previously homeless individual' Igicipated on th"f G RFP FY 7/18 funding review panel which FY 19/20 awards are cr__°Tit based upon.n' I. .duals who v'3eKe previously homeless provide assistance in outreach and engagement se e rs� and provide feedback to staff. In addition, the CoVs strategy reflects the participation of all 3A ctt�ers (nrOranga County as well as individuals who are homeless or previously homeless, schools and a.hest'of additional organizations. 5. Describe performance standards for evaluating ESG. The City utilizes the HUD monitoring ESG handbook to monitor each program's performance to ensure that goals are on track and funds are used for eligible activities. On a quarterly basis, invoices are reviewed to ensure program compliance. In addition, the quarterly financial invoices are monitored by City Accounting staff. On -site monitoring of non-profit organizations is done by staff and by consultants for both program and financial records on an as -needed basis, or at least every Annual Action Plan 2019 6%] OMB control No: 2506-0117 (exp. 06/30/2018) 75C-61 three years. The City works closely with the OC ESG Collaborative to standardize as much as possible. Annual Action Plan 2019 54 OMa Control No: 2506.0117 (exp. 06/30/2018) 75C-62 AFFIDAVIT OF PUBLICATION STATE OP CALIFORNIA, ) sa. County of Orange ) I am a citizen of the United States and a resident of the Comity aforesaid; I am over the age of eightean years, and net a party to or interested In the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which news. paper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a hue printed copy, has bean published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: March 11, 2019 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Dated: March l 1.2019 Yv � Signature: Sandra (' ampos Tito Orange County Register 2190 S. Towne Centre Place Anaheim, CA 92806 (714)796-2209 75C-63 ,PROGT ®P P,OILICATI®N (201;5:5CC.P) UlLaftdnift . 1I , IlSblpaBhid,.Stdapo;Los Ahgeles,CA900W '- °'''1'eli (219)896"2260 Fax.(213)896-22`�8 51'AT60F'CALIFORNIA I atn'a fItizewof the United States and a resident of the county aforeAld; I am over tKe age.D,f elghteen years, and not a party to orl6terested lathe above"entltled matter, I am the.principal clerk ofdthe printer'of La Opinlbn a newspaper of general cltculatlon;' print6d and OThshed daily,.in the.cltyof LiYd'l1n"tfe7es 'county of Los Angeles, and., Alch, newspaper has been adjudged a newspaper of. general circul'ation'by'the •§uperloh.Coudt dithe'County of Los Angeles,State of Callfornla, Linder the date of July 2'B'J 969, Case UMu iri' ' 950176;.that the'notice) ofwhlch the . annexed'Is a prldted•s;opy, has beeri hub)lshdld lhve th regular and notdn.any .gUopbrnent theleof on the following ' dafes, twit: all In t'he;year20,j.-- -I . 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NEn Aaoy NN2MhAdvg^uOvWyttllhhvpdry64 9tl ,q�pryr,ro♦reodre�gchm ldI burs Mdn9 vAn dA mA9uQ rcn4 rnu OM�UyydBop(r lalf�✓^AI 1�WN^9 O wt70o WA m1AM $PMaa vMIVAc Aop01ne5epN4n aka IrAn edn9ldrN. Noo�n K"-Rgmveq0,, OUYbnTnu KY H4IWan9 ohsaofa W 76C-65 CALIFORNIA NEWSPAPER SERVICE BUREAU DAILY JOURNAL CORPORATION Melling Address: 915 E FIRST ST. LOS ANGELES, CA 90012 Telephone (213) 22"300 / Fax (213) 229.5481 Visit ue 0 WWW.LEGALADSTORE.COM DAVID FLORES SANTA ANA, CITY OF/COMM DEV AGENCY 20 CIVIC CENTER PLAZA M2MTH FL SANTA ANA, CA 827024058 COPY OF NOTICE Notca Type: HRG NOTICE OF HEARING Ad Descriptlon NOTICE OF PUBLIC HEARING To the right Is a copy of the nolics you sent to us for publication In the THE REGISTER. Please read this notice carefully and call us with any mrredions. The Proof of Publication will be filed with the County Clerk, B required, and mailed to you after the lest date below. Publlcatlon date(s) for this notice Is (ere): 05/14/2019 The charge(s) for this order Is as follows. An hwolco will be sent after the last date of publkation. if you prepaid this order In full, you will not receive an Dally Journal Corporation SorAng your legal advenieing needs throughout Callfomla, Call your local BUSINESS JOURNAL, RIVERSIDE (951) 784.0111 DAILY COMMERCE, LOS ANGELES (213) 229.6300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213)229-6300 ORANGE COUNTY REPORTER, SANTA ANA (714l)543-2027 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800)M4829 SAN JOSE POST -RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444.2355 THE DAILY TRANSCRIPT, SAN DIEGO (819)232-3486 THE INTER -CRY EXPRESS, OAKLA40 (610)272-4T47 IIIIIII II I II II IIII II I III IIIII 4 IIIII II I Iu IIIII III IIII I�� y A 0 0 0 0 0 5 0 6 4 2 8 7 CNS 3253427 PUBLICIHe1ATT To CITMeC ��NC6EOF SANTAATTTTNAAYY GGGGGG�A. Ina City of Septa Pn0 ancoura@ea iM1a n l ipota Inn the docls4on-maklneT, prpra I1. n rallaWllPr It vi ad s Prim YOU offll= ask question , dn�ke ism n of I o e gI re to t I9h e p(mporlani to vou'f-a enjoUroaa my ing �1VT isuv�e Ong gUee Dne. A "e will �nl9e a pC 31carl"tmhe ell Year 2019 - 2020 comm�nunity DavelDPment Block Proglram "ndd the 019 ti p nD An off Annuli Action Plan. Theca fatlarc grant to1Is provide value Is sere ces to the communnity for aifordobla and supportive housing, development ent public eerylCM, and ,con mid devatopmanl, y7y7�� dd6"a heard of 2D,9 pt�i46 P.ln. or ImD�polatelyy fppoll"wina ifi9 6:00 to "}he IQWd Session Chamber, 22 CCoulvlc 11 Ay2n"a "r AlIlca"litoeccnT9 tmattte Moraine e � Witad11 to appear at 119 time. w you aPpesil at tha ublia also Inesantl"u our' than„ Clerk of"yfne cauncl, by mall to City of 6tl to Mpm 20 Clv c Denier P'I"azP Mil Santa Ana, CA 92701 ar via a -mall at scommenlao onm- '"'Cl}}yDre (reference meellne"1 by 3;00 PP mm. on the soy Q4551 the i , salt J-mlltl ce ve i r wI be on }}Ile for public Vimin9 meeting. any 5 ,ou Vol, re Pleas CameBmnuupnity Anclv2tm"t214-W- 6650t161 or yeomualtn send to dIores@sanfa- ano.or9. ,PRIGeau-an au rewrdln9 anyItem on this offend" Ire P pleadlo }wnPubito Cle k of the council Of(�ce, during, epufor basins,, era and posted on e C tYa webs Ito t a Fr day before a Ccuncttp:clAlyy.wymWWWaZ at: sonfe- ana.cr9(aarJera cu 9.a,P SI tiers ouoqntas tls 8"�r�Iff7r1"r 667.2257. 1a II)1ti9e 1V hM�1jh6d sl THE 01 STBR 75C-66 CALIFORNIA NEWSPAPER SERVICE BUREAU DAILY JOURNAL CORPORATION Melling Address: 916E FIRST ST, LOS ANGELES, CA 90012 Telephone (213) 229.5300 / Fax (213) 22M481 Visit us ® WWW.LEGALADSTORE.COM DAVID FLORES SANTA ANA, CITY OF/COMM DEV AGENCY 20 CIVIC CENTER PLAZA M25.OTH FL SANTA ANA, CA 92702.4068 COPY OF NOTICE Notice Type: HRG NOTICE OF HEARING Ad Description NOTICE OF PUBLIC HEARING, SPANISH To the right Is a copy of the notice you sent to us for publication In the LA OPINION. Please read this notice carefully and call us with any correcuons. The Proof of PublImbon will be filed with the County Clerk, If required, and mal lad to you after the last date below. Publication date(s) for this nI Is (ere): 06/142019 The charges) for this older Is as follows. An Invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an Dally Journal Corporation Serving your legal Bdvertieing needs 111roughout Callfomla. Cell your local BUSINESS JOURNAL, RIVERSIDE (931)704-0111 DAILY COMMERCE, LOS ANGELES (213) 229.5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213)229.6300 ORANGE COUNTY REPORTER, SANTA ANA (714)543.2027 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (BDO) 640.4829 SAN JOSE POST -RECORD, SAN JOSE (408) 207-4866 THE DAILY RECORDER, SACR WENTO 1916) 444.2356 THE DAILY TRANSCRIPT, SAN DIEGO (619)202.3486 THE INTER -CRY EXPRESS, OAKLAND (510)2724747 IIIII�IIIIIIII III � IIIIIIII�lllll IUIIIII II it * A 0 C 0 0 0 5 0 6 5 6 5 4 CNS 3253428 AVISO OE AUDIENCIA P BUCA ANTSEL AYUNTANIENTO DE LA CIUDAD De BANTA ANA,CA. La Cwdad der Sant Ana allomt at pOblloo a palldpor an deel prot99a der mma tla cleldnes. EI nlcpularao aA.. said slenLLo pmpomldnodo Java qua ustad pug"' malhm pm0unta, ,-m dodo -I. too y mama... edict dd made do lue proyoccoa quo poddon ear rhllnla 1= uatd. 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NCI nh5n Iham IhSn" Bm T41 ad ado n90 yMaang ahuen9 p�nfi nay a4p4 nx6�ya oa sdn go cMgg�r�hWg, 514m trsL phd 771u k9 FAV Gang Irons god lam NQo Ih. o ��ryhubnpp vd aupC & "An I web a1a'llutnh Pha 1.6 11htr 68u Muds ouQa hop We w adng go: hadurW pp a CUa.no 69 tfdatlpmegognta�dd�an a.5;m ol�, favor x6NenY0"W114 a'ft. Tbrdr9v 8A ue to ja47 n 5555 6114119 N0001 VIET 75C-68 Community: Annual Action Plan Public Comment Period - March 26th to April 27th Dear Nixle User, The Fiscal Year 2019-2020 Annual Action Plan details the housing, community and economic development needs for the City of Santa Ana, and the priorities, strategies, and projects that will be undertaken by the City to address those needs with Community Development Block Grant Program (CDBG), Home Investment Partnerships Program (HOME,) and Emergency Solutions Grants Program (ESG) funds that the City receives from the U.S. Department of Housing and Urban Development (HUD). Funds are intended to provide low -to moderate -income households with affordable housing, a healthy and safe living environment, and expanded economic opportunities. Eligible activities include cotntnunity facilities and improvements, housing rehabilitation and preservation, homeless activities, development activities, public services, economic development, planning, and program administration. The estimated amount of funding the City anticipates it will receive for FY 2019-2020 is as follows: CDBG HOME ESG $5,816,959 $17783,004 $475,700 The draft Annual Action Plan is available for public review during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Thursday in the offices of the Community Development Agency, 20 Civic Center Plaza, 6th Floor, Office of the Clerk of the Council, 20 Civic Center Plaza, 8th Floor, and the Main Public Library, 26 Civic Center Plaza, Santa Ana, California and on the City's Website under Community Development Agency https://www.ci.santa-ana ca us/departments/community-development-aizency/documents. The final Annual Action Plan will be presented to the City Council for review and approval in May 2019. How To Make Comments - The 30-day public comment period for the 2019-2020 Annual Action Plan will commence on March 26, 2019 and will end at 4:30 p.m. on April 27, 2019. You may send your written comments to Terri Eggers, Senior Community Development Analyst, at teggers@santa-ana.or ; or by mail to City of Santa Ana, 20 Civic Center Plaza — M25, Attn: Terri Eggers, Santa Ana, CA 92701. Who To Contact For Questions - Should you have any questions, please contact Terri Eggers, Senior Community Development Analyst, at (714) 647-5378 or by e-mail to tea ers@santa- ana.or . 75C-69 Citizen Participation Comments The Annual Action Plan was available for a 30-day public comment period from March 26 — April 27, 2019 online and in hard copy, Public hearings were held on both March 271 and June 4, 2019. Notification of the public comment period and public hearings were published in local newspapers in three languages on March 11 and on May 14, 2019. 75C-70 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: PUBLIC HEARING — FILED BY MAINPLACE SHOPPINGTOWN, LLC FOR ENVIRONMENTAL REVIEW NO. 2018-72, AMENDMENT APPLICATION NO. 2018-04, DEVELOPMENT AGREEMENT NO. 2018-02, AND TENTATIVE PARCEL MAP NO. 2018- 01 FOR THE MAINPLACE TRANSFORMATION AND EXPANSION PROJECT SPECIFIC PLAN LOCATED AT 2800 NORTH MAIN STREET — (STRATEGIC PLAN NOS. 3, 2; 5, 3; 5,4) CITY MAV6EIR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving and adopting an addendum to the Environment Impact Report for the Fashion Square Commercial Center Project (SCH NO. 1983021103) and re -adoption of a mitigation monitoring and reporting program. Adopt an ordinance approving Amendment Application No. 2018-04 to establish the MainPlace Specific Plan No. 4. 3. Adopt an ordinance approving Development Agreement No. 2018-02. 4. Adopt a resolution approving Tentative Parcel Map No. 2018-01, as conditioned. PLANNING COMMISSION ACTION At its regular meeting on May 13, 2019, the Planning Commission by a vote of 5:0 (Commissioners Alderete and Nguyen absent), adopted a resolution recommending that the City Council: (1) adopt a resolution approving and adopting an addendum to the Environment Impact Report for the Fashion Square Commercial Center Project (SCH NO. 1983021103) and re - adoption of a mitigation monitoring and reporting program; (2) adopt an ordinance approving Amendment Application No. 2018-04 to establish the MainPlace Specific Plan No. 4; (3) adopt an ordinance approving Development Agreement No. 2018-02; and (4) adopt a resolution approving Tentative Parcel Map No. 2018-01, as conditioned. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A) but 75D-1 ER No. 2018-72, AA Transformation Project June 4, 2019 Page 2 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace recommended that a portion of park impact fees collected over time for the project be spent on improvements to Santiago Park. DISCUSSION Project Location and Site Description The subject site contains approximately 49 acres generally located northeast of the corner of Main Street and Main Place Drive. The site is surrounded by the Santa Ana (1-5) Freeway to the west, the Garden Grove (SR-22) Freeway to the north, Main Street and commercial and mixed - use land uses to east, and Main Place Drive and commercial -office land uses to the south. The subject site does not include the "Time and Temperature" midrise office building adjacent to the site at 2700 North Main Street. The site is currently improved with the 1,130,000-square foot MainPlace Mall regional shopping center, three parking structures, and surface parking lots. MainPlace Mall contains two anchor tenants, Macy's and J.C. Penney, a vacant anchor store previously tenanted by Nordstrom, interior mall corridor tenants, restaurants, a cinema, an indoor recreation venue, and a fitness club. Table 1: Project Location Information Item Information Project Address 2800 North Main Street Nearest Intersection Main Street and Main Place Drive General Plan Designation Existing: General Commercial (GC) Proposed: General Commercial (GC) no change proposed) Zoning Designation Existing: General Commercial (C-2) I Proposed: Specific Plan No. 4 (SP-4) Surrounding Land Uses North Garden Grove SR-22 Freeway East Commercial and Mixed -Use South Commercial and Office West Santa Ana 1-5 Freeway Property Size 49.04 acres (gross) Existing Site Development The site contains a 1, 1 30,000-square foot regional mall, three parking structures, and surface parking lots. Applicable Zoning Code Sections Existing: SAMC Chapter 41, Article III, Division 13 (General Commercial Proposed: SAMC Chapter 41, Article III, Division 25 (Specific Plan) Entitlements SAMC Chapter 41, Article V, Division II (Amendments and Change to District Boundaries) 75D-2 ER No. 2018-72, AA No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project June 4, 2019 Page 3 Proiect Background and Chronology The Project site has served as a shopping destination since 1958 when the area was known as the Santa Ana Fashion Square. In 1983, the Santa Ana Fashion Square development consisted of an approximately 512,595-square foot open-air retail mall on the Project site. The Fashion Square Commercial Center Subsequent Final Environmental Impact Report (EIR) was prepared in 1983 to evaluate the potential impacts associated with the rehabilitation and redevelopment of the site as a mixed -use commercial center with 1,600,000 square feet of retail space, 1,500,000 square feet of office space, and 1,200 hotel rooms. The 1983 EIR was certified by the City of Santa Ana Redevelopment Agency in 1983. In 1987, the majority of the Fashion Square was transformed into what is currently MainPlace Mall. In 1996, the City of Santa Ana prepared Addendum (ER No. 96-033) to the 1983 EIR to evaluate a proposed retail expansion of the project site. While the proposed retail expansion was never fully implemented, in 2000 the City relied on the 1996 Addendum and 1983 EIR to approve a site plan and vesting tentative parcel map. These entitlements permitted up to 1,509,255 square feet of retail, 1,500,000 square feet of office space, and 400 hotel rooms. A final parcel map consistent with the 2000 entitlements was approved and recorded in October 2002. However, the improvements related to the parcel map and 2000 entitlements were never implemented. MainPlace Mall is today comprised of 1,130,000 square feet of commercial and retail uses within an enclosed two- and three-story mall building. There are 4,882 parking spaces in six surface parking lots and three onsite parking structures. Table 2: Previous and Current Entitlements, below, illustrates the site's existing development capacity. Table 2: Previous and Current Entitlements Land Use - 1983 EIR I Net-Year-2000 Change 2000 Parcel Map Commercial 1,600,000 sq. ft. -90,745 sq. ft. 1,509,255 sq. ft. Office 1,500,000 sq. ft. 0 1,500,000 sq. ft. Hotel 1,200 rooms -800 rooms 400 rooms Residential (None) (None) (None) Project Description The applicant is proposing modify the current entitlements listed in Table 2 to establish a new Specific Plan zoning designation on the site. The proposed Specific Plan, SP-4, is implementing a mitigation measure (No. 5.1-1) from the 1983 EIR and would facilitate phased redevelopment and revitalization of the mall into a mixed -use urban village with commercial, office, hotel, and 75D-3 ER No. 2018-72, AA Transformation Project June 4, 2019 Page 4 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace residential uses. The proposed, revised entitlements and net changes are outlined in Table 3: Proposed Entitlements and Net Change on the following page. Table 3: Proposed Entitlements and Net Change Land Use 1983 EIR 2000 Parcel Map 2019 Specific Plan Proposal Proposed 204.9 Net Entitlement Change Commercial 1,600,000 sq. ft. 1,509,255 sq. ft. 1,400,000 sq. ft. -109,255 sq. ft. Office 1,500,000 sq. ft. 1,500,000 sq. ft. 750,000 sq. ft. -750,000 sq. ft. Hotel 1,200 rooms 400 rooms 400 rooms 0 Residential None None 1,900 units +1,900 units Currently there are 1,130,000 square -feet of commercial. With the existing commercial and proposed entitlements and net changes detailed in Table 3, the proposed MainPlace Mall Specific Plan would still accommodate an additional 270,000 square feet of new commercial development. Because the site currently contains no office, hotel, or residential components, the Specific Plan would also allow up to 750,000 square feet of office space, 400 hotel rooms, and 1,900 residential units. Specific Plan A specific plan is a zoning tool available to local jurisdictions to establish a master plan that ensures high -quality, long-term development over a defined area. The specific plan has been identified as the appropriate zoning tool for the MainPlace project site due to the presence of the existing mall, the desire to introduce new uses over time, to ensure high -quality streetscape, open space, architectural, and landscape design, and to reflect the single ownership of the entire project site. In addition, the specific plan is implementing a mitigation measure of the 1983 EIR, which states that development of the project site should occur through the specific plan process. The specific plan will contain the components required by the State of California. Section 65451 of the Government Code mandates that a specific plan contain the following components: I. Introductory Plan Information VI I. Relationship of the Specific Plan's Il. Summary Environmental Document to III. Introduction Subsequent Discretionary Projects IV. Land Use Planning and Regulatory Vill. Specific Plan Administration Provisions IX. Specific Plan Enforcement V. Infrastructure Plan X. Appendices VI. Program of Implementation Measures 75D-4 ER No. 2018-72, AA No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project June 4, 2019 Page 5 The proposed MainPlace Mall Specific Plan, Specific Plan No. 4 (SP-4), contains the required components listed above. The Specific Plan details the site's context and setting, including its relationship with the surrounding community and its intent of creating a regional mixed -use village with commercial, employment, residential, open space, and visitor amenities and components. SP-4 contains four guiding principles that are intended to realize the success of MainPlace as a regional destination and as a contributor to the existing community. The four guiding principles are: 1. Enhance the Mall as an Iconic Local Shopping Destination. This will be realized through reinvestment in the mall and significant upgrades to the overall site through new sidewalks, bicycle lanes, landscaping, roadways, and parking. 2. Create a Unique Lifestyle and Entertainment Experience. This will be realized creating a mixed -use village consisting of retail, office, multi -family, and hospitality uses in an urban setting. 3. Promote a Diverse Mixture of Uses. This will be realized through careful curation of uses allowed both inside the existing mall and in new projects constructed around the mall. 4. Enhancing the North Santa Ana Cultural Experience. This guiding principle does not directly affect physical development at MainPlace but will be realized through additional uses at MainPlace that will complement existing regional draws such as the Bowers Museum and Discovery Science Center. When fully implemented, the Specific Plan will result in changes to the MainPlace site that include the following: 1. Ten (10) developable parcels for mixed -use and commercial development, including the existing MainPlace Mall building; 2. New onsite roadways with sidewalks, landscaping, and plaza areas depending on building type and use; 3. Creation of a new central, open -space plaza adjacent to the former Nordstrom space; 4. Enhancement of Main Place Drive to add bicycle lanes and enhance landscaping; 5. Realignment of Main Place Drive between Main Street and Bedford Road to create a rectangular -shaped, developable parcel intended for mixed -use development; and 6. Realignment of the loop road surrounding MainPlace Mall to anticipate a westward expansion of the mall for a regional "edutainment" tenant. The Specific Plan establishes a vision for a dynamic, mixed -use environment consisting of a regional mall surrounded by a mixed -use urban village containing residential, commercial, hotel, and office components. Moreover, the Specific Plan maintains the ability of the existing mall to expand. New land uses would be introduced to the site over time as market conditions warrant. Implementing projects would be submitted to the City for review on a case -by -case basis, requiring administrative review unless thresholds are met to require review and approval by the 75D-5 ER No. 2018-72, AA No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project June 4, 2019 Page 6 Planning Commission and/or City Council. Development regulations within the Specific Plan will ensure that projects are constructed pursuant to standards establishing setbacks and pedestrian zones, parking, and height. Allowable uses are defined for different sub -districts within the Specific Plan. Design Guidelines and Implementation sections within the Specific Plan will ensure that implementing projects are high -quality and reviewed consistently, streamlining the process for new developments in the Specific Plan area. Finally, implementing projects will be required to submit development impact fees and meet any inclusionary housing requirements in the Housing Opportunity Ordinance in place at the time of construction permits issuance. Analysis of the Issues The applicant is requesting approval of a Specific Plan, Tentative Parcel Map, and Development Agreement to facilitate construction of a master -planned, mixed -use village at MainPlace Mall. An analysis of issues is presented in Table 4 on the following pages. Table 4: Issues Analysis Issue Analysis _� Scale The Specific Plan is intended to produce a dynamic, mixed -use village that is integrated into and respects the surrounding community. Important components addressing scale include: • New buildings will be limited to 10 stories in height on the western side of the specific plan area where single-family residential neighborhoods exist across the 1-5 Freeway, while more intense development is allowed along the eastern portion of the Specific Plan area adjacent to existing mixed - use and commercial developments. • The Specific Plan's design guidelines will ensure that new projects are built to incorporate step -backs and other features to reduce massing. • Street plans for onsite roadways will ensure sufficient buffers between roadways, sidewalks, plaza areas, and buildings. Compatibility The Specific Plan is compatible with surrounding land uses in that: • The project site is surrounded by commercial and mixed commercial/residential uses to the south and east and by the 1-5 and SR- 22 freeways to the north and west. Beyond the 1-5 and SR-22 freeways are single-family residential neighborhoods in the cities of Santa Ana and Orange, approximately 350 and 300 feet away, respectively. • Development regulations in the Specific Plan limit building height on the project site to 10 stories; 20-story buildings are only permitted along Main Street, away from sensitive land uses such as single-family residences. • The Specific Plan anticipates that more intense land uses such as offices and mixed -use buildings will be located closer to Main Street, away from existing single-family neighborhoods. • Allowable uses in the Specific Plan document are intended to support a dynamic, mixed -use environment. Uses that may negatively impact the site and/or surrounding neighborhoods, such as industrial uses, are prohibited by the Specific Plan. 75D-6 ER No. 2018-72, AA Transformation Project June 4, 2019 Page 7 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Density The Specific Plan is consistent with the densities prescribed by the existing District Center (DC) General Plan Land Use designation. • The existing DC designation permits a floor -area ratio (FAR) of up to 2.1 for the MainPlace project site; MainPlace proposes an FAR of 2.08, which is below the 2.1 maximum. The General Plan Land Use Element provides for a density of up to 90 dwelling units per acre in most DC areas, while the Specific Plan proposes a residential density of 39 dwelling units per acre, which is below the typical 90 dwelling units per acre maximum. The General Plan Land Use Element already references existing entitlements at MainPlace, and the equivalencies used to analyze impacts from transitioning already -entitled office square footages at the site to residential land uses will ensure that the densities do not exceed impact analyses in the General Plan. A minimum of 200 square feet of residential open space and amenity space will be required for each residential unit within the Specific Plan The Specific Plan proposes a parking requirement that exceeds these observed demands and takes into account the mixed -use nature of the project site. • The parking standards require 3.5 spaces per 1,000 square feet for commercial uses (retail, restaurant, service, health club, cinema, etc.); 1.65 spaces per residential unit, inclusive of guest parking; 1.1 spaces per hotel room; and 3 spaces per 1,000 square feet for office uses. • The Specific Plan's parking requirements ensure that sufficient parking will be provided for each land use without resulting in parking intrusion into surrounding developments. • The Specific Plan allows for shared and alternative approaches to parking as technology evolves and parking demand is reduced through innovations such as parking lifts, enhanced transit and ridesharing, and conversion of existing parking structures to commercial and/or residential spaces. The entire MainPlace Mall site currently contains 4,882 parking spaces in the form of surface parking lots and multi -level parking structures. As part of the review of the proposed Specific Plan, a parking study was prepared to survey existing onsite parking usage and peak periods. The study finds that existing parking demands are 2.19 parking spaces per 1,000 square feet of gross floor area for the existing mall. This number would increase to 2.59 if the entire mall were occupied with no vacancies, and 2.91 when adjusted for seasonal peaks megionai mousing i ne housing tiement Hnnuai rrogress rteport inauoes a summary or cianta Needs Allocation Ana's progress in meeting its share of the RHNA. There were a total of 1,372 (RHNA) building permits issued for new housing units in 2018, of which 42 percent or 577 housing units are affordable. With these new units, the City substantially exceeds the overall target for Santa Ana's RHNA 204-unit allocation, by over nine times. 75D-7 ER No. 2018-72, AA Transformation Project June 4, 2019 Page 8 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace - ,Isspe xPinel sis - . The MainPlace Specific Plan will create capacity for development of up to an additional 1,900 housing units in the City. Residential unit development in the Specific Plan area will be subject to the Housing Opportunity Ordinance as applicable. Amendment Application The subject site is currently in the General Commercial (C-2) zoning district. The C-2 zoning district permits a wide variety of commercial uses and includes all uses that are permitted in the Community Commercial (C-1) zoning district. In addition to those uses, the C-2 zoning district permits limited wholesale, research and development, equipment sales, car washes, trailer parks and camps, thrift shops, food distribution centers, indoor swap meets, warehouse stores, and superstores. These uses are permitted by -right or are subject to approval of a conditional use permit. The existing C-2 zoning designation does not meet the goals and objectives of the project to produce a dynamic mixed -use village with residential, hotel, office, and commercial land uses. SP-4 will ensure high -quality development at MainPlace and maintains the General Plan's vision for District Centers. According to the General Plan, District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high-rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. The Main Place/City Place District Center includes a regional shopping center and office complex, as well as high intensity housing and mixed -use development. The proposed Amendment Application (zone change) to establish a Specific Plan (SP-4) zoning designation is consistent with the goals and objectives of the project and is consistent with the goals and policies of the site's existing District Center (DC) General Plan land use designation. The proposed Specific Plan will establish permitted uses that will be permitted by right, subject to a conditional use permit, or subject to a land use certificate. The uses are intended to create a dynamic, mixed -use environment anchored by a central commercial mall and surrounded by complementary land uses. These uses differ from those allowed by the existing C-2 zoning at the site, which permit a broader range of commercial activities, many of which do not support the stated goals and vision for the project site. Additional details on the core components of the Specific Plan are provided in Table 5: Project - Specific Development Standards. 75D-8 ER No. 2018-72, AA Transformation Project June 4, 2019 Page 9 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Table 5: Proiect-Specific Development Standards Standard %Descriptor` - __-- Maximum Floor Area 2.1 (already permitted by the General Plan Land Use Element) Ratio FAR Maximum Building Mixed -use, residential, hotel, and/or office: 10 stories maximum; 20 stories Height permitted along Main Street or subject to a Site Plan Review approval by the Planning Commission Parking structures: 6 levels maximum above -grade Minimum Building 15 feet minimum from Main Street and Main Place Drive Setbacks Onsite Parking Commercial (retail, service, restaurants, etc.): 3.5 spaces per 1,000 sq. ft. gross floor area Residential: 1.5 spaces per unit, plus 0.15 spaces per unit for guest parking (1.65 gross parking spaces per unit) Hotel: 1.1 spaces per room Office: 3.0 spaces per 1,000 s . ft. gross floor area Onsite Open Space Minimum 200 square feet onsite per each residential unit; Minimum 15 and Landscaping ercent open sace for each planning area within the Specific Plan. Tentative Parcel Map The applicant has submitted a tentative parcel map to subdivide the project site into 10 parcels to create developable sites within the Specific Plan area. The 10 parcels include MainPlace Mall, which will remain at the core of the Specific Plan area. The remaining 9 parcels will surround the mall building, creating sites for mixed -use, residential, hotel, parking structure, and/or office developments to be submitted individually in the future. The tentative parcel map details roadway and utility improvements, as well as realignment of Main Place Drive in Parcel 1 to create a standard, rectangular -shaped parcel for future mixed - use development. These improvements will require a vacation of a portion of Main Place Drive near the Macy's building and vacation of smaller roadway segments due to various street improvements proposed along Main Place Drive for bike lanes and utility infrastructure. CC&Rs will be adopted to define the operating and maintenance requirements. They will also maintain a property owner's association responsible for maintenance and enforcement of the CC&Rs and will ensure that parking and access can be shared throughout the entire Specific Plan area The tentative parcel map leaves the Macy's parcel as -is, as it is an existing condition. The parcel is currently under separate ownership and is subject to a long-term lease, which render possible adjustments to the parcel as part of the tentative map impossible. The Specific Plan addresses any potential redevelopment that could take place on that parcel should Macy's reevaluate its presence at the site. 75D-9 ER No. 2018-72, AA No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project June 4, 2019 Page 10 Development Agreement The applicant has requested approval of a development agreement (DA), which is a contract between the City and a developer that provides assurances and public benefits for both parties. The development agreement addresses the term of the agreement, possible extensions, indemnification, incentives for buildout of the non-residential and residential components of the project, requirements for recording conditions, covenants, and restrictions (CC&Rs), public art, City access to onsite open space areas, positive local impacts, overcrowding mitigation plans, and monitoring and reporting. These terms have been crafted to ensure high -quality development at the project site with positive financial impacts to the City. Additional details are provided in the summary of major deal points in Table 6, Development Agreement Major Deal Points. Table 6: Development Agreement Maior Deal Points )Item �Glescription- Term and Extensions The initial term of the DA is 10 years. The term may be automatically extended to 15 years if the developer completes construction or redevelopment of certain components within the first 7 to 8 years, including the central open space, the Nordstrom box building, large -format educational/entertainment use, parking, and site improvements, and hotel rooms. Non -Residential Completing non-residential components of the project, including construction Development or redevelopment of central open space, the Nordstrom box building, large - Incentives format educational/entertainment use, parking, and site improvements, and/or hotel rooms, will result in automatic extensions to the DA from 10 to up to 20 years. Completion of non-residential development components will also allow issuance of building permits for additional residential units on the site, ensuring a balance of revenue -generating uses for the City. City Access to Open The DA ensures that the City will be provided usage of the Central Plaza, Spaces Entry Plaza, or other mutually -accepted space at least 12 days each calendar year for events that are reasonably compatible with the project programming. The owner will also be required to provide at least 10 free events each year for the general public. Public Art The DA requires that public art be created, installed, and maintained on the project with a value equivalent to one-half of one percent (0.5%) of the total construction cost of the project. The public art component must also include at least two publicly -accessible water features on the project site. Positive Local Impacts The DA requires that the owner shall submit a plan for ongoing engagement and support of local philanthropic activities in Santa Ana relating to education, culture, and the arts, as well as local live -work preference for the rental or sale of residential units on the project site, and a local sourcing plan to hire and procure locally. 75D-10 ER No. 2018-72, AA No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project June 4, 2019 Page 11 ENVIRONMENTAL IMPACT The MainPlace Transformation Project required preparation of studies relating to traffic, noise, air quality, greenhouse gas emissions, geologic and seismic hazards, hydrology and hydraulics, and sewer capacity. In addition, a health risk assessment, water supply assessment, water quality management plan, and fiscal impact and economic benefit analysis were prepared. All studies evaluate the changes of the proposed revisions as compared to the existing entitlements and were reviewed for content and accuracy by the City. The technical studies evidenced that an EIR Addendum to the previously -certified 1983 EIR is the appropriate CEQA document to evaluate and disclose the project's impacts. An addendum to a previously certified EIR is prepared when a lead agency is asked to approve modifications to an existing project for which an EIR has already been certified. An addendum evaluates the requested modifications and determines whether subsequent EIR review is required. Pursuant to CEQA case law, an addendum applies the same thresholds as the original, certified EIR. (Citizens Against Airport Pollution v. City of San Jose (2014) 227 Cal.AppAth 788.) Moreover, pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162, when an EIR has been certified for a project, the City shall not require a subsequent or supplemental EIR or negative declaration for the project unless the lead agency determines that one or more of the following conditions are met: 1. Substantial project changes proposed that would result in new or substantially more severe impacts than disclosed in the previous EIR; 2. Substantial changes in circumstances that would result in new or substantially more severe impacts than disclosed in the previous EIR; or 3. Significant new information has come to light that shows there will be new or substantially more severe impacts than disclosed in the previous EIR. If some changes or additions to the previously prepared EIR are necessary, but none of the conditions specified above are met, the lead agency shall prepare an Addendum. In accordance with the State CEQA Guidelines, since none of the conditions specified in section 15162 are present, an Addendum to the previously certified 1983 EIR is the appropriate form of environmental review for the MainPlace Transformation Project. The Addendum focuses on the potential environmental impacts associated with the MainPlace Transformation Project that might cause a change in the conclusions of the certified 1983 EIR, including changes in circumstances or new information of substantial importance that would substantially change those conclusions. The Addendum considers whether the project result in new or substantially more severe impacts than were disclosed in the 1983 EIR and finds that no supplemental or subsequent EIR is required for the MainPlace Transformation Project. Pursuant to State CEQA Guidelines section 15164(b), an addendum to a previously -certified EIR is not circulated for public review. The Addendum is included with this staff report as Attachment 75D-11 ER No. 2018-72, AA No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project June 4, 2019 Page 12 9. Pursuant to State CEQA Guidelines section 15164(d), the City Council must consider the Addendum together with the 1983 EIR before making a decision on the MainPlace Transformation Project. Previous CEQA Documentation The 1983 EIR was prepared to evaluate the potential impacts associated with the rehabilitation and redevelopment of Fashion Square as a mixed -use commercial center with 1,600,000 square feet of retail space, 1,500,000 square feet of office space, and 1,200 hotel rooms. The 1983 EIR was certified by the City of Santa Ana Redevelopment Agency in 1983. The 1983 EIR considers the environmental impacts relating to land use, soils and geology, hydrology, biological resources, archaeology, traffic and circulation, noise, air quality, aesthetics (including shade/shadow, solar glare, and illumination), housing/population, John Wayne Airport, public services and utilities (including natural gas, electricity, communications, water, sewer, solid waste, police protection, and fire protection), energy conservation, irreversible environmental changes, and growth inducement. It determined that the original, 1983 entitlements would not result in any potentially significant impacts relating to soil and geology, hydrology, archaeology, noise, air quality, housing/population, John Wayne Airport, natural gas, electricity, communications, water, sewer, and solid waste. In 1996, the City prepared Addendum (ER 96-033) to the Environmental Impact Report for Proposed MainPlace/Santa Ana Expansion to the 1983 EIR to evaluate a proposed expansion of the original, 1983 entitlements' commercial uses. The 1996 Addendum evaluated each topical issue addressed in the 1983 EIR and included updated air quality and traffic analyses. The 1996 Addendum concluded that no subsequent environmental impact report was required under CEQA because the proposed retail expansion did not result in new or substantially more severe significant impacts than were disclosed in the 1983 EIR. While the 1996 proposed retail expansion was never fully implemented, in 2000 the City relied on the 1996 Addendum and 1983 EIR to approve a site plan and vesting tentative parcel map. These entitlements permitted up to 1,509,255 square feet of retail, 1,500,000 square feet of office space, and 400 hotel rooms. A final parcel map consistent with the 2000 entitlements was approved and recorded in October 2002. However, the improvements related to the parcel map and 2000 entitlements were never implemented. Mitigation Measures and Addendum Conclusions The City has prepared an updated Mitigation Monitoring and Reporting Program (MMRP) for the MainPlace Specific Plan. The original MMRP contained 19 mitigation measures, of which 8 are ongoing and applicable and 11 are no longer applicable because they have been completed or have been superseded by changes to various laws or codes. 75D-12 ER No. 2018-72, AA Transformation Project June 4, 2019 Page 13 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace An updated MMRP has been prepared to for the MainPlace Transformation Project Specific Plan. The mitigation measures from the 1983 EIR include measures that are not applicable to the proposed MainPlace Mall Transformation Project, require modifications to reflect the current status of development at the Project site, or have been implemented and do not need to be carried forward. The 1996 Addendum did not identify any additional mitigation measures. The 1983 EIR mitigation measures are listed in the updated MMRP after each topical section. Where any clarifications to the 1983 EIR mitigation measures were necessary, strikeout text is used in the updated MMRP to show deleted wording and underline text is used to indicate wording that has been added. The MainPlace Transformation Project Addendum concludes no new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the 1983 EIR or the 1996 Addendum for: land use; soils and geology; hydrology; biota; archaeology; transportation and circulation; noise; air quality; shade/shadow, solar glare, and illumination; aesthetics; housing and population; airport; public services and utilities; energy conservation; irreversible environmental changes; and growth inducement. The updated MMRP will continue to mitigate or lessen any impacts already identified by the 1983 EIR, and any mitigation measures that are no longer applicable have been identified. Public Notification & Community Outreach The City and applicant conducted extensive community outreach to solicit and incorporate feedback from surrounding neighborhoods, affected public agencies and school districts, and other interested parties. Community outreach, Strategic Plan Alignment, and Public Notification details are provided in Table 6, below. Table 6: Public Notification. and Community Outreach Public Notification, and Community Outreach Public Notification & Community Outreach Required Measures A community meeting was held on May 31, 2018 at 5:30 p.m. at the MainPlace Mall former Nordstrom building in accordance with the provisions of the City's Sunshine Ordinance. Invitations/notices were mailed to property owners and occupants/tenants in a 600-foot radius from the project site, which exceeds the City's minimum 500-foot radius to ensure neighborhoods across the 1-5 and SR- 22 freeways would receive notice. Over 100 members of the public attended, as well as City staff from various agencies. The applicant provided all the required information to the City after the meeting. Details from the community meeting were posted to the project's webpage at https://www.santa-ana.org/pb/planning- division/major-pl anni ng-projects-and-documents/main-place-mall- transformation-project and are included as Attachment 12 to this staff report. Notification by mail was mailed to all property owners, occupants, and other interested parties within 500 feet of the project site on May 24, 2019. 75D-13 ER No. 2018-72, AA Transformation Project June 4, 2019 Page 14 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Public Notification, and Community Outreach Newspaper posting was published in the Orange County Register on May 24, 2019. Additional The applicant and City staff met with 78 interested groups, neighborhoods, Measures and/or individuals between May 31, 2018 and March 13, 2019. Meetings include those with business leaders/organizations, City Council, Planning Commissioners, other public agency staff, Neighborhood Associations, school board members, and school districts. The City received numerous letters of support for the project. Letters were received from the Bowers Museum, Jack Fisher Park Neighborhood Association, the Orange County Taxpayers Association, the Santa Ana Chamber of Commerce, Santa Ana Police Officers Association, the League of FISCAL IMPACT There is no fiscal impact associated with this action. At the City's request, the applicant prepared an economic analysis to outline net positive and negative economic and fiscal impacts resulting from the MainPlace Transformation Project. The Net Fiscal Impact & Economic Benefit Analysis, prepared by Kosmont Companies, was peer -reviewed by AECOM and details retail market trends, fiscal impacts, and economic impacts and job benefits. Kosmont's analysis indicates that the entire Specific Plan area at buildout would generate approximately $9.3 million in annual gross fiscal revenues but would create $2.8 million annual gross expenditures, resulting in a net $6.5 million in positive net fiscal impacts. This figure is projected to grow to $8.9 million with Measure X between 2019 and 2028, and $8.1 million thereafter until 2038. In addition to fiscal impacts, Kosmont's analysis indicates that the project is expected to generate over 3,600 full-time jobs during its first phase, which would increase to 12,700 full-time jobs at full buildout. Additional details are provided in the Net Fiscal Impact & Economic Benefit Analysis, included as Attachment 13 to this staff report. AECOM's peer -review of Kosmont's analysis largely supports the findings of the study and finds that the majority of the study is based on sound methodology. The peer -review indicates that while the methodology of the hotel visitors tax analysis is sound, the average daily rate that is used to calculate tax revenue is slightly lower for the City than the Orange County Market as a whole, by roughly 20 percent. However, the peer -review indicates that the study's analyses of economic benefits, fiscal revenues, sales taxes, and expenditures for service population are consistent with established methodologies. STRATEGIC PLAN ALIGNMENT 75D-14 ER No. 2018-72, AA No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project June 4, 2019 Page 15 Approval of this item supports Goal No. 3 Economic Development, Objective No. 2 (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), and Goal No. 5 Community Health, Livability, Engagement and Sustainability, Objective No. 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective No. 4 (Support neighborhood vitality and livability). CONCLUSION Based on the analysis in this report, staff is supportive of Amendment Application No. 2018-04, Development Agreement No. 2018-02, and TPM No. 2018-01 for the MainPlace Transformation Project. Moreover, the proposed Specific Plan, tentative parcel map, and development agreement have been analyzed by an EIR Addendum, which finds that no new significant impacts and/or new mitigation are required as a result of the proposed modifications to the site's existing entitlements. The project will transform an existing regional mall into a mixed -use village that will serve as a catalyst for new investment in that segment of Santa Ana and is a vital economic development strategy for the entire City. Minh Thai Executive Director Planning and Building Agency AP:la SARFCA\2019\0-04-19\MainPlace Mall\PBA MainPlace Transformation RFCA.dou Exhibits: 1. Planning Commission Staff Report 2. EIR Addendum and Mitigation Monitoring 3. Amendment Application Ordinance 4. Development Agreement Ordinance 5. Tentative Parcel Map Resolution Reporting Program Resolution 75D-15 75D-16 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: 7A, 'PLANNING COMMISSION MAY 13, 2019 TITLE: PUBLIC HEARING — ENVIRONMENTAL REVIEW NO.2018.72, AMENDMENT APPLICATION NO.2018-04, DEVELOPMENT AGREEMENT NO.2018-02, AND TENTATIVE PARCEL MAP NO.2018.01 FOR THE MAINPLACE TRANSFORMATION PROJECT SPECIFIC PLAN LOCATED AT 2800 NORTH MAIN STREET (STRATEGIC PLAN NOS. 3, 2; 5, 3; 5, 4) Prepared by All Pezeshkpour, AICP Executive Director - jscxe7irilTil k' � APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicants Request ❑ Staff Recommendation CKiPINRINIFAla 7 Planning Manager 1, Adopt a resolution recommending that the City Council; (1) adopt a resolution approving and adopting an addendum to the Environment Impact Report for the Fashion Square Commercial Center Project (SCH NO.1983021103) and re -adoption of a mitigation monitoring and reporting program; (2) adopt an ordinance approving Amendment Application No. 2018.04 to establish the MainPlace Specific Plan No. 4; (3) adopt an ordinance approving Development Agreement No. 2018-02; and (4) adopt a resolution approving Tentative Parcel Map No. 2018-01, as conditioned. Executive Summary Margit Allen, representing MainPlace Shoppingtown, LLC, is requesting approval of several entitlements to facilitate a phased mixed -use development master plan at MainPlace Mail, located at 2800 North Main Street. Specifically, the applicant is requesting an amendment application to rezone the property from General Commercial (C-2) to Specific Plan No. 4 (SP-4), a tentative parcel map to subdivide the site into 10 developable parcels, and a development agreement. Staff is recommending approval of the project as the proposed specific plan will facilitate the transformation and redevelopment of the existing MainPlace Mall Into a regional, mixed -use village with additional commercial, office, residential, and hotel projects that will be carefully Integrated with the existing community. 75D-17 ER No. 2018-72, AA Transformation Project May 13, 2019 Page 2 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Project Location and Site Description The subject site contains approximately 49 acres generally located northeast of the corner of Main Street and Main Place Drive. The site is surrounded by the Santa Ana (1-5) Freeway to the west, the Garden Grove (SR-22) Freeway to the north, Main Street and commercial and mixed -use land uses to east, and Main Place Drive and commercial -office land uses to the south. The subject site does not include the "Time and Temperature" midrise office building adjacent to the site at 2700 North Main Street. The site is currently improved with the 1,130,000-square foot MainPlace Mall regional shopping center, three parking structures, and surface parking lots. MainPlace Mall contains two anchor tenants, Macy's and J.C. Penney, a vacant anchor store previously tenanted by Nordstrom, interior mall corridor tenants, restaurants, a cinema, an indoor recreation venue, and a fitness club. Table 1: PLoiect Location Information iteirt inforrrla.on777 Pro ect Address 2800 North Main Street Nearest Intersection Main Street and Main Place Drive General Plan Designation Existing: General Commercial GC Proposed: General Commercial (GC) no change proposed) Zoning Designation Existing: General Commercial (C- 2 Proposed: Specific Plan No. 4 (SP-4) Surrounding Land Uses North Garden Grove SR-22 Freeway East Commercial and Mixed -Use South Commercial and Office West Santa Ana 1-5 Freeway Property Size 49.04 acres (gross) Existing Site Development The site contains a 1,130,000-square foot regional mall, three parking structures, and surface parking lots. Applicable Zoning Code Sections Existing: SAW Chapter 41, Article III, Division 13 (General Commercial Proposed: SAMC Chapter 41, Article III, Division 25 (Specific Plan) Entitlements SAMC Chapter 41, Article V, Division 11 (Amendments and Change to District Boundaries) Eroiect Background and Chronoloov The Project site has served as a shopping destination since 1958 when the area was known as the Santa Ana Fashion Square. In 1983, the Santa Ana Fashion Square development consisted of an approximately 512,595-square foot open-air retail mall on the Project site. The Fashion Square Commercial Center Subsequent Final Environmental Impact Report (EIR) was prepared in 1983 to 75D-18 ER No. 2018-72, AA Transformation Project May 13, 2019 Page 3 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace evaluate the potential Impacts associated with the rehabilitation and redevelopment of the site as a mixed -use commercial center with 1,600,000 square feet of retail space, 1,500,000 square feet of office space, and 1,200 hotel rooms. The 1983 EIR was certified by the City of Santa Ana Redevelopment Agency in 1983. In 1987, the majority of the Fashion Square was transformed into what is currently MainPlace Mall. In 1996, the City of Santa Ana prepared Addendum (ER No. 96-033) to the 1983 EIR to evaluate a proposed retail expansion of the project site. While the proposed retail expansion was never fully implemented, in 2000 the City relied on the 1996 Addendum and 1983 EIR to approve a site plan and vesting tentative parcel map. These entitlements permitted up to 1,509,256 square feet of retail, 1,500,000 square feet of office space, and 400 hotel rooms. A final parcel map consistent with the 2000 entitlements was approved and recorded in October 2002. However, the improvements related to the parcel map and 2000 entitlements were never implemented. MainPlace Mall is today comprised of 1,130,000 square feet of commercial and retail uses within an enclosed two- and three-story mall building. There are 4,882 parking spaces in six surface parking lots and three onsite parking structures. Table 2: Previous and Current Entitlements, below, illustrates the site's existing development capacity. Table 2: Previous and Current Entitlements Land Use 1983 EIR Net Year 2000 Change 2000 Parcel Map Commercial 1,600,000 sq. ft, -90,745 sq. ft. 1,509,255 sq. ft. Office 1,500,000 sq. ft. 0 1,500,000 sq. ft. Hotel 1,200 rooms -800 rooms 400 rooms Residential (None) (None) (None) Project Description The applicant is proposing modify the current entitlements listed in Table 2 to establish a new Specific Plan zoning designation on the site. The proposed Specific Plan, SP-4, is implementing a mitigation measure (No. 6.1-1) from the 1983 EIR and would facilitate phased redevelopment and revitalization of the mall into a mixed -use urban village with commercial, office, hotel, and residential uses. The proposed, revised entitlements and net changes are outlined in Table 3: Proposed Entitlements and Net Change on the following page. 75D-19 ER No. 2018-72, AA Transformation Project May 13, 2019 Page 4 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, -- MainPlace Table 3: Proposed Entitlements and Net Chance 2019 Specific Proposed 2019 Land Use M3 EIR 2000 Parcel Map I Plan Proposal ` Net'Entitiement Change commercial 1,600,000 sq. ft. 1,509,255 sq. ft. 1,400,000 sq. ft. -109,255 sq. ft. Office 1,500,000 sq. ft. 1,500,000 sq, ft. 750,000 sq. ft. -750,000 sq, ft. Hotel 1,200 rooms 400 rooms 400 rooms 0 Residential None None 1,900 units +1,900 units Currently there are 1,130,000 square -feet of commercial. With the existing commercial and proposed entitlements and net changes detailed in Table 3, the proposed MainPlace Mall Specific Plan would still accommodate an additional 270,000 square feet of new commercial development. Because the site currently contains no office, hotel, or residential components, the Specific Plan would also allow up to 750,000 square feet of office space, 400 hotel rooms, and 1,900 residential units. Specific Plan A specific plan is a zoning tool available to local jurisdictions to establish a master plan that ensures high -quality, long-term development over a defined area. The specific plan has been identified as the appropriate zoning tool for the MainPlace project site due to the presence of the existing mall, the desire to introduce new uses over time, to ensure high -quality streetscape, open space, architectural, and landscape design, and to reflect the single ownership of the entire project site. In addition, the specific plan is implementing a mitigation measure of the 1983 EIR, which states that development of the project site should occur through the specific plan process. The specific plan will contain the minimum components required by the State of California. Section 65451 of the Government Code mandates that a specific plan contain the following components: 1. Introductory Plan Information 11. Summary 111. Introduction IV. Land Use Planning and Regulatory Provisions V� Infrastructure Plan VI. Program of Implementation Measures VI I. Relationship of the Specific Plan's Environmental Document to Subsequent Discretionary Projects Vill. Specific Plan Administration IX. Specific Plan Enforcement X. Appendices The proposed MainPlace Mall Specific Plan, Specific Plan No. 4 (SP-4), contains the required components listed above. The Specific Plan details the site's context and setting, including its 75D-20 ER No. 2018-72, AA No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project May 13, 2019 Page 5 relationship with the surrounding community and its intent of creating a regional mixed -use village with commercial, employment, residential, open space, and visitor amenities and components, SP-4 contains four guiding principles that are Intended to realize the success of MainPlace as a regional destination and as a contributor to the existing community. The four guiding principles are: 1. Enhance the Mall as an Iconic Local Shopping Destination. This will be realized through reinvestment in the mail and significant upgrades to the overall site through new sidewalks, bicycle lanes, landscaping, roadways, and parking. 2. Create a Unique Lifestyle and Entertainment Experience. This will be realized creating a mixed -use village consisting of retail, office, multi -family, and hospitality uses in an urban setting. 3. Promote a Diverse Mixture of Uses. This will be realized through careful curation of uses allowed both inside the existing mall and In new projects constructed around the mall. 4. Enhancing the North Santa Ana Cultural Experience. This guiding principle does not directly affect physical development at MainPlace but will be realized through additional uses at MainPlace that will complement existing regional draws such as the Bowers Museum and Discovery Science Center. When fully implemented, the Specific Plan will result in changes to the MainPlace site that include the following: 1. Ten (10) developable parcels for mixed -use and commercial development, including the existing MainPlace Mail building; 2. New onsite roadways with sidewalks, landscaping, and plaza areas depending on building type and use; 3. Creation of a new central, open -space plaza adjacent to the former Nordstrom space; 4. Enhancement of Main Place Drive to add bicycle lanes and enhance landscaping; 5. Realignment of Main Place Drive between Main Street and Bedford Road to create a rectangular -shaped, developable parcel intended for mixed -use development; and 6. Realignment of the loop road surrounding MainPlace Mall to anticipate a westward expansion of the mall for a regional "edutainment" tenant. The Specific Plan establishes a vision for a dynamic, mixed -use environment consisting of a regional mall surrounded by a mixed -use urban village containing residential, commercial, hotel, and office components. Moreover, the Specific Plan maintains the ability of the existing mall to expand. New land uses would be introduced to the site over time as market conditions warrant. Implementing projects would be submitted to the City for review on a case -by -case basis, requiring administrative review unless thresholds are met to require review and approval by the Planning Commission and/or City Council. Development regulations within the Specific Plan will ensure that projects are constructed pursuant to standards establishing setbacks and pedestrian zones, 75D-21 ER No. 2018-72, AA Transformation Project May 13, 2019 Page 6 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace parking, and height. Allowable uses are defined for different sub -districts within the Specific Plan. Design Guidelines and Implementation sections within the Specific Plan will ensure that implementing projects are high -quality and reviewed consistently, streamlining the process for new developments in the Specific Plan area. Finally, implementing projects will be required to submit development impact fees and meet any inclusionary housing requirements in the Housing Opportunity Ordinance in place at the time of construction permits issuance. Analysis of the Issues The applicant Is requesting approval of a Specific Plan, Tentative Parcel Map, and Development Agreement to facilitate construction of a master -planned, mixed -use village at MainPlace Mali. An analysis of issues is presented in Table 4 on the following pages. Table 4: Issues Analysis Issue Analysis f 1. Scale The Specific Plan is intended to produce a dynamic, mixed -use village that is integrated into and respects the surrounding community. New buildings will be limited to 10 stories in height on the western side of the specific plan area where single-family residential neighborhoods exist across the 1-5 Freeway, while more Intense development is allowed along the eastern portion of the Specific Plan area adjacent to existing mixed -use and commercial developments. The Specific Plan's design guidelines will ensure that new projects are built to Incorporate step -backs and other features to reduce massing, while the street plans for onsite roadways will ensure sufficient buffers between roadways, sidewalks, plaza areas, and buildings. Compatibility MainPlace Mail is surrounded by commercial and mixed commercial/residential uses to the south and east and by the 1-5 and SR-22 freeways to the north and west. Beyond the 1-5 and SR-22 freeways are single-family residential neighborhoods in the cities of Santa Ana and Orange, approximately 350 and 300 feet away, respectively. Development regulations in the Specific Plan limit building height on the project site to 10 stories; 20-story buildings are only permitted along Main Street, away from sensitive land uses such as single-family residences. Moreover, the Specific Plan anticipates that more intense land uses such as offices and mixed -use buildings will be located closer to Main Street, away from existing single-family neighborhoods. Finally, the allowable uses in the Specific Plan document are intended to support a dynamic, mixed -use environment. Uses that may negatively Impact the site and/or surrounding neighborhoods, such as industrial uses, are prohibited by the Specific Plan. Density The existing District Center (DC) General Plan land use designation permits a floor -area ratio (FAR) of up to 2.1 for the MainPlace project site. The General Plan Land Use Element provides for a density of up to 90 dwelling units per acre In most DC areas. The MalnPlace Specific Plan proposes an FAR of 2.08, which is less than the 2.1 maximum allowed per the General Plan, as well as a 75D-22 ER No. 2018-72, AA No. 2018-04, DA No Transformation Project May 13, 2019 Page 7 2018-02, & TPM No. 2018-01, — MainPlace Issue Analysis residential density of 39 dwelling units per acre, which is below the typical 90 dwelling units per acre maximum. The General Plan Land Use Element already references existing entitlements at MainPlace, and the equivalencies used to analyze impacts from transitioning already -entitled office square footages at the site to residential land uses will ensure that the densities do not exceed impact analyses in the General Plan. Finally, a minimum of 200 square feet of residential open space and amenity space will be required for each residential unit within the Specific Plan area, ensuring a livable environment for residents. Onsite Parking The entire MainPlace Mall site currently contains 4,882 parking spaces in the form of surface parking lots and multi -level parking structures. As part of the review of the proposed Specific Plan, a parking study was prepared to survey existing onsite parking usage and peak periods. The study finds that existing parking demands are 2.19 parking spaces per 1,000 square feet of gross floor area for the existing mall. This number would increase to 2.59 if the entire mall were occupied with no vacancies, and 2.91 when adjusted for seasonal peaks (December holiday period). Additional details are provided in Attachment 15. The Specific Plan proposes a parking requirement that exceeds these observed demands and takes into account the mixed -use nature of the project site. The parking standards require 3.5 spaces per 1,000 square feet for commercial uses (retail, restaurant, service, health club, cinema, etc.);1.65 spaces per residential unit, inclusive of guest parking; 1 : 1 spaces per hotel room; and 3 spaces per 1,000 square feet for office uses. These parking requirements ensure that sufficient parking will be provided for each land use without resulting in parking intrusion into surrounding developments. Finally, the Specific Plan allows for shared and alternative approaches to parking as technology evolves and parking demand is reduced through innovations such as parking lifts, enhanced transit and ridesharing, and conversion of existing parking structures to commercial and/or residential spaces. Regional Housing The Housing Element Annual Progress Report includes a summary of Santa Needs Allocation Ana's progress in meeting its share of the RHNA. There were a total of 1,372 (RHNA) building permits issued for new housing units in 2018, of which 42 percent or 577 housing units are affordable. With these new units, the City substantially exceeds the overall target for Santa Ana's RHNA 204-unit allocation, by over nine times. The MainPlace Specific Plan will create capacity for development of up to an additional 1,900 housing units in the City. Residential unit development in the Specific Plan area will be subject to the Housing Opportunity Ordinance as applicable. Amendment Application The subject site is currently in the General Commercial (C-2) zoning district. The C-2 zoning district permits a wide variety of commercial uses and includes all uses that are permitted in the 75D-23 ER No. 2018-72, AA Transformation Project May 13, 2019 Page 8 No. 2018-04, DA No. 2018.02, & TPM No. 2018-01, — MainPlace Community Commercial (C-1) zoning district. in addition to those uses, the C-2 zoning district permits limited wholesale, research and development, equipment safes, car washes, trailer parks and camps, thrift shops, food distribution centers, indoor swap meets, warehouse stores, and superstores. These uses are permitted by -right or are subject to approval of a conditional use permit. The existing C-2 zoning designation does not meet the goals and objectives of the project to produce a dynamic mixed use village with residential, hotel, office, and commercial land uses. SP•4 will ensure high -quality development at MalnPiace and maintains the General Plan's vision for District Centers. According to the General Plan, District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high-rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. The Main Place/City Place District Center includes a regional shopping center and office complex, as well as high intensity housing and mixed -use development. The proposed Amendment Application (zone change) to establish a Specific Plan (SP-4) zoning designation is consistent with the goals and objectives of the project and is consistent with the goals and policies of the site's existing District Center (DC) General Plan land use designation. The proposed Specific Plan will establish permitted uses that will be permitted by right, subject to a conditional use permit, or subject to a land use certificate. The uses are intended to create a dynamic, mixed -use environment anchored by a central commercial mall and surrounded by complementary land uses. These uses differ from those allowed by the existing C-2 zoning at the site, which permit a broader range of commercial activities, many of which do not support the stated goals and vision for the project site. Additional details are provided in Attachment 6. Additional details on the core components of the Specific Plan are provided in Table 5, Project - Specific Development Standards, below. Table 5: Project -Specific Development Standards fi5tanklard Dqs"cii :�)abw . Maximum Floor Area 2.1 (already permitted by the General Plan !_and Use Element) Ratio FAR Maximum Building Mixed use, residential, hotel, and/or office: 10 stories maximum; 20 stories Height permitted along Main Street or subject to a Site Plan Review approval by the Planning Commission Parking structures: 6 levels maximum above -grade Minimum Building 15 feet minimum from Main Street and Main Place Drive Setbacks Onsite Parking Commercial (retail, service, restaurants, etc.): 3.5 spaces per 1,000 sq. ft. gross floor area 75D-24 ER No. 2018-72, AA Transformation Project May 13, 2019 Page 9 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Standard _00sc-4 tion T Residential: 1.5 spaces per unit, plus 0.15 spaces per unit for guest parking (1.65 gross parking spaces per unit) Hotel: 1.1 spaces per room Office: 3.0 spaces per 1,000 s . ft. gross floor area Onsite Open Space Minimum 200 square feet onsite per each residential unit; Minimum 15 percent and Landscaping open space for each planning area within the Specific Plan, Tentative Parcel Map The applicant has submitted a tentative parcel map to subdivide the project site into 10 parcels to create developable sites within the Specific Plan area. The 10 parcels include MainPlace Mail, which will remain at the core of the Specific Plan area. The remaining 9 parcels will surround the mail building, creating sites for mixed -use, residential, hotel, parking structure, and/or office developments to be submitted individually in the future. The tentative parcel map details roadway and utility improvements, as well as realignment of Main Place Drive in Parcel 1 to create a standard, rectangular -shaped parcel for future mixed -use development. These improvements will require a vacation of a portion of Main Place Drive near the Macy's building and vacation of smaller roadway segments due to various street improvements proposed along Main Place Drive for bike lanes and utility infrastructure. CC&Rs will be adopted to define the operating and maintenance requirements. They will also maintain a property owner's association responsible for maintenance and enforcement of the CC&Rs and will ensure that parking and access can be shared throughout the entire Specific Plan area The tentative parcel map leaves the Macy's parcel as -is, as it is an existing condition. The parcel is currently under separate ownership and is subject to a long-term lease, which render possible adjustments to the parcel as part of the tentative map impossible. The Specific Plan addresses any potential redevelopment that could take place on that parcel should Macy's reevaluate Its presence at the site. Development Agreement The applicant has requested approval of a development agreement (DA), which is a contract between the City and a developer that provides assurances and public benefits for both parties. The development agreement addresses the term of the agreement, possible extensions, indemnification, incentives for buildout of the non-residential and residential components of the project, requirements for recording conditions, covenants, and restrictions (CC&Rs), public art, City access to onsite open space areas, positive local Impacts, overcrowding mitigation plans, and monitoring and reporting. These terms have been crafted to ensure high -quality development at the project site with positive financial impacts to the City. Additional details are provided in the summary of major deal points In Table 6, Development Agreement Major Deal Points. 75D-25 ER No. 2018-72, AA Transformation Project May 13, 2019 Page 10 No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Table 6: Development Agreement Malor Deal Points =Mein . Dsscii #tan Term and Extensions The initial term of the DA is 10 years. The term may be automatically extended to 15 years if the developer completes construction or redevelopment of certain components within the first 7 to 8 years, Including the central open space, the Nordstrom box building, large -format educational/entertainment use, parking, and site improvements, and hotel rooms, Non -Residential Completing non-residential components of the project, including construction or Development redevelopment of central open space, the Nordstrom box building, large -format Incentives educational/entertainment use, parking, and site improvements, and/or hotel rooms, will result in automatic extensions to the DA from 10 to up to 20 years. Completion of non-residential development components will also allow issuance of building permits for additional residential units on the site, ensuring a balance of revenue -generating uses for the City. City Access to Open The DA ensures that the City will be provided usage of the Central Plaza, Entry Spaces Plaza, or other mutually -accepted space at least 12 days each calendar year for events that are reasonably compatible with the project programming. The owner will also be required to provide at least 10 free events each year for the general public. Public Art The DA requires that public art be created, installed, and maintained on the project with a value equivalent to one-half of one percent (0.5%) of the total construction cost of the project. The public art component must also include at least two publicly -accessible water features on the project site. Positive Local Impacts The DA requires that the owner shall submit a plan for ongoing engagement and support of local philanthropic activities in Santa Ana relating to education, culture, and the arts, as well as local live -work preference for the rental or sale of residential units on the project site, and a local sourcing plan to hire and procure locally. California Environmental Qualify Act The MainPlace Transformation Project required preparation of studies relating to traffic, noise, air quality, greenhouse gas emissions, geologic and seismic hazards, hydrology and hydraulics, and sewer capacity. In addition, a health risk assessment, water supply assessment, water quality management plan, and fiscal impact and economic benefit analysis were prepared, All studies evaluate the changes of the proposed revisions as compared to the existing entitlements and were reviewed for content and accuracy by the City. The technical studies evidenced that an EIR Addendum to the previously -certified 1983 EIR is the appropriate CEQA document to evaluate and disclose the project's impacts. An addendum to a previously certified EIR is prepared when a lead agency is asked to approve modifications to an existing project for which an EIR has already been certified. An addendum evaluates the requested modifications and determines whether subsequent EIR review is required. 75D-26 ER No. 2018-72, AA No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project May 13, 2019 Page 11 Pursuant to CEQA case law, an addendum applies the same thresholds as the original, certified EIR. (Citizens Against Airport Pollution v. City of San Jose (2014) 227 Cal.AppAth 788.) Moreover, pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162, when an EIR has been certified for a project, the City shall not require a subsequent or supplemental EIR or negative declaration for the project unless the lead agency determines that one or more of the following conditions are met: 1. Substantial project changes proposed that would result in new or substantially more severe impacts than disclosed in the previous EIR; 2. Substantial changes in circumstances that would result in new or substantially more severe impacts than disclosed in the previous EIR; or 3. Significant new Information has come to light that shows there will be new or substantially more severe impacts than disclosed in the previous EIR. If some changes or additions to the previously prepared EIR are necessary, but none of the conditions specified above are met, the lead agency shall prepare an Addendum. In accordance with the State CEQA Guidelines, since none of the conditions specified in section 15162 are present, an Addendum to the previously certified 1983 EIR is the appropriate form of environmental review for the MainPlace Transformation Project. The Addendum focuses on the potential environmental impacts associated with the MainPlace Transformation Project that might cause a change in the conclusions of the certified 1983 EIR, including changes in circumstances or new information of substantial importance that would substantially change those conclusions. The Addendum considers whether the project result in new or substantially more severe impacts than were disclosed in the 1983 EIR and finds that no supplemental or subsequent EIR is required for the MainPlace Transformation Project. Pursuant to State CEQA Guidelines section 15164(b), an addendum to a previously -certified EIR Is not circulated for public review. The Addendum is included with this staff report as Attachment 9. Pursuant to State CEQA Guidelines section 15164(d), the City Council must consider the Addendum together with the 1983 EIR before making a decision on the MainPlace Transformation Project. Previous CEQA Documentation The 1983 EIR was prepared to evaluate the potential impacts associated with the rehabilitation and redevelopment of Fashion Square as a mixed -use commercial center with 1,600,000 square feet of retail space, 1,500,000 square feet of office space, and 1,200 hotel rooms. The 1983 EIR was certified by the City of Santa Ana Redevelopment Agency in 1983. 75D-27 ER No. 2018-72, AA No. 2018-04, nA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project May 13, 2019 Page 12 The 1983 EIR considers the environmental impacts relating to land use, soils and geology, hydrology, biological resources, archaeology, traffic and circulation, noise, air quality, aesthetics (including shade/shadow, solar glare, and illumination), housing/population, John Wayne Airport, public services and utilities (including natural gas, electricity, communications, water, sewer, solid waste, police protection, and fire protection), energy conservation, irreversible environmental changes, and growth inducement. It determined that the original, 1983 entitlements would not result in any potentially significant impacts relating to soil and geology, hydrology, archaeology, noise, air quality, housing/population, John Wayne Airport, natural gas, electricity, communications, water, sewer, and solid waste. In 1996, the City prepared Addendum (ER 96-033) to the Environmental Impact Report for Proposed MainPlace/Santa Ana Expansion to the 1983 EIR to evaluate a proposed expansion of the original, 1983 entitlements' commercial uses. The 1996 Addendum evaluated each topical issue addressed in the 1983 EIR and included updated air quality and traffic analyses. The 1996 Addendum concluded that no subsequent environmental impact report was required under CEQA because the proposed retail expansion did not result in new or substantially more severe significant impacts than were disclosed in the 1983 EIR. While the 1996 proposed retail expansion was never fully implemented, in 2000 the City relied on the 1996 Addendum and 1983 EIR to approve a site plan and vesting tentative parcel map. These entitlements permitted up to 1,509,255 square feet of retail, 1,500,000 square feet of office space, and 400 hotel rooms. A final parcel map consistent with the 2000 entitlements was approved and recorded in October 2002. However, the Improvements related to the parcel map and 2000 entitlements were never implemented. Mitigation Measures and Addendum Conclusions The City has prepared an updated Mitigation Monitoring and Reporting Program (MMRP) for the MainPlace Specific Plan. The original MMRP contained 19 mitigation measures, of which 8 are ongoing and applicable and 11 are no longer applicable because they have been completed or have been superseded by changes to various laws or codes. An updated MMRP has been prepared to for the MainPlace Transformation Project Specific Plan. The mitigation measures from the 1983 EIR include measures that are not applicable to the proposed MainPlace Mall Transformation Project, require modifications to reflect the current status of development at the Project site, or have been implemented and do not need to be carried forward. The 1996 Addendum did not identify any additional mitigation measures. The 1983 EIR mitigation measures are listed in the updated MMRP after each topical section. Where any clarifications to the 1983 EIR mitigation measures were necessary, strikeout text is used in the updated MMRP to show deleted wording and underline text is used to indicate wording that has been added. 75D-28 ER No. 2018-72, AA No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project May 13, 2019 Page 13 The MainPlace Transformation Project Addendum concludes no new or substantially greater Impacts would occur with implementation of the proposed Project when compared to those Identified in the 1983 EIR or the 1996 Addendum for: land use; soils and geology; hydrology; biota; archaeology; transportation and circulation; noise; air quality; shadetshadow, solar glare, and Illumination; aesthetics; housing and population; airport; public services and utilities; energy conservation; irreversible environmental changes; and growth inducement. The updated MMRP will continue to mitigate or lessen any impacts already Identified by the 1983 EIR, and any mitigation measures that are no longer applicable have been identified. Economic Analysis At the City's request, the applicant prepared an economic analysis to outline net positive and negative economic and fiscal impacts resulting from the MainPlace Transformation Project. The Net Fiscal Impact & Economic Benefit Analysis, prepared by Kosmont Companies, was peer - reviewed by AECOM and details retail market trends, fiscal impacts, and economic impacts and job benefits. Kosmont's analysis indicates that the entire Specific Plan area at buildout would generate approximately $9.3 million in annual gross fiscal revenues but would create $2.8 million annual gross expenditures, resulting in a net $6.5 million in positive net fiscal impacts. This figure is projected to grow to $8.9 million with Measure K between 2019 and 2028, and $8.1 million thereafter until 2038. In addition to fiscal impacts, Kosmont's analysis indicates that the project is expected to generate over 3,600 full-time jobs during its first phase, which would Increase to 12,700 full-time jobs at full buildout. Additional details are provided in the Net Fiscal Impact & Economic Benefit Analysis, included as Attachment 13 to this staff report. AECOM's peer -review of Kosmont's analysis largely supports the findings of the study and finds that the majority of the study is based on sound methodology. The peer -review indicates that while the methodology of the hotel visitors tax analysis is sound, the average daily rate that is used to calculate tax revenue is slightly lower for the City than the Orange County Market as a whole, by roughly 20 percent, However, the peer -review indicates that the study's analyses of economic benefits, fiscal revenues, sales taxes, and expenditures for service population are consistent with established methodologies. Stratealc Plan Alignment, and Public Notification & Community Outreach The City and applicant conducted extensive community outreach to solicit and incorporate feedback from surrounding neighborhoods, affected public agencies and school districts, and other interested 75D-29 ER No. 2018-72, AA Transformation Project May 13, 2019 Page 14 No. 2018-04, DA No. 2018-02, & TPM No. 2018.01, — MainPlace parties. Community outreach, Strategic Plan Alignment, and Public Notification details are provided in Table 6, below. Table 6: Strategic Plan Alignment, Public Notification, and Community Outreach Strategic Plan Alignment, Public Notification and Community Outreach each Strategic Plan Alignment Goai(s), Policy or _ Approval of this item supports Goal No. 3 Economic Development, Policies Objective No. 2 (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), and Goal No. 5 Community Health, Livability, Engagement and Sustalnability, Objective No. 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective No. 4 (Support nei hbohoocllimlity). oand Pblc Nan 8,vbmunit Outreach Required Measures A community meeting was held on May 31, 2018 at 5:30 p.m. at the MainPlace Mall former Nordstrom building in accordance with the provisions of the City's Sunshine Ordinance. Invitations/notices were mailed to property owners and occupants/tenants in a 600-foot radius from the project site, which exceeds the City's minimum 500-foot radius to ensure neighborhoods across the 1-5 and SR- 22 freeways would receive notice. Over 100 members of the public attended, as well as City staff from various agencies. The applicant provided all the required Information to the City after the meeting. Details from the community meeting were posted to the project's webpage at https:Lwww.saata-ana ora/ob/olla, nnino- division/m alor-plann ing-projects-and-documents/main-place-mall- r nsformati n- rc'ect and are included as Attachment 12 to this staff report. A public noticed was posted on the project site on May 3, 2019. Notification by mail was mailed to all property owners, occupants, and other interested parties within 500 feet of the project site on May 3, 2019. Newspaper posting was published in the Orange County Register on May 3, 2019. Additional The applicant and City staff met with 78 interested groups, neighborhoods, and/or Measures individuals between May 31, 2018 and March 13, 2019. Meetings include those with business leaders/organizations, City Council, Planning Commissioners, other public agency staff, Neighborhood Associations, school board members, and school districts. The City received numerous letters of support for the project. Letters were received from the Bowers Museum, Jack Fisher Park Neighborhood Association, the Orange County Taxpayers Association, the Santa Ana Chamber of Commerce, Santa Ana Police Officers Association, the League of United Latin American Citizens and multiple residents in Santa Ana. 75D-30 ER No. 2018-72, AA No. 2018-04, DA No. 2018-02, & TPM No. 2018-01, — MainPlace Transformation Project May 13, 2019 Page 15 Conclusion Based on the analysis in this report, staff is supportive of Amendment Application No. 2018-04, Development Agreement No. 2018-02, and TPM No. 2018-01 for the MainPlace Transformation Project. Moreover, the proposed Specific Plan, tentative parcel map, and development agreement have been analyzed by an EIR Addendum, which finds that no new significant impacts and/or new mitigation are required as a result of the proposed modifications to the site's existing entitlements. The project will transform an existing regional mail into a mixed -use village that will serve as a catalyst for new investment in that segment of Santa Ana and is a vital economic development strategy for the entire City. Ali Pezeshkpour, AICP Senior Planner AP:sb SAPlanning Commisslon1201915-13-1 MMainPlace Mall TransfonnatlonWainPlace Mail Speclflc Plan TPM and DA for PC.docx Exhibits: 1. Planning Commission Resolution 2. Vicinity Zoning and Aerial View 3. Draft MainPlace Specific Plan (SP-4) 4. Tentative Parcel Map 5. 1983 EIR 6. 1996 Addendum 7. Sunshine Ordinance community meeting materials 8. Net Fiscal Impact & Economic Benefit Analysis (Kosmont) 9. Peer -review of Net Fiscal Impact & Economic Benefit Analysis (AECOM) 10. Parking study 11. Draft EIR Addendum and Technical Appendices 12. Draft Development Agreement 75D-31 This page left blank intentionally. 75D-32 :11-�iil 75D-33 LS 5.13.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE FOLLOWING: (1) ADOPT AN ADDENDUM TO THE ENVIORNMENTAL IMPACT REPORT FOR THE FASHION SQUARE COMMERCIAL CENTER PROJECT (SCH NO. 1983021103) AND RE - ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM (2) AMENDMENT APPLICATION NO. 2018-04; (3) DEVELOPMENT AGREEMENT NO. 2018-02; AND (4) TENTATIVE PARCEL MAP NO. 2018-01 AS CONDITIONED FOR THE PROJECT LOCATED AT 2800 N. MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. MainPlace Shoppingtown, LLC (Applicant) is requesting approval of Amendment Application No. 2018-04 pursuant to Section 41-659 et seq. (Division 2 of Article V of Chapter 41) of the Santa Ana Municipal Code to redesignate the subject property from General Commercial (C-2) to Specific Plan No. 4 (SP-4). B. Applicant is also requesting approval of Development Agreement No. 2018- 02 for a development agreement between the City of Santa Ana and MainPlace Shoppingtown, LLC. C. Applicant is also requesting approval of Tentative Parcel Map No. 2018-01 as conditioned to subdivide the subject property into 10 developable parcels. D. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. During its deliberations, all interested persons were given full opportunity to be heard and present evidence, and the Planning Commission considered the environmental analysis and mitigation measures described in the draft Addendum to the Environmental Impact Report for the Fashion Square Commercial Center Project (SCH No. 1983021103) and Mitigation Monitoring and Reporting Program. E. The Planning Commission has reviewed the information presented in the Request for Planning Commission Action staff report dated May 13, 2019, 75D-34 including any and all attachments therein. F. As part of the recommended action, the City Council will take separate actions on the following: (1) Resolution approving and adopting Addendum to the Environmental Impact Report for the Fashion Square Commercial Center Project (SCH No. 1983021103) and Mitigation Monitoring and Reporting Program, attached and included herein as Attachment A; (2) Ordinance for Amendment Application No. 2018-04, attached and included herein as Attachment B; (3) Ordinance for Development Agreement No. 2018-02, attached and included herein as Attachment C; and (4) Resolution for Tentative Parcel Map No. 2018-01 as conditioned, attached and included herein as Attachment D. Section 2. The Planning Commission has independently reviewed and analyzed the draft Addendum to the Environmental Impact Report for the Fashion Square Commercial Center Project (SCH No. 1983021103) and Mitigation Monitoring and Reporting Program. The Addendum and Mitigation Monitoring and Reporting Program are included as Attachment A to the Request for Planning Commission Action dated May 13, 2019 for the project. Pursuant to CEQA Guidelines Section 15074(a), the Planning Commission considered the analysis and conclusion of the MND as well as the mitigations outlined in the Mitigation Monitoring and Reporting Program. The Planning Commission recommends, as a result of its consideration and the evidence presented at the hearings on this matter, that the City Council determine that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the Planning Commission recommends that the City Council find that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment and the MND reflects the independent judgment and analysis of the City Council. Section 3. This Planning Commission of the City of Santa Ana after conducting the public hearing hereby recommends that the City Council adopts the Addendum to the Environmental Impact Report for the Fashion Square Commercial Center Project (SCH No. 1983021103) and re -adopts the Mitigation Monitoring and Reporting Program, consistent with Public Resources Code section 21081.6; make implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program a condition of approval of the Project; adopt the Mitigation Monitoring and Reporting Program; and direct that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law; adopt an ordinance approving Amendment Application No. 2018-04; recommends that the City Council adopt an ordinance approving Development Agreement No. 2018-02; and recommends that the City Council adopt a resolution approving Tentative Parcel Map No. 2018-01 as conditioned to facilitate construction of the subject development. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, 75D-35 authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this 13th day of May, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson 75D-36 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 13, 2019. Date: Commission Secretary City of Santa Ana 75D-37 This page left blank intentionally. 75D-38 ATTACHMENT A OF EXHIBIT 1 75D-39 LS 5.13.19 CITY COUNCIL RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE FASHION SQUARE COMMERCIAL CENTER PROJECT (SCH NO. 1983021103) FOR THE MAINPLACE MALL TRANSFORMATION PROJECT AND RE -ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, applicant MainPlace Shoppingtown, LLC ("Developer" or "Applicant") proposes the MainPlace Mall Transformation Project ("MainPlace Project") at 2800 N. Main Street ("Property") in the City of Santa Ana ("City'); and WHEREAS, the Property is an approximately 49-acre property and the current site of the existing MainPlace Mall, an enclosed 2- to 3-story shopping center with approximately 1,130,000 square feet of commercial uses; and WHEREAS, the MainPlace Project seeks to revitalize the existing MainPlace Mall to adapt to changing market conditions, facilitate private investment, and provide a long- term development plan for the Property; and WHEREAS, the MainPlace Project proposes a full buildout at the Property of 1,400,000 square feet of commercial, 750,000 square feet of office, 400 hotel rooms, and 1,900 residential units; and WHEREAS, the entitlements sought for the MainPlace Project include adoption of a Specific Plan (Specific Plan No. 4), approval of a Tentative Parcel Map (Tentative Parcel Map No. 2018-01), and approval of a Development Agreement (Development Agreement No. 2018-02); and WHEREAS, in 1983, the City Redevelopment Agency certified the Final Environmental Impact Report ("1983 EIR") for the Fashion Square Commercial Center Project ("Originally Approved Plan"), which analyzed the potentially significant environmental impacts of a mixed -use commercial center with 1,600,000 square feet of commercial space, 1,500,000 square feet of office space, and 1,200 hotel rooms; and WHEREAS, in 1996, Addendum ER 96-033 ("1996 Addendum") to the 1983 EIR was prepared and approved to evaluate a then -proposed expansion of the Originally Approved Plan's commercial uses; and WHEREAS, pursuant to the 1983 EIR as amended by the 1996 Addendum, the Property is currently entitled for up to 1,509,255 square feet of commercial, 1,500,000 square feet of office, and 400 hotel rooms ("Current Entitlements"); and 55394, 0005302005762.1 75D-40 WHEREAS, the Current Entitlements could be developed without any further discretionary permits issued by the City; and WHEREAS, when compared against the Originally Approved Plan, the MainPlace Project represents a reduction of 200,000 square feet of commercial, a reduction of 750,000 square feet of office, a reduction of 800 hotel rooms, and the addition of 1,900 residential units; and WHEREAS, when compared against the Current Entitlements, the MainPlace Project represents a reduction of 109,255 square feet of commercial, a reduction of 750,000 square feet of office, no change in the number of hotel rooms, and the addition of 1,900 residential units; and WHEREAS, when compared against the existing MainPlace Mall, the MainPlace Project would permit the addition of 270,000 square feet of commercial, the addition of 750,000 square feet of office, the addition of 400 hotel rooms, and the addition of 1,900 residential units; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA") and the State CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), the City is the Lead Agency for the MainPlace Project; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has already been certified, the Lead Agency is prohibited from requiring a subsequent or supplemental EIR unless at least one of the circumstances identified in Public Resources Code section 21166 or State CEQA Guidelines section 15162 are present; and WHEREAS, City staff has evaluated the MainPlace Project and considered whether, in light of the impacts associated with its development, any supplemental or subsequent environmental review is required pursuant to Public Resources Code section 21166 or State CEQA Guidelines section 15162; and WHEREAS, based upon the analysis contained in the MainPlace Mall Transformation Project EIR Addendum ("2019 Addendum") City staff has concluded that none of the circumstances described in Public Resources Code section 21166 or State CEQA Guidelines section 15162 have occurred, and thus no supplemental or subsequent EIR is required; and WHEREAS, on May 13, 2019 at a duly noticed public hearing, the Planning Commission considered the 2019 Addendum and recommended its approval to the City Council; and WHEREAS, on June 4, 2019, at a duly noticed public meeting, the City Council has reviewed the Addendum, along with the information in the 1983 EIR and the 1996 Addendum, prior to taking action on the MainPlace Project; and 55394.00053\32005762.t 75D-41 WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated herein by reference. SECTION 2. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, and finds that these documents taken together contain a complete and accurate reporting of all of the potential environmental impacts associated with the MainPlace Project. The City Council further finds that the 2019 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds and determines that the Addendum reflects the City's independent judgment. SECTION 3. Based on the substantial evidence set forth in the record, including but not limited to the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the MainPlace Mall Property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: (a) The MainPlace Project does not constitute a substantial change that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (b) There is not a substantial change with respect to the circumstances under which the MainPlace Project will be developed that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. (c) New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 1983 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially 5 5394.0005 3\32005762.1 75D-42 reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 4. The City Council hereby finds that certain mitigation measures identified in the 1983 EIR remain applicable to the MainPlace Project, while other mitigation measures are no longer applicable on the basis they have already been completed, or have been superseded by law. These findings are laid out more specifically in the Mitigation Monitoring and Reporting Program ("MMRP") attached hereto as Exhibit A. The City Council therefore hereby re -adopts those mitigation measures identified as remaining applicable to the MainPlace Project, through the MMRP attached hereto and incorporated herein as Exhibit A. SECTION 5. The City Council hereby approves and adopts the 2019 Addendum, attached hereto and incorporated herein as Exhibit B. SECTION 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. SECTION 7. The City Council directs staff to prepare, execute and file a CEQA Notice of Determination with the Orange County Clerk's Office within five working days of the City Council's approval of the MainPlace Project. 5 5 394,0005 3\3 20057 62, 1 75D-43 SECTION 8. The 1983 EIR, the 1996 Addendum, and the 2019 Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center Plaza, Santa Ana, California 92802. The custodian of these records is Norma Mitre, Acting City Clerk for the City. SECTION 9. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this 4th day of June, 2019. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck, Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Ordinance No. 2019-xx to be the original ordinance adopted by the City Council of the City of Santa Ana on 2019. Date: 55394M053\32005762.1 Norma Mitre Acting Clerk of the City Council City of Santa Ana 75D-44 55394M053\32005762.1 EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM 75D-45 a d Y y p C. o.: u m v L O pp Y G p� O a` N N N o F 0 3 c v 2 oN v •G Y_ C i O Y Y i y C c U d E K u 0 C O v i v` IO L N A NC O O N U N N f0 C N O O E o Q m E y O O L N O N '`'j T O pp U O y; -� L ❑ a N v U c O 'O C CO o O C fp N A v fp c N N o-> v a =o v < O Q� a M v Q o a n O r s C a u O° o a'� a E z m ao �n N n m o c d Z m a m `o ea �� •a a m c v m m w c w E v i a o �n cm v vi w M..... w w m Y c ti g v m a y o p m Y E ro T Y U C u v 'o E h` O E O. >O OV C UCl W v N O w C `o w�' 75D-46 V v � '6 Y O L E v Y w o Q 3 E e F a v E a v of mv_ 'O iNiwv- v > o v a > > m o 'u > c � s 'c c c m m u n y oc Y .o E E Y C E o u u -am. p a 'a-aCc E a o E ¢ c L v 0 C ry C �.. p E N Yo e C C cYY p N C U C " Q c u M m C U a Qp o u e C v C U u m e m vM a O N m Y m m v*'i C M N m N m ug M E e .O L L O v v v CO v v p t mv�' v v vQi O E<b' mN NYE ww ON 'oOLN° C py 0 12 E E O .4 g❑U C C V L v O C > m +L+ N C N y (0 N o O. 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A 2 c c: m a. u m'l c E F= ?a M N C ° N C d Y i C •Y A v V N�� C � p N yf QU F N E hU9 E h •-, IL- N f0 vi v c N v O N v f0 � v •}'i Easy A p N a `° ° >, v �° c `o v H u A v v x m o v s m m cn a mo c a a�N+ a a>i C N U c A': m ? v in u -p O Y 'O Q N G y ,� f0 O .� _C.0 ,° p �p 7 Y vl G C O y •� W- N m N u N E d >> U 'n Y W O w N () QO 10 vi O p a 0 Y m E V, C H U O. a v v -o v"i v va m e ai Q « v '0 m 0 N i i C G N � N N C RI �. m Y o C m p 00 v L N v c p u c m N v 9 O 75D-62 MAINPLACE MALL TRANSFORMATION PROJECT EIR ADDENDUM The MainPlace Mall Transformation Project EIR Addendum and Technical Appendices is available online at: https://www.santa-ana.org/pb/p Ian n i ng-divisio n/major-plann ing-projects-and- docu ments/main-place-mall-transformation-project Or by visiting: Planning and Building Agency — Planning Division Public Counter 55394.00053\32005762.1 20 Civic Center Plaza Santa Ana, CA 92701 75D-63 This page left blank intentionally. 75D-64 r 75D-65 LS 6.13.19 CITY COUNCIL ORDINANCE NO.2019-xx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-04 FOR THE MAINPLACE MALL SPECIFIC PLAN FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET WHEREAS, the City of Santa Ana ("City") is authorized pursuant to Government Code Sections 65450 through 65457 and the Santa Ana City Charter to adopt specific plans to implement its General Plan by acting as statements of planning policy that refine the general plan policies applicable to a defined area, by directly regulating land use, or by bringing together detailed policies and regulations into a focused development scheme; and WHEREAS, applicant MainPlace Shoppingtown, LLC ("Developer") proposes the MainPlace Mall Transformation Project ("MainPlace Project") at 2800 N. Main Street ("Property") in the City, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the Property is an approximately 49-acre property and the current site of the existing MainPlace Mall, an enclosed 2- to 3-story shopping center with approximately 1,130,000 square feet of commercial uses; and WHEREAS, the MainPlace Project seeks to revitalize the existing MainPlace Mall to adapt to changing market conditions, facilitate private investment, and provide a long- term development plan for the Property; and WHEREAS, the MainPlace Project proposes a full buildout at the Property of 1,400,000 square feet of commercial, 750,000 square feet of office, 400 hotel rooms, and 1,900 residential units; and WHEREAS, the entitlements sought for the MainPlace Project include adoption of a Specific Plan (Specific Plan No. 4) approval of a Tentative Parcel Map (Tentative Parcel Map. 2018-01), and approval of a Development Agreement (Development Agreement No. 2018-02); and WHEREAS, the General Plan land use designation for the Property is District Center and zoning for the Property is General Commercial (C2); and WHEREAS, the proposed MainPlace Mall Specific Plan ("Specific Plan"), attached hereto and incorporated herein as Exhibit B, would regulate and guide land development, design, as well as plan administration and implementation for the Property and the MainPlace Project; and 5 5394.00053\32005777, 1 75D-66 WHEREAS, pursuant to SB 18, which requires local governments to consult with California Native American Tribes before adopting or amending a specific plan, the City contacted the Native American Heritage Commission (NAHC) to request a list of tribes that should be consulted about the MainPlace Project, and NAHC provided a list of six tribes; and WHEREAS, on January 28, 2019, the City formally invited the six Native American Tribes identified by NAHC (Juaneno Band of Mission Indians Acjachemen Nation, Gabrielino-Tongva Tribe, Gabrielino Tongva Indians of California Tribal Council, Gabriel ino/Tongva Nation, Gabrieleno/Tongva San Gabriel Band of Mission Indians, and Gabrieleno Band of Mission Indians —Kith Nation) to consult and none responded requesting consultation; and WHEREAS, the Specific Plan came before the Planning Commission for a duly noticed public hearing on May 13, 2019. At that hearing, the Planning Commission recommended that the City Council approve said Specific Plan; and WHEREAS, the City Council has determined that by adopting the Specific Plan, the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; and WHEREAS, the physical effects, if any, of the MainPlace Project and this Development Agreement have been analyzed pursuant to California Environmental Quality Act ("CEQA") (Pub. Resources Code section 21000 et seq.) in the certified Final Environmental Impact for the Fashion Square Commercial Center Project ("1983 EIR"), Addendum ER 96-033 to that 1983 EIR ("1996 Addendum), and the MainPlace Mall Transformation Project EIR Addendum ("2019 Addendum), and together these documents contain a complete and accurate reporting of all of the potential environmental impacts associated with the MainPlace Project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. CEQA. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: Based on the substantial evidence set forth in the record, including but not limited to the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the MainPlace Mall Property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: A. The MainPlace Project does not constitute a substantial change that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a 55394.00053\32005777.1 75D-67 substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the MainPlace Project will be developed that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 1983 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (Hi) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 2. GENERAL PLAN CONSISTENCY. Based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Specific Plan is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has officially adopted a General Plan. B. The land uses and development authorized by the Specific Plan, and the Specific Plan itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: 1. The existing General Plan land use designation for the Property is District Center —intended to serve as an anchor to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high-rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. 5 5 394.00053\32005777. 1 75D-68 2. The proposed project will support several goals and policies of the General Plan, including: a. Housing Element (HE) Goal 2: Create diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. b. HE Policy 2.2: Create high intensity, mixed -use urban villages and pedestrian -oriented experiences that support the mid- to high-rise office centers, commercial activity, and cultural activities in the varied District Centers. C. HE Policy 4.4: Provide adequate rental and ownership housing opportunities and supportive services. d. Land Use (LU) Element Goal 1: Promote a balance of land uses to address basic community needs. e. LU Policy 1.2: Maintain and foster a variety of residential land uses in the City. f. LU Policy 4.3: Support land uses which provide community and regional economic and service benefits. g. LU Policy 4.4: Encourage the development of projects which promote the City's image as a regional activity center. h. LU Policy 5.5: Encourage development which is compatible with, and supportive of surrounding land uses. i. LU Policy 5.7: Anticipate that the intensity of new development will not exceed available infrastructure capacity. j. Land Use (LU) Element Goal 6: Reduce residential overcrowding to promote public health and safety. k. Urban Design (UD) Element Goal 1: Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. I. LID Policy 1.1: New development and redevelopment must have the highest quality design, materials, finishes and construction. 55394.00053 02005777.1 75D-69 C. The proposed Specific Plan will not adversely affect the public health, safety, and welfare in that the Specific Plan will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. SECTION 3. EFFECTIVENESS. The Specific Plan shall not be effective unless and until the following is adopted and become effective: Resolution No. 2019-xx (2019 Addendum). If the approvals and the Specific Plan are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then the Specific Plan shall be null and void and have no further force and effect. SECTION 4. INDEMNIFICATION. The Developer shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Developer shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Developer of any Action brought and City shall cooperate with Developer in the defense of the Action. SECTION 5. CITY COUNCIL ACTION. The City Council hereby approves the MainPlace Mall Specific Plan, attached hereto and incorporated herein as Exhibit B, and which shall not take effect unless and until the 2019 Addendum is certified by the City Council. SECTION 6. PUBLICATION. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. 5 53 94.00053\32005777.1 75D-70 ADOPTED this 4th day of June, 2019. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck, Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Ordinance No. 2019-xx to be the original ordinance adopted by the City Council of the City of Santa Ana on Date: Norma Mitre Acting Clerk of the City Council City of Santa Ana 55394.00053\32005777.1 75D-71 This page left blank intentionally. 75D-72 EXHIBIT A PROJECT SITE 5 53 94, 0005 3\32005 777.1 75D-73 - ��� 4\�� :..y . :.. . . � .. \ «« §\�� EXHIBIT B MAINPLACE MALL SPECIFIC PLAN The MainPlace Specific Plan (SP-4) is available online at: https://www.sa nta-ana.org/sites/defau lt/fi les/pb/plan n i ng/Fi na I_M ai n Place_SP_On I i ne_Vi ewi n g. pdf 55394.00053\32005777.1 75D-75 This page left blank intentionally. 75D-76 ATTACHMENT C OF EXHIBIT 1 75D-77 LS 5.13.19 CITY COUNCIL ORDINANCE NO. 2019-xx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2018-02 BETWEEN THE CITY OF SANTA ANA AND MAINPLACE SHOPPINGTOWN, LLC FOR THE MAINPLACE MALL TRANSFORMATION PROJECT AT 2800 NORTH MAIN STREET, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ. WHEREAS, the City of Santa Ana ("City') is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process; and WHEREAS, the City has found that development agreements strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, the City enters into this Development Agreement pursuant to the provisions of the Government Code and applicable City policies; and WHEREAS, applicant MainPlace Shoppingtown, LLC ("Developer") proposes the MainPlace Mall Transformation Project ("MainPlace Project") at 2800 N. Main Street ('Property") in the City, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the Property is an approximately 49-acre property and the current site of the existing MainPlace Mall, an enclosed 2- to 3-story shopping center with approximately 1,130,000 square feet of commercial uses; and WHEREAS, the MainPlace Project seeks to revitalize the existing MainPlace Mall to adapt to changing market conditions, facilitate private investment, and provide a long- term development plan for the Property; and WHEREAS, the MainPlace Project proposes a full buildout at the Property of 1,400,000 square feet of commercial, 750,000 square feet of office, 400 hotel rooms, and 1,900 residential units; and WHEREAS, the entitlements sought for the MainPlace Project include adoption of a Specific Plan (Specific Plan No. 4) approval of a Tentative Parcel Map (Tentative 5 53 94,00053\32005 772, 1 75D-78 Parcel Map. 2018-01), and approval of a Development Agreement (Development Agreement No. 2018-02); and WHEREAS, the Development Agreement, attached hereto as Exhibit B, came before the Planning Commission for a duly noticed public hearing on May 13, 2019. At that hearing, the Planning Commission recommended that the City Council approve said Development Agreement; and WHEREAS, entering into this Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the Developer to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process; and WHEREAS, the Project and the use that the Developer proposes in connection with the Property have been extensively reviewed and considered by the City, and such proposed development and use have been found to accommodate the City's recommendations and suggestions in order to protect the public's interest to enhance the desirability of such proposed development and use. The terms and conditions of this Development Agreement have been found to be fair, just and reasonable, and the City has concluded that the pursuit of the MainPlace Project will serve the interests of the City; and WHEREAS, the City Council has determined that by entering into the Development Agreement, the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; and WHEREAS, the physical effects, if any, of the MainPlace Project and this Development Agreement have been analyzed pursuant to California Environmental Quality Act ("CEQA") (Pub. Resources Code section 21000 at seq.) in the certified Final Environmental Impact for the Fashion Square Commercial Center Project (" 1983 EIR"), Addendum ER 96-033 to that 1983 EIR ("1996 Addendum), and the MainPlace Mall Transformation Project EIR Addendum ("2019 Addendum), and together these documents contain a complete and accurate reporting of all of the potential environmental impacts associated with the MainPlace Project; and WHEREAS, the City and Developer have reached mutual agreement and desire to voluntarily enter into the Development Agreement to facilitate development of the Project subject to the conditions and requirements set forth therein; and WHEREAS, the terms and conditions of the Development Agreement have undergone review by the City Council at a publicly noticed hearing and have been found to be fair, just, and reasonable, and consistent with the General Plan; and WHEREAS, the proposed Project is consistent with the MainPlace Specific Plan. 55394.00053\32005772,1 75D-79 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. CEQA. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: Based on the substantial evidence set forth in the record, including but not limited to the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the MainPlace Mall Property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: A. The MainPlace Project does not constitute a substantial change that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the MainPlace Project will be developed that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 1983 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 2. GENERAL PLAN CONSISTENCY. Pursuant to California Government Code section 65867.5(b) and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is compatible with the objectives, 5 53 94.0005 3\3 2005 772.1 75D-80 policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has officially adopted a General Plan. B. The Development Agreement is compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: 1. The existing General Plan land use designation for the Property is District Center —intended to serve as an anchor to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high-rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. 2. The proposed project will support several goals and policies of the General Plan, including: 5 5 3 94,0005 3\3 2005772. l a. Housing Element (HE) Goal 2: Create diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. b. HE Policy 2.2: Create high intensity, mixed -use urban villages and pedestrian -oriented experiences that support the mid- to high-rise office centers, commercial activity, and cultural activities in the varied District Centers. c. HE Policy 4.4: Provide adequate rental and ownership housing opportunities and supportive services. d. Land Use (LU) Element Goal 1: Promote a balance of land uses to address basic community needs. e. LU Policy 1.2: Maintain and foster a variety of residential land uses in the City. f. LU Policy 4.3: Support land uses which provide community and regional economic and service benefits. g. LU Policy 4.4: Encourage the development of projects which promote the City's image as a regional activity center. h. LU Policy 5.5: Encourage development which is compatible with, and supportive of surrounding land uses. 75D-81 LU Policy 5.7: Anticipate that the intensity of new development will not exceed available infrastructure capacity. Land Use (LU) Element Goal 6: Reduce residential overcrowding to promote public health and safety. k. Urban Design (UD) Element Goal 1: Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. I. LID Policy 1.1: New development and redevelopment must have the highest quality design, materials, finishes and construction. C. The proposed Development Agreement will not adversely affect the public health, safety, and welfare in that the Development Agreement will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. SECTION 3. EFFECTIVENESS, The Development Agreement shall not be effective unless and until the following are adopted and become effective: Resolution No. 2019-xx (2019 Addendum) and Ordinance No. 2019-xx (MainPlace Specific Plan). If these approvals and Development Agreement are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then the Development Agreement shall be null and void and have no further force and effect. SECTION 4. INDEMNIFICATION. The Developer shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is 5 5 394,000 53\32005772. 1 75D-82 expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Developer shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Developer of any Action brought and City shall cooperate with Developer in the defense of the Action. SECTION 5. CITY COUNCIL ACTION. The City Council approves Development Agreement No. 2019-xx, attached hereto and incorporated herein as Exhibit B, and which shall not take effect unless and until the 2019 Addendum and the MainPlace Specific Plan are approved by the City Council. SECTION 6. PUBLICATION. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this 4th day of June, 2019. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck, Assistant City Attorney Miguel A. Pulido Mayor 55394,00053\32005772A 75D-83 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. 2019-xx to be the original ordinance adopted by the City Council of the City of Santa Ana on 2019. Date: 55394.00053\32005772.1 Norma Mitre Acting Clerk of the City Council City of Santa Ana 75D-84 55394.00053\32005772.1 EXHIBIT A PROJECT SITE 75D-85 WIF7 ,� 1 1 ;4t EXHIBIT B DEVELOPMENT AGREEMENT The MainPlace Mall Transformation Project Development Agreement is available online at: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and-documents/main-place-mall- 55394.00053\32005772.1 tra nsform ation-project 75D-87 This page left blank intentionally. 75D-88 ATTACHMENT D OF EXHIBIT 1 75D-89 LS 5.13.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2018-01, AS CONDITIONED, TO ALLOW SUBDIVISION OF SIX EXISTING PARCELS INTO 10 PARCELS FOR THE MAINPLACE MALL AT 2800 NORTH MAIN STREET WHEREAS, applicant MainPlace Shoppingtown, LLC ("Developer" or "Applicant') proposes the MainPlace Mall Transformation Project ("MainPlace Project') at 2800 N. Main Street ("Property") in the City; and WHEREAS, Developer is requesting approval of a Tentative Parcel Map to allow the subdivision of six existing parcels (APNs 002-210-48, 002-221-27, 002-221-30, 002- 221-51, 002-221-52, 002-222-01) into 10 parcels for the MainPlace Mall at 2800 North Main Street; and WHEREAS, as part of this project, Developer also requested adoption of the proposed MainPlace Mall Specific Plan, for recommendation by the Planning Commission and approval by the City Council; and WHEREAS, Santa Ana Municipal Code section 34-127 authorizes the Planning Commission to review and approve a Tentative Parcel Map; and WHEREAS, on May 13, 2019, the Planning Commission held a duly noticed public hearing on Tentative Parcel Map No. 2018-139; and WHEREAS, the Planning Commission has determined that the required findings, which must be established in order to grant Tentative Parcel Map No. 2018-139, have been established as required by Santa Ana Municipal Code; and WHEREAS, the physical effects, if any, of the MainPlace Project and this Tentative Parcel Map have been analyzed pursuant to California Environmental Quality Act ("CEQA") (Pub. Resources Code section 21000 et seq.) in the certified Final Environmental Impact for the Fashion Square Commercial Center Project ("1983 EIR"), Addendum ER 96-033 to that 1983 EIR ("1996 Addendum"), and the MainPlace Mall Transformation Project EIR Addendum ("2019 Addendum"), and together these documents contain a complete and accurate reporting of all of the potential environmental impacts associated with the MainPlace Project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. CEQA. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: 55394.00053\32005824.1 75D-90 Based on the substantial evidence set forth in the record, including but not limited to the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, the Planning Commission finds that an addendum is the appropriate document for disclosing the changes to the MainPlace Mall Property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: A. The MainPlace Project does not constitute a substantial change that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the MainPlace Project will be developed that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 1983 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 2. FINDINGS. Based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby determines that following findings, which must be established in order to grant Tentative Parcel Map No. 2018-01, have been established as required by Santa Ana Municipal Code: A. The proposed project, as conditioned, and its design and improvements are consistent with the District Center designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. 55394.00053\32005824.1 75D-91 Tentative Parcel Map No. 2018-01, as conditioned, and its design and improvements will be consistent with the District Center (DC) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. The proposed subdivision is consistent with: 1. Housing Element (HE) Goal 2: Create diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. 2. HE Policy 2.2: Create high intensity, mixed -use urban villages and pedestrian -oriented experiences that support the mid- to high-rise office centers, commercial activity, and cultural activities in the varied District Centers. 3. HE Policy 4.4: Provide adequate rental and ownership housing opportunities and supportive services. 4. Land Use (LU) Element Goal 1: Promote a balance of land uses to address basic community needs. 5. LU Policy 1.2: Maintain and foster a variety of residential land uses in the City. 6. LU Policy 4.3: Support land uses which provide community and regional economic and service benefits. 7. LU Policy 4.4: Encourage the development of projects which promote the City's image as a regional activity center. 8. LU Policy 5.5: Encourage development which is compatible with, and supportive of surrounding land uses. 9. LU Policy 5.7: Anticipate that the intensity of new development will not exceed available infrastructure capacity. 10.Land Use (LU) Element Goal 6: Reduce residential overcrowding to promote public health and safety. 11. Urban Design (UD) Element Goal 1: Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. 12. UD Policy 1.1: New development and redevelopment must have the highest quality design, materials, finishes and construction. 55394.00053\32005824.1 75D-92 B. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as all other applicable City ordinances, including the proposed MainPlace Mall Specific Plan. Tentative Parcel Map No. 2018-01, as conditioned, will conform to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the provisions of Chapter 34 and 41 of the Santa Ana Municipal Code including parking, setbacks and height. In addition, Covenants, Conditions and Restrictions (CC&Rs) will address issues such as drainage, reciprocal access, landscaping and maintenance that will be recorded prior to approval of the final map. C. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The existing buildings on the project site were constructed in compliance with applicable city standards at the time of construction. All anticipated new construction or building expansions will be subject to the development standards in the proposed Specific Plan No. 4 (Ordinance NS-XXXX). Any future development will comply with the provisions of the Santa Ana Municipal Code and Specific Plan No. 4. D. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Since the project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. E. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. All necessary utilities and infrastructure improvements currently exist and comply with City standards. All new infrastructure required will be constructed per the standards in Specific Plan No. 4 (Ordinance NS-XXXX). Therefore, approval of this subdivision will not cause any serious public health problems. 55394, 0005 3\3 2005 824.1 75D-93 F. The design or improvements of the proposed project will not conflict with the easements necessary for public access through or use of the property within the proposed project. The designs or improvements associated with approval of the tentative parcel map will not conflict with easements necessary for public access through or use of the property within the proposed project. The project site will allow for shared common access within development, which is outlined in the CC&Rs. The CC&Rs will ensure all ingress and egress easement and access will be maintained for the project site. SECTION 3. EFFECTIVENESS. Approval of the Tentative Parcel Map shall not be effective unless and until the following are adopted and become effective: Resolution No. 2019-xx (2019 Addendum) and Ordinance No. 2019-xx (MainPlace Mall Specific Plan). If the approvals and the Specific Plan are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Tentative Parcel Map approval shall be null and void and have no further force and effect. SECTION 4. CITY COUNCIL ACTION. The City Council hereby approves Tentative Parcel Map No. 2018-01, as conditioned, and which approval shall not be effective unless and until the City Council approves the 2019 Addendum and the MainPlace Mall Specific Plan. The conditions of approval are included herein and attached as Exhibit A. SECTION 5. INDEMNIFICATION. The Developer shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Developer shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the 55394.00053\32005824, t 75D-94 Developer of any Action brought and City shall cooperate with Developer in the defense of the Action. ADOPTED this 4th day of June, 2019. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck, Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Ordinance No. 2019-xx to be the original ordinance adopted by the City Council of the City of Santa Ana on 2019. Date: 5 53 94. 0005 3\32005 824. 1 Norma Mitre Acting Clerk of the City Council City of Santa Ana 75D-95 EXHIBIT A Conditions for Approval for Tentative Parcel Map No. 2018-01 Tentative Parcel Map No. 2018-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the tentative tract map. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2018-17. 2. The project and map shall comply at all times with the requirements listed in the attached Public Works Agency memorandum dated May 8, 2019 and attached hereto. 3. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 4. Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the project to the case planner for review and approval prior to the final map being recorded 5. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 6. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 7. The property owner shall be responsible for maintaining the lots free from debris, overgrown vegetation, and graffiti. The property owner shall provide as part of the Covenants, Conditions and Restrictions (CC&Rs) that the owner of each condominium shall immediately remove any graffiti placed thereon. Any graffiti must be removed within 24 hours 5 5 394.00053\32005 824.1 75D-96 8. The final map must be approved and recorded prior to issuance of permits for all on - site improvements such as, but not limited to the sidewalk and driveway apron improvements. 9. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. Prior to approval of Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. 10. Prior to submittal of the final map, submit a management plan per Section 34-184 of the Santa Ana Municipal Code. 11. Prior to submittal of the final map, submit a conversion plan per Section 41-1804 of the Municipal Code. 12. Landscaping shall be maintained in compliance with the submitted plan. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. 13. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Project's CC&R's with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the 55394.00053\32005824.1 75D-97 timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. 55394,00053\32005824.1 75D-98 MEMORANDUM - wy4 a — To: Ali Pezeshkpour, Principal Planner Planning & Building Agency Date: May 8, 2019 Ehab Elias, Assistant Engineer NPDES PRIORITY PROJECT From: Public Works Agency Subject: DP #2018-17RR AT 2800 NORTH MAIN STREET; AP #002-210-48, 002-221-27, 002-221-28 (Macy's), 002-221-30, 002-221-51, 002-221-52, 002-222-01 PURPOSE: MAINPLACE SHOPPINGTOWN, LLC PROPOSES A MASTER PLAN TO ENTITLE UP TO 1,900 NEW RESIDENTIAL UNITS AS PART OF MASTER PLAN PREVIOUSLY ANALYZED IN 1983 AND AGAIN IN 2000 THAT ALSO INCLUDED UP TO 400 HOTEL ROOMS, 1,400,000 SQUARE FEET OF RETAIL SPACE, AND UP TO 750,000 SQUARE FEET OF OFFICE SPACE. THE PROJECT REQUIRES APPROVAL OF A NEW SPECIFIC DEVELOPMENT (SD) ZONING DISTRICT AND AN EIR ADDENDUM.. PROJECT: MAINPLACE MALL REVITALIZATION MASTER PLAN The Public Works Agency has reviewed the proposed project. To ensure that the requirements of the Santa Ana Municipal Code are met, the developer must obtain approvals from the Public Works Agency at four different phases of the development process — 1) Prior to Site Plan Approval (Including Tentative Map Approval); 2) Prior to the recordation of final map; 3) Prior to Submittal into Building plan check; 4) Prior to Issuance of a Building Permit; and 5) Prior to release of utilities or a certificate of occupancy. The details of all approvals are as follows: A. Prior to site plan approval (Including Tentative Tract Man Approval), complete the following: 1. The Public Works Agency is providing site plan review comments identifying the major components required for this project which will provide further direction for construction/implementation as deemed necessary, but not limited to, the Environmental Impact Report (E.I.R.) Addendum, as well as Traffic Impact Analysis, Drainage Study, Hydrology/Hydraulics Study, Water Demand Study, Water Supply Assessment Study, Sewer Feasibility Study, and Preliminary Water Quality Management Plan if applicable at the sole expense of developer/applicant. .;, e .. 75D-99 •� ._ -5, Revise the site plan4mative map to show all proposed parG@ls with aceess 4em a private or ^ublie s'-ee .-Confirm with planning if a separate letter lot is required for common areas. 8. Revise Hydrology and Hydraulics Study per attached comments Exhibit "C", further comments and project requirement for mitigation measure may apply after clarification based on revisions. 75D-100 DIE rfSG!!*�1SSeflSltF.EtelEfllS.lrRRTNff!T�',f�d.!ll�7l. .e5l�ieSEi -- - EIR�.TJ r . TT.![ll:SEST.I:F.tS...�!!�S'.ESIF!lRtl�5l�l�TRf-}S7-�FISl�J-_T_S!l�SlR!1 �� r _ \ _ _ ., 1� __ �,.Addressed Mil 75D-101 ON _� r •r� .. _�. „ 1 . •1 0-11111 . 11 _r F-0 and approval. The TIA shall inelude, but shall not b a limited to Submitted and under review. OWN The detailed seepe ef woAE will be previded to the eensultaRt. if you have any questions regarding the soope of work pleaqe onntaot Zed Vol ..1,. Senior Gi it Hagineef, .,t (71 A) Please address the following comments of the T1A Add te the,,4pets the, intentionally left blapdE tah1pq Apd a) page ntHnbers of rmwan Wit1,i« t1,e .o«,. i1afieus pages, qM ..:L_T�. me 75D-102 r W"Wwlr. � . .. . . . . . . . . . . . . . .. . // i MOMMIgAlff 75D-103 Comments on Administrative Draft - MainPlace Specific Plan 1) Page 2-16, Section 2.6.1.1) Broadwav: a) Second to last sentence is an incorrect statement. The HOV ramp is not off Broadway, it is off Main Street. Also, note that the access to the HOV ramp at Main St was eliminated on April 2019. "An HOV ramp from Broadway provides access to Interstate S near the Discovery Science Center, south of MainPlace. " Upon review of comments above, please contact Ruben Castaneda with any questions at rcastaneda@santa-ana.org. draining the site without @-xeeeding the sapaeity of any street or adjaeent qte;4n d-r-ain faeilit�- and reoemm@ndations mitigating any defieieneies generated from the pan 09. Submitted under review, 75D-104 ".: " . �.. - - - , illiMill"Wip" oil 75D-105 of way is subject to approval by the Enwirenmental and TF�sportatiefi Advisef) Committee (ETAG). A letter requesting the removal of existing street tree(s) that eenfliot 5with t4e proposed irnprevomofAs will be provided to the City of Santa Ana prior to site 23. Pay all related plan checking deposits for required Public Works Agency submittals. These include preliminary WQMPs, preliminary grading plans, traffic control study, drainage study, sewer capacity analysis and hydrological study. These may be paid at the Public Works counter at the time of submittal of these items, Not Paid, Please make the next submittal at the Development Engineering Counter and Pay related review fees. a. Preliminary Water Quality Management Plan (WQMP)/surface drainage/utility plan should depict all applicable "Site Design," structural "Source Control," and "Treatment Control" Best Management Practices (BMPs) in accordance with the most current Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP) 75D-106 b. The site plan shall incorporate improvements as determined by the Public Works Agency from the review of the preliminary WQMP and surface drainage plan. c. The site plan to incorporate construction of any proposed "Site Design", BMPs, (such as walkways with open joints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into drainage system, etc.) to minimize the impervious areas and to maximize permeability and natural areas. Reference the most current Orange County DAMP and the LIP. d. Any proposed "Treatment Control" BMPs using the Best Available Technology (such as biofilters, dry or wet detention basins, landscape detentions, wet ponds or wetlands, drainage inserts, filtration basins, etc.) and recommended sizing calculations near pollutant source, so as to infiltrate and filter the pollutants of concern in post development runoff flow prior to its discharge into any receiving body of water or urban storm drain. Reference the most current Orange County DAMP and the City of Santa Ana LIP. e. All new developments and significant redevelopments require preparation of a NPDES post -construction storm water management plan in accordance with the most current Orange County DAMP and the City of Santa Ana LIP that includes all applicable BMPs for this "Priority Project." f. Add a note to the site plan and the tentative map to read "The BMPs, shown on the approved site plan are only preliminary and will be revised or modified as necessary upon completion of the WQMP. Prior to the issuance of the grading permit, the approved grading/utility plan shall incorporate all required Structural BMPs. For assistance and an informational handout (including a WQMP template)," Not Noted. .,the site plan to add the riete "This site will be designed arid earistmeted in iteeer-danee with the Ca4ifemia Regional Water Qual'y Control Board Sarita-A*&R-egieft B. Prior to the recordation of final man, complete the following: 1. Submit and have approved Street Improvement Plans prepared by a registered civil engineer for constriction of all new public improvements, including mitigation findings of Environmental Impact Report (E.I.R.), Traffic Impact Analysis, Drainage Study, Hydrology/Hydraulics Study, Water Demand Study, Water Supply Assessment Study, 75D-107 Sewer Feasibility Study, and Preliminary Water Quality Management Plan necessary to support that phase of development being proposed. (Added to continent EE) 2. Submit and have approved Street Improvement Plans prepared by a registered civil engineer for construction of bikelane along MainPlace Mall Drive including sandblasting of existing striping, slurry seal of new pavement and striping of new lanes prior to recordation of first phase of development being proposed. (Added to comment EE) I. Construct sidewalk along Mainplace Drive necessary to support that phase of development being proposed. The sidewalk shall connect to an existing City sidewalk directly or through an accessible path of travel through private property with proper pedestrian signage and easements. (New comment EE) 2. Complete street vacation process for portion of Main Place Drive to be abandoned in advance of the recordation of parcels 1, 2, and/or 9. (Added to comment EE) 3. Complete construction of, or provide a bond for all public and private water and sewer improvements necessary to support that phase of development being proposed. (Added to comment EE) 4. Provide required easements, through a final map, separate instrument or equivalent document for all public water and sewer improvements necessary to support that phase of development being proposed. (Added to comment EE) 5. Provide required CC&R for maintenance and cost sharing responsibility for all private water and sewer improvements necessary to support that phase of development being proposed. (New comment EE) 6. Complete construction of, or provide a bond for all public improvements as shown on the site plan, tentative map and all requirements hereon necessary to support that phase of development being proposed. (Added to comment EE) C. Prior to Submittal into Building plan check, complete the following: Submit to the Public Works agency any of following as applicable to the project: begin review process of surface drainage/grading/utility plans, erosion control plan, water quality management plan, street improvement plan, copy of the Storm Water Pollution Prevention Plan, State Water Board WDID number, street vacation, CC&Rs, easements and parcel map as described below under "Section C. Prior to issuance of building permit', by making the initial submittal of the listed plans and maps, and paying the required fees. D. Prior to issuance of a building permit, complete the following: 75D-108 1. Provide two copies of the approved WQMP that include the following: a. Site Assessment. b. Site Design BMPs. c. Applicable Routine Source Control BMPs. d. Selection and sizing of the Treatment Control BMPs. e. Mechanism(s) by which funding for long-term operation and maintenance of all Structural BMPs will be provided. f. Operation and Maintenance (O&M) Plan to describe the long-term operation and maintenance requirements of all applicable Structural BMPs and to identify the entity in charge of implementation. Note: All new developments and existing facilities with significant redevelopment, irrespective of their size or category (Priority or Non -priority) shall provide and have approved a WQMP prior to the issuance of a grading permit. The WQMP document shall describe all applicable BMPs consistent with the approved surface drainage/grading plan. contact Mindy Ly at (714) 647-5665 for assistance. 2. Submit, for review and approval, a surface drainage/grading/erosion control plan, prepared by a registered civil engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. The plan shall depict all applicable "Site Design," structural "Source Control," and "Treatment Control' BMPs in accordance with the most current Orange County DAMP and the City of Santa Ana LIP. Complete street vacation process for portion of Main Place Drive to be abandoned prior to the issuance of building permits on parcel 1 or parcel 9, adjacent to the portion of Mainplace Drive to be vacated.. (Added to cormnent EE) 4. Submit and have approved Street Improvement Plans, prepared by registered civil Engineer(s) for construction of all improvements identified in the approved site plan, and traffic and drainage mitigation measures necessary to support that phase of development being proposed. (New comment EE) 75D-109 5. Construct, or post a bond for, all improvements approved per the site plan, street improvement plans, and mitigation measures necessary to support that phase of development being proposed. (New comment EE). 6. Process and record the following: a. Final Map for the parcel that the building is located on. b. Covenants, Conditions, Restrictions and Easements (CC&Rs) or equivalent document for the maintenance and cost sharing responsibility of the future common utility facilities serving the proposed sites. c. Street abandonment deeds and legal descriptions if the building is located on parcel 1. or parcel 9. d. Easements for all public water and sewer improvements either by separate instrument or equivalent document. e. Agreement for installation of public improvements along with bonds or cash deposit. 7. Pay the required fees as follows: a. Plan Check Fee (WQMP, final map, CC&Rs, grading, dedication, and street improvement). b. Transportation System Improvement Area (TSIA) fees. c. Sewer Connection Fee - Based on the number of plumbing fixture units at the current cost per unit. The Public Works Agency will require a set of both plumbing and floor plans showing existing and new plumbing fixtures for all proposed development, including retail shops, office buildings, hotel and residential units. d. Orange County Sanitation District (OCSD) - Please check with OCSD for the latest fee for all new improvements.) e. Revise the site plan to depict and add a note on the plans to read, appropriate Back Flow Preventer required for all fire services, domestic and landscape water meter per grading and street improvement plans. f. Fair share fees, if required. 75D-110 g. Any proposed project, which includes a Food Service Establishment, shall comply with City's Ordinance No. NS-26-70 for Fat, Oil, and Grease (FOG) Control Program, and its subsequent requirement for construction of a Grease Interceptor. Developer shall contact City's Planning and Building Department to incorporate design of the required grease interceptor of adequate size, into the project's plumbing plans, and to determine an appropriate location for it within the project site. h. Drainage Assessment area fee. Note: The above fees are current and subject to change. The applicant must pay the prevailing rate at the time payment is made. Federal Clean Water Protection Enterprise Fee Surcharge of 26% added to public improvement plan check, sewer lateral/water service, street work permit, and grading permit fees. Street work shall be required to be performed by a licensed contractor. The contractor must provide the following prior to issuance of the street work permit. a. A City of Santa Ana business license. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney. c. A Contractors license (with approved classification). d. Proof of Worker's Compensation Insurance. e. Two (2) sets of the approved street improvement plans and traffic control plans. If there are any new connections to the City's Water Main, provide an approved application for installation of Water Service. For an application, Contact Water Division, at (714) 647-3320, for assistance. 9. Should the developer seek a building permit release or recordation of the final map prior to completing the off -site improvements, the developer must provide a cash bond (or cash deposit) in an amormt specified by the City of Santa Ana upon approval of all improvement plans and unit quantities. This cash bond (or cash deposit) shall guarantee the construction of all necessary improvements. The cash deposit shall be released after the passage of the mechanics lien period from the date that all improvements have been completed and the street work permit has been signed off by the Public Works Agency's Construction Inspector. The deposit amormt will be determined based upon grading and street improvement plans. 75D-111 General requirements (Water): 1. A complete Water Supply Assessment (WSA) required for this project. The developer is required to complete WSA prior to any permit issuance. 2. An updated 2000 Master Plan Analysis required. 3. Arrange for installation of any needed new, relocation or upgrading of any existing domestic or irrigation WATER SERVICES and WATER MAINS as required by the Public Works Agency. These facilities will be designed and installed in conformance with the City of Santa Ana Standards and approved plans. The developer shall abandon all non -used existing water services and meters at the main per City Standards, salvage and return the meter to the City Yard. The developer's engineer (License Civil Engineer) and contractor (required General Engineering "A" or a "C-34" Contracting License) will do design and installation of new water services following the issuance of a water application and a street work permit (if applicable). Demand calculations per gallon per minute for size determination are required for all domestic and irrigation water meters. Contact Water Division, at (714) 647-3320, for assistance. Note: Separate landscape irrigation water service/meter shall be used to irrigate all non- residential/commercial irrigated landscapes of 1,000 sq. ft. and residential irrigated landscape of 5, 000 sq. ft. or greater. It is required, a proper size water meter to be designed to supply the project's landscape irrigation system. Note: The City of Santa Ana recommends the use of Weather Based Irrigation Controllers" Smart Timers" and Rotating Nozzles for Pup -up Spray Heads to be used on your irrigation systems. For a listing of approved equipment and possible rebates, please go to wwww.bewaterwise.com; Contact Water Ouality Inspector at (714) 647-3341 for assistance. 4. Arrange for installation of any new, relocation or upgrading of any existing FIRE PROTECTION FACILITIES as required by the City of Santa Ana Fire Department. It is required, that these facilities to be installed in conformance with the City of Santa Ana Standards and approved plans. The developer's engineer (License Civil Engineer) 75D-112 and contractor (requiring General Engineering "A" or a "C-34" license) will do design and installation. All residential units require individual meters, master meter for the building with individual private meters for each unit. Provide fire flow calculations for fire line and bacicflow device suggested sizing. Contact OCFA Plan Check, at (714) 573-6126, for assistance. 5. Prior to turning on any water meters (domestic and irrigation) and/or fire services, arrange for installation, testing and certification of all needed BACKFLOW PROTECTION DEVICES, whether such devices are shown on the project plans or not. The developer in conformance with the code, regulations and the City of Santa Ana requirements will install approved bacicflow devices on -site. (Please obtain latest list of approved backflow prevention assemblies from USC foundation for Cross Connection Control and Hydraulic Research.) General requirements (Sewer): All new development projects fronting OCSD sewer shall construct a new City owned sewer main and be served by a separate and new sewer lateral connection(s) to serve each individual lot or parcel. Use of a common or shared sewer lateral/system among separate commercial/industrial parcels or residential lots (with no direct public sewer access) is only allowed if a CC&R for maintenance and cost sharing responsibility of such laterals/systems is prepared and recorded. (Added to comment by Rudy Rosas) 2. A complete Sewer Feasibility Study (SFS) required for this project. It is required to complete SITS prior to any permit issuance. 3. The Developer shall arrange for the design and construction of a new sewer mains as well as sewer lateral(s) per City of Santa Ana Standards and approved Improvement Plans, following the issuance of a Street Work Permit. The developer's engineer (License Civil Engineer) and contractor (requiring General Engineering "A" or a "C-34" license) will do design and installation. 4. Use of a common or shared sewer lateral/system among separate commercial/industrial parcels or residential lots (with no direct public sewer access) only allowed if a CC&R for maintenance and cost sharing responsibility of such laterals/systems prepared and recorded. 75D-113 5. OCSD officials shall approve construction of a new or using an existing OCSD sewer lateral connection in advance (if applicable). The developer shall submit design plans to OCSD for review and approval. After approval of the design connection plans by OCSD, the City of Santa Ana will process an OCSD connection permit. Upon payment of applicable OCSD permit inspection fees, a connection permit will be issued to the developer by OCSD 6. Any existing sewer lateral(s) serving the project site shall be capped and abandoned at the main line per City of Santa Ana standards, (contact Mir Fattahi for the latest sewer abandonment standard.) Contact Water Division, at (714) 647-3320, for assistance. D. Prior to release of utilities or a certificate of occupancy, complete the followin¢: 1. Complete construction of all the required improvement in the public right-of-way necessary to support that phase of development being proposed and provide a copy of the signed off street work permit. (Added to comment EE) Please contact Ehab Elias, at (714) 647-5627, for assistance regarding the above requirements. 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UARIr-'' CC3MMERCIAL CENTF VOLUME ..PR EPARED FOR THE CITY 00 SANTA ANA COMMUNITY REDEVELOPMENT AGENCY 0. r�. !'PREPARED BY ULTRAE�YSTEMSm INC. °16®45 VONCALIFORNIA 92714 75D� NE' e-Yo1d.l RS3-7000- FINAL ENVIRONMENTAL IMPACT REPORT CITY OF SANTA ANA REDEVELOPMENT PROJECT FASHION SQUARE COMMERCIAL CENTER -' PREPARED FOR:,. THE CITY OF SANTA ANA COM:iUNITY REDEVELOPMENT AGENCY PREPARED BY: ULTRASYSTEMS, INC. 16845 VON KARMAN AVENUE IRVINE, CALIFORNIA 92714 SEPTEMBER, 19083 4123 75D-133 TABLE OF CONTENTS Section Page 1.0 INTRODUCTION . . . . . . . . . . . . . . . . . . . . 1 2.0 GENERAL SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES . . . . . . . . . . . 3 2.1 Land Use . . . _ . . . . < _ . , _ . • • 3 l: 2.2 Soils and Geology . . . . . . . . . . . . . . 4 2.3 Hydrology . . . . . . . . . . . . . . . . . . 4 2.4 Biota . . . . . . . . . . . . . . . . . . . 5 2.5 Archaeology . . . . . . . . . . . . . . . . . 5 2.6 Traffic and Circulation . . . . . . . . . . . 6 2.7 Noise . . . . . . . . . . . . . . . . . . 8 2.8 Air Quality . . . . . . . . . . . . . . . . . 8 2.9 Shade/Shadow, Glare, Illumination . . . . . . 10 2.10 Aesthetics . . . . . . . . . . . . . . . 11 2.11 Housing/Population . . . . . . . . . . . . . . 12 r.: 2.12 John Wayne Airport , . . . . . . . . . 12 2.13 Public Services and Utilities . . . . . . . . 13 2.14 Energy Conservation . . . . . . . . . . . . . 16 3.0 PROJECT DESCRIPTION . . . . . . . . . . ... . . . . . 18 3.1 Location and Boundaries . . . . . e e . . . 18 3.2 Discretionary Actions ' s 18 3.3 Statement of Objectives . . . . . . . . . . . 25 3.4 Project Characteristics . . . . . . . . . . . 27 4.0 REGIONAL SETTING AND RELATED PROJECTS . . . . . . . . 30 �} 5.0 DISCUSSION OF THE ENVIRONMENTAL SETTING, IMPACTS AND MITIGATION MEASURES . . . . . . . . . . . 33 5.1 Land Use . . . . . . . . . . . . . . . . . . . 33 `L 5.1.1 Environmental Setting . . . . . . . . 33 5.1.2 Impacts . . . . . . . . . . . . . 49 5.1.3 Mitigation Measures . . . . 56 5.1.4 Significant Environmental Effects 57 5.2 Soils and Geology . . . . . . . . . . . . . . . 58 5.2.1 Environmental Setting . . . . . . . . 58 5.2.2 Impacts . . . . . . . . . . . . . 59 5.2.3 Mitigation Measures . . . 60 5.2.4 Significant Environmental Effects . , 60 75D-134 i aC W1 . . ;w11 Yptfma TABLE OF CONTENTS (CONTINUED) Section page 5.3 Hydrology . . . . . . . . . . . . . . . . . . . 61 5.3.1 Environmental Setting . . . . . . . . . 61 5.3.2 Impacts . . . . . . . . . . . . . 61 5.3.3 Mitigation Measures . . . . . . . . . . 62 5.3.4 Significant Environmental Effects . . . 62 5.4 Biota . . . . 63 5.4.1 Environmental Setting . . . . . . . . . 63 5.4.2 Impacts . . . . . . . . . . . . . 63 5.4.3 Mitigation Measures . . 64 5.4.4 Significant Environmental Effects . . . 64 5.5 Archaeology . . . . . . . . . . . . . . . . . . 65 L' 5.5.1 Environmental Setting . . . . . . . . . 65 5.5.2 Impacts . . . . . . . . . . . . . 165 I=; 5.5.3 Mitigation Measures . . . . . . 65 5.5.4 Significant Environmental Effects . . . 65 t; 5.6 Traffic and Circulation . . . . . . . . . . . . 66 5.6.1 Environmental Setting . . . . . . . . . 66 L 5.6.2 Impacts . . . . . . . . . . . . . . 84 5.6.3 Mitigation Measures . . . . . III 5.6.4 Significant Environmental Effects . . . 117 5.7 Noise 119 5.7.1 Environmental Setting . . . . . . . . . 119 5.7.2 Impacts . . . . . . . . . . . . 121 5.7.3 Mitigation Measures . . . . . 121 5.7.4 Significant Environmental Effects . . . 123 L 5.8 Air Quality . . . . . . . . . . . . . . . . . . 124 5.8.2 Environmental Setting . . . . . . . . . 124 5.8.2 Impacts . . . . . . . . . . . . . 127 5.8.3 Mitigation Measures . . . . 138 5.8.4 Significant Environmental Effects . . . 138 5.9 Shade/Shadow, Solar Glare, Illumination . . . . 139 5.9.1 Environmental Setting . . . . . . . . . 139 5.9.2 Impacts . . . . . . . . . . . . . 139 5.9.3 Mitigation Measures . . . . 143 5.9.4 Significant Environmental Effects . . . 144 75D-135 TABLE OF CONTENTS (CONTINUED) d Section page 5.10 Aesthetics . . . . . . . . . . . . . . . . . . . 145 5.10.1 Environmental Setting . . . . . . . . . . 145 5.10.2 Impacts . . . . . . . . . . . . . . . 145 l 5.10.3 Mitigation Measures . . . . . . . . 147 5.10.4 Significant Environmental Effects 147 [r 5.11 Housing/Population . . . . . . . . . . . . . . . 148 5.11.1 Environmental Setting . . . . . . . . . . 148 5.11.2 Impacts . . . . . . . . . . . . . . . 165 5.11.3 Mitigation Measures . . . . . 171 5.11.4 Significant Environmental Effects . . . . 171 5.12 John Wayne Airport . . . . . . . . . . . . . . . 172 5.12.1 Encironmental Setting . . . . . . . . . . 172 5.12.2 Impacts . . . . . . . . . . . . . . . 172 5.12.3 Mitigation Measures . . . . . . . . 174 5.12.4 Significant Environmental Effects . . . . 174 5.13 Public Services and Utilities . . . . . . . . . . 175 5.13.1 Natural Gas . . . . . . . . . . . . . . . 175 5.13.1.1 Environmental Setting . . . . . 175 5.13.1.2 Impacts . . . . . . . . . . . . 175 5.13.1.3 Mitigation Measures . . . 176 5.13.1.4 Significant Environmental Effects . . . . . . . . . . . . 176 a 5.13.2 Electricity . . . . . . . . . . . . . . . 178 y 5.13.2.1 Environmental Setting 178 { 5.13.2.2 Impacts . . . . . . . . . 178 5.13.2.3 Mitigation Measures . . . . 179 5.13.2.4 Significant Environmental Effects . . . . . . . . . . . . 179 5.13.3 Telephone . . . . . . . . . . . . . . . . 181 5.13.3.1 Environmental Setting 181 5.13.3.2 Impacts . . . . . . . . . 181 5.13.3.3 Mitigation Measures . . . 181 5.13.3.4 Significant Environmental Effects . . . . . . . . . . . . . 182 a 75D-136iii �f TABLE OF CONTENTS (CONTINUED) Section Page 5.13.4 Water . . . . . . . . . . . . . . . . . . 182 5.13.4.1 Environmental Setting . . . . . 182 t_ 5.13.4.2 Impacts . . . . , . . . . . 182 5.13.4.3 Mitigation Measures . . , . 185 5.13.4.4 Significant Environmental Effects . . . . . . . . . . . 185 5.13.5 Sewer . . . . . . . . . . . . . . . . . 186 �.• 5.13.5.1 Environmental Setting 186 5.13.5.2 Impacts . . . . . . . . . 186 5.13.5.3 Mitigation Measures . . . .. 189 5.13.5.4 Significant Environmental t Effects . . . . . . . . . . . . 189 5.13.6 Solid Waste . . . . . . . . . . . . . . 190 1_ 5.13.6.1 Environmental Setting . . . . . 190 5.13.6.2 Impacts . . . . . . . . . . 190 5.13.6.3 Mitigation Measures . . . 191 5.13.6.4 Significant Environmental Effects . . . . . . . . . . . . 191 L 5.13,7 Police . 193 5.13.7.1 Environmental Setting , 193 5.13.7.2 Impacts . . . . . . . . . 193 5.13.7.3 Mitigation Measures . . . 194 5.13.7.4 Significant Environmental .( Effects . . . . . . . . . . . . 194 5.13.8 Fire . . . . . . . . . . . . . . . . . . 194 5.13.8.1 Environmental Setting . . . . , 194 5.13.8.2 Impacts . . . . . . . . . 195 5.13.8.3 Mitigation Measures . . . . . 196 5.13.8.4 Significant Environmental Effects . . . . . . . . . . . . 196 5.14 Energy Conservation . . . . . . . . . . . . . . . 197 5.14.1 Environmental Setting . . . . . . . . . . 197 5.14,2 Impacts . . . . . . . . . . . . . . 197 5.14.3 Mitigation Measures . . . . . . 198 5.14.4 Significant Environmental Effects . . . , 198 u 75D-137V TABLE OF CONTENTS (CONTINUED) Section Pie 6.0 ALTERNATIVES TO THE PROPOSED ACTION . . . . . . . . . . 199 6.1 No Project . . . . . . . . . . . . . . . 199 6.2 Alternative Location . . . . . . . . . . . . . . 199 6.3 Alternative Development Concepts . . . . . . . . 201 6.3.1 In General . . . . . . . . . . . . . . . 201 6.3.2 Traffic and Circulation . . . . . . . . . 202 , 7.0 THE RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES i OF MAN'S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY . . . . . . , . . 208 8.0 ANY SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED . . . . . . . 209 9.0 THE GROWTH -INDUCING IMPACT OF THE PROPOSED ACTION , . . 210 {? 10.0 ORGANIZATIONS AHD PERSONS CONTACTED . . . . . . . . . . 211 APPENDICES Le APPENDIX I - PLANT AND ANIMAL SPECIES APPENDIX 1I - TRAFFIC DATA APPENDIX III - NOISE DATA l APPENDIX IV - CORRESPONDENCE i` L 75D-138 LIST OF FIGURES Figure Page 1 Regional Map . . . . . . . . . . . . . . . . . . . . . . 19 2 Local Map . . . . . . . . . . . . . . . . . . . . . . . 20 3 Site Map . . . . . . . . . . . . . . . . . . . . . . . . 21 4 Aerial Photo of Project Area . . . . . . . . . . . . . . 22 5 Basic Concept Drawing . . . . . . . . . . . . . . . . . 28 6 Cumulative Project Location Map . . . . . . . . . . . . 32 7 Fashion Square Shopping Center . . . . . . . . . . . . 34 8 Mainstreet Shopping Center . . . . . . . . . . . . . . . 35 9 Existing On -Site Land Uses . . . . . . . . . . 36 10 Existing On -Site Land Uses . . . . . . . . . . . . . . . 37 11 Existing On -Site Land Uses . . . . . . . . . . . . . . . 38 12 Existing On -Site Land Uses . . . . . . . . . . . . . . . 39 13 Surrounding Land Uses . . . . . . . . . . . . . . . . . 41 14 Surrounding Land Uses . . . . . . . . . . . . . . . . . 42 15 Surrounding Land Uses . . . . . . . . . . . . . . . . . 43 16 City of Santa Ana Land Use Map . . . . . . . . . . . . . 44 17 City of Santa Ana Zoning Map . . . . . . . . . . . . . 47 18 Redevelopment Plan Map . . . . . . . . . . . . . . . . . 48 19 KLST Patnership, Ltd., and Comet, Inc., Parcel Ownerships . . . . . . . . . . . . . . . . . . . 53 20 Regional Roadnet . . . . . . . . . . . . . . . . . . . . 67 21 Local Roadnet . . . . . . . . . . . . . . . . . . . . . 68 22 Existing Bus Routes and Stops . . . . . . . . . . . . . . 78 23 TSIP Improvement Plan . . . . . . . . . . . . . . . . . 81 75D-139i LIST OF FIGURES (Continued) Figure Page 24 1995 Travel Forecast . . . . . . . . . . . . . . . . . 91 25 Freeway Access to Fashion Square . . . . . . . . . . . 95 26 Fashion Square Driveway Assignments (PM Peak Period). 100 27 Redistribution of Fashion Square Freeway Trip Assignments . . . . . . . . . . . . . . . . . . . 103 28 Noise Exposure Contours of 65 d8(CNEL). . . . . . . . . 120 29 Typical Wind Patterns in General Vicinity of Project Site . . . . . . . . . . . . . . . . . . . . . 125 30 Aerial Photo of the Project Area Indicating Residential Areas in the Project Vicinity . . . . . . . 142 31 John Wayne Airport Approach and Clear Zone Plan . . . . 173 75D-140vii LIST OF TABLES Table Page 1 Acquisition and Disposition of Portions of the Site 24 2 Tentative Development Schedule . . . . . . . . . . . . 29 'L. 3 Cumulative Projects . . . . . . . . . . . . . . . . . . 31 4 Arterials Serving the Study Area . . . . . . . . . . . 72 L 5 Intersection Capacity Utilization . . . . . . . . . . . 76 .L 6 City Code Parking Requirements . . . . . . . . . . . . 77 7 Distance of Employee Residences from North Main Street . . . . . . . . . . . . . . . . . . . . . . 79 8 Phase Two Transportation System Improvement Program . 82 -• 9 Fashion Square Trip Generation . . . . . . . . . . . . 88 10 Office Trip Generation Rates (PM Peak Period) . . . . . 89 11 Fashion Square Freeway Travel Demand (PM Peak Period) 92 12 Portion of Total Travel Assigned to Freeways (PM Peak Period) . . . . . . . . . . . . . . . . . . . 93 1 13 Comparison of Freeway Assignment vs Travel �= Assignment vs Travel Demand at Various Locations . . . 93 14 Distribution of Access to Fashion Square . . . . . . . 94 '1. 15 Arterial Directional Design Hourly Volumes . . . . . . 98 i C_ 16 Comparative Impact of Fashion Square on Critical Main Street Intersections . . . . . . . . . . . . . . . 101 e 17 Summary of Existing Air Quality Data - 1981 . . . . . . 128 i 18 Estimated Air Pollutant Emissions from On -Site Use of Natural Gas . . . . . . . . . . . . . . . . . . 130 4a 19 Estimated Air Pollutant Emissions from Off -Site I Generation of Electricity . . . . . . . . . . . . . . . 131 ,a 20 Estimated Air Pollutant Emissions from Motor Vehicles . 132 21 Summary of Project Air Emissions in Pounds Per Day . . 136 75D-14i1 LIST OF TABLES (CONTINUED) Table Page 22 Summary of Project Combined with Cumulative Projects Mobile Source Emissions in Pounds Per Day . . . 137 23 Estimated Maximum Building Heights . . . . . . . . . . . 141 kL 24 Office Related Occupations . . . . . . . . . . . . . . . 149 i= 25 Retail Related Occupations . . . . . . . . . . . . . . . 150 26 Health Related Occupations . . . . . . . . . . . . . . . 151 L. 27 Hotel Related Occupations . . . . . . . . . . . . . . . 152 28 Average Wage for Various Business Categories . . . . . . 153 29 Combined Industries . . . . . . . . . . . . . . . . . . 154 30 Occupation of Primary Wage Earner . . . . . . . . . . .�156 31 Location of Primary Wage Earner . . . . . . . . . . . . 157 t'. 32 Journey to work . . . . . . . . . . . . . . . . . . . . 158 33 Vacancy Rates . . . . . . . . . . . . . . . . . . . . . 161 L 34 Housing Costs . . . . . . . . . . . . . . . . . . . . . 162 L 35 Affordable Housing . . . . . . . . . . . . . . . . . . . 163 36 Fair Market Rents . . . . . . . . . . . . . . . . . . . 163 37 Maximum Income Section 8 Housing Assistance . . . . . . 164 38 Estimated Employment Generation Project Specific . . . . 166 39 Occupational Profile . . . . . . . . . . . . . . . . . . 166 40 Estimated Employee Generated Cumulative Projects . . . . 169 41 Occupational Profile Cumulative Projects . . . . . . . . 170 42 Project Natural Gas Consumption . . . . . . . . . . . . 176 43 Cumulative Natural Gas Consumption . . . . . . . . . . . 177 44 Project Electrical Consumption . . . . . . . . . . . . 179 45 Cumulative Electrical Consumption . . . . . . . . . . . 180 75D-142ix LIST OF TABLES (CONTINUED) Table Page 46 Project Water Consumption . . . . . . . . . . . . . . . . 183 47 Cumulative Water Consumption . . . . . . . . . . . . . . 184 48 Project Sewage Generation . . . . . . . . . . . . . . . 187 49 Cumulative Sewage Generation . . . . . . . . . . . . . 188 50 Project Solid Waste Generation . . . . . . . . . . . . . 191 51 Cumulative Solid Waste Generation . . . . . . . . . . . 192 52 Fire Stations Serving the Site . . . . . . . . . . . . ..194 53 Comparison of DDHU for Main Street of 33% Reduction in Fashion Square . . . . . . . . . . . . . . 203 54 Typical Trip Generation Rates for Fashion Square Land Use . . . . . . . . . . . . . . . . 204 75D-143K 1.0 INTRODUCTION This Environmental impact Report (EIR) has been prepared to evaluate the environmental impacts of the proposed "Fashion Square Commercial Center" project. The proposed "Fashion Square Commercial Center" project involves the demolition of the existing Main Street Shopping Center, rehabilitation of Fashion Square Shopping Center and a maximum permitted development of 3,100,000 square feet of office and retail space and 1,200 hotel rooms. This EIR is prepared as a "subsequent environmental impact report" to address the environmental impacts of an undertaking which is in furtherance of the Redevelopment Plan of the Santa Ana Redevelopment Project (as amended in June, 1975) and which is located within the project area established by that amended Redevelopment Plan. An environmental impact report was certified for the amended Redevelopment Plan on May 15, 1975, and is now a public record available for 1 inspection in the offices of the Community Redevelopment Agency of the City of Santa Ana ("Agency"). This EIR is designed to be complete in itself, rather than merely as a supplement to the amended Redevelopment Plan EIR. For purpose of convenience, the word "project" is used herein to refer to this specific undertaking in furtherance of the amended ` Redevelopment Plan rather than to refer to the Santa Ana Redevelopment { Project as a whole. This EIR has been prepared for the City of Santa Ana Community Redevelopment Agency in accordance with the Guidelines for Implementa- tion of the California Environmental quality Act of 1970 (California Administrative Code, sections 15000 et. seq.). I The following organizations with this project in the 4 capacities indicated: 1 75D-144 Lead A eqm Community Redevelopment Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 (714) 834-4228 Project Participants Federated Department Stores, Inc. and Santa Ana Venture 3315 Fairview Road Costa Mesa, California 92626 (714) 546-0110 Traffic Consultant Barton-Aschman Associates, Inc. 180 South Lake Avenue, Suite 260 Pasadena, California 91101 (213) 449-3917 JEF Engineering 601 Sandlewood Avenue La Habra, California 90631 (714) 738-7139 Environmental Consultant ultrasystems, Inc. 2400 Michelson Drive Irvine, California 92715 (714) 752-7500 a 7511-145 2.0 GENERAL SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES 2.1 Land Use .b The project would result in the demolition of Mainstreet Center, rehabilitation of Fashion Square and provide a maximum development of 3,100,000 square feet of office/retail commercial use :a �.: and 1,200 hotel rooms on the site. The project is consistent with the Community Shopping Center land use designation for the site while a small portion of the site would require a zone change from R-1 (Single Family Residential) to C-2 (General Commercial). The tenants of Main Street Center and some Fashion Square tenants will require relocation due to the project. The project would accomplish the objectives of the Redevelopment Plan by revitalizing and restoring the economic, physical and social health of the Redevelopment Project Area. Without mitigation, the project would result in the loss of !. approximately 198 parking spaces used for parking for the KLST-owned Fidelity Federal Savings building, but mitigation measures are available which would allow that building to retain an acceptable level of parking �- spaces in accordance with City code standards. 4Ly 0 Mitigation Measures I. (a) The project should be landscaped similar to or more extensive than the existing landscaping in order to buffer the Ib development from surrounding residential areas as much as possible. r (b) All tenants displaced by the project will be provided assistance in accordance with State law and Santa Ana Redevelopment Agency policies. IY (c) The Agency and the Project Participants should offer KLST " land (including the Agency owned land to the south of the Fidelity Savings Building and a portion of the project site in the near vicinity) 75D-146 L e u at fair market value (or fair rent, if a lease arrangement is preferred) in trade-off against the acquisition of Sales Parcels 3 and 5. The land area so offered should be sufficient to allow a total of at least 351 parking spaces serving the Fidelity Savings building assuming a maximum permitted amount of small car spaces, with the Agency and/or Project Participants bearing any necessary design and installation costs. 2.2 Soils and Geology Impacts There are no anticipated soil and geology impacts with the proposed project. Mitigation Measures No mitigation measures are proposed. 2.3 Hydrology Impacts The existing drainage facilities that serve the site should be adequate to accommodate the additional runoff generated by the project. Mitigation Measures No mitigation measures are proposed. 75D4147 2.4 Biota Impacts The project would not result in any significant vegetative impacts. The proposed project will to provide a landscaping plan that j requires Agency approval per the Participation Agreement. During demolition and construction phases of the project, small grounddwelling 'r= animals and birds would be forced to migrate to outlying areas. When the project is completed and the project area is re -landscaped, wildlife would probably return. Mitioation Measures The Participation Agreement requires the Project Participant to provide adequate landscaping on the site and provides for the Redevelopment Agency to approve all preliminary and final landscaping •. plans submitted by the Participant. u 2.5 Archaeology 3. Project Impacts l., Since most of the site is already developed and there are no � recorded sites on the : property, no impacts are anticipated. r ' Mitigation Measures 1;� No mitigation measures are proposed. 75D5148 2.6 Traffic and Circulation i1 Impacts The project will have significant traffic impacts on the arterial highway and freeway system surrounding the site. Increased L. traffic will create the need for a substantial investment in improve- ments to the existing highway and transit system and creation of a C TSM/Parking Management Program capable of achieving a 20 percent shift to a ride sharing/transit mode. Even with full implementation of all recommended transportation improvements, the project will cause a significant change in existing travel patterns. Although the project has a significant impact of the streets immediately surrounding the tI site, an even greater impact occurs on the freeways. Approximately 70 percent of the project is directly oriented to the freeways. If the freeway capacity is not increased, this traffic will be diverted td. local arterials causing major congestion on Main Street. I: Mitigation Measures (_ 1. Pay a one percent assessment fee to the areawide TSIP j Program for implementation of improvements. 1 2. Provide funding for construction of two new freeway ramps on the west side of Fashion Square. R i L 3. Widen Main Street in front of Fashion Square to provide i t 1 four sou.thbound lanes and a 26 foot wide median. 4. Construct a public road around Fashion Square. J 5. Widen the Main Street entrance to Fashion Square and provide funding to construct a left turn lane on Town and Country Road and modify the signal phasing. d 75D.6149 e 1 6. Provide funding to install traffic signals on La Veta Avenue at Bedford Road and the southbound Rte 57 Fwy off -ramp. 7. Develop and implement an aggressive TSM Program to maximize use of transit, ride sharing and staggering of work hours with a goal of achieving a 20 percent reduction in overall trip generation. 8. Develop an on -site pedestrian circulation plan with buildings designed to accommodate second level access from a transit station and/or a pedestrian bridge located in the vicinity of Main Street/Town and Country road. 75D-1750 i 2.7 Noise Project Impacts i The project will generate additional noise in the local area j. due to demolition of existing on -site structures, construction activity, construction traffic and project -generated traffic. Since construction activities are limited to daytime hours and there are no "noise sensitive" land uses immediately adjacent to the site, no adverse noise impacts are anticipated during phase development of the project. The project may be expected to increase traffic noise levels along Owens Drive east of Main Street. Since the development plans are for commercial uses, the majority of traffic noise related to the project would occur during the daytime hours. Late night and early morning hour noise levels are not expected to be much different than existing conditions. Therefore, residents on Owens Drive closest to Main Street could anticipate increased noise levels only during the daytime. P Mitigation Measures No mitigation measures are proposed. I 2.8 Air Quality I Project Impacts I The construction phase of the project would produce two sources of air pollution emissions. These are exhaust emissions from construction and grading equipment and dust generated as a result of earth movement and equipment traffic on local streets. The dust emissions may cause a nuisance to people and businesses located on adjacent properties or along roadways used by the earth -moving equipment 3 i }1 i 75d-151 or to motorists who park motor vehicles in the vicinity of the project. Upon completion of construction, the dust emissions would cease. The exhaust emissions would be of short-term duration during the construction phase only. The stationary on -site emissions resulting from natural gas consumption by the project is approximated to considered to be negligible when comparing this to the 1987 total emissions inventory projected for Orange County. The contribution of all other on -site generated air pollutants to the projected County emissions inventory is considered negligible (i.e., less than 0.1 percent). The stationary emissions resulting from project electrical (' energy consumption would occur off -site at electrical power -generating plants located throughout the utility's generating network. C: The emissions associated with project traffic would incrementally contribute to primary pollutant concentrations near local intersections during peak traffic periods and also result in incremental air quality deterioration. The proposed project is consistent with the AQMP population forecast for this area of Orange County. The project is also consistent with SCAG-78 land use projections in Orange County. u L The aggregate long term contribution of the estimated project emissions to the 1987 Orange County emission inventory ranges from a negligible amount of organic gases to 0.7 percent of nitrogen oxides, depending upon the type of pollutant. The proposed projectes air quality emissions would not have a significant adverse impact on the environment. 75DA 52 Mitigation Measures Since increased air emissions resulting from the Project are due primarily to (1) increased traffic and (2) increased use of electricity, and since mitigation measures for these areas of concern are discussed elsewhere in this report, no additional mitigation L measures are proposed here. b 2.9 Shade/Shadow, Solar Glare, Illumination Project Impacts L Depending upon the height and the location of the buildings, [; there could be shade/shadow impacts to surrounding land uses, including residential areas. There could be on -site and off -site solar reflection impacts if glass and/or reflective mirrors are used on the exterior of the 1'- proposed buildings. These solar reflection impacts cotld include "blind" spots for motorists, as well as a nuisance and annoyance for l-= pedestrians and shoppers. These reflections could also extend to adjacent residential areas. 1' f The project would also result in increased illumination due to aesthetic, security lighting and illumination after dark from the office buildings due to cleaning crews and people working in the buildings. )'' However, any increase in illumination is not anticipated to have any significant impacts on surrounding land uses due to the existing i illumination in the area. Mitigation Measures Development plans submitted to the Agency for approval pursuant to the Participation Agreement should be accompanied by a i 75110-153 shade/shadow analysis in order to determine the best building locations and heights for the structures which could result in the least shade/shadow impact, if any, to the surrounding land uses. •' Non -reflective building exteriors should be used, unless the buildings are oriented so that their surfaces are directed away from other structures, roadways and residential areas in the project area. All on -site lighting should be directed downward and shielded from surrounding land uses. Low -intensity lighting in the parking areas should be utilized and flood lighting should be discouraged. r. 2.10 Aesthetics L: Project Impacts The project site would be altered by the removal of the iexisting Mainstreet Center and several surface -level parking lots. L Consistent with the Redevelopment Plan objectives the project would support the aesthetic quality of the North Main shopping area. Since L there are existing high-rise buildings in the project area, the i development of high-rise buildings on the site should not result in an , adverse impact. l Mitigation Measures i The Participation Agreement incorporates standards and controls which would preclude any development which is unacceptable to r I the community on aesthetic grounds. Pursuant to the Participation Agreement, all buildings would be constructed of high architectural quality with landscaped areas. The structures must be effectively and aesthetically designed. The shape, y scale of volume, exterior design and exterior finish of each building must be consistent with, visually related to, physically related to and 75D-f54 7 an enhancement to each other and the surrounding project area. Landscaping would be provided to integrate this project with adjacent projects. Architectural, landscape and site plans must be approved by the Agency. 2.11 Housing/Population L Project Impacts L• The project is anticipated to generate an estimated 8,630 employees. However, due to the relatively high unemployment rate which has added to the ample labor supply already existing in the City, the proposed project would draw its employees from a resident labor supply to a great extent. 1_ Even though most of the job opportunities created by the', project will be filled by persons already residing in the area, the project will result in some increase in the demand for housing. Some of the new employees will be persons residing a considerable distance from the project who will desire to move into Santa Ana or other neighboring L_: communities in order to shorten their commuting distance. By contributor ributing to the general demand for housing in the area, such persons l_ will add somewhat to the existing housing market problems, such as the 1 difficulties of finding affordable housing and upward pressures on i„ housing costs. f Mitigation Measures j No mitigation measures are proposed. 2.12 John Wayne Airport ' Project Impacts Like any other development in Orange County, the project may result in increased demand at the airport. The impact of this 75DA 55 development, relative to that of county -wide development, is not considered significant. Any structure constructed on the site over approximately 58 feet in height would require Federal Aviation Administration approval. The Federal Aviation Administration would make a determination as to the aeronautical hazard of any proposed structures which intrude above the imaginary horizontal surface of 203 feet above sea level. Flashing -red obstruction lights might be required as a 1-. precaution for aircraft safety. Mitigation Measures No mitigation measures are proposed. 2.13 Public Services and Utilities Natural Gas Project Impacts l:. 1. The project would consume approximately 86,210,000 cubic feet La of natural gas per month. The project would not have a significant impact on Southern California Gas Company's ability to provide gas service to the project. r �A Mitigation Measures ki No mitigation measures are proposed other than the energy conservation measures discussed in Section 5.14 (Energy) of this report. s Electricity Project Impacts The project would consume approximately 13,054,240 Kwh of electricity per month. The project would be served by existing Mul 56 I R 1 facilities located in the area and the electric loads of the project are within parameters of projected load growth which Edison is planning to iR meet in this area. IR Mitigation Measures No mitigation measures are proposed other than the energy conservation measures discussed in Section 5.14 (Energy) of this report. 1 Telephone r E �u Project Impacts f Although the project would be served from existing facilities, reinforcement of the existing telephone network would be necessary. The e degree of reinforcement would vary from new tables being pulled through existing conduit systems to the installation of new conduit and cable systems. 1' f, Mitigation Measures i No mitigation measures are proposed. i..,_ Water I Project Impacts 1� The proposed project is estimated to consume approximately 490,000 gallons of water per day. The project would be served by existing water mains in the area, however, some improvements to the system may be required at the time of development in accordance with the i, City's standard building permit approval process. r Mitigation Measures No mitigation measures are proposed. +r i 75D-1 9! Sewer Project Impacts The project is estimated to generate approximately 490,000 gallons of sewage per day. The existing sewage system does not have the capacity to serve the project and therefore, additional sewer facilities would be required. The size and location of the required sewer facilities would be determined when final site plans become available. Mitigation Measures No mitigation measures are proposed. Solid Waste .. j Project Impacts The proposed project would result in a net generation of approximately 33 tons of solid waste per day. Since the County anticipates having adequate landfill capacity to last beyond the year . 2000, no significant adverse impacts are anticipated. However, the ?;. project would have an incremental impact on the reduction of the life capacity of the Coyote Canyon landfill site. 1 .v Mitigation Measures r i t: No mitigation measures are proposed. 1 i Police i Project Impacts The types of crimes that can reasonably be expected to increase due to the project would be larceny, crimes against persons, f 75D)58 I auto thefts, auto burglaries and commercial burglaries. These anticipated increases in crimes would increase demand on police services, but the project would also generate additional tax revenues available for augmenting such services. i 1 Mitigation Measures The applicant should provide a private security force that would respond to business and customer needs. The presence of a L-1 t security force would also have a deterrent effect on crime. Li f Fire Project Impacts i In addition to Fire Station #I, the project would require an initial response from an additional engine company and an additional j i truck company. Fire Station #5 would be one of the additional responding companies, as well as Station #2. The project would also increase demand for paramedic services. However, the project would also 6 i generate additional tax revenues available for augmenting such services. is Mitigation Measures The project developers shall maintain the current underground water reservoir with auxiliary pumps (or provide its equivalent at an T alternative location) and expand such system upon development of the P site as necessary for compliance with Fire Code requirements. 2.14 Energy Conservation The proposed project can be expected to result in an increase in energy consumption. The estimated net increase in energy consumption figures associated with the project are 8,656,292 Kwh per month of electricity and a natural gas consumption of 62,507,440 cubic feet per month. 75DA 59 Mitigation Measures The orientation of building glazing areas, overhangs, and site landscaping should be selected in order for solar radiation to reach indoor areas during the winter months to reduce heating loads. The same principal should be incorporated for the summer months so that building glazing, overhangs and landscaping will reduce the amount of solar radiation reaching the interior of the buildings which will reduce air conditioning loads. 1. L. 1. 1_ C 75D-160 3.0 PROJECT DESCRIPTION 3.1 Location and Boundaries The +63-acre project site is located within the City of Santa Ana, California, as shown on the Regional Location Map (Figure 1). The project is located west of Main Street, south of the Garden Grove Freeway, east of the Santa Ana Freeway, and north of Roe Drive as show on the Local Vicinity Map (Figure 2).' This figure also indicates that the City of Orange is located north and east of the site. Figure 3, Site Map, locates the project boundaries and the various parcels within the site. The aerial photo of the project area, Figure 4, shows the relationship between the proposed project site and its immediate surroundings. ° 3.2 Discretionary Actions j: The only agencies who will be using this EIR for decision making are the Redevelopment Agency and the City of Santa Ana. The primary discretionary action by which the Community Redevelopment Agency will determine whether or not to carry out the proposed project is its F decision on whether to approve a proposed "Participation Agreement" �. between the Agency and the Project Participants. This "Participation !, Agreement" has received preliminary approval by the Project l Participants, subject to the incorporation of mutually acceptable measures designed to mitigate significant environmental effects. Basically, it requires the Project Participants to undertake a r prescribed minimum redevelopment of the project site and permits them to I undertake the maximum redevelopment described in Section 3.4 of this report. The Agency's primary role is to acquire the project site (apart from the parcel already owned by the Participants) and to sell it to the Participants. This preliminary approved "Participation Agreement" is a public record on file with the Agency's Executive Director and available �= for inspection upon request. .r 75D-1 61 ,ISoutce Title: RENIE MAP SERVICE IREGIONAL MAP I 75 a::��.. Y.: -.. .,,.. ro, � � ur":`.�I,. pgr��.v 6�.: •���i�6 �:.r—.1-�p�'i�� �F�w r,E !�%.- �i;�il. 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"t« ®msn aama n'i �t, '•. acx w .oDYart _ yy ww � �« « qq� LI va•: t.z'^ w � A$ J J Bmtl a h� mmr, .mrr. m n e4 an q ^ m wel L .ylMYm I��Baj � 3MQli M t S Y .CRI n a ,Ali. bs br r"8< � mup mm 39Ntltl� R aa:.la � ' mono � e - � ! t I � n n ° PwrasPY ay Yavas _�'_ , i .-�� ..:':,::: ✓¢ 1r -w1 tea.... � E' w Ml8 « ➢53T7D9 311Yir ♦ ,. _. L a gun 6 :: 91w: In i I Cl q � t-�- ' At u WIN �� Pad 'D) "--i wJ� y , wn. �u• In �:_. "a Ni'"'' g siw {i _Q"'...,k �� L w� a• `q "I, '.��j wu �p� �i nnar � n'°° S ,`u a}Wa'.kv... Ivou � O L, is C ®mal{sf« p 1 •,N li ; �� r« ,viy - j Vy 1 ru,r i iilSOM Eal ? C r � � ��� :,. vL 8:M vl Fa� l[�n' 4 b ry �. � 3 �•F ` n u L n�BF ^'! r �• 3� to a: i e 1§ d id.e : 71 t L .� ��- xl a ssgi q `d K1 +•� .des `iJ ...`ypylm .. a KlQr ll1 p1t:!ilfiiiui r'""a°i BAI�.. pe1Y,. .....«. ..ei_ ✓ roeeil� Y� 7502163 GARDEN GROVE 1 SALES PARCEL e I I PARTICIPATION PARCEL S FREEWAY SALES PARCEL I PARTICIPATION PARCEL SALES PARCEL 2 IV SALES PARCEL 5— SALES PARCEL 3 ` i 1i SALES PARCEL 4 I 'np PERIMETE i MONTH N� SITE BOUNDARY Source: a COMMUNITY REDEVELOPMENT AGENCY e: SITE MAP m r err. 1: 3 n L [ �t �Belo, 1e, • 1 F 'k lh'( ,i+- ♦ ? �' a _!� I • , MIT 66, 14 IT F* irk FASHION SQUARE SHOPPING CENTER _ = i x i en It AA 1�• a �� V � :,rw`, '� � e "a ' ;f J ► s 1 r,> Il. e••- r { @1" `w7�`. i'r r J i �•/�/ . %�`\� .l. IY L- r .>y irl. W y t r AI w- At the same time as the Agency determines whether to approve the "Participation Agreement", the City Council of the City of Santa Ana ,l will determine whether to approve the terms of sale of the project site to the Participants. The Participants may also ask the City to approve a "Development Agreement" that will secure their rights under the Participation Agreement against subsequent application of possibly inconsistent land use restrictions. 1; A zone change will be required for commercial development to occur within the small area zoned R-1, single-family residential, located in the northwest portion of the site. In addition, a Conditional Use Permit (CUP) is required for the proposed hotel use. L The developer may want to subdivide the project site and a � subdivision map may be required from the City. U In accordance with and subject to all the terms, covenants and Lconditions of the Participation Agreement, the Agency agrees to acquire r or has acquired the Sales Parcels 1, 2, 3, 4, 5, and 6 as shown on 4 L Figure 3, Site Map. The owners of those parcels are shown in Table 1, t Acquisition and Disposition of Portions of the Site. i r I 75D-1 & L i 1 C's TABLE 1 ACQUISITION AND DISPOSITION OF PORTIONS OF THE SITE Sales Parcel I - Fee title, presently owned by Bank America Realty Investors. Sales Parcel 2 - Fee title, presently owned by Bruce Walkup. Sales Parcel 3 - Fee title, presently owned by KLST Partnership, Ltd. Sales Parcel 4 - Fee title, presently owned by Agency. Sales Parcel 5 - Fee title, presently owned by Comet, Inc. a California Corporation. Sales Parcel 6 - Fee title, presently owned by the State of California, Department of Transportation. The Agency also agrees to acquire or to cause the City to acquire sufficient interests in real property for the Perimeter Road, some of which real property is now owned by the City and some of which real property has been previously dedicated to the City for street purposes. The Perimeter Road is also shown on Figure 3, Site Map. It should be noted that Sales Parcel 5, which is the westerly 60 feet of Assessor Parcel 002-210-29, is a portion of property involved in a long term parking ,lease arrangement between the owner, Comet, Inc., and KLST Partnership, Ltd. KLST Partnership, Ltd., is the owner of the Fidelity Federal property and Sales Parcel 3. 751167 I 3.3 Statement of Objectives The purpose of the proposed project is to implement the Amended Redevelopment Plan for the City of Santa Ana Redevelopment Project by providing for the rehabilitation and redevelopment of the Fashion Square Commercial Center site. The site shall be designed and developed consistent with the Redevelopment Plan as a mixed use commercial complex. The complex will be designed to insure that the individual buildings in the complex will have a distinctive, but cohesive architectural appearance. Since the project is in a redevelopment area as designated by the City of Santa Ana Community Redevelopment Agency, the project objectives will be to support the objectives of the Redevelopment Plan, which are: - To work in development and revitalization of the downtown core and northern core (Fashion Square) so that the two areas are complementary in terms of land use and develop- ment of that use rather than contradictory and competitive. - To strengthen vehicular access between the northern retail center (Fashion Square) and the downtown area, and to implement a program of improved traffic circulation and freeway access between north and central Santa Ana, in order that service of both areas is more available to all persons in and surrounding the Project Area. - To strengthen the revitalization of the central city and the North Main shopping area by implementing a program of beautification and improvement. - Restore the economic, social and physical health of the Santa Ana Redevelopment Area. 25 75D-168 i Make the area a source of pride to persons residing and working in Santa Ana or visiting the City. Guide development towards an urban environment preserving the aesthetic and cultural qualities of the City. ` - Assist in the re-establishment of businesses within the Project Area. ii Stimulate and attract private investment, thereby improving t the City's economic health, employment opportunities and the tax base. is To preserve the retail vitality of the community by provid- ing the Redevelopment Agency the tool by which the Agency f_ may participate in a plan to increase the existing shopping area known as Fashion Square. 1. These objectives shall be accomplished through removal of structurally substandard buildings, elimination of blighting influences, provision of land for needed public facilities, provision of substantial L offstreet parking through the use of multi -story parking structures, t removal of impediments to land disposition and development, achievement { of changes in land use, improvements to major arterials and secondary streets.* u r l I * Amended Redevelopment Plan for the City of Santa Ana Redevelopment Project, amended June 2, 1975, p. 4. 75D-A9 M 3.4 Project Characteristics i The project proposes the rehabilitation and redevelopment of the site as a mixed use commercial complex consistent with the Redevelopment Plan. The ultimate maximum density of development of the f site shall not exceed 1,500,000 net leasable square feet of office space, 1,600,000 gross leasable square feet of retail space, and 1,200 hotel guest rooms, with supportive facilities. All such development shall be in accordance with architectural and design plans, landscaping plans, and sign criteria approved by the Agency, as set forth in the Participation Agreement.* This EIR will discuss the potential 1 environmental impacts of the proposed project based upon the previously mentioned maximum permitted development of the site. The project will require the demolition of the existing Fain Street Center (163,403 square feet of leasable area) and the construction of new retail and/or office buildings in its place. The b. existing Fashion Square Center (521,125 square feet of leasable area) will be substantially renovated, structurally altered and, in part, demolished, so as to incorporate the center into an improved, modernized, integrated shopping mall. Figure 5 shows a Basic Concept Drawing of the proposed Development Plan. ! Based on current estimates, it is assumed in this EIR that approximately 400,000 square feet of the existing Fashion Square will be retained and approximately 1,200,000 square feet of new commercial develoment will be added if the project is, in fact, developed to the p maximum. , 1 * City of Santa Ana Redevelopment Project, Santa Ana, California, Fashion Square Commercial Center Site Participation Agreement By and Between Community Redevelopment Agency, City of Santa Ana and Federated Department Stores, Inc., and Santa Ana Venture, pp. 15-17, and Attachment No. 2, p. 4. 0 75D470 H 4 h " h O I� ZE ;l�4 JlLi / 75D-T71 E L Table 2, Tentative Development Schedule, indicates the projected phasing for the various stages of development for the project.. The timing for project development is tentative since it is contingent on the acquisition of property and the economic conditions to provide a market for the proposed commercial development. Use Retail Office Hotel TABLE 2 TENTATIVE DEVELOPMENT SCHEDULE Approximately Time Additional Footage Of Opening 800,000 sq. ft. 1985 - 1986 400 000 s ft. 1986 - 1988 Total 1 L65,O0b q: ft. 300,000 sq. ft. 500,000 sq. ft. 700,00o sq. R. Total 1,5�660 sq.�t. 600 rooms 600 rooms Total 1,200 rooms 1985 i - 1986 1986 - 1987 1987 - 1989 75D-1972 4.0 REGIONAL SETTING AND RELATED PROJECTS i There are a number of other current ,and potential projects in the vicinity of the proposed Fashion Square Commercial Center Site project which could be expected to contribute to cumulative environmental impacts in the general area. These "cumulative projects" include a variety of proposed uses (i.e., Residential, Office, Commercial/Retail, and Hotel) located within the City of Santa Ana and the City of Orange. Table 3, Cumulative Projects, summarizes these k "cumulative projects", giving a brief description of their relative size F (approximate square footage), proposed use, and their present status. Figure 6 shows the location of the cumulative projects in relationship to the proposed subject. 1 The "cumulative projects" listed in Table 3, in addition:to the proposed Fashion Square Commercial Center Project, will provide the basis for the cumulative impact analysis discussed in the Impacts Sections of this EIR. f J It should be noted, however, that some of these "cumulative k projects" are quite speculative and may never be developed to the extent l described in Table 3. In particular, the "Hurwitz site" is not currently proposed for any specified development and the numbers given for that site represent merely a preliminary development proposal which was subsequently abandoned. i The approach taken in this report was to assume a maximum density scenario in order to determine the maximum possible magnitude of environmental effects. The listed "cumulative projects" should therefore be viewed only as illustrative of the types and magnitude of j future development which could occur in the vicinity of the Fashion Square project if and when economic conditions ever become favorable to such large-scale new development. 75D-Y73 t: NAME Hurwitz Site es and Narver ansion tinental Center ley ical Offices n and Country dominiums hion Square TABLE 3 CUMULATIVE PROJECTS PROPOSED USE Office Hotel Retail Office General Office Office Medical Offices Residential Retail (additional) Office Hotel(s) SQUARE FOOTAGE 2,300,000 450 Rooms 500,000 98,239 754,850 400,000 86,600 500 units 1,100,000 1,500,000 1,200 rooms STATUS Proposed Proposed Approved Approved Under Construction i Approved Proposed 75D-17'4 n w. MMt6WdFli Wa .�� LYJ ELM �mm r , . all IA u c QlI v To] 75D-*75 5.0 DISCUSSION OF THE ENVIRONMENTAL SETTING, IMPACTS AND MITIGATION MEASURES i 5.1 Land Use 5.1.1 Environmental Setting The existing land uses on the project site include Fashion Square Shopping Center, Main Street Shopping Center, vacant land and a 442 foot by 446 foot three level parking structure that provides approximately 1400 parking spaces and surface level parking lots. Fashion Square covers approximately ±35.91 acres and has 51 stores totalling 521,725 square feet of leasable area.* A map of the existing Fashion Square Shopping Center showing the existing businesses is shown in Figure 7. Mainstreet Center covers ±14.92 acres and has 163,403 square feet of leasable area.** A map of existing Mainstreet Center showing the existing businesses is shown in Figure 8. The vacant land and surface level parking lots cover approximately ±12.71 acres. The parking structure is located immediately west of Fashion Square Shopping Center (refer back to Figure 4). Overall, the project site consists of ±63.54 acres. Surface level photographs of these existing on -site land t uses are shown in Figures 9 through 12. i The land uses surrounding the project site include the Garden p Grove Freeway, office buildings, and residential homes north of the site. The City Limit boundary for the City of Santa Ana and the City of Orange parallels the Garden Grove freeway along the north side of the freeway. The office buildings and the residential homes north of the Li Garden Grove Freeway are within the City of Orange. East of the site is the Town and Country Center, a vacant 18-acre parcel of land, Polly's Pie restaurant, residential homes, and commercial uses. The Town and Country Center is within the City of Orange. The other land uses east of the site and south of Town and Country Center are in the City of Santa Ana. * Santa Ana Fashion Square, Santa Ana, Ca Wornia,, piii, Report by Landauer Associates, Inc., July 20, 1979. ** Mainstreet Center and Adjacent Vacant Lane, Santa Ana, California, p. 13 Report by Landauer Associates, Inc., July 20, 1979. 75D476 I BuIlock's 2 I. Magnin 3 Monte Factor 4 Gibraltar Savings 5 Casual Corner 6 Higgi Hair Salon 7A Shelly's Tall Girl 713 Anthony's Shoe Service 8 Hunters Books 10 Security Bank 11 Jurgensens 12 Russo's Pets 14 Ellen Bak Photography 15 General Nutrition Center 16 Horstmans Hallmark Center 17 * 18 Jewel Palace - FSPNB o 78 7p e a M I MAGNIN N a PARKING STRUCTUR NORTH i 19 Red Balloon 20 Wetherby Kayser 21 See's Candies 22 Joan Buck 23 Rooney & Borden 24 Dr. Ring (Optometrist) 25 Dedrick's Tux 26 27 Air Step Shoes 30 C.H. Baker Shoes 31 Draper's 32 J. Herbert Hall 33 Kaplan's Deli 35 Mary Millerick s®n 40 Judy's 50 1, 51 Glendale Federal * Vacant 11 12141516 17 1819 20 27 26 24 23 22 21 JUDY'S Ln m N M .r ra 0 m .� . ���„LANDAUER ASSOCIATES, INC, 1TItle:EXISSNOPPIASHIONTSQUARE 1 s ..:rza... \- . e �}0,A ,_ 1 t OFFICE i (tRAN MON L MALL SHOPS i MOFFICE J '~ ^� �.� N-OFFICE OF THE CENSER O-OFFICE IS'y P OFFICE BOWLING I 9-MAP 590RE ALLEY /�p}���� �}`}`}\�qqj -1...� ,yL R•CANDY STORE\\\��\ti\\\\tl 5 - OF FILE PFT STORE 1 ...e s 2. Cj IFCOLTON PI PIANO i`7f+/77TITT��TT/a! ( •I3TAVk4Ni JL{'i CLUB .LOOK STORE 7, OFFICE y -- 4NTIQUe GALLERY tARTS 1 GRAFTS A SLEEP SHOE uE FURNITURE t 6°250 Sp. FT. t M6MAHAN'S FURNITURE \ a A l w° it R e 7 Source: Title: 'R LANDAUER ASSOCIATES, INC. EXISTING MAINSTREET SHOPPING CENTER 1 81 I is n Q e w N O Z a J h N 1�- Z h x 2W' 4 C7 Z th/1 a Z CD G� x LL z W a a+ W [Y Z O r N z .. N w w 0 LLp Lw N w N r N z r+ a � � N w Y ~ h W N > 3 ¢ � Y p O Z � Z Y 0 0 J y u 4 O N 37 75D-180 1• �l T N w F a o N Z W b H O N N uQ, W W w O O Z � O � J •a fY O rF-r O U V 2 CD Nw w o o �Qi 0 a z Q w W W w O Z O � ]L 2 Y O O CD O J .. y r y I *r 1-- H � w � W w a 3 � w K a U U S a M O N N a LL z w ~ w C Y N � N j c a m w 1 o VI Q Q U O ♦- F- � N w Z p NO N .may Q X X l� O 75D-M 39 75D-182 South of the project site is Fidelity Federal and Savings office building, a motel and Ham's Restaurant. The Santa Ana Freeway is located west of the site. Figures 13 through 15 show surface level photographs of the surrounding land uses. The project site is designated as part of the "Mixed Use Corridor" land use according to the City of Santa Ana General Plan. i Figure 16 presents the City of Santa Ana Land Use Map. The surrounding land use designations in the City of Santa Ana include "Mixed Use Corridor" east and south of the site, parks and recreational open space south of the site and the Santa Ana Freeway and Garden Grove Freeway west and north of the site, respectively. The surrounding land use designations within the City of Orange include Low Density Residential and Major Commercial north of the site and Major Commercial east of the site. i t; One of the policies of the Santa Ana General Plan's "Land Use" �. element is to "encourage higher density residential, office and commercial uses in Mixed Use Corridors." f The Mixed Use Corridors are a key component of the City's overall planning strategy and program, or Framework Plan. The mixed use corridors: k. "provide important neighborhood facilities and services i. including shopping, recreation, cultural and entertainment l activities, employment and education" f I "provide support facilities and services for the Industrial i Districts including office and retail, restaurants and various N other services." I' The Mixed Use Corridors will vary in character and intensity along their length according to the degrees of access, market demand, relationships to adjacent residential uses, availabillity of land and relationships between existing and new land uses. " 75D-4(83 i5 I L R L� y:. A _ 4 k A . 1 .. K 1 , i .. iP r I �S l sse• y .'yi ». <I S r �S :� :� 'c' a F� i � 'i �3 t r `t:: � � ?. 3 ':� w � _ x _ ,kF i t41 f� rc . 4 �;r `0. !e � ''� i f �', 3 4 � S y l ��� � �� S K� -4 � � f .�t-� � � q' £ w P f f� 7 3 4i � > �� I5 � 4 .� ; „ , �� �,� �� ��� I f t e8p F N w M w d J 44 75D-187 -, A key feature of detailed planning and develeopment of the i Mixed Use Corridors will be the integration of land uses, pedestrian ,I walkways, open spaces and building configurations with key transit routes and their associated stations or stops.* Li One land use implementation policy that pertains to this project is: Encourage higher density residential, office and commercial uses in Mixed Use Corridors. The Implementation Programs that are applicable to this project include: - Upgrade the economic and physical vitality of existing shopping centers. - Upgrade marginal or poorly -located commercial strips through design plans and implementation programs. - Utilize appropriate economic development programs to assist in the financing, upgrading and recycling of commercial uses. - Promote the Main Street and First Street corridors as locations for higher density mixed use development. - Adequately zone land and prepare development plans for a major new linear activity center between the Downtown and Fashion Square. - Prepare specific plans for the Mixed Use Corridors. * City of Santa Ana General Plan, October, 1982. 75D-1 98 The project site is mostly zoned C-2 (General Commercial) with a small area on the site zoned R-1 (Single -Family Residential). Figure 17 presents the City of Santa Ana Zoning Map. The surrounding zoning within the City of Santa Ana is C-2 (General Commercial), R-1 (Single -Family residential) and Open Space south of the site, Open Space west and north of the site, and C-2 (General Commercial), R-1 (Single-family residential) and Open Space east of the site. Surrounding zoning within the City of Orange is Low Density Residential ! (R-1-6) and Major Commercial (C-2) north of the site, and Major Commercial (C-2) and (C-3) east of the site. 2. Some of the uses allowed by the City of Santa Ana C-2 zoning designation are administrative and professional offices, retail and J service uses, restaurants, schools, automobile parking garages, etc. The uses allowed with a conditional use permit in the C-2 zone include i hotels, motels, trailer parks, outdoor and indoor recreational uses, and dwelling units when erected above the ground floor of a commercial structure. t The project is in a redevelopment area as designated by the City of Santa Ana Community Redevelopment Agency. Figure 18 presents the Redevelopment Plan Map and indicates the location of the proposed Li project within the Redevelopment Area. The project is located in Height District 1I. All lots within ' Height District II shall be subject to the following height exceptions and regulations: k Any structure may exceed thirty-five (35) feet in height if both of the following provisions are corn- , plied with: a. Each part of any structure exceeding thirty-five (35) feet in height shall be set in from one or the other or from both side property lines not less than 75D-1B9 GROVE . _7 — W GARDEN _GROVE I AI RI R_1 -- i I fRF IiFit ! C-Z C-2 I AI I O At RI RI % RI ¢ ° R4 R4 • v[�x I i co C2-RD 11 j ;yAl • RI RIB - ef'.°nr - f At ry RI ,�y aI O 1 one i i :J III LI v RI RI RI c .� RI At .. --. At O J� _I r lPo� C2 O RI RI AI ^° 1 « AI I' O t �—' RI 9�'•S RI F;. At LP-n 1 I RI RI RI RI RI RI 4 Cl I RI 4 •RI RI IE RI RI CI 1 MD I RI At RI RI RI RI RI RI N fll RI RI R i� •° 1 w At RI �_� LA Lj RZ k RI q` 1 R2 I_ rr - P 'CcI y` 3. RI RI RI ii ff I O RI RI Al � .i Al1A I FI q2 RI t T " AI RI RI At RI RI RI RI R! P �- T ,\ AI P IRI° I \i Ip yy\RI RI RI RI flI A*1 9v RI RI b ww0. RI ...RI Iv I T�' RI RI :.. RI CI p ue R RI RI AI RI Y 6� RI RI t wRl w Rk� R✓t e i e to 1 R3R R3H 1 • c4 . �.? _ T CI a A_.- tl .n 1 naw• g wM n M 'e 1 T Cl f-T� r-n _ 1=1 n ZONING DISTRICT i_. .._. 0 e.[x ,..0 LP ...,<e,wb°,e«rl LM ca.�wr .mwurunw AI wnna..w<u.+w. p •.cs[uaul yM Irmo w.vur.eu.n. MI uxn n«unu.I RI CR M2 n[�v .mnnu 1 R2 <wn<« .u+in[ r.xu.r n[«m.xnu tl mwiwrr w,c[.ua •pp R.vn{v wwxor««n RJ cewx w•enr rwrir.. r.««r cwacnw. t2 c.w., mx+dn. -{Yip n.ww canal wier�fn q//A��� w r R511 .c. cx°m .u.+nu r.,.ur cuwxrul C! 4ncLL eaxrtp -Sp eracrs «[KWr.YYr V C4 cuc.•>m e.x-:w aw+m _B •«°.w .�oe.=w°a fp 4n[ xx[w•«[n Of unenu m..cwu. NpII cwnr nn«c+ a MMTH Source: Titles 17 �_ CITY OF SANTA ANA ZONING MAP . is -..tee ... a combined total distance equal to one-half (112) of the overall height of the structure, signs, included, i b. Each part of any structure exceeding thirty-five (35) i feet in height shall be set in from the front or the j back or from both the front and the back property lines not less than a combined total distance equal to one-half (1/2) of the overall height of the structure, signs included.* 5.1.2 Impacts t Project Impacts The project proposes development of commercial/retail, L, offices, specialty shops and 1,200 hotel rooms on the project site. In order to construct the proposed uses, the Main Street Shopping Center would require removal, The existing tenants of the Main Street Center and some of the tenants in the existing Fashion Square Center would require relocation upon project implementation. The Agency has already notified the tenants on the site of the proposed project. The tenants will again be notified at the time of the public hearing for acceptance of the Participation Agreement between the Redevelopment Agency and the project Participants. The tenants will also be formally notified at the time the Agency makes an offer on the purchase of the site. Once the project site is acquired by the Agency, the tenants will have at least 90 days to relocate. Generally, tenants prefer to find their own location to relocate to, but the Agency will assist them in this effort. * The Proper Place of Multi -Story Structures, Special Study, 17, Planning Department, City of Santa Ana, October, 1961, p. 33. 75D-`192 75D-193 a L'1 is The Agency will assist all persons (families, business concerns, and others) displaced by the project in finding other locations and facilities. The Redevelopment Agency will provide displaced tenants with relocation payments to compensate for moving expenses and assistance in finding new locations. The Agency administers such assistance in accordance with State law and regulations and as a matter of policy in accordance with the H.U.D. regulations that implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (called the "Uniform Act"). Some of the displaced businesses may relocate while some may go out of business. If a business relocates, it may suffer financially from lost sales during the period that the business is relocating. Depending upon the individual business, this financial loss may or may not be significant. In addition to lost sales, the business may also experience reduced clientele at its new location. If a business relocates in the same general area as the proposed project, then it probably will not suffer from reduced clientele and sales. The project will be developed in several phases providing up to a maximum of 3,100,000 square feet of commercial -office use and 1,200 hotel rooms. Construction of the project is expected to begin in mid-1983 and be completed by 1989. The project would meet the intent and the policy of the Mixed Use Corridor land use designation. The project would provide important employment and shopping needs to the City of Santa Ana as well as other cities. The project could provide support facilities for the Industrial Districts, although the project is removed from these areas. The project would integrate land uses, pedestrian walkways, open space and building configurations with key transit routes and bus stops located along Main Street. The project would meet one of the implementation policies by providing high density office and commercial uses. 75D sq 94 '1" , �C iL ;L The project would comply with the Implementation Programs that are applicable to this project. The project would upgrade the economic and physical vitality of the existing Fashion Square shopping center. Although the project would result in the removal of the Mainstreet Center, the proposed project would upgrade the area. This project, with financial assistance through the Santa Ana Redevelopment Agency, will upgrade and recycle the commercial uses on the site. The project would also promote the Main Street corridor with higher density mixed use development. The project would help initiate major new linear activity between Downtown and Fashion Square. The project should have a specific plan prepared for ultimate development of the site as recommended in the General Plan. The proposed project would generally conform with the existing zoning designations for the property. However, the project would require a zone change from R-1 (Single -Family Residential) to C-2 (General Commercial) for a small piece of property near the northwest corner of the site in order for the proposed project to be consistent with the zoning designation. The project would conform with the surrounding land uses since the types of uses proposed (retail and commercial) are characteristic of the existing uses in the project area. The proposed development would accomplish the objectives of the Redevelopment Plan by revitalizing and restoring the economic, social and physical health of the Redevelopment Project Area. The project specifically complies with the objective to provide the Agency the tool by which the Agency may participate in a plan to increase the existing shopping area known as Fashion Square Center. The project should compliment the downtown area by expanding and varying the economic base in the city. The existing surface level parking lot south of Mainstreet Center provides parking for customers, tenants and visitors of the Fidelity Savings office building. This parking lot is divided in ownership by KLST Partnership, Ltd. and Comet, Inc. as shown in Figure 75D-495 E 19. The City of Santa Ana has an agreement with Comet, Inc. and KLST whereby Comet, Inc. agrees to provide parking, in addition to parking provided by KLST, for tenants of the Fidelity Savings building until the year 2023 or until recission of the agreement. The proposed project would eliminate the west parking lot owned by KLST (Sales Parcel 3) and y 60 feet at the west end of the Comet, Inc. parking lot (Sales Parcel 5). l The Fidelity Savings Building consists of approximately L' 116,900 square, feet of gross floor area. There are approximately 418 parking spaces in the total parking area serving the building, representing an existing ratio of 3.6 parking spaces per 1,000 square f feet of gross floor area. Approximately 198 of these spaces are located i., in the area proposed to be acquired for the Fashion Square project (Sales Parcels 3 and 5). Assuming no redesign of the remaining parking area to include compact car spaces, the Fidelity Savings Building Would be left with 220 parking spaces, for a ratio of 1.9 spaces per 1,000 i square feet of gross floor area. The City of Santa Ana zoning ordinance requires one parking i', space per each 300 square feet of floor area for office buildings, but i in practice, the City measures this requirement against about 90 percent of gross floor area, with the remainder consisting of hallways, l '.. elevators, restrooms and similar non -office space. This results in an effective official city standard of 3 parking spaces per 1,000 feet of gross floor area. Applied to the Fidelity Savings Building, this would call for 351 parking spaces. Thus, without mitigation, the Fidelity Savings Building would have a shortage of 131 spaces below the City established standard for office buildings. This could result in impacts on surrounding areas, in that there may not be enough on -site parking for tenants, employees, and clientele of the building, who would therefore seek alternative parking in adjacent shopping centers and along public streets. It is quite speculative at this time whether this pattern would occur to the extent 75D-1596 E of creating a severe parking problem in the area, since it depends both on the future availability of alternative parking in the area and on the actual future parking needs of the Fidelity Savings Building. For purposes of this environmental review, it will be presumed that the loss of parking spaces by the Fidelity Savings Building will amount to a significant effect on the environment only if it is not mitigated so as to provide that building with at least the 351 spaces required under current City off-street parking standards. i� (It is true, of course, that even with mitigation to the extent of providing 320 spaces, the Fidelity Savings Building would still lose the 67 spaces it now has in excess of City standards, and that such decrease, while not deemed substantially adverse to the L environment, does take away something of value to KLST. This, however, would be a loss of value for which the Agency would be required to G° compensate KLST in the course of its acquisition of Sales Parcels 3 and 5 by purchase or eminent domain). t�.. In order to provide 351 spaces to the Fidelity Savings Building, it will be necessary to provide that building with additional land usable for off-street parking, The amount of land required will depend upon the City's requirements for parking space size and aisle width as well as the amount of additional spaces to be provided. The existing Fidelity Savings Building parking area is designed for � 9 Y 9 9P 9 +a full-size car spaces. The City zoning code does allow, however, for up ' to 40 percent of parking spaces to have the smaller dimensions prescribed for small cars together with some reduction in the width of i aisles serving such small car spaces. The Redevelopment Agency currently owns the strip of vacant land between the Fidelity Savings site and the Owens Drive extension to the south. Of this land, approximately 26,300 square feet lies to the south of that portion of the Fidelity Savings site which would remain after the loss of Sales Parcels 3 and 5. The City's Planning Department has conducted a review which indicates that, if this 26,300 square foot 751Y-197 area were added on to the remainder of the existing Fidelity Savings parking area and the entire parking area were then redesigned to provide l 35 percent small car spaces, then 259 total spaces could be provided. i This still leaves 92 spaces to be provided, and the only land available for this purpose appears to be some part of the Fashion Square Project site itself. It is therefore recommended that the Agency and the Developer seek an agreement with KLST to provide additional off-street parking, sufficient to satisfy City code standards, for the Fidelity Savings Building by sale or lease, or some combination thereof, of both the vacant Agency land to the south and some portion of the Project site in the near vicinity. The amount of land involved will depend upon the extent to which the existing and additional parking area is redesigned for small car spaces, which is a matter to be negotiated by the interested parties. At the least, however, the Agency and the Project Participants should offer KLST sufficient land at fair market value (or fair rent) in trade-off against the land to be acquired for the Project (Sales Parcels 3 and 5), to allow for a total of 351 parking spaces, assuming the maximum number of small car spaces, with the Agency and/or the Project Participants to bear the cost of installation of the new and redesigned parking areas. (It may prove advisable to offer more land for more spaces in order to avoid potential severence damages, but this is a legal and economic issue rather than an environmental concern). L3 Cumulative Impacts 1 Construction of the "cumulative projects" listed in Table 3 would result in a high intensity of commercial and office uses in the project area. The proposed project in addition to the other proposed projects would convert existing vacant land into commercial uses, which , would reduce open space in the area. However, the area is proposed for commercial uses by the respective general plans and, therefore, the f n 75D 198 75D-199 proposed developments are not inconsistent with the proposed land use designations. The cumulative projects could result in cumulative impacts to adjacent land uses, especially residential areas. The cumulative impacts to local residents could consist of increased noise, reduced air quality, increased local traffic, increased illumination, etc., as described in the appropriate sections of this report. The proposed project would contribute to these cumulative impacts. i 5.1.3 Mitigation Measures 1 a) The project should be landscaped similar to, or more extensive than, the existing landscaping in order to buffer the development from surrounding residential areas as much as possible.. b) All tenants displaced by the project will be provided assistance in accordance with State law and Santa Ana Redevelopmenti. Agency policies. I ci The Agency and the Project Participants should offer KLST land (including the Agency owned land to the south of the Fidelity Savings Building and a portion of the Project site in the near vicinity) I at fair market value (or fair rent, if a lease arrangement is preferred) in trade-off against the acquisition of Sales Parcels 3 and 5. The land area so offered should be sufficient to allow a total of at least 351 1. parking spaces serving the Fidelity Savings Building assuming a maximum permitted amount of small car spaces, with the Agency and/or Project t, Participants bearing any necessary design and installation costs. d) Ultimate development of the project site should occur through the specific plan process. The specific plan should provide information on how the project would incorporate pedestrian walkways, building configurations, and open space with key transit routes. 56 75D-200 I r 5.1.4 Significant Environmental Effects Unless agreements can be reached with KLS7 for the provision of additional off-street parking for the Fidelity Savings Building, the project will result in inadequate off-street parking for that building. I 75D'201 r 5.2 Soils and Geology 5.2.1 Environmental Setting ' A soils and geology report has not been prepared for the proposed project. A soils and geology report* was prepared, however, 1_ for the Fashion Square Parking Structure located west of Fashion Square Shopping Center within the proposed Fashion Square Commercial Center 1 project boundaries. This section will summarize the information ' contained within that report and will serve as general information of the soil type on the project site. , Natural soils underlying the parking structure and presumably i [' the project site are alluvial deposits associated with deposition by the Santa Ana River. The upper deposits are comprised of variable fine, sand, silt and clay mixtures. In -place consistency was found to be'. t somewhat non -uniform, generally ranging from moderately loose or soft to i compact. These upper non -uniform deposits extend to depths of 12 to 25 feet in thickness. The soils between 25 feet and 50 feet, the maximum ' depth explored, consisted of compact to dense, fine to course sands and gravels. (� Artificial fill,.apparently associated with the original overall grading of the Fashion Square site was encountered in all the test borings made within the paved areas that were once located where the parking structure is now located. In general, the depth of fill was ¢ greatest along the east edge of the parking structure site and then i gradually decreased in depth toward the southwest. The fill material [� was predominantly comprised of variable silty sand and clayey sand mixtures with occasional sandy clay and clean sand layers. No t * Soils and Foundation Investigation Fashion Square Parking Structures, Soils International, February 23, 1977. 75DPi202 significant contamination was observed and the in -place consistency appears to range between moderately compact to compact. The remaining portion of the proposed project site (Main Street Center and the surface -level parking lot) probably contain some quantities of fill material from when these areas were constructed. The vacant parcel probably contains very little if any, fill materials. Except for some shallow subsurface fill material, the soil of that J' portion of the project site south of Fashion Square Center probably consists of Santa Ana River alluvial deposits as is characterized by the soil underlying the parking structure. f f 5.2.2 Impacts a Project Impaets Since there were no identified soils and geology constraints or problems with the Fashion Square Center parking structure, it is not anticipated that there will be any adverse soils and geology impacts j associated with the proposed project. Any potential impacts that may occur would probably be mitigated with proper engineering techniques. r I As indicated in the Participation Agreement, "it shall be the sole responsibility of the participant, at the participant's expense to J investigate and determine the soil and seismic conditions of the 1 participation parcel and sales parcels and its suitability for the development to be constructed thereon." The Participation Agreement also states that "it shall be the sole responsibility of the participant, at the participant's expense, to do all work necessary to demolish, grade, clear, and prepare the z Participation Parcel and Sales Parcels and to investigate and determine the soil conditions of the Participation Parcel and Sales Parcels and 75[X-203 E t the suitability of the Participation Parcel and Sales Parcels for the development to be constructed by the Participant. If the soil conditions of the Participation Parcel and Sales Parcels or any portion thereof are not in all respects entirely suitable for the use or uses to which the Participation Parcel and Sales Parcels will be put, then it is the sole responsibility and obligation of the Participant to take such action as may be necessary to place the Participation Parcel and Sales Parcels in all respects in a condition entirely suitable for the development thereof."* Any soil and/or geologic conditions that could create building and construction impacts will have to be disclosed and corrected at the Participant's expense in accordance with the City's standard building permit approval process. Cumulative Impacts The cumulative impact of this development end other identified developments in the area are not anticipated to have any impacts on soils and geology in the area. 5.2.3 Mitigation Measures No mitigation measures are proposed. 5.2.4 Significant Environmental Effects No adverse impacts are anticipated. * City of Santa Ana Redevelopment Project, Santa Ana, California, Fashion Square Commercial Center Site, Participation Agreement by and Between Community Redevelopment Agency, City of Santa Ana and Federated Department Stores, Inc. and Santa Ana Venture, p. 14. 75D-204 5.3 Hydrology 5.3.1 Environmental Setting The project site is basically flat and almost entirely covered with buildings and parking lots. Runoff from the site drains in a southwesterly direction to a 36-inch storm drain in Arnett Drive. Runoff from the storm drain in Arnett Drive discharges into Santiago Creek. There is also a 42-inch storm drain in Main Street that collected some runoff from the site which also discharges into Santiago Creek. The runoff generated from the northwest portion of Fashion Square drains into an open channel located within the freeway right-of- way (CALTRANS' property) and empties into the Santa Ana River.* U; 5.3.2 Impacts Project Ympacts Since the site is almost completely covered with development at the present time, the proposed project is not anticipated to result in a significant amount of additional runoff. The existing drainage facilities that serve the site should be adequate to accommodate the `1 additional runoff generated by the project. Any improvements which do prove to be necessary will be required to be made at the time of construction pursuant to the City's standard building permit approval I process. Cumulative Proposed Impacts s G The proposed project in conjunction with other developments in the area would result in an increase in the amount of stormwater runoff. The additional increase in runoff generated by the cumulative projects * John Burk, Senior Civil Engineer, City of Santa Ana, Public Works. 75D-At E Li I is not known at this time. Therefore, it is not known if the existing storm drain facilities in the area could adequately accommodate the additional increase in runoff. if the existing facilities are inadequate, then improvements to the facilities would be required, at the time of development of the cumulative projects pursuant to the City's standard building permit approved process. 5.3.3 Mitigation Measures No mitigation measures are proposed. 5.3.4 Significant Environmental Effects No adverse impacts are anticipated. 75D-206 i i 5.4 Biota 5.4.1 Environmental Setting The project site is located in a mature urban environment with d residential and commercial land uses. As a result, the natural vegetation in the project area has been replaced with introduced i � ornamental trees, shrubs and grasses. This vegetation consists almost entirely of species that were selected for their aesthetic qualities, adaptability to the urban environment and their ease of maintenance. The trees on the project site provide nesting and roosting places for several urban bird species. The urbanized character of the project site provides limited habitat for wildlife. Only small ground mammals and birds that ar$ adaptable and tolerant of man°s activities are able to survive in the project area. Mammal species include mice and gophers while larger species are non-existent. Urban bird species include House Finch, Song Sparrow, Common Raven and Mourning Dove. A list of the plant and animal r, species observed or expected to occur on the site is listed in Appendix I. 5.4.2 Impacts �' Project Impacts The construction of the proposed project will not result in any reduction in the amount of ornamental trees, shrubs and grasses on the site, although the location will be changed. A project landscaping plan will be required subject to Agency approval per the Participation Agreement.* During the demolition and construction phases of the a * City of Santa Ana Redevelopment Project Santa Ana, California, Fashion Square Commercial Center Site Participation Agreement By and Between Community Redevelopment Agency, City of Santa Ana and Federated Department Stores, Inc., and Santa Ana Venture, p. 16. ,a i I� project, the small ground -dwelling animals and the birds would be forced to migrate to the outlying areas. When the project is completed and the project area is re -landscaped, wildlife would probably return. Cumulative Impacts The proposed project, in conjunction with other development in the area, would result in a cumulative reduction of existing vegetation t and habitat during construction of these projects and consequently, a reduction of bird and mammal species. However, the vegetation and L landscaping that would be provided by the cumulative developments after project completion could actually result in an overall increase of urban L bird and mammal species. 5.4.3 Mitigation Measures i l_: The Participation Agreement requires the Project Participant =' to provide adequate landscaping on the site and provide for the Redevelopment Agency to approve all preliminary and final landscaping plans submitted by the Participant. to 5.4.4 Significant Environmental Effects 1 i There are no substantial adverse biological impacts t% anticipated as a result of project implementation. 1 i, i n I 75D-2b8 L I I I 5.5 Archaeology 5.5.1 Environmental Setting An archaeological record search was conducted by Dr. David Van Horn to determine if there were any recorded archaeological sites on the project site. The record search indicated that there are no recorded sites on the property and only one archaeological site, Ora-278, has been recorded within a two -kilometer radius of the site. Archaeological site Ora-278 is located southwest of the project site. 5.5.2 Impacts Project Impacts Since most of the site is already developed and there are no recorded sites on the property, no impacts are anticipated. Cumulative Impacts No cumulative impact is anticipated. 5.5.3 Mitigation Measures No mitigation measures are proposed. 5.5.4 Si nificant Environmental Effects No substantial adverse impacts are anticipated. 75D6109 W J C.; 5.6 Traffic and Circulation 5.6.1 Environmental Setting Santa Ana Fashion Square is an existing regional open shopping mall in Santa Ana, California. It is located immediately south of the boundary line with the City of Orange. Figure 20 illustrates the site and regional highway system. The site is bounded by Main Street to the east, the Garden Grove Freeway to the north, the Main Street Shopping Center to the south, and the interchange connector ramps of the Santa Ana and Garden Grove Freeways to the west. The site location and area highways are illustrated in Figure 21. Presently, Santa Ana Fashion Square consists of approximately 512,595 square feet gross floor area (GFA) of retail space anchored by two major department stores - Bullocks and I. Magnin - together with mall specialty shops, on 35.21 acres of land. The Santa Ana venture proposes to redevelop and expand this facility by acquiring parcels of land to the south of the existing center. As presently conceived, the redevelopment and expansion of the center consists of the following: 1. Retail - 1,200,000 square feet in addition to 400,000 square feet of the existing Fashion Square Center that will remain 2. Office - 1,500,000 square feet 3. Hotel - 1,200 rooms. The existing 163,403 square foot Main Street Center would be demolished under the proposal. 75D-210 ;• . :c _ _...F "_ >: _ 1 .L ei O' 'fir 1 yy't- �� � .•i r -. !f is •JZ' }._ _r• 'i -� ...-1�• •_ Or :�,• `c:—~J��-. ..r +3`..: ` Sil1.. gyiye.y.�E t ^„``"'.ec."+ �' { _,• ate: ; •-':. �• _ 9� _ - ci a ,�'�`• �q ._.. 10 , `C _ .•O i � - `Y16e x _ ^'rv,'• A .... i" 1f °''r;�'7 ..•.tie �' .-F. _ 'Y lA a cr oa h. y -� 'O ' _•tit_• r-j AllI i r• n a Y i 9 i zig a �� r .s a' im z o 00 CD ZZ i MI_ x 75D2211 i I I u `�✓ /�� �� �� f '' E _--- 91 I. �. 1 AL! 1 � J ''' '�_ 'l�l .�11` I. a 1`. e'_`—�`^', i• .i I� ��.r' ro jL J �l{-`^,s`.01�—� •� 7 � :..jai. s: L�_1•�-.:/ ^L.r J:41JI �IL�1� �'�.• f ^ �� f'I� •':ram` r11 a' '� •.. l -�—�r— 1 w lJ rCm 75D-212 I Freeway The principal access to the study area is shown in Figure 21. The area is served directly by three freeways: The Santa Ana (I-5), the Garden Grove (Rte 22) and the Orange (Rte 57) and indirectly by a fourth - the Costa Mesa -Newport (Rte 55). Interchanges are provided with the main arteries (Main Street, Grand/Glassell, Chapman and a partial interchange with Bristol/LaVeta). The existence of the I-5/Rte 22/Rte 57 interchange creates a "spaghetti bowl" immediately adjacent to the study area. This Beverly limits opportunities for creation of new ramps without substantially reconstructing the existing facilities. The freeways themselves create significant travel barriers and bridge crossings are limited to relatively few locations. The City of Santa Ana and Caltrans have budgeted funds for construction of a new bridge over I-5 connecting Broadway with Owens Drive and linking with Parker Street and Lawson Way. j Interviews with the California Highway Patrol together with field observations -ndicate that the freeways are relatively free flow during the off peak periods. I-5 is congested in both directions during the AM and PM peak periods and is becoming increasingly congested during non -peak periods, especially noontime. Rte 57 is relatively free flow except for the southbound connector to I-5 in both the AM and PM peak periods. Northbound Rte 57 is congested north of the study area during the PM peak period at Ball Road. The Rte 22 Freeway is relatively free flow in the vicinity of the study area throughout most of the day. However, congestion does occur daily at locations outside the study area. Eastbound Rte 22 backs up from its transition with Rte 55 in the morning (for the southbound connection) and during the evening (for the northbound connection). Caltrans recently improved westbound Rte 22 in the vicinity of Bristol/LaVeta. This substantially reduced what was previously one of the most congested exists on eastbound Rte 22 in advance of the transition to I-5 and Rte 57 during both peak periods. , However, through traffic eastbound on Rte 22 passes this congestion with 75W213 relatively minor delay by using the number one lane. All freeway to freeway connections to and from the study area are relatively free flowing with the following exceptions: I. The southbound Rte 57 to southbound I-5 connector during both peak periods 2. The eastbound Rte 22 to northbound Rte 55 during the PM peak period. Peak period congestion on the southbound 1-5 creates a backup of traffic on southbound Rte 57 and eastbound Rte 22 Freeways. Once a motorist reaches the eastbound Rte 22 connector (from either southbound Rte 57 or I-5) then free flow conditions are encountered through the study area. Other than the existing congestion on the southbound 1-5, nearly free flow freeway conditions are (or could be available) to/from the study area. To take advantage of this situation, access to the study area must be via Rte 22 rather than I-5. Ramps Several ramps serve the study area, but two in particular, are considered important. These are the two Main Street interchanges with I-5 and Rte 22. Neither of these interchanges is a conventional design nor is either particularly well suited to accommodate the high volume of traffic expected from new commercial development in the Main Street Area. The 1-5/Main Street Interchange has one off -ramp directing traffic onto a residential street with a stop sign at the end of the ramp. The on -ramp directs on -ramp traffic through a circuitous "maze" of tight turns through a residential neighborhood. A third ramp directs Main Street traffic off to Broadway instead of Main Street and the Rte 22/Main Street Interchange is situated such that it does not serve Main Street directly. It directs freeway traffic on or off to two side streets -La Veta and Town and Country Road. in addition, the Main Street/Rte 22 Interchange has no bridge over the freeway to connect the on and off ramps. 75D27 14 i Two isolated off -ramps which directly serve the Fashion Square area are particularly noteworthy. These are the La Veta off -ramps from southbound I-5 and southbound Rte 57. There are no corresponding on -ramps, but the return trip is facilitated via the Bristol Street on -ramp to eastbound Rte 22 and the "horseshoe" connector to northbound I-5 or Rte 57. These two off ramps serve Fashion Square in a reasonably { direct manner with little delay encountered. However, the return trip via the "horseshoe" involves considerable out -of -direction travel. The severe congestion associated with the "horseshoe" connector makes the t` return trip tq.the freeways particularly unsuitable. i i Arterials The Orange County Master Plan of Arterial Highways (MPAH) shows relatively few main arterials serving the study area. These arterials are shown in Table 4. Lawson Way, an existing 406 lane wide street, which provides direct access to the Rte 22 Freeway, is not included on the MPAH. This appears to be a significant omission particularly since the road does provide direct access to a freeway. Furthermore, with the completion of the Broadway Overcrossing (including construction of Ovens Drive), Lawson Way offers a more attractive routing to and from Rte 22 than Main Street. This fact becomes increasingly more important if, as will be discussed later, a bridge is constructed at the Main Street/Rte 22 Interchange connecting the ramps. Although the MPAH indicates the future configuration of arterials serving the study area, there are substantial gaps in what exists today. Glassell Street north of La Veta Avenue is essentially a two lane roadway with several four-way stop controlled intersections and a traffic circle located at the intersection of Chapman Avenue. These restrictions effectively limit the capacity of Glassell Street, to little more than its present volume unless a major widening program is completed. 71 75D-215 Natural barriers to travel such as the I-5 and Rte 22 Freeways and Santiago Creek restrict north -south travel. Santiago Street, the only crossing of Santiago Creek between Main Street and Grand Avenue, has been closed to protect the residential area south of the creek from traffic generated by new development in the study area. TABLE 4 ARTERIALS SERVING THE STUDY AREA Arterials MPAH Classification i N-S 1. Main Street Major/Primary 2. Grand/Glassell Major/Primary 3. Batavia Street Secondary 4. Flower Street Commuter 5. Broadway/Owens Drive/Parker Secondary/Primary k- 6. Lawson Way Not Included E-W 1. 17th Street Major L 2. La Veta Avenue Primary 3. Town and Country Road Primary 4. Chapman Avenue Primary 1� With Santiago Street closed and Glassell Street offering ! limited capacity, at least for the foreseeable future, the principal north -south access to and through the Fashion Square area will be Main i k Street. Parker Street has an undercrossing of Rte 22 but offers only limited possibilities. Its principal function is to provide the north -south link for the Rte 22/Main Street Interchange. With the completion of the Broadway Overcrossing, Lawson Way offers an excellent opportunity to supplement north -south access. 72 75D-216 The cross section of Main Street varies considerably throughout the study area. North of La Veta, Main Street has four lanes and a left turn median. Signals exist at two intersections between Chapman Avenue and La Veta Avenue, but they do not seriously effect street capacity. The capacity of Main Street is determined at the intersections with La Veta and Chapman. South of La Veta, Main Street generally has three lanes northbound and two southbound with median turning lanes. The curb widths vary, but the five travel lanes exist t between 17th and La Veta. Main Street, in the vicinity of I-5, has LZ experienced severe congestion in years past. Recent improvements by the I City of Santa Ana including relocation of the southbound on -ramp, elimination of parking and left turns at several locations and restriping have significantly improved the level of service. Left turn ILI restrictions associated with the 1-5/Main Street Interchange (southbound off and northbound on) have increased the inconvenience for some freeway - traffic. However, this inconvenience is offset by a significant I improvement in the level of service provided on Main Street. Several i f: "complaints" were registered by residents during the Phase One TSIP Study regarding the inconvenience caused by left turn restrictions but actual measurements show relatively little impact whereas travel time on t` Main Street is much improved. f 'Cs Traffic Volumes i !, Peak hour traffic volumes were used for analytical purposes I for both present and future conditions. Peak hour volumes for all I signalized intersections in the study area are presented in Appendix II -A. The source of data is existing counts from the two cities, both of whom maintain active annual counts programs, and several additional counts collected expressly for the Phase Two Transportation System Improvement Study. The machine counts along with several individual intersection peak hour turning movement counts were collected by Newport Traffic Studies (NTS). CalTrans provided information on freeway counts as well as selected on and off ramp peak hour counts. Travel time and delay data were collected for all major roadways in the study area and is presented in Appendix II-B. 75D-217 IL A special Christmas season traffic count was conducted during the peak hour at the intersection of Main and Town and Country (Fashion Square Entrance) to determine what changes occurred during peak shopping periods. The surprising results showed that typical Christmas and non -Christmas peak hourly intersection volume (5:00 PM - 6:00 PM) was the same (2,535 vph during Christmas compared to 2,566 vph during the non -Christmas season). Intersection Capacity Analysis An intersection capacity analysis was conducted utilizing PM peak hour turning movement counts collected at all signalized inter- sections. Appendix II -A shows the existing number of approach lanes at each signalized intersection along with the PM peak hour traffic volume. This information was used as the basis for the capacity analysis using an Intersection Capacity Utilization (ICU) technique to report thejLevel of Service. In order to calibrate the ICU analysis to the actual driving characteristics of motorists encountered in the study area, a special study of lane capacities was undertaken. The results indicate the following lane capacities per hour of green time at signalized intersections: Lane Designation Single Left Turn Lane Dual Left Turn Lanes Thru Lane (including right turns) Ca acit 1600 2750 (1500 one lane, 1250 2nd lane) 1700 * These are actual flow rates observed at the four approaches on the intersection of Main/La Veta. The flow rate is expressed in terms of vehicles per hour of green signal time. 775D-218 7 An independent ICU capacity analysis was conducted for the intersections along Main Street by the firm of Linscott, Law and Greenspan, Inc., (LL&G) on behalf of the developers of Fashion Square. Although there were some differences in assumptions and lane designa- tions made by the analysis, the results of the two ICU studies corroborated one another. (The LLG study was done to determine the extent of additional development which could be accommodated by the existing arterials without necessitating a major widening program. That analysis indicates that six travel lanes will be required on Main Street L to accommodate the traffic to be generated by approved projects and that i expected in the first phase of the proposed Fashion Square Expansion and L.` a number of other approved or anticipated developments in the area. ' LL&G's study presumed the completion of the Broadway Overcrossing . Li, Project.) The existing level of service provided by the arterial highway system was examined using ICU type of analysis. Supplemental information in the form of a signal cycle inventory of the existing signalization was conducted. The results of the Intersection Capacity Utilization for critical signalized intersections in the Study Area is shown in Table 5. The results of the signal cycle inventory is presented in Appendix II-C. i v f f a f I 75D-219 I L I TABLE 5 INTERSECTION CAPACITY UTILIZATION 1981 - PM PEAK HOUR Total Vol. Location Entering ICU 1. Main/Chapman 3,292 0.77 2. Main/Almond 2,128 0.54 3. Main/Culver/Stewart 2,606 0.55 4. Main/La Veta 4,855 0.93 5. Main/Town & Country 2,414 0.47 6. Main/Edgewood 2,226 0.49 7. Main/Santa Clara 2,942 0.56 8. Main/Buffalo 2,443 0.71 9. Main/17th 4,450 0.69 10. 17th/Spurgeon 2,779 0.52 11. 17th/Penn Way 2,731 0.67 12. 17th/Valencia 3,142 0.81 13. 17th/Santiago 2,828 0.49 14. 17th/Lincoln 3,421 0.84 15. 17th/Grand 4,425 0.77 16. Grand/Santa Clara 2,942 0.56 18. Glassell/Garden Grove FWY Ramps 3,031 0.75 19, Glassell/La Veta 2,388 0.79 20. La Veta/Pepper 3,052 0.85 21. La Veta/Garden Grove FWY Ramps 3,312 0.62 22. Garden Grove FWY/Town & Country 1,784 0.64 City Parking Requirements LOS The City of Santa Ana's code required parking for land uses anticipated in the study area was investigated. The code requirements are shown in Table 6. Comparison of the code requirements with typical code requirements existing elsewhere and with actual parking experience shows the City of Santa Ana's requirement is high with respect to retail parking but adequate for office parking. The City of Los Angeles has recently completed a study of parking usage. The study indicates employment is a more predictable unit of measure for parking than square footage. Their study shows offices generate an average parking demand of 0.70 spaces per employee. However, in the downtown CBO area which is 75D-210 r- well served by transit, the actual parking demand ranges between 0.41 and 0.68 spaces per employee. This indicates that transit service can produce a significant reduction in the need for office parking. Another parking study recently completed in Anaheim showed actual parking usage rates of 5.0 spaces/1,000 SF for retail and 3.0 spaces/1,000 SQ for high rise offices. This is the same as required in the massive Century City office development. Examination of the parking being provided by the Continental Cities Development shows 3.0 spaces/1,000 SE are being supplied. The City of Santa Ana code requirement of 6.7 spaces/1,000 SF of retail is higher than necessary to satisfy normal or even peak retail parking demand. Land Use Office TABLE 6 CITY CODE PARKING REQUIREMENTS Unit 1,000 SF Retail 1,000 SF Hotel Room Transit Service Parking Required (spaces per unit) Sant— a Typical Requirements 3 6.7 0.5+0.33/ employee 2.4 - 4.0 4.5 - 5.0 1.0 Existing bus routes, stops and transfer locations serving the study area are presented in Figure 22. Information was obtained from the Orange County Transit District (OCTD) of residence of employees who work in the North Main Street area and for bus patronage. This information is presented in tabular form in Appendix II-D. Table 7 shows a breakdown of the typical driving distance for employees of the Main Street area. 77 75D-221 C: t t' I 1 I _ t LECEND'. OVT movTgS------------ DOS RO►S - • TAANSFROt /OIMIS — 8 [Yong ss Aral.- Source: Title: JEF•ENGINEERING ' E-XISITING BUS, ROUTES AND STOPS 22 75D-J12 i i Examination of the existing transit service in the study area shows most service is concentrated on Grand/Glassell Street. Main Street has only one line (53/53A) which does have 20 minute service in peak periods. East -west service is provided on Chapman Avenue/Almond Avenue, La Veta Avenue, and 17th Street. One express bus line (202) does service the Main Street area with one stop. RTD provides service l from one line (800) on Main Street. I An investigation was conducted to determine the total time `= required to use existing bus service from Fashion Square to the Amtrak Station in Santa Ana. The total time required (including waiting between transfers) is 45 minutes to an hour. r TABLE 7 DISTANCE OF EMPLOYEE RESIDENCES FROM NORTH MAIN STREET Number of j Distance Employees Percent Less than 5 miles 1,535 41% 5 to 10 miles 1,645 43% 10 to 15 miles 502 13% 15 to 20 miles - 50 1% + Greater than 20 miles 57 2% Total 3,789 100% f i; One transfer is required to complete the trip. Frequent E transit service does exist along Main Street, but the Amtrak Station is too far from Main Street to walk. A similar situation exists for the future Amtrak Station planned in Anaheim Stadium where no direct bus i service is provided between the rail station and Fashion Square. Consequently, it is expected that a shuttle bus system operating between the two Amtrak stations and the Main Street portion of the study area is going to be needed to take advantage of expanded commuter rail service proposed in the future. The City of Santa Ana is expanding the parking 79 75D-223 capacity of its Amtrak Station through relocating to Santa Ana Boulevard. Relocation to Santa Ana Boulevard will effect available transit serving the station. Two lines (61 and 75) serve the present location for the Amtrak Station and two lines (69 and 85) serve the future Santa Ana Boulevard location. Reasonably good and relatively direct bus service is provided between Fashion Square and the downtown Santa Ana Park and Ride Station and the future Santa Ana Multi -modal Terminal. If the first phase of the future rapid transit starter line were to be the PERR alignment (as opposed to both the N-S and PERR Lines), then reasonably frequent (10-20 minute) and direct service between Fashion Square and the PERR Starter Line would be provided by the fixed route feeder bus system. Upon completion of the N-S Transit Line, direct accessibility to a rapid transit facility will be available in the Fashion Square area. Status of TSIP Agreement i The Cities of Santa Ana and Orange have adopted a Transportation Systems Improvement Program (TSIP) Agreement to fund construction of transportation improvements needed to support the 5 proposed development in the Main Street area. The agreement establishes a one percent assessment fee on all new development in the TSIP area to ibe used for implementation of improvements identified in the Phase Two I TSIP Study and mutually agreed upon by the Cities. The consultant's recommendations for the Phase Two TSIP master plan are presented in Figure 23 and Table 8 and are currently under review by both of the Cities involved. Review by outside agencies such as CalTrans, etc., 1 have indicated that the project proposals are feasible although a funding shortfall has been identified. i The entire TSIP plan, exclusive of the widening of the Santa Ana Freeway which is a project of regionwide interest, is estimated to cost $16.66 million (1982) dollars. Full development of the one percent 7. TSIP assessment fund will generate approximately $8 million - creating a i. 75D-1�4 Source: I Title: JEP',ENGINEERING TSIP.IMPAt VEMENT PLAN 123 81 75D-225 TABLE 8 ! PHASE TWO TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM i Project Cost Priority Complete TSM/Parking Management $485,000 I Program. I+ Auxiliary Lane S/B I-5 7.0 M III i I, Auxiliary Lane N/B I-5 8.0 M III r Lawson Way Bridge 4.5 M I } Fashion Square Service Road Ramps 0.5 M I New S/B Main St. on -ramp 1.0 M I Realign N/B I-5/Main St. off -ramp 2.0 M II r New La Veta Ave on -ramp 1.0 M II -6 Modify 17th St./I-5 Interchange 2.5 M II y Modify Glassell St./Rte 22 Interchange 2.0 M III Widen Main St. (8 lanes Memory L Lane to La Veta) 2.0 M I i j Complete Memory Lane (east L; of Lawson Way) 75,000 II Complete Santa Ana Residential Traffic Control Plan 50,000 I Develop Orange Residential Traffic Control Plan 50,000 I i Widen Bedford Road 500,000 III Total $31.66 Million 1 I 75D-226 shortfall of $8.66 million. In order to fully implement the transportation improvements necessary to support maximum development envisioned in the Main Street area, an additional $8.66 million (1982 dollars) will be necessary. As a result, the Fashion Square project (including developers and the City's Redevelopment Agency), and all other future developments in the TSIP area as well, must be prepared to fund transportation system improvements substantially in excess of what the one percent assessment fee would otherwise support. t- WE I I 75D-227 5.6.2 Impacts Introduction The entire vicinity of Main Street, including Fashion Square and Town and Country, is undergoing intensive new development. As a i result, the Cities of Santa Ana and Orange jointly developed a computerized travel model to analyze the traffic impacts of new projects ! in the area. (That travel model, referred to as the SATC/TSIP Model, is t a derivative of the regional Multi -Modal Transportation Study (MMTS) - 1. Santa Ana Transportation Corridor (SATC) Model. The only difference is that the SATC/TSIP version of the model disaggregates the area of North } Santa Ana/South Orange into smaller zones and includes a highway network with Primary and Secondary classifications rather than only the "Majors" i included in the MMTS/SATC Model). i r The SATC/TSIP Model was created for the purpose of analyzing traffic impacts of various development proposals as they come forth. L3 The SATC/TSIP Model incorporates an estimate of the maximum density envisioned for each zone along Main Street as well as current estimates �+f for additional development in the remainder of the region. This model formed the basis for travel forecasts expected from the maximum planned l development in the Main Street area and a master plan of transportation improvements for highway and transit facilities was developed. The availability of the travel model and the designation of the zones in the vicinity of Main Street are well suited for the traffic analysis necessary in the EIR process. In fact, the regional model, i which has been refined for detailed analysis of the study area, provides considerable more information for an EIR study than is normally 1 � available. The model provides for distribution and assignment of travel r on region -wide basis. Frequently, traffic studies for EIR purposes must ? make large assumptions as to the trip generation distribution and assignment from a new or expanded facility. These assumptions can be a weakness when the project under consideration is large and the resulting 75D-2248 i 70 peak hour trips are sufficient to cause a significant shift in both mode selection and time of travel. Such is the case with the proposed Fashion Square project. The anticipated trip generation is large compared to traffic presently existing on the streets. Several new highway facilities are proposed which will cause significant changes to r occur in existing travel patterns that accompany major changes in demand (such as created by Fashion Square) and highway and transit capacity. 4 As a result, the SATC/TSIP regional model was selected as the basis for i� the Fashion Square EIR traffic analysis. Scope of Work Much of the traffic analysis presented in the Fashion Square L EIR traffic study was performed during the Phase Two TSIP study conducted jointly by the Cities of Santa Ana and Orange. The primary effort undertaken with regard to the preparation of the traffic study for the Fashion Square project was: tom" 1. A comparison cf the current proposal's density with that programmed in the SATC/TSIP Model. 2. The conduct of a selected link analysis to isolate that ft traffic specifically generated by the Fashion Square project. 3. Evaluate that portion of the highway assignments attributable directly to Fashion Square. 4. Identify any impacts resulting from the Fashion Square proposal that were not included (or differed with) the overall master plan developed in the Phase Two TSIP Study. 75D-229 J.. } i� i L L i In addition, comparable trip generation rates were studied for high density commercial retail/office developments. It was noted during the Phase Two'TSIP study effort that the MMTS/SATC Model tended to forecast less traffic, particularly for large scale commercial developments, than some trip generation studies would otherwise indicate. Such a relationship seemed reasonable since it was recognized that large commercial developments offered better opportunities for ride sharing, transit and staggering of work hours. However, rather than to simply rely on this intuitive assumption, comparisons were conducted on commercial developments similar to that proposed in Fashion Square to ensure the trip generation model was realistic. To the extent possible, an intersection level capacity analysis was conducted as part of the EIR traffic study. The Phase Two TSIP Study conducted a capacity analysis at the arterial scale in sufficient depth to size the main arteries but had not extended the study to the detail of intersection level capacity analysis. Such was attempted in the EIR traffic study, primarily for the purpose of comparison with the classical Intersection Capacity Analysis (ICU) approach, but the effort was abandoned. Highway assignments are forecast on an individual link by link basis, but intersection turning movements are not readily obtainable. Assumptions would have to be made as to the percentage of thru and turning traffic at each intersection and these assumptions significantly influence the resulting capacity evaluations. Existing traffic data is available but does not necessarily provide an indication of future turning patterns because the proposed roadway network is substantially different than present. As a result, the comparison of ICU's was abandoned and a more generalistic approach taken whereby individual intersection approach volumes were compared against capacity to ensure a minimum level of Service D was provided. The typical cross section of Main Street is presumed to provide a median wide enough for dual left turn lanes. The proposed expansion of Fashion Square is one of the first projects to proceed after completion of the Phase Two TSIP Study. The 75D-2;30 Ea4 section of the Fashion Square EIR Traffic Study relies on the travel forecasts produced by the Phase Two TSIP Study and expands and foc6ses the analysis on the Fashion Square project. Included in the detailed analysis of the Fashion Square expansion is an investigation of trip generation rates for large commercial projects and examination of the impact of Fashion Square on the entire Main Street area. Freeway access recommended by the Phase Two Study is examined as well as changes in travel patterns that will occur and impacts on Main Street of a failure to provide any or all of the recommended freeway ramp additions. An intersection capacity analysis is performed which provides an indication of the impact newly generated Fashion Square traffic will have on two key Main Street intersections. This capacity analysis, which is based on the conventional "existing plus project traffic" approach is intended for comparative purpose only since existing conditions will be changed dramatically by planned development and roadway improvements in the area. Trip Generation Trip generation forecasts were prepared for the proposed maximum density development of the Fashion Square/Town and Country areas as part of the Phase Two TSIP Study. A "reasonableness" check was performed on the MMTS/SATC Model as a part of that effort to ensure that the trip generation aspect of the model realistically predicted travel demand. That analysis indicated that the MMTS/SATC Model's trip generation procedures did produce reliable estimates of total trip generation. The results of the trip generation for Fashion Square are presented in Table 9. 75D•�31 TABLE 9 FASHION SQUARE TRIP GENERATION AM Pk PM Pk Off Peak Daily Inbound 6,668 4,552 17,317 28,537 Outbound 729 10,832 17 147 28 708 T,39! 15;38-T .Vff 5-5r-i In order to test the validity of the MMTS/SATO Model's trip generation algorithm, extended peak period driveway counts were conducted at a number of office buildings in the vicinity of Main Street and trip generation information for other large scale office developments in the metropolitan area was researched. The results are presented and shown graphically in Table 10. The graph indicates that while the peak trip generation may be highly concentrated for relatively small office buildings (one hour and frequently less) it tends to become a peak period of 2 hours or longer for large office complexes. Prediction of these changes in travel patterns is an inherent characteristic of the regional travel model and is particularly appropriate in analyzing the changes that can accompany a proposed high density development such as Fashion Square. 75D-2932 i TABLE 10 OFFICE TRIP GENERATION RATES (PM PEAK PERIOD) I Size PM Pk Hour Peak 2 Hr Pt Location SF Vacancy Enter Exit Enter Exit 1. 2525 N. Main 84,500 NA 0.16 1.73 0.40 2.37 L. 2. Wells Farbo/ Caldwell/Banker 103,000 6.4% 0.71 1.61 1.33 2.85 L' 3. Holmes & Narver 100,000 NA 0.10 2.17 0.19 2.59 I f 4. Fidelity Savings 110,000 6.0% 0.29 1.53 0.49 2.99 L: 5, Union Square Plaza 363,000 3.9% 0.09 1.63 0.17 2.24 t 6. Newport Center 812,000 NA 0.23 1.16 0,42 2.00 Comparable Projects which Indicate Trends Only 'J (Data not Complete)* 7. Century City 907,000 NA 0.27 1.02 0.57 1.81 P 8. Continental Cities (EIR) 754,850 NA 0.20 1.03 NA NA sj v * Note: This data presented to indicate trend of large office complexes is toward lower trip generation rates per 1,000 SF but data is incomplete - actual trip generation rates may be different. t S f L 9 75D-233 Trip Distribution and Assignment Distribution and assignment of trips generated by the Fashion Square project was obtained from the regional model. Figure 24 presents the 1995 travel forecasts obtained from the TSIP/SATC Model for maximum development of the Main Street/Town and Country area. A "selected link analysis" was performed on the highway assignment for the critical afternoon peak period. Two freeway flow conditions were examined. First, the freeway was treated as if sufficient capacity were available, and/or ramp metering were provided, which permitted the freeways to operate at near optimum flow rates, i.e., 35-45 miles per hour. Secondly, the freeway assignment resulting from a congested (stop and go) condition on the freeways was examined. The typical trip length for travel associated with Fashion Square was also investigated. Analysis shows that 57.2 percent ofithe trips to and from Fashion Square will be less than 5 miles in length. Similarly, 95.9 percent of all trips will remain within Orange County whereas only 4.1 percent will travel to/from destinations beyond County boundaries. This information is corroborated by the Orange County Transportation Commission's employment study of Main Street which revealed 41 percent of existing employees live within five miles and 84 percent live within a 10 mile radius of the Fashion Square. With several commercial centers located close by, it appears reasonable that most shopping trips will be less than five miles in length. The combination of short shopping trips with the employment based trips show good correlation between the model output and survey data and provides reasonable assurance that the model's forecast of trip lengths is reliable. The distribution of inbound and outbound trips from Fashion Square during the critical PM peak period is presented in Table 11. This table shows that 72.3 percent of the highly directional outbound peak period Fashion Square traffic is oriented directly to the freeways. This demonstrates the importance of providing direct freeway access. from the site. 75D-f34 A I Cs L '.c- JiJ 31 it LV UU"LJlw 15 ]4 UVULl'Q'-l_. " LJLJ a to :;q 0 U., 1 13 p n 25 11 1 1{ a1 1��...77] u � �-----� ••' f�f a r.° � i � "., 31 IS 06 ao `.ate �� ¢, �' as ° eaeaj 26 !^ ctz �IV.J'�'U91 L.J�� 1 s• �\+++... �t Y; F . '� .'-� -Let--- Li LJ .+Y✓-�� 48 P all L : ` L it ;�,� e LJUDO!! LEGEND: ® = ADT (Y woo) Source: Title: 24 Oc JW ENGINEERING , \9 5 j�1V�� FpgE Ay,,T. 75M.135 TABLE 11 FASHION SQUARE FREEWAY TRAVEL DEMAND t. (PM PEAK PERIOD) Freeway Direction Outbound Trips i I-5 S/B 25.0% I-5 N/B 12.7% r Rte 57 N/B 3.9% Rte 22 W/B 16.7% Rte 22 E/B 14.0% Inbound Trips I-5 N/B 19.0% I-5 S/B 15.5% Rte 57 5/8 6.0% i Rte 22 W/B 16.7% Rte 22 E/B 6.0% 63.2% I Examination of peak -period highway assignments for the overall Fashion Square/Town and Country area revealed a significant portion of the would-be freeway trips generated may, in fact, travel by the arterials rather than the freeways. The MMTS/SATC Model's capacity i restraint program continually adjusts the freeway speeds (downward) as additional traffic is assigned. Freeway speeds slow to the point where travel by the arterials is faster. The model assigns trips to the ' fastest routing timewise, which results in freeway trips being assigned to arterial streets. i To determine the effect of the diversion of freeway oriented f traffic to the arterials, a "selected link analysis" was run on the SATC model. An optimum capacity condition was assumed for the freeways. Such a condition might be achieved by an effective ramp metering is program. The freeways were assigned a speed of 40 miles per hour, a i, 92 75D-236 speed generally associated with the maximum flow rates on the freeway. The analysis was conducted for the critical PM peak period (3:30-6:30 PM) Table 12 shows the results. Analysis shows that as a result of increasing freeway congestion, approximately 20% of would-be freeway traffic may be diverted from the freeways to arterial streets during the peak periods unless the freeways themselves are improved. The SATC model was also examined to determine how extensive the trip diversion from freeways to arterials was at some distance from the study area. The analysis revealed that motorists whose trips originate in the study area continued to avoid the freeway at locations away from the study area. Typical examples are indicated in Table 13. Analysis of Table 13 shows motorists will continue to utilize arterial streets in lieu of the freeways at distances considerably remote from Fashion Square unless the freeways themselves are improved. TABLE 12 PORTION OF TOTAL TRAVEL ASSIGNED TO FREEWAYS (PM PEAK PERIOD) Freeway Flow Condition Direction Percentage Congested To study area 11.8% Congested Out of study area 56.1% Maximum Capacity (40 MPH) To study area 57.8% Maximum Capacity (40 MPH) Out of study area 70.6% TABLE 13 COMPARISON OF FREEWAY ASSIGNMENT VS TRAVEL DEMAND AT VARIOUS LOCATIONS PM Peak Period Volume (x100) Location Direction eman ssignment 1-5 @ Rte 91 N/B 3 1 1-5 @ Rte 91 S/B 2 1 Rte 57 @ Rte 91 N/B 7 8 Rte 57 @ Rte 91 S/B 3 4 Rte 22 @ Beach W/B 11 5 Rte 22 @ Beach E/B 4 1 I-5 @ Rte 55 S/B 31 38 I-5 @ Rte 55 N/B 7 5 Rte 91 @ Rte 55 E/B 9 3 Rte 91 @ Rte 55 W/B 3 1 Rte 55 @ I-5 S/B 21 0 Rte 55 @ I-5 N/B 5 0 75D-237 Freeway Access to Fashion Square Existing and proposed access to Fashion Square is shown in a Figure 25 and the resulting directional distribution of ingress/egress is presented in Table 14. l TABLE 14 DISTRIBUTION OF ACCESS TO FASHION SQUARE Entrance Exit AM PM Oaf L' Town and Country 49.0% 41.6% 42.3% t= Broadway 28.6% 34.5% 28.75 Bedford Road 12.6% 13.4% 19.2% L., Service Road Ramps 9.8% 11.0% 9.8% Figure 25 illustrates that traffic generated by Fashion Square will not necessarily be concentrated on Main Street. Access to and from the freeways is designed to disperse traffic away from Main Street by taking advantage of Town and Country Road and Broadway and La Veta Avenue. In fact, Main Street does not provide any direct freeway access except for the Santa Ana Freeway and the revised circulation system provides alternative access to the Santa Ana Freeway. For example, �., southbound Santa Ana and Orange Freeway traffic have two off -ramp choices other than Main Street Interchange. These are the Bristol/La LVeta off -ramps and the Main Street ramp from the Garden Grove Freeway. E An Origin and Destination survey conducted during the Phase One TSIP study revealed most motorists coming from the north, who are , familiar with the area's freeway system, preferred to use the eastbound Garden Grove Freeway for access to the Fashion Square/Town and Country area rather than the southbound Santa Ana Freeway. 75D-298 LUGS ND: aglw.... MEWFRECWAY ACCI!" T'O iA3141aN SQUARE ........... EY13TING ACCESS TO WAIN 3TAEBY AND TOWN C COUNTRY AnEA Source: JEF ENGINEERING 1 1 4*- PDBa AADVL nu s•n �` FASHION SQUARE Nw• ffL sarD fYR 144V DTPPTIVL sagfr]L Title: 125 FREEWAY ACCESS TO FASHION SQUARE 75D=139 i . Fashion Square traffic destined for the southbound Santa Ana Freeway will have a choice between Main Street and Broadway south to the Buffalo on -ramp. Inbound Fashion Square traffic from the southbound Santa Ana Freeway has a choice of using either Main Street or Broadway. However, most of this traffic will have been intercepted and diverted to the La Veta off -ramps or the Garden Grove Freeway. Northbound Santa Ana Freeway will be provided with a direct off -ramp to the Fashion Square Service Road. Outbound Fashion Square traffic headed north will have an opportunity to use a new Main Street on -ramp or avoid Main Street altogether by using the Rte 22 Freeway. Fashion Square will probably be identified with Main Street ( and many motorists, particularly retail and hotel customers and visitors to the office buildings may use Main Street solely because of this identity. But more than half of peak periods travel will be by employees (commuters who seek out the shortest time paths which will be via freeway access other than Main Street. Capaci�:y Analysis k j An arterial capacity analysis was conducted using the traffic j assignment forecasts from the SATC/TSIP travel model. A detailed L�. location by location Intersection Capacity Utilization (ICU) analysis was not conducted since the highway assignments do not include t� intersection turning movements. An assumption that the turning movements will remain similar to those existing today is highly speculative given that intensive development of the Fashion Square/Town L and Country area will cause substantial changes in existing travel patterns. These changes will result from modifications to the existing highway network (new ramps, Broadway Overcrossing, Memory Lane, Lawson (' Way) and improved transit service as well as from increased ride sharing and staggering of work schedules. I a r " i 75D-240 'A The intersection capacity analysis involved a transportation a planning approach. The number of arterial lanes required to accommodate the directional design hourly volume (DDHV) was determined. i� The High Flow Arterial Concept Feasibility Study completed by the Orange County Transportation Commission examined several high volume r. intersections in Orange County. The study disclosed that 70-80 percent of traffic approaching a signalized intersection is thru traffic which receive 35-40 percent of the green time. !> From this information, an intersection capacity was estimated ( for thru and right turn traffic. This capacity is based on actual i experience at Main/La Veta where flow rates equivalent to 1,700 vehicles (., per lane per hour of green were observed. A theoretical approach capacity of 750-800 vplph was used in conjunction with SATC/TSIP Model forecasts of the DDHV to predict intersection capacity. Table 15 presents results of arterial capacity analysis showing the forecasted DOW compared with the current peak hour volume and the number of arterial lanes required to satisfy the demand. In the case of Main Street and La Veta Avenue, a curiosity is noted with r respect to a significant difference in the directionality of the DDHV flows. This situation is partially created by the construction of a new l off -ramp directly into Fashion Square which eliminates the necessity to !_ use Main Street northbound from the Santa Ana Freeway. A similar situation occurs on La Veta Avenue where inbound traffic from the 1� southbound Santa Ana Freeway can use eastbound La Veta Avenue (from Bristol/La Veta off -ramp) and return using eastbound La Veta Avenue to the La Veta Avenue on -ramp. In addition to the arterial lane requirements shown in Table 1� ! 15, a center median is recommended on Main Street with sufficient width to accommodate dual left turn lanes and a future mass transit guideway. The capacity analysis for Main Street indicates something less than-8 lanes may be sufficient to satisfy thru traffic requirements, but it is i 75D-241 i expected that high volume turning movements into the adjacent commercial developments will be needed. Consequently, an eight lane section with the curb lanes functioning more as right turn lanes and bus stops is required. I TABLE 15 1 ARTERIAL QIRECTIONAL DESIGN HOURLY VOLUMES Arterial Current Peak Future Lanes Street Direction Pk. Hr. Vol. DDHV Required i. C Main Street N/B 1,450 2,450 3 �` S/B 1,100 2,950 4 La Veta Ave. E/B 2,140* 2,000 3 t. W/B 1,100 1,500 2 r Town & Country Rd. E/B 850 1,600 2 W/B 425 1,600 2 Owens Drive E/B Negl. 1,300 2 W/B Negl. 1,450 2 f Broadway N/B N.A. 1,600 2 l S/B N.A. 1,700 2 Lawson Way N/B 100 2,150 3 S/B 125 2,150 3 * East t off" Main Street; 1,100 vph west of Main Street. L Fashion Square Impact on Main Street An analysis was conducted of the volume of the Fashion Square traffic that would use or cross Main Street and its impact on the l existing levels of service. The SATC/TSIP Model was used for trip € generation distribution and assignment and a selected link analysis was performed on the highway assignment for Fashion Square traffic. It was r noted that the computerized assignment model allocates all freeway trips i to the shortest time path to the freeway. In some cases, the computer assignment had to be adjusted to reflect that a proportionate share of freeway trips exiting from Fashion Square would use alternative routings 4 75D-242 ea to the freeways. For example, the computer assignment directs all the southbound I-5 trips to Main Street. In reality, this demand will be distributed between both Main Street and Broadway. Similarly, all southbound Route 55 Freeway trips are assigned to the Santa Ana Freeway (via southbound Main Street) then to southbound Route 55. Origin and Destination information obtained in the Phase One TSIP Study indicates this travel demand is distributed among both the I-5 and Route 22 Freeways, both of which interchange with the southbound Route 55 Freeway. The MMTS/SATC's assignment model has a capacity restraint feature whichcontinually monitors volume to capacity ratios and assigns traffic around bottlenecks (such as the Main/La Veta Intersection). Consequently, appropriate refinements were necessary to use the computer assignment. A diagram of the adjusted trip assignment for the Fashion Square entrance/exit locations is presented in Figure 26. Examination of this assignment reveals the area's revised circulation system enables approximately half (46.9 percent) of .the Fashion Square traffic to avoid Main Street altogether while another one quarter (24.2 percent) only crosses Main Street in an east -west direction. Less than one-third of trips generated by Fashion Square (28.9 percent) will utilize Main Street for direct access into/out of the center. The trips assigned to the Main Street entrance/exits of Fashion Square, while shown as concentrated at Town and Country Road, will be distributed among a number of driveways situated along the Fashion Square/Main Street Center frontage. An intersectional capacity analysis using the adjusted Fashion Square driveway assignment was conducted to demonstrate the relative impact of superimposing the Fashion Square development on two key intersections immediately surrounding the site - Main at La Veta and Main at Town and Country. It must be cautioned that this is an exercise for comparison purposes only and does not necessarily reflect a realistic portrayal of future conditions since new arterials and freeway ramps to be constructed will dramatically alter the current travel patterns at these two locations. 75D-24s3 m li ri I This analysis does provide at least a frame of reference by which a decision maker can comprehend the order of magnitude represented by the Fashion Square project by itself without including other approved or proposed projects and the effect it would have on these two key intersections. For this analysis, existing conditions were taken as those counted in 1981 and the future peak hourly volume is assumed to be iIL equivalent to 35 percent of the PM peak period travel forecast. I� The results of the "comparative" critical intersection capacity analysis is presented in the following table. TABLE 16 I COMPARATIVE IMPACT OF FASHION SQUARE ON CRITICAL MAIN STREET INTERSECTIONS �.�. Intersection Existing vol/cap Future vol/cap* Main St./La Veta Ave. 0.93 1.10 Main St./Town & Country Rd. 0.47 0.97 * Not - e: U�or comparison, purposes only. This is a theoretical calcu- lation based on Fashion Square trip distribution superimposed on existing (1981) traffic volumes. Is. This theoretical capacity analysis indicates that Fashion Square considered by itself and in conjunction with the freeway/ramp _t4 improvements proposed in the Phase Two TSIP Master Plan would increase traffic at the two critical Main Street intersections by 18 percent at La Veta Avenue and 106 percent at Town and Country Road. This would cause the volume/capacity (vol/cap) ratio to exceed capacity (capacity = 0.90 to 1.00) but remain within limits manageable by reasonable C mitigation measures. r It is evident from this analysis that a capacity restraint encountered at the Main and La Veta intersection in combination with the principal design feature of the Phase Two TSIP master plan, (i.e., diversion of traffic away from Main Street by providing parallel arterials and freeway access) does create a substantial dispersion of traffic around the Fashion Square site. 75D-245 d f This analysis should not be used to reach conclusions regarding design details since, as was cautioned, the conditions 5 simulated do not necessarily represent realistic ones. Rather, the arterial level capacity analysis and the highway trip assignments indicate the redistribution of travel patterns that will occur and form the basis for identification of appropriate mitigation measures. �j Fashion Square Trip Assignment Without New Freeway Ramps A qualitative "what if' type of analysis was conducted regarding the effect of a failure to implement all or part of the — proposed new freeway ramp additions in the vicinity of Fashion Square. The effect of the redistribution of freeway oriented traffic shown in Figure 27. It should be noted that his assignment is for freeway trips only (69.6 percent of total trips) and intended to depict only the y, changes to travel patterns resulting if none of the new ramps are constructed. The two new freeway ramps to be located on the west side of Fashion Square are the most important ones in terms of diverting traffic away from Main Street. If these two ramps are not constructed, then an additional 2,674 vehicles in the peak period (935 vehicles in the peak hour) will be superimposed on the arterial streets surrounding Fashion Square. With the new ramps, this same traffic would not impact any � arterial streets. Failure to provide these two ramps will have a significant detrimental impact on both Main Street and La Veta Avenue. All of this traffic will involve left turn maneuvers from arterial streets further magnifying the impact. Likewise, concentration of all this new freeway traffic at the existing on/off ramp location will overload those facilities. Aside from the two new freeway ramps which directly serve Fashion Square, significant impacts will result from failure to provide several other new ramp installations or modifications. Failure to 75D-A6 Atli 489 —1 " N/a 1-3 L 3T 16oD 6" r 8&S FASHION SQUARE •••••• OP «A. n«r..c lco 9a8 •• •• row u.cu/TAwr.Va wwrefa LEGEND: VOLUM4 oe$CAI.TI CN VCM/3 ORS. 489 ---- INBOUND FRcc WAY TRIP3 (uncwAN4eB) ISIG ..........� OUTBOUIIB" a"AY TRIPS (VnCOAN6EO) 1009 RCTISt0 FREeWAYASSirM- mamT WITOOUT new RAMPS 865-------- PROPBSCP FASCWAY FyANPS SOUPCC: TILI@: B JEF ENGINEERING REDISTRIBUTION OF FASHION SQUAREF27 ` FREEWAY TRIP ASSIGNMENT WITHOUT ___ PROPOSED NEW RAMPS 103 75D-247 provide the Flower Street on -ramp will cause Fashion Square traffic to use Flower Street or other residential streets to reach the northbound 57 Freeway on -ramp at Chapman Avenue. Failure to provide the new Main Street slip ramp to northbound 1-5 would increase the southbound left turning movement to Edgewood by 688 veh in the peak period (240 veh/pk hour). An equal volume of IL freeway bound trips will use Main Street northbound through the La Veta Avenue intersection to the westbound Route 22 on -ramp. In effect, the entire northbound I-5 travel demand (1,376 vehicles in the 3 hour peak period) would use Main Street thereby increasing turning movements all along Main Street. Construction of the new Main Street slip ramp eliminates left turns on Main Street and necessitates only right turns t. and use of thru lanes, both of which have substantially less impact on critical intersection capacity. This analysis has been qualitative rather than quantitative because construction of the Broadway Overcrossing and the Owens Drive P connection to the east will significantly alter existing travel patterns particularly in the vicinity of Main Street and the Santa Ana Freeway. e. Superimposing the freeway ramp traffic on existing intersection traffic would not be realistic. In addition, several alternate routings to the e: freeways do exist. The travel patterns shown in Figure 27 are the most direct routes to the freeways, but commuters will opt for alternates (which avoid left turns) if substantial congestion is experienced at their primary ramp location. As an example, many motorists may opt to use the Route 22 Freeway for access to the I-5 and Route 55 Freeway rather than Main Street particularly if the 1-5/Main Street interchange is not improved. It can be concluded from this qualitative analysis that failure to provide the freeway ramp improvements proposed would severly limit development opportunities in the entire Main Street/Town and Country area. With regard to Fashion Square, the two new ramps on the k 75DS48 q west side providing direct connection with the freeways are essential if the traffic from the size of development contemplated is to be accommodated. TSM/Parking Management Development and implementation of a TSM/Parking Management Program to promote ride sharing (including car pooling, van pooling, and transit) is essential if the traffic created by the Fashion Square development is --to be accommodated by the transportation system. TSM/Parking Management Programs implemented in dense commercial office/retail projects elsewhere have produced a twenty percent mode shift. Examples are Century City, Newport Fashion Square, Fluor Corporation and several others. A TSM Program could include some combination of the following: 1. Preferential parking for ride -sharing vehicles 2. Transit subsidy - in a dollar amount at least equal to the value of parking otherwise provided 3. Flex time and staggered hours and work schedules 4. Promotion of pedestrian and bicycle traffic 5. Employer -sponsored car pool/van pool/bus pool programs 6. Transit system coordination (developers working with OCTD to set up programs to maximize use of transit) 7. The elimination of the "hidden subsidy" for single -occupant vehicles (by paying all employees the equivalent of the free market value of parking, then charging for parking - thus only parking users would pay the cost of parking). 75D-2149 8. Remote area parking with shuttle service for employees to the office.location a 9. Variable parking fees according to time of ® arrival/departure to promote staggering of work hours 10. Other programs offering any prospect of reduced or a, shifted travel patterns. " It is probable that pay parking must be required for the employees in the buildings of Fashion Square, in order for TSM parking management strategies to reduce the overall travel demand. Initially, it would be expected that many employers will subsidize their employee's parking costs in order to attract key personnel. This practice tends to penalize employees who share rides. Another method of accomplishing the same purposes while rewarding ride -sharing employees would be to "pay" all employees the monthly ' equivalent of the cost of providing their parking. Others (those sharing rides or transit users) would realize a financial benefit. The total monthly cost would be about the same for the employer (depending upon what rate is charged for an individual parking stall), but the subsidy encouraging use of a single occupant vehicle would be removed and ride -sharing would be rewarded. Considering the current monthly 4. parking cost of about $40-50 per space, the financial benefit would be significant. Although pay parking offers opportunities to reduce employee's vehicular trips, it creates spill -over problems with the "free" residential and retail/commercial parking situated nearby. The extent of the spill -over is directly related to the cost of parking. Employees seeking to avoid paying the parking charges will attempt to park in these free areas causing complaints from those adversely affected and requests of the city to enforce parking regulations. These regulations may take the form of residential permit parking programs. ;.c 106 75D-250 Experience with enforcement of residential parking permit programs shows they are reasonably successful when the undesired parking is by repeat users, such as employees working in the vicinity. On the other hand, when the undesired parking is by occasional users, enforcement of residential permit parking is frequently ineffective. There are costs of administration and enforcement associated with residential permit parking programs which would be borne by the appropriate jurisdiction. The spill -over parking problem can be dramatically reduced by the TSM parking management program previously described. The employer charges back employees in single occupant vehicles for their parking whether or not they park in the company lot. This removes the temptation to park in adjacent free area. This requires minor administration and enforcement on the employer's part to ensure the monthly cost of parking is paid by all employees who drive alone. Elimination of the "hidden parking subsidy" is but one way of encouraging ride -sharing. The advantage to the transportation system is that less traffic is generated. The advantage to the employers is that they would have to provide less parking which would save (1982 dollars) the equivalent of $10,000 per space in capital costs or about $480.00 per space per year in annual costs for maintenance, operation, and capital recovery. Parking charges can be varied not only to encourage ride -sharing but also to promote travel during other than peak periods. A For example, employees arriving and departing before or after the peak hour(s) would pay less for parking. This would not reduce the required parking spaces of the office unless employee times did not overlap. But it would distribute travel over the off-peak period since it would • provide a direct financial incentive to employees to adjust working hours. 75D i51 A TSM Program might also include payment of transit subsidies for implementation of a shuttle bus connection to the Amtrak station and improved fixed route bus lines with direct service to Main Street. One area in particular is the residential area of Orange located to the northeast of Fashion Square. The Main Street Employment Study"isolated 1. this as an area with a high concentration of residences for Main Street area employees. Examination of the existing bus service shows no convenient transit service from this area to Fashion Square. An opportunity also exists to negotiate an agreement with OCTD .: to provide improved transit service to Fashion Square. Given the intensity of office development in the limited area of Fashion Square, all of which is within convenient walking distance from Main Street, ideal conditions are provided for transit usage to be maximized. The OCTD has expressed an interest in providing increased transit service to such intense employment centers. Exp:yrience shows one way to make a TSM program successful is through provision of a financial incentive in addition to conditional L approvals. One incentive could be a potential reduction in required parking. The developer would set up a pilot program consisting of y, appropriate ride -sharing elements, and the performance of that program in terms of reduced vehicular trip generation would be evaluated. Based upon the success achieved, the City of Santa Ana may consider reductions in parking requirements as a means to promote additional participation in these elements with a demonstrated effectiveness in reducing vehicular trip generation. Neighborhood Traffic Control Phase Two of the TSIP Study identified the residential area north of La veta Avenue and Bedford Road as potentially receiving an impact from increased traffic emanating from Fashion Square. The EIR investigated that impact in more depth and determined that such an impact will occur unless mitigated. 75D-2k Investigation of trip generation from Fashion Square revealed a spill -over parking problem existed. Several employees and students who work or attend school in the Union Bank Plaza park in Fashion Square walk to the Union Bank Buildings. Closer investigation revealed that increased parking charges created this situation and that spillover parking was not limited to Fashion Square but occurred in the retail �. lots on the northwest corner of Main and La Veta and in the adjacent residential area. It was noticed that St. Joseph Hospital employees also park in the same residential area. Since employees have demonstrated a willingness to park in surrounding lots and residential areas to save the cost of parking, then the same would probably apply to t' future employees of Fashion Square as well as for other proposed projects in the area. u In addition to increased parking in the adjoining residential neighborhood, increased traffic as well may result. Bedford Road north of La Veta Road offers an excellent opportunity for commuters to avoid congestion at the intersection of Main Street and La Veta Avenue. Some area employees were observed using this route. Bedford Road provides a convenient by-pass for commuters headed north either to the Orange or Santa Ana Freeway. Flower Street provides a similar by-pass routing. The only difference is that Flower Street is a master planned commuter route passing through a multi -family area. Bedford Road is purely a residential street in a single family neighborhood. Flower Street also poses a by-pass routing for northbound Bristol Street commuters seeking to avoid congestion on the connector ramp enroute to the Orange Freeway. The impact of installation of a new traffic signal on La Veta 1 Avenue at Bedford Road to serve Fashion Square (and Union Bank Plaza) traffic will enhance opportunities for commuters to use adjacent residential streets. The signal will be needed to control a high volume (16,000 ACT) entryway to Fashion Square. But the new signal also poses the potential for encouraging commuters to use Bedford Road. To preclude such, it may be necessary to force northbound traffic on ' Bedford Road to burn right or left at La Veta Avenue. This, in itself, 75D-253 -r may not be sufficient. Commuters may turn on Crest or Devon Road and it may become necessary to prohibit right turns onto Crest and Devon during commuter hours to prevent intrusion of traffic into the residential area. i. (Fortunately, the reverse direction of these by-pass routing does not appear to pose as serious a problem. Southbound commuters on the freeways are not likely to exit at Chapman Avenue although some east -west commuters on Chapman Avenue could opt to use Feldner/Bedford instead of Main Street.) �- Construction of a new La Veta on -ramp to the Orange Freeway, as recommended in the Phase Two TSIP Master Plan, would eliminate the time advantage offered to Fashion Square commuters (as well as others) of by-pass routings through the residential neighborhood north of La L. Veta Avenue. Upon completion of this ramp, commuters would simply proceed westbound on La Veta to the on -ramp and immediately enter the northbound Orange Freeway at a location where free flow conditions are a, encountered. Reduction of the spillover of parking, whether caused by employees of Fashion Square or other office developments, may involve t signing of limited time curb parking or a residential permit parking program. In either case, additional police enforcement from the City of y Orange would be necessary. As demonstrated by the Phase One TSIP Study, residential traffic control is a sensitive issue and the affected residents must be involved in any program designed to reduce or prevent commuter traffic 1� through their neighborhood. Some suggestions have been presented, but these may not be acceptable to the City of Orange or the residents. Consequently, an effort similar to that in the Phase One TSIP study should be undertaken to determine the extent of the problem and more importantly, the measures the residents want (or will accept) as mitigation. 75D-A4 5.6.3 Mitigation Measures IT Description of Mitigation Measures One transportation system improvement currently underway is „ construction of the Broadway Overcrossing and Owens Drive. Completion of the Broadway Overcrossing will significantly increase north -south capacity and provide direct connection to Fashion Square without necessitating use of Main Street. The Broadway Overcrossing will provide direct,access to/from the Santa Ana freeway without increasing Main Street traffic. .4 The following mitigation measures are recommended to reduce the traffic impacts of the proposed Fashion Square project: I. Contribute a one percent (1%) assessment fee to the'Joint City of Santa Ana and City of Orange Transportation System Improvement Program (TSIP) to fund needed transportation improvements ii the area identified in the Phase Two TSIP Study. The TSIP Assessment Fee of one percent of project �s building cost is expected to generate only half of the cost of the recommended Phase Two TSIP Plan. The Fashion t: I Square development (the developers themselves and the Redevelopment Agency alike) must be prepared to fund those areawide transportation improvements which principally benefit their project as well as contribute a one percent assessment to the TSIP Program. 2. Provide funding for the construction of a pair of new freeway ramps on the west side of Fashion Square linking the Santa Ana Freeway with a public road surrounding the project. 75D45'5 i, L L i7, I 0 These two new ramps will connect with a public street and as such, provide overall benefit to the general public. However, the primary need for and beneficiary of this improvement is the Fashion Square development itself. The cost of this improvement is included in the overall TSlP Plan, but that program is underfunded by approximately 50 percent. Consequently, the cost of any transportation improvements which relate to and directly benefit a single development, should be borne by that development. Construction of these two ramps will substantially improve the freeway access of the Fashion Square site and permit traffic to enter and exit the development with no delay from traffic congestion on the surrounding arterial street system. 3. Widen Main Street along the fashion Square frontage to provide four southbound lanes and a 26 foot wide median island to accommodate dual northbound left turn lanes and the columns of the future North -South Transit Guideway. A total curb to curb width of 124 feet will be required for an ultimate eight lane section planned on Main Street. The increased width will be the general responsibility of developments planned on both sides of Main Street, but some transitions in alignment may be necessary to minimize impacts to existing buildings. 4. Construct a public roadway around the west side of the site from the intersection of Owens Drive/Broadway to Main/Town and Country. This public road shall have a capacity of 16,000 ADT and connect the new freeway ramps with Main Street and Broadway/Owens Drive. This public road will provide an alternative means of access to Fashion Square and allow traffic to virtually avoid use 112 75D-256 E IL I of (and impact upon) Main Street. This new road will provide direct access to/from the I-5 Freeway in order to relieve pressure at the existing Main Street Interchange. Dedication of the roadway as a public street is required to satisfy CalTrans standards for construction of ramp facilities on public roads. 5.A. Provide for redesign and reconstruction of the Main Street Entrance to Fashion Square to accommodate two entry and exit lanes and a left turn pocket. The entrance shall be integrated with the new public roadway planned around the site to link with Bedford Road, the freeway ramps and Broadway/Owens Drive. The signalized entrance shall be modified to include separate left turn phasing. i B. Provide sufficient funding for the reconstruction of the median island on Town and Country Road to include a separate westbound left turn lane. The existing median is a wide landscaped island with no separate turning lane. Fashion Square will be the primary beneficiary of this reconstruction even though the new westbound left turn lane is not intended to directly serve Fashion Square traffic. Widening of the Main Street Entrance will mitigate the effect of increased traffic (primarily east -west direction) created by expansion of the shopping center. 6. Provide for installation of two new traffic signals on La Veta Avenue at Bedford Road and the off -ramp from the southbound Rte 57 Freeway. 75D- °M G,n � In order to facilitate access to Fashion Square from the Rte 57 Freeway a traffic signal will be needed on Bristol Street/La VEta at the off -ramp location. Presently, this ! intersection is controlled only by stop signs and a left I' turn from the off -ramp to La Veta Avenue involves considerable delay. This off -ramp provides a convenient route to Fashion Square and allows southbound freeway traffic to avoid congestion encountered at the 1-5/57/22 Interchange. To promote use of this alternative access, L especially by commuters, signalization of two inter- sections is necessary. One location, Bristol/La Veta at I the Freeway off -ramp is under the jurisdiction of the State and the other intersection, La Veta/Bedford is the responsibility of the City of Orange. 7. Develop and maintain an aggressive Transportation Systems L Management (TSM) Program designed to maximize use of L" transit and ride sharing and staggering of work hours. A realistic target of 20 percent increase in ride sharing L and transit usage is established as the goal for a TSM Program. The developer shall be required to develop a program designed to achieve the goal and submit this program to the City for approval. In addition, the developer will be required to provide a Transportations System Management Coordinator to actively pursue implementation of the TSM/Parking Management Program. This position need not necessarily be on a full time basis until such time as implementation of a substantial portion of the proposed office use is underway. The developer also shall be required to provide and maintain a security force whose task, among others, shall I be to enforce all on -site parking regulations. 75D-268 i� 8.A. Design buildings to accommodate second level access from a future transit station on Main Street in the vicinity of Town and Country Road and/or a possible future grade separated pedestrian bridge connecting developments on both sides of Main Street. The buildings and internal pedestrian circulation should be designed to allow for 1 such future improvements, which would serve to minimize at -grade pedestrian crossing of Main Street at street level. (Main Street will be a 124 foot wide with high volumes of turning traffic and transit operations). L: B. On -site pedestrian circulation must be maximized to facilitate easy movement of people between buildings. Vehicular traffic must be intercepted at major entrances along the public service road and channelized quickly to is parking areas. Convenient pedestrian facilities must be provided from the parking areas to the buildings and to i the transit station/bus stops. L i Priority of Mitigation Measures 1. -- I j The project does not have a defined phasing plan. The L developers acknowledge that the maximum development would only be realized in 5-10 years if the market has sufficient demand to support l.; such intense development. The traffic study is based on the maximum f allowable development with a recognition that a lesser density may hultimately result. This means that if the maximum development in the Main Street/Town and Country area materializes, then all the i improvements identified in the Phase Two TSIP Plan will be needed. To determine at what stage these improvements will be needed, the phasing of transportation improvements was compared with project implementation. Linscott Law and Greenspan prepared an estimate of the magni- tude of Fashion Square development that could proceed with only rela- tively minor additions of turning capacity at critical intersections. 75D-269 I That analysis concluded that 400,000 SF of additional development could proceed if 6 lanes are provided on Main Street, the entrance to Fashion Square is improved, and a separate right turn lane provided on westbound La Veta Avenue at Main Street. This analysis included traffic created by other projects affecting Main Street. Any further development would require significant modification to existing freeway access such as proposed in the Phase Two TSIP Plan. L: Next to the construction of the Broadway Overcrossing, the most important transportation system improvement is implementation of the new freeway ramps on the west side of Fashion Square. (Widening of Main Street in front of Fashion Square will provide only a marginal increase in capacity. The full capacity of Main Street will not be l; available until such time as the entire Main Street improvement is completed.) Consequently, the next increment of development of Fashion Square will be dependent upon construction of the two new freeway vamps. Construction of these two ramps will allow an estimated 80 percent of development of Fashion Square to proceed. These two ramps, in combination with the Broadway Overcrossing, provide Fashion Square with direct access to the freeways, minimizing the impact on Main Street. is Full development of Fashion Square will depend upon completion of a new Main Street on -ramp to northbound I-5 or construction of the i new Lawson Way Bridge. Either of these projects alleviate the L congestion caused by Fashion Square traffic using the existing northbound on -ramp to the I-5 Freeway. (A temporary alternative to l; these freeway projects is implementation of a new right turn lane on northbound Main Street at La Veta Avenue. This will permit Fashion Square traffic to use the Rte 22 Freeway westbound in lieu of the northbound I-5). The success of the TSM/Parking Management Program will effect the magnitude of development that could accompany various levels of transportation system improvements. If the TSM program were to achieve 75D-260 more than a 20 percent mode shift, the trip reductions would translate into more square footage that could be developed within available transportation capacity. 5.6.4 Significant Environmental Effects The redevelopment of Fashion Square will substantially increase employment in the area and generate an estimated 57,245 trips daily. This equates to 429,337 vehicle miles of travel daily based on average lengths of 10 miles for work and hotels and 3.0 miles for shopping. It should be noted that this is not entirely new travel since many of the trips will be diverted from elsewhere on the existing system. Large increases in traffic created by redevelopment of Fashion Square will significantly impact the surrounding arterial highways;and the freeways. Analysis shows that if the new ramps proposed in the Phase Two TSIP Plan are implemented, then approximately 30 percent of the Fashion Square traffic will directly impact local arterials. The remaining 70 percent will directly impact on the surrounding freeways causing severe congestion to occur. The capacity of the existing freeways will have to be enhanced to accommodate the increased regional travel or the freeway oriented trips generated 6y Fashion Square will use local arterial streets in lieu of the freeways. This will create congestion on the arterial highways such as Main Street and nullify the basic goal of the Phase Two TSIP Plan. Improvement of the freeway ramps and widening of the freeways themselves is essential if traffic generated by Fashion Square is to be accommodated. Redevelopment of Fashion Square and the surrounding area will cause substantial changes in existing travel patterns. The complete character of travel in the area will change. The highly peaked travel condition currently encountered only during one hour in the afternoon will become a peak period of approximately three hours in duration. Capacity of the highway and transit elements will limit the travel that 75D-291 !I i can occur during the peak hour forcing trips to be redistributed over a n longer span of time. Employees and shoppers will have to accept and adjust to new peak period conditions. Construction of transportation facilities will change the entire look of the area into a high density downtown CBD rather than the 4 suburban character that exists today. , If the development proceeds and the associated transportation improvements either fail to materialize or lag the pace of development, j then severe congestion will develop on Main Street. Main Street congestion is influenced not only by Fashion Square but by redevelopment in the area. Implementation of the Phase Two TSIP Plan is dependent upon securing additional funds to cover $8.66 Million for identified but unfunded projects. Implementation of some of the freeway ramp improvements on Main Street will require acquisition and relocation of residential and commercial properties. Four single family homes and one or two commercial businesses on Main Street will be eliminated to make way for the new freeway ramps. t t , 75D '262 0 5.7 Noise i 5.7.1 Environmental Setting 1 Vehicle traffic is the primary noise source in the project area. The Santa Ana Freeway (I-15), Garden Grove Freeway (Route 22), and Main Street are all located within close proximity to the site. Noise exposure contours for these highway segments were calculated and are presented in Appendix III of this report. Figure 2B illustrates the general outline of the unattenuated 65 dB contour in the project area. L 65 dB or greater is typically considered excessive for certain types of "noise sensitive" uses, i.e., residential. Since the primary access to the site will be along Main Street, "peak hour" traffic noise measurements were made at a residential area which is located near Owens Drive and Main Street (Refer to Figure 28). A series of noise measurements were made at locations 1, 2, and 3 to establish ambient levels in this area which could be impacted by increased traffic from the project along Main Street. Noise samples of 12-minute periods taken at each location exhibited a range of 64 dB(A) at location 1, 57 dB(A) at location 2, and 52 dB(A) at location 3. Results of the noise survey also indicated that any change in traffic volumes along Main Street would change noise 1 levels that would only be noticeable within the first 100-200 feet of Main Street. This is due to the shielding effect of homes along Owens Drive as one proceeds in an easterly direction away from Main Street. (Refer to noise measurement data in Appendix III of this report). Appendix III also contains supplemental noise measurement data collected near Broadway Street located southwest of the project site. CALTRANS proposes to extend Broadway Street over the Santa Ana Freeway. This overpass will provide an additional link for traffic between the project site and the west side of the Santa Ana Freeway. Results of this noise measurement study indicated that the noise levels are in the 75D-263 t :L �77 4 I LEW"e-l" A 1.1 Ll I s same noise range as the noise levels measured by CALTRANS.* CALTRANS will construct a noise barrier along the west side of Broadway between the freeway and Santa Clara Avenue. 5.7.2 Impacts Project Impacts The project will generate additional noise in the local area due to demolition of existing on -site structures, construction activities, construction traffic, and project -generated traffic. As with most development projects, there will be an increase in noise in the immediate vicinity of the site during project construction. Since construction activities are limited to daytime hours and there are no "noise sensitive" land uses immediately adjacent to the site, no adverse noise impacts are anticipated during phase development of the project. It is not anticipated that construction related truck traffic would use residential streets. City regulatory control over truck routes and street load limits is adequate to assure such use does not occur. The proposed project will generate a additional volumes of vehicle traffic. The majority of this traffic will utilize Main Street or Broadway Street when the Broadway overpass is completed. The two areas of concern which may experience an increase in traffic noise are the first few homes along Owens Drive east of Main Street and residences on the west side of Broadway Street between the Santa Ana Freeway and Santa Clara Avenue. However, when the Broadway overpass is completed, CALTRANS will construct a noise barrier along the west side * California Department of Transportation, District 7. Physical Environmental Report, Broadway overcrossing Route 5 Freeway in Santa Ana. 75D-2615 " of Broadway as previously mentioned. This will mitigate any increase in traffic noise along Broadway resulting from project traffic. e� The following traffic noise level increases may be expected - along Owens Drive within a couple hundred feet of Main Street as a result of the project and cumulative development traffic: i. Development Scenario Noise Level increase u " Proposed Project 3-5 decibels i Cumulative Development 4-6 decibels Results of the analysis indicate that a noticeable noise level increase will occur near Owens Drive and Main Street. Implementation of the project could increase noise levels to 67-69db, 60-62db and 55;57db 6< at locations 1, 2 and 3 respectively. Since the development plans are for commercial uses, the majority of traffic noise related to the 1 project would occur during the daytime hours. Therefore, residents on Owens Drive closest to Main Street could anticipate increased noise L levels only during the daytime.* Late night and early morning hour noise levels are not expected to be much different than existing 1_. conditions. The development of hotel structures on site are not expected i. to affected by local traffic if standard design and construction , materials are utilized. 5.7.3 Mitigation Measures 4 No mitigation measures are proposed. * Since there is no viable way to construct a noise barrier along the east side of Main Street in this area, this impact is unavoidable. 75D-266 5.7.4 Significant Environmental Effects Residents along Owens Drive within a few hundred feet of Main Street may receive an increase in local traffic noise resulting from the proposed project. 75YE267 r 5.8 Air Quality + 5.8.1 Environmental Setting 4- Air quality is dependent upon the source location, the amount and type of pollutants emitted, and on the subsequent atmospheric dispersion of the pollutants. Schematically, air quality may be described as follows: I: DISPERSION LI_ o Emissions + Meteorology + Air Chemistry --i► Air Quality SOURCES RECEPTORS cr: i. e There are several distinctions made in the identification of air pollutants. One distinction made is between primary and secondary air pollutants. Primary pollutants are those pollutants that are emitted directly from sources. Carbon monoxide, hydrocarbons (organic gases), oxides of nitrogen, sulfur dioxide, and particulate matters are primary pollutants. Secondary pollutants are those pollutants formed by chemical and photochemical reactions in the atmosphere. Photochemical oxidants and nitrogen dioxide (NO x2) are principal secondary pollutants. Primary and secondary pollutants are transported and dispersed by meteorological processes. Meteorological factors important to the transport of air pollution within the South Coast Air Basin, in which the proposed project site is located are wind speed and direction, and the presence of atmospheric temperature inversions. With very light wind speeds (average of 5.7 miles per hour) the basin atmosphere has a limited capability to disperse air pollutants horizontally. As shown in Figure 29, the dominate daily wind pattern is a northeasterly daytime sea breeze and southwesterly nighttime land breeze. 75D--268 TYPICAL SUMMER DAYTIME OCEAN WINDS (Noon to 7:00 PMI 11 TYPICALSUMMER NIGHT DRAINAGE WINDS (Midnight to 5:00 AM) 'i TYPICAL WINTER DAYTIME OCEAN WINDS TYPICAL WINTER NIGHT DRAINAGE WINDS y (Noon to 5:00 PM) ®site (Midnight to 7:00 AM) These maps show dominant summer and winter patterns in the South Coast Air Basin. For the period of the day shown, the I net transport of air onshore usually is greater in the summer, while the net offshore transport as a rule is greater during the winter. Whether there is air movement or air stagnation during the morning and evening hours, before these dominant air flow patterns take effect, is one of the critical factors in determining the smog situation on any given day. Source: T1tte: SOUTH COAST AIR QUALITY TYPICAL WIND PATTERNS IN / MANAGEMENT DISTRICT GENERAL VICINITY OF G PROJECT SITE %r6 — e u r Atmosphere temperature inversions are common in the South Coast Air Basin and inhibit the vertical dispersion of air pollution while they persist. As a result, air pollutants become more concentrated until the inversions either break or surface winds increase enough to disperse pollutants horizontally. Levels at which air pollution produces adverse health or welfare effects on receptors are reflected in the Ambient Air Quality Standards. The Federal and State Air Quality Standards are represented in Table 17. The attainment of the Federal Primary Air Quality Standards is required by December 31, 1982,* but may be extended with EPA approval for carbon monoxide and oxidant to December 31, 1987. The California State Air Quality Standards were originally set as air quality goals and do not have a specific attainment date. In August, 1982, the Southern California Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SCAG) revised the Air Quality Management Plan (AQMP)/State Implementation Plan (SIP) for the South Coast Air Basin. The plan was required by the Federal Clean Air Act and its revised goal is to attain federal and state ambient air quality standards in the basin as expeditiously as practical. However, modeling shows that even with the implementation of all reasonable measures which can be realistically implemented in the next five years, the region can not demonstrate attainment by 1987. Therefore, a long range plan has been prepared which includes provisions for annual increments of progress and interim air quality goals leading to the attainment of all standards at the earliest feasible date. The intent of the long range plan is to identify actions necessary to achieve attainment over a longer time frame, with the year 2000 selected as a target date. Existing Air Quality The South Coast Air Quality Management District measures air quality at their Anaheim Station, approximately seven miles north of the * Clean Air Act Amendments, 1977. 0 75D-2Yb �. project site. Air quality information from this station can be assumed to be indicative of the general air quality for the project area. Air quality data for the year 1981, the most recent year for which annual air quality data are available, are presented in Table 17 for the Anaheim Station. As shown in the table, the State standard for carbon r monoxide (CO > 9 ppm), 8-hour standard) was exceeded for 4 days; the State oxidant standard Ox > .10 ppm, 1-hour average) was exceeded 65 days; the State nitrogen dioxide standard (Wx > .25 ppm, 1-hour j average) was exceeded a total of 4 days; and the particulate matter standard (TSP > 100 ug/m3, 24-hour) was exceeded a total of 26 days. !; The Federal standard for carbon monoxide (CO > 9ppm, 8-hour) was exceeded for 14 days, the Federal standard for oxidant (0x > .12ppm, 1-hour) was exceeded on 32 days; particulate matter (TSP > 260 ug/m3, 'L� 24-hour) was exceeded one day. C: 5.8.2 Impacts Project Impacts i Short -Term Impacts i; The construction phase of the project would produce two ii sources of air pollution emissions. These are exhaust emissions from construction and grading equipment and dust generated as a result of earth movement and equipment traffic on local streets. The dust emissions may cause a nuisance to persons and businesses located on adjacent properties or along roadways used by the earth -moving equipment or to motorists who park motor vehicles in the vicinity of the project. The exhaust emissions would be of short-term duration during the construction phase only. Based on EPA estimates of dust emissions from F construction projects, an estimated 80.pounds of dust per day per acre of grading activity is expected to occur. The actual daily dust emissions would vary depending on the amount of land and the type of soil being graded. Upon completion of construction, the dust emissions would cease. 75D1 71 t` w w m r¢- i I } WN 4, M a E Y v ro a v a Y O L Y N a if ro rtl O U N A O U N N > x o a ro ro W AI 'cY }t W '1 p.N r E ME tna O an t 'a 1 co a ro cr a w O a i w J W ako CD U a N ~ c:E o o Z r LL M ¢ X CL O M ro u E N x c u M m �ro� = E cl Y O O W Lro 4 ro Ln 'o L G ZJ cv c m a E a a a > U w ✓+ U E x z >,x o IOU ra O ro W clp L O an o ON N a 0 S- Z L Sa LL A a M 5 t! N N L S V O L � U 0- 7 C c a. a o • r d S O i x a O r N E (1 x X t6 r- a L av w r a ro N CDN rp V ✓ \` ¢ c Z7 V ED N W t0 a .V.. w a .U. W W a a Z Z •-• N V c( •p X > X 7 yt L E. oz taw .n 0e m ro 0 o aC o� a � w er O a ro zo z� r m u U C C O L O S- u G d 0 r0. S .-t •rdx X X Z ro ro F a ro is Y O Y L a > 0 tl S a Y a •; U L E E a o 0. O. 0. 0.e E to O C 0. m N v AA o L L ro N' 00o a O O a C S S en O lIl N +raw O L L L 00 • ti vv a r C C C ++ taroro E E ++1 .3 o, o. a E a0.E c a 47, Be to AN4�o NNE Al L L rn 3 0 a L O O N 0 L S mO C7 • S co m •-- V N ct •r } N tlVNa--. .�,•_.. MY4- L C� ?r O r >r 01 .`ry T ro t _> Y W a ++>f ar V •r ai S U a u Y U e p u0.d a Y aE L L 0 to t6 a `O1 Y a Ut ^ L 7 •r n L C 'b .n O N r ro NOC) E t0 'O c r ti e-i -0 L ro •m L N Y C to mm rod O to r I-» N C Y cot0cr- n a ro Y Y a a Y N C V1 > L VI L tp ro m 0 + L a Y a O aY U ro+1L� vrotaYm a.-t a mYv o LL fh (Y •O V1 N a A � V �o U at v M m 75D 2'72 i Long -Term Impacts Long-term impacts associated with the project consist of emissions generated by the following sources: ` Stationary Mobile Off -site generation of Motor Vehicles electricity for project. On -site use of natural gas for space heating and water heating. i Stationary Sources i The stationary on -site emissions resulting from natural gas consumption associated with the existing Fashion Square Commercial Center project are presented in Table 18. As shown in the table, the contribution of project emissions from on -site consumption of natural gas to the 1987 total emissions inventory projected for Orange County is considered negligible (i.e., less than 0.1 percent). t The stationary emissions resulting from project electrical energy consumption would occur off -site at electrical power -generating plants located throughout the utility's generating network. The total emissions due to the generation of electricity for the Fashion Square Center and the contributory effect from the proposed project are given in Table 19. Mobile Source An estimate of the total motor vehicle emissions generated by the traffic associated with the Fashion Square Center and the effect of the proposed project are presented in Table 20. The emissions 75[ ,nM l.i wd O N r 1n z 1-� W E �w W Y ar r1 Z a N `L w d' Q LS � c-1 -1 W W W W W Z = Z Z Z O 1D O U7 11* O c Ot Ol h• Ol ID M rn 00 1�rr •-' cli Ch C7 O lP N M Z l' O O t0 r-1 fJ'S d OI M tin Z CO CD LO N N D r-1 ? N v N v � N b C> m m c C) 7 O (U G O i u O r 4- 5- 4' " m c 0 L 4- v al c Y O %- N yl ? N C O O E 10 u W l!l OD CL 01 N 10' 1n Cf .-H � n 1 W M L m C O �- W G � o Y-I °.. 4� 1v w c Er S V i O V m QO p Ol � Owl C N m 4- - Y L Y L 1 n O m Y Ph C =Q u p J O 4 E IV ® i m m w m O V O CD i C 0 O ec 41 Oi A N N U C L L G i W C G� Li L E O o E +- O n c O O N L 7 E c A a' c c 0 = C E U C vt m N S 10 v m� d • cr t$ F914J r� •1- rr In + e- Y IV 10 K- m?G c IV I-m r- 7 04- 3 3 O CY W., Y Cr •' r t U m •� L d.1 0 Qrw = m4 ••A1 u V W .rn c vz n C C O • G 'Z O Y O'D � O 11 Cy Y ut .- N CY C. J (Q.J m •X CC O W 1NLL.W EOV14J= . N May 75D-'2'74 TABLE 19 ESTIMATED AIR POLLUTANT EMISSIONS FROM OFF -SITE GENERATION OF ELECTRICITY AIR POLLUTANT EMISSION FACTORI (LBS/1000 KWH) EXISTING2 (LBS/DAY PROPOSED PROJECT LBS/DAY) Carbon Monoxide 0.2 16.0 87.0 Total Organic Gases 0.17 13.6 74.0 Nitrogen Oxide 2.3 183.8 1,000.8 Sulfur Oxide 2.7 215.8 1,174.9 Particulates 0.401 32.1 174.5 I - NLAQMU. Air Quality Handbook for Environmental Impact Reports, 2 October 1980, Energy Use Emission Factors, Table XII. Existing Fashion Square development has estimated total 3 electrical consumption of 2,397,948 KWH per month. Based on electrical consumption rate of 13,054,240 KWH per month. 75D475 N z 0 O N W W V7 N lO 4!'i N U � r az 0 v N nz 0 viKr N W O l!) M 01 Co tT n r N fh cf h CT t0 M (T CD O N U 0. J W r Q W" O M u U W 7 r CD K � Co C> mCl O N m W J w .-v N N 0 al 0 [l N LID rZi p i`� O 00 1- \ O O W .m J V W O Q •-• E CD cY h m w \ to OY H r1 O Q L C> m ✓Ni c�a E n n v Eve r N u a ro L U W IA 0 L O CD CD 1 O X ro C O Q > O U � C CT L Q Q P u v L 4-- ++ O L ro 0 n ro of ro ro CY x N: u-, a v _ V1 L N ro 4 9! N u E v4i � a o w 4L to n c c O v 4J ON L N s n m a w ro c O y a u L �Y •O i V u L O I Y i % ca > V N a > Y7 r rn b v n E a E aro =U yr �. J ro4 6 rti v [1 N G L LV r UCU C� ~ate rr% V L Cc (l > > ^ co O O i m o) L O+4m a -I it O Y1 •` N w~ �Ea w rn Q m u C +J C L' N 9w C L lLD < L L C C)N a)> Q V N [T N 4 O Or ro CO C 4J E co ro c c noo 0 = Iv O �S O -o v C)Y N4 Q v > O U ^Q W N N i ZJ C L O ^ O L Q! 4 C U O r L N ro ro4- 4JC T CO LL L i C1CN L N c E N y c Oto, COfi CE ✓i N 0, Gl N vL U Or E a L ro N •c c ro•0c W N C LL O S. U N d Oi 0_ U ro L4J Q. + roa ¢ 3 Y u LLL dN Cr-•C W m w O c G W•YO x > > L r. N Q h v co L TJ W N L 44- Np-m¢ 44J .r NCl) d 75D 1276 associated with project traffic would incrementally contribute to primary pollutant concentrations near local intersections during peak traffic periods, and also result in an incremental air quality deterioration. This analysis assumes that the vehicle trips, and therefore the motor vehicle emissions, are strictly a result of the proposed project. In reality, this project is a receptor of vehicle trips, not a generator. This means that the vehicle trips would most likely be generated to another location in the South Coast Air Basin (SCAB) if they were not generated to the proposed project site. Therefore, the motor vehicle emissions would still be generated in the SCAB regardless of the status of the project. However, this simplified analysis which conforms to the procedures provided in the "Air Quality Handbook for Environmental Impact Reports" as revised October, 1980, does not recognize this. The project would redistribute the motor vehicle' emissions to the area of the project from another area in the SCAB. Project Consistency with the Air Quality Management Plan An EIR must demonstrate the project's consistency with the AQMP- This is done by showing consistency of local population and land use projections with those in the AQMP. The AQMP utilizes the Growth Forecast Policy from the Southern California Association of Governments to prepare emission projections for future levels of air pollution in order to achieve air quality standards. The Draft SCAG-82 Growth Forecast Policy* expresses regional and local growth policies by providing projected population, housing, employment, and land use totals for Regional Statistical Areas (RSA's). * Some changes to the SCAG-82 Growth Forecast Policy may occur prior to its finalization in approximately April, 1983. 751R277 The proposed project is located in RSA 42, which is in the Northwest Orange County Subregion. The Growth Forecast Policy shows a population increase of 95,900 during the period between 1980 and 2000 which is a 25.6 increase in growth for this RSA. This represents the fifth smallest population increase for the Orange County region, absorbing 11% of the County's growth. Most available land is developed within this urban area by 2000, and moderate recycle rates are forecasted." The proposed project is a commercial project that recycles existing urban land and will therefore, not directly increase the population in RSA 42. Such recycling of urban land uses is consistent with the AQMP population forecast. According to The SCAG-82 Growth Forecast Policy, "Urban areas include the following land use categories which are generally associated with urban use: residential, commercial, industrial, transportation and . utilities, and institutional. Non -urban acreage includes agricultural land, vacant land, water bodies, and undevelopable acreage. The forecast assumes that only vacant lands and agricultural lands will be converted to urban use." RSA 42 is forecasted to grow by 3,603 urban acres between 1979 and 2000, i.e., 3,603 non -urban acres will convert to urban use. The proposed project site is comprised of 63 acres of existing urban land which would be recycled to a greater intensity. Recycling of existing urban land uses is consistent with SCAG-82 and the AQMP. Project Effects The aggregate air quality emissions from on -site emission sources associated with the proposed project is shown in Table 21. As indicated in the table, only emission sources associated with the operational phase of the project were totaled. Emissions associated with the construction phase were considered short-term, and therefore, not considered in the long-term contribution of air emissions. The emissions associated with the generation of electricity were off -site 75D-27$ 0 f Wjjh s7�,'l�m1e I 4 and therefore, not considered to be a contribution to the 1987 projected Orange County emission inventory. The total contribution of the estimated project emissions to the 1987 projected Orange County emission inventory is approximately 15,712 pounds per day and represents .4 percent of the total 1987 projected County emissions. 75D479 E u , m TABLE 21 SUMMARY OF PROJECT AIR EMISSIONS IN POUNDS PER DAY POLLUTANT NATURAL GAS MOTOR VEHICLES TOTAL OF POLLUTANT TOTAL 1987 PROJECTED ORANGE COUNTY EMISSIONS (POUNDS/DAY) PERCENT PROJECT EMISSIONS OF TOTAL ORANGE COUNTY IN 1987 Carbon Monoxide 56.7 11,938 11,494.7 2,509,560 0.5 Total Organic Gases 22.7 22.7 849,000 Negl. Reactive Organic Gases 710 710 424,3002 .2 Nitrogen Oxides 340.1 2,149 2,489.1 347.960 0.7 Sulfur Oxides Negl 190 190 39,840 0.5 Particulates 0.43 305 305.43 196,400 b.2 1 Air Quality Management Plan, SCAQMD and SCAG, August, 1982, Table I.1, page B-14; 2 converted from tons to pounds. Reactive Organic Gases = Total Organic Gases less Methane. Negl. = Negligible (less than 0.1 percent). Cumulative Effects The air quality emissions from mobile sources associated with the proposed project conbined with the cumulative projects (see Table 3) is shown in Table 22. The contribution of the estimated cumulative emissions to the 1987 Orange County emission inventory is approximately 23,514 pounds and represents .6 percent of the total 1987 projected Orange County emissions. 75D-A0 TABLE 22 SUMMARY OF PROJECT COMBINED WITH CUMULATIVE PROJECTS MOBILE SOURCE EMISSIONS IN POUNDS PER DAY POLLUTANT Monoxide ve Organic EMISSION FACTOR (GRAMS/MILE) 55 mph 25 mph 11.73 19.88 I V I NL 11161 PROJECTED ORANGE MOTOR 2 COUNTY EMISSIONS EHICLES (POUNDS/DAY1 18,077 2,509,560 EMISSIONS OF TOTAL ORANGE COUNTY IN 198 7 ses .77 1.43 1,205 424,300 .3 trogen Oxides 2.49 1.75 3,482 347,960 1.0 ]fur Oxides .20 .20 289 39,840 .7 rticulates .32 .32 461 196,400 .2 i 1 1987 EMFAC6C Emission Factors, County of Orange, EMA, 1982, The assumed vehicular L operating speed is 55 mph for highways and 25 mph for residential streets. The 2 traffic is distributed as 90 percent freeway and 10 percent residential. 1 Based on a cumulative generation of 653,909 vehicle miles traveled per day j 3 (JEF Engineering, Joe Foust, January 26, 1983). L Air Quality Management Plan, SCAQMD and SCAG, August, 1982, Table 1.1, page B-14; converted from tons to pounds. 1 r u r k i r k t f r i 75d3181 5.8.3 Mitigation Measures Increased air emissions resulting from the project are due to (1) increased traffic and (2) increased.use of electricity, and natural gas. Mitigation measures designed to reduce the generation of traffic and usage of electricity and natural gas.are discussed in detail in sections 5.6, 5.13.1, 5.13.2 and 5.14 of this report therefore, no additional mitigation measures are proposed here. 5.8.4 Significant Environmental Effects The proposed project will incrementally increase the air emissions in the SCAB; however, the proposed project would account.for less than two percent of the County emissions, which is considered not significant. 138 75D-282 S 5.9 Shade/Shadow, Solar Glare, Illumination t i 5.9.1 Environmental Setting t Most of the existing structures on the site are single -story buildings with some buildings in Fashion Square Center two-story in i height. There are several I2-story buildings in the project area such as the Fidelity Savings building south of Mainstreet Center and two office buildings adjacent to and north of the Garden Grove Freeway. L! The solar reflections originating from the project site are t very minimal, if not non-existent, since none of the existing on -site buildings have reflective -type (mirror or reflective glass) surfaces. There may be some solar glare from the glass windows of the buildings, 7 but the glare is not significant. - The illumination on the site (parking lot lights, security y lights, store lights, signs, etc.) is not out of character with the surrounding developed urban areas. The light poles in the parking lots are used for lighting the parking lots only and are not directed off - site or used for flood -lighting large areas. There are light poles on the top level of the Fashion Square parking structure, but these are low -intensity lights and are used only to light the top level of the structure. There are no high -intensity illumination sources on the site. t 3 5.9.2 Impacts J i Project Impact t' C It is not known at this time the height or the location of the ' proposed buildings. Since the site is located in Height District II (see Figure 17), there is no absolute height limit. 75DL"283 Since the building heights are not known, and for the purposes of this report, the maximum height of a building that would cast a shadow on surrounding residential areas will be evaluated. There are three major residential areas in the project vicinity that will be used to determine the height of the buildings (See Figure 30). Table 23 ' lists the maximum estimated height of a building that could be constructed on -site and not cast a shadow on the adjacent neighbor- hoods. As listed in Table 23 and shown in Figure 30, a building varying in height from 13 to 25 stories, depending upon location, could be located in the southeast portion of the site and not cast a shadow on residential area "A". Shadows from a building located in this area would not cast any shadows to either of the other residential areas as jwell. A building between 8 and 19 stories tall could be located in the southwest portion of the site and not cast shadows to residential area "B". Again, none of the buildings in this area of the site would cast shadows to the other two residential areas. A building from 19 to 52 stories tall could be located along the northern project boundary before J any shadows were cast to residential area "C". j There are many areas on the site where multi -story buildings could be located so that the shadows from the structures would not extend to adjacent residential areas. An analysis for each building and its location would have to be prepared when the plans are available in order to determine the shadow impacts. Generally though, the closer the proposed structures are located to the center of the site, the higher the buildings could be before they would cast shadows on adjacent residential areas. On the other hand, the closer that buildings are located to the project boundary in the vicinity of a residential area, j the shorter a building would have to be in order that a building did not cast a shadow on an adjacent residential neighborhood. r Depending upon the type of building exterior of the proposed buildings (glass, reflective mirrors), there could be solar reflection impacts. Both on -site and off -site reflections could occur throughout 75Du284 E f i L: TABLE 23 ESTIMATED MAXIMUM BUILDING HEIGHTS OF PROPOSED BUILDING BEFORE THEY WOULD CAST A SHADOW TO ADJACENT RESIDENTIAL AREAS DISTANCE OF BUILDING SETBACK FROM PROJECT BOUNDARY (FEET) RESIDENTIAL AREA 100 0 0 700 A* 13 Stories 15 Stories 17 Stories 21 Stories 25 Stories B** 8 Stories 10 Stories 12 Stories 15 Stories 19 Stories C*** 19 Stories 24 Stories 30 Stories 41 Stories 52 Stories * Only affected during summer solstice period. ** Ibid. *** Only affected during winter solstice period. the day if a reflective surface is used. The sun could be reflected by i. the proposed buildings to on -site parking areas as well as to the adjacent streets and freeways (Main Street, Santa Ana and Garden Grove Freeways). At certain angles these solar reflections could cause "blind" spots for motorists as well as be a nuisance and annoyance for pedestrians and shoppers. The reflections could also extend to surrounding residential areas and cause an annoyance to residents. At a long distance from the building, the solar reflection would not shine on one particular point for a very long time, however, in close t= proximity to the building, a reflection may occur for a relatively long period (possibly one-half hour to an hour). The proposed project would probably require additional security and aesthetic lighting which would create increased on -site sources of illumination. In addition, there would be increased illumination after dark from the office buildings from cleaning crews and people working in the buildings. A specific determination and evaluation of illumination impacts cannot be made at this time since 75D 285 linm 7 ry' } • q aq ... ('� i �'`1: t dY 3. h• ��1.Z. i e'! �a.L'.w 'u�1:d"L'�� t Y a I a ♦ .SOT.-.t`' '.a s .. v-- ';`. is t�: • �`)�.. _��gjYy4 y-YV•N/dt/'/'?"NA(�.' t.itl , = .mil iee�tK.+3" ue,: gl ♦ t� "ti"•rt �.141,`Ri mh�SaL �,..5..^,^ • •a. a �`' I UAW LIN 1 11 ♦ � tr Y ��l•��S. .y'� 7A.t ��♦. • -.11. r:.:: iT"',yH,>j• r..t rN'P•`+l+r9T _1 ,n Ss 1 there are no site specific development plans. However, any increased on -site illumination is not anticipated to have any significant impacts on surrounding land uses due to the existing illumination in the area. There would be•, however, an incremental increase in the illumination on the project site. Cumulative Impacts The cumulative impact of this project in conjunction with other developments in the area that would have high-rise buildings would result in an increase of solar interruption (shade/shadows) in the area and possibly an increase in solar reflection. Depending upon the location and height of the cumulative high-rise buildings, some of the local areas (residential and commercial) could experience an increase in solar interruption during certain periods of the year. The cumulative projects would also increase illumination in the area. 5.9.3 Mitigation Measures Development plans submitted to the Agency for approval pursuant to the Participation Agreement should be accompanied by a shade/shadow analysis in order to determine the best building locations and building heights for the structures which could result in the least shade/shadow impact, if any, to the surrounding land uses. Non -reflective building exteriors should be used, unless the buildings are oriented so that their surfaces are directed away from other structures, roadways and residential areas in the project area. Pll on -site lighting should be directed downward and shielded from surrounding land uses. Low -intensity lighting in the parking areas should be utilized and flood lighting should be discouraged. 75D 1287 I i F 9 4 1 5.9.4 Significant Environmental Effects The project would result in an increase in shadows and solar interruption in the area and possibly an increase in solar reflection. Depending upon final building heights, building locations and type of building exterior, the buildings could cause solar interruption and solar reflection to surrounding land uses. E 75D—JAI 288 L 5.10 Aesthetics 5.10.1 Environmental Sett The project area is characterized by commercial uses, residential homes and freeways which are typical of an urban environment. Commercial development on the project site is generally in good condition, although aging with well -maintained, mature landscaping. The Mall area of Fashion Square was built in 1957, with 1. Magnin completed in 1958. The Mainstreet Center was also built in 1958. The large trees and shrubs located within the surface parking areas around both shopping centers enhance the aesthetic appearance of the site. Figures 9-12, previously presented, illustrate existing aesthetic conditions on the site. Surrounding commercial and residential development north of the site is generally in a well -maintained condition. Two high-rise buildings are 'ocated north of the Garden Grove freeway in the City of Orange. The Town and Country Shopping Center located east of the site is very well maintained and characterized by extensive mature landscaping. The area south of the project site is characterized by mixed commercial and residential land uses in a general declining condition. New infill commercial development is occurring on isolated parcels along Main Street south of the project site. The 12-story Fidelity Federal Building is located adjacent to and east of the site on Main Street. Figures 13-15, previously presented, illustrate aesthetic conditions in the surrounding area. 5.10.2 Impacts Project Impacts The project would provide for the rehabilitation and redevel- opment of the project site consistent with the Amended Redevelopment Plan for the City of Santa Ana Redevelopment Project. The aesthetic 75D 1289 #ins appearance of the site would be altered by the removal of the existing Mainstreet Center and associated surface parking lot and the surface level parking lots south of Mainstreet Center, Parcels 3-5. New commercial development with associated landscaping would replace these existing uses. Consistent with the Redevelopment Plan, the existing Fashion Square Shopping Center would be rehabilitated and integrated into the proposed plan for new development of Fashion Square into an enclosed regional shopping center. The overall identity and architectural appearance of the site would be improved by development of a uniform urban design plan for the entire site. The proposed improvements would integrate and unify the land uses within the redevelopment area, revitalizing the area visually and economically, One of the objectives of the Redevelopment Plan is to create an attractive and pleasant environment within the Redevelopment area. Consistent with the objectives of the Redevelopment Plan, the aesthetic quality of the North Main shopping area in the City would be improved by the proposed rehabilitation and redevelopment. Although no architectural designs are available at this time, the project will be designed to insure that the individual buildings will have a distinctive, but cohesive architectural appearance. All landscape plans, site plans and architectural drawings shall be reviewed and approved by the Agency. A master plan for the overall development will be prepared. The structure heights could exceed 35 feet if the provisions of the Height District II are complied with. The visual character of the site will be transformed from low intensity commercial development to an intensely developed commercial complex. The proposed new development will alter the view of the site by the ! introduction of vertical and horizontal building mass into existing visual open space, The proposed structures will be similar in scale with other high intensity commercial development in the area. However, when compared to the small scale of the older residential and commercial areas surrounding the site, the project could tend to visually dominate the area. 146 75D-290 Since there are high-rise buildings in the project area, the development of high-rise buildings on the site should not result in an adverse impact. However, the possible addition of several high-rise buildings on the project site may have aesthetic impact to some people, ! depending upon individual preference. i Cumulative Impacts i Several of the cumulative projects proposed in the area consist of high-rise buildings similar to those that could be constructed on the project site. The cumulative aesthetic impact could be additional buildings in the area that would dominate the skyline and f possibly interrupt existing views. .The cumulative project area could become dominated by high-rise buildings as a result of the proposed project and other cumulative projects. 5.10.3 Mitigation Measures The Participation Agreement incorporates standards and controls which would preclude any cevelopment which is unacceptable to the community on aesthetic grounds. f Pursuant to the Participation Agreement, all buildings would f be constructed of high architectural quality with landscaped areas. The structures must be effectively and aesthetically designed. The shape, scale of volume, exterior design, and exterior finish of each building must be consistent with, visually related to, physically i related to, and an enhancement to each other and the surrounding project area. Landscaping would be provided to integrate this project with adjacent projects. Architectural, landscape and site plans must be approved by the Agency. i 5.10.4 Significant Environmental Effects No adverse environmental effects are anticipated. 147 75D-291 5.11 Housing/Population 5.11.1 Environmental Setting Introduction The proposed Fashion Square Commercial Center project is 4 composed of office, retail and hotel land uses. Population growth and housing needs that would be created by future employees of that project, and how those needs might be satisfied are determined through the evaluation of various interrelated variables. Those variables, which are identified in this assessment are: 1) type of employee and related income, 2) existing labor supply, 3) housing market, 4) housing costs, j and 5) housing assistance programs. U Type of Employee and Related Income Tables 24 through 27 give the percentage of occupations that i would result from office, retail, health, and hotel development. Table fy 28 shows the related incomes associated with the various business r categories. t. The Federal Department of Housing and Urban Development (HUD) has determined that in 1981 a single person making $620 a month, and a family of four making $887 a month are considered very low income house- holds. HUD has also determined that in 1981 the median family income [[ C, for Orange County was $29,900. Low and moderate income households are computed based on 80-120 percent of the median income. Given that fact, $23,920-$35,800 for 1981 are considered low to moderate family income a i categories. Broken down into monthly increments the range would be $1,993-$2,983. Medium to higher family income is considered to be E $35,800 a year and above. Table 29 combines all the project related occupations and places them into expected income categories. As shown e in Table 29 managers, officials, professionals and technicians comprise 23.6 percent of the expected work force and are the only occupations i that can be expected to reach a higher income status. The remaining , 76.4 percent of the work force would be comprised of sales, clerical, r 148 75D-292 , I TABLE 24 OCCUPATIONAL PROFILE FINANCE, INSURANCE, AND REAL ESTATE INDUSTRIES (OFFICE) rLmLrll In OCCUPATION EXPECTED Total Employment 100.0 Managers/Officials 15.2 Professional/Technical 11.7 Sales 8.3 Clerical 52.7 Maintenance, Construction, Repair 6.9 Service 5.0 Source: State of California Employment Development Department, Employment Data and Research. * Percentages do not add to the total because of rounding. 75D-' b3 I f i f TABLE 25 OCCUPATIONAL PROFILE RETAIL TRADE INDUSTRIES OCCUPATION Total Employment Managers/Officials Professional/Technical Sales Clerical Maintenance, Construction, Repair Service Source OF EXPECTED 100.0 9.4 2.2 26.3 16.6 17.0 28.5 i State of California Employment Development Department, Employment Data and Research 150 75D-294 TABLE 26 OCCUPATIONAL PROFILE HEALTH INDUSTRIES (EXCLUDING HOSPITALS) PERCENTAGE OCCUPATION OF EXPECTED EMPLOYEES* Total Employment 100.0 Managers/Officials 6.7 Professional/Technical 41.5 Sales 0.0 Clerical 18.2 Construction, Repair 4.5 Service 29.2 Source: State of California Employment Development Department, Employment Data Research. 75D-2J5 ;L i to TABLE 27 OCCUPATIONAL PROFILE HOTEL INDUSTRY rcnuuvinuc OCCUPATION OE EXPECTED EMPLOYEES Total Employment 100.0 Managers/Officials 6.5 Professional/Technical 1.3 Sales .4 Clerical 15.5 Maintenance, Construction, Repair 7.2 Service 69.1 Source: State of California Employment Development Department, Employment Data and Research 152 75D-296 TABLE 28 AVERAGE WAGE FOR VARIOUS BUSINESS CATEGORIES Average Monthly Pay Estimated Annual Pay Occupation Per Employee* Per Employee** Office $1,321 $15,852 Retail 783 9,396 Hotel 656 7,872 Health 1,366 16,392 * Based on Third Quarter 1980 data. Includes all employees, even those who worked only part-time. Therefore, pay shown is lower than the average for full-time workers. ** Estimated by multiplying third quarter average by 12. 153 75D-297 TABLE 29 OCCUPATIONAL PROFILE COMBINED INDUSTRIES OCCUPATION PERCENTAGE OF EXPECTED EMPLOYEES INCOME CATEGORY* Total Employment 100.0 Managers/Officials 9.5 Moderate to High Professional/Technical 14.1 Moderate to High Sales 8.8 Very Low to Low Clerical 25.7 Very Low to Low Maintenance, Construction, Repair 8.9 Low to Moderate Service 33.0 Very Low to Low * State of California Employment Development Department, Employment Data and Research. Estimated from Wage and Salary Study Orange County, May 1981. 75D-298 i and maintenance related occupations. Therefore, 76.4 percent of project related occupations would, when considered as the sole source of family income, be classified as either very low or low income households. It i is assumed however, that in many cases income levels are raised through the existence of a second and third family income. The nature of both the retail and hotel related industries indicate that many employees in those industries will be part-time employees providing a secondary income. A study conducted by the Irvine Company concluded that up to 80 percent of wage earners in regional shopping centers are second and third wage L earners in the family.* i Existing Labor Supply L Table 30 indicates the occupation of primary wage earners L' provided in the 1976 Special Census for persons living in the City of Santa Ana. Table 31 indicates the location where the primary wage earner La is employed. Lfi t u As shown in the above Table.31, only about 26 percent of the respondents who live in the City of Santa Ana actually work in the City. The data from the 1976 Special Census (Tables 30 and 31) indicate that there are qualified workers in all the project related occupations living in the City of Santa Ana. Since approximately 74 percent of those workers commute to work, it is possible that some of those workers would welcome the opportunity to leave their present place of employment to work in the City, if given the opportunity. * Earl Timmons, Director of Marketing Services, The Irvine Company conversation, April 14, 1982. 75D-299 IV, -L. Lz In addition to future employees who already live in the City, there are those workers who live in neighboring communities who might be willing to commute into Santa Ana to work. Table 32 presents a breakdown of distances people are willing to travel to work. Based on TABLE 30 OCCUPATION OF PRIMARY WAGE EARNER 1976 SPECIAL CENSUS OCCUPATION PERCENTAGE No Response 11.38 Professional, Technical 10.10 Managers, Officials and Proprietors 7.46 Clerical 6.60 Sales 5.12 Craftsman, Foremen 16.58 Operatives 8.54 Service 6.83 Laborers 3.93 Retired 15.36 Other 8.09 TOTAL 99.9* * Does not equal 100% because of rounding. ��J-�115 / i4a _ TABLE 31 LOCATION OF EMPLOYMENT PRIMARY WAGE EARNER 1976 SPECIAL CENSUS LOCATION PERCENTAGE No Response 12.48 Santa Ana Central Business District/Civic Center 7.32 .I . Remainder~ of Santa Ana 18.74 Anaheim/Garden Grove 8.28 Irvine/Newport/Costa Mesa 10.67 North Orange County 5.30 South Orange County 5.16 City of Los Angeles 1.57 Remainder of Los Angeles County 4.03 Other 26.44 TOTAL 99.9* * Total does not equal 100% because of rounding. Table 32 estimates, 79 percent of workers living in surrounding communities would be willing to travel a distance of up to 15 miles to work. This represents a substantial labor market for employment in j, Santa Ana. The existing labor supply in both the City of Santa Ana and in surrounding communities is further evidenced by the current rate of unemployment, which was 6.1 percent in February, 1982 and expected to climb to 9.0 percent by the end of the year. The unemployment rate represents 72,200 unemployed individuals, many of which are concentrated in the Santa Ana and Central Orange County area.* * State of California, Employment Development Department, Alta Yetter, Labor Market Analyst, telephone conversation, April 10, 1982. 75D 13701 L L. 'TABLE 32 JOURNEY TO WORK PERCENT OF SELECTED MILES FROM EMPLOYEES WHO CITIES WITHIN PROPOSED DEVELOPMENT TRAVEL THOSE MILES* THAT DISTANCE 0-5 39 Santa Ana, Garden Grove, Anaheim, Orange, Tustin, Villa Park 6-10 26 Fullerton, Anaheim, Westminster, Stanton, Yorba Linda, Irvine, Costa Mesa 11-15 14 Buena Park, La Mirada, La Habra, El Toro, Huntington Beach 16-20 9 Long Beach, Lakewood; Whittier, Mission Viejo, 21+ 12 Compton, East Las Angeles, Corona, San Juan Capistrano TOTAL 100 * SCAG, Los Angeles Regional Transportation Study, 1979. 75D-W2 Evidence of an existing labor market is further supported by labor statistics for Orange County as a whole. In 1981 there were 1,200,000 adult workers in the County; however, only I million jobs were available in the County for those workers. The result is that approx- imately 200,000 workers each day must travel outside of Orange County to work. The creation of new jobs in Orange County average about 90,000 annually.* 1. i Housing Market The Southern California Association of Governments (SCAG) reports that the housing demand in the region for the past five years has exceeded the supply by 180,000 units.** The housing market in s Orange County in particular is very short in terms of affordable housing relative to the demand placed on it by low and moderate income } households. l Based on the findings of the 1980 federal census, the City of s. Santa Ana has a population estimated at 204,000 residents. The City of Santa Ana experienced rapid growth from 1945 to 1965 when a substantial i portion of the residential dwelling units were built. The existing housing stock in the City of Santa Ana is com- prised of a mixture of single-family dwelling units, multiple -family dwelling units, apartments, and mobile home, units. A Southern Calif- ornia Association of Governments (SCAG) 1980 study identified that the majority of the housing stock was in "good" condition, with approx- imately 6,000 dwelling units in need of repair. Santa Ana is essen- tially a built -out city and, therefore, experiences only modest levels of new residential construction. E * Earl Timmons, Director of Marketing Services, The Irvine Company, presentation before the Orange County Chamber of Commerce", Economic Review and Forecast for Orange County, April 14, 1982. ** The SCAC region is composed of the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura and the cities within those counties. s 7 5 D WO3 The 1976 special federal census estimated that the City of Santa Ana has approximately 62,135 total dwelling units. Of the 62,135 total dwelling units, 33,900 or 55 percent are categorized as single- family dwelling units, 8,923 or 14 percent are categorized as multiple -family units with two to four occupancies, 15,335 or 25 percent are categorized as multiple -family units with five or more occupancies, 3,666 or six percent are categorized as mobile home units, and 311 or .005 percent are categorized as 'other" forms of housing. Based upon the SCAG 1980 study, 33,488 dwelling units in the City were owner -occupied, and 29,560 dwelling units were renter - occupied. Of the 33,488 owner -occupied units, 1,451 were identified as `' being suitable for rehabilitation, with 4,045 renter -occupied units being suitable for redevelopment. The vacancy rate for rental dwelling units in Santa Ana is considerably less than in neighboring cities. In Santa Ana, the Vacancy rate was estimated to be 0.5 percent by the SCAG 1980 study. To contrast, a vacancy rate under three percent is considered critical. Apparently, many residential dwelling units in Santa Ana exist in overcrowded conditions due to a shortage in rental units. Table 33 provides the vacancy rate in 1979 for selected cities where some future employees of the proposed project might seek housing. As that table indicates, vacancy rates in surrounding communities are also below the standard of three percent. k ( The cost of all forms of housing, particularly single-family housing, has risen so drastically over the last ten years that house- holds of moderate to medium levels of income are to a large extent purchasing less desirable homes which they would not purchase under normal circumstances. Or if they cannot afford to buy a home, they remain as tenants of rental units that otherwise would filter down to lower income households. The effects of this trend has caused even more narrowing of housing opportunities for low and moderate income house- holds. 75DA304 � It yyl me TABLE 33 t VACANCY RATES Buena Park 0.7 i Garden Grove 1.4 Orange 1.3 Westminster 0.9 Anaheim 2.0 Source: State of California, Employment Development Department, Annual Planning Information, 1980-81. L l Housing Costs The results of housing demand exceeding the supply has been a i; low vacancy rate and high prices. A consequence of the disparity between supply and demand is that homebuyers in the SCAG region paid an average of $124,000 for a single home in 1980. This exceeded the national average by more than $29,000.* It is apparent that the low income levels of the occupation categories previously listed, even when combined with a second income, would prevent most families from purchas- ing a home in Orange County. As a result most employees would be '- restricted to the rental market to satisfy their housing needs. Table 34 illustrates housing costs for the City of Santa Ana and other cities in the Central Orange County area. Table 35 presents the price of housing and rents afford- able for various income levels. Realistically, families with incomes under $30,000 a year would not qualify to purchase a house in Orange County, unless assistance is provided. i f * SCAG, 1979-8o Report of the Southern California Association of Governments. a 75D-305 7 For purposes of comparison with rents indicated in Table 34, the Fair Market Rents as determined by HUD for 1981 are presented Table 36. TABLE 34 HOUSING COSTS* 1981-1982 CITY PRICE RANGE RENTALS Anaheim/Anaheim Hills Brea Buena Park Fullerton Garden Grove Placentia Santa Ana Tustin Villa Park Yorba Linda $ 80,000 - 400,000 95,000 - 300,000 88,000 - 250,000 90,000 - 650,000 80,000 - 200,000 100,000 - 250,000 70,000 - 400,000 110,000 - 750,000 225,000 - 900,000 100,000 - 300,000 $400 - $1,000 250 - 1,200 350 - 900 350 - 1,500 300 - 1,000 350 - 900. 400 - 1,000 400 - 2,500 900 - 2,500 350 - 1,200 Source: Moving to Publications, Ltd., 1981-82. * House prices include single-family detached, condominiums and townhouses. Rental prices include houses and apartments. The Fair Market Rents presented in Table 36 apply to the cities of Buena Park, Garden Grove, Orange, Westminster and Anaheim. As indicated by the Fair Market Rents table, the rents are on the lower end of the scale of actual rents as indicated in Table 34, previously presented. In summary, there is an existing shortage of dwelling units affordable to low and moderate income families. 75D-30T6 TABLE 35 AFFORDABLE HOUSING* HOUSING AFFORDABLE ANNUAL INCOME INTEREST RATES 15% 16% 17% 18% ` $30,000 $ 62,000 $ 58,000 $ 54,000 $ 51,000 40,000 82,000 78,000 73,000 69,000 50,000 103,000 97,000 91,000 86,000 60,000 124,000 116,000 109,000 103,000 L 70,000 144,000 136,000 127,000 120,000 L Source: Moving to Publications, Ltd., 1981-82. * Assumes 20 percent down payment and a 30-year loan, I TABLE 36 '.L FAIR MARKET RENTS 1981 11 NUMBER OF BEDROOMS RENT* �l. Single $ P87 1 345 L 2 406 i 3 556 iL Housing Assistance Programs City of Santa Ana Community Redevelopment Agency State of California Redevelopment Law in Section 33000 of the Health and Safety Code (1976) stipulates that redevelopment projects must set aside 20 percent of designated funds for housing. The Santa Ana Community Redevelopment Agency is currently half way through the 75D-3.U7 t s process of establishing four new redevelopment districts which would provide low cost housing. Currently, the Agency provides 398 apartment units for senior citizens. It is also providing 157 condominium units which are under construction, and 157 condominium units which are ioccupied.* t Section 8 Housing Program 1 The cities of Santa Ana, Garden Grove, Anaheim and the County ys of Orange have their own Housing Authorities which assist families through the use of Federal Section 8 Certificates. Families are required to pay 25 percent of their income towards rent for their unit. t The Housing Authority pays the owner the remainder of the contract established rent. Maximum rents per unit per family are established by j HUD for each area such as Orange County. Those rents have previously been presented in Table 36. i I The program was established by the 1974 Housing and Community Development Act, and is the Federal Government's major operating program for assisting lower income families to secure adequate housing. Table 37 indicates the maximum income that an individual or family can earn to qualify for Section 8 Housing Assistance. TABLE 37 MAXIMUM INCOME SECTION 8 HOUSING ASSISTANCE Family Size 1 Income 15,250 2 3 4 17,400 19,550 21,750 *Alice McCullough, City of Santa Ana Community Redevelopment Agency, telephone conversation, February 3, 1982. 75D-1308 I' •1 91 • 1 As of February, 1982 the Housing Authority is assisting 560 households and has a waiting list of an additional 370 households. I 5.11.2 Impacts I' Project Impacts I 1 Table 38 displays the estimated number of employment opportun- ities generated by each land use. Currently there are approximately (' 1,370 retail occupation related employees in the existing Fashion Square i and Mainstreet Center shopping centers. L As shown in Table 38, the proposed project has the potential to generate an estimated 8,630 employees. This represents approximately 29 percent of the average annual job growth for the County. �- The occupational profile of those projected employees is shown in Table 39. The creation of 8,630 employment positions in the City of Santa Ana will have an impact on housing demands. However, there are 1 several factors that should be considered in analyzing the nature of this impact. - 6,593 (refer to Table 39) of the projected employees will be low income employees many of which will be lower - skilled part-time workers. It is anticipated that most of those positions will be filled by persons already residing in Santa Ana or in the surrounding area and willing to commute to work (Refer back to Table 32). I- Many of the lower paying service and clerical positions will be filled by women and by recent high school graduates entering the job market. Those incomes, for the most part, will not be primary incomes. At 75D-309 c.: TABLE 38 ESTIMATED EMPLOYMENT GENERATION PROJECT SPECIFIC L N USE SQUARE FEET MERATION FACTOR ESTIMATED EMPLOYMENI POSITIONS GENERATED Office 1,500,000 1 employee/* 6,000 250 Sq. Ft. Commercial/ 1,600,000 1 employee/** 3,200 Retail 500 Sq. Ft. Hotel 979,200 800*** (1,200 rooms) Less Existing Employees 1,370 TOTAL 8,630 * City of Los Angeles, EIR Manual for Private Projects, 1975, update 1976. ** Ibid. *** Los Angeles Hilton Hotel, Wilshire Boulevard, May 18, 1981. TABLE 39 OCCUPATIONAL PROFILE PROPOSED PROJECT OCCUPATION INCOME LEVEL PERCENTAGE OF EXPECTED EMPLOYEES* NUMBER OF EMPLOYEES Total Employment Moderate 100.0 8,630 Managers/Officials Moderate -High 9.5 820 Professional/Technical Moderate -High 14.1 1,217 Sales Lower 8.8 759 Clerical Lower 25.7 2,218 Maintenance, Construction, Repair Low -Moderate 8.9 768 Service Very Low 33.0 2,848 * Percentages used are derived from combining the occuppational profile of all anticipated land uses (refer back to Table 29). 75D-3'10 - As indicated in Table 31 previously shown, only about 26 percent of Santa Ana primary wage earners work in the City. The proposed project will give more residents an opportun- ity to work in Santa Ana. i - Table 39 indicates that approximately 2,037 of the future employees will be in the managerial, official, professional and technical fields. Incomes for those job categories would be expected to range from moderate to high. Some of those higher paid employees can be expected to prefer to transfer in from other areas, thus creating an increased j demand for housing. Likewise, some of the 2,037 professionals, middle management and technical employees will be recent college graduates with moderate incomes wishing to establish new households. Those employees would desire to purchase'. moderate priced housing, but housing affordable to households making $30,000 a year or less can no longer be purchased in Orange County for that price (refer back to Table 34). ' - The existing low vacancy rates in the City of Santa Ana (0.5) and in surrounding cities indicate that employees desiring moderately priced rental housing will experience difficulty finding it within short commuting distance of t the proposed project (refer back to Table 33). 0 IL o - The high unemployment rate, 6.1 percent (72,200 individuals) in Orange County during February, 1982 indicates that there is an existing work force in the County. This situation would mitigate housing impacts, l especially at the lower income levels, which for the most I part are lower skilled occupations. s, 75D-M Cumulative Impacts Cumulative projects in the vicinity of the proposed Fashion Square Commercial Center project would generate an estimated 16,233 new employees, as illustrated in Table 40. The occupational profile of those employees is displayed in Table 41. The employees generated represent approximately 54 percent of the average annual job growth for Orange County. i The creation of 16,233 employment positions within the Santa Ana area could potentially have a significant impact on population L growth and housing demands, subject to the same factors that were considered in analyzing the project impact. L I I 75D-M 2 TABLE 40 ESTIMATED EMPLOYEE GENERATED CUMULATIVE PROJECTS PROPOSED SQUARE EMPLOYEE NAPE USE FOOTAGE GENERATION* Hurwitz Office 2,300,000 9,200 Hotel 450 Rooms 675 Retail 500,000 1,000 Homes and Narver Expansion Office 98,239 393 Continental Center General Office 754,850 3,019 Tooley Office 400,000 1,600 Medical Offices Medical Offices 86,600 346 Town and Country Condominiums Residential 500 Units Not Applicable TOTAL 16,233 * Employee generation is based on the following generation factors. General and medical offices, I employee per 250 Sq. Ft.; Retail Commercial, 1 employee per 500 Sq. Ft.; Hotel, based on information provided by Los Angeles Wilshire Hotel. 75D-313 i i i l� TABLE 41 OCCUPATIONAL PROFILE CUMULATIVE PROJECTS OCCUPATION INCOME LEVEL PERCENTAGE OF EXPECTED EMPLOYEES* NUMBER OF EMPLOYEES Total Employment 100.0 16,233 Managers/Officials Moderate -High 9.5 1,542 Professionals/Technical Moderate -High 14.1 2,289 Sales Lower 8.8 1,429 i Clerical Lower 25.7 4,172• Maintenance, Construction Low -Moderate Repair 8.9 1,445 Service Very Low 33.0 5,357 * Percentages used are derived from combining the occupational profiles of all anticipated land use,- (refer to Table 29). 75D-Si'4 The proposed Fashion Square Commercial Center project combined with cumulative projects could potentially generate 24,863 new employ- ment opportunities. The population growth and increased housing demands resulting from those employment opportunities will be of lesser !a magnitude because of the existing labor market both in the City of Santa Ana and in the surrounding communities. That labor market has the capacity to provide most of the low skilled employment needs anticipated frp, both the proposed project and cumulative projects. Housing difficulties will be more evident for those employees in higher income �- occupations who wish to move into Santa Ana or nearby communities. '�. 5.11.3 Mitigation Measures No mitigation measures are proposed. 5.11.4 Significant Environmental Effects Even though most of the job opportunities created by the L project will be filled by persons already residing in the area, the project will result in some increase in the demand for housing. Some of �. the new employees will be persons residing a considerable distance from the project who will desire to more into Santa Ana or other neighboring communities in order to shorten their commuting distance. By contributing to the general demand for housing in the area, such persons will add somewhat to the existing housing market problems, such as the difficulties of finding affordable housing and upward pressures on housing costs. I� 75D-31 5 Y t as 5.12 John Wayne Airport 5.12.1 Environmental Setting The project site is located outside the 60 CNEL noise contour for John Wayne Airport and is located over one mile from the area designated as the approach and horizontal surface. Figure 31 illustrates the location of the site in relation to John Wayne Airport's approach and horizontal surfaces. The existing commercial development on the site generates minimal impact upon John Wayne Airport operations. The airport is currently operating at over -capacity conditions and airport parking is grossly inadequate to meet existing demand. Based upon existing conditions and current projections, John Wayne Airport will not be able to satisfy short-term demand without significant expansion of airport operations and facilities. 5.1?.2 Impacts Project Impacts The proposed retail, office and hotel development would increase demand for air service and parking at John Wayne Airport in common with all new development approved for construction in Orange County. The project would probably result in additional passenger demand at John Wayne Airport, where even the existing demand is presently not being met by the airport. As shown in Figure 30, the project is not located 'under the approach or horizontal surface of the airport. However, the Federal Aviation Administration regulations, as cited in Part 77, require a determination as to the aeronautical hazard of structures which intrude 1, into an imaginary horizontal surface of 203 feet above sea level.* { E. a * Shirli Reithard, Supervising Planner, Orange County, Airport Land .. Uses Commission. .N 75D41� -I i f ae I • t' �x } e' it e� n Ip . L. rl °/ ' 75D-Si'7 a■ u ¢ O 4. 0. 2 + �d EI a a w 1} z t 6 O t, 1 N Ii W f 3 J ! oz Assuming an average ground elevation of 145 feet above sea level, FAA approval would be required for any structure over 58 feet in height. The Federal Aviation Administration would make a determination as to the aeronautical hazard of any proposed structures which intrude above the imaginary horizontal surface of 203 feet above sea level. Flashing -red obstruction lights might be required as a precaution for aircraft safety.* Cumulative Impact The cumulative impact would result in additional passenger demand at the airport. As the case with the proposed project, the airport is not capable of meeting the existing demand, and therefore, the cumulative demand would also not be met. The additional passenger demand by the cumulative projects would probably be met by alternative airports or travel methods. 5.12.3 Mitigation Measures No mitigation measures are proposed. 5.12.4 Significant Environmental Effects The project will contribute toward increased demand for air service and parking John Wayne Airport. * Elly Stanson, Federal Aviation Administration, Air Space and Procedures Branch. 75D-31118 I I 5.13 Public Services and Utilities 5.13.1 Natural Gas 5.13.1.1 Environmental Setting Natural gas is currently provided to the existing uses on the project site by the Southern California Gas Company. Gas service could be provided to —the proposed project by existing gas mains on the site. Natural gas service would be provided in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission.* 5.13.1.2 Impacts Project Impact The existing uses on the project site consume approximately 13,702,560 cubic feet of natural gas per month. Mainstreet Center and Fashion Square consume approximately 3,268,060 and 10,434,500 cubic feet of natural gas per month respectively.** As indicated in Table 42, the proposed project would consume approximately 86,210,000 cubic feet of natural gas per month. The removal of Mainstreet Center and the construction of the proposed project would result in a net increase in consumption of natural gas of approximately 72,507,440 cubic feet per month. The Southern California Gas Company has indicated that the proposed project would not have a significant impact on its ability to provide natural gas service to the project*** (Refer to Appendix IV). * J. D. Allen, Southern California Gas Company. i ** Based on 20 cubic feet a month per square foot. 75D-31 9 i` H I L TABLE 42 PROJECT NATURAL GAS CONSUMPTION Land Use Square Feet Consumption Rate* Consumption Office 1,500,000 3.5 CU.FT./MONTH/SQ.FT. 5,250,000 CU.FT./MONTH Retail 1,600,000 20 CU.FT./MONTH/SQ.FT. 22,000,000 CU.FT./MONTH Hotel 979,200 50 CU.FT./MONTH/SQ.FT. 48,960,000 CU.FT./MONTH (1,200 Rooms) TOTAL 4,079,200 86,210,000 CU.FT./MONTH Cumulative Impacts As indicated in Table 43 cumulative projects in the vicinity of the proposed project site would consume approximately 43,598,912 cubic feet of natural gas per month. The net increase in consumption, considering cumulative projects and the proposed project, would be 116,106,352 cubic feet per month. 5.13.1.3 Mitigation Measures Energy conservation measures are discussed in Section 5.14 of this report. No additional mitigation measures are proposed here. 5.13.1.4 Significant Environmental Effects No substantial adverse impacts are anticipated. * City of Los Angeles, EIR Manual for Private Projects, 1975, Updated, 1976. 75D-320 1c4) I I I I TABLE 43 CUMULATIVE NATURAL GAS CONSUMPTION onsumption onsumption Project Name Land Use Area Factor* Cu.Ft./Month Hurwitz Site Office 2,300,000 Sq.Ft. 3.5 Cu.Ft./ 8,050,000 Month/Sq.Ft. Hotel 450 Roams 50 Cu.Ft./ 18,360,000 367,200 Sq.Ft. Month/Sq.Ft. Retail 500,000 Sq.Ft. 20 Cu.Ft./ 10,000,000 Month/Sq.Ft. Homes & Narver Office 98,239 Sq.Ft. 3.5 Cu.Ft./ 343,837 Expansion Month/Sq.Ft. Continental Office 754,850 Sq.Ft. 3.5 Cu.Ft./ 2,641,975 Center Month/Sq.Ft. Tooley Office 400,000 Sq.Ft. 3.5 Cu.Ft./ 1,100,000 Month/Sq.Ft. Medical Offices Medical Office 86,600 Sq.Ft. 3.5 Cu.Ft./ 303,100 Month/Sq.Ft.- Town & Country Residential 500 D.U. 5,000 Cu.Ft./ 2,500,000 Condominiums D.U./Month Subtotal 43,598,912 Proposed Project: Fashion Square Commercial Center 86,210,000 Less existing uses 13,702,560 TOTAL 116 106,352 * City of Los Angeles, EIR Manual for Private Projects, 1975. Update 1976. Ultrasystems, Inc. plann7�actors. 75D-hl E 5.13.2 Electricity 5.13.2.1 Environmental Setting Southern California Edison currently provides electricity to the project site. This site is served by four 12 kV circuits served from four adjacent substations. Three of the circuits enter the site from overhead facilities and a fourth circuit enters the site as an underground facility. Edison maintains an extensive underground system within the northerly portion (Fashion Square Shopping Center) of the project site.* 5.13.2.2 Impacts Project Impacts a The existing uses on the project site consume approximately 2,397,948 Kwh per month of electricity.** As indicated in Table 44, the proposed project would consume approximately 13,054,240 Kwh of electricity per month. The removal of Mainstreet Center and the construction of the proposed project would result in a net increase in electrical consumption of approximately 10,656,292 Kwh per month. The proposed project would be served by existing facilities located in the area and the electric loads of the project are within parameters of projected load growth which Edison is planning to meet in this area (refer to Appendix IV).*** f( it . meth, Southern California Edison Company. ** Based on 3.5 Kwh a month per square foot. *** B. K. Smith, Southern California Edison Company. 75D-322 TABLE 44 PROJECT ELECTRICAL CONSUMPTION Land Use Square Feet Consumption Rate* Consumption ice 1,500,000 3.0 Kwh/Month/Sq.Ft. 4,500,000 Kwh/Month ail 1,600,000 4.0 Kwh/Month/Sq.Ft. 4,400,000 Kwh/Month el 979,200 2.2 Kwh/Month%Sq.Ft. 2,154,240 Kwh/Month 4,079 Cumulative Impacts As indicated in Table 45, cumulative projects in the vicinity of the proposed project would consume approximately 13,876,907 Kwh per month of electricity. The net increase in consumption, considering cumulative projects and the proposed Fashion Square Commercial Center project would be 24,533,199 Kwh per month. 5.13.2.3 Mitigation Measures Energy conservation measures are discussed in Section 5.14 of this report. No additional mitigation measures are proposed here. 5.13.2.4 Significant Environmental Effects No substantial adverse impacts are anticipated. * City of Los Angeles, EIP. Manual for Private Projects, 1975, Updated 197E. 75D-323 I 1 TABLE 45 CUMULATIVE ELECTRICAL CONSUMPTION Consumption Consumption Project Name Land Use Area Factor* KWH/Month Hurwitz Office 2,300,000 Sq. Ft. 3.0 KWH/ 6,900,000 Month/Sq.Ft. Hotel 450 Rooms 2.2 KWH/ 807,840 . (367,200 Sq. Ft.) Month/Sq.Ft. Retail 500,000 Sq. Ft. 4.0 KWH/ 2,000,000 Month/S .Ft. Homes & Narver Office 9 q. t. H/ 94,717 Expansion Month/S .Ft. Continental Office 754,850 Sq. Ft. 3.0 KWH/ 2,264,550 Center Month/S .Ft. Tooley Office 400,000 Sq. Ft. 3.0 KWH/ 1,200,000 Month/S .Ft. Medical Offices Office 86,600 Sq. Ft. 3.0 KWH/ 259,800 Month/S .Ft. Town & Country Residential 500 D.U. 300 KWH/ 150,000 Condominiums Month/D.U. SUBTOTAL 13,876,907 Proposed Project: Fashion S uare Commercial Center 13,054 240 Less existing uses 2>39 ,9 8 TOTAL 24,533,199 E * City of Los Angeles, EIR Manual for Private Projects, 1975. Updated 1976. r 75D-32m4 i 5.13.3 Telephone 5.13.3.1. Environmental Setting J The Pacific Telephone Company currently provides telephone service to the project site. The project would be served from existing facilities in the project area.* f t 5.13.3.2 Impacts Project Impacts I Although the project would be served from existing facilities, reinforcement of the existing telephone network would be ;ty necessary. The degree of reinforcement would vary from new cables being pulled through existing conduit systems to the installation of new conduit and cable systems. In any case, the existing facilities are inadequate to serve the proposed project** (Refer to Appendix IV). , L. Cumulative Impact ,�_ The proposed project in conjunction with other projects in the area would require additional telephone facilities, possibly new conduit and cable systems. 5.13.3.3 Mitigation Measures lu 11 No mitigation measures are proposed. 1 1, I Marshall Andrews, Pacific Telephone. ** Ibid. 75D-315 i 5,13.3.4 Significant Environmental Effects No substantial adverse impacts are anticipated. 5.13.4 Water 1 4 5.13.4.1 Environmental Setting_ u The City of Santa Ana currently provides water service to the I€. project site. Fashion Square is served by a 12 inch water main located at the southern boundary of Fashion Square center and the Mainstreet Center is served by an 8 inch water main located along its southern L boundary. The City also has a 16 inch water main in Owens Drive at Main Street that is proposed to extend west to the proposed Broadway Street overcrossing. This 16 inch main could then be extended north to the proposed project to support the existing water distribution facilities.* L 5.13.4.2 Impacts L Project Impacts 1. u i. The existing uses on the site consume approximately 68,513 s gallons of water per day, assuming a consumption rate of 100 gallons/ f: 1000 square feet/day. The proposed project is estimated to consume 1 approximately 490,000 gallons of water per day (See Table 46). L: The removal of Mainstreet Center and the construction of the proposed project would result in a net increase in water consumption of approximately 421,487 gallons per day.. + * Walter Schraub, City of Santa Ana Public Works Department, telephone i� conversation May 8, 1981. 75D-326 The project can be served by the existing water mains in the area. Some improvement to the system might be required, at the time that precise development plans are submitted, in accordance with the standard City building permit approved process. (Refer to Appendix IV). a The project would be required to meet all State mandated water conservation measures, including use of low -flush toilets, turn-off adapters and faucet flow control devices to reduce water consumption. i. Cumulative Impacts As indicated in Table 47, cumulative projects in the vicinity j; of the proposed project would consume approximately 624,969 gallons of water per day. The net increase in consumption, considering cumulative i projects and the proposed Fashion Square project would be approximately 1,046,456 gallons of water per day. TABLE 46 i_ I I PROJECT WATER CONSUMPTION Land Use Square Feet Consumption Rate* Consumption Office 1,500,000 100 Gal/1O00Sq.Ft./Day 150,000 Gal/Day Retail 1,600,000 100 Gal/1000Sq.Ft./Day 160,000 Cal/Day Retail 979,200 150 Gal/Room 180,000 Gal/Dayl 1 City yC of Los Angeles, FIR Manual for Private Projects, 1975, updated 1976. 75D1127 L� TABLE 47 CUMULATIVE WATER CONSUMPTION Project Consumption Consumption Name Land Use Area Factor* Gallons/Day Hurwitz Site Office 2,300,000 Sq.Ft. 100 Gal/1000/ 230,000 Sq.Ft./Day Hotel 450 Rooms 150 Gal/Room/ 67,500 (367,700 Sq.Ft.) Day Retail 500,000 Sq.Ft. 100 Gal/Day/ 50,000 1000 So. Ft. Homes & Narver Office 98,239 Sq.Ft. 100 Gal/Day/ 9,824 Expansion 1000 S . Ft. Continental Office 754,850 Sq.Ft. 100 Gal/1000/ 75,485 Center Sq.Ft./Day Tooley Office 400,000 Sq.Ft. 100 Gal/1000/ 40,000 Sq.Ft./Day Medical Offices Medical Office 86,600 Sq.Ft. 100 Gal/1000/ 8,660 Sq.Ft./Day Town & Country Residential 500 D.U. 125 Gal/Day/ 137,500 Condominiums (2.2 persons/ Person D.U. SUBTOTAL Pro used Project: Fashion Square Commercial Center 490,000 Less existing uses bb,513 TOTAL 1,046,456 i * City of Los Angeles, EIR Manual for Private Projects, 1975, updated 1976. 75D-328 1-OMS l i r t 5.13.4.3 Mitigation Measures No mitigation measures are proposed. 5.13.4.4 Significant Environmental Effects No substantial adverse impacts are anticipated. 75D-329 i 5.13.5 Sewer 5.13.5.1 Environmental Setting Sewage generated on the project site is presently collected I by an on -site 8-inch sewage line that extends south through the middle of the site from Fashion Square Shopping Center to Roe Drive. This i 8-inch line collects sewage from both Fashion Square and Mainstreet Center. The 8-inch sewage line extends west along Roe Drive to Arnett Drive where the line then extends in a northern direction for �= approximately 100 feet. At this point, the sewage line crosses underneath the Santa Ana Freeway to Jonquil Road. On -site sewage is 1s: treated at the regional sewage treatment located in Fountain Valley. There is also a 12-inch sewer main in Roe Drive that could serve the proposed project. This line extends west from Main Street along Roe Drive, south to the north side of Santiago Creek where the �- main then crosses underneath the Santa Ana Freeway and extends in a westerly direction. Although this 12-inch main does not currently serve the site, it could provide sewer service to the proposed project. 5.13.5.2 Impacts I Project Impact J. The existing uses on the site generate approximately 68,513 t" gallons of sewage per day, assuming a generation rate of 100 gallons a day per 1,000 square feet. As indicated in Table 48, the proposed project is estimated to generate 490,000 gallons of sewage per day. t f The removal of Mainstreet Center and the construction of the proposed project would result in a net increase in sewage generation of f L r * John Burk, City of Santa Ana, Public Works Department. ** Ibid. 75D-3190 L; TABLE 48 PROJECT SEWAGE GENERATION Land Use Square Feet Generation Rate* Generation Office 1,500,000 100 Gal/1000 Sq.Ft./Day 150,000 Gal/Day Commercial/ 1,600,000 100 Gal/1000 Sq.Ft./Day 160,000 Gal/Day Retail Hotel 979,200 150 Gal/Room 180,000 Gal/Day (1200 Rooms TOTAL 42079,200 440,000 Gal/Da approximately 421,487 gallons per day. Since the existing sewer lines do not have the capacity to serve the proposed project, additional sewer facilities would be required. The size and location of new sewer facilities would be determined when final site plans become available (Refer to Appendix IV)** and such new facilities will be installed as a condition to the approval of building permits in accordance with standard City procedures. The State -mandated water conservation measures referenced in Section 5.13.4 will likewise serve to reduce wastewater. Cumulative Impact As indicated in Table 49, cumulative projects in the vicinity of the proposed project would generate approximately 624,969 gallons of sewage per day, The net increase in generation, considering cumulative projects and the proposed Fashion Square project would be approximately 1,046,456 gallons of sewage per day. The cumulative projects would also probably require improvements to the local sewage collection system. * City of Los Angeles, FIR Manual for Private Projects, 1975, updated 1976. ** John Burk, City of Santa Ana, Public Works Department. 75D-31001 TABLE 49 CUMULATIVE SEWAGE GENERATION Project Not Available Generation Generation Name Land Use Area Factor Gallons/Day Hurwitz Site Office 2,300,000 Sq. Ft. 100 Gal/1000/ 230,000 Sq. Ft./Day Hotel 367,200 Sq. Ft. 150 Gal/Room 67,500 (450 Rooms) Retail 500,000 Sq. Ft. 100 Gal/1000/ 50,000 So. Ft./Da Homes & Narver Office 98,239 Sq. Ft. 100 Gal/1000/ 9,824 Expansion So. Ft. Da Continental Office 754,850 5q. Ft. 0 75,485 Center Sq. Ft./Day Tooley Office 400,000 Sq. Ft. 100 Gal/1000/ 40,000 Sq. Ft./Da Medical Offices Medical Office 86,600 Sq. Ft. 100 Gal/1000/ 8,660 SSI. Ft./Da Town & Country Residential 500 D.U. 125 Gal/Day/ 137,500 Condominiums 2.2 ersons/D.U. Person SUBTOTAL 624,969 ProposedProject: Fashion 490,000 S uare Commercial Center 68 513 Less exlstin uses TOTAL 1,046,456 * City of Los Angeles, EIR Manual for Private Projects, 1975. Upaatea 1976. 75D-3h a 5.13.5.3 Mitigation Measures No mitigation measures are proposed. 1 5.13.5.4 Significant Environmental Effects i No substantial adverse impacts are anticipated. r i I a 75D-dh 5.13.6 Solid Waste 5.13.6.1 Environmental Setting Solid waste on the site is presently serviced by a private collecting company and deposited at an Orange County sanitary landfill (Coyote Canyon). The County currently has four landfills with two new 1 sites scheduled to open in the near future. Both the existing and new sites are Class II-2 landfills. The County has adequate landfill capacity to last beyond the year 2000.* r 5.13.6.2 Impacts i' u Project Impact r.: The existing uses on the site generate approximately seven i tons of solid waste per day . Main5treet Center generates approxi- mately two tons and Fashion Square approximately five tons. As i indicated in Table 50, the proposed project would generate �.: approximately 33.44 tons of solid waste per day . 1 ,f The removal of Mainstreet Center and the construction of the proposed project would result in a net increase in solid waste generation of 26 tons per day. Since the County anticipates having adequate landfill capacity to last beyond the year 2000, no significant s adverse impacts are anticipated (refer to Appendix 1V). However, the project would have an incremental impact on the reduction of the life i capacity of the Coyote Canyon landfill site. t Cumulative Impacts 1 As indicated in Table 51, cumulative projects in the vicinity i of the proposed project would generate approximately 46 tons of solid waste per day. The net increase in generation, considering the Fashion 75D-a34 La Square project would be approximately 72 tons of solid waste per day. The cumulative projects would incrementally impact the life expectancy of the Coyote Canyon landfill site. TABLE 50 PROJECT SOLID WASTE GENERATION Land Use Square Feet Generation Rate* Generation )ffice 1,500,000 2 Lbs/Day/100 Sq. Ft. 15 Tons/Day Commercial/ 1,600,000 2 Lbs/Day/100 Sq. Ft. 16 Tons/Day Retail iotel 979,200 .5 Lbs/Day/100 Sq. Ft. 2.44 Tons/Day (1200 Rooms) 4,079,200 33.44 5.13.6.3 Mitigation Measures No mitigation measures are proposed 5.13.6.4 Significant Environmental Effects No substantial adverse impacts are anticipated. * County of Orange, General Services Agency, Solid Waste Management Division. 75DT335 TABLE 51 CUMULATIVE SOLID WASTE GENERATION Generation Generation Project Name Land Use Area Factor* Tons/Day Hurwitz Site Office 2,300,000 5q. Ft. 2 Lbs/Day/ 23.0 100 Sq. Ft. Hotel 367,200 Sq. Ft. .5 Lbs/Day/ 1.0 (450 Rooms) 100 Sq. Ft. Retail 500,000 Sq. Ft. 2 Lbs/Day/ 5.0 100 S . Ft. Homes $ Narver Office 98.239 Sq. Ft. 2 Lbs/Day/ 1.0 Expansion 100 Sq. Ft. Continental Office 754,850 Sq. Ft. 2 Lbs/Day/ 7.55 Center 100 S . Ft. Tooley MedicalOffice 400,005 Sq. t. Lbs Day/ 4.0 100 Sq. Ft. --- Medical Offices Medical Office 86,600 Sq. Ft. 2 Lbs/Day/ .86 100 Sq. Ft. Town B Country Residential 500 D.U. 2.2 Lbs/Day/ 1.21 Condominiums (2.2 persons/ Person D.U. SUBTOTAL 45.61 Proposed Project: Fashion S uare Commercial Center 33.4 ess existing uses 7.o TOTAL 72.01 * City of Los Angeles, EIR Manual for Private Projects, 1975. updated 1976. 75D-336 WPi s�steriti.,i 5.13.7 Police 5.13.7.1 Environmental Setting Police protection is provided to the project site by the Santa Ana Police Department. The site is located in reporting district #161 ;_ which is served by twenty officers on a 24-hour seven day a week basis. There is currently no single major police problem associated with this reporting district.* L Y I; 5.13.7.2 Impacts r, Project Impact The types of crimes that can reasonably be expected to increase due to the project would be larceny, crimes against persohs, auto thefts, auto burglaries and commercial burglaries. These anticipated increases in crimes would increase the demand for police officers and equipment to properly patrol the area and respond to the needs of the citizens and business owners.** i_ On the other hand, the project will generate increased tax revenues available to provide additional police services and equipment. I The extent to which such revenues are in fact used for such purposes L lies in the future discretion of the City government. Cumulative Impact The proposed project in conjunction with other projects in the project vicinity that are located in the City of Santa Ana would result t in an increase in the crime rate and the demand on police services. The overall effects of the project on police services are difficult to evaluate at this time, and are dependent upon the final development plans.*** * Captain Robert H ** Ibid. *** Ibid. Y Stebbins, City of Santa Ana Police Department. 75D-331' E q 5.13.7.3 Mitigation Measures The Participants should provide a private security force to respond to business and customer needs. The presence of a security force would also have a deterrent effect on crime. 5.13.7.4 Significant Environmental Effects The project would result in an increased demand on police services. 5.13.8 Fire 5.13.8.1 Environmental Setting The project site is provided fire protection by the City of Santa Ana. Table 52 lists the fire stations that presently serve the project. TABLE 52 FIRE STATIONS SERVING THE SITE STATION LOCATION RESPONSE TIME #1 1029 W. 17th Street* Approx. 3.4 min. #10 2301 Old Grand Approx. 4.0 mina. #5 120 W. Walnut* Approx. 4.0 min. #2 1688 E. 4th Street Approx. 5.0 min. * Paramedic service. 75D-313'8 7756 The City of Santa Ana and the City of Orange currently have a reciprocal automatic aid agreement whereby each city would respond to a fire in the other city, if called to respond.* i In addition to required on -site fire protection facilities, Fashion Square Shopping Center has a privately owned 200,000 gallon i underground water reservoir with auxiliary pumps that provides a back-up supply of water for fire protection of Fashion Square. 5.13,8.2 Project Impact li The proposed project will result in increased demand on City ( fire suppression services. Due to the increased intensity of development on the subject site, more fire department men and equipment will be required to respond to any reported structure fire on the Site, on a first alarm response, than are now required for such responses. Specifically, it is estimated that, upon maximum development, one Engine Company, one Truck Company and one Battalion Chief would have to be }} added to the current standard first response assignment. l.! It is possible that this increased first response assignment would require the City to provide an additional Engine Company in the 1 area now serviced by Fire Station q1 in order to maintain an adequate level of fire emergency services. However, in the absence of actual experience with the area upon completion of the proposed project, such a need is quite speculative. The proposed project, particularly the proposed hotel, will also increase demand for paramedic services. Again, it will require actual experience with the project upon completion to determine whether j the City will be able to maintain an adequate level of paramedic service with its present City-wide complement of four Paramedic Units. On the other hand, the project upon completion will generate Significant tax revenues available to the City to provide for expanded fire and paramedic services if the City Council determines such use of these revenues to be appropriate, 75D-"9 I L.: r �y 0 Cumulative Impact The proposed project in conjunction with.related projects will result in substantially increased demand for fire and paramedic services. In particular, the construction of a significant number of high-rise buildings will require the City to provide an additional Ladder Company in order to maintain the current level of Ladder Company Service. Increased tax revenues will presumably be available from these. projects to pay for expanded services. 5.13.8.3 Mitigation Measures The project developers shall maintain the current underground water reservoir with auxiliary pumps (or provide its equivalent at an alternative location) and expand such system upon development of the site as necessary for compliance with Fire Code requirements. 5.13.8.4 Significant Environmental Effects The project will result in increased demand for fire and paramedic services. 9 75D440 5.14 Energy Conservation 5.14.1 Environmental Setting k The existing Fashion Square Shopping Center is comprised of 521,725 square feet of retail building space. Adjacent to Fashion L Square is the Mainstreet Center which is comprised of 163,403 square i feet of retail use. L Energy consumption by the existing land uses is pursuant to �.; natural gas and electricity consumed by the existing Fashion Square Center and Mainstreet Center. As detailed in Section 5.13.1 of this report, the estimated natural gas consumption for the existing uses on the site is 13,702,560 cubic feet per month. Concurrently, and detailed in Section 5.13.2 of this report, the estimated electrical consumption for the existing uses on the site is 2,397,948 kilowatt hours per �Onth. L 5.14.2 Impacts ;. Existing Non -Residential Building Standards L The proposed structures will have to be designed for optimum energy efficiency in accordance with Energy Conservation Standards for non-residential buildings adopted by the State of California Energy -k' Commission as amended July 26, 1978. The new regulations prescribe energy conservation standards for all new non-residential buildings in California and represent the state-of-the-art for most energy conservation measures related to building design and equipment selection. Specifically, the regulations specify energy -saving designs for roof, wall and floor installations, and also contain lighting, heating and air conditioning, and hot water supply specification standards. The regulations encourage the use of solar power and other r i r., A 75DV341 non -depleting energy sources. They offer builders the option of utilizing building designs that consume less energy than specified in the regulations. The regulations provide for their enforcement by local building departments through the building permit process. Energy Consumption The proposed expansion of Fashion Square can be expected to v result in an increase in energy consumption. The estimated net increase in energy consumption figures ` associated with the project are 8,656,292 kilowatt hours per month of electricity and a natural gas consumption of 62,507,440 cubic feet.per 4 month. 5.14.3 Mitigation Measures The orientation of building glazing areas, overhangs, and site landscaping should be selected in order for solar radiation to reach indoor areas during the winter months to reduce heating loads. The same principal should be incorporated for the summer months so that building glazing, overhangs and landscaping will reduce the amount of solar radiation reaching the interior of the buildings which will reduce air conditioning loads. 5.14.4 Significant Environmental Effects No substantial energy conservation impacts are expected to occur as a result of activities associated with project implementation. 75D-S 2 1 1, 6.0 ALTERNATIVES TO THE PROPOSED ACTION 6.1 No Project �. The "no project" alternative would leave the project site in J its existing condition which is characterized by declining commercial uses. This alternative would reserve the project area for future redevelopment options. Any adverse environmental impacts that may be fassociated with demolition, rehabilitation and development of the proposed project would be avoided by the "no project" alternative. Existing businesses would not be required to relocate or participate in the redevelopment process. However, the "no project" alternative would p result in the social and economic consequences of continued f..... deteriorating conditions with the Redevelopment Area. r Although the alternative of "no project" would serve to ; eliminate any adverse impacts of the project (i.e., traffic, noise, air 9 quality), the integration and interdependence of the redevelopment objective of the Redevelopment Plan is such that this alternative would eliminate these intended beneficial effects. Allowing the existing development on the site to remain and continue to deteriorate could have i serious aesthetic, social, and economic consequences for the land �. owners, tenants, patrons and the City. According to the Redevelopment 1 Plan, the proposed project is in the best interest of the health, safety and general welfare of the people of the City of Santa Ana. 6.2 Alternative Location Some of the uses proposed by the project could be located at an alternative project location. Obviously, rehabilitation of the F Fashion Square Center would be site specific, but the proposed office, i, retail and hotel rooms could be located elsewhere in the City. There are other sites in the City of Santa Ana, including locations within the City's redevelopment area, available for the type F .:. of development for the project site. 1. 75D-31,43 If the project was located in the southern portion of the City, then some of the impacts associated with the project (aesthetics, shade/shadow) may be even less significant since these impacts may currently exist with high-rise buildings in this area. On the other hand, the project could result in increased impacts to several of the disciplines that are presently impacted (traffic, noise, air quality). Any incremental increase to some of these disciplines may result in significant adverse impacts. If the project were developed in an area of the City where high-rise buildings, office and retail uses are non-existent, then the project could result in greater impacts than the proposed site. If an alternative site was in a predominantly residential area, then impacts such as traffic, noise, land use compatibility, shade/shadow, etc., may be greater than the proposed site location. In addition, an alternative site may result in impacts that are not associated with the proposed location: hydrology; soils and geology; public services and utilities, etc. The project site is designated for redevelopment by the Community Redevelopment Agency, and redevelopment will occur eventually as conditions continue to deteriorate and economic pressures increase. Redevelopment of Fashion Square Shopping Center and revitalization of the North Main shopping area, consistent with the Redevelopment Plan, necessitates implementation of the project on the proposed site. 75D-344 1 i l: t L 6.3 Smaller Scale Development on the Same Location 6.3.1 In General This section will evaluate the alternative of a project consisting of a smaller scale development on the same site as the project. Only those significant environmental impacts which were determined to exist for the maximum project will be examined in the discussing of this alternative, it being presumed (with one exception) that a smaller scale project could not result in the appearance of substantially adverse environmental effects beyond those identified for the maximum project. (The one exception concerns the achievement of Redevelopment Plan goals. The imposition of a lesser maximum development may make the project unacceptable to the project participants, thus making this' alternative equivalent to the "No Project" alternative. A large reduction in scale, even if accepted by the project participants, may result in redevelopment too minor to achieve the economic revitalization of the Fashion Square.Main Street Shopping Center commercial area. The continued decline of that area would itself be a substantial adverse environmental effect.) With respect to those significant effects identified for the maximum project, traffic impacts are by far the most serious and will be treated in considerable detail in the following subsection. The other identified significant effects can be discussed in more summary fashion as follows: (1) Land Use - If the project site were reduced to avoid the acquisition of the Fidelity Savings building parking area, the potential parking problem involving that building would be eliminated. However, the project would lose the benefit of direct access from the Broadway overpass. 75D210045 l (2) Noise - To the extent that a reduction in scale of the project reduces project -induced traffic on Main Street (reference Section 6.3J ), the noise impact on Owens Drive residents will likewise be reduced. (3) Shade/Shadow and Solar Glare - The potential adverse impacts of shadowing and glare are consequences of building height and materials rather than the overall size of the development. A low limit on building height could eliminate such effects, but would appear to be an unnecessarily drastic alternative to the mitigation measure recommended for the project. (4) Housing and Airport Use - A reduction in the scale of the project would likewise reduce the demand for housing in the area by project employees and the demand for use of the John Wayne Airport. (5) Demand for Police, Fire, and Paramedic Services - A reduction in the scale of the project would reduce the demand for use of police, fire, and paramedic services. It would also reduce city tax revenues from the site which would otherwise be available for possible augmentation of those services. 6.3.2 Traffic and Circulation In order to determine the sensitivity of the transportation system recommended in the Phase Two TSIP to changes in the size of the Fashion Square project, a 33 percent across-the-board reduction in the project was tested. Two tests were conducted. The most meaningful was a comparison of the traffic reduction occurring on Main Street as a result of a 33 percent reduction in Fashion Square. To answer this question, peak period trips were reduced by one third and a computerized selected link analysis was used to determine the effect on the direc- tional design hourly volumes (DDHV) for Main Street. The Phase Two TSIP 75D-346 Study shows the DDHV for Main Street, given full development of the Fashion Square/Town and Country Area, is 2,950 vph southbound and 2,450 vph northbound. These DDHV/s translate into a 4 lane requirement for southbound and a 3 lane requirement for northbound traffic. This suggests the question, "Would a 33 percent reduction in Fashion Square reduce these lane requirements?" The analysis summarized in Table 53 1 shows it would not, although the level of service to be provided would be improved. " TABLE 53 COMPARISON OF DDHV FOR MAIN STREET OF 33 PERCENT REDUCTION IN FASHION SQUARE DHV Lane Requirements* North South Nor %OU i Condition Bound Bound Bound Bound i Full development of Main Street area 2,950 2,450 4 3 33% reduction of Fashion Square 2,725 2,364 4 3 Percent reduction 7.6% 3.6% - - I I * Based on capacity of 750-800 vplph. This "What if" analysis indicates that the volume of traffic i on Main Street is relatively insensitive to the changes in the size of Fashion Square. A 33 percent reduction in the size of Fashion Square only equates to a 7.6 percent reduction in the critical DDHV of Main Street. Intuitively, one may question this conclusion. Upon closer 1 examination of the travel patterns to and from Fashion Square, the effectiveness of the Phase Two TSIP concept of providing alternative access to Fashion Square is evident. Previous analysis of Fashion Square's trip distribution and assignment indicates 69.6 percent of the trips desire access to/from freeways. An even higher portion (72.3 j percent) of the outbound PM peak flow uses the freeways. Freeway access to/from Fashion Square is designed to minimize direct use of Main i Street. The only freeway access serving Fashion Square traffic which It 75D-7 k loads traffic directly onto Main Street is the new northbound I-5 on -ramp. All other ramps have alternative circulation available which provides quicker (time wise) access to the freeways than Main Street. ( The net result is a relative insensitivity of Main Street to peak period trip reductions by Fashion Square. Trips generated by Fashion Square will effect Main Street as much from crossing movements at several intersections as adding to the north -south travel. Previous analysis established that 24.2 percent of Fashion Square trips cross Plain Street L whereas another 28.9 percent use Main Street for access. These factors are largely responsible for Main Street°s reduced sensitivity to trip j: generation by Fashion Square. l The same sensitivity relationship between trips generated by i Fashion Square and Main Street does not apply to the surrounding freeways. Fashion Square trips will use the freeways in a much higher proportion than they use Main Street. As a result, while a reduction of 1 10 trips from Fashion Square only reduced traffic on Main Street by 2.89 trips, it will have a correspondingly greater impact on the freeways by reducing peak period trips by 6.9 trips. A reduction of Fashion Square I by 33 percent will reduce PM peak hour freeway usage by 1,237 trips on `I4_ the Rte 22 and I-5 freeways. t.. (b) Effect of Selectively Reduced Land Uses The previous analysis has shown the sensitivity of the j transportation system to uniform reductions in land use in Fashion E Square. This analysis will examine the impact of selectivity in L reductions of one land use compared to another. Three primary types of land use are planned in Fashion Square - retail, office and hotel. These three land uses have the following trip generation J characteristics. 75D-348 I TABLE 54 TYPICAL TRIP GENERATION RATES FOR FASHION SQUARE LAND USE (PER 1,000 SF) I 4 Orange County Trip Rates (PM pk hr) Land Use Daily In Out Total Dir. Distr. Retail 26.5 0.60 0.80 1.40 57/43 j, Office 11.7 0.23 1.16 1.39 83/17 Hotel 10.5 0.36 0.37 0.73 50/50 Table 54 shows that reductions in the retail use are the most efficient in minimizing total trips. Retail traffic is approximately 2 to 2.5 times that of either office or hotel uses. However, reductions in the total daily trip generation are not necessarily a goal in itself. Transportation systems are designed for peak demand (usually one hour) not total daily travel. Therefore, reductions in land uses which produce off-peak travel are actually counter productive. In fact, a significant transportation system management (TSM) strategy is to encourage a shift in travel to off-peak periods rather than necessarily suppressing trips altogether. For example, analysis of the average daily vehicle miles of travel (VMT) produced by 1,000 SF of retail is 106 veh-miles compared to 117 veh-miles for equivalent sized offices. These two influences suggest it is essential to examine the peak period trip characteristics of land use even more so than total daily trip generations. Table 54 indicates that the peak period trip generation characteristics of office and retail are nearly equivalent in total trips produced but differ in directional distribution and a major difference between retail and office uses is trip length. The average work trip is 10 miles compared to a 3-5 mile length for a typical shopping trip (to a regional center such as proposed for Fashion Square). Therefore, while it appears on the surface that reductions in either retail or office uses will produce the same magnitude of peak 75D-349 hour trip reductions the longer average length and high directionality of the office trip are important considerations. Retail is a more efficient use of available transportation capacity in both directions and produces short trips compared to office use. Therefore, even though retail and office generate about the same number of trips in the peak periods, reductions in office usage will be more effective in mitigating peak hour congestion. (c) Conclusion The conclusion of the alternatives which examined the traffic mitigation effects of reducing the size of Fashion Square while retaining the number of proposed and approved development in the area shows that: 1. The traffic volume on Main Street is relatively insensitive to reductions in Fashion Square since only 26.9 percent of these trips are expected to use Main Street. A 33 percent across the board reduction in Fashion Square produces a 7.6 percent reduction in the critical design hourly volume on Main Street. Despite a reduction in the DDHV, the same number of lanes would be required on Main Street. 2. Trip reductions achieved by Fashion Square produce correspondingly higher reductions in usage of the freeways than Main Street. A 33 percent reduction in Fashion Square trip generation produces a net reduction of 1,237 freeway trips in the PM peak hour. 3. Selective reductions in office and retail space is about twice as efficient as hotels in reducing travel for the critical PM peak period. 75D-3-50 }L �L F JL IL 4. Retail uses produce substantially higher total daily trips than office space, but those trips are more evenly distributed throughout the day. Peak hour trip generation and total VMT of both land uses are similar except for the highly directional nature of office travel, but reductions in office usage would be more effective than reductions in retail usage in mitigating peak hour congestion. 75D-TS1 7.0 THE RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG- TERM PRODUCTIVITY 1 The project site is currently developed with retail uses f(Fashion Square Shopping Center and Mainstreet Center), surface parking lots, and vacant land. The proposed rehabilitation and redevelopment will commit the land to long-term use as a commercial/retail complex. The project area has faced deteriorating commercial services as a result of the decline of the downtown area. The lack of goods and services comparable to surrounding areas have forced residents to seek more competitive shopping than found in their own neighborhood. Over the i long-term, the project will preserve those commercial services which are y` competitive and will provide new commercial opportunities for the residents in the area as the market allows. Fashion Square will be developed into an enclosed regional shopping center with supportiv¢ and complimentary commercial uses integrated into the development. Over the long-term, the project will preserve -and substantially strengthen commercial/retail development, and concurrently the economic growth of the area. The project is in conformance with the long-range objectives of the City's Redevelopment Plan. i' The proposed project will involve short-term activities such fas building demolition, site preparation, and building construction. Along with other existing and planned developments in the area, the project will contribute to a decrease in air quality, increased energy consumption, increased automobile traffic and noise, and the depletion of natural resources. 1 l I 75D52 It W mS 8.0 ANY SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED i The proposed project will result in an intensification of land uses within an urban area. Irreversible environmental changes which could be expected from implementation of the proposed project include demolition of existing structures, and the consumption of energy utilized in demolition and construction activities. There will be a permanent commitment to provide additional i< energy sources, particularly natural gas and electricity to the site. '1 The fossil fuels consumed during demolition, construction, and those which will be consuned during the project's life are irreplaceable. There will be a permanent loss of natural resources for building material used to construct and finish the structures. The project will result in increased vehicular traffic and congestion. There will be an incremental increase in air pollution as a result of the emissions from vehicles, power generated equipment, and grading activities. The increased traffic and urban activity will also result in increased noise levels in the local area. There will also be j a permanent commitment to provide community services such as water, 1� solid waste, sewage, police and fire services. The visual character of the site will be altered by the increased intensity of development, especially if high-rise buildings are developed on the site. If high-rise buildings are constructed, then shade/shadow impacts to ru adjacent developments, including residential areas, could result. Depending upon the type of exterior surfaces used on the structures, solar reflection could also cause an environmental change in the area. i u 75D-3553 fih of ms 9.0THE GP.OWTH-INDUCING IMPACT OF THE PROPOSED ACTION The proposed project is not anticipated to have a direct growth -inducing impact. Although the project is 'anticipated to generate approximately 10,000 new employment positions, there is adequate labor supply in the City of Santa Ana to meet the labor demand of the project. Future employees could also commute from surrounding cities, such as Orange, Westminster, Buena Park, Anaheim and Garden Grove, and therefore the project would not result in growth -inducing impacts since there is an adequate labor force in the project area. The proposed revitalization and new construction will result in increased retail/commercial activity within the North Main Street shopping area. The project is intended to promote economic growth within the redevelopment area consistent with the Redevelopment Plan by restoring the economic, social and physical health of the area. T.he project will stimulate and attract private investment, while improving the City's economic health, employment opportunities and the tax base. The economic growth generated by the project is considered significant, however, the revitalization and redevelopment will have a positive economic impact upon the community. The project may contribute to development of other property in the area, particularly within the Redevelopment Area, for ancillary commercial -related services and competitive land uses. The project will have a growth -inducing effect upon utilities and public services because of increased demand. The project will also result in increased motor vehicle traffic. I n 10.0 ORGANIZATIONS AND PERSONS CONTACTED Mr. Walter D. Schraub Mr. B.K. Smith Mr. J.D. Allen Mr. D.G. Poer Mr. Marshall B. Andrews Captain Robert H. Stebbins Mr. John Burk Chief Montgomery Mr. Dave Ream Mr. Tom Hamnili Mr. Stan Soo Hoo City of Santa Ana Public Works Department Southern California Edison Company Southern California Gas Company County of Orange Solid Waste Management Division Pacific Telephone City of Santa Ana Police Department City of Santa Ana Public Works Department City of Santa Ana ; Fire Department City of Santa Ana Community Redevelopment Agency City of Santa Ana Community Redevelopment Agency City of Orange 75D2a55 I Lm APPENDIX I i PLANT AND ANIMAL SPECIES LIST 1 i 1 75D-356 i 1 �i(. �';. /�J APPENDIX I PLANTS OBSERVED ON PROJECT SITE Y COMMON NAME SCIENTIFIC NAME f I TREES 1.: Ash Fraxinus spp. Atlas Cedar Cedrus.atlantica Banana Musa sue. i. Canary Island Pine Pinus canariensis �- Cape Chestnut Tree Calodendrum ca ense ? Common Olive Olea europaea c.: Flaxleaf Paperbark Melaleuca linearifolia Indian Laurel Fig Ficus thicrocarpa nitida Jacaranda Jacaranda mimosifolia Jack Pine Pinus banksiana Japanese Maple Acer palmatum Kaffirboom Coral Tree Er ty hrina caffra Lemon Bottlebrush Callistemon citrinus Lemon Scented Gum Eucalyptus citriodna London Plane Tree Plantanus acerifolia_ Nikau Palm Rhopalostylis sapida Palm Brahea armata Podocarpus PodoCarpus gracilor Red Flowering Gum EucalY_etus ficifolia Sago Palm Cycas revoluta Silk Tree Albizia julibrSssin I 75D-357 I I n APPENDIX I WILDLIFE OBSERVED OR EXPECTED ON PROJECT SITE COMMON NAME SCIENTIFIC NAME BIRDS American Robin Turdus migratorius Breweris Blackbird Euphagus cyanocephalus Cor us corax Common Crow House Finch Carpodacus mexicanus House Sparrow Passer domesticus Inca Dove Scardafella inca Mockingbird Mimus polyglottos Rock Dove Columbria livia Spotted Dove Streptopelia chinensis Sturnus vulgaris Starling MAMMALS Black Rat Rattus rattus Brush Rabbit Splyilagus bachmani California Ground Squirrel Citellus beecheyi House Mouse Mus mm sculus Norway Rat Rattus norvegicus Valley Pocket Gopher ThomoTys bottae REPTILES Side -Blotched Lizard Uta stansburiana Western Fence Lizard Sceloporus occidentlis 75D-358 APPENDIX I I i L SHRUBS OBSERVED ON PROJECT SITE COMMON NAME SCIENTIFIC NAME Aloe Aloe arborescens American Holly Ilex opaca Bird -of -Paradise Strelitzia reginae Bougainvillea Bougainvillea spp. Chinese Photina Photina serrulata Cordyline Cordyllne austidis Crape Myrtle Lagerstroemia indica Dudleya Dadleya brittonii Fiddle Leaf Fig Ficus 1 rata Grape Vitus spp. Jade Plant Crassula argentea Juniper Juniperus horizontalis Mock Orange Pittosporum tobira Oleander Nerium oleander Periwinkle Vinca major Rose Mallow His6iscus militaris Shrimp Plant Justica brandegeana Daphniphyllum macropodium Dalbergia sissoo GRASSES Bermuda Grass C ny odon dact lon Crabgrass Digitaria sang_uinalis Heanley Bamboo Nandina domestica Ryegrass Lolium spp. Wild Oat Avena:fatua WEEDS Dandelion Taraxacuma officinale Field Mustard Brassica rapa Pigweed Amaranthus album Storksbill Erodium cicutarium 75D-359 APPENDIX II TRAFFIC DATA 75D-360 s ' � � � � J � r J ♦ i eJ M I I.- R R M«« Y Y Y S SJ O a e t _ i e a � Y J 6 d a i Z J F w w R J w F « w• S F i a gag h J h! J F 1 yJ h M1 d h M T Jig C ' - � h gg J d a d h J w h y p R M r i • s � p e i -sss v ^o s iy S hl r� i J F K r- j F w w• F IhiP w w w s s s i - d M Y Mpg � v'$} D p .�jj R M• J 75D-361 {. s • w w• S s S i i i M M Y Y 4 mmmommo R I wggI I I~2I•I{l°T I-I-Iµ2IP w w w s s s i R A• M Y N 4 N ti Ni F w .1 Y !YI F Yh! F IR R e« C M 4 Y N S S S z ` �\!/�|=,■t,l: �!!• / ;;;::_;■;■■■ - \ _;;_l==;:�■s _,■=�■�=K; ��:_:_:;�■■# ��|t,■;,K;� � ;;■■;:■■■■■■ ,■#,■;,■;,»_ ■■■:;■,:;■■, ,■�,■::■=,t; ) _■��■;,l;�l; � ;;;■__:::■!, \ k -- - -- _ ;l:,■��■■,£t =l�:E��l:,l; ;;■::;:::■■, .■;■__:_��■■, - ! { ' 2 �!|`a;'• - �l;:l=,|=,r= � ,|:_■��l;,■= . ......::■■■ ,...,.=:,■s 75D- §2 APPENDIX II-B ARTERIAL STREET TYPICAL TRAVEL TIME COMPARISONS PEAK VS OFF-PEAK (MINUTES) STREET LIMITS DIRECTION AM. PM OFF 17th Bristol- W/B 8-9% 10-11 7-8h Tustin E/B 10 10-12 3/4 6-8 LaVeta/Bristol Cambrldge- W/B 9-10 W, 9-11 Washington E/B 10-11 111%-13 9-11 Main Street Orangewood- N/B 6§-9 8y-10 7-6 Washington S/B 7-9 6�-9 7-6 Glassell/ Chapman Ave.- S/B 6 3/4 744 5-6 Grand SA Blvd. N/B 6 3/4 7-11 51, Parker/ Chapman to S/B 55-6k 6-6k 515-6k Santiago 17th N/B 6 6-64 5°-6 Chapman Yorba- W/B 11 114-131, '9-10y City Drive E/B 9§-12 10-14 3/4 "-10 Almond Lincoln- W/B 64-7 6 7 Flower E/B 7 7 7-7h Santa Clara Bush- E/B 4-4h 4�-55 4k-5k Tustin W/B 4 3/4 5 4% Fairhaven Tustin- W/B Iss-2h 2-3 2k-3k Grand 75D-363 APPENDIX 11—C SIGNAL CYCLE PERFORMANCE (OFF-PEAK PERIOD) TIME 1 CYCLE W/PEO5 AVG. CYCLE LENGTH ISEC) MMRSECTION PHASING OF PAY MAJOR 610E MAJOR ST. SIDE ST. TOTAL Mean-Duffalo S/B leading L.T.0 1200 60 _A0 26 23 49 Main-S/B Fvy off 20 1130 0 (50) 39 46 01 Rera l l M.in-17th St. 1e44 L.^. 0 MA 40 40, 23 A4 61 17th - Spurgeon W/B lead L.T. 0 1200 45 (50) 45 28 13 Recall 17th-S/B off/Pennvay W/B lag L.T. 0 1130 30 40 36 34 70 17th-N/B off/Valencia E/0 lead L.T. 0 1100 30 (40) 51 21 74 Recall 17th-Santiago 20 1030 30 (40) 62 10 so Recall 17th-Lincoln 20 1020 40 (40) 29 21 50 Recall 17th-Grand 00 Lead L.T. 0920 50 50 36 50 86 Grand -21st 20 0900 20 50 59 15 74 Grand -Santa Clara 20 0645 20 (AO) 36 26 62 Recall Grand -Fairhaven 20 0820 60 (50) 41 33 � 74 Recall Glassell-E/B M1y Rps Lead S/B L.T.O 1520 50 (30) 46 14 60 Recall Glassell-W/B r-Y Rpa Lead N/B L.LO 1500 (20) (0) 50 10 60 Recall Recall Glassell-La vets 20 1430 00 70 36 36 72 Chapman -Lemon 20 1415 40 60 26 21 49 Chapman -Batavia 20 1350 20 00) 33 44 77 Recall Chapman -Main 80 Gad L.T. 1330 40 30 42 48 90 Chapman-Feldner 20 1250 20 0 41 17 .58 Chapman-N/B Pte. 57 20 1215 0 0 55 10 65 Chapman-S/B Rte, 57 20 1135 0 0 43 17 60 Main -Almond 20 0850 60 30 63 23 B6 Main-Culver/Steuart 20 0915 20 40 39 15 54 Mein -La Vet& 00 Lead L.T. 0930 60 60 36 49 05 Mein -Town 6 Country $0 Load L.T. N.S. 1000 . 40 50 43 27 70 Mein -Edge Wood Lead S/B L.T.0 1045 40 SO $2 19 71 Main -Santa Clara 20 1110 (0) 60 S7 26 83 LA Veta-parker 20 La Veto -Pepper US lead L.T. 0 La Vota.Pte 22 Rps. W/B Lead L.T. 0 Recall 1445 30 20 25 1300 40 10 33 1315 30 30 42 16 41 19 52 28 10 75D-364 APPENDIX I1-D C Bus Route Ridership On Board ON Board Route # Direction Entering On / Off Exiting 53 South 223 304 / 133 388 53 North 412 152 / 242 325 {' 54 East 351 127 / 134 335 54 West 263 123 / 106 282 56 East 44 5 / 19 32 56 West 27 24 / 6 45. 69 South 417 203 / 207 421 !}. 69 North 464 180 / 227 429 143 East 303 147 / 144 249 143 West 301 129 / 103 309 r t 0 75D-365 0 APPENDIX III NOISE DATA 75D-366 Location I approximately 130' east of Main Street on the north side of Owens Drive. is Noise Level dB(A) 9 75D-367 Location 2 approximately 250' east of Main Street on the north side of Owens Drive 6. I N 5 Noise Level dB(A) 40 50 60 70 80 90 B 75D-368 n Location 3 approximately 400' east of Main Street on the south side of Owens Drive I__ 3 Noise Level dB(A) 40 50 60 70 80 90 N 75D-369 Location 5 approximately 100' west of Broadway on the south side of Charlotte Street (refer to map) L Noise Level dB(A) 40 50 60 70 80 40 I 75D-370 Location 8 approximately 100' west of the intersection at Broadway and Santa Clara (refer to map) Noise Level dB(A) 40 50 60 70 80 90 75D-371 � fY ti �! 'h y by , I r f f O h � 75D-372 APPENDIX IV CORRESPONDENCE 75D-373 MAY K G.I. k rn Biq kl•u VICE MAYOR R. W. E uxembourKef COUNCR MEMBFR klhn Aucua Damd F. Cdsel I.OKden Markel PaluVa A. Ms'CmY,.m AI(md C. Sprralo May 4, 1981 (D CITY OF SANTA ANA 2110W (AN I I K N ALA • Ill 1. (A IX PRIM SAN TA ANA, CAI B ORNU 92702 CITY MANACIR A I. Wilson CITY ATTORNEY Edward 1_ Cooper CI FRK Of THE COUNCII Ianicc-C Guy RECEIVED MAY 08 1981 CNYIRuNMZNtAL Doris Starnes snnls:u,v. Environmental Studies Department Ultrasystems, Inc. P.O. Box 19605 Irvine, CA 92715 SUBJECT: ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED FASHION SQUARE REDEVELOPMENT PROJECT Dear Ms. Starnes: The data you requested in your letter of April 24, 1981 is as follows: Water Fashion Square is served by a 12" main along the south boundary of Fashion Square and a 12" water main in the frontage road next to the Santa Ana Freeway; an 8" water main along the south property line of Metcalf Plaza serves the shopping center south of Fashion Square. Fashion Square has a private fire line extending around the exterior of the structures that is served from a 10" fire line connected to the 12" water main south of it. The private line is a combination of 8" and 6" with 20D,000 gallon underground reservoir and auxiliary pumps to provide additional protection. The stores are served domestic water through a privately owned water line connected to the 12" water main at the south property line. The pipeline is 6" to the underground reservoir feedline then is 4" along the westerly and northerly periphery of the buildings. The project can be served by the existing water mains, although it may re- quire some reinforcement. A 16" water main exists in Main Street at Memory Lane. The City proposes to extend the 16" water main westerly to eventually connect to the 16" water main in the frontage road on the northeast side of the Santa Ana Freeway. The 16" water main will extend from Memory Lane to Metcalf Plaza. The impact of the project will depend upon the increased water demand over the present demand. When the Howard Crooke Reservoir and Pumping Station was built in Santiago Day Camp about 1/2 mile east of Fashion Square the pressure and water capacity was increased at Fashion Square. Alternatives 75D-374 May 4, 1981 Page 2 Nos. 3 and 4 indicate a sizable increase in the square feet of floor space and it will be necessary to determine what the water demands for these facilities will be before giving an estimate of the impact. SEWER Fashion Square is presently severed by a private sewer system of 8" sewer mains. They connect to an 8" sewer main running south about midway between Main Street and Arnett Drive, which is the frontage road for the Santa Ana Freeway. Metcalf Plaza is connected to the same north -south 8" sewer main. The 8" sewer main extends along Roe Drive to Arnett Drive then north along Arnett Drive to a Santa Ana Freeway crossing where it passes through an ease - went to Jonquil Road. An additional 12" sewer main was installed in 1969 from Roe Drive south through an alley and easement to the north bank of Santiago Creek. The 12" sewer main passes through an easement to connect to a 12" sewer main in Park Lane Your request to determine if the existing trunk lines have capacity to the project will be referred to our Design Section. The remaining data request will also be referred to the Design Section. Sincerely, Walter D. Schraub Water Engineer WDS/gg 75D-375 Southern California Edison Company P 0 BOX 2307 ^ SANTA ANA CALIFORNIA 927107 May, 1981 RECr NED DORIS STARNES MiAY 12 Ultra Systems, Inc. L 2400 Michelson Dr. iU�E•i U;V. Irvine, CA 92715 �1 L This is to advise that the subject property is located within the service territory of the Southern California Edison Company and that the electric loads of the project are within parameters of projected load growth which Edison C, is planning to meet in this area. Unless the demand for electrical generating capacity F. exceeds our estimates, and provided that there are no unexpected outages to major sources of electrical supply, we expect to meet our electrical load requirements for �- the next several years. Our total system demand is expected to continue to increase annually; and, if our plans to proceed with future cons- truction of new generating facilities are delayed, our ability to serve all customer loads during peak demand periods could become marginal by 1984. is In addition, the major fuel used in Edison's generating facilities is low sulfur fuel oil. Die now believe that our low sulfur fuel oil inventory, together with our contractual commitments for delivery and our customers' conservation efforts will permit us to meet the current forecasted demands for electricity through 1981. It is our intention to continue to do everything that can reasonably be acconplished to provide our customers with a continuous and sufficient supply of electricity. Enclosed is a single -line diagram of Southern Edison Co. existing overhead facilities in the proposed redevelopment project. California area of the 75D-376 Both freeway crossings will remain overhead on existing structures as shown to maintain Edison system integrity. Within the proposed project, Edison maintains 4-12000V circuits served from 4 adjacent substations. Three circuits enter the area on overhead structures, one circuit enters the project underground from the East. Edison maintains an extensive underground system within the northerly portion (Fashion Square Shopping Center) of the proposed site. The development will be served by existing Edison facilities. Please contact Edison Energy Services representative, Bob Miller, 714-835-3833 concerning conservation information for this project. If I can be of any further assistance on this project, please contact me at 714-835-3833. BKS/lp Sincerely, B. K. SMITH Service Planner 75D-377 LbUN-rY C?F° C> FtR.NC3E NERAL SERVICES AGENCY SOLID WASTE MANAGEMENT DIVISION DONALD G. POER. MANAGER I500 SOUTH GRAND AVE. SANTA ANA. CA 92705 Apri 1 30, 1981 714 834-3466 Doris Starnes, Project Manager Ultrasystem, Inc. P. 0. Box 19605 Irvine, CA 92715 T.R. EGAN DIRECTOR RONALD BATES ASSIST ANT D IRE C TOR Surro RT SERVICES RECEIVED MAY 0 4 1981 E34VIAG00244TAL MUDIE.7 VV. Dear Ms. Starnes: The following information has been compiled by the Orange County General Services Agency/Solid Waste Management Division, to assist engineers and consultants in the preparation of the solid waste management aspects of Environmental Impact Statements/Reports: L 1. Orange County currently operates four sanitary landfills. Two future sites, Olinda Alpha and Bee Canyon, are scheduled to open in the near future. These landfills will replace the existing Olinda and Coyote Canyon stations. (see attach) 2. All four existing sites are Class II-2. The two new sites will also be designated Class 1I-2. 3. Orange County will have adequate landfill capacity to last beyond the year 2000. 4. Private collectors make collections in all areas of the County with the exception of the City of Newport Beach, and the Sanitation District `f- service in the Midway City, Westminster area. I 5. The solid waste disposal systems are placed to accommodate continuing I i development within the County. 6. The impacts of increased population include expanded collection service by the collectors and an increase in the amount of refuse to be disposed. The estimated generation is approximately 7.5 lbs. per person per day. II The above information is considered sufficient to answer most questions regarding solid waste management in Orange County. If more detail is required, do not hesitate to call us. 1 Very trul .�vours, '.� ` D. G. Poer, Manager DP:kh Att. 75D-378 I • Duaua urm) (Imperial Hwy. to Valencia, then North) Page 3* • SANTIAGO CANYON J*13) (Chapman east to Santiago Canyon Road, then southeast) Page 46* Bee 0CaW?-O' v (>7) . • (4";Iar oV/Z OF - COYOTE CANYON IA?M aF' ..ti 5 A14D �#*5) PAQ- 5/ � (MacArthur Blvd South, South on Bonita Canyon, then South on Coyote Canyon) Page 32* COUNTY OF DRAN6[ DISPOSAL STATIONS *Refers to page number in Thomas Bros Map 1978 Edition • (Ortega tiwy Ae0°asa"i�%'" La Pata then south) Page 66* 75D-379 MAYOR MAYOR 4rn Cam), VKI MAYt IR CIIYMANACLR H. W lu.rudwniq..r A 1. Wd>un ( O11N(II MI MITI K CItYAIlORNIV luhn A, (AU Edward I. C" per Dame)1. Grnrt CLERK Of IHE COUNCIL I- Ogden Markel Janice C. Guy Allied A.e,,atog°° CITY OF SANTA ANA Allred C. $erraw May 18, 1981 20CIVIL '('INIIRPIAZA.P.O.BOX 19R8 RECEIVED SANI A ANA. CALII ORNIA 927112 1AAY 2 - i981 CNVIRC.N.A _NTAL Doris Starnes o:e. Ultrasystem, Inc. 2400 Michelson Drive P.O. Box 19605 Irvine, CA 92715 SUBJECT: FASHION SQUARE REDEVELOPMENT PROJECT Dear Ms. Starnes: A' Your letter of April 24, 1981 to Walter Schraub indicated that you are in the process of preparing an enviromental impact report for the above project. You asked us to answer several questions pertaining to the existing sewer and storm drain facilities. One of the questions pertains to the sewage treatment plant and whether it: has capacity to serve the proposed project. As you may have concluded, our sewer systems are connected to Orange County Sanitation trunk lines, which in turn carry the sewage to their treatment plant in Fountain Valley. The _ administration office 'is located at 10844 Ellis Avenue. We do not envision any capacity problem, but it is advised that you contact an O.C.S.D. rep- resentative for your answer. I The Fashion Square area is served by an 8" sewer in Roe Drive and a 12" sewer in Roe Drive and Main Street. There is sufficient capacity for your proposed alternatives 1 or 2, but alternatives 3 or 4 would require the construction of additional sewer facilities. Drainage should not be a problem, since the area is essentially all paved now. We have a 42" 0 storm drain in Main Street and a 36" b line in Arnett Drive, both of which discharge into Santiago Creek. The northwest portion of Fashion Square drains into an open channel which is part of the state freeway drainage system emptying into the Santa Ana River. If you wish to discuss the above information in greater detail, please call Joseph Hopper at 834-4152. eSincerely, •%� Z"n"Bl� �"urk / Senior Civil Engineer -Design Enclosure: Plan JH/gg 75D-380 PaeftTefephone 3939 E. Coronado Street Fint Floor Anaheim. California 92807 May 12, 1981 Ultrasystens, Inz. P. 0. Box 19605 2400 Michelson. Drive Irvine, Calit. 92715 A -!.:antion: Doris Starnes Re: Fashion Square Redevelopment Project EIR Dear Doris: This is in reply to your letter of April 24, 1981, requesting Pacific Telephone's input for the above mentioned EIR. I Our existing underground facilities are represented on the enclosed record sheets (Route 1 Sheets 10, 11, 12). The impact on the telephone network is similar for any of the four alternatives, in that a reinforcement of the network would be necessary. The degree of this reinforcement would vary from, new cables being pulled into existing conduit systems, to, new conduit and cable systems being built. In any case, the existing facilities are inadequate to serve the proposals set forth in your letter. I' Lead time is of the utmost importance in projects of this type. We emphasize the fact that Pacific Telephone needs to be kept informed as l to the direction and magnitude of this project to provide service in an adequate and timely manner. I Additional information should be forwarded to us as it becomes available. Should any questions arise, I may be reached at 999-5715. Very trul your , r 5 Marshall B. Andrews Engineer, Liaison MBA:kc Enclosures 75D-381 ORANGE COUN1Y DIVISION • V. O. BOX 3334. ANAHEIM. CALIF. 92003 May 1, 1981 Ultrasystems, Inc. P.O. Box 19605 2400 Michelson Drive Irvine, CA. 92715 Attn: Doris Starnes; Project Manager Subject: Fashion Square Redevelopment Project RECEIVED joy F11V1 R;:N q,LN IAL (;me+C? Inv. This letter is not to be interpreted as a contractual commitment to serve the proposed project, but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above -named project is proposed. Gas service to the project could be pro- vided from an existing main as shown on the attached atlas sheet without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agencies take any action which affects gas supply or the condition under which service is available, gas service will be provided in accordance with revised conditions. Estimates of gas usage for non-residential projects are developed on an in- dividual basis and are obtained from the Commercial -Industrial Market Services Staff by calling 213-689-2o41 or 213-689-2062. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs, please contact this office for assistance. ,5 l G/es attach. 1 ( Sincerely, J. D. Allen Technical Supervisor 75D-382 V: i i MUM OFFICE OF THE CHIEF OF POLICE )4 CIVIC CENTER PLAZA . SANTA ANA + CALIFORNIA 92701 RECEIVED May 18, 1981 MAY 19 i981 ENV in: NN: NUL Ms. Doris Starnes, Project Manager Environmental Studies Ultra Systems Incorporated 2400 Michelson Drive Irvine, Ca. 92715 Subject: E.I.R. For Proposed Fashion Square Redevelopment Protect ,i Dear Ms. Starnes: The following comments and recommendations are in response to your request: 1. Below is a breakdown of crime for this area which is identified as reporting district 161. The rating for this district is based on a total of 128 reporting dis- trict. This reporting district is one of nine that is policed by a total of twenty officers on a 24-hour seven day a week basis. INCIDENTS 1979 1980 Calls 120 123 Arrests 116 126 Crimes 120 122 Accidents 118 122 Residential Burglary 98 104 Commercial Burglary 62 120 Auto Burglary 98 119 C+ 121 122 Robbery 100 105 larceny 123 124 2. There is currently no singular major police problem associated with this reporting district. Crimes that can reasonably be expected to increase with this multi -faceted development would be larceny, crimes against persons, auto thefts, auto burglaries, and commercial burglaries. These increases will require additional police and equipment to properly patrol and respond to the needs of the citizens and business owners. 75D-383 i Ms. D. Starnes May 18, 1981 Page 2. 1 3. The City of Santa Ana has a Building Security Ordinance that effects all new construction, but consideration ( should be given to the development of an internal security force for the regional shopping center that you are pro- posing. Such a security force would be available to respond i rapidly to individual business and customer needs and their mere presence would have a deterrent effect on crime. The overall effects of this development on police services are difficult to measure and are dependent on the final plan that is selected. The police department is available and ready to assist in this project to insure that security needs are met. L Should you have` any questions regarding this matter, please feel free to contact Officer R. Helton in our Crime Prevention Unit at 834-4169. Sincerely, RAYMOND C. DAVIS __Chief of Police Robe I. � tebbins a tain ..- Administration Division RCD:RHS:Rii:img cc: file L L I 75D-384 75D-385 ADDENDUM (ER 96-033) TO THE ENVIRONMENTAL IMPACT REPORT FOR PROPOSED MAINPLACE/SANTA ANA EXPANSION Prepared, for: City of Santa Ana Submitted by: Jones & Stokes Associates, Inc. April 4, 1996 75D-386 ADDENDUM (ER 96-033) TO THE ENVIRONMENTAL IMPACT REPORT FOR PROPOSED MAINPLACE/SANTA ANA EXPANSION Prepared for: City of Santa Ana Planning and Building Agency 206 W. Fourth Street Santa Ana, CA 92702 Submitted by. - Jones & Stokes Associates, Inc. 2151 Michelson Drive, Suite 136 Irvine, CA 92715-1312 Contact: John Westerrtteier 714/260-1080 April 4, 1996 75D-387 1 Table of Contents SUMMARY....................................................... ....1 INTRODUCTION.......................................................2 EXISTING AREA DESCRIPTION.........................................2 PROPOSED EXPANSION ................................................ 3 CEQA COMPLIANCE .............................. . .................. 4 ANALYSIS............................................................5 LandUse........................................................5 Soils and Geology.................................................5 Hydrology.......................................................5 Biota............................................................6 Archaeology......................................................6 Traffic and Circulation .............................................. 6 Existing Roadway System ..................................... 6 Existing Intersection Analyses ................................. 7 Existing Pius Entitled Project Conditions ......................... 8 Impacts...................................................10 Noise..........................................................16 Environmental Setting.......................................16 Impacts........................ ................. .....17 Air Quality......................................................18 Environmental Setting ....................................... 18 Impacts...................................................19 Shade/Shadow, Solar Glare, Illumination .............................. 20 Aesthetics.......................................................23 Housing/Population...............................................23 JohnWayne Airport...............................................24 Public Services and Utilities ........................................ 24 Energy Conservation..............................................24 PERSONAL COMMUNICATIONS ........................................ 25 LIST OF PREPARERS .................................................. 25 BIBLIOGRAPHY......................................................26 i 75D-388 LIST OF TABLES AND FIGURES Tables Table 1. Existing Conditions Intersection Capacity Analyses ................. 9 Table 2. Entitled Projects Trip Generation .............................. I 1 Table 3. Existing Plus Entitled Projects Conditions Intersection Capacity Analyses..........................................12 Table 4. Project Trip Generation ...................................... 13 Table 5. Existing Plus Entitled Plus Project Conditions Intersection Capacity Analyses..........................................14 Table 6. Maximum Pollutant Emissions Generated During Construction of Proposed Main Place Modifications .......................... 21 Table 7. Operation -Related Emissions for the Proposed Main Place Modifications ..................... ......................22 Figures Figure 1. Site Plan ....................................... Follows Page 2 Figure 2. Main Street at Town & Country Recommended Cumulative Mitigation ........................... Follows Page 15 ii 75D-389 Addendum to the EIR for MainPlace/Santa Ana SUMMARY This document was prepared for the City of Santa Ana and is an Addendum to a .Environmental Impact Report (EIR) which addresses the potential impacts associated with the proposed expansion of the MainPlace Regional Shopping Center. MainPlace was previously known as the Fashion Square Commercial Center. The Fashion Square Commercial Center EIR, certified :in 1983 by the City of Santa Ana, analyzed the impacts of a development consisting of 1.5 million square feet of leasable office space, 1.6 million square feet of gross leasable retail space and a 1,200 hotel guest rooms. The existing MainPlace Regional Shopping Center consists of approximately 1.1 million square feet of leasable retail space. The proposed expansion consists of the following: ■ Removal of an existing Bank of America modular banking facility and construction of an Automated. Teller Machine (ATM) drive -through facility. ■ Construction of a restaurant (8,000 square -feet) and an approximately 70,000 square -foot cinema. ■ Expansion of an existing department store (69,000 square feet) and a two level parking deck. The overall expansion is approximately 150,000 square feet bringing the total area of the shopping center to approximately 1.25 million square feet. An analysis was conducted of the issues addressed in the Final Fashion Square Commercial Center EIR (Fashion Square EIR) as well as a review of other potential environmental issues. This review concluded that impacts identified in the Fashion Square EIR were much greater that the impacts associated with the existing facility plus the proposed expansion. Therefore, no new significant effects or an increased severity of previously identified impacts were identified. Additionally, no new information of substantial importance which was not previously known at the time of the Fashion Square EIR were identified. Addendum EI far Matn place/Santa Ana RR96 3) Aprt! 4, l996 page / la project No. 96.066 75D-390 INTRODUCTION This Addendum to the Final EIR for the Fashion Square Commercial Center (now known as MainPlace) has been prepared for proposed modifications of 147,000 square feet to three areas of the existing MainPlace Regional Shopping Center, located in the City of Santa Ana, on a site surrounded by the Santa Ana Freeway (I.5), the Garden Grove Freeway (SR-22), and North Main Street. This addendum has been prepared in accordance with the California Environmental Quality Act (CEQA) based on a previously certified EIR, The Final EIR for the City of Santa Ana Redevelopment Project: Fashion Square Commercial Center (Fashion Square EIR) prepared September 1983, and certified in 1983. The Fashion Square Center has subsequently been renamed MainPlace and is regarded as a regional shopping center. The Final Fashion Square EIR proposed the rehabilitation and redevelopment of the site as a mixed use commercial complex consisting of an ultimate intensity of 1,500,000 square feet of leasable office space, 1,600,000 square feet of gross leasable retail space, and 1,200 hotel guest rooms totaling 979,200 square feet. The project required the demolition of the then existing Main Street Center (163,403 square feet of leasable area) and the construction of new retail and/or office buildings in its place. The then existing Fashion Square Center comprised 521,725 square feet of leasable area which was incorporated into the renovation of the current MainPlace Regional Shopping Center. EXISTING AREA DESCRIPTION MainPlace is a regional shopping center located in the City of Santa Ana which serves all of central Orange County. There is currently 1,108,080 square feet of retail floor area in the center, including four anchor stores (Bullocks, Nordstrom, and two Robinson's-May). The property has three parking facilities, two of which are located in the northwest comer of the site adjacent to the I-5/SR-22/SR-57 interchange, and one between Main Street and Nordstrom. The Layout is shown in Figure 1. The remainder of the property is surface parking. The total available existing parking spaces is 4,987 spaces. The surrounding land uses include the Garden Grove Freeway (SR 22) on the north; the Santa Ana Freeway (I-5) on the west; commercial uses including the Fidelity Federal Tower and other office buildings to the south; and, Polly's Pies, vacant land slated for the Main Street Concourse, and the Town & Country Shopping Center located in the City of Orange to the east. Of note is that the existing square footage of 1,108,080 square feet is approximately 27 percent of the 4,079,200 square feet which was proposed and analyzed in the Fashion Square EIR. Atiendarn T m—for Main Piacelsanta Ana (GR96•63) April 4. Page a ® j 96 Project No. 96,066 75D-391 I gl r 11 75D-392 PROPOSED EXPANSION The proposed expansion involves site plan revisions and expansions in three areas of the project site. The expansions total an additional 147,000 square feet and are designated as areas 1, 2, and 3, shown on Figure 1. A description of each of these area expansions follows: Area 1: Removal of the existing Bank of America modular banking facility from the surface parking lot bordered by Main Street and SR-22 Freeway. This is located on the northeast corner of the MainPlace site. The area of the removed facility will be resurfaced to provide parking spaces. Drive through automated teller machines (ATMs) will be constructed in the corner of the site adjacent to Bedford Drive and the SR-22 Freeway which is slightly northeast of the existing modular banking facility. ■ Area 2: Construction of an on -grade restaurant containing approximately 8,000 square feet of floor area on the west side of MainPlace in the area of the former Rogers Gardens outdoor area. This location has exposure to MainPlace Drive and the 1-5 Freeway. Part of the restaurant will be located below a new two -level cinema of approximately 70,000 square feet that will provide for a 3,000 seating capacity. The first level of the new cinema will be located at the same elevation of the second level of the existing mall including the existing food court and existing cinema. This level will maintain its current fire department access and vehicular circulation with only minor modifications. ■ Area 3: A three -level expansion of the existing Robinson's-May Store #1 located on the south end of MainPlace. The expansion will be brought eastward of the existing store toward Main Street and add approximately 69,000 square feet of initial planned floor area to the existing store. Modification to the existing grade -level parking area located on the east side of Robinson's-May, adjacent to Main Street, and south of the existing parking deck will also be constructed. This expansion will be a two -level parking deck and will accommodate 416 parking spaces. Pedestrian access from the second level of the anchor expansion to the parking facility will be provided along with a pedestrian and vehicular connection from the existing deck to the new parking facility. City parking standards for the proposed expansion would require an additional 1,425 spaces. However, these are development standards for strip mall development. No standards are in place for a regional shopping center. The City is considering granting a variance for the parking requirement. Parking that is planned for the proposed expansion will include an additional 182 spaces over the existing 4,987 spaces which will bring total parking to 5,169 spaces, and total required code parking to 6,412 spaces. The variance, if granted, will provide relief for 1,243 spaces. Addendum 61 for Math 77acelSanta Ana (GR96.033) I April Q, 1996 Page 3 Project No. 96.066 75D-393 The City is also considering granting variances for setback and landscaping for the expansions. The required setback is 15-feet and the proposed parking stricture would be constructed within the 15-foot setback. The variance would allow for the expansions without having to bring the entire 53 acres into compliance. The variance for landscaping would allow for various plant groupings and clusters instead of the code required 1 planter for each 10 parking spaces throughout all surface parking areas. CEQA COMPLIANCE An addendum EIR (14 Cal Code Reg 15164) is prepared under the CEQA when changes and additions to a previously certified MR are necessary, but none of the conditions pursuant to a subsequent EIR (14 Cal Code of Reg Section 15162) occur as follows: ■ where major revisions of the previous EIR result in substantial changes due to the involvement of new significant environmental effects or an increased severity of previously identified significant effects; ■ where substantial changes occur with respect to the circumstances under which the project is undertaken which require major revisions of the previous EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or ■ new information of substantial importance which was not previously known at the time the previous EIR was certified. The proposed expansion would not require major revisions of the Fashion Square EIR because no new significant environmental effects or increased severity of previously identified environmental effects would occur. No substantial changes in the circumstances related to this expansion have been identified. Therefore, no major revisions to the previous EIR are necessary. Since the certification of the Fashion Square EIR, no new information of substantial importance has been identified. Eased on these findings, the City of Santa Ana, lead agency, has determined that a subsequent EIR is not required. Addendum ElRfor Main Place/Santa Ana(ER96.033) A7117, 7 99 Page 4 IN Project No. 96.066 75D-394 ANALYSIS The impact analysis follows the same order of discipline headings that were presented in the Fashion Square EIR. Land Use The proposed additions are within the approved square footage for the existing retail shopping complex. The addition is consistent with the current land use. No land use impacts would result. To comply with City standards for parking, the proposed expanded shopping center would require 6,412 spaces. However, only 5,169 spaces are being provided, and the City would need to grant a variance for the difference in parking. This is based on the City requirements for strip mall developments, which are considerably different fiom a regional shopping mall. In conversation with the City of Santa Ana Case Planner, Jeffrey Race (pers. comm.,.March 22, 1996), some parking crowding may occur during the Christmas holiday season. No other parking crowding is anticipated and the impact is not considered significant. As part of the project, the City is considering a variance on the setback distance for the new parking structure. If allowed, no significant impacts would result from implementation of this setback. Soils and Geology The Fashion Square EIR identified no soils and geology constraints or problems with the then proposed development. The current proposed expansion will not result in any adverse soils or geology impacts. No impacts or additional mitigation over that which is included in the Final Fashion Square EIR is required. Terms of the participation agreements already in place for responsibilities regarding soils and seismic reports shall remain in force. Hydrology Because the site is already paved, the incorporation of new structures and parking areas, will not result in increased amounts of runoff. Consistent with the determination of the Fashion Square EIR, existing drainage facilities should be adequate to serve the site modifications. Improvements Addendum rIR7or Main Placef.SantaAna (R96A9) MAprit 4. I996 Page 5 LUZA Project No. 96.066 75D-395 will be pursuant to the City's standard building permit approval process. The impacts or additional mitigation over that which is included in the Final Fashion Square EIR is required. Biota The site is entirely developed and vegetation is comprised of introduced ornamental trees, shrubs and grasses. Consistent with the Fashion Square EIR, there is no native vegetation. No impacts will occur from the proposed expansion. The City will require decorative landscaping as part of the final plan approval process. A variance for landscaping that would allow for plant groupings and clusters, rather than the required one planter for each 10 parking spaces is being considered. , Archaeology The Fashion Square EIR refers to a records search that was completed for that EIR. No sites were recorded on the site. Because the site is entirely paved and developed, it is not anticipated that archaeological sites are present under the areas of the proposed expansion modifications. No impacts are expected. Traffic and Circulation Existing Roadway System EremLus The area is served directly by three freeways, the Santa Ana (1-5), the Garden Grove (SR-22) and the Orange (SR-57), and indirectly by a fourth, the Costa Mesa (SR-55). The I-5 Freeway has been undergoing major improvements over the last several years which has included widening of the freeway mainline to add two additional lanes in each direction and high occupancy vehicle (HOV) lanes, and accompanying improvements to the ramp system. In particular, improvements to the 1-5 ramps at 17th Street, Buffalo Street and Santa Clara Avenue were completed in mid• 1995, Ramp improvements, including HOV access ramps, are ongoing at Edgewood Road and improvements to the I-5/SR-22 interchange were completed in late 1995. These improvements have resulted in improved traffic flow along the 1.5 Freeway and between the I-5 and the Garden Grove Freeways, particularly during peak traffic periods. However, some slowing continues to occur in the vicinity of the I.5/SR-22 interchange on both the 1-5 Freeway and the SR-22 Freeway during peak traffic hours. Addendum ElRfor Main Place/Santa Ana (E)?96.033) April 4,1996 Page 6 go Projece No. 96.066 75D-396 The following arterials surround and provide access to/from MainPlace Mall: Main Street: This six -lane roadway provides direct access to/from the site at the signalized intersections of Main Street and Town & Country, and Main Street at MainPlace Access Drive. In the vicinity of MainPlace Mall, Main Street has three lanes in each direction with turning lanes at intersections and a median. Memory Lane: Extending east of Main Street, south of MainPlace Mall, Memory Lane is a six -lane arterial. It intersects Lawson Way, providing access to SR-22. Memory Lane is anticipated to provide primary access, along with Main Street, to the planned Main Street Concourse mixed -use development. MainPlace Drive: MainPlace Drive is a four -lane loop road surrounding the mall. It intersects Main Street at the signalized intersections at Memory Lane and at Town & Country. MainPlace Drive carries predominantly mall -oriented traffic, and as such, carries low levels of traffic compared to its potential capacity. Town & County Road: This four -lane roadway extends east of Main Street at the north end of the project site. Town & Country Road has an interchange with eastbound Route 22 at a four-way stop controlled intersection. Existing Intersection Analyses The following intersections were analyzed as part of the original traffic study for the Fashion Square EIR: Main Street at: Chapman Avenue Almond Avenue Culver/Stewart La Veta Avenue Town & Country Road Edgewood Road Santa Clara Avenue Buffalo Avenue 1 ith Street at: Spurgeon Street Penn Way Valencia Avenue Santiago Avenue Lincoln Avenue Addendum FIR -for Alain Place Santa Ana (EW.033) April4,1996 Page 7 W Project No. 96-066 75D-397 Grand Avenue Grand Avenue/Glassell Street: Santa Clara Avenue WB Garden Grove Freeway Ramps EB Garden Grove Freeway Ramps La Veta Avenue La Veta Avenue at: Pepper Street WB Garden Grove Freeway Ramps Town & Country Road at: EB Garden Grove Freeway Ramps. With the implementation of the 1-5 widening, Valencia Avenue no longer intersects 17th Street, therefore this intersection has been eliminated from the current analysis. Three additional intersections have been added as part of this analysis: Main Street at Memory Lane Main Street at MahiPlace Access Drive MainPlace Drive at Broadway. Intersection capacity analyses were conducted for each of the 23 study intersections to determine present operating conditions and level of service. Using existing geometrics and traffic volumes for the AM and PM peak hours, the Intersection Capacity Utilization methodology for intersection analyses was conducted. Table 1 presents volume -to -capacity (V/C) ratios and levels of service (LOS) for each of the study intersections. As shown in Table 1, all study intersections are operating at an acceptable LOS D and better under existing AM peak hour conditions. During the PM peak hour existing conditions, the intersections of La Veta Avenue at SR-22 westbound ramps, and Grand/Glassell at SR-22 westbound ramps are operating at an unacceptable LOS E and F. Existing Plus Entitled Project Conditions "Entitled" projects are those projects which have already been approved for development but have not yet been completed and are therefore not yet generating traffic. By estimating the traffic volumes which would be generated by entitled projects and adding that traffic to the surrounding roadway system and study intersections, a more realistic background condition is created, reflecting how the roadway system will function when carrying all traffic likely to be on the roadways when the proposed development is completed, Addendum BIRfor Main Place/Santa Ana (6R96•033) April 4, 1996 Page 8 Ku Project No. 96-066 75D-398 Table 1 Existing Conditions Intersection Capacity Analyses ExistingConditions Date PM Peak Mour Intersection V/C LOS Counted Main Street at: Chapman Avenue 0.85 D 05/93 Almond Avenue 0.59 A 08/95 Culver/Stewart 0.71 C 11/95 La Veta Avenue 0.83 D 09/95 Town & Country Road 0.67 B 09/95 Memory Lane 0.52 A 09193 Edgewood Road 0.49 A 09/95 Santa Clara Avenue 0.61 B 09/95 Buffalo Avenue 0.50 A 09195 17th Street 0.76 C 03/93 Broadway at: Main Place Drive 0.39 A 03/93 17th Street at: Spurgeon Street 0.56 A 03193 Penn Way 0.74 C 03/93 Santiago Avenue 0.60 A 09191 Lincoln Avenue 0.78 C 10/91 Grand Avenue 0.74 C 03/95 Grand Avenue/Glassell Street: Santa Clara Avenue 0.68 B 06/91 WB SR-22 Fwy Ramps 1.07 F 02194 EB SR-22 Fwy Ramps 0.67 B 02/94 La Veta Avenue 0.68 B 02/94 La Veta Avenue at: Pepper Street 0.87 D 11/95 WB SR-22 Fwy Ramps 0.94 E 09/95 Town & Country Road at: EB SR-22 Fwy Ramps 0.04 B 09/95 Source: Korve Engineering, Inc., March, 1996. AddendnmVIRJorMafn Place&antaAna (ER 6.033)Kam April 4,1996 Page 9 Uas Project Na 96.066 75D-399 The most significant entitled project in the vicinity of MainPlace is Main Street Concourse. Table 2 shows the land uses to be developed as part of Main Street Concourse and their estimated trip generation. Table 3 presents the V/C ratios and LOS of the 3 study intersections under existing plus entitled projects conditions. Review of Table 3 shows that 2 additional intersections are projected to operate at unacceptable levels of service E or worse during the PM peak hour with the addition of traffic attributable to the entitled projects, for a total of 4 study intersections operating at LOS E or worse. These intersections are: Main Street at Chapman Avenue Main Street at La Veta Avenue La Veta Avenue at SR 22 WB Ramps Grand/Glassell at SR 22 WB Ramps Impacts Project Trip Generation Trip generation estimates were prepared for the proposed MainPlace modifications using the Institute of Transportation Engineers' Trip Generation, Fifth Edition. Table 4 shows the estimates of project trips for daily, AM peak hour and PM peak hour conditions. The proposed expansion is projected to generate approximately 1,235 trips during the PM peak hour. Project Trip Distribution and Assignment Project trips were distributed and assigned to the local area and regional street system based on trip distribution patterns derived from the original traffic study for the Fashion Square EIR and on the Transportation System Improvement Area Model. This traffic forecasting model was developed by Austin -Foust Associates to evaluate the potential traffic related impacts of proposed developments within the Main Street Corridor, of which MainPlace was one. Intersection Capacity Analysis Project traffic has been added to the existing plus entitled project traffic volumes, and the 23 study intersections have been analyzed. Table 5 presents the V/C ratios and LOS of the 23 study intersections including existing, entitled projects and proposed expansion traffic. Review of Table 5 shows that, with the addition of project traffic, no additional intersections are projected to operate at unacceptable levels. The following four intersections which were projected to operate at LOS E or worse during the PM peak hours with the addition of entitled project traffic would continue to operate at unacceptable levels with the addition of proposed project traffic. They are: Addendum 6lRjorAtainFace/SantaAna (GR96A33) ® ApW4,1996 Page !0 Project No. 96.066 75D-400 Table 2 1 Entitled Projects Trip Generation I I I Daily Trips PM Peak Hour Trips In Out Main Street Concourse: Office 931,075 sq. ft. 8,698 224 1,183 Retail 224,960 sq. ft. 15,867 625 687 Restaurant 9,200 sq. ft 1,848 97 86 Hotel 360 rooms 3,045 126 105 Cinema 27,400 sq. ft. 2,131 33 135 Health Club 29,000 sq. ft. 1,371 82 82 Residential 280 d.u.s. 1,278 74 42 TOTAL 34,236 1,261 2,320 Source: Traffic Study for Main Street Concourse, CKS Associates Addendum ElRjar Main Place&5 nta Ana (ER96.033) � Aprlf 4, 1996 Page 11 Project No. 96.066 75D-401 Table 3 Existing Plus Entitled Projects Conditions Intersection Capacity Analyses Existing Conditions Existing + Entitled Conditions PMPeak Hour PM Peak Hour Intersection Vic LOS V/C LCS Main Street at: Chapman Avenue 0.85 D 0.93 E* Almond Avenue 0.69 A 0.64 B Culver/Stewart 0.71 C 0.75 C La Vets Avenue 0.83 D 0.92 E* Town & Country Road 0.67 B 0.81 D Main Place Parking 0.51 A 0.87 D Memory Lane 0.52 A 0.84 D Edgewood Road 0.49 A 0.72 C Santa Clara Avenue 0.61 B 0.72 C Buffalo Avenue 0.50 A 0.67 A 17th Street 0.76 C 0.84 D Broadway at: Main Place Drive 0.39 A 0.45 A 17th Street at: Spurgeon Street 0.56 A 0.56 A Penn Way 0.74 C 0.75 C Santiago Avenue 0.60 A 0.62 B Lincoln Avenue 0.78 C 0.79 C Grand Avenue 0.74 C 0.75 C Grand Avenue/Glassell Street: Santa Clara Avenue 0.68 B 0.68 B WB SR-22 Fwy Ramps 1.07 F 1.07 F* EB SR-22 Fwy Ramps 0.67 B 0.67 B La Veta Avenue 0.68 B 0.76 C Le vets Avenue at: Pepper Street 0.87 D 0.88 D WB SR-22 Fwy Ramps 0.94 E 1.23 F* Town & Country Road at: EB SR-22 Fwy Ramps 0.64 B 0.83 D Source: Korve Engineering, Inc., March, 1996. Addendum EIRjor Main Place/Santa Ana(RR96.033) in Aprl 4, 1996 Page 11 Project No. 96.066 75D-402 Table 4 Project Trip Generation PM Peak Hour Daily Rate In Out Proposed Uses Units Rate Retail 69,000 sq. ft. 73.56 3.09 3.09 Restaurant 8,000 sq, ft. 200.89 10.56 9.37 Cinema 70,000 sq, ft. 77.79 6.77 0.37 Drive-Thru ATM 4 stations 26.29 28.48 Source: Institute of Transportation Engineering, Trip Generation, 5th Ed. PM Peak Hour Daily Trips in Out Proposed Uses Units Trips Retail 69,000 sq. ft. 5,076 214 214 Restaurant 8,000 sq. ft. 1,607 84 75 Cinema 70,000 sq. ft. 5,446 404 26 Drive-Thru ATM 4 stations 105 114 TOTAL 12,1281 8071 428 Source: Korve Engineering, Inc„ March, 1996. Addendum &Rfor a/n Place/Santa Ana (ER96433) � April 4. 19 6 Page 13 Project No. 96466 75D-403 Table 6 Existing Plus Entitled Plus Project Conditions Intersection Capacity Analyses Existing Condition Existing + Existing + Entitled + Entitled Conditions Project Conditions PM Peak Hour PM Peak Hour PM Peak Hour Intersection V/C L05 V/C L08 !C LOS Main Street at: Chapman Avenue 0.85 D 0.93 E* 0.95 E* Almond Avenue 0.69 A 0,64 B 0.66 B Culver/Stewart 0.71 C 0.75 C 0.76 C La Vets Avenue 0.83 D 0.92 E* 0.94 E* Town & Country Road 0.67 B 0.81 D 0.83 D Main Place Parking 0.51 A 0.87 D 0.90 D Memory Lane 0,52 A 0.84 D 0.87 D Edgewood Road 0.49 A 0.72 C 0.74 C Santa Clara Avenue 0.61 B 0.72 C 0.74 C Buffalo Avenue 0.50 A 0.57 A 0.69 A 17th Street 0.76 C 0.84 D 0.85 D Broadway at: Main Place Drive 0.39 A 0.45 A 0.53 A 17th Street at: Spurgeon Street 0.66 A 0.56 A 0.56 A Penn Way 0,74 C 0.75 C 0.75 G Santiago Avenue 0.60 A 0.62 B 0.62 B Lincoln Avenue 0.78 C 0.79 C 0.79 C Grand Avenue 0.74 C 0.75 C 0,76 C Grand AvenueiGlassell Street: Santa Clara Avenue 0.68 B 0.68 B 0.68 B WB SR-22 Fwy Ramps 1.07 F* 1.07 F* 1.07 F* ES SR-22 Fwy Ramps 0.67 B 0.67 B 0.67 B La Vets Avenue 0.68 B 0.76 C 0.76 C La Vets Avenue at: Pepper Street 0.87 D 0.88 D 0.90 D WB SR-22 Fwy Ramps 0.94 E* 1.23 F* 1.23 F* Town & Country Road at: EB SR-22 LU Ramps 0.64 B 0.83 D 0.85 D Source: Korve Engineering, Inc., March, 1996. Addendum E7R far Main /'lace/Santa Ana (ER96-033) April4, 1996 Page 14 � Project No. 96.066 75D-404 Main Street at Chapman Avenue Main Street at La Veta Avenue La Veta at SR-22 WB Ramps Glassell Avenue at SR-22 EB Ramps The capacity values used in this analysis were consistent with those used in the 1983 Traffic Study for Fashion Square, which were 1500 vehicles per lane per hour for left turn lanes and 1600 vehicles per lane per hour for through and right turn lanes. Recently, both the City of Orange and the City of Santa Ana have assumed 1700 vehicles per lane per hour for all lanes. The increase in assumed capacity was based on current traffic flow characteristics within these cities. Assuming the revised capacity values, only two intersections would be projected to operate at unacceptable levels: La Veta at SR-22 WB Ramps Glassell Avenue at SR-22 EB Ramps Eight traffic -related mitigation measures were identified in the Fashion Square EIR. Most of these mitigation measures have been implemented during the initial phases of development of MainPlace with the following exception: "Provide funding for the construction of a pair of new freeway ramps on the west side of Fashion Square linking the Santa Ana Freeway with a public road surrounding the project." The direct rumps to/from the I-5 Freeway have not been implemented on a permanent basis although they have been used for temporary freeway access during the 1.5 widening. There may be some reconsideration of this mitigation measure, based on current Caltrans policy regarding dedicated ramps to private development. Also, there may be an opportunity to augment ramp capacity in a way which would provide greater area -wide benefit. In addition, significant improvements to the circulation system have been implemented as part of the I-5 widening project and the planned Main Street Concourse project. These include: ■ Completion of the Broadway overcrossing and reconfiguration of the I-5 fteeway ramps, providing more direct access to Broadway and MainPlace. ■ Widening of Owens Drive (now called Memory Lane) east of Main Street and reconfiguration of the intersection of Owens Drive at Main Street. ■ Enhancements to the intersection of Main Street at MainPlace Access Drive. ■ Improvements to intersection of Main Street at MainPlace Drive/Town & Country Road (see Figure 2). Adderc d unt E/R far Main Place Santa Ana (ER96-033) Apr!/ 4, 1996 Page is � Project No. 96-066 75D-405 f 134 N CZ Q a tL } Ow r02 tt� U U 00 W O ZW Qg O 4W ui w 0 M z 75D-406 ■ Improvements along La Veta Avenue, including the intersection of Main Street at La Veta Avenue and La Veta Avenue at Pepper Street. These improvements in combination with the mitigation measures originally identified for the Fashion Square EIR, which have already been implemented, will provide adequate roadway capacity to accommodate estimated traffic to be generated by the proposed expansion. The proposed expansion modifications are not estimated to result in any additional significant impacts compared to those identified in the Traffic Study for Fashion Square EIR. The measures identified to mitigate the anticipated impacts of the Fashion Square Commercial Center served to mitigate a much larger project than the proposed expansion and that which exists as MainPlace. The measures are more than adequate to mitigate the estimated impacts of the proposed MainPlace expansion. Noise Environmental Setting As discussed in the Fashion Square EIR, vehicle traffic is the primary source of noise in the project area. Major roadways previously described in that EIR continue to be the primary sources of traffic noise in the area. The extension of Broadway Street over the Santa Ana freeway which provides an additional link for traffic between the project site and the west side of the Santa Alfa freeway has been completed. A noise barrier along the west side of Broadway Street between the freeway and Santa Clara Avenue has been completed. The Fashion Square EIR reports the results of sound level measurements that were taken in the residential area which is located near Memory Lane (formerly Owens Drive) and Main Street. Measurements were taken during the peak afternoon traffic period at the three locations depicted in Figure 28 of the Fashion Square EIR. 12-minute average sound levels were 64 dBA, 57 dBA, and 52 dBA respectively at Positions 1, 2, and 3. Sound levels reported in the Fashion Square EIR have likely increased in the time since those measurements were taken. Noise from traffic is proportional to the volume of traffic. A rule of thumb is that a doubling of the traffic volume is needed to increase traffic noise by 3 dB, and a tripling of traffic volume would be needed for a 5 dB increase in noise, generally considered to be the threshold of a distinctly perceptible increase in noise. Since the time the Fashion Square EIR was prepared, the amount of retail space at the center has increased from approximately 522,000 square feet to 1,100,000 square feet or a factor of about 2:1. This corresponds to about a 3 dB increase in traffic noise for the immediate area and access to MainPlace parking. Accordingly, existing peak period sound levels are estimated to be 67 dBA, 60 dBA, and 55 dBA respectively at the three positions where measurements were previously taken. A 3 dB increase in traffic noise implies that the contours depicted in Figure 28 in the EIR would expand to a distance of about 1.5 times the distances to the associated roadways shown in Figure 28. Addendum E1Rfor Matn Place/Santa Ana (F.R96-033) M Project 1996 Page 16 ect No. 96-066 75D-407 In urban settings, peak period average sound levels are generally within 1 to 2 dB of Community Noise Equivalent Level (CNEL) and Day -Night Noise Level (DNL) values. The CNEL descriptor requires that an artificial increment of 5 dBA be added to the actual noise level for the hours from 7:00 to 10:00 p.m. and 10 dBA for the hours from 10:00 p.m. to 7:00 a.m. Tile DNL descriptor uses the same methodology except that there is no artificial increment added to the hours between 7:00 and 10:00 p.m. Both descriptors give roughly the same 24-hour level with the CNEL being only slightly higher. For the purposes of this discussion, peak period sound levels are considered to be equivalent to DNL values. The City of Santa Ana General Plan Noise Element identifies the following standards and guidelines for land uses: Residential, low density Residential, medium density Residential, high density Schools Commercial, office Industrial Desirable Maximum CNEL or DNL 55 60 65 60 65 70 Maximum Acceptable CNEL or DNL 65 65 70 70 75 75 Using these guidelines, existing sound levels are considered to be generally consistent with the land uses in the area. Impacts As with the project proposed in the Fashion Square EIR, the proposed expansion modification will generate additional noise in the local area due to demolition of existing on -site structures, construction activities, construction traffic, and project -generated traffic. No pile driving activities will be associated with construction (pers. communication, Ron Brunswig, April 1, 1996). Because the City of Santa Ana noise ordinance (No. NS-1441) limits noise from construction that occurs outside daytime hours and because there are no noise sensitive land uses in the immediate vicinity of the project, construction noise impacts are considered less than significant and no mitigation is required. The Fashion Square EIR identified increases in traffic noise in the range of 3 to 5 dB along Memory Lane (then Owens Drive) within a couple hundred feet of Main Street as a result of the project. These increases corresponded to increasing the uses in the area from about 522,000 square feet of retail space to a total of 1,500,000 square feet of office space, 1,600,000 square feet of retail space, and 1,200 hotel guest rooms. The current project would add 8,000 square feet of restaurant space, a 70,000 square foot cinema, and 69,000 square feet of retail space for a total of 147,000 square feet. Increasing the existing retail floor area of 1,108,000 square feet by 147,000 square feet AMend= EIR for Ma1n Place/Santa Ana (ER06.033) April 4, 1 96 Page 17 10 Project( No. 96.066 75D-408 is estimated to increase existing traffic noise levels in the area by less than 1 dB. Because a 1 dB increase is well below the 3 dB threshold of a perceptible increase, the impact of the project -related traffic noise in the area is considered less than significant and no mitigation is required. Air Quality Environmental Setting Air Quality Standards and Monitoring Data Carbon monoxide (CO) levels are a public health concern when CO combines with hemoglobin and can reduce the rate at which oxygen is transported in the blood stream. Both the cardiovascular system and the central nervous system can be affected. State and federal ambient air quality standards for CO have been set at levels intended to keep CO from combining with more than 15% of the blood's hemoglobin. State and federal CO standards have been set for both 1-hour and 8-hour averaging times. The state 1-hour CO standard is 20 ppm, and the federal 1-hour CO standard is 35 ppm. State and federal standards are both 9 ppm for an 8-hour averaging period. State CO standards are phrased as values not to be exceeded. Federal CO standards are established as values not to be exceeded more than once per year. Both the state and federal 8-hour CO standards, as well as the state 1-hour CO standard, have been violated several times during the last four years in the project region (ARB 1994, 1993, 1992, 1991). Ozone is a public health concern because it is a respiratory irritant that also increases susceptibility to respiratory infections. Ozone causes substantial damage to leaf tissues of crops and natural vegetation, and damages many materials by acting as a chemical oxidizing agent. Ozone is formed by the combination of reactive organic gases (ROG) and oxides of nitrogen (NOx) in the presence of sunlight. State and federal standards for ozone have been set for a 1-hour averaging time. The state 1-hour ozone standard is 0.09 parts per million (ppm), not to be exceeded at any time. The federal 1-hour ozone standard is 0.12 ppm, not to be exceeded more than three times in any 3-year period. Both the state and federal ozone standards have been violated several times during the last four years in the project region (ARB 1994, 1993, 1992, 1991). Health concerns associated with suspended particles focus on those particles small enough to reach the lungs when inhaled because they can lodge in the lungs and contribute to respiratory problems, including permanent lung damage. Fine particles can also interfere with the body's mechanism for clearing the respiratory tract or by acting as a carrier of an absorbed toxic substance. Few particles larger than 10 microns in diameter reach the lungs, so particulate matter smaller than 10 microns in diameter (PM10) is the focus of the state and federal standards. State and federal PM10 standards have been set for 24-hour and annual averaging times. 'The state 24-hour PM10 standard equals 50 micrograms per cubic meter (µg/m') and the federal 24-hour standard is 150 µg/m'. The state annual PM10 standard is 30 µg/m , an annual geometric mean, whereas the federal annual PM10 standard is 50 µg/m', an annual arithmetic mean. Federal and state 24-hour PM10 Page 18 Projea No. 96.066 75D-409 standards may not be exceeded more than I day per year, and both annual standards may not be exceeded at all. Both the annual and 24-hour state PMI O standards have been violated several times during the last four years in the project region (ARB 1994, 1993, 1992, 1991). Attainment Status and Air Quality Planning The project region, located in the Orange County portion of the South Coast Air Basin (SCAB), is classified as a nonattainrnent area for the state and federal CO standards, an extreme nonattaimnent area for the state and federal ozone standards and a nonattainment area for the state and federal PMIO standards (Chico, personal communication, March 26, 1996). The South Coast Air Quality Management District (SCAQMD) is responsible for monitoring air quality and enforcing air quality regulations in the Orange County portion of the SCAB. In 1994, the SCAQMD prepared an air quality attainment plan (AQMP) for the SCAB which included the project region. The ozone portion of this plan forms the ozone SIP for the SCAB. Additionally, the SCAQMD is revising the 1994 AQMP and the revised version is due to ARB in 1997. The PMIO portion of this revised plan, which will later become the PMIO SIP, is due to EPA in February 1997 (Hogo, personal communication, October 27, 1996). Impacts Calculation of Construction Emissions Three sources of construction -related emissions are assessed in this analysis: construction worker vehicles, construction trucks, and construction equipment. Emissions of CO, ROO, NOx, and PMIO generated by construction workers commuting to the project site were estimated by multiplying the maximum number of construction worker trips expected to be made per day times the average trip length and an emission rate for each pollutant. Emission rates were generated using EMFAC7F, release 1.1, a program created by ARB to estimate vehicle emission rates. The maximum number of trips expected to be made during any day of construction was used to ensure that this would be a worst -case analysis. Construction truck emissions were calculated similarly. Exhaust emissions generated by the operation of construction equipment were estimated by multiplying the maximum number of hours of operation of each type of equipment expected to be used on the busiest day of construction by an emission rate for each pollutant. Emission rates for the various types of construction equipment were taken from the document "Compilation of Air Pollutant Emission Factors" (EPA 1985). This document contains emission rates for a broad range of pollutant -producing equipment and activities. The maximum number of pieces of equipment and maximum number of hours of equipment operation expected to occur during project construction was used to ensure that this would be a worst -case analysis. Addendum E1Rfor Maln P acel&nta Ana (ER96.033) - _ - Apri14. 1996 Page 19 Project No. 96.066 75D-410 Dust emissions generated by operation of construction equipment in unpaved areas were estimated by multiplying the maximum number of acres of land expected to be disturbed in a single day during the construction period by a fugitive dust emission rate taken from the EPA document described above. Calculation of Vehicular and Stationary Operation Emissions The Fashion Square EIR included estimates of emissions of CO, ROG, NOx, and PM10 generated by motor vehicles traveling to and from the project site, and the on -site use of natural gas. Emissions of CO, ROG, NOx, and PM10 generated by motor vehicles and on -site natural gas use were estimated for the proposed MainPlace modifications by multiplying the emissions estimated in the Fashion Square EIR by a factor equal to the proposed expansion's square footage divided by the square footage analyzed in the Fashion Square EIR. Construction -Related Impacts As shown in Table 6, construction of the proposed MainPlace modifications would result in the emission of approximately 72 pounds per day (ppd) of CO, 8 ppd of ROG, 75 ppd of NOx, and 119 ppd of PM10. These quantities are clearly below the SCAQMD construction emission thresholds of 550 ppd of CO, 75 ppd of ROG, 100 ppd of NOx, and 150 ppd of PM10. Operation -Related Impacts As shown in Table 7, even though emissions for pollutant emissions generated by the proposed MainPlace modifications are above AQMD thresholds, these emissions coupled with the emissions for the existing center would be well below the quantities generated by the project analyzed in the Fashion Square EIR. Shade/Shadow, Solar Glare, Illumination The Fashion Square EIR examined shade/shadow from the assumption that high-rise buildings could be built onsite. This was assumed at the time based on the square footage that was proposed, and the lack of a finite configuration. That analysis examined multi -story building ranging from 8 to 52 stories at various setbacks from area residential neighborhoods. It was determined that no impacts would result. The existing buildings onsite are no higher than three stories and pose no shade/shadow impacts to offsite structures. The proposed expansions of the testaurant/cinema and the Robinson's-May department store addition are also proposed at a maximum of three stories, will blend with the existing structure, and will not result in any adverse impacts to shade/shadow. Addendum ri for Main Plaae/Santa Ana (ER96.033) Aprll4, 1996 Page 20 Project No. 96.066 75D-411 n c0 N O T (14 en m T T vm co E (a a) O O N 4) 4 a) N �c rna.m 4 c 'S gV, a)oq oxm } N < + M( O C (a U N 4) (a qCr g N 'x ..� a) N 'qi 'C..p E .0 E '7 a) C p 8 N �. SC). N @CC rr��,. c(qq G 0.t a) 2 N R7 q N .112.8 p p w G Cq0) co ° N q C � � N � p7 ..to 0� 'v 12 c N U a7 c . '~ 4 N N CU Cq .Y? .C1 2 q N q q q ' O U .�+" N •N t � iii r q Oa C�C al a) N CmC o j�999jjjj' o c e C c •'^ 4 Ny v- q q C N y7 C to T7 Q N 7 N c°19 � 4 8 5 o f m Ir6 gg a Oi Ca m32 a- CO tea)` m S U v r m'o a a CD O AddenduoiEIR or Main Placedan(aAna(E 96.033) April 4, 199 Page 21 in Project Mo. 96.066 75D-412 Table 7 Operation -Related Emissions for the Proposed Main Place Modifications 1983 Project (t) 1996 Baseline (2) 1996 Addendum (2) Total 1996 (3.3 Million so (1.1 million so (160,000) so (1.25 million so emission emission emission emissions AQMD Pollutant Ibs/day) (Ibs/day) (Ibs/day) (Ibs/day) Thresholds CO 11,995 4,028 545 4,673 550 ROG 674 226 31 267 55 NOX 2,489 836 113 941 55 PM10 305 103 14 117 150 Source: (1) Fashion Square EIR (2) Calculations by Jones & Stokes .0 endumTZRforMalnP7Ze ant5Ana(LR96.033) Aprf(4, 1996 Page 22 Project No. 96-066 75D-413 The Fashion Square EIR also examined the use of reflective materials for building surfaces which could have adverse affects to motorists on area streets. The existing structure was designed and constructed with no such reflective surfaces. It is assumed that the proposed expansions will be constructed ul a manner consistent with the existing structures, and no solar glare is anticipated. No impacts will result. The MainPlace site is part of an area that is largely commercial and produces illumination from signage and parking. The Fashion Square EIR determined that no significant impacts to surrounding land uses would result from project illumination. The proposed modifications represent a small percentage of the already existing structures on the site. No differential in illumination will result from the proposed additions. No impacts will result. Aesthetics The proposed modifications represent a small percentage of the structures already in place. The City will require that the new modifications blend with the existing structure. The proposed modifications are similar in height at three stories to the existing structures and will not result in any obtrusive or out -of -scale visual elements. The visual appearance of the proposed modifications will not result in any significant adverse impacts. Housing/Population Based on the projected employment figures that were generated in the Fashion Square EIR, for a commercial/retail establishment, I employee is required for every 500 square feet of space. For the proposed expansion of approximately 147,000 square feet, then, approximately 300 new employees may be required. That would be 138 persons for the expanded Robinson's-May department store, and approximately 160 persons for the cinema complex and restaurant. It can be assumed that less employees per square foot would be required for the cinema complex, however, a greater number are required in restaurant operations. It is typical that most employees will be hired from the local surrounding community, especially with a higher unemployment rate that is currently being experienced in central Orange County. The exception may be higher -level managerial personnel who may commute. The number of new hires will not have an effect on the demand for new housing in the area, and will not create a significant inflow of persons relocating to the area. No significant impacts will result to population or housing demands within Santa Ana or the surrounding communities. Addendum EIR jor drain Plaee/Sanla Ana (E196A 3j APrf/ 4, 1996 Page 23 M Project No. 96.066 75D-414 John Wayne Airport The proposed 147,000 square -foot expansion to MainPlace, and the associated approximately 300 new employees will not result in any increased demand for service from John Wayne Airport. The addition would not create any new hazards to aircraft approaching or departing the airport. No significant impacts will occur. Public Services and Utilities The Fashion Square EIR assumed the development of a total of over 4 million square feet based on 1.5 million for office, 1.6 million for retail, and over 979,000 square feet for hotel uses. The impacts for natural gas, electricity, telephone, water, sewer, solid waste, police, and fire were all based on that number. In consideration that the current actual developed square footage is 1.1 million square feet, and the proposed expansion is 147,000 square feet, the anticipated requirements for public services and utilities were never met. No impacts were identified for natural gas and electricity although energy conservation measures were recommended (see Energy Section below). Water and sewer improvements that were put in place to accommodate the existing MainPlaee structures should be able to accommodate the proposed expansions. The Orange County Sanitation District completed a major sewer upgrade to the project area with entitlements for Main Street concourse. Any additional modification will be the responsibility of the developer. No significant impact is anticipated. It is not expected that the proposed 147,000 square foot expansion will constrain the capability of telephone, solid waste, police and fire services. The conclusions of the Fashion Square EIR regarding on -site security and fire suppression services should remain a requirement for the proposed expansion. Energy Conservation As with the structure that was proposed in the Fashion Square EIR, the new 147,000 square foot expansion, will need to be designed for optimum energy efficiency in accordance with Energy Conservation Standards for non-residential buildings. The projected natural gas consumption for the 150,000 square foot addition would be 3 million cubic feet/month based on a consumption rate of 20 cubic feet per month per square foot, while the projected electricity consumption would be 600,000 Kwhlmouth based on a consumption rate of 4.0 Kwh per month per square foot. These numbers are approximations. Page 24 Proles No. 96-066 75D-415 The originally projected energy usages in the Fashion Square EIR, based on building of over 4 million square feet of office, retail and hotel uses resulted in a projected consumption of over 86 million cubic feet per month of natural gas and over 13 million Kwh/month of electricity. Based on a ratio comparison, the existing MainPlace's 1.1 million square feet combined with the proposed 147,000 square foot expansion will be approximately one-third of that which was originally projected for energy usage. No impacts will result. PERSONAL COMMUNICATIONS Brunswig, Ron, Senior Vice President, Urban Retail Properties, Santa Ana, CA. April 1, 1996 - telephone conversation. Chico, Tom. Program supervisor. South Coast Air Quality Management District, Diamond Bar, CA. March 26, 1996 - telephone conversation. Hogo, Henry. Planning Manager. South Coast Air Quality Management District, Diamond Bar, CA, October 12, 1995 - telephone conversation. Rice, Jeffrey. Case Planner. City of Santa Ana, Planning and Building Agency, Santa Ana, CA. March 22, 1996 - telephone conversation.. Jones & Stokes Associates: John Westermeier Linda Brody Ronald Bass Tim Rimpo Kimberly Pell David Buehler Korve Engineering: Catherine Higley LIST OF PREPARERS Project Manager Project Manager CEQA Review and Analysis Air Quality Air Quality Noise Traffic Addendurn Wfor Main P&WSanta Ana FER96.0 3) April4, 1996 Page 25 ® Projeci No, 96.066 75D-416 BIBLIOGRAPHY City of Santa Ana, 1978. Ordinance No. NS-1441. An Ordinance of the City of Santa Ana Amending Article VI of Chapter 18 of the Santa Municipal Code Relating to Noise Control. City of Santa Ana, 1982. City of Santa Ana General Plan, Noise Element, pgs. 72-74. Adopted September 1982, per Resolution 82-122. South Coast Air Quality Management District,1993. CEQA Air Quality Handbook. Traffic Impact Analysis for the Main Street Concourse, DKS Asociates, January 2, 1992. Trip Generation, Instituted Transportation Engineers, 5th Edition. Ultrasystems, Inc., 1983. Final Environmental Impact Report for the City of Santa Ana Redevelopment Project: Fashion Square Commercial Center. Prepared for the City of Santa Ana, Community Redevelopment Agency. Addendum GIR or Main P ace/Santa Ana (ER96.033) ® April 4, 1996 Page 26 Project No. 96.066 75D-417 This page left blank intentionally. 75D-418 75D-419 a COMMUNICATIONS LAB discover your voice MEMORANDUM To: Ali Pezeshkpour, City of Santa Ana Planning and Building Agency From: Justin Glover, Sr. Account Manager, Communications LAB Re: Report on May 31 Sunshine Ordinance Meeting, MainPlace Transformation Project Date: June 4, 2018 On behalf of our client Centennial Real Estate and as a record of the May 31, 2018 public meeting on the MainPlace Mall Transformation Project, please find attached to this memorandum our report. Please contact me with any questions at Tustin@communicationslab.com or 949- 215-5539. www,CommunicationsLob.com 25 Orchard, Suite 250 • Lake Forest, CA 92630 Ph: 949.215,5539 • Info@CommunicationsLab.com - Fax: 949.215.5549 75D-420 Affidavit Regarding Community Meeting 1, Samuel Justin Glover, declare as follows: I. This declaration is made on behalf of MainPlace Shoppingtown, LLC, pursuant to Santa Ana Municipal Code section 2-153 ("Section 2-153"). I have personal knowledge of the facts set forth below, and am able to competently testify thereto. I am available, on behalf of MainPlace Shoppingtown, LLC, to answer any questions regarding the matters discussed herein. 2. The community meeting required by Section 2-153 was held by MainPlace Shoppingtown, LLC, in compliance with Section 2-153, on May 31, 2018, from 5:30 pm to 7:30 pm. 3. Notice of the meeting was mailed to all property owners, and at least one occupant per dwelling unit having a valid United States Postal Service address within a 600 foot radius of the project site, on May 21, 2018. True and correct copies of the mailing, as well as the notification list, are collectively attached hereto as Exhibit A. 4. Notice of the meeting was posted on the project site (at all major entrances of MainPlace Mall) on May 21, 2018. A slightly modified version of the notice was posted at the same locations on May 22, 2018. True and correct copies of the posted notices are attached hereto as Exhibit B. S. Notice of the meeting was published in the Orange County Register, a newspaper of general circulation within the City of Santa Ana, on May 21, 2018. A true and correct copy of the newspaper notice is attached hereto as Exhibit C. 6. Meeting minutes I prepared that provide an accurate description and summary of the meeting are attached hereto as Exhibit D. 7. The meeting was conducted in an open house format, but began with opening remarks from the applicant's CEO, as well as a question and answer session, A true and correct copy of the video of the opening remarks, including questions from the public and answers thereto, is attached hereto as Exhibit E. 8. A court reporter was hired to transcribe public comments at the meeting. In addition, members of the public were provided an opportunity to submit written comments and/or video comments, Trine and correct copies of the transcript prepared by the court reporter, the written comments received from the public, and the video comments received from the public are respectively attached hereto as Exhibits F, G, and H. 9. A true and correct copy of the sign -in sheet for the meeting is attached hereto as Exhibit I. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed this date of June 4, at fir°'` , California. ) ,,,. k Samo Justin Glover 75D-422 AM Y x, n. a. .� E= o E 6 2 �° m0o'oro N o C � �-. ,fig° u c`d a .- ' mM EO N — N E N m � N 6 T N a Q I z Q a 2 M n ° c q coa) > o- a °' +�,AI 'n ID CO Ci°o q y, °n�o c��m _° o oC) cmo o CO °a-° c E o t m Lo Cl) >0)E.Eo�'tm -�om°waE° ° o E o o ru o m m m o m o°cE c`mco°°mm o° Eu-O E o c 0 a c a c a - °no° °�-avm >E �E�m o m o E 0- 0 j, o ro C o` C!S C h o E 0 ro F°mo s°a°cofro o`od E 12 19 75D- 25 to 111 lfl l0wwmw mmwt0m N01M �O Ll7 d'lD t0 t0101010OI� nn n N nOn 00101 O O O PI O O O O O O O ti O O O O w 0 w w z z 0 w w 0 w 0 0 0 PI 0 O 0 O 0 0 O IDOO z 0w ww 01010 ww 00 O O O Ol0 l0 l010 w 0O0 010w OLD w O w t0 O� 0 0 0 O O� O� 0 0 0 0�� O� O� O�� O� 0 0� 0 0 0 OLD 0�� O N o o o c o o o o Ill o In o N o o o o Ill o o 0 0 Ill 0 0 Ill 0 0 Ill 0 0 0 0 0 0 0 d• 0 0 0 0 0 0 0 0 0 0 0 0 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m m m m m m m m m aaaaaaaaaaao.aaaaaaaaaaaaaaaaaao.aaaaaaa u u u u u u v u u v u u u u u u u u u u u u u u u u u u u u u u u u u u u u • • • • • • • • • • • • i • • • • • • • • • • • • • • • • • • • • • • • • 75D-427 .-� rl N N N I� N n n W W W W W W W W W W W W W Ol Ol 01 Q� Ol Ol 01 Ol Ol Ol Ol Ol 01 O O O O O O 00 O O O O O O O O O O O O O O O O O 00 00 O O O O O O O O O O O O O O 00 OLD O O O O O O O O O O O O O O O O O O O O O O OD O 00 O O O O O Ill Ill Ill Ill C O O Ill C Ill Ill Ill Ill O O In O In O 0 In N 0 Ill Ill 0 Ill 0 Ill Ill 0 Ill Ill Ill 0 0 0 Ill 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 nn N (\ n n n n n f\ N n f\ n n n N n n n N n N N f\ n n n n n N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Ol Ol Ol Ol Ol 01 01 Ol Ol Ol Ol Ol 01 Ol Ol Ol 01 01 Ol Ol Ol Ol Ol Q� 01 Ol Ol Ol Ol Ol Ol Ol Ol Ol 01 Ol Ol Ol u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m G C C C C C C C C C C C C C C C G C C C C C G C C C C C C C C C C C C C C C aaaaaaaaaaaacaaaaaaaaaaaaaaaaaaaaaaaaa m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C C C G C C G C C C C C G C C C C C G C C C C C G C C C C C C G C C C C e c m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m No N V' W O t- O W N O W O O MN O O W O CP W N It WO O d' O W N O W O d' W N O M M M M M 0 0 0 N m m V V V m o 0 In In Ill 111 IA U Ian In In In In Ill Ill Ill Ill ll'1 In Y_ Y_ Y Y Y _ _ .Y_ Y Y Y Y _ _ Y_ Y_ Y Y Y _ _ Y_ Y Y Y Y _ Y_ G G C C C C e G c C C C C C G C C C C C C G C C C C C G G C C C C G C C G C C C G G C C C C G G C G C C C C C C G C C C C C c C C C C G c C C C C G c C zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz 00000000000000000000000000000000000000 00000000000000000000000000000000000000 WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y c c c e c c e c e c c c c c c c c c c c c c c e c c c c c c c c c c c e c c m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m aaaao_aaaaaao.aaaaaaaaaaaaaaaaaaaaao.aaaa u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u 00000000000000000000000000000000000000 75D-428 N N H H H H H H H H H H H H r-1 O H H H H O O O H H H H H H H H H H H H H H H ID �D l0 l0 l0 l0 lD tD tD tD l0 �D lO NID O w ww w LD lD%D W I0 W kDW t0 l0 tD 00% l0 tD tD lD t0 t0 tD �O tO iO �O t0 �D �O t0 �0 t0 t0 t0 �0 t0 �D �D t0 tD �D tD t0 �D tD �D �O �D t0 t0 tD �D tD NOD tD kD ll1 In In In LA 111 l!1 l!'1 U1 111 Lfl lf1 111 If) U1 V7 V1 In lfl 111 Lfl N lf1 ll1 N lfl U'1 In 111 If1 L(1 If1 I.f) lf1 IA In LA In 0 0 0 0 0 0 0 N 0 N N 0 N N N N N N N N N N N N N N N N N N N N N N N 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eY C C C C C C C C C C C C C C C C C C C C C C C C C C G C C C C C C C C C C C Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y AJ Y Y Y Y Y Y Y Y Y Y Y Y C C e C C C C C C c e C C e C C G C C C C C G C G C C G C C C G G C C C C C z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z 00000000000000000000000000000000000000 00000000000000000000000000000000000000 � m m m m m w m w co � m co m m� w� co m w m co co oD � m m co o� co m w co co m o m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y L Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C C C C C G C G C C C C C G C C C C C C C C C C C C C C C C C C C C C C C C m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m 0 o O CL m D a n m D d ma a n D O D n ma ma Q a D a a a fl_ D m a= a Q n n ma a a 7 u= 7 7= u >>> 7 C C u 7 7 C 7 7 7 7 7 7 7 7 7 7 7 7 u 7 7 7 C 7 7 7 7 u u u u u u u u u u u u u v u u u u u u u u u u u u u u u u u u u u u u 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�J c m c c c dm.� c .c c m c m c Y Y Y Y Y Y m m c c c c c .c C C C C C C C C c e C C C C C C C C C C C C e C C C C C C c C C C C C C C C m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m N O W �O CO tOO d'OJN CF Od' W NO ONN MoN It M'cY oc) Ln Ln lO ON LOlON NON ON W N 07 CO OJ W CO W O� W W O] CO W OJ W m 01 O� O� O� N O O O 01 01 � O� 01 O� 01 01 01 O 01 01 01 O� m s c c c e c c c c c c c c c c c c e e c c c c c c c c c c e c c c c c c c c c Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y .11 Y C C C C C C e C C C C C C C C C C C C C C C C C C C C C C C C c C C C C C C zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz 000000o0oo0000000o00o00000000000000000 00000000000000000000000000000000000000 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Y Y Y Y Y Y Y Y Y Y Y .4J Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m > > > > u > > > > > > > > > > > > > > > > > > > > > m > > > > > u > > > > u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u 00000000000000000000000000000000000000 75D-430 Ol Ol Ol tD tD 0 tNO N t.O OO OO W 0 t'Q W tD N tti0 tN0 OiO 001 M M0 kD ttO M0 M0 tM0 kD I101 M0 0 W 001 kD M0 tO0 O0 tOD M0 tO 0 tD 0 N 0 t0 t0 O tD 0 0 0 t0 0 1p lD l0 t0 In O 0 t0 O t0 tD t0 tD O O tD 0 tD lD t0 tD O tD In In 0 In 0 0 In In In In Ill In 0 In 0 In In 0 0 Ill In 0 0 In In 0 In 0 In 0 0 In Ill Ill Ill 0 In 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 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O OI fT OI OI OI Ol OOOIOOOmOmOIOOIO OIOm OI OI OI OImOOI OIOOI OI OI OI OIO U U U U U U U U U U U U U :..) 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In addition to maintaining and improving more than one million square feet of retail space, the master plan Integrates mixed -use to create a dynamic community destination in Orange County with a modernized MainPlace Mall at its core. This holistic approach to update the site plan with residential development will be ideal for live -work spaces, serving nearby workers in retail, hospital and government. This project proactively addresses the Issues facing retail properties across the nation, creating a thriving MainPlace for generations to come More information at., www.TransformMainP[ace.com If you have any questions regarding this event or you require language interpretation services in languages other than English, please contact: Justin Glover, Community Outreach r justin@communicationslab.com or 949-215-5539 - WnPt ce M4111 Diego Teran,Community Outreach CENTENNIAL COLLE<TION dlego@communicationslab.com or 949-215-5539 (Vame para recibirinformaci6n an espaHolJ In-language support available 5D-454 IN alj Nb WHEN: 530 -7730 p.m. THURDAY, MAY31 2018 I WHERE. 2800 N MAIINDST,TSANTA ANATMAENT STORE, 2ND FLOOR L7 Yt t SANTA ANA, CA \ ' Pr r ♦ f la visi6n y proyecto propuestos Conozca al equipo del proyedo ACERCA DEL PROYECTO El proyecto propuesto de Transformaci6n del MainPlace Mall buses preservar al centro comercial come un ic6nico destine local de compras y a Is vez busca la evoluci6n del centro pare cumplir con las necesidades del consumidor actual, Ademas de mantener y mejorar mas de 1 million de pies cuadrados de espacio comercial, el plan maestro Integra use mil para crear un dinamico destine comunitano en el Candace de Orange con un modemizado MainPlace Mall en el centro. Este enfoque holfstico para actuallzar el plan del sltlo con urbanlzacdn resldencial sera Ideal pare viviendas-talleres, quo sirvan a empleados locales on ventas al por manor, hospitales y goblerno. Este proyecto aborda preventivamente asuntos quo as propiedades de ventas al per menor enfrentan an toda is naci6n, creando un vibrante MainPlace pars las futures generaciones, Mas informaci6n an: www.TransformMa!nPlace.com Si tiene alguna pregunta sobre este evento o si necesita servicios de int€rprete an otros idiomas distintos del ingl6s, favor contactar a: Justin Glover, Community Outreach justingcommunicatlonslab.com or 949-215-5539 Diego Teran, Community Outreach diego@communicationslab.com or 949-215-5539 (LIame para recibir informaci6n an espariol) 5 Alangua �e sport available MeinPtece Matt CEN TEN HIAI COLLECTYON �{ j Zona de notificacion Zona del proyecto ACERCA DEL PROYECTO IN 11 2111,11TIP, III I 1.:.III ! i- lw • Conozca la visi6n y proyecto propuestos • Comparta sus comentarios y haga preguntas • Conozca al equipo del proyecto Mes informaci6n an: www.TransformMainPlace.com El proyecto propuesto de Transformacion del MainPlace Mall busca preserver al centro comercial como un conico destino local de compras y a la vez busca la evolucion del contra para cumpllr con las necesidades del consumldor actual. Ademas de mantener y mejorar mas de 1 mlllon de pies cuadrados de espacio comercial, el plan maestro Integra use mixto para crear un dinamlco destino comunitario en el Condado de Orange can un modernizado MainPlace Mall on el centro, Este enfoque holotico para actualizar el plan del sitlo con urbarizacion residencial sera Ideal para viviendas-talleres, quo sirvan a empleados locales an ventas al por manor, hospitales y gobierno. Este proyecto aborda preventivamente asuntos que las propiedades de ventas al por manor enfrentan an toda la radon, creando un vibrante MainPlace para las futuras generations. Si tiene alguna pregunta sobre este evento o si necesita servicios de interprets an otros tdiomas distintos del ingles, favor contactar a: Justin Glover, Community Outreach I T justin@communicatlonslab,com or 949-215-5539 -C--g -- Diego Teran, Community Outreach 1"! c`�InPlace Matt dlego@communicationslab,com or 949-215-5539 =�"T�HN1ALtlQL1k<*�°" (Llame para recibir informaci6n an espanol) ► p C��������� ngu ortavallable MAINPLACE TRANSFORMATION PROJECT Report on Sunshine Ordinance Meeting MainPlace Mall LENTEXXI.EL COLLECTION 4FWS01 e offn..got, Batson, ads.- `Yllh limits dmggung 1. inglitlama-koge FOR THE RECORD P$. etition are grd titer with hosing ofardabil- b mada'evvy I. out so in4 aampo U ga, y and thing tents. Santa dative an the elatowide Fnmuaans Imnvllyv.1hparr." Ana creature are : aklow ballot to reveal the Costa, Claims C'mmty Want- for Pearl prdeml'ne and Mackin, Ace, which aim I Santa Am court m nt ream rged coal slief; gold an mail Its rent control to anoint. loon ofwalloping groups 61086 a month during tram the Kennedy Co.. n m6q doilies, and Ir'I- Iau nhod"Ich effort Aprll the first three months of mielan on' Monday. pilots but bePoea 199s.. Jwidtbe hrng9tenmlce the year andf:meeed26 Redommothallmenm. Immaparm Faso said dry I'naF' Y Intent to InWlers Pm1 "owl the Vaal xIBM14 palg,e also me underway slower have erongh mg. tonne Tbn airy ravlewed .....died to war- Ia Bmmmmenta g¢nta Crue nature to put the lulu. manes the Wording Uf the Pro mi tl p'opemy traeka and s National City, near live on the Novamb rbaL InItImem jeean gn'- gets Lc San Diego. loran NmIll. lot I. nd green Beat, all riling oven to Cali(orma dtlm held Landlord gruape here light to launch a petition faater In Los Angeles to., aural rmPemndume bean rxVang t19htva _ rem. Candy, home to realest in 2016 and Rely, with lhoeta=tl1 tlelffitIo f e "people a,. excited emi cnmpni,ru in Long mar earthed pxeelrg in going I. e.bull bamne ' ,,ban' relit central, and Slash, Glendale, Dlgla two: Mandela View end them'. tenahm than it b¢IVe sa everybody we approached wood and Positions, The Bighearted. Retina am Its because it meulU In floor Saturday's ,tilde about the Vera, Hughessn Memorial nu Beenwilling to sign," average whiter -quarter the mn)orhy In lR of the article andlyhowlmairs USIA Ninguel Mane Hoal Corot CM1ampl... 11,a, a tennis raid lsari Kamas, a rum. rout Ch... was$1,898 a 15 California cities whole tenmoe in rmd¢onn'alled tournament In -aquae Woods Village, ran with photoeof mwdty orgenia.rwitl, the mans tlp 30 poreent In rent control battles hero hulldWge. last ycar',ewal. This year's tournament will had May la generally Noontime, an the all Blain lean, returning. through 3atmday. ' , WLCInh Cnry Il0'I'C d y his eadets at i'RnlaeMri F iM1 lineor ` and a 2m2,Cold �"� h! 1p far ream¢ roes "v irm,at, hi h ROTC Indctallso ,high . w ♦ tp liberal Umeeters e I q, a. Hynsohool in an sugglod, "„aaa 4.rr•< - •' ,._.:" 9e,d¢n Grove matomegahis Pourrl,IWren roem¢remm- In to, V... High pone area a few "maadfle "ma L,Wr Call o... PxrAtlta's m, lea 1 I to tople the If d by M1een dnggtd by f ' slower Imbe,hmg dun ov and off far @me t delta In "lli d.c.tl ¢ nquiry Jut I NamoTc tong below theml lm n w annulment simulations. Citbela He, Nary cegot,. al uses T'i V ymaumng 100 ROTC neighbors or, in usuggens, la nenava ufsu.11twsrinaole, /g y Inq rn 10 Cement of the student ^ t Illy Imdh I a (our le L t 1 t ="_fir , i. t tM1a r r It, b Cecil Ias o ern Ill- ry. 9tll510 t " at el nt t b 1 If .not Writ with Si v Joeda ,d V` nu t almost¢ w ing go xm=runtte vg low aunt ad to 90, But repar,ha,ud.mauip wteHor U by ROTCmem. be win. attend Clete, Bliquid ndgal said D, whe heeophamare npIniver Hongold. Coll beroatlmalmiof samorlyIran. most MCRetmn College en shebe jobr¢tl a a year, Ceti] Wok arm, lain other' Most of tire swimsheld cWCHTause cestill begrime because doing But said hill graduates wordomonN on en R(another gIbdgXEem will enter tary to neologism for military are.: , ®r'Hee;etlher nnryoa —Ne number now freed v, rge alo: HC Nll fi allhw.dhm'mhens;er love far MI'C,'He gives us dtld,, 11 and Mer'a )et Jay, ill Ce is not just ld not jns[a tmeher Immrid her loaner snvemsemseappo6witlee ¢ Id Pmnclartal. a San espro Ib,11 —Cecilrate., to stay ftal the list c(I consoleIMVaq planned end, and Cal —Tire [uBut, "1'Lete lea ep. ho Ise aid,l ou prole. te[aywiUlffix bo,toa" "Yeab,lably ne—.Rue The pmgrirommu goal, pw Who drum18, 6 gr oof the mandatory Rnl,whoiced lit is g you is ere me curt twerp, helped het tothye low act mowan. —pmbn act at ROTCol. wspon3order,Eli. 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Approximately 100 members of the public attended. Attendees were invited to sign in and provide a name, address and email address. They were also offered refreshment which included water and cookies. The meeting was organized into stations, each with information on the project (meeting guide with layout attached). Following a presentation at the first station by Centennial Real Estate CEO Steven Levin/question and answer session, members of the public were invited to circulate to each station and to provide comments. CEO Steven Levin's presentation included the following: • Mr. Levin introduced himself and gave thank yous to members of the public attending. • Mr. Levin provided background on Centennial Real Estate. He stated the company owns and operates malls and is a long-term owner, along with the partner on this project: USAA. He stated the company's focus is on creating destination projects and being involved in the company. He stated he views malls as the fabric of the community. • He stated the company believes in social responsibility and protecting the environment. • He stated Centennial purchased the mall from Westfield several years ago. He stated the company has spent two years planning for the transformation of MainPlace. He stated the company also acquired the development rights so the company could propose the project being discussed tonight. • Mr. Levin offered background on the project including the vision to create a place for the community of Santa Ana. He stated that when malls were built in the past, it served as the entertainment for the community, but the focus was only on retail. The plan for MainPlace is to create today's version of a community destination with food, experiences, outdoor spaces, restaurants, movies, music venues, kids' entertainment, and shopping. • He stated the company doesn't compete with Amazon, which is where you go to buy a book or a hammer, but MainPlace is where you go as a destination, for the city of Santa Ana. 75D-461 He stated that Centennial want to be long term owners who are willing to invest several hundred million dollars to make MainPlace Mall a destination for the residents of Santa Ana and the region. Mr. Levin took questions from members of the public, including: • What short and long-term steps can Centennial take to ensure the mall is successful in the future? • What other similar projects is Centennial working on? Responses included: • Centennial purchased the properties and development rights to ensure the vision for MainPlace Mall can be executed. Mr. Levin also discussed the changing nature of retail, as it relates to responses to online shopping. • A discussion of similar projects Centennial is working on, including two properties in Chicago. Mr. Levin stated that MainPlace is the biggest project and the pinnacle of projects they are working on. Public comments were taken in the form of written comments, video comments or recorded comments by a court reporter. Interpreters for both Spanish and Vietnamese were available at the sign -in table and at the public comments stations. 75D-462 Thank You for Attending! We have several stations of information that we are excited to share with you tonight regarding the transformation plans for the MainPlace Mall site. As a true open house, there is no particular order in which you need to visit the information stations. If you see a line, feel free to visit another station and return when the line has shortened. Station 1: Sign In ( Translators Station 2: Project Introduction I A Word from the CEO Station 3: MainPlace Re -Development Video Station 4: Retail Transformation ,Station 5: Residential I Office I Hotel ,Station 6: Sustainability and the Environment Station 7: Virtual Reality Experience Station 8: Court Reporter I Video Comments Station 9: Written Comments 75D-463 Al n a I R TO '.:r[ i � L 1 a. � r V 4 h ii 11 it II �� ` u a b e ar I! i Y P" �i � T1 e�p � 1 Os p I4 t rl gill IA 7t i M!i .,1.J j J sl'3 a� r is h4 } 1 N �� �yY rimfir �sk.s Y { tl r"r-:fit 1 �.� Rs C f ­ C,m r + .:• �q 't7 t Lr• YG �� Ojr $ a I i 'I .� b NII Its 1, g� l M` ili 1 N N r Jim h P P� ' - �. wt� r E i.d Y V { a _ 1 r"�i J,l a a* _ VA r ) 6a t� 1 9^ drm '1 1 / Y � cD �1 s' '— ' 1 P r �t It I '' s r 1 1 r.l i 1 a ! i t fir r ij_3,1,.i„ r� ? to W I 9 's rr Ilk �_ _. '� . A �_. � \�� `'�,.k�,l:, ��`,� .::..�� ♦ ..,_._ � ,ir � °.. - � �. .._. ... . ® EJ N N _P .^r. q. 07 p T + 0 0 eo z l r r 75D-464 ITT MainPlaee Mall C E NT EN NIAL CO LlECT1OH May 31, 2018 Public Meeting, Centennial Real Estate Presentation by CEO Steven Levin and answers to questions: https &outu.be/5DB8RBDN9fw 75D-466 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAIN PLACE MALL TRANSFORMATION PROJECT IN THE MATTER OF: ) Public Meeting held Thursday, ) May 31, 2018 at 5:30 p.m. ) Meeting Held at: Main Place Mall Former Nordstrom Department Store Comment Station 2800 N. Main Street Second Floor Santa Ana, California 92705 Reported By: Katherine Emerling, CSR CSR No. 11157 Hahn & Bowersock, A Veritext Company 800.660.3187 Page 1 75D-468 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X PUBLIC PARTICIPANTS: PAGE 1. Barbara Russell 3 2. Sally Neuville 3 3. Ellen Diamond 6 4. Sherry H. 7 5. Janelle Johnson 9 6. Ms. Speaker 9 7. Juan Carrera 9 8. Eric Scandrett 11 9. Jeff Martinez 12 10. Guida Quon 14 11. Victor Mollica 15 12. Jason Queen 17 13. Phil Schaefer 18 14. Sue McDonald 18 15. Kelly Medina 19 16. Tracy Matheny 21 17. Thomas Cartney 22 18. Dale Helvig 25 Hahn & Bowersock, A Veritext Company 800.660.3187 Page 2 75D-469 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Santa Ana, California, Thursday, May 31, 2018 5:30 p.m. (Mr. Justin Glover expedited the transcript for Friday delivery, June 1, 2018.) PUBLIC COMMENTS 1. MS. BARBARA RUSSELL: Well, 1900 units is way too many. You have to figure on parking two cars per unit, and I think -- and we don't have enough parking. I can't tell you how many times I have left the mall because there hasn't been parking, and I do park over in the back. I look back there. I don't like those high-rise parking structures, but I do park there when I have to so parking is an issue. And I mean, if you didn't -- I wouldn't mind if you bought up some properties nearby, that brick building or the big, tall office building. I don't see how you're going to do everything in the space that there is so I wouldn't mind if you took more property. I mean, I think the -- 2. MS. SALLY NEUVILLE: I live in that 280-unit building across the Hahn & Bowersock, A Veritext Company 800.660.3187 Page 3 75D-470 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 street and around the pool when we're talking about it. I mean, the main thing is that those people are saying, hey, we can do -- if they do something really great. So we are inviting, you know, it's something we want to go to we'll just walk across the street. We don't even have to worry about parking, you know, and that -- those structures over there, there's 280 units. They go from studio apartments to three -bedroom apartments and the population goes from the young bachelor who's just entering the law firm who I met at the pool to a whole family including two dogs, and that building has its own private dog park. You punch in the code to get you in the gate to the building, it works on the dog park gate and the dog park has benches. Take your doggie in there, take them off the leash and sit down on the bench and talk to your friends. They allow dogs without an extra fee. They don't do it with the cats because the cats scratch, but they do it with the dogs. And so that, you know, there is a thing again with those kinds of people it's going to appeal to because of the jobs, you know, because like I said, they can walk across the street. You have the Easter bunny, bring the kids all over, you know, see the Easter bunny. I'm Sally Neuville. I'm the first one on the Hahn & Bowersock, A Veritext Company 800.660.3187 Page 4 75D-471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sign -in pad. I met the boys earlier and they took me in through the backdoor because of this thing so I can get in. I'm getting used to a new telephone number. I moved over here from Huntington Beach and they said, no, you can't take your phone -- your old phone number with you. You have to get a new one so at the age of 77, I am trying to learn a new telephone number. MS. BARBARA RUSSELL: I just want to make sure you got it that I'm positive about the idea, but I just cannot see 1900 units when you have to figure on two cars per unit, a minimum. We have this problem in downtown Santa Ana already and it annoys the heck out of me. I just don't go there to restaurants and things like that because of the parking issue, so that's my main comment. I'm Barbara Russell. I put my email down. I put my email down when I signed in. Barbarajrussell@yahoo.com. MS. SALLY NEUVILLE: Phone number is 657-210-4732. I'm a retired school teacher. I taught 40 years. I taught for the Garden Grove Unified School District. I started in 1960 and I retired in 2000 because I wanted to be able to say I taught for two centuries so that was the reason I waited to retire just because of that just, you know being silly, but it turns out it made a big difference in my retirement because I Hahn & Bowersock, A Veritext Company 800.660.3187 Page 5 75D-472 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was there so long. I love teaching. I keep wanting to write a letter to President Trump but, you know how he Tweets all the time. Okay. This morning he Tweeted this whole big thing, and several times he Tweeted it's so wonderful to have his wife back at home because she's been in the hospital. In every one of his Tweets he spelled her name wrong. Can you imagine? What an idiot. One thing I'd love to be asked to do is, because so many people say we're going to make it easy for the handicap, and you get there and the cart is this (indicating) wide, and the aisle is this (indicating) side. So when you start saying you're going to have handicapped access and everything, give me a call. I'll come up and test it out for you and make sure things are wide enough. That's important. It's very frustrating when you are trying to go someplace or buy something and you can't get through. That is really -- it looks like they have you flashed. 3. MS. ELLEN DIAMOND: My comment is, this is supposed to be the sunshine meeting. It just seems a little thin on information. I mean, I like -- the idea is nice with the different stations and you can go and you can ask questions, but I've been to other sunshine meetings and Hahn & Bowersock, A Veritext Company 800.660.3187 Page 6 75D-473 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it just seems they don't have a lot of actual information about the project. There isn't even a map of the potential layout, and when you go over to the sections of the residential and the retail and the hotel saying, well, this is what we have the right to do, but we're not going to do this. This is what we might do. This is what we could do, so I'm left really not knowing anything. For a sunshine meeting, I feel like I'm not really getting -- I feel like I'm getting a lot of, it's going to be great, but I'm not getting a lot of facts, which I would like more. I mean, I would like some takeaways besides just a map of what's in here. I left my email when I signed in. 4. SHERRY H. Do you want me to tell you what I think about the project? I think it's great that they're looking to -- they have some good ideas regarding the mall. The things I would like to see addressed, first of all, I'd like to see -- I'm concerned about parking with residential. They said they had 1900 units planned. My guess is that's usually at least two vehicles per household plus guests, so where is that parking going to be in addition to the mall parking. Also parking for -- if they do a hotel and office structures so to make sure Page 7 Hahn & Bowersock, A Veritext Company 800.660.3187 75D-474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there is a lot of sufficient parking to maintain so it's not overflowing into the neighborhoods. Second would be the height of any buildings that are going to be seen from nearby residential, how intrusive it is visually from the surrounding residential areas. Right now you really don't see too much of the mall certainly from the surrounding residential. You know it's there. We go out to the Main Place and you see it in the -- certainly from the freeway, but some of the height of the buildings, I'd like to know what the height of the buildings, what their plan is. Also they don't really have an overview map as to where they're planning different elements -- where they're planning to put different elements. And finally, I'd like to see at least some sort of theme. Right now what I'm seeing from the videos, it looks very kind of haphazard like they're not really sure what kind of theme they're using. You've got an airplane in the kids unit. I'm not quite sure how that relates to everything else, you know. There seems to be very disjointed in terms of the theme for the mall and I would be curious to know what their theme is in terms of something that can also last for a while. A lot of the stuff in terms of maintenance also, if it's too -- some Hahn & Bowersock, A Veritext Company 800.660.3187 Page 8 75D-475 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the elements that might deteriorate quicker in terms of upkeep and maintenance. I'm curious to know what their theme is and what they planned for maintaining the place so it keeps updated and doesn't end up looking like a carnival. Right now it looks like a carnival to me so I think that's about it. No, I just thought I'd be helpful. I'm not leaving my email. I know they're looking for feedback so I just want to make sure I give them some -- at least feedback and I'm sure they've thought about all those things but it's just my observations from what I saw. Thank you. 5. MS. JANELLE JOHNSON: I'm looking forward to it and hopefully they can give them a run -- Edgewater main shut down because there's plenty of buildings being built and that's really going to ruin our neighborhood. This is a much better spot for all of that. 6. MS. SPEAKER: Keep the name Main Place, take off the "mall" but leave the name. 7. MR. JUAN CARRERA: So as far as I'm concerned like, you know, someone young, for me, like the mall is -- like it's outdated, you know, like everything I buy its online, Hahn & Bowersock, A Veritext Company 800.660.3187 Page 9 75D-476 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 11 19 20 21 22 23 24 25 Amazon, online shopping, you know. I just come in to maybe return something like, just exactly how he describes so -- like what I would like to see is like something -- because around my area, I live in Orange, there is literally nothing. If, you know, I'm trying to go to entertainment I have to go all the way to L.A. to go like to a venue like the Microsoft Novo Center or like the only other entertainment place is observatory in Santa Ana and so I would like to see more like entertainment, you know, to be able to go out with friends and do stuff. And also like food spots, like breweries like Karl Strauss or like how downtown Disney is getting a Ballast Point Brewery, just more stuff like that because as far as like retail and stuff for me, I feel like that's second to a mall nowadays. It's more of entertainment and things to do with family and friends as opposed to, I'm going to go to the mall to shop. I feel like nowadays it's: I'm going to go to the mall to do something, to have fun, to have a good time and enjoy my day because it's infinite stuff or whatever. That was only my comment. I feel like there needs to be a focus on entertainment and restaurants and dining experience, and that will drive people to the retail and shopping. Hahn & Bowersock, A Veritext Company 800,660.3187 Page 10 75D-477 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8. ERIC SCANDRETT: Hi, my name is Eric Scandrett and I want to just make some comments. First of all, we appreciate this opportunity and I've been very active in neighborhood association work here in Santa Ana. And all of our neighborhoods are organized in this part of the city. We are very anxious for this company, once they know where they're going and what they're doing, that they come out and talk at the neighborhood association meetings so that the residents feel that they are being included in this project. That will help a lot in terms of getting support and it will help you folks know what some of the people that live within a mile or so of here are really interested in seeing happen with this mall. I think that you need to know that north Santa Ana, there's about seven or eight neighborhood associations, and we are the only part of Santa Ana that does not have a senior citizens center. If that could somehow be worked through a lease with the city so that we have a senior citizens center in this complex, I think that people would really appreciate it. I think they would support it. I think it would bring a lot of people into the complex. I think that's all I have. I appreciate the opportunity. I'm not negative Hahn & Bowersock, A Veritext Company 800.660.3187 Page 11 75D-478 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at all. In fact, I think this is, you know, it's something that needs to happen. Probably the biggest issue that would be faced is traffic because we already have major traffic issues and there's an awful lot of building going on across the street, down the street, and people are extremely concerned about being able to mitigate the traffic issue, so that's something that needs to be addressed, not only with the surveys that the city does because we understand the State of California requires that, but it's partly a psychological thing. People need to see how this is going to be handled as opposed to just pie in the sky, this is what the statistics say. I'm excited about the fact this is going to be developed further. It needs it. Right now it's struggling. Everybody can see that. My email is: emscandrett@aol.com. And what is the name of this group? MR. BRIAN LOCHRIE: It would be -- I'll give you one of my cards. It would be Communications Lab. We are helping out with the community outreach so it will be from us. We're located here locally. 9. MR. JEFF MARTINEZ: There is a reference of a development. It's at Hahn & Bowersock, A Veritext Company 800.660.3187 Page 12 75D-479 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the campus of USC. It's called USC Village and it was sponsored by Trader Joe's and Target, and just Google that and it will give you a reference. There is great photos, you know, some interesting architecture kind of -- it's completely different than, you know, what it's -- it's in matching with the schools, but it's not the traditional modern -- ultra modern. It's more of a Renaissance Italian kind of architecture just some really interesting aspects. There is -- they do have the housing. There is some shopping so that lends itself more to a college campus life as opposed to a mall, but some of the aspects are really nice. You have small stores, like it's not a full-size Target, not a full-size Trader Joe's. It's small enough to meet the persons living in the area, the residents so -- and not too far from us. We're right across the street so, again, it's the USC Village. It's kind of an idea, food for thought, and the reviews have been really excellent on that development. It seems like there is a lot of happy campers so that's my feedback to look at that as an influence. That would, you know, be an anchor store as well in a different sense. It would definitely compliment the other stores here. Okay. Page 13 Hahn & Bowersock, A Veritext Company 800.660.3187 75D-480 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E-mail is Jeffmarz@yahoo.com. 10. MS. GUIDA QUON: Well, I will start with I'm very excited that something is going happen at this mall because I have lived here -- I lived here many moons ago when this mall opened and was a successful mall that had high -end stores. I moved away, lived somewhere else for 20 years. I came back 20 years ago. The mall was okay, but a lot of those stores had long gone. Now, you know, it's gotten dreadful. Dreadful. However, it's had a new owner and what had happened in the last couple of years have been very promising and exciting so I'm very excited to know all this is happening here. And I totally understand that the mall experience has to change, and people -- I live across the freeway in West Floral Park. Some people are like all up in the air that, you know, it's going to bring more traffic. It is. I don't think we can do much about that but, you know, they're like, a residential and a mall, they don't get it. Where are they tonight? Where are those people? They should be here, you know, find out. Anyway. My husband and I are excited. We are looking forward to it. I hope we live long enough to experience Hahn & Bowersock, A Veritext Company 800.660.3187 Page 14 75D-481 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 everything that they're going to do here because it will be great. It will be great. I used to sell ad space years ago, like 25 years ago, and this mall advertised with me in the magazine that I worked for. And so I have a pretty intimate experience with the mall as a customer before this mall was Main Place, when it was Bullocks, when it was Jorgensons, when it was Judy's, when it was, you know, other stores and the mall in Santa Ana. And then, you know, I just -- I'm with this mall. I want it. I want it bad so I'm excited. That's it. My e-mail is guida@roadrunner.com. 11. MR. VICTOR MOLLICA: One of the biggest concerns that I have is going to be traffic. Getting people in and out of this mall has always been a detriment to this mall. My mother used to work at Bullocks at the 55 so we've seen it all. We live on Bedford, which is the street over, so we see the flow of traffic holiday seasons and what we have always heard and what we've always known is that people have a difficulty finding parking, getting in and out of the mall is the biggest concern. All the people we've known that have worked Hahn & Bowersock, A Veritext Company 800.660.3187 Page 15 75D-482 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here, all the people that have come to shop here, you've only got three entrances. Now we explained to the gentleman over there, the CEO, there used to be an off -ramp here behind us. There is actually a piece of property which he says they have been trying to find the owner of it. That used to be an off -ramp and that off -ramp used to bring cars off the 5 Freeway directly into the mall and it was utilized 190 percent. It was there. It made access into the mall nice. It's no longer there, but we're only concerned is that people being able to get in and get out. And I know that one of the things you're trying to do is bring a living in here, which is good. That means people will work here and be here. They may not have to leave, get in a car drive and drive anywhere. We just added a bunch of residential -- we've got about 2600 people capable of moving in and living here in the mall and that's great. What we are trying to find is making sure that the traffic flow down Main Street, getting people through the traffic signals and everything as quickly as possible is being considered as part of the flow of bringing people in and bringing people out as quickly as possible with the least amount of frustration. Hahn & Bowersock, A Veritext Company 800.660.3187 Page 16 75D-483 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I can tell you one of the biggest problems that you have, which is the most frustrating for us, and that's that entrance right here on Bedford. That Bedford entrance which is used probably 80 to 90 percent of the time year-round just because people come from Garden Grove down Bristol to La Veta and come through Bedford, which is right in front of our house and it's just traffic that come and go. You've got Union Bank three -level parking structure. You've got them coming off and getting off work and that presents a problem for people coming into this mall. If they can focus on flow of traffic getting people in and out of this place, I think it will do that. I think people will be happy here. We can walk over here so it's no problem, but I wanted that to be a consideration to how they're going to bring people in and out of this place. That way they can enjoy it. You know, the sooner you can park, the sooner you can enjoy, the sooner you can leave, I think that's the happiness we all want. My email is: V_mollica@sbcglobal.net. Thank you. 12. MR. JASON QUEEN: I'm a resident across the street at City Place. I commute south every morning and I'm really excited about the project, but my number one concern is traffic. Hahn & Bowersock, A Veritext Company 800.660.3187 Page 17 75D-484 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I know that there are four separate projects around here. There is this one. There the 2525 Main Street. There is the one right across the street, and then there is one by Town and Country, all will be adding residents. And my only concern is that all of that additional traffic is taken into account for this project. Otherwise, I'm very excited about it. My E-mail is Jason@Jasonqueen.com. I do have one more thing. For the residential, I prefer condos over apartments. Thank you so much. 13. MR. PHIL SCHAEFER: First of all, I think it's a great project overall. I'm very happy to see the vision. Please, please, please bring a Trader Joe's here. We have been trying to get Trader Joe's in the north end of town. There is multimillion dollar homes across the freeway. We need somewhere good to grocery shop so I think that would be a very successful thing you can add to this. That's it. E-mail is my name, philschaeferl@gmail.com. 14. MS. SUE McDONALD: You've got to get the on ramps and off -ramps for the 5 Freeway behind here again. They used to be there. If you do that, then the traffic will take off back there instead of going down Main Street, which is Hahn & Bowersock, A Veritext Company 800.660.3187 Page 18 75D-485 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 too crowded. My email is: oldmcdonald@sbcglobal.net. 15. MS. KELLY MEDINA: Something has to happen. I'm trying to think of one. We live right over there in Park Santiago, which is just east of the Discovery Science Center, and on the corner across the street from there, they're trying to build high -density apartments which we really don't want. I would love it if they would strong arm the city council, and so forth, to put a kibosh on that and make this more the place. But also just adding in, I said it to the CEO who was not apparently aware of it, but they are going to close the carpool lane exit. That is a given. They are also going to change the way that it's working so there aren't going to be very many exits from the 5 Freeway to here and everything is going to have to come down Main Street or come off of the 22 Freeway. Those are really the only -- maybe -- maybe La Veta and Bristol, but that's a big pain in the rear, getting off there. And I'm thinking about the fact they already built these super high -density places here in Orange right across the street and that's where the only other places to get off the freeway are. I think that access -- right now I do anything Hahn & Bowersock, A Veritext Company 800.660.3187 Page 19 75D-486 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I can to avoid going down Main Street for this one mile because it has so many stop lights and people drive silly and they don't get through lights. No one is going to come here if you can't get through the traffic. The traffic is not going to be fun so it would be nice if they figured out a way to make it very accessible, and also deal with the homeless situation in the parks because we just live a mile but we don't like to walk here at a certain time of day because the people and characters we encounter on the way are iffy and not safe so -- don't you feel like that, Sue? MS. SUE McDONALD: We ran into them coming over. We walked. MS. KELLY MEDINA: At any rate that's why I drove. I didn't know what time I would be getting back. MS. SUE MCDONALD: You were shopping too. MS. KELLY MEDINA: So anyway, I would like it to be something like he made -- when I saw those pictures it made me think about that lima bean, that silver lima bean at Chicago, the area around it has a lot of walking and it has an open air theater, I noticed, venue and it has stores nearby. Just being out in those areas with fountains Hahn & Bowersock, A Veritext Company 800.660.3187 Page 20 75D-487 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and so forth, was very pleasant. There are lots of people there but, of course, you're going to need an overpass. That's it. Maybe an overpass, a pedestrian bridge over Main because they're not going to be able to cross. That stops up a lot of traffic. There are 4,000 apartments going in over there. They need something to make it like they did at South Coast Plaza so the people don't keep stopping the lights. Anything else you can think of? I've got all kinds of thoughts. Bring in Crate and Barrel. What are your thoughts, Sue? MS. SUE McDONALD: No, just traffic is mostly it. Part one, we'll focus on that. I like better stores in here. MS. KELLY MEDINA: And if there is some way to teach people good manners when they're shopping. They bring all of their kids, and so forth. We live in a dream world, I think. 16. MS. TRACY MATHENY: I would like you to bring Lands' End here as a retailer. Right now you can only get to them either via catalog or go to a Sears store. You get this (indicating) much instead of that (indicating) much, so I would love to see Lands' End. Hahn & Bowersock, A Veritext Company 800.660.3187 Page 21 75D-488 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I talked to your CEO and he's got a great vision, and I was really glad that I came because he -- he changed what I thought was going to happen here. He changed my mind about how I felt about it because I wasn't sure this is what I wanted, but understanding his vision, I'm excited now for what this is going to be. Thank you. My email is TracyMdesigns@gmail.com. I was feeling negative about the whole thing. I feel differently now. 17. MR. THOMAS CARTNEY: I would say that in general terms that I am very excited with regard to the prospect of redevelopment of this property and that it's understandable with the direction that retail is going, that to make this more of a multi -use project is awesome. Although, I don't feel that in the CEO's presentation that there was enough specifics with respect to, you know, if this is going to be a lifestyle designation. There is presently a gym here. There is presently a sort of adult activity, a bowling lane, pool table arcade thing, so on what scale, what other attractions. A brand new cinema, sure, that's fine. That's fantastic, but what else specifically is going to Hahn & Bowersock, A Veritext Company 800.660.3187 Page 22 75D-489 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be offered at what scale? And probably my greatest concern on a negative side of this is that I live in the neighborhood closest to this development and that the prospect of having 1900 more units of housing, a 400-key hotel, and the new retail and/or office space will definitely bring much more -- no, I'm doing court reporting -- I decided court reporting. I've taken -- where's the Bible. I'm supposed to do the oath thing; right? Yeah, she's the court reporter. She's taking -- I'm not photogenic among other things. We'd have to do a million takes. I stutter. But my main concern is with this development and many others that are between the crossroads of these two cities that what's not being taken into consideration is the traffic impact, quite frankly. There isn't capacity, you know. Even when I'm looking at the fact that present entitlements, they're saying there is going to be a reduction in trips. I don't even believe that. I can't believe that. That cannot be the case. It does not take into consideration any of the brand new apartments that are here and many other proposed projects. That's the one thing I'm highly skeptical about. And although I feel that this location is a Hahn & Bowersock, A Veritext Company 800.660.3187 Page 23 75D-490 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 very appropriate location for this type of development, our neighborhood is currently fighting a new 500-unit apartment building on a site adjacent to our single -story home community right off of the freeway. So, if anything, I would just hope that in the entitlement of this project that there -- there has to be some major master plan, or someone has to be overseeing for the welfare of all the residents here in the total amount of development that's happening, whether the infrastructure can even support it. Then I'm going throw in my architectural detail. Okay? They're so far away from the architectural stuff. It's minutia. It's minutia. I have a minutia issue. Then you can get your shot in on 2525 -- I found it interesting that they must have felt that the freeway facade of this current development with the huge gable projection is so iconic that they want to push it through to the street side over here, and that seemed kind of strange and silly to me that the real architectural bones of the site should be keyed off what used to be the Bonton building or the current Macy's building that it would seen to make sense to do a very upscaled mid-century modern type of approach to all the development as a unifying architectural theme. Hahn & Bowersock, A Veritext Company 800.660.3187 Page 24 75D-491 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That's my two cents about aesthetics and development. I do like the exterior of Macy's. It's incredible. I don't even mind the marble, and it should be preserved. That really is a very well designed facade. All right. 18. MR. DALE HELVIG: Let me just say that the project in itself overall, I like it. My concern is the amount of residential that will go in here and the traffic that will be created as a result of it. Not everybody that will be living and shopping in this area will be working in this area. And so Main Street and the freeway on and off -ramps are going to be of a concern because right there they're heavily congested. Those new developments are only going to add to that so I hope this project takes a look at the infrastructure that's going to be needed to be modified as a result of this project. But I do support the project so -- My email is: nsapainfo@gmail.com. I'm chairman of North Santa Ana Preservation Alliance. 949-525-8477. (End of proceedings at 7:30 p.m., Thursday, May 31, 2018.) Hahn & Bowersock, A Veritext Company 800.660.3187 Page 25 75D-492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Y� 25 CERTIFICATION OF CERTIFIED SHORTHAND REPORTER I, the undersigned, a Certified Shorthand Reporter of the State of California do hereby certify: That the foregoing proceedings were taken before me at the time and place herein set forth; that a verbatim record of the proceedings was made by me using machine shorthand which was thereafter transcribed under my direction; further, that the foregoing is an accurate transcription thereof. I further certify that I am neither financially interested in the action nor a relative or employee of any attorney of any of the parties. IN WITNESS WHEREOF, I have this date subscribed my name Dated: June 1, 2018 f= f Katherine Emerling, CSR Certificate Number 11157 Hahn & Bowersock, A Veritext Company 800.660.3187 Page 26 75D-493 [1 - bible] 1 1 2:3 3:6,9 26:18 10 2:12 14:2 11 2:10,13 15:15 11157 1:21 26:24 12 2:11,14 17:22 13 2:15 18:11 14 2:12,16 18:21 15 2:13,17 19:3 16 2:18 21:20 17 2:14,19 22:11 18 2:15,16,20 25:6 19 2:17 190 16:9 1900 3:10 5:10 7:21 23:4 1960 5:21 2 2 2:4 3:24 20 14:8,9 2000 5:21 2018 1:6 3:1,6 25:23 26:18 21 2:18 22 2:19 19:18 25 2:20 15:4 2525 18:2 24:15 2600 16:18 280 3:25 4:7 2800 1:13 3 3 2:3,4,5 6:20 31 1:6 3:1 25:23 4 4 2:6 7:15 4,000 21:6 40 5:20 400 23:5 :9 5 2:7 9:13 16:8 18:23 19:17 500 24:2 55 15:19 5:30 1:6 3:2 6 6 2:5,8 9:19 657-210-4732 5:19 7 7 2:6,9 9:22 77 5:6 7:30 25:22 8 8 2:10 11:1 80 17:4 9 9 2:7,8,9,1112:24 90 17:4 92705 1:14 949-525-8477 25:21 a able 5:22 10:11 12:6 16:12 21:5 access 6:14 16:10 19:25 accessible 20:6 account 18:6 accurate 26:11 action 26:14 active 11:4 activity 22:22 actual 7:1 ad 15:3 add 18:18 25:15 added 16:17 adding 18:419:12 addition 7:24 additional 18:6 addressed 7:19 12:8 adjacent 24:3 adult 22:22 advertised 15:4 aesthetics 25:1 age 5:6 ago 14:5,915:4,4 air 14:18 20:24 airplane 8:20 aisle 6:12 alliance 25:20 allow 4:17 amazon 10:1 amount 16:24 24:9 25:8 ana 1:14 3:1 5:12 10:9 11:5,17,18 15:10 25:20 anchor 13:23 annoys 5:12 anxious 11:8 anyway 14:24 20:20 aol.com. 12:18 apartment 24:3 apartments 4:8,9 18:10 19:8 21:6 23:22 apparently 19:13 appeal 4:21 appreciate 11:3,22 11:25 approach 24:24 appropriate 24:1 arcade 22:23 architectural 24:11,13,21,25 Hahn & Bowersock, A Veritext Company MY24 .487 architecture 13:4 13:8 area 10:4 13:16 20:23 25:11,12 areas 8:6 20:25 arm 19:9 asked 6:9 aspects 13:9,13 association 11:5 11:10 associations 11:18 attorney 26:15 attractions 22:24 avoid 20:1 aware 19:13 awesome 22:17 awful 12:4 b bachelor 4:10 back 3:14,14 6:6 14:9 18:25 20:16 backdoor 5:2 bad 15:12 ballast 10:14 bank 17:8 barbara 2:3 3:9 5:8,15 barbarajrussell 5:17 barrel 21:11 beach 5:4 bean 20:22,22 Bedford 15:20 17:3,4,7 bedroom 4:8 believe 23:20,20 bench 4:16 benches 4:15 better 9:18 21:15 bible 23:8 Page 1 [big - differently] big 3:20 5:25 6:4 19:20 biggest 12:2 15:16 15:24 17:1 bones 24:21 bonton 24:22 bought 3:19 bowling 22:22 boys 5:1 brand 22:24 23:22 breweries 10:12 brewery 10:14 briars 12:20 brick 3:19 bridge 21:4 bring 4:2311:23 14:18 16:7,13 17:16 18:14 21:11 21:18,21 23:6 bringing 16:23,23 bristol 17:6 19:20 build 19:8 building 3:20,20 3:25 4:12,14 12:5 24:3,22,23 buildings 8:3,10 8:11 9:16 built 9:1619:22 bullocks 15:8,19 bunch 16:17 bunny 4:23,24 buy 6:179:25 c california 1:14 3:1 12:10 26:6 call 6:14 called 13:1 campers 13:21 campus 13:1,12 capable 16:18 capacity 23:17 car 16:16 cards 12:21 carnival 9:5,5 carpool 19:14 carrera 2:9 9:22 cars 3:11 5:11 16:7 cart 6:11 cartney 2:19 22:11 case 23:21 catalog 21:23 cats 4:18,18 center 10:8 11:19 11:21 19:6 cents 25:1 centuries 5:23 century 24:24 ceo 16:4 19:12 22:1 ceo's 22:18 certain 20:9 certainly 8:7,9 certificate 26:24 certification 26:1 certified 26:3,5 certify 26:6,13 chairman 25:20 change 14:16 19:15 changed 22:3,4 characters 20:10 chicago 20:22 cinema 22:24 cities 23:15 citizens 11:19,21 city 11:7,2012:9 17:23 19:10 close 19:14 closest 23:3 coast 21:8 code 4:13 college 13:11 come 6:15 10:1 11:10 16:1 17:5,6 17:8 19:18,18 20:4 coming 17:9,11 20:13 comment 1:12 5:15 6:21 10:22 comments 3:8 11:3 communications 12:21 community 12:22 24:4 commute 17.24 company 11:8 completely 13:5 complex 11:21,24 compliment 13:24 concern 15:24 17:25 18:5 23:2 23:13 25:8,13 concerned 7:20 9:23 12:6 16:11 concerns 15:16 condos 18:10 congested 25:14 consideration 17:15 23:16,21 considered 16:22 corner 19:7 council 19:10 country 18:4 couple 14:12 course 21:2 court 23:7,7,10 crate 21:11 Hahn & Bowersock, A Veritext Company 7vD6460v7 created 25:10 cross 21:5 crossroads 23:14 crowded 19:1 csr 1:20,2126:23 curious 8:23 9:2 current 24:17,22 currently 24:2 customer 15:7 d d 2:1 dale 2:20 25:6 date 26:16 dated 26:18 day 10:21 20:9 deal 20:7 decided 23:7 definitely 13:24 23:6 delivery 3:6 density 19:8,22 department 1:12 describes 10:3 designation 22:21 designed 25:4 detail 24:12 deteriorate 9:1 detriment 15:18 developed 12:16 development 12:25 13:20 23:4 23:13 24:1,9,17,25 25:2 developments 25:14 diamond 2:5 6:20 difference 5:25 different 6:24 8:14 8:15 13:5,23 differently 22:10 Page 2 [difficulty - going] difficulty 15:23 dining 10:24 direction 22:15 26:11 directly 16:8 discovery 19:6 disjointed 8:22 disney 10:13 district 5:21 dog 4:12,14,14 doggie 4:15 dogs 4:11,17,19 doing 11:9 23:7 dollar 18:16 downtown 5:12 10:13 dreadful 14:11,11 dream 21:19 drive 10:2516:16 16:16 20:2 drove 20:15 e e 2:1 14:1 15:14 18:8,20 earlier 5:1 east 19:6 easter 4:23,24 easy 6:10 edgewater 9:15 eight 11:17 either 21:22 elements 8:14,15 9:1 ellen 2:5 6:20 email 5:15,16 7:14 9:8 12:18 17:20 19:2 22:8 25:19 emerling 1:20 26:23 employee 26:15 emscandrett 12:18 encounter 20:10 enjoy 10:21 17:17 17:18 entering 4:10 entertainment 10:6,9,10,17,24 entitlement 24:6 entitlements 23:18 entrance 17:3,4 entrances 16:2 eric 2:1011:1,2 everybody 12:17 25:10 exactly 10:2 excellent 13:20 excited 12:1514:3 14:14,24 15:12 17:24 18:7 22:6 22:13 exciting 14:13 exit 19:14 exits 19:16 expedited 3:5 experience 10:24 14:16,25 15:6 explained 16:3 exterior 25:2 extra 4:17 extremely 12:6 f facade 24:17 25:5 faced 12:3 fact 12:1,1519:21 23:18 facts 7:11 family 4:1110:18 fantastic 22:25 far 9:23 10:15 13:17 24:12 fee 4:17 feedback 9:8,10 13:22 feel 7:9,10 10:15 10:19,23 11:11 20:11 22:9,18 23:25 feeling 22:9 felt 22:4 24:17 fighting 24:2 figure 3:11 5:10 figured 20:6 finally 8:16 financially 26:14 find 14:2316:6,20 finding 15:23 fine 22:24 firm 4:10 first 4:25 7:19 11:3 18:12 flashed 6:19 floor 1:13 floral 14:17 flow 15:21 16:20 16:23 17:11 focus 10:2317:11 21:15 folks 11:13 food 10:12 13:19 foregoing 26:7,11 former 1:11 forth 19:10 21:1 21:19 26:8 forward 9:14 14:25 found 24:16 fountains 20:25 four 18:1 frankly 23:16 freeway 8:10 14:17 16:8 18:16 Hahn & Bowersock, A Veritext Company 751504t.gK 18:23 19:17,18,24 24:4,17 25:12 friday 3:6 friends 4:1710:11 10:18 front 17:7 frustrating 6:16 17:2 frustration 16:25 full 13:15,15 fun 10:20 20:5 further 12:16 26:11.13 gable 24:18 garden 5:2017:6 gate 4:13,14 general 22:12 gentleman 16:3 getting 5:3 7:10,10 7:11 10:13 11:13 15:17,23 16:21 17:10,12 19:20 20:16 give 6:14 9:9,15 12:20 13:3 given 19:14 glad 22:2 glover 3:5 gmail.com. 18:20 22:8 25:19 go 4:4,8 5:13 6:17 6:24 7:4 8:8 10:6 10:7,7,11,18,20 17:8 21:23 25:9 goes 4:9 going 3:21 4:21 6:10,13 7:6,11,23 8:4 9:17 10:18,20 11:9 12:5,12,15 14:4,18 15:1,17 Page 3 [going - letter] 17:15 18:25 19:13 19:15,16,17 20:1,4 20:5 21:3,5,6 22:3 22:6,15,20,25 23:19 24:11 25:13 25:15,16 good 7:18 10:21 16:14 18:17 21:17 google 13:2 gotten 14:11 great 4:3 7:11,17 13:3 15:2,3 16:19 18:12 22:1 greatest 23:2 grocery 18:17 group 12:19 grove 5:20 17:6 guess 7:22 guests 7:23 guida 2:12 14:2 15:14 evm 22:21 h h 2:6 7:15 handicap 6:11 handicapped 6:14 handled 12:13 haphazard 8:18 happen 11:1512:2 14:4 19:4 22:3 happened 14:12 happening 14:14 24:9 happiness 17:19 happy 13:21 17:13 18:13 heard 15:22 heavily 25:14 heck 5:12 height 8:3,10,11 held 1:6,11 help 11:12,13 helpful 9:7 helping 12:22 helvig 2:20 25:6 hey 4:3 hi 11:2 high 3:15 14:6 19:8,22 highly 23:23 holiday 15:21 home 6:6 24:4 homeless 20:7 homes 18:16 hope 14:25 24:5 25:15 hopefully 9:14 hospital 6:6 hotel 7:5,25 23:5 house 17:7 household 7:23 housing 13:10 23:5 huge 24:18 huntington 5:4 husband 14:24 i iconic 24:18 idea 5:9 6:23 13:19 ideas 7:18 idiot 6:8 iffy 20:10 imagine 6:8 impact 23:16 important 6:16 included 11:12 including 4:11 incredible 25:3 indicating 6:12,12 21:24,24 infinite 10:21 influence 13:22 information 6:23 7:2 infrastructure 24:10 25:16 interested 11:15 26:14 interesting 13:4,9 24:16 intimate 15:6 intrusive 8:5 inviting 4:4 issue 3:17 5:14 12:3,7 24:14 issues 12:4 Italian 13:8 janelle 2:7 9:13 jason 2:14 17:22 18:8 jasonqueen,com. 18:8 Jeff 2:11 12:24 jeffmarz 14:1 jobs 4:21 joe's 13:2,1518:14 18:15 johnson 2:7 9:13 jorgensons 15:8 juan 2:9 9:22 judy's 15:8 june 3:6 26:18 justin 3:5 k karl 10:13 katherine 1:20 26:23 keep 6:2 9:20 21:8 Hahn & Bowersock, A Veritext Company 70249T keeps 9:4 kelly 2:17 19:3 20:14,19 21:16 key 23:5 keyed 24:21 kibosh 19:10 kids 4:23 8:20 21:19 kind 8:18,1913:4 13:8,19 24:20 kinds 4:20 21:11 know 4:4,6,20,21 4:24 5:24 6:3 8:8 8:11,21,23 9:2,8 9:23,25 10:1,6,10 11:9,13,16 12:1 13:4,5,23 14:10,14 14:18,20,23 15:9 15:11 16:13 17:17 18:1 20:15 22:20 23:17 knowing 7:8 known 15:22.25 l.a. 10:7 la 17:6 19:19 lab 12:21 lands 21:21,25 lane 19:14 22:22 law 4:10 layout 7:3 learn 5:7 lease 11:20 leash 4:16 leave 9:21 16:15 17:18 leaving 9:8 left 3:13 7:8,13 lends 13:11 letter 6:2 Page 4 [level - orange] level 17:9 life 13:12 lifestyle 22:20 lights 20:2,3 21:9 lima 20:22,22 literally 10:5 little 6:22 live 3:25 10:4 11:14 14:16,25 15:20 19:5 20:8 21:19 23:3 lived 14:5,5,8 living 13:1616:14 16:18 25:11 locally 12:23 located 12:23 location 23:25 24:1 lochrie 12:20 long 6:114:10,25 longer 16:11 look 3:14 13:22 25:16 looking 7:17 9:4,8 9:14 14:24 23:17 looks 6:18 8:18 9:5 lot 7:1,10,118:1 8:24 11:12,23 12:4 13:21 14:10 20:23 21:5 lots 21:2 love 6:1,919:9 21:25 In machine 26:10 macy's 24:23 25:2 magazine 15:5 mail 14:1 15:14 18:8,20 main 1:1,11,13 4:2 5:15 8:9 9:15,20 15:7 16:20 18:2 18:25 19:18 20:1 21:4 23:13 25:12 maintain 8:1 maintaining 9:3 maintenance 8:25 9:2 major 12:4 24:7 making 16:20 mall 1:1,11 3:13 7:18,24 8:7,22 9:20,24 10:16,19 10:20 11:15 13:12 14:4,5,6,9,15,21 15:4,6,7,9,12,18 15:18,24 16:8,10 16:19 17:11 manners 21:18 map 7:3,13 8:13 marble 25:3 martinet 2:11 12:24 master 24:7 matching 13:6 matheny 2:18 21:20 matter 1:5 mcdonald 2:16 18:21 20:12,17 21:13 mean 3:18,23 4:2 6:23 7:12 means 16:14 medina 2:1719.3 20:14,19 21:16 meet 13:16 meeting 1:6,11 6:22 7:9 meetings 6:25 11:11 met 4:10 5:1 microsoft 10:8 mid 24:24 mile 11:14 20:1,8 million 23:12 mind 3:18,22 22:4 25:3 minimum 5:11 minutia 24:13,13 24:14 mitigate 12:7 modern 13:7,7 24:24 modified 25:17 mollica 2:1315:15 17:20 moons 14:5 morning 6:417:24 mother 15:19 moved 5:4 14:8 moving 16:18 multi 22:16 multimillion 18:16 n n 1:13 2:1 name 6:7 9:20,21 11:2 12:19 18:20 26:17 nearby 3:19 8:4 20:25 need 11:16 12:12 18:17 21:3,7 needed 25:17 needs 10:2312:2,8 12:16 negative 11:25 22:9 23:2 neighborhood 9:17 11:5,10,17 23:3 24:2 Hahn & Bowersock, A Veritext Company 756-469s7 neighborhoods 8:2 11:6 neither 26:13 neuville 2:4 3:24 4:25 5:18 new 5:3,6,714:12 22:24 23:5,22 24:2 25:14 nice 6:23 13:13 16:11 20:5 nordstrom 1:11 north 11:16 18:15 25:20 noticed 20:24 novo 10:8 nowadays 10:16 10:19 nsapainfo 25:19 number 5:3,5,7,18 17:25 26:24 0 oath 23:9 observations 9:11 observatory 10:9 offered 23:1 office 3:20 7:25 23:6 okay 6:3 13:25 14:9 24:12 old 5:5 oldmcdonald 19:2 once 11:8 online 9:2510:1 open 20:24 opened 14:6 opportunity 11:4 11:25 opposed 10:18 12:13 13:12 orange 10:419:22 EM [organized - right] organized 11:6 outdated 9:25 outreach 12:22 overall 18:13 25:8 overflowing 8:2 overpass 21:3,4 overseeing 24:8 overview 8:13 owner 14:12 16:6 p.m. 1:6 3:2 25:22 pad 5:1 page 2:2 pain 19:20 park 3:14,164:12 4:14,15 14:17 17:17 19:5 parking 3:11,12 3:14,15,16 4:6 5:14 7:20,23,24,24 8:1 15:23 17:9 parks 20:7 part 11:6,18 16:23 21:14 participants 2:2 parties 26:15 partly 12:10 pedestrian 21:4 people 4:2,20 6:10 10:25 11:14,22,24 12:6,12 14:16,17 14:23 15:17,23,25 16:1,12,14,18,21 16:23,24 17:5,11 17:12,13,16 20:219 21:2,8,17 percent 16:9 17:4 persons 13:16 Phil 2:15 18:11 philschaefferl 18:20 phone 5:5,5,18 photogenic 23:11 photos 13:4 pictures 20:21 pie 12:13 piece 16:5 place 1:1,11 8:9 9:4,20 10:9 15:7 17:12,16,23 19:11 26:8 places 19:22,24 plan 8:12 24:7 planned 7:219:3 planning 8:14,15 plaza 21:8 pleasant 21:1 please 18:13,14,14 plenty 9:16 plus 7:23 point 10:14 pool 4:1,11 22:22 population 4:9 positive 5:9 possible 16:22,24 potential 7:3 prefer 18:10 present 23:18 presentation 22:19 presently 22.21,22 presents 17:10 preservation 25:20 preserved 25:4 president 6:2 pretty 15:6 private 4:12 probably 12:2 17:4 23:2 problem 5:11 17:10,14 problems 17:1 proceedings 25:22 26:7,9 project 1:17:2,17 11:12 17:25 18:7 18:12 22:16 24:6 25:7,15,17,18 projection 24:18 projects 18:1 23:23 promising 14:13 properties 3:19 property 3:22 16:5 22:14 proposed 23:23 prospect 22:13 23:4 psychological 12:11 public 1:6 2:2 3:8 punch 4:13 push 24:19 put 5:15,16 8:15 19:10 queen 2:1417:22 questions 6:25 quicker 9:1 quickly 16:22,24 quite 8:20 23:16 nuon 2:12 14:2 r ramp 16:4,7,7 ramps 18:22,22 25:13 ran 20:13 rate 20:15 real 24:21 really 4:3 6:18 7:8 7:10 8:6,13,18 Hahn & Bowersock, A Veritext Company 7 6bt9 9:17 11:15,22 13:9,13,20 17:24 19:8,19 22:2 25:4 rear 19:20 reason 5:23 record 26:9 redevelopment 22:14 reduction 23:19 reference 12:25 13:3 regard 22:13 regarding 7:18 relates 8:21 relative 26:14 renaissance 13:8 reported 1:19 reporter 23:10 26:3,6 reporting 23:7,8 requires 12:10 resident 17:23 residential 7:4,21 8:4,6,8 14:20 16:17 18:9 25:9 residents 11:11 13:17 18:5 24:8 respect 22:20 restaurants 5:13 10:24 result 25:10,17 retail 7:5 10:15,25 22:15 23:6 retailer 21:22 retire 5:23 retired 5:19,21 retirement 5:25 return 10:2 reviews 13:19 right 7:6 8:6,17 9:5 12:16 13:17 Page 6 [right - telephone] 17:3,7 18:3 19:5 19:23,25 21:22 23:9 24:4 25:5,13 rise 3:15 roadrunner.com. 15:14 round 17:5 ruin 9:17 run 9:15 russell 2:3 3:9 5:8 5:15 s safe 20:10 sally 2:4 3:24 4:25 5:18 santa 1:14 3:1 5:12 10:9 11:5117 11:18 15:10 25:20 santiago 19:5 saw 9:11 20:21 saying 4:2 6:13 7:5 23:18 says 16:5 sbcglobal.net. 17:20 19:2 scale 22:23 23:1 scandrett 2:10 11:1,2 Schaefer 2:15 18:11 school 5:19,20 schools 13:6 science 19:6 scratch 4:19 sears 21:23 seasons 15:21 second 1:13 8:3 10:16 sections 7:4 see 3:20 4:24 5:10 7:19,20 8:6,9,16 10:3,10 12:12,17 15:21 18:13 21:25 seeing 8:1711:15 seen 8:4 15:19 24:23 sell 15:3 senior 11:19,21 sense 13:24 24:23 separate 18:1 set 26:8 seven 11:17 sherry 2:6 7:15 shop 10:19 16:1 18:17 shopping 10:1,25 13:11 20:18 21:18 25:11 shorthand 26:3,5 26:10 shot 24:15 shut 9:15 side 6:13 23:3 24:19 sign 5:1 signals 16:21 signature 26:22 signed 5:16 7:14 silly 5:24 20:3 24:20 silver 20:22 single 24:4 sit 4:16 site 24:3,21 situation 20:7 size 13:15,15 skeptical 23:24 sky 12:13 small 13:14,16 someplace 6:17 sooner 17:17,18 17:18 sort 8:16 22:22 south 17:24 21:8 space 3:21 15:3 23:6 speaker 2:8 9:19 specifically 22:25 specifics 22:19 spelled 6:7 sponsored 13:2 spot 9:18 spots 10:12 start 6:13 14:3 started 5:21 state 12:9 26:6 station 1:12 stations 6:24 statistics 12:14 stop 20:2 stopping 21:8 stops 21:5 store 1:12 13:23 21:23 stores 13:14,24 14:7,10 15:9 20:24 21:15 story 24:4 strange 24:20 strauss 10:13 street 1:13 4:1,5 4:22 12:5,5 13:18 15:20 16:21 17:23 18:2,3125 19.7118 19:23 20:1 24:19 25:12 strong 19:9 structure 17:9 structures 3:15 4:7 7:25 struggling 12:17 studio 4:8 Hahn & Bowersock, A Veritext Company 7515056U stuff 8:2510:11,14 10:15,22 24:13 stutter 23:12 subscribed 26:17 successful 14:6 18:18 sue 2:16 18:21 20:11,12,17 21:12 21:13 sufficient 8:1 sunshine 6:22,25 7:9 super 19:22 support 11:13,23 24:10 25:18 supposed 6:21 23:9 sure 5:8 6:15 7:25 8:19,20 9:9,10 16:20 22:5,24 surrounding 8:5,7 survevs 12:8 t table 22:23 take 4:15,15 5:5 9:20 18:24 23:21 takeaways 7:13 taken 18:6 23:8,15 26:7 takes 23:12 25:16 talk 4:16 11:10 talked 22:1 talking 4:1 tall 3:20 target 13:2,15 taught 5:19,20,22 teach 21:17 teacher 5:19 teaching 6:1 telephone 5:3,7 Page 7 [tell - young] tell 3:12 7:16 17:1 terms 8:22,23,25 9:1 11:12 22:12 test 6:15 thank 9:1217:20 18:10 22:7 theater 20:24 theme 8:17,19,22 8:23 9:3 24:25 thereof 26:12 thin 6:22 thing 4:2,20 5:2 6:4,9 12:11 18:9 18:18 22:9,23 23:9,23 things 5:13 6:15 7:19 9:11 10:17 16:13 23:11 think 3:11,23 7:16 7:17 9:6 11:16,22 11:22,23,24 12:1 14:19 17:13,13,18 18:12,17 19:4,25 20:21 21:10,19 thinking 19:21 thomas 2:19 22:11 thought 9:7,10 13:19 22:3 thoughts 21:11,12 three 4:8 16:2 17:9 throw 24:11 thursday 1:6 3:1 25:22 time 6:3 10:21 17:5 20:9,16 26:8 times 3:13 6:5 tonight 14:22 total 24:9 totally 14:15 town 18:4,15 tracy 2:18 21:20 tracymdesigns 22:8 trader 13:2,15 18:14,15 traditional 13:7 traffic 12:3,4,7 14:19 15:17,21 16:20,21 17:8,12 17:25 18:6,24 20:4,5 21:6,14 23:16 25:9 transcribed 26:10 transcript 3:5 transcription 26:12 transformation 1:1 trips 23:19 trump 6:3 trying 5:7 6:17 10:6 16:6,13,19 18:15 19:4,8 turns 5:24 tweeted 6:4,5 tweets 6:3,7 two 3:11 4:11 5:10 5:22 7:22 23:15 25:1 Noe 24:1.24 u ultra 13:7 undersigned 26:5 understand 12:9 14:15 understandable 22:15 understanding 22:5 unified 5:20 unifying 24:25 union 17:8 unit 3:11,25 5:11 8:20 24:2 units 3:10 4:7 5:10 7:21 23:5 updated 9:4 upkeep 9:2 upscaled 24:24 use 13:1,1,18 use 22:16 usually 7:22 utilized 16:8 v v 17:20 vehicles 7:22 venue 10:7 20:24 verbatim 26:9 veta 17:6 19:19 victor 2:13 15:15 videos 8:17 village 13:1,18 vision 18:13 22:2,6 visually 8:5 _ IT waited 5:23 walk 4:5,2217:14 20:8 walked 20:13 walking 20:23 want 4:4 5:8 7:16 9:9 11:2 15:12,12 17:19 19:9 24:19 wanted 5:2217:15 22:5 wanting 6:2 way 3:10 10:7 17:16 19:15 20:6 20:10 21:17 Hahn & BowerssoL�ck, AVeritext Company 7db.&J7 we've 15:19,22,25 16:17 welfare 24:8 west 14:17 whereof 26:16 wide 6:12,16 wife 6:6 witness 26:16 wonderful 6:5 work 11:5 15:19 16:15 17:10 worked 11:2015:5 15:25 working 19:15 25:11 works 4:14 world 21:19 worry 4:6 write 6:2 wrong 6:7 x I x 2:1 1 yahoo.com. 5:17 14:1 yeah 23:10 year 17:5 years 5:20 14:9,9 14:13 15:4,4 young 4:9 9:24 Page 8 MAINPLA E TRANSFORMATION PROJECT Report on Sunshine Ordnance Meeting IT MainPlace Malt CENTENNIAL LOLLFCTIOH. c 0 CL 0 a C 0 Q 0 0 IS " yk cs pn� ® W c- 75D-504 3 2 _ 2 � U � �� 4 0 \ E 3 3 ƒ a 75D.505 A tJ R OR u't C E G l.1 x r- nr v ro C aJ O .r ro .9c 75 O O O a to ut D C d E C y GA to L6d O to 4n a cc L .91 is aj 4A iL u u W CL W to I H r" 75D-506 p� V t C im c w E a L O cu E 10 IL7 w ti d e® CL C .C� �w M r In F f� 1= u ti Ct C a 7 ra m E C m a) IA m JS a 75D-507 0 iJ C d � d °! 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LA 7 E 0 0 a u a 2 c `o e m r a to a C d O ,G Rt O C dt G. w mu m w a a I m IA CA G7 'O 0 %,V) 75D-522 a 3 d 9-1 Im I MAINPLACE TRANSFORMATION- PROJECT Report on Sunshine Ordinance Meeting u MainPlace Mall CENTENNIAL COLLECTION May 31, 2018 Public Meeting, Centennial Real Estate Comments given by video: https://youtu.be/bqCzi2Brs84 75D-525 NIAINPLACE TRANSFORMATION PROJECT Report on Sunshine Ordinance Meeting r i At MainPlace Mall CENTENNIAL COLLECTION . - C u \AQq. � 1 � `` 75D-528 o o V o t � d � a 4 0 d C �y d li I Eo Z ( d P P z 9 75D-529 75D-530 75D-531 On 75D-532 IVAm is .0 2tw O a w • 'O a w c '6 �p 75D-533 O a w • 'O a w c '6 �p 75D-533 75D-534 EXHIBIT 8 75D-535 ko s m olpunies MAINPLACE MIXED -USE PROJECT: APARTMENTS, HOTEL, AND RETAIL Net Fiscal Impact & Economic Benefit Analysis SANTA ANA, CA Prepared For; Centennial Real Estate Company, LLC 8750 North central Expressway, Suite 1740 Dallas, TX 75231 kosm;a,, 1601 N. Sepulveda Blvd. #382 Manhattan Beach, CA 90266 www,kosmont.com December 2018 75D-536 kosi4q... December 31, 2018 Mr. Oliver Robinson Centennial Real Estate Company RE: MalnPlace Market, Fiscal and Economic Benefit Analysis Kosmont & Associates, Inc. doing business as Kosmont Companies ("Consultant" or "Kosmont") Is pleased to present our Fiscal and Economic Benefit Analysis ("Analysis") for Centennial's proposed MalnPlace redevelopment plan ("Project") located at 2800 N. Main Street in Santa Ana, California. Background Centennial Real Estate Company, UC ("Developer") is seeking entitlements from the City of Santa Ana ("City") to develop a mixed -use project on the 50-acre Site. As part of the entitlement process, the City requested an analysis to examine retail market trends and to evaluate the net fiscal and economic impacts of the proposed Project. The proposed development will consist of apartments, hotel, retail and commercial office space. These elements as well as additional improvements are further described in the Analysis. Analysis Description The Analysis evaluates net fiscal revenues and expenditures for the City, as well as direct, indirect, and induced economic benefits to the local economy resulting from the development of the proposed project. The fiscal revenues were derived from estimating the various taxes associated with the Project Including property taxes (secured and unsecured), business taxes, franchise taxes, onsite and off -site retail sales taxes, and hotel transient occupancy taxes. The fiscal expenditures were derived from a per capita allocation ratio applied to estimated project occupants based on the 2016-17 Financial Report for the City of Santa Ana. In the most recent election, The City of Santa Ana voters approved Measure X, which will increase the retail sales tax rate for 10 years by 1.5%, beginning in 2019. The Initiative provides for a 0.5% reduction in 2029 where it will stay for 10 additonal years before expiring. 75D-537 sJko nice Table of Contents Section Page 1.0 Executive Summary ...._4 2.0 Project Description.............................................................................................................8 3.0 Retail Market Trends ...... ............... .......................................................................... ........ 12 4.0 Construction Period ........................................................................................................20 5:0 Fiscal Impacts ....................21 6.0 Economic Impact & Job Benefits...................................................................................31 Index of Exhibits Exhibit 1.1.1: Economic Benefits from Construction..........................................................5 Exhibit 1.1.2: Economic Benefits from Operations............................................................6 Exhibit2.1.1: Local Map....................................................................................................9 Exhibit 2.1.2: Project Site Map.........................................................................................10 Exhibit 2.2.1: Preliminary Site Plan..................................................................................11 Exhibit 3.2.1: Global e-Commerce Sales.........................................................................13 Exhibit 3.2.2: Global Digital Buyers ............. :................................................................... 13 Exhibit 3.2.3: e-Commerce Retail Sales as a Percentage of Total Sales........................14 Exhibit 3.2.4: Major Chain Store Closures.......................................................................14 Exhibit 3,3.1: Concept of Baldwin Hills Crenshaw Mall Redevelopment .........................16 Exhibit 3.3.2: Baldwin Hills Crenshaw Project Summary.................................................16 Exhibit 3.3.3: Concept of Five Lagunas Redevelopment ........ ......... :................... ............ 17 Exhibit 3.3.4: Five Lagunas Project Summary ............................................. .................... 18 Exhibit 3.3.5: Concept of Westfield Promenade Redevelopment....................................16 Exhibit 3.3.6: Westfield Promenade Project Summary ....................................................19 Exhibit 4.1,1: Development Cost Estimate......................................................................20 Exhibit 5.2.1: Property Taxes...........................................................................................22 Exhibit 5.2.2: Property Tax In -Lieu of VLF.......................................................................23 Exhibit 5.2.4: Sales Tax (On-Site/Direct) .........................................................................24 Exhibit 5.2.5: Sales Tax (Off-Sitelindirect).......................................................................25 Exhibit 5.2.6: Hotel Visitors Tax.......................................................................................26 Exhibit 5.2.7: Franchise & Business Taxes.....................................................................27 Exhibit 5.2.8a: City Service Population............................................................................28 Exhibit 5.2.8b: Summary of Annual Net Fiscal Impacts: Phase 1...................................29 Exhibit 5.2.8c: Summary of Annual Net Fiscal Impacts: Full Project...............................30 Exhibit 6.2.1: Economic Benefits from Construction........................................................32 Exhibit 6.3.1: Economic Benefits from On -going Operations..........................................33 75D-538 MainPlace Mall Not Fiscal Impact end Economic Analysis December 2018 Page 4 of 33 1.0 Executive Summary Santa Ana has achieved relative economic success compared to many other California cities, with the local unemployment rate (4.5%) below the state averages. Reflective of its strong economic character, Santa Ana is the corporate headquarters for several major companies including: Behr Paint, First American Corporation, Greenwood & Hall, Ingram Micro, and STEC. It also houses regional headquarters for Xerox, T-Mobile, and Ultimate Software. Despite its current strength, economic growth in the region has been sluggish over the past decade. It was not until 2016 that taxable sales ($4.1 billion) within the City surpassed 2008 pre - recession level of $3.9 billion. Santa Ana's future faces significant economic challenges, as the digital economy converts the lifestyles and social patterns of society. Today's consumers Increasingly utilize online websites for the purchasing of clothes, shoes, and other soft goods that Impact major department stores, As this competition increases, retail chains continue to withdraw from traditional retail spaces; impacting even the most vibrant of communities and retail centers. The result of these forces is the need for the public and private sector to rethink traditional approaches to retail land uses. The Millennial generation, with their Increased use of media and digital communication, no longer seek collections of retail stores. Instead, young consumers Increasingly desire gathering places with stores, restaurants and entertainment venues. Millennials are not the only segment of the population with such desires. According to many economic theorists, the creative class of professionals (artists, designers, scientists, musicians, and programmers) represent another key force in this economic development. This dynamic workforce Is attracted to communities with urban environments and clustered centers, which provide a sense of vitality, diversity, convenience as well as a balanced mix of work, entertainment, services, art and culture. Taking stock of these trends, it is apparent that today's economic forces demand approaches to land use and development that involve a diversification of uses and densities, as well as concepts for public amenities and private attractions that help cities capture consumer trips and thus "sales" sufficient to retain vibrant commercial districts. MainPlace Built in 1987, MainPlace recently lost its major anchor tenant, Nordstrom's and is facing significant competitive challenges to remain a viable regional mall for the economic benefit of the City of Santa Ana. Although the mall is generating over $2 million in annual sales taxes based on City's 1% share, 12-month average annual retail sales are down over 20% as a result of Nordstrom closure. Interestingly, the Macy's store saw no uptick In sales following Nordstrom departure. The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses kosnto,,,,. are projections only. Actual results may differ from those expressed in this analysis. 75D-539 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 5 of 33 Centennial Real Estate wants to transform the existing MainPlace Mall into a "blended -use" village. This study is being commissioned as part of the entitlement effort for development rights for approximately 2 million square feet of hotel, residential and office space, in addition to attracting a 100,000 square foot entertainment anchor that is education oriented and will bring over 1 million children each year to participate in a full day of fun and educational activity, encouraging parents to spend time at the mall after dropping them off. Fiscal Benefits The redevelopment of MainPlace will bring significant fiscal benefits to the City of Santa Ana. Buildout of Phase 1 alone is estimated to generate over $6.6 million in new General Fund revenues annually, with a net fiscal Impact of $5.0 million. Measure X will result in an additional $2.1 million in net revenues thru 2028, and $1.4 million from 2029 through 2038, At full buildout, the City could expect to see $9.3 million In new annual revenue, with a net fiscal impact of $6.5 million, after allowance for municipal service costs. Measure X will result in an additional $2.4 million in net annual revenues thru 2028 and $1.6 million from 2029 through 2038, as shown below. Exhibit 1.1.1 r Fiscal Benefits from Annual Operations Phase 1 Full 8uildout� Fiscal Revenues Annual Gross Fiscal Revenues $6,607,900 $9,295,500 Fiscal Expenditures Annual Gross Expenditures $1,573,786 $2,781,376 NET FISCAL IMPACT Annual Net Fiscal Total With Measure X 2019-2028 With Measure X 2029-2038 $5,034,100 $7,134,000 $6,434,000 $6,514,100 $8,914,000 $8,114,000 koJA� The analyses, projections, assumptions, and any examples presented herein are for I , _Illustrative purposes and are note guarantee of actual and/or future results, -Taxanalyses are projections only. Actual results may differ from those expressed In this analysis. 75D-540 MainPlace Mail Net Fiscal Impact and Economic Analysis December 2018 Page 6 of 33 Economic Benefits The redevelopment of MainPlace will bring significant economic benefits to the City of Santa Ana and Orange County. Buildout of Phase 1 alone is estimated to require over $700 million in new capital investment. Exhibit 1. 1. 2: Economic Benefits from Constnrntinn Phase One Direct (On -Site) Indirect Induced Employment 3,635 1,389 1,512 Labor Income $356,972,000 $96.421,000 $88,909,000 Economic Output $730,713,000 $216,051,000 $235,036,000 Total Countywide 6,536 $541,302,000 $1,181 799 000 Estimated City Capture 3,934 $375,068,000 $777,190,000 Full Project Direct (On -Site) Indirect Induced Employment 7,189 2,615 2,971 Labor Income $704,094,000 $184,310,000 $174,678,010 Economic Output $1,421,181,000 $412,966,000 $461,781,000 Total Countywide 12,775 $1,063,083,000 $2,295,928,000 Estimated City Capture 7,764 $741,062,000 $1,511,310,000 Cnum— MAM A11 V......-__� n ���,111.1P.1u".mpanias (wic) Phase 1 construction is estimated to provide over 3,600 FTE jobs on site, with a total of 6,500 jobs countywide ($540 million in wages), including indirect and induced impacts. By full buildout, the Project could be responsible for over 12,700 full time person years of employment — yielding $1 billion in wages in today'$ dollars, Operations Phase 1 stabilized operations is estimated to provide approximately 1,143 jobs on site, with a total of 1,551 jobs countywide ($71 million in wages), including indirect and induced impacts. After full buitdout, the Project could be responsible for over 5,400 jobs in the County — yielding $400 million In wages in today's dollars, The analyses, projections, assumptlons, and any examples presented herein are for IcosIM94— illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses are projections only. Actual results may differ from those expressed in this analysis. 75D-541 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 7 of 33 Exhibit 1.1.3: Economic Benefits from Annual Onarations Phase One Direct (On -Site) Indirect Induced Employment 1,143 209 200 Labor Income $45,583,000 $13,722,000 $11,746,000 Economic output $130,263,000 $32,902A00 $31,061,000 Total Countywide 1551 $71052000 $200,2271000 Estimated City Capture 1,185 $48,207,000 $142 854,000 Direct (On -Site) Indirect Induced Employment 3,425 877 1.124 Labor Income 279,198,000 54,594,000 6e,147,000 Economic Output 439,342,000 120,188,000 174,918,000 Total Countywide 6,426 399,939,000 734,448,000 Estimated City Capture 3,631 291,638,000 469,748,000 Source: IMPLAN, Kosmont Companies (2018) Lessons Learned Many communities and malls have begun to adapt to the new realities of retail, This report examines three similar malls In Southern California in the process of redeveloping their sites Into mixed or "blended -use" developments by Incorporating office, hotel, and residential uses. The Baldwin Hills Crenshaw Plaza was first opened in 1947 and has served as a key commercial center in central Los Angeles ever since, In June, the Los Angeles City Council approved a redevelopment plan to create a mixed -use entertainment center. 'r Laguna Hills Mali is being reconfigured as a mixed -use redevelopment project in Orange County, due to the loss of all major anchor tenants, The Westfield Promenade in Woodland Hills has suffered from high tenant vacancy, so the owners have filed a proposal to demolish the existing structure and replace It with a 34-acre mixed use project including hotels, residential units, office space, and an entertainment center. With a loss of over 8,000 retail stores nationally in 2017, mall owners are unable to find new tenants for vacant spaces, showing the critical importance of investing In a strategy to diversify the types of land uses, such as apartments, with pedestrian -friendly promenades and open spaces, outdoor dining, and entertainment and retail, all within a unified site. The analyses, projections, assumptions, and any examples presented herein. are for kosiMiig11-Illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses are projections only. Actual results may differ from those expressed In this analysis. 75D-542 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 8 of 33 2.0 Project Description 2.1 Location City of Santa Ana Incorporated In 1886, the City of Santa Ana is a key economic and governmental driver in the center of Orange County. Serving as the County Seat, the City has a 2018 estimated population of 338,247 individuals, Santa Ana Is the second largest City in Orange County and the eleventh largest in the State of California. Its population is predominantly Hispanic (78.2%). Traditionally a largely residential community, modern Santa Ana is characterized by several distinct districts, each with their own unique environment and lifestyles. The core of the city is the downtown area with a dense campus of City and county administrative, retail, and housing uses. The midtown district to the north Is home to several unique entertainment features including the Bowers Museum of Cultural Arts, the Discovery Science Center, and the MainPlace Mall. While to the south, the City has maintained its largely suburban residential character. The City's central location offers direct access to several major California freeways including Interstate Highways 5 and 405, and State Highway 55. The city Is also home two major transit hubs in the Santa Ana Regional Transportation Center and John Wayne Airport. Reflective of its strong economic character, Santa Ana Is the corporate headquarters for several major companies including: Behr Paint, First American Corporation, Greenwood & Hall, Ingram Micro, and STEC. it also houses regional headquarters for Xerox, T-Mobile, and Ultimate Software. Project Site As shown in Exhibit 2.1.1, the MainPlace Mall Is located on the northern edge of the City, just east of the intersection of State Route 22 and Interstate Highway 5. The eastern side of the Site is bordered by North Main Street, on the opposite of which lies the City of Orange. The mail has a current gross leasable area of approximately 1,100,000 sf, and consists of approximately 200 stores, 14 restaurants, two department stores, a gym, and other entertainment options. The Nordstrom store has been vacant since March 2017. The analyses, projections, assumptions, and any examples presented herein are for kosmtyn,,,, illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses are projections only. Actual results may differ from those expressed In this analysis. 75D-543 Exhibit 2.1.1: Local Map 4 r. 2, Gardan Grove 0 d rdnP"Nv� � It45;g..rcv I Fagprrar pAek I.Sh � ai .croawv-yn I.. c;u i' Fountain t".,yh, allay s10 .. A(1�u Yw Source: City of Santa Ana; ESRI, 2018. Malmolace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 9 of 33 Grange u r7rm.M1aw.._ 8 t Y tiAGti _ Y `g 1 rrt � a �val ..eY c 3anla flara<vo ^ u SITE [ S a to Aria` 410 t A Fi,h 51 -'- 1V AfSF - `-E lstSn_ Tdbt -. .f Tustin z x » nerx *' ryVa9+-t GLlrr9n Avn'.- W rwhcac' ,r r.y F i Hr a� y Yh & ref U tusV Irvine The analyses, projections, assumptlons, and any examples presented herein are for Icost'ip,� Illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses am projections only. Actual results may differ from those expressed in this analysis. 75D-544 MalnPlace Mall Net Fiscal Impact and Economic Analysis December 20'18 Page 10 of 33 Exhibit 2.1.2: Project Site Map Source: City of Santa Ana; ESRI, 2018, Land Uses Currently, the Site is zoned for General Commercial (C2) under the City of Santa Ana's Zoning Designations. General Commercial uses currently prohibit residential developments on the site and require conditional use permits for hotels. The Site Is bordered to the immediate south by a special development district for the Discovery Science Center. To the east of the site are additional specific development districts for commercial office space and mixed use. Additional urban mixed -use districts tie to the immediate east of the Site within the City of Orange. Land use beyond the two bordering highways are composed primarily of single residential units. Freeway Access The Site maintains close proximity to access points to two major freeways. On/off ramps to the Garden Grove (22) Freeway are approximately 0.4 miles north-east of the site, while entrances to the Santa Ana (5) freeway are 0.5 miles south of the site. The analyses, projectlons, assumptions, and any examples presented herein are for ko5n1pa ,, Illustrative purposes and are note guarantee of actual and/or future results. Tax analyses are projections only. Actual results may differ from those expressed In this analysis. 75D-545 MainPiace Mall Net Fiscal Impact and Economic Analysis December2018 Page 11 of 33 2.2 proposed Project On the 50-acre property, the Project would redevelop surface parking areas surrounding the existing MainPlace Mall. Retaining approximately 1,100,000 sf of retail space, the proposed site plan would permit approximately 1,900 residential units, 400 hotel rooms, 750,000 sf of office space, and 250,000 sf of new retail space. The proposed expansion would be comprised of up to five new mid -rise apartment complexes, several office buildings, and two hotel towers occupying ten designated areas surrounding the Mall's existing footprint. Developer has already secured a new anchor tenant for 100,000 sf of its new retail space, a family entertainment/education center, which will occupy Area G of the proposed development. The entertainment center allows children to role play as adults in a child -sized replica of a real city, Exhibit 2.2.1: Rreliminary Site Plan Source: Centennial Real Estate Company, LLC, 2013. The analyses, projections, assumptions, and any examples presented herein are for kosmj.,jn . Illustrative purposes and are note guarantee of actual andlor future results. Tax analyses are projections only. Actual results may differ frorn those expressed In this analysis. 75D-546 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 12 of 33 3.0 Retail Market Trends 3.1 Local Retail Trends Santa Ana has seen slow retail growth since the "Great Recession" started a decade ago. In 2008, the City had an estimated $3.9 billion in taxable sales reported in their Annual Financial Report. By 2010, this figure had dipped to $3.1 billion, and It has only been in the last few years that retail sales have exceeded their pre -Recession levels ($4.1 billion in 2017). Part of this slow growth Is potentially indicative of changing retail trends and the growth of the digital economy. Today's consumer is using online websites such as Amazon.com for purchasing clothing, shoes, electronics, appliances, and more. Because of this, even the most vibrant of communities are susceptible to the closure of major department stores and the sales tax revenues that accompany them. Orange County and the City of Santa Ana are by no means exceptions to these trends. Countywide retail vacancy rates, as reported by Kidder Mathews, have slowly increased over the past three years rising from 3.6% to 3.9%, A trend which has been felt particularly amongst several of Orange County's key shopping centers. Across the county, major sites such as the Brea Mall, Laguna Hills Mall, MainPlace Mall, and more have seen major tenants such as Macy's and Sears close their doors. The cause for these closures are by no means local, but instead the result of broader global retail trends. 3.2 National Retail Trends Santa Ana, like most cities, will face many unavoidable challenges as the global retail market Is affected by the continued growth of the digital economy. In order to remain competitive in this evolving retail environment, the City will need to recognize and understand how global trends continue to shape the new retail economy. Foremost among these trends has been the growth of e-Commerce sales within the retail Industry. As seen in Exhibit 3.2.1, from 2014 to 2017 e-Commerce sales grew by 70% and are projected to grow an additional 100% within the next four years. Reflective of this growth, Exhibit 3.2.2 shows that the number of digital buyers has also Increased significantly in the past four years. Since 2014 the number of digital buyers has increased 340 million, The analyses, projections,assumptions, and any examples presented herein are for kosingl�, Illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses are projections only. Actual results may differ from those expressed In this analysis. 75D-547 MainPlace Mail Net Fiscal Impact and Economic Analysis December 2018 Page 13 of 33 Exhibit 3.2.1: Global e-Commerce Sales In6 5 v 4 3 c 02 y t— 1 c au'a 0 2014 2015 2016 2017 2018* 2019* 2020* 2021* *Projected E-Commerce Safes Source: Slatista,2018: The growth of this digital market has taken away from traditional brick and mortar sales over the past two decades. in 2000, e-Commerce retail sales comprised a more 0.8% of the total retail sales market. By Q1 2018, 9,5% of all retail sales were conducted via e-Commerce, a steady growth pattern which Is projected by many economists to continue In the years ahead (see Exhibit 3.2.3). Exhibit 3.2.3: e-Commerce Retail Sales as a Percentage of Total Sales 10.00 9.00 8,00 m 7.00 6,00 5.00 a 4.00 3.00 2.00 1.00 0.00 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 Source: Statists, 2018 Business Insider estimates that in 2017, 8,053 retail stores closed their doors. For comparison, this outpaced closures at the height of the 2008 economic recession which saw 6,183 closures. The analyses, projections, assumptions, and any examples presented herein are for kns notNIllustrative purposes and are not a guarantee of actual andlor future results. Tax analyses are projections only. Actual results may differ from those expressed In this analysis. 75D-548 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 14 of 33 This trend is expected to continue in 2018 and beyond, with 3,487 retail store closures having already been reported already in 2018 alone (see Exhibit 3.2.4). Recently, most major department stores have continued to announce store closures. For example, Sears & K-Mart closed 40 stores in 21018, Macy's is closing 11 department stores, including Laguna Hills Mall and Westside Pavilion. J.0 Penney is closing 8 more stores after a toss of 140 stores in 2017. Brookstone just announced a Chapter 11 bankruptcy filing, and will close all 101 remaining mall stores. Other examples of store closures include: • Toys "R" Us has closed all 735 stores • Bon -Ton Stores has announced liquiation of all its Midwest department stores • Sears and K-Mart announced 80 more store closing in March 2019 Gap will close approximately 200 stores in next few years GNC will close 200 stores in 2018 Footlocker is closing 110 stores J. Crew will close 20 stores Subway is closing 500 stores With a toss of over 8,000 retail stores in 2017, mall owners are unable to find new tenants for vacant spaces, showing the critical Importance of investing in a strategy to diversify the types of land uses, such as apartments, with pedestrian -friendly promenades and open spaces, outdoor dining, and entertainment and retail, all within a unified site. .9.44: 14,000 12,000 10,000 8,000 Source: Credit Suisse, Cushman & Wakefield, 2018, The analyses, projections, assumptions, and any examples presented herein are for kosnlwl-Illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses are projections only. Actual results may differ from those expressed in this analysis. 75D-549 For many large shopping malls, these closures anchor tenants have left significant vacancies. recently estimated that almost 310 of the nation's an anchor tenant. A reality, which will force composition of their tenant spaces. MainPlace Mall Net Fiscal Impact and Economic Analysis December2018 Page 15 of 33 have been especially impactful as traditional The commercial real estate firm CoStar has 1,300 shopping malls are at high risk of losing shopping malls to reconsider the traditional Today's economic forces demand approaches to land use that explore diversification in uses and densities, and concepts for public amenities and private attractions that help cities capture trips and thus "sales" sufficient to retain vibrant commercial districts. Younger consumers, with their increased use of media and digital communication, seek gathering places with restaurants and entertainment venues, rather than collections of retail stores. To this end, retail landlords are increasingly adding office, hotel, residential, entertainment and open space to their shopping centers to draw in more customers throughout the day and evening hours (i.e., creating villages). Retail shop space is being converted towards dining and entertainment markets, with some food stores becoming anchors. Subsequently, these blended use projects are attracting significant demand from employers seeking to attract younger working professionals, who no longer want to be located in a suburban office park or high-rise tower. 3.3 Mall Redevelopment Case Study Examples Reflecting national retail trends, many developers across the country are repositioning traditional shopping malls into new "Villages" and mixed -use developments. Below are three cases of such developments in Southern California. Each demonstrates the ways in which traditional shopping malls are seeking to reposition into new blended use developments. Baldwin Hills Crenshaw Plaza The first post-war retail complex in the state of California, the Baldwin Hilts Crenshaw Plaza has served as a key commercial center in south central Los Angeles since its opening in 1947. Since opening the mall has undergone a number of renovations and additions, the most recent of which was completed in 2010 after the purchase by Capri Capital Partners. However, the mall suffered major setback when the Walmart store was forced to close In January 2016. Following unsuccessful attempts to find a replacement anchor, Capri filed plans with City of Los Angeles for a major mixed -use development expansion. On June 27th, 2016, the Los Angeles City Council approved the development agreement with Capri to add 2 million square feet of office hotel and residential uses, while redeveloping significant retail portions of the existing footprint to become a mixed -use entertainment center. kos,4The analyses, projections, assumptions, and any examples presented herein are. for 111,,Illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses am projections only. Actual results may differ from those expressed in this analysis. 75D-550 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 16 of 33 11 v N, VJVUL Mall dtaptuveu oy 4.tcy taquncu woulo aeo approximately 2 million gross square feet to the existing approximately 1 million square feet already on site. The majority of this to be added space is composed of approximately 1.2 million gross square feet of residential space encompassing 961 new residential units. Additions also Include plans for a 400-key hotel, close to 150 thousand square feet of office space, and approximately 350,000 square feet of new restaurant and retail uses. Exhibit 3.3.2: Baldwin Hills Crenshaw Prfl1PCt.Rumman1 Use Exisfin GFA SF NewGFA SF Retail 833,077 833,077 Theater 75,000 75,000 Commercial 104,041 104,041 Ofce 4,623 148,000 Residential 1,234,500 Retail Restaurant 331,838 Hotel 346,500 Total 1,016.741 3,072,956 auu,cu. Ouverupmem Agreement with city of Los Angeles, 2018, The analyses, projections, assumptions, and any examples presented herein are for kosmo,_ iilusuative purposes and are not a guarantee of actual and/or future results. Tax analyses are projections only. Actual results may diffor from those expressed In this analysis. 75D-551 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 17 of 33 Laguna Hills Mall (Five Lagunas) First opening in 1973, the Laguna Mills mall was centered around four major department stores. In 1991 the first of these department stores (6uffum's) closed, forcing the mall to redevelop the former tenant's space into a food Court. In the past few years, the mall suffered as additional anchor tenants have closed their stores (Sears, Macy's, and JO Penny). As of October 2018, all four of the major anchor tenant spaces will be vacant. Facing high vacancy levels, in 2016 Marlene Geier Partners unveiled plans to redevelop to bring it Into line with the modern shopping experience. Rebranded as the "five Lagunas" the project will more than double the existing square footage of the site. The majority of this new gross area will come from the addition of 1.3 million square feet of residential space (988 units). Additional growth is also planned with 115,300 square feet for new restaurant tenant space, 40,100 square feet for a new fitness center, 45,900 square feet for flex retail and office space, as well as an 109,070 square foot expansion of the oinema tenant on site (see Exhibit 3.3.4). The analyses, projections, assumptions, and any examples presented herein are for kosni„d „Illustrative purposes and are not a guarantee of actual andlor future results. Tax analyses are projections only, Actual results may dlffer from those expressed In this analysis. 75D-552 MAInPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 18 of 33 Exhibit 3.3.4: Five La unas Project Summary Use Existfn GFA SF NewGFA SF Restaurant 78,795 115,354 Retail 873,551 616,013 Fitness - 40,102 Cinema 13,166 109,070 Flex Retail/Medium Office - 45,890 Residential 1,300,000 Total 961,512 1 21226,429 11 ,vc Luyunad rnJecr clan, ZU7 U. Westfield Promenade (The Promenade) Opened In 1973, The Promenade was originally a high -fashion center in Woodland Hills developed by Kaiser Aetna as part of their plan for the former Warner Ranch. in recent years, the promenade has suffered serious tenant issues and slow business. Vacancy from several key tenants has recently pushed the Westfield Group, who owns the site, to make substantial changes to the property. The analyses, projections, assumptions, and any examples presented herein are for kosltonIllustrative purposes and are not a guarantee of actual and/or future results. Tax analyses are projections only. Actual results may differ from those expressed in this analysis. 75D-553 MalnPlace Mall Net Fiscal Impact and Economic Analysis December 2e18 Page 19 of 33 In late 2016, Westfield submitted a proposal to demolish the existing Westfield Promenade in Woodland Hills and reposition the 34-acre site Into a mixed -use project. Replacing the existing 641 thousand square feet of retail space, the project would bring approximately 244,000 SF of retail, 629,000 SF of office space, two hotels with a total of 572 rooms, as well as 1,432 residential units (see Exhibit 3.2.6). Uniquely, the project also includes a 15,000-seat Entertainment and Sports center to accompany approximately 7 acres of open space. If approved by the Los Angeles City Council, the project is not expected to be completed until 2033. Exhibit 3.3.6: Westfield Promenade Project Summary Use Existin GFA. SF NewGFA SE Retail 641,000 244,000 Residential - 1,609,000 Office 629,000 Hotel - 469,000 Entertainment 320,000 Total 641,000 3,271,000' Source: Westfield Promenade Proposed Project Description, 2016. The analyses, projections, assumptions, and any examples presented herein are for kos 1 a, illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses are projections only. Actual results may differ from those expressed In this analysis. 75D-554 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 20 of 33 4.0 Construction Period 4.1 Construction Period Overview and Cost Estimation Construction of the Project is expected to take place in two major phases. Under the first phase, the Developer expects 1,250 residential units, 400 hotel units, 40,000 SF of now retail space, 105,000 SF within former Nordstrom, 100,000 SF of space for "edu-tainment", and 1,650 garage parking spaces to be completed. The second phase of construction, which will bring the project to full buildout totals, is expected to add an additional 650 residential units, 750,000 SF of office space, and an additional 2,900 garage parking spaces. Kosmont has organized this report to illustrate Phase 1 elements of the Project, as well as its final Full Buiidout. The estimated costs for the Full Project are approximately $1.42 billion, including soft and hard costs. At an approximate total of $730 million, Phase 1 elements of the Project are expected to encompass a little more than half of full buildout development costs, summarized in Exhibit 4.1. Development costs displayed In Exhibit 4.1 do not include land, Land acquisition costs are not referenced in the cost estimates, as they do not impact the fiscal calculations, as title is already vested under the Developer's name and no near -term re -assessment is expected. Exhibit 4.1.1: Development Cost Estimate Development Costs (Soft + Hard) Phase 1 $729,800,000 Full Buildout $1,421,400,000 The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not guarantee of actual and/or future results. Tax analyses komalla.„are projections only. Actual results may differ from those expresser) in this analysis. 75D-555 MalnPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 21 of 33 5.0 Fiscal Impacts This Analysis is based on information provided by the Developer, the City of Santa Ana ("City"), Orange County ("County") Property Tax Auditor -Controller's Office, California Department of Finance ("DOF"), California Board of Equalization ("BOE"), U.S. Census, U.S. Bureau of Labor Statistics ("BLS"), and ESRI. 5.1 General Assumptions Unless otherwise noted, the subsequent analysis maintains the following assumptions. • Dollar amounts are expressed in 2018 dollars. • Fiscal impacts are estimated at full build -out and stabilized occupancy. • Employment figures are permanent FTE jobs. 5.2 Fiscal Revenue Analysis 5.2.1 Property Tax Secured properly tax revenues are estimated based on the anticipated assessed value of the Project upon full build -out and the applicable property tax rates for the City (see Exhibit 5.2,1). Acquisition costs were not included as part of the analysis, as the subject property Is already on the tax rolls and title is vested under the Developer's name. According to the Assessor's office, there are a total of 14 Assessor Parcel Numbers (APNs) associated with the Site. The various properties are located in a total of 3 different Tax Rate Areas ("TRAs") namely, 11-015, 11-053, and 11.054. The apportionment to the City is similar for the various TRAs. The City general fund receives an approximate 18.16% share of the annual 1.0% secured property tax general levy placed by the County on the assessed value of the property ($0.1816 of each $1.00 of secured property tax revenue) within the TRAs. Unsecured property taxes are collected based on the assessed value of real property not affixed to the underlying land, such as business fixtures, and some types of vehicles. The rate of taxation and apportionment is generally the same as for secured property taxes. In the City's 2017 Comprehensive Annual Financial Report, the City reported that the assessed value of unsecured property is estimated to be approximately 6.5% of the assessed value of secured property. The analyses, projections, assumptions, and any examples presented heroln are for Illustrative purposes and are note guarantee of actual end/or futuro results. Tax analyses kosrr� ll. are projections only. Actual results may differ from those expressed in this analysis. 75D-556 MalnPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 22 of 33 Exhibit 5.2.1: Property Taxes Phase 1 Full Buildout Total Development Costs (Rounded) $729,820,000 $1,421,400,000 5% Adjustment to Assessed Value: Total Estimated Assessed Value $36 491,000 U1,079,000 $1,350,330,000 $693,329,000 Property Tax Rates General Levy - Secured 1.00% $6.933,290 $13,503,300 City General Fund Distributions -Secured 18.16% $1,258,878 $2,451,795 Unsecured Property as Percent of Secured Estimated Unsecured Property Taxes to City 6.5%. $81,316 6.5% $158,370 Total Property Tax to City (Secured+ Unsecured - Rounded: 1 $1,340,200 1 $2,610,200 Rn„ren• Cenlmnd�l D...,i e„mi.,. �..____.. , , ,. ,,.._ .. --- ___ 5.2.2 Property Tax In -Lieu of VLF Prior to 2004, a percentage of State motor vehicle license fees (VLF) were distributed to cities and counties. In 2005, the State of California instituted a revenue swap, guaranteeing that municipalities and counties within California receive a distribution equal to the VLF collected the prior year, plus a percentage equal to the annual increase in assessed value. Property tax in - lieu of VLF resulting from the Project is estimated based on the incremental amount of assessed value that both Phase 1 and Full Buildout will add to the City; thereby increasing the City's apportionment. In 2017-2018, the City of Santa Ana was expected to receive approximately $31 million in VLF revenues with the total assessed value of all secured property In the City totaling $23.8 billion. Based on the relative ratios associated with these figures, it is estimated that the proposed project will generate approximately $898,000 and $1,750,000 for Phase 1 elements and Full Buildout respectively. The analyses, projections, assumpilons, and any examples presented herein are for kost illustrative purposes and are not a guarantee of actual and/or future results. Tax analysos are projections only. Actual results may differ From those expressed in this analysis. 75D-557 MalnPlaoe Mall Net Fiscal Impact and Economic Analysis December 2018 Page 23 of 33 Exhibit 5.2.2: Property Tax ln-Lleu of VLF Phase 1 Pull'Bufldou Total Estimated Assessed Value _Total Assessed Value within City (2015-16) $693.329,000 $23,886,126 355 $1,35%330,000 $23,886.126 355 Percent Share! Increase in Assessed Value Estiinoted Property Tax In -Lieu of VLF 2.9026% $30,966,459 5.6532% $30,966,459 incremental Project Tax In -Lieu of VLF $898,800 $1,7%600 auuice. may or oama Ana, Cemenmai Heat tstate Company, orange County Assessor's Office (2018) 5.2.3 Real Property Transfer Tax The City of Santa Ana- generates approximately 0.055% of gross sales proceeds in transfer taxes upon the salelre-sale of properties. The analysis assumes that the Developer will retain ownership of the project for an extended period of time•, therefore, the analysis does not include any property transfer taxes. 5.2.4 Safes Tax (On-Site/Direct) The proposed project includes five major retail/commercial components, which are expected to generate significant on -site sales taxes. As seen In Exhibit 6.2.4, these include 75,000 SF of vacant spaces, 30,000 SF for food hall restaurants, 65,000 SF of new retail, a 50,000 SF theater, and a 100,000 SF Edu-tainment Center. Taxable sales for each of these components vary based on current industry standards/projections. In addition to sales tax, the City receives use tax revenues, which are levied on shipments into the State and on construction materials for new development not allocated to a sites location. Use tax is allocated by the BOE to counties and cities based on proportion of countywide and statewide direct taxable sales. Use tax revenues to the City are estimated at an additional 13% percent of point -of -sale taxable sales. Based on the preceding, Full Buildout is expected to result in approximately $127 million in annual taxable sales, which would result in an estimated $1.4 million in sales and use tax revenues for the City. This excludes any future retail development that may is permitted. In the most recent election, Santa Ana voters approved Measure X, which will increase the retail sales tax rate for 10 years by 1.5%, beginning in 2019. The initiative provides for a 0.5% reduction in 2029 where it will stay for 10 additonal years before expiring. The analyses, projections, assumptions, and any examples presented herein are for kosmg 1,,,,-Illustrative purposes and are note guarantee of artual and/or future results. Tax analyses are projections only. Actual results may differ from those. expressed in this analysis, 75D-558 MalnPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 24 of 33 Exhibit 5.2A Sales Tax (On-Site/Direct- arrtt,rlinn mnne,,ra vi ANNUAL TAXABLE SALES Sales Generating Taxable Components Phase 1 Full Buiidout Sal !'It Phase 1 Full Buildout Current Vacant Spaces 75.000 SF 75,000 SF $500 PSF $37.600,000 $87.600,000 New Retail 65,000 SF 65,000 SF $500 PSF $32,500,000 $32.600,000 Entertainment H 100,000 SF 100,000 SF $100 PSF $10,000,000 $10,000,000 Food Hall 30,000 SF 30,000 SF $1,250 PSF $37.500,000 $37,500,000 Theater 50,000 SF 50,000 SF $200 PSF $10.000,000 $10,000,000 Total $127,500,000 $127,500,000 Annual Sales Tax to City 1.0% $1,275,000 $1.275,000 Annual Use Tax as % of Sales Tax 10.0% $127,500 $127,500 Total Sales and Use Tax to City On•$ite t oiraet $1,402 500 $1 402 500 With Measure X 2019.2028 $3,400,000 $3,400,000 With Measure X 2029.2038 $2,700,000 $2,700,000 /1 gross revenues are estimated at $500 Psf with 20%taxable uvc. i My ai aama nnd, r..enrenatal Neal estate Company,. and Kosmont Companies (2018) As noted, Measure X will result in an additional $2.0 million in annual on -site sales taxes to City through 2028, and $1.3 million annually from 2029 through 2038, before expiring. 5.2.5 Sales Tax (Off -Site / Indirect) In addition to onsite sales, employees and residents will generate off -site / indirect sales tax revenue based on the taxable sales generated by the Citywlde spending of Project residents and employees. Resident spending is based on average household incomes and BLS Consumer Expenditure Survey data, which provides spending habits of consumers based on household income. Based on the preceding, Full Buildout is expected to result in approximately $36 million in annual offsite taxable sales, which would result in an estimated $390,000 in annual sales and use tax revenues for the City. Measure X will result in an additional $530,000 in annual offsite sales taxes to City through 2028 and $350,000 annually from 2029 through 2038. The analyses, projections, assumptions, and any examples presented herein aro for kosmg;A, Illustrative purposes and are not a guarantee of actual and/or future results, Tax analyses are projections only. Actual results may differ from those expressed in this analysis. 75D-559 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 25 of 33 '.ultdout $19,600 $0,750 1,857 101,655 $14,602 $5,041 580 387,555 $7,700 $3.080 296 )10,756 1118,454 $7,382 2,250 08,582 613,688 $6,844 432 56,500 95,048 4,757) '0,291 4,703 15,670 2,400 6,400 8,400 Source: SOE, Centennial Real Estate Company, LLC, ESRI, City of Santa Ana, Kosmont Companies (2018) k o s "Act analyses, projections, assumptions, and any examples presented herein are for kns nuir,A Illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses are projections only, Actual results may differ from those expressed In this analysis. 75D-560 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 26 of 33 5.2.6 Hotel Visitors Tax Hotel Visitor Tax ("HVT") revenues are projected based on estimated average daily room rates, occupancy, and the City's TOT rate of 11%, According to the CBRE Hotel market study report, occupancy rates for hotels throughout Orange County is projected to average 80% in 2018. Average Daily Room Rate for Orange County was listed at $193.17 in the same report. All hotel construction is expected to be completed within Phase 1 of the project, The 400 rooms planned under the current model should generate an approximate $2.5 million for the City annually in HVT (see Exhibit 5.2.6), Exhibit 5.2.6: Hotel Visitors Tax Revenue Phase I I Full Buildout Number of Rooms Average Daily Room Rate - 2018$ Arerage Occupancy Rate 400 $193.17 80% 400 $193.17 80% Annual Hotel Room Receipts City HVT Rate $22,562,300 $22,562,300 11.0% Annual TOT to City $2 481 9001 $2 487 900 oource: Cbnt Heal bstate group, Centennial Real Estate Company, LLC, City of Santa Ana 5.2.7 Utility User, Franchise, and Business Taxes Business license tax, utility user tax, and franchise taxes are estimated on a per capita basis based on the City's 2017-2018 Adopted Budget and the relevant resident and employee populations within the City. At full Project bujidout miscellaneous business and utiity taxes are estimated to bring $658,000 to the City General Fund annually; of which $307,000 is derived from Phase 1 project elements See Exhibit 5,2.7 on following page for detail assumptions. The analyses, projections, assumptions, and any examples presented heroin are for 11lustra4ve purposes and are not a guarantee of actual and/or future results. Tax analyses 4nvmm+ wru nrni4rlinne nnh, Anh,.I --ni I— Affor fmm Ihnm nvnroe..H in Ihiu onelveic 75D-561 .Q q. ry 'G a N (O M tp N c0 U w v> f» rFi ca N ' c o a m a a a° u w tq P c @ U C � m N � a y N n S o 0 0 m In o Jyy. ra � C F ro y N � w Ntru�i mto W a dEL LL 75D-562 MalnPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 28 of 33 5.2.8 Fiscal Revenue and Expenditure Analysis Expenditures such as pollce/protective services, public safety, and other fiscal expenditures are also estimated on a per capita basis based on the C€ty's Fiscal Year 2016-2017 Adopted Budget, and the relevant resident and employee populations within the City. For the purpose of revenue and expenditure budget allocation, total projected employees within the City are multiplied by an equivalency factor of 0.5 to arrive at a number of equivalent residents (see Exhibit 5.2.8a). Exhibit 5.2.8a: City Service Population City Resident Population (2018) 342,217 City Employee Population (2016) 158,256 Employee / Resident Weighting Factor 0.5 Effective Total'City Service Population 421`345 ouurce: Eomi, centennial steal Estate company, LLC, City of Santa Ana (2018) Net Fiscal Revenues Utilizing the previous analyses, annual fiscal revenues and expenses were projected for the proposed project over the course of a stabilized fiscal year. The Exhibits below project net fiscal impacts on both the Phase 1 elements of the project, as well as revenues and expenditures based on full buildout. As shown in Exhibit 5.2.8b, the Phase 1 elements are expected to generate $6.6 million at stabilization and yield an annual positive net fiscal Impact of approximately $5.0 million in 2018$. Measure X will result in an additional $2.1 million in annual sales taxes to City through 2028 and $1.4 million annually from 2029 through 2038. The analyses, projections, assumptions, and any examples presented herein are for Illustrative purposes and are not a guaranies of actual and/or future results. Tax analyses 4rn nnn ar.+ nrmm�linna —K, Arlual —die may diffarf-- 0".. --.—A in Pow nnelvaia 75D-563 MalnPlage Mali Net Fiscal Impact and Economic Analysis December 2018 Page 29 of 33 Exhibit 5.2.8b: Annual Net Fiscal iiMDOCt3: Phase 1 Phase 1 plotFisoal Impact Primary,Fiscal Revenues Estimated Annual Total Property Tax (Secured & Unsecured) $1,340,200 Property Tax In -Lieu of VLF $898 800 Sales & Use Tax (On-Site/Direct) $1,402,500 Sales & Use Tax (Off-Site/Indirect) $177.400 Transient Occupancy Tax $2,481,900 Utility User Tax (UUT) $197,548 Business Taxes $85.693 Franchise Taxes $23,880 Total General Fund Revenues (Rounded): $0,607,9tl0 Primary General Fund Expenditures Police $823,979 Fire $358,524 Parks and Reo $141,488 General Government $115,152 Planning and Building $71,613 Public Works $48,691 Bowers Museum $10.460 Community Development $3 877 Total General Fund Expenditures (Rounded): _ _ _ $1,573,786 PHASE ONE NET FISCAL IMPACT (Rounded): $5,034,100 With Measure X 2019.2028 $7,134,000 With Measure X 2029-2038 $6,334,000 source: Centennial Real Estate Company, LLC, California Board of Equalization, City of Santa Ana, Bureau of Labor Statistics, Kosmont Companies, Orange County AuditorrvController (2018) Full Buildout The full project buildout model is also expected to result in additional net revenues for the City upon stabilized occupancy. Excluding Measure X, the estimated annual gross revenues are expected to reach $9.3 million in 2018$, while the net fiscal impact is expected to increase to approximately $6.5 million with the additional elements included (see Exhibit 5.2.8c). The analyses, projections, assumptions, and any examples presented herein are for Illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses kosm. t),„ are projections only. Actual results may differ from those expressed In this analysis. 75D-564 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 30 of 33 Exhibit 5.2.8c; Annual Net Ficnal lmnartc• Fall Prnlenf Full Project Net Fiscal Impact Primary Fiscal Revenues Estimated Annual Total Property Tax (Secured & Unsecured) $2,610.200 Property Tax In -Lieu of VLF $1,750,600 Sales & Use Tax (On-Site/Direct) $1,402,500 Sales & Use Tax (Off-Site/indirect) $392,400 Transient Occupancy Tax $2,481,900 Utility User Tax $357,746 Business Taxes $256,945 Franchise Taxes $43,244 Total General Fund Revenues (Rounded): $9,295,500 Primary General Fund Expenditures Police $1,492,172 Fire $649,264 Parks and Rao $216.646 General Government $203,510 Planning and Building $109,654 Public Works $88.177 Bowers Museum $16,016 Community Development $S 936 Total General Fund Expenditures $2,781,376 FKL PROJECT NET FISCAL IMPACT (Rounded $6,514,100 With Measure X 2019-2028 $8,914,000 With Measure X 2029.2038 $8,114,000 Suurae: Cemenniai Real estate company, LLC, California Board of Equalization, City of Santa Ana, Bureau of Labor Statistics, Kosmont Companies, Orange County Auditor -Controller (2018) Measure X will result in an additional $2.4 million in annual sales taxes to city through 2028 and $1.6 million annually from 2029 through 2038. 'rhe analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses kosmpl,,,,are projections only. Actual results may differ from those expressed in this analysis. 75D-565 MalnPlace Mall Net Fiscal Impact and Economic Analysis December2018 Page 31 of 33 6.0 Economic Impact and Job Benefits 6.1 IMPLAN Modeling This analysis uses the IMPLAN (IMpact analysis for PLANning) econometric Input/output model developed by the IMPLAN Group to quantify the economic Impact to the local region from Project construction i renovation and ongoing operations. This proprietary model estimates the economic benefits on the industries in a given geographic area based on known economic inputs, such as construction costs. The model estimates direct, indirect, and induced benefits expressed in terms of increased economic activity ("output"), earnings ("labor income"), and job creation. Direct Economic Benefits Direct benefits refer to the short-term business activity of general contractors involved in Project construction i renovation and the ongoing business activities of Project tenants. indirect Economic Benefits: Indirect benefits will result when local firms directly Impacted by the Project purchase materials, supplies or services from other firms. Examples would include increased sales of building materials as a result of construction activity, and Increased sales of inputs related to the business operations of tenants within the Project. Induced Economic Benefits: Induced benefits relate to the consumption spending of employees of firms that are directly or indirectly affected by the Project. These would include all of the goods and services normally associated with household consumption (e.g., housing, retail purchases, local services, eto.). Inputs for the IMPLAN economic benefit analysis include the development budget provided by the Developer and permanent on -site employment information estimated by Kosmont. The permanent full-time employment estimates were derived from similar projects and industry standard per -square -foot employment densities for corresponding land use types. 6.2 Construction Related Economic Benefits During the construction period, the Phase 1 elements of the Project are expected to produce approximately 6,500 jobs, $541 million In labor income, and $1.18 billion in economic output across Orange County. Of these projections, approximately 3,900 jobs, $375 million In labor income, and $777 million of economic output are expected to be captured within the City (see Exhibit 6.2.1). The analyses, projections, assumptions, and any examples presented herein are for Illustrative purposes and are not a guarantee of actual andlor future results. Tax analyses kos in ,„ are projections only. Actual results may differ from those expressed In this analysis. 75D-566 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 32 of 33 Exhibit 6.2.1: Economic Benefits from Construction Phase One Direct (On -Site) Indirect Induced Employment 3,635 1,389 1,512 Labor Income $355,972,000 $96,421,000 $88,909,000 Economic Output $730.713,000 $216,051,000 $235,036,000 Total Countywide 6,536 $541,302,000 $1,181.799,000 Estimated City Capture 3,934 $375,068,000 $777,190,000 Direct (On -Site) Indirect Induced Employment 7,189 2,615 2,971 Labor Income $704,094,000 $184,310,000 $174,678,000 Economic Output $1,421,181,000 $412,966,000 $461,781,000 Total Countywide 12,775 $1,063,083,000 $2,295,928,000 Estimated City Capture 7,764 $741,082,000 $1,511,310,000 —Z zu vvil , ,a a,e uwe ry construction. t uu /o of direct benefits are estimated to be captured on -site within the City. 10% of indirect and Induced benefits estimated to be captured off -site within the City. Values in 2018 dollars. Source: IMPLAN, Kosmont Companies (2018) Economic benefits deriving from the full buildout of the project are expected to result in approximately 12,775 jobs, $1.06 billion in labor income, and $2.3 billion of economic output. Of these totals, the City is expected to capture approximately 7,760 jobs, $740 million in labor income, and $1.6 billion in economic output. 6.3 Economic Benefits from On -going Operations Once completed, the Project's Phase 1 elements are projected to result in approximately 1,000 new jobs, approximately $44.9 million in labor Income, and approximately $126.7 million in economic output across the County. Of these projections, IMPLAN estimates that approximately 750 jobs, $30.5 million of labor Income, and $90.4 million of economic output are expected to be captured within the City (see Exhibit 6.3.1). The analyses, projections, assumptions, and any examples presented herein are for Illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses kosn g,8, , are projections only. Actual results may differ from those expressed in this analysis. 75D-567 MainPlace Mall Net Fiscal Impact and Economic Analysis December 2018 Page 33 of 33 Exhibit 6.3.1: Economic Benefits from On -Going Operations rDirect Induced Employment 1,143 209 200 Labor Income $45,583,000 $13,722,000 $11,740,000 Economic Output $136,263,000 $32,902,000 $31,061,000 Total Countywide 1 551 $71 052 000 $200 227 000 Estimated .City Capture 1,185 $48,207,000 $142,854,000 Direct (On -Site) Indirect Induced Employment 3,425 877 1,124 Labor Income 279,198,000 54,594,000 66,147,000 Economic Output 439,342,000 120,188,000 174,918,000 Total Countywide 5 426 399,939,000 734,448,000 Estimated Clty Capture 3,631 291,638,000 469,748,000 Notes. 100 /a of direct benefits estimated to be captured on -site within the City. 10% of Indirect and induced benefits estimated to be captured off -site within the City. Values in 2018 dollars. Source: IMPLAN, Kosmont Companies (2018) Once the full project scope has been completed and is operational, the project is expected to generate approximately 5,400 jobs, $400 million of labor income, and $734 million economic output across the County. Of these benefits, the City is projected to capture approximately 3,600 jobs, $290 million of labor Income, and $470 million of economic output (see Exhibit 6.3.1). The analyses, projections, assumptions, and any examples presented herein are for kosIff illustrative purposes and are not a guarantee of actual and/or future results. Tax analyses '! are projections only. Actual results may differ from those expressed in this analysis. 75D-568 75D-569 J{_Com Imagined. /�'r 'Ii Delivered. City of Santa Ana Main Place Mall Impact Study Peer Review Report May 8, 2018 75D-570 Economics General Limiting Conditions AECOM devoted the level of effort consistent with (1) the level of diligence ordinarily exercised by competent professionals practicing in the area under the same or similar circumstances, and (ii) consistent with the time and budget available for the Services to develop the Deliverables. The Deliverables are based on estimates, assumptions, information developed by AECOM from its independent research effort, general knowledge of the industry, and information provided by and consultations with Client and Client's representatives. No responsibility is assumed for inaccuracies in data provided by the Client, the Client's representatives, or any third -parry data source used in preparing or presenting the Deliverables. AECOM assumes no duty to update the information contained in the Deliverables unless such additional services are separately retained pursuant to a written agreement signed by AECOM and Client. AECOM's findings represent its professional judgment. Neither AECOM nor its parent corporations, nor their respective affiliates or subsidiaries ("AECOM Entities') make any warranty or guarantee, expressed or implied, with respect to any information or methods contained in or used to produce the Deliverables. The Deliverables shall not to be used in conjunction with any public or private offering of securities, debt, equity, or other similar purpose where it may be relied upon to any degree by any person other than the Client. The Deliverables shall not be used for purposes other than those for which they were prepared or for which prior written consent has been obtained from AECOM. 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Any third party expressly authorized by AECOM in writing to rely on the Deliverables may do so only on the Deliverable in its entirety and not on any abstract, excerpt or summary. Entitlement to rely upon the Deliverables is conditioned upon the entitled party accepting full responsibility for such use, strict compliance with this Agreement and not holding AECOM liable in any way for any Impacts on the forecasts or the earnings resulting from changes in "external" factors such as changes In government policy, in the pricing of commodities and materials, changes in market conditions, price levels generally, competitive alternatives to the project, the behavior of consumers or competitors and changes in the Client's policies affecting the operation of their projects. The Deliverables may include "forward -looking statements". These statements relate to AECOM's expectations, beliefs, intentions or strategies regarding the future. These statements may be identified by the use of words like "anticipate," "believe," "estimate," "expect," "Intend," "may," "plan," "project," "will," "should," "seek," and similar expressions. The forward -looking statements reflect AECOM's views and assumptions with respect to future events as of the date of the Deliverables and are subject to future economic conditions, and other risks and uncertainties. Actual and future results and trends could differ materially from those set forth in such statements due to various factors, including, without limitation, those discussed in the Deliverables. These factors are beyond AECOM's ability to control or predict. Accordingly, AECOM makes no warranty or representation that any of the projected values or results contained in the Deliverables will actually occur or be achieved. The Deliverables are qualified in their entirety by, and should be considered in light of, these limitations, conditions and considerations. AECOM 75D-571 Prepared for: City of Santa Ana AECOM 401 West AStreet Suite 120 San Diego, CA 92101 aecom.com Copyright © 2019 by AECOM All rights reserved. No part of this copyrighted work may be reproduced, distributed, or transmitted in any form or by any means without the prior written permission of AECOM. AECOM 75D-572 III F11 f M& .. 1. Summary of Findings............................................................................................ 5 2. Economic Impacts................................................................................................ 5 3. Fiscal Impacts.......................................................................................................7 4. Conclusion............................................................................................................9 Figure 1.1 Five and Ten Minute Drive Time around MainPlace Mall Table 1.1: Estimated City Capture of Economic Benefit Table 1.2: Fiscal Expenditure at Full Buildout AECOM 75D-573 1. Summary of Findings AECOM conducted a peer review of "MainPlace Mixed -Use Project: Apartments, Hotel, and Retail: Net Fiscal Impact & Economic Benefit Analysis Santa Ana, CA;' prepared by Kosmont Companies (hereafter referred to as "Consultant") for Centennial Real Estate Company LLC (Developer) in December of 2018. AECOM generally agrees with the consultant's conclusions. Overall, they are reasonable and consistent with industry practice. In some cases the study contains assumptions and methodologies that could be clarified to give the City of Santa Ana (City) a better understanding of the scope of fiscal and economic impacts of the development. 1. The report does not analyze the net new operational impacts of the project. Net new impacts are quantified by subtracting the estimated operational impacts of the existing land uses from the estimated operational impacts of the project. This would allow a more complete assessment of the magnitude the project would potentially put the City on stronger footing compared to the existing land uses. More complete information would help inform the City's decislon-making process. 2. Economic Benefits —The application of the IMPLAN model is based on sound methodology and the results appear consistent with other studies involving similar project size. Additional clarity on the study's assumed City capture rates would be helpful for understanding the results. 3. Fiscal Revenues — Many of the assumptions about fiscal revenues (Property Tax, Business Tax, etc.) are in line with comparable studies and provide reasonable estimates for the impact of the Development. 4. Sales Taxes — The estimates for sales per square foot are optimistic but within the range for comparable properties in Southern California. Capture Rates for employee spending are also near the upper limit for comparable assumptions. 5. Hotel Visitors Tax —The Average Daily Rate (ADR) used to approximate tax revenue is derived from the Orange County Market, but the ADR for the sub -region containing the City is notably lower. 6. Expenditures for Service Population — While the pro rate expenditure for the new service population is a reasonable application of the City's Adopted Budget, assumptions about a below average household size for new residences could greatly underestimate the actual costs to the City. 2. Economic Impacts The Consultant uses an IMPLAN input/output model to estimate the economic impacts of both the construction and stabilized operations of the Development. IMPLAN modeling is a well -established methodology to forecast economic impacts on a regional level that combines direct inputs with localized industry sector and employment data to generate estimates for employment and economic production. While the County -wide measures are largely in line with similar studies in Southern California, the estimated City capture rate of economic benefits could use some clarification. Table 1.1 shows the estimated capture by the City of the employment, labor Income and economic output of the combined direct, indirect and Induced economic benefits for both the Construction and Operations phases of the Development. Table 1.1: Estimated City Capture of Economic Benefits Employment Labor Income Economic Output Phase 1 60% 69% 66°/n Construction Full Buildout 61% 70% 69% Phase 76% 68% 71% Operations Full Buildout 67/0 73/0 64/0 Source: Kosmont Companies Given the peripheral location of MainPlace Mall within the City, the proposed capture rates of 64%-71%forthese economic outputs would need to be substantiated. It is possible that the assumption is well founded or that this is a direct output of the IMPLAN model but this is not detailed in the study. As an illustration, Figure 1.1 shows 5 and 10 minute drive time radii around MainPlace Mall, which include substantial sections of Orange, Anaheim, Garden Grove and Tustin. Similarly, Citywide capture of employment and labor income indicates the place of employment is within the City, and not that jobs would be held and income earned by Santa Ana residents. In fact, the most recent data from the US Census Longitudinal Employer -Household Dynamics Survey (2015) reveal that of the approximately AECOM 5 75D-574 2,500 employees at MainPlace Mall, fewer than 10% reported Santa Ana as their place of residence. While the overall economic outputs are within the expected range for a project of this magnitude, it is not easily discernable from the study that the Citywide capture rates of economic impacts are justifiable. Figure 1.1 Five and Ten Minute Drive Time around MainPlace Mall i s �}a t� k� f ry '» i s d 1: i fig t W.d '�•L< AECOM 75D-575 6 The Consultant estimates an average yearly salary of approximately $40,000 for Phase 1 and $80,000 for full buildout for the total employment in the operations stage of the Development. While the Phase 1 employees will be concentrated in retail and hotel sectors, full buildout anticipates the addition of 2,500 office jobs spread across various industry sectors. This indicates an average yearly salary of approximately $100,000 for the office workers. IMPLAN Labor Income includes the full estimation of salary and benefits, which inflates the average salary. These estimates fall within the approximate range for workers in the industry sectors they represent. Depending on the mix of industries that will occupy space in the proposed Development, these estimates are largely in line with economic patterns in Orange County. 3. Fiscal Impacts The Consultant estimates the generation of additional revenue for the City's General Budget from increased Property Tax, Property Tax in -Lieu of VLF, Property Transfer Tax, Sales Tax (Direct and Indirect), Hotel Visitors Tax, Utility User Tax, Franchise Tax and Business Tax. These estimates are largely derived from well -established methodologies, and AECOM highlights only a few assumptions that need clarification. Property Tax Estimated Property Tax revenues are based on the assessed value of the development at full buildout. In turn, the assessed value is based off the estimated development costs for the entire project with the land acquisition costs excluded. This cost approach to property valuation is widely accepted and the most suitable for this project in the current stage of development. Sales Tax The recent promulgation of Measure X in 2018 increases the relative importance of sales tax to the City of Santa Ana and will be a significant source of revenue for the coming two decades. Estimates of direct Sales Tax depend on predicted sales per square foot for the currently vacant and new retail space in the Development. The Consultant estimates $500 in sales per square foot for general retail. According to an eMarketer survey of retail locations in Southern California in 2018, average sales per square foot was found to be $436, with a median sales per square foot of $322. For new retail space, these estimates are within the acceptable range for the region and will depend on future tenants and strategies for attracting clientele. Sales per square foot for the proposed food hall, entertainment and theater uses fall within the ranges of eMarketer survey data and AECOM verified examples from 2018, again on the high end of ranges. Estimates for indirect sales tax rely on several assumptions regarding household/employee spending habits and the City's capture of this spending. In terms of capture rates for the City, the Consultant estimates 50% of taxable spending for new households and hotel guests and 40% for on -site employees. Comparable studies from AECOM (2018), Economic Planning Systems (2016) and Keyser Marston Associates (2018) calculate ranges from 25%-50%, with greater capture rates for developments near the commercial center of larger cities. A review of retail surplus/leakage data from ESRI reveals that Santa Ana had a retail surplus of approximately $1.5 billion in 2018. This indicates that the City has an abundant supply of retail trade, food and drink that both satisfies the potential demand of City residents and absorbs demand of non-resident households. Nonetheless, a 50% capture rate for the City of new household spending is optimistic considering the peripheral location of the Development in the City of Santa Ana More clarification on the justification for this capture rate would be helpful. The estimate of taxable sales for households, however, is comfortably within the range of several data sources. The Bureau of Labor Services Consumption Survey for the Los Angles Metro Area that Includes the City estimates approximately $22,000 for households across the region, and ESRI estimates approximately $18,000 for the City. However, the level of household spending is determined by many factors, including income and household size. The question of household size will be addressed in the Fiscal Expenditures section below. Taxable sales generated by on -site employee spending, however, are more contentious. Particularly for office workers, the Consultant's estimate of $18,454 per year exceeds figures from the International Council of Shopping Center's Office -Worker Retail Spending that estimate approximately $15,000 per year for the highest category of worker (suburban, senior managers with ample retail option in the immediate vicinity of the office). Nonetheless these AECOM 7 75D-576 averages are based on national data, and retail spending is highly correlated to income, which is significantly higher in Orange County compared to the country as a whole. Hotel Visitor's Tax Transient Occupancy Taxes (TOT) are a significant source of revenue for many municipalities in California. The Consultant uses a CBRE Hotel Report for Orange County to estimate City revenues from the proposed hotel use in the Development. These estimates assume an average occupancy rate of 80% and an Average Daily Rate (ADR) of $193.17. CBRE is a reliable source, and their market data are an industry standard. A simple application of the Orange County average to the proposed development should not be done automatically. Orange County has multiple luxury options lining the coast and clustered around Disneyland that skew the average upward. CBRE's Southern California Lodging Forecast from 2018 places Santa Ana in a sub -region of cities it labels the Orange County Airport Market, for which it estimates an average occupancy of 76% and an ADR of $148. Applying the historic growth rate to hotel rooms in this sub -region would be expected to yield a lower rate and reduce TOT revenue. While AECOM did not model any potential reduction this would potentially reduce annual TOT meaningfully, potentially up to or around 20%. Utility User, Franchise and Business Taxes The Consultant estimates the approximate Franchise and Utility Users Taxes based on their per capita application for the service population and the Business Tax on a per capita application for employees. This is an acceptable methodology, and these predictions are in line with assumptions made in comparable studies. AECOM does question the assumption of resident population revealed only here in the Consultant's report. This assumption will be addressed in the Fiscal Expenditures section below. Fiscal Expenditures The Consultant applies a standard pro rate fiscal expenditure for the service population of the Development, which is calculated as new residents added to a factor of 0.5 applied to new employees. This results In a pro rate Fiscal Expenditure of approximately $512 for resulting service population of the Development at Full Buildout. This methodology is a standard practice and widely accepted for planning purposes. Potential problems arise with the estimation of the service population and the subsequent calculation of Fiscal Expenditures incurred by the City. While the report does not disclose details of the proposed multifamily residences, it does reveal that Phase 1 will bring approximately 1,213 new dwelling units to market and Full Buildout will contain a total of 1,857 units. In the section that details Utility User, Franchise and Business Taxes, the Consultant reveals that the new residential population will be approximately 3,860 at Full Buildout (AECOM calculation based on Consultant's methodology). Thus, the estimated average household size for these new residences would be approximately 2.1. Santa Ana is one of the most densely populated cities in the United States, and the average household size for rented housing units in 2017 was 4.29. This places the Consultant's estimates of residential population well below the City's average. This small household size severely limits the service population from which fiscal expenditures are calculated. The US Census shows that in 2017, Santa Ana had approximately 76,000 occupied housing units, and Costar estimates that 25,000 or 33% were multifamily residences, while 66% were single family residences. Table 1.2 shows the consultant's projection, AECOM's range and the US Census average and the resulting service populations and Total Fiscal Expenditures. We were not able to ascertain based on information included within the study a potential mix of bedroom size by units. As a result, while the assumed 2.1 household size may be reasonable clarification may be warranted. AECOM 75D-577 8 Table 1.2: Fiscal Expenditure at Full Buildout HH Size Service Population Per Capita Expenditure Total Expenditure 2.1 5,426 $512 $2,781,000 2.5 6,206 $512 $3,254,000 3 7,134 $512 $3,657,000 4.29 9,530 $512 $4,966,000 Source: Kosmont Companies, US Census, Costar, AECOM The increased Fiscal Expenditures continue to yield a net benefit to the City's General Fund, although the margin could be reduced by between approximately $500,000 and $2 million. 4. Conclusion Overall, the Consultant's report is based on sound methodology and within the range of comparable studies for fiscal and economic impacts of development in Southern California, several assumptions are optimistic and clarification or validation would be helpful. The inclusion of impacts to the City from the current land uses of MainPlace Mall would also provide the City with a more complete picture of the overall impact of the Development. AECOM 9 75D-578 75D-579 Kimley>>) Horn MEMORANDUM To: Mr. Oliver Robinson From: Serine Ciandella Date: May 2, 2019 Subject. MainPlace Mall Specific Plan -Development of parking Standards The following has been prepared to provide a summary of the current parking standards and requirements for MainPlace Mall, and to present the analysis and recommendations for the proposed future parking standards and requirements for the MainPlace Mall Specific Plan. EXISTING AND APPROVED MAINPLACE MALL DEVELOPMENT AND PARKING STANDARDS MainPlace Mall - Current Entitlements The current development entitlements for MainPlace Mall are summarized on Table 1: Table 1 MainPlace Mall Current Entitlements 1 Gross Square Use Footage Retail / Restaurant / Cinema (1,918 seats) 1,509,255 Office Buildings 1,500,000 Hotel (400 Rooms) (approx.) 500,000 Total 3,509,255 'Source: Requestfor CouncilAction, November 20,2000, Vesting Tentative Parcel Map No. 99-132. 765 The City Drive, Suite 200,. Orange, CA 92868 75D-580 Kimlep Horn MainPlace Mall - Approved Parking Standards Mr. Oliver Robinson, May 2, 2019, Page 2 MainPlace Mall Specific Plan Parking The approved parking standards for the MainPlace Mall uses are summarized on Table 2. Table 2 MainPlace Mall Approved Parking Standards Use Parking Standards Retail / Restaurant / Cinema 3.75 -4.0 / 1,000 SF Net Square Footage Office 3 / 1,000 SF GFA Motel 0.8 / room, 1st 300 rooms 1.0 / room over 300 rooms 1 Source: Requestfor Council Action, November 20,2000, Vesting Tentative Parcel Map No. 99-132. GFA = Gross Floor Area These parking standards are based on the Request for Council Action, November 20, 2000, Vesting Tentative Parcel Map No. 99-132. A copy of this document is provided in Attachment A. Note that a single parking standard is applied to the three uses currently found in MainPlace Mall - specifically, retail, restaurant, and cinema (Mall Uses). Note also that the parking standard for the Mall Uses is not a single rate, but a range, from 3.75 to 4.0; and that the ratio is based on Net Square Footage, rather than Gross Floor Area. This has been a source of ambiguity, since the parking requirements for the Mall Uses is expressed as a single number, not a range; and the Project entitlements are expressed in Gross Floor Area, not Net Square Footage. Net Square Footage is based on the building square footage measured from the inside face of the outer building walls; does not include common areas that are not leased to tenants (such as lobbies, elevator cores, stairs, corridors, atriums); and does not include floor area occupied by mechanical, electrical, communications, and security equipment. Gross Floor Area is the total square footage of the building, including the thickness of the exterior building walls. MainPlace Mall - Parking Requirements for Current Entitlements Based on the current MainPlace Mall entitlements, and the approved parking standards, the parking requirements for build -out of MainPlace Mall are summarized on Table 3. kimley-horn.com765 The City Drive, Suite 200, Orange, CA 92868 714 939 1030 75D-581 Mr. Oliver Robinson, May 2, 2019, Page 3 MainPlace Mall Specific Plan Parking Table 3 MainPlace Mall Parking Requirements for Current Entitlements Parking Required Use Quantity Standard Parking Retail 1,421,255 SF GFA 3.75 - 4,0 / 1,000 Net SF 4,7812 Restaurant 50,000 SF GFA Cinema 1,918 seats 38,000 SF GFA 1 Office 1,500,000 SF GFA 3 / 1,000 GFA 4,500 Hotel 400 rooms 0.8 / room, 1st 300 rooms 340 1.0 1 room over 300 rooms Total 9,621 1 Estimated 2 Assumes an average parking ratio of 3.875 and assumes that the Net Square Footage of the Mall Is 81.75% of the Gross Floor Area; Source: Requestfor CouncilAction, November 20,2000, Vesting Tentative Parcel Map No, 99-132, Build -out of the full MainPlace Mall entitlements would require a parking supply of 9,621 parking spaces. Note that the parking requirement for the Mall Uses (retail, restaurant, and cinema) is derived by using the average of the range of rates (the average of 3.75 and 4.0, which is 3.875), and that the GFA is factored by 81.75% to estimate Net Square Footage. This is consistent with the parking assumptions in the Request for Council Action, November 20, 2000, Vesting Tentative Parcel Map No. 99-132 for MainPlace Mall. MainPlace Mall - Parking Requirements for Existing Development The existing MainPlace Mall consists of 1,130,000 gross square feet of retail, restaurant, and cinema uses (Mall Uses). Based on the approved parking standard, the required parking for the existing MainPlace Mall development is shown on Table 4. kimley-horn.com 765 The City Drive, Suite 200, Orange, CA 92868 714 939 1030 75D-582 Kimlep Horn Mr. Oliver Robinson, May 2, 2019, Page 4 MainPlace Mall Specific Plan Parking Table 4 MainPlace Mall Parking Requirements for Existing Development Use Quantity Parking Required Standard Parking Mall Uses' 1,130,000 GFA 3.75 - 4;0 / 1,000 Net SF 315802 Mall Uses consists of the existing mix of uses in MainPlace Mall, including retail, restaurant, and cinema square footage. 2 Assumes an average parking ratio of 3.875 and assumes that the Net Square Footage of the Mall is 81.75% of the Gross Floor Area; Source., Request for Council Action, November 20,2000, Vesting Tentative Parcel Map No. 99-132. The parking requirement for the existing Mall Uses, based on the approved parking standard, would be a parking supply of 3,580 spaces. MainPlace Mall - Existing Parking Supply and Effective Parking Ratio MainPlace Mall currently has 4,882 parking spaces. When compared to the parking requirement of 3,580 spaces, the existing parking supply provides a surplus of 1,302 spaces. When compared to the existing 1,130,000 square feet of GFA, the existing parking supply of 4,882 spaces equates to an effective parking ratio of 4.32 spaces per existing KSF of Gross Floor Area, and 5.28 spaces per existing KSF Net Floor Area, as shown on Table 5. Table 5 MainPlace Mall Existing Parking Supply and Effective Parking Ratio Use Quantity Current Effective Parking Supply Parking Ratio Mall Uses' 1,130,000 GFA 4,882 4.32 spaces / GFA 5.28 spaces / Net SF 2 1 Mall Uses consists of the existing mix of uses in MainPlace Mall, including retail, restaurant, and cinema square footage. 2 Assumes that the Net Square Footage of the Mall is 81,75% of the Gross Floor Area; Source: Requestfor CouncilAction, November 20,2000, Vesting Tentative Parcel Map No. 99-132. 75D-583 Mr. Oliver Robinson, May 2, 2019, Page 5 MainPlace Mall Specific Plan Parking MainPlace Mall - Existing Parking Demand and Effective Parking Ratio Parking occupancy data collection for the entire Mall was conducted on a typical Friday and Saturday in August, 2018. The peak parking demand observed was 2,472 occupied spaces, between 1:00 PM and 2:00 PM on Saturday. The peak parking demand of 2,472 spaces observed for the current Mall operations was factored to account for three issues: • The observed parking demand was factored to account for approximately 175,000 square feet of vacant space in the Mall at the time of the counts. The counts were taken in August. Based on the Urban Land Institute (ULI) seasonal parking factors published in the Shared Parking (2nd Edition) manual, a seasonal factor of 1.125 is applied to the observed parking demand to account for seasonal fluctuation. • A revitalization factor of 1.10 was then applied to account for an anticipated increase in Mall activity in response to the proposed MainPlace Mall Specific Plan improvements. Once these factors are applied, the observed peak parking demand and resulting estimated parking ratios for the existing Mall Uses would be as summarized on Table 6. Table 6 MainPlace Mall Parking Demand for Existing Development Peak Actual / Estimated Parking Adjustment Parking Usage Ratio Scenario GFA Demand Factors (spaces per s aces KSF GFA Existing Mall GFA 1,130,000 2,4721 2.19 Existing Occupied GFA 955,000 2,472 -- 2.59 Seasonal Factor 2 -- 2,781 1.125 2.91 Revitalization Factor 3 -- 3,059 1.10 3.20 1 Source, Kimley-Horn, August 2018 parking data collection at MainPlace Mall. 2 Source: Urban Land Institute (ULI) Shared Parking (2nd Edition) 3 Anticipated increase in Mall activity with proposed Specific Plan improvements KSF = Thousand Square Feet GFA = Gross Floor Area When each of these adjustment factors is applied to the observed peak parking demand, the resulting estimated parking ratio would be 3.20 spaces per KSF of Gross Floor Area for the existing Mall Uses. 75D-584 KimleyOHorn Mr. Oliver Robinson, May 2, 2019, Page 6 MainPlace Mall Specific Plan Parking PROPOSED MAINPLACE MALL SPECIFIC PLAN DEVELOPMENT AND PARKING STANDARDS MainPlace Mall Specific Plan The MainPlace Mall Specific Plan proposes the following changes to the approved entitlements for MainPlace Mall: Table 7 MainPlace Mall Summary of Approved and Proposed Land Uses Land Use Currently Entitled Proposed Difference Commercial SF 1,509,255 1,400,000 109,255 Office SF 1,500,000 750,000 750,000 Hotel Rooms 400 400 0 Residential DU 0 1,900 DU = Dwelling Unit As shown in the last column, the proposed plan would reduce the commercial and office square footage, and would add 1,900 multi -family residential units. Recommended Parking Standards for MainPlace Mall The approved parking standards for MainPlace Mall were presented previously on Table 2. The following presents a proposed approach to the parking standards to be adopted for the MainPlace Mall Specific Plan. Mall Uses The approved parking standard for the Mall Uses (retail, restaurant, and cinema) is currently 3.75 - 4.0 spaces per 1,000 Net Square Feet. As pointed out earlier, this parking standard has been a source of ambiguity, since the number of required parking spaces for the Mall are expressed as a single number, not as a range; and the Project entitlements are expressed in Gross Floor Area, not Net Square Footage. It is recommended that the parking standard for the Mall Uses be simplified to a single parking ratio, rather than a range; and that the standard be adjusted to apply to Gross Floor Area, rather than Net Square Footage, consistent with other parking standards. 765 The City Drive, Suite 200, Orange, CA 92868 714 939 1030 75D-585 Kim ley »> H orn Mr. Oliver Robinson, May 2, 2019, Page 7 MainPlace Mall Specific Plan Parking As shown on Table 3, the parking requirement for the approved 1,509,255 gross square feet of Mall Uses is 4,781 spaces. This would equate to a parking ratio of 3.17 parking spaces per 1,000 square feet of Gross Floor Area. This ratio is generally consistent with the effective parking ratio of 3.20 that was observed through the parking data collection for the existing Mall Uses. To provide an additional buffer over existing observed conditions, it is recommended that the parking standard for the retail, restaurant, and cinema uses be established at 3.5 spaces per Gross Floor Area in the Specific Plan. Office The approved parking standard for Office use is currently 3.0 spaces per 1,000 square feet of Gross Floor Area. It is recommended that this parking standard remain the same. Hotel The approved parking standard for Hotel use is currently 0.8 space per room for the first 300 rooms, and 1.0 space per room over 300 rooms. It is recommended that this parking standard remain the same. Residential The current MainPlace Mall approvals do not specify a parking standard for residential uses. It is recommended that the parking requirement for residential uses be established at 1.5 spaces per dwelling unit (DU) for residents, and 0.15 space per DU for visitors. These rates are consistent with the Urban Land Institute Shared Parking (2nd Edition) rates. The proposed parking standards for the proposed MainPlace Mall Specific Plan are summarized on Table B. Table 8 MainPlace Mall Specific Plan Proposed Parking Standards Use Proposed Parking Standard Commercial 35 / 1,000 SP GFA Office 3.0 / 1,000 SF GFA Hotel 0.8 / room, lst 300 rooms 1.0 / room over 300 rooms Residential1.5 / DU for residents, plus 0.1.5 / DU for guests GFA = Gross Floor Area DU = Dwelling Unit kimley-horn.com 765 The City Drive, Suite 200, Orange, CA 92868 75D-586 Kim ley >>i Horn Mr. Oliver Robinson, May 2, 2019, Page 8 MainPlace Mall Specific Plan Parking Using these proposed parking standards, the parking requirements for the proposed MainPlace Mall Specific Plan development would be as follows: Table 9 MainPlace Mall Specific Plan Parking Requirements Use Quantity Parking Required Standard Parking Commercial 1,400,000 SF GFA 3.5 J 1,000 GFA 4,900 Office 750,000 SF GFA 3.0 / 1,000 GFA 2,250 Hotel 400 rooms 0.8 / room, 1st 300 rooms 340 1.0 / room over 300 rooms Total Non -Residential 7,490 Residential 1,900 DU 1.5 / DU for residents, plus 3,135 0.15 / DU for guests Total with Residential 10,625 GFA = Gross Floor Area DU = Dwelling Unit SHARED PARKING ANALYSIS A shared parking analysis has been conducted for the proposed MainPlace Mall project using the methodology outlined in the Urban Land Institute (ULI) Shared Parking (2nd Edition) document. The purpose of a shared parking analysis is to determine the actual anticipated usage of the proposed parking supply for the project, taking into account the non -concurrent parking peaks for the retail, office, and hotel uses, and to determine the reduction in parking supply that can be supported due to shared parking synergies. Note that the residential uses are excluded from this analysis, because the tenant parking for the residential components will be reserved exclusively for the residential buildings. The ULI Shared Parking methodology is a multi -step process that, first, establishes the stand- alone peak parking requirements for a variety of uses, including office, retail, and hotel uses. The methodology then applies a percentage to the peak requirement for each use, to represent the actual usage of the parking requirement for each hour of the day between the hours of 6:00 AM and midnight, reflecting the fact that the parking demand for each use fluctuates throughout the course of the day. 75D-587 Kim I epM orn Mr. Oliver Robinson, May 2, 2019, Page 9 MainPlace Mall Specific Plan Parking Beneficial shared parking synergies exist between different uses whose peak operating times occur at different times of the day. The ULI study also identifies weekday vs. weekend variations in parking demand. Uses with non -concurrent peak operating characteristics can share a portion of the same parking supply without detriment to the other, rather than each providing their own distinct and complete parking supply. For example, the parking demand for office uses peaks on weekdays during the mid -morning and mid -afternoon hours; while the parking demand for retail uses peaks on weekends, when the office usage is at its lowest; and hotel parking demand peaks in the late night and early morning hours when both retail and office uses are typically closed. Monthly variations in parking demand for each use for each month of the year are also taken into account in the shared parking methodology. Parking demand for retail peaks on the weekend in the month of December, during the Christmas season, and is at 75% or less from January through October. Each of these factors is incorporated into the shared parking spreadsheets (see Attachment B), and applied to the office, retail, and hotel mix proposed for the MainPlace Mall project. Applying these factors to the proposed mix of uses yields a projected peak parking requirement, at a particular time of day (weekday and weekend) and season. In theory, the actual parking supply that would be needed for the project will not exceed the projected peak, due to the interrelationships and benefits of shared parking synergies. Shared Parking Results As shown previously on Table 9, the total parking requirement for the non-residential portions of the Project, without taking shared parking into account, would be 7,490 spaces. The shared parking analysis indicates that the parking demand for the proposed mix of uses would typically peak at 2:00 PM on weekdays, and 1:00 PM on weekends. The forecasted peak parking demand would range from 4,826 to 6,352 spaces on a weekday, and 3,113 to 4,882 on a weekend, depending on the month of the year, as shown on Table 10. Based on the shared parking synergies and fluctuations in peak parking patterns on a monthly, daily, and hourly basis, the shared parking synergies between the uses would allow for a parking reduction of between 788 (for the peak month of December) and 1,706 spaces (for the next highest peak month of November). The hourly fluctuations of parking demand for each of the office, retail, and hotel uses are shown graphically for November weekdays and weekends on Figures 1 and 2, respectively; and for December weekdays and weekends on Figures 3 and 4, respectively. 765 The City Drive, Suite 200, Orange, CA 92868 714 939 1030 75D-588 Kimley»)Horn Mr. Oliver Robinson, May 2, 2019, Page 10 MainPlace Mall Specific Plan Parking Table 10 Ma➢nPlace Mall Projected Peak Parking Demand by Month Weekday - 2:00 PM Weekend -1:00 PM Month Office Retail Hotel Total Shared Parking Relief Office Retail Hotel Total Shared Parking Rel➢ef Jan 2,250 2,398 178 4,826 2,314 194 2,776 144 3,113 4,027 Feb 2,250 2,398 203 4,851 2,289 194 2,776 165 3,134 4,006 Mar 2,250 2,634 215 5,099 2,041 194 3,049 174 3,416 3,724 Apr 2,250 2,595 213 5,058 2,083 194• 3,003 172 3,369 3,771 May 2,250 2,713 217 5,180 1,960 194 3,140 176 3,509 3,631 Jun 2,250 2,752 231 5,233 1,907 194 3,185 187 3,566 3,574• Jul 2,138 2,634 227 4,999 2,142 184 3,049 183 3,416 3,724 Aug 2,138 2,791 217 5,146 1,994 184 3,231 176 3,590 3,550 Sep 2,250 2,634 217 5,101 2,039 194 3,049 176 3,418 3,722 Oct 2,250 2,713 217 5,180 1,960 194 3,140 176 3,509 3,631 Nov 2,250 2,988 197 5,435 1,706 194 3,458 159 3,811 3,329 Dec 2,250 3,931 171 6,352 788 194 4,550 133 4,882 2,258 75D-589 Kim ley>>i Horn Mr. Oliver Robinson, May 2, 2019, Page 11 MainPlace Mall Specific Plan Parking Figure 1 MainPlace Mall Time -of -Day Parking Accumulation - November Weekday 7,000 ' 6,000 5,000 aim 4,000 31000 2,004 ' 11000 I low 600 7:00 &W 9:00 1000 11:00 12:00 1:00 2:00 3:00 4:00 5:00 6A0 7:00 &:W 9:00 10A0 11:00 U00 AM AM AM AM AM AM AM PM PM PM PM PM PM PM PM PM PM PM PM ■OHice ®Retail ®Hate) Figure 2 MainPlace Mali Time -of -Day Parking Accumulation - November Weekend 7,000 6,000 4,000 gn 3,000 2,000 1,000 gm 6:00 7:00 8:00 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 800 7.00 8:00 9:00 10.00 11:00 12:00 AM AM AM AM AM AM AM PM PM PM PM PM PM PM PM PM PM PM PM MOFOce ■Retail 6Hatel kimley-horn.com 765 The City Drive, Suite 200, Orange, CA 92868 75D-590 Kim I ey >>> H o rn Mr. Oliver Robinson, May 2, 2019, Page 12 MainPlace Mall Specific Plan Parking Figure 3 MainPlace Mall Time -of -pay Parking Accumulation - December Weekday 7,000 5,000 3,000 2,OOD _. 1,000 6.00 7:00 8;00 9:00 10:00 llAD 12:00 1:00 2:00 100 4A0 5:00 6A0 7;00 8:00 9:00 1ff.00 11:00 12:00 AM AM AM AM AM AM AM PM PM PM PM PM PM PM PM PM PM PM PM ®Office ®Retail ®H tel Figure 4 MainPlace Mall Time -of -Day Parking Accumulation - December Weekend 7,000 6,000 5,000 4,000 3,000 2,000 1,000 »x _ 6:00 7:00 8:00 9:00 10.00 11:00 1200 1:00 2:00 3:00 4:00 5A0 6:00 7:00 890 9:00 10:00 11:00 12:00 AM AM AM AM AM AM AM PM PM PM PM PM PM PM PM PM PM PM PM ®Office ®Retail ®Hotel 75D-591 Mr. Oliver Robinson, May 2, 2019, Page 13 MainPlace Mall Specific Plan Parking It should be pointed out that the results of this shared parking analysis are based on the assumption that all parking spaces are accessible to all uses, and conveniently located within a reasonable walking distance. For a development the size and complexity of the proposed MainPlace Mall, and depending on the final layout, location, and management of the parking supply, it may be necessary to exclude some portions of the parking supply from shared parking consideration, which would reduce the parking reduction that would be supported by shared parking. It is recommended that the potential for a shared parking arrangement between compatible uses be reviewed and evaluated based on proximity and accessibility as each new development comes on line. 765 The City Drive, Suite 200, Orange, CA 92868 75D-592 ►A■am01•14Llk � REQUEST FOR COUNCIL ACTION - NOVEMBER 20, 2000 VESTING TENTATIVE PARCEL MAP NO.99-152 75D-593 REQUEST FOR COUNCIL ACTION dueatlon,m CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 20, 2000 TITLE: VESTING TENTATIVE PARCEL MAP NO. 99-152 TO SUBDIVIDE MAINPLhCE/SANTA ANA INTO EIGHT PARCELS AT 2800 NORTH MAIN STREET RECOMMENDED ACTION 91I .. 0 As Recommended 0 As Amended 0 Ordinance on 1st Reading 0 Ordinance on 2nd Reacting 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Vesting Tentative Parcel Map No. 99-152 as conditioned. zoning Administrator Action Adopted a resolution approving Vesting Tentative Parcel Map No. 99-152 as conditioned at the meeting of October 11, 2000. DISCUSSION Request of Applicant Santa Ana Venture is applying for a subdivide the 53-acre MainPlace/Santa Ana parcels to accommodate the build -out of project, Property Description vesting tentative parcel map to regional shopping mall into eight the Fashion Square redevelopment The site, located at 2800 North Main Street, is at the north city boundary adjacent to the City of Orange and is abutted by the Garden Grove and Santa Ana Freeways, MainPlace Drive, and Main Street. The MainPlace area is in the District Center (DC) land use category of the General Plan. The zoning district for the site is General Commercial (C2) and the surrounding properties are a variety of commercial uses and abutting freeways (Exhibits 1 and 2). MainPlace/Santa Ana is an enclosed regional shopping center comprised of approximately 1,108,080 square feet on 53 acres with 170 mall tenants, 17 fast food shops, and four anchor stores (Macys, Nordstrom, and two Robinsons-May stores). FRUIC-1964 - 32.A. Tentative Parcel Map No. 99-152 November 6, 2000 Page 2 The property has three parking structures, two of which are located in the northwest corner of the site adjacent to the I-5/SR-22/SR-57 interchange, and one between Main Street and Nordstrom. The remainder of the property is surface parking. An expansion to the mall is anticipated, and will include a three level expansion of the south Robinsons-May store easterly toward Main Street adding approximately 70,000 square feet of floor area; a parking structure containing approximately 416 spaces adjacent to Main Street which would connect to the Robinsons-May expansion at the second level via bridges from the third level of the parking structure; and possibly a new major department store. The design of both the mall expansion and parking structure will be consistent with the existing facilities. Project Description The proposed project is a site plan and vesting tentative parcel map (Exhibits 3 and 4) with several purposes, the first of which is the division of the MainPlace property into eight parcels. The second is to, delineate ownership rights for development purposes on the property. Lastly, the map will vest development rights from a City perspective consistent with the rights conferred in the original Participation Agreement between the Redevelopment Agency and the developer group. The parcel layouts are restricted as to their future use as follows: PARCEL:NUMBER ,LOT SIZE`"(ACRES) [ISE:RESTRICTION", Parcel No. 1 1.1 Office (and ancillary uses) Parcel No. 2 3.4 Parking Structure Parcel No. 3 2.9 Hotel or motel (and ancillary uses) Parcel No. 4 3.0 Parking Structure Parcel No. 5 3.2 Developer Parcel (no use restriction) Parcel No. 6 4.2 Existing Parking Structure Parcel No. 7 3.2 Parking Structure Parcel No. S 25.1 Existing Regional Mall Total 46.1 Ancillary uses typically associated with the primary use listed above are permitted. The development that would result from this map will consist of the expansion of: A �-A IA Tentative Parcel Map No. 99-152 November 6, 2000 Page 3 1. The south Robinsons-May department store along with additional parking. 2, A 400 room hotel. 3. The construction of a south office tower with parking structure. 4. A north office tower with parking structure. The gross square feet of build -out is anticipated as follows: Use;i Grass` S.quare'Footage Retail, Cinema, and Restaurant 1,509,255 office Buildings 1,500,000 Hotel (400 Rooms) (approx.) 500,000 Total 3,509,255 Parking is the one development standard from which relief is requested with this application. Parking proposed to be entitled with this vesting map is based on the parking generation numbers in the Participation Agreement with the Redevelopment Agency and in the Reciprocal Easement Agreement between the mall owners, the department stores, and the City. These ratios include retail, restaurant, and cinema at four spaces per 1,000 square feet of net floor area, office at three per 1,000 square feet of gross floor area, and 0.8 space per room for the first 300 hotel rooms and 1.0 spaces per room thereafter. Use F City2'Standard =;_ Proposed Standard Retail 5/1,000 GFA 3.75-4.0/1,000 net Restaurant 10/1,000 GFA Count with retail office 3/1,000 GFA 3/1,000 GFA Hotel 1.1/room 0.8-1.0/room Conference 1/50 GFA N/A Cinema 1/3 seats Count with retail Analysis of the Issues MainPlace was developed in 1986 as a joint venture of JMB Realty and Santa Ana Venture pursuant to a Participation Agreement with the Redevelopment Agency. Phase 1 of the approved development was for over one million A Tentative Parcel Map No. 99-152 November 6, 2000 Page 4 square feet of retail space in a mixed use setting. An Environmental Impact Report was prepared and certified for the total build out plan for the MainPlace project. No specific plan or special district zoning was created at that time since the General Commercial (C2) district accommodated the project. Subsequently, the commercial development standards have been modified in response to the proliferation of strip centers and mini -malls on small sites throughout the City. These new standards include the requirement of a 15-foot landscape buffer along all streets and internal parking lot landscaping which are appropriate for the scale of small projects but are often excessive when applied to larger scaled projects such as a regional mall. In 1990, the property owner applied for and received approval for relief from parking, setback, and landscaping standards in order to facilitate a 20 percent expansion to the retail mall. A 10 percent parking reduction was granted with 4,987 spaces provided. 'The mall was built Tout Ito "its ;current square footage of 1,108,080 square feet in 1991 with 5,048 parking" spaces at MainPlace. In 1996, ;the ,applicant received approval to expand :MainPlace "with a `70,000 ;square >cot "addition =to the south Robinsons-May' store,` .,expand 'the ,cinemas, "add;restaurants,` .and ;rebuild the ;Sank ,of -,America. This approval reduced the parking ratio on -site to 4.1 per 1,000 square feet. other than the Bank of America work, this phase never proceeded. The Robinsons-May proposal from the 1996 submittal is now part of this package. 1. Tentative Parcel Map The proposed subdivision is consistent with the District Center (DC) land use designation of the General Plan and the General Commercial (C2) zoning district. The design, configuration, and size of the eight parcels being created are in conformance with all of the City of Santa Ana requirements and standards for the subdivision of property. The site is a highly visible parcel of land easily seen from the Santa Ana (I-5) Freeway and adjacent businesses. The property being subdivided is flat with over 1,000 feet of street frontage on Main Street. Each parcel will have at least 100 feet of street frontage on either Main Street or MainPlace Drive. The site is 46.1 acres, -which accommodates the proposed uses. The proposed parcels well exceed the 15,000 square feet minimum required by the., Community Commercial (CI) zoning district. No additional streetE dedications are required of this subdivision. There are no anticipated environmental or health impacts as a result of this iv's' Tentative Parcel Map No. 99-152 November 6, 2000 Page 5 The subdivision of MainPlace is not anticipated to create any impacts to the other uses on -site and in the area. The on and off -site circulation is not impacted by the proposed layout and all future development is required to be designed to tie in with the overall project. The proposed map will facilitate the development of the long-range redevelopment plan and contribute to the long-term success of the project. The overall project is not an intensification of activity from the original redevelopment plan for the site and area. As such, dedication and street improvements on Main Street or MainPlace Drive are.not necessary with this project. 2, Parking The current City parking requirement was developed to satisfy the demands of small retail centers that are characterized by high trip generation and short vehicle parking time on -site. A regional mall, however, generates parking demand at a lower rate because of more extended stays and high pedestrian activity. MainPlace has, as part of its participation agreement with the Redevelopment Agency, reciprocal easement agreements with the department stores; further, subsequent variances created parking generation numbers different from the City's ,zoning code which are reflective of a regional shopping mall rather than smaller community or neighborhood centers. The proposed parking requirement for MainPlace is as follows: Generation City City Proposed; FProposed i Use f { h Y J.."' 1 Factor,_ S ... ... LP i 1 �`1 k'f•$ 3 1,,.:a r' i .. 4 �'.:: Requirement- .,'Standard„'Requirement' ,x,$tandard 3.75- Retail 1,421,255 GFA 5/1,000 GF 7,106 4.0/1,000 net 4,781 Count with Restaurant 50,000 GFA 10/1,000 UP 500 retail. 0 Office 1,500,000 GFA 3/1,000 GFP 4,500 3/1,000 GFA 4,500 Hotel 400 rooms 1,1/room 440 0,8-1.0/room 340 Conference 12,000 GFA 1 50 GF 240 N/A 0 Count with Cinema 1,918 seats 1/3 seats 639 retail. 0 :;f °13,42=5&fit '9;6 v1t7` tv��14r^■ 9 _� Tentative Parcel Map No. 99-152 November 6, 2000 Page 6 The resulting overall parking ratio is 3.44 spaces per 1,000 square feet of mall and office area. This ratio is consistent with the reciprocal agreement between the major tenants and property owner as well as the Owner Participation ,Agreement with the Redevelopment Agency. in order to assess if the parking ratios in the Participation Agreement, the Reciprocal Easement Agreements, and those proposed with this vesting tentative map will realistically address the parking needs of a multi -use regional shopping mall, the applicant has submitted a traffic analysis (Exhibit 5). The study was prepared based on the Urban Land Institute's shared use demand methodology. Per the model, parking generation is calculated by each use using Urban Land Institute demand factors and adjusting them for both time of day and seasonal variations. Based on this methodology, peak demand occurs on a December weekday at 2:00 p.m. The difference between code, the original redevelopment agreement, and the recent parking demand study are shown below. Requirement* � a , , F ,• , _ .:Parking .A City Code 13,425 Participation Agreement 9,621 Urban Land Institute Study 8,754 3. Uniform Codes A result of the creation of the proposed map is the placement of property lines that would, if this were not a covered mall, create violations of the uniform building codes related to yard areas and unprotected openings such as doors and windows near the new property lines. Because the property is held together as a covered mall, a different set of rules set forth in the uniform codes set forth appropriate conditions that require all future development to protect life safety issues. however, because there are no current development plans for the newly created development parcels, a series of conditions have been developed to ensure that future development is consistent with the uniform building code covered mall standards, such that all life safety concerns of the uniform codes are met at the time each subsequent project is submitted into, site plan review and Building Division plan check. e.. r i a s. ii Tentative Parcel Map No. 99-152 November 6, 2000 Page 7 Based upon the analysis of the issues and findings, .staff recommends Approval of Tentative Parcel Map No. 99-152 as conditioned. Environmental ampact The prior Environmental Impact Report and Addendum prepared for MainPlace has been determined to satisfy the requirements of the California Environmental Quality Act (CEQA) for the proposed vesting tentative parcel map. The addendum (Environmental Review 96-033) to the Fashion Square Environmental impact Report was prepared for a prior expansion. Cynthia J Nelson Deputy City Manager Development Services CJN;JM jsx\reports\tpm99-152.CC r ! • •.. *ii':v 1 Y Al GENERAL AGRICULTURE CS ARTERIAL COMMERCIAL .PRO PLANNED RESIDENTIAL DEVELOPMENT •B PARKING MODIFICATION OR COMMERCIAL RESIDENTIAL Al SINGLE FAMILY RESIDENTIAL GSM COMMERCIAL SOUTH MAIN GD COVERNMENTMCENTER flb4000 SMALL LOT SINGLE FAMILY RES. Cl COMMUNITY COMMERCIAL MI LIGHT INDUSTRIAL R2 LIMITED MULTIPLE FAMILY RES, 01-MO COMM. COMMERCIALIMUSEUM DISTRICT M2 HEAVY INDUSTRIAL 83 MEDIUM DENSITY M ULTIPLE C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS FAMILY RESIDENTIAL C3 CENTRAL BUSINESS O OPEN SPACE R4 SUBURBAN APARTMENT$ C3-A CENTRAL BUSINESS•ARTISTVILLAGE P PROFESSIONAL RE REAL ESTATE 04 PLANNED SHOPPING CENTER PCP PLANNED COMMUNITY DEVELOPMENT SD SPECIFIC DEVELOPMENT SP SPECIFICPLAN Aft, TENTATIVE PARCEL MAP 99-152 J, V MAINPLACE/SANTA ANA PAS^ 2800 NORTH MAIN STREET -- —=2500 FEET n i DOB FEET ------30OFEET P L A IN N I N E A N D B U I L 0 1 N G A G E N C Y EXHIBIT 1 A VIR C0.RDEN GR�VEE _----"" ArUf OFFICE BUILDING SITE STORE 4 (p w Z PARKING Z STRUCTURE O PARKING STRUCTURE SITE U PARKING $7RUCTURE 7 MACNS \ be .0 HOTEL SITE lb STORES � V PARKING STRUCTURE 1p STORES NEW OSINSONS� z sLEVEL 4 MAY ;•, 'ad PECK'= O PARKING STRUCTURE G OFFICE SITE OF SLOGDG . Q PARKINGLOT 617E OFFICE TENTATIVE PARCEL MAP 99-152 MAINPLACE/SANTA ANA 2800 NORTH MAIN STREET 30U' FEE TRADIUS P L A N N I N G A N 0 B U I L D I N G A G E N C Y EXHIBIT 2 r�� 32.A. s :si$3g 3AY.s $Air e^ 41[ n Pf4 (v 4P+ 1g00---I1 i?11 M, R5{4c d,t j rlx�k1 �+ xi} l4q M !1 n :blaiz JmNi.l�+fx�mra' 1�.1 �I.y 5 ri������} 0l AA�firt 9 fl�"TA.I i'I ['An P A tlf A@jx �la�x "'a nia� �. T -. t,L I _ �+i I 1 11.33815 NAYW CV to € CA c z E- rn a 9 If e t p'+#e5i s o; x y z t' a' Ti{E 37i f pr s}p32 y �sy€i!v't3 '' e t yy qq ]s 9 �s e z }r t 4ee T i Yti f S�jFf Yta K ! %a t �4Eyd Se Tx [ } Iiti 3 i �safs-Mil v' a !t i:� YY1Fa � fr 9.e g ??: t � gtmE it y1 x -lf iF Q q r t x t IY 2 '' f 5!F if if vs fq >s ! € i s7 ixcix hCR q s net 4 a! i 1. jID, x}dt°i L_�.L! i1 I� I i S f-7-- SI)iapiArlA1. I { f n I Is (iicf' T ( '' I. is e t T 8 fi d 3s 1`S ripEi e..t ss s �ri YS 9fz ;if vv. i f 1 yt a e Yx J i8 } s§ f IMP I P tI S ! �! °i#{' s tsi3€ { € [S I7e }t i{ 3a 3 Adz €` g+ £ t. •3? .;- : f„ 3x fs9 4 rrsi 7 t es a ee x pa isa 1% is} %} Ai c{ tl 3esxi i} i a Tyy5 ,X{ z bi x z t F °i.>•i T}z °€ ;ci`_i 2% } tt tx g {f fits 34 T€ !i x v s£€ a a v! #i 3 z sT# e9 sQ a� rt{ F11. L{ gt x i tj if 9jSj�c (v {i iva a £}x a {ttasx{� !!a f€ r f it iE �E 97�i 9 Q(i5 t i e s It ar Ys Six 2 1 M t'}{ 5F, x C _^ Co G sCt.' f Gr;L,oC, rme,- MILLS NCVW !e g �'� F s `�R I4p !e#£E T1� i n tvi x t Y Y V CYa 39 t 7 SANTA ANA F/C DEVELOPMENT VENTURE LLC P.O. Box 25738 • Santa Ana, California 92799 (714) 540-0110 May 18, 2000 Hand Delivered Mr. Jeffrey Rice City of Santa Ana Planning & Building Agency P.O. Box 1988, M-20 Santa. Ana, California 92702 Re: MainPlace Vesting Map Dear Jeff: Attached is a copy of the Parking Demand Analysis for MainPlace. The analysis is generated by using the Gross Leasable Square Footage (GLSF) of the various elements (generators) of the development, and then applying the average demand factors estimated by the Urban Land Institute. This information is then adjusted using both seasonal and time of day demand information to project the `Shared Use Demand'. Per the model, the peak demand occurs on a December weekday at 2 p.m. and is based on the following elements: Elements Space Demand • Office 1,500,000GLSF 4,147 • Retail 1,035,435 GLSF' 4,017 • Restaurants 38,791 GLSF* 314 • Cinema 1,918 Seats' 126 • Hotel 400 Rooms 95 • Hotel Convention 12,000 GLSF _54 Total Spaces - Demand 8,754 Under the proposed vesting snap, the following ratios would apply: Rafift Total Spaces Office 1,500,000 3/1000 4,500 Retail 1,100,000 3.75/1000 4,125 Hotel 400 Room 1/room 4000. Total Spaces —Proposed Supply 9,025 MA N , Note: Retail area calculations are based on criteria from the parking model and are slightly greater than 'V � ■ /'©1, r actual development. E 1 Mr. Jaffrey Rice City of Santa Ana Planning & Building Agency Page Two Jeff, please let me know if you need additional information. Thank you. Very truly yours, Chase J. McLaughlin IC att. CA0231 A ATTACHMENT B MAIN PLACE MALL SPECIFIC PLAN ID. 75D-607 S m m n r0 a N C e�1p a oNaN N V D m�v io H 6.T g S nM D n a r H ri iri dv0i ui �ri vi dam j D o D D D o O O D o O o D o o D o O o Z p ^ S u O ............. O O O O O V 2 � O 0 0 0 0 0 0 0 o D o ......... sS p OVV11loo v v11 v vIIvv11NY Y Y Y Y Y Y Y Yo 0 O S SO O Y M O O O O O O O O O O o O Op D O O O O O O0OuLL_o 'E 3 i E 0 0 0 0 D O o o O D o 0 dLL o N LL D D D O D D D D D O O D D O om 0 10 �i�5 . 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O O Q$ g g S O O S O N lc n m m t c a ao �� C arc c f 3 Ste' n n n p z U' ¢ ¢ z �w¢ p p a z z p z z � a aa� 6 6 p aa~ p O � G�w oo� LLz� e 'ate WYY 33a a 0 75D-608 G aPinPoom�.i �:.��om .aie �'�oaaa�mao r O mao �.ti ry nim non nim v�v�`$a0mh F j o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O U 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a z0 IT �p Qo 0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 g z s8 N LL C V2 V2 Q vQ v2 Y Y Y Y Y �Y 0 X Q w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 0 o g o o g S o 0 o C o 4 6 o"4e d c d p in ^+ z Y p zF K p OF O OFF O O O O O O O O O O O O O O O � p 2 p m F Z O > O 2 E 0 O o 0 0 0 0 0 0 0 0 o O o 0 o O o O dLL a a= 0 0 0 0 0 0 0 0 0 0 0 o a 0 0 0 0 � o �a01voamv'm��.°j+rv�rvmm.0im0 L a O W M n) M M T W p N Q P-Mi a Io- aLA� a O z o N 8 0 00 O 00 z ��^^ O b 0 0 e� 8 8 `v'� 8 8 2p� O yypp O b a 0 a z a 0 h m 0 0 0 0 VI < p p 00 00 e e o o [�^� b �• dP dE a o° d` S� o o e\'\' V' Y z 2 K a O oo 0- 2 p w ��� e 0 o o0 0 a o 0 i� N m ,ro e� x 0 0 0 w 0 8 4O n n ro n 0 e a a� o r$ 0� 0 n ro ro m vi o p v=i MO p p v o 0 0 0 p D 0 0 0 0 0 N m m N W p p ~~ o 0 8 8�� ~ � N a vl W 2.0 OJ N � �-i N O 2 W t � } f' N N W (� b0 O�� CO 1�0 N N� N N N �N r p Y p O LL O O O O OI OO a N OO 6 O O� O •i O Ol N N W 'i C p J F u Z s T WU' i3Em z nw � Q E q VLLI O O o$8�+�mQ d' Q J- E �' a Nin s �onmmem�naanmw ei n Ol Ol OJ N N N ry z rc � $°mmti��dP�mu�iammgmodP bP� Ox ti.id d d =,y0 0 8 $ e a c ncma00oMn'"0e mio .+0rvrva .J e 9 9 9 y QJ�rvvOieen w "'rNa01DOmmmmmmro�N 0 g m md°i$md 3: e mod" n�m �n a.�i boo z G e 0 T� 00 0 00 LL ry n m o ro w e m� a n a O Y 0 N ei OO ei � R E a p Y¢ Q¢ a Q Q Q a a a a a n n n a d d d C � F a m�c a �o�amo•�"i .+rvr�i ci.i �6nro t ¢ 75D-609 This page left blank intentionally. 75D-610 75D-611 MAINPLACE MALL TRANSFORMATION PROJECT EIR ADDENDUM The MainPlace Mall Transformation Project EIR Addendum and Technical Appendices is available online at: https://www.sa nta-ana.oM/pb/plan ning-d ivision/ma jor-pla n n i ng-projects-a nd- docu ments/ma i n-place-mall-tra nsformation-project Or by visiting: Planning and Building Agency — Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 75D-612 PrelHIINVA DEVELOPMENT AGREEMENT The MainPlace Mall Transformation Project Development Agreement is available online at: https://www.sa nta-a na.o ra/pb/pla nn i na-division/ma f or-plann i nE-pro iects-and-documents/main-place- m al I -transform ation-pro iect 75D-613 This page left blank intentionally. 75D-614 EXHIBIT 2 LS 6.4.19 CITY COUNCIL RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE FASHION SQUARE COMMERCIAL CENTER PROJECT (SCH NO. 1983021103) FOR THE MAINPLACE MALL TRANSFORMATION PROJECT AND RE -ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, MainPlace Shoppingtown, LLC ("Developer" or "Applicant") proposes the MainPlace Mail Transformation Project ("MainPlace Project") at 2800 N. Main Street ("Property") in the City of Santa Ana ("City"); and WHEREAS, the Property is an approximately 49-acre property and the current site of the existing MainPlace Mall, an enclosed 2- to 3-story shopping center with approximately 1,130,000 square feet of commercial uses; and WHEREAS, the MainPlace Project seeks to revitalize the existing MainPlace Mall to adapt to changing market conditions, facilitate private investment, and provide a long- term development plan for the Property; and WHEREAS, the MainPlace Project proposes a full buildout at the Property of 1,400,000 square feet of commercial, 760,000 square feet of office, 400 hotel rooms, and 1,900 residential units; and WHEREAS, the entitlements sought for the MainPlace Project include adoption of a Specific Plan (Specific Plan No. 4), approval of a Tentative Parcel Map (Tentative Parcel Map No. 2018-01), and approval of a Development Agreement (Development Agreement No. 2018-02); and WHEREAS, in 1983, the City Redevelopment Agency certified the Final Environmental Impact Report ("1983 EIR") for the Fashion Square Commercial Center Project ("Originally Approved Plan"), which analyzed the potentially significant environmental impacts of a mixed -use commercial center with 1,600,000 square feet of commercial space, 1,600,000 square feet of office space, and 1,200 hotel rooms; and WHEREAS, in 1996, Addendum ER 96-033 ("1996 Addendum") to the 1983 EIR was prepared and approved to evaluate a then -proposed expansion of the Originally Approved Plan's commercial uses; and WHEREAS, pursuant to the 1983 EIR as amended by the 1996 Addendum, the Property is currently entitled for up to 1,609,256 square feet of commercial, 1,500,000 square feet of office, and 400 hotel rooms ("Current Entitlements"); and 55394.00053 �32005 702.1 75D-615 WHEREAS, the Current Entitlements could be developed without any further discretionary permits issued by the City; and WHEREAS, when compared against the Originally Approved Plan, the MainPlace Project represents a reduction of 200,000 square feet of commercial, a reduction of 750,000 square feet of office, a reduction of 800 hotel rooms, and the addition of 1,900 residential units; and WHEREAS, when compared against the Current Entitlements, the MainPlace Project represents a reduction of 109,255 square feet of commercial, a reduction of 750,000 square feet of office, no change in the number of hotel rooms, and the addition of 1,900 residential units; and WHEREAS, when compared against the existing MainPlace Mall, the MainPlace Project would permit the addition of 270,000 square feet of commercial, the addition of 760,000 square feet of office, the addition of 400 hotel rooms, and the addition of 1,900 residential units; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA") and the State CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), the City is the Lead Agency for the MainPlace Project; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has already been certified, the Lead Agency is prohibited from requiring a subsequent or supplemental EIR unless at least one of the circumstances identified in Public Resources Code section 21166 or State CEQA Guidelines section 15162 are present; and WHEREAS, City staff has evaluated the MainPlace Project and considered whether, in light of the impacts associated with its development, any supplemental or subsequent environmental review is required pursuant to Public Resources Code section 21166 or State CEQA Guidelines section 15162; and WHEREAS, based upon the analysis contained in the MainPlace Mall Transformation Project EIR Addendum ("2019 Addendum") City staff has concluded that none of the circumstances described in Public Resources Code section 21166 or State CEQA Guidelines section 15162 have occurred, and thus no supplemental or subsequent EIR is required; and WHEREAS, on May 13, 2019 at a duly noticed public hearing, the Planning Commission considered the 2019 Addendum and recommended its approval to the City Council; and WHEREAS, on June 4, 2019, at a duly noticed public meeting, the City Council has reviewed the Addendum, along with the Information in the 1983 EIR and the 1996 Addendum, prior to taking action on the MainPlace Project; and 35794.00053%32004762J 75D-616 WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated herein by reference. SECTION 2. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, and finds that these documents taken together contain a complete and accurate reporting of all of the potential environmental impacts associated with the MainPlace Project. The City Council further finds that the 2019 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds and determines that the Addendum reflects the City's independent judgment. SECTION 3. Based on the substantial evidence set forth In the record, including but not limited to the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the MainPlace Mall Property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: (a) The MainPlace Project does not constitute a substantial change that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (b) There is not a substantial change with respect to the circumstances under which the MainPlace Project will be developed that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. (c) New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 1983 EIR was certified or adopted, showing any of the following: (1) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially 55394.0005312005762.1 75D-617 reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 4. The City Council hereby finds that certain mitigation measures Identified in the 1983 EIR remain applicable to the MainPlace Project, while other mitigation measures are no longer applicable on the basis they have already been completed, or have been superseded by law. These findings are laid out more specifically in the Mitigation Monitoring and Reporting Program ("MMRP") attached hereto as Exhibit A. The City Council therefore hereby re -adopts those mitigation measures identified as remaining applicable to the MainPlace Project, through the MMRP attached hereto and incorporated herein as Exhibit A. SECTION 5. The City Council hereby approves and adopts the 2019 Addendum, attached hereto and incorporated herein as Exhibit B. SECTION 0. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Frown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. SECTION 7. The City Council directs staff to prepare, execute and file a CEQA Notice of Determination with the Orange County Clerk's Office within five working days of the City Council's approval of the MainPlace Project. 55394.00053 V 2005762.1 75D-618 SECTION 8, The 1983 EIR, the 1996 Addendum, and the 2019 Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at Santa Ana City Hail, Planning and Building Agency, M20, 20 Civic Center Plaza, Santa Ana, California 92802. The custodian of these records is Norma Mitre, Acting City Clerk for the City. SECTION 9. This resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this resolution. ADOPTED this 4th day of June, 2019. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck, Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. 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'A ,CL 91 4+ W_ m N N N e 74�T$o0 a '« v L5 @y ryol W v 0 a XV v 8 U C 75D-637 MAINPLACE MALL TRANSFORMATION PROJECT EIR ADDENDUM The MainPlace Mail Transformation Project EIR Addendum and Technical Appendices is available online at: https://www. anta-ana ora(pb/planning-division/major-planning-proiects-and- documents/ma i n-place-mall-transformation-p roiect 55394.0005302005762.1 Or by visiting: Planning and Building Agency— Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 75D-638 EXHIBIT 3 LS 6.4.19 CITY COUNCIL ORDINANCE NO, NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-04 FOR THE MAINPLACE MALL SPECIFIC PLAN FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET WHEREAS, the City of Santa Ana ("City") is authorized pursuant to Government Code Sections 65450 through 65457 and the Santa Ana City Charter to adopt specific plans to implement its General Plan by acting as statements of planning policy that refine the general plan policies applicable to a defined area, by directly regulating land use, or by bringing together detailed policies and regulations into a focused development scheme; and WHEREAS, applicant MainPlace Shoppingtown, LLC ("Developer") proposes the MainPlace Mall Transformation Project ("MainPlace Project") at 2800 N. Main Street ("Property') in the City, more particularly described in Exhibit A, attached hereto and Incorporated herein by this reference; and WHEREAS, the Property is an approximately 49-acre property and the current site of the existing MainPlace Mall, an enclosed 2- to 3-story shopping center with approximately 1,130,000 square feet of commercial uses; and WHEREAS, the MainPlace Project seeks to revitalize the existing MainPlace Mall to adapt to changing market conditions, facilitate private investment, and provide a long- term development plan for the Property; and WHEREAS, the MainPlace Project proposes a full buildout at the Property of 1,400,000 square feet of commercial, 750,000 square feet of office, 400 hotel rooms, and 1,900 residential units; and WHEREAS, the entitlements sought for the MainPlace Project include adoption of a Specific Plan (Specific Plan No. 4) approval of a Tentative Parcel Map (Tentative Parcel Map. 2018-01), and approval of a Development Agreement (Development Agreement No. 2018-02); and WHEREAS, the General Plan land use designation for the Property is District Center and zoning for the Property is General Commercial (C2); and WHEREAS, the proposed MainPlace Mali Specific Plan ("Specific Plan"), attached hereto and incorporated herein as Exhibit B, would regulate and guide land development, design, as well as plan administration and implementation for the Property and the MainPlace Project; and 55394M053t32105777. t 75D-639 WHEREAS, pursuant to SB 18, which requires local governments to consult with California Native American Tribes before adopting or amending a specific plan, the City contacted the Native American Heritage Commission (NAHC) to request a list of tribes that should be consulted about the MainPlace Project, and NAHC provided a list of six tribes; and WHEREAS, on January 28, 2019, the City formally invited the six Native American Tribes identified by NAHC (Juaneno Band of Mission Indians Acjachemen Nation, Gabrielino-Tongva Tribe, Gabrielino Tongva Indians of California Tribal Council, Gabrielino/Tongva Nation, Gabrieleno/Tongva San Gabriel Band of Mission Indians, and Gabrieleno Band of Mission Indians —Kith Nation) to consult and none responded requesting consultation; and WHEREAS, the Specific Plan came before the Planning Commission for a duly noticed public hearing on May 13, 2019. At that hearing, the Planning Commission recommended that the City Council approve said Specific Plan; and WHEREAS, the Specific Plan came before the City Council for a duly noticed public hearing on June 4, 2019, WHEREAS, the City Council has determined that by adopting the Specific Plan, the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; and WHEREAS, the physical effects, if any, of the MainPlace Project and this Development Agreement have been analyzed pursuant to California Environmental Quality Act ("CEQA") (Pub. Resources Code section 21000 et seq.) in the certified Final Environmental Impact for the Fashion Square Commercial Center Project ("1983 EIR"), Addendum ER 96-033 to that 1983 EIR ("1996 Addendum), and the MainPiace Mall Transformation Project EIR Addendum ("2019 Addendum), and together these documents contain a complete and accurate reporting of all of the potential environmental impacts associated with the MainPlace Project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN A$ FOLLOWS: SECTION 1. C QA. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows; Based on the substantial evidence set forth in the record, including but not limited to the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, the City Council finds that an addendum Is the appropriate document for disclosing the changes to the MainPlace Mali Property, and that none of the conditions Identified In Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: 93394.00053\3 2005777.1 75D-640 A. The MainPlace Project does not constitute a substantial change that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the MainPlace Project will be developed that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously Identified significant effects. C. New information of substantial Importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 1983 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (11) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (III) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 2. GENERAL PLAN CONSISTENCY. Based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Specific Plan is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana In that: A. The City of Santa Ana has officially adopted a General Plan. B. The land uses and development authorized by the Specific Plan, and the Specific Plan itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: The existing General Plan land use designation for the Property is District Center --Intended to serve as an anchor to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high-rise office, commercial, 55394.00053\32005777,1 75D-641 and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. 2. the proposed project will support several goals and policies of the General Plan, including: a. Housing Element (HE) Goal 2: Create diversity of quality housing, affordability levels, and Living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. b. HE Policy 2.2: Create high intensity, mixed -use urban villages and pedestrian -oriented experiences that support the mid- to high-rise office centers, commercial activity, and cultural activities in the varied District Centers. C. HE Policy 4.4: Provide adequate rental and ownership housing opportunities and supportive services. d. Land Use (LU) Element Goal 1: Promote a balance of land uses to address basic community needs. e. LU Policy 1,2: Maintain and foster a variety of residential land uses in the City. LU Policy 4.3: Support land uses which provide community and regional economic and service benefits. g. LU Policy 4.4: Encourage the development of projects which promote the City's image as a regional activity center. h. LU Policy 5.5: Encourage development which is compatible with, and supportive of surrounding land uses. LU Policy 5.7: Anticipate that the intensity of new development will not exceed available infrastructure capacity. Land Use (LU) Element Goal 6: Reduce residential overcrowding to promote public health and safety. k. Urban Design (UD) Element Goal 1: Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. 55394X053 02005777.1 75D-642 UD Policy 1.1: New development and redevelopment must have the highest quality design, materials, finishes and construction. C. The proposed Specific Plan will not adversely affect the public health, safety, and welfare in that the Specific Plan will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. $ECTION 3. EFFECTIVENESS. The Specific Plan shall not be effective unless and until the following is adopted and become effective: Resolution No. 2019-xx (2019 Addendum). If the approvals and the Specific Plan are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then the Specific Plan shall be null and void and have no further force and effect. SECTION 4. INDEMNIFICATION, The Developer shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (Including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and Instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Developer shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Developer of any Action brought and City shall cooperate with Developer in the defense of the Action. SECTION 5. CITY COUNCIL ACTION. The City Council hereby approves the MainPlace Mall Specific Plan, attached hereto and incorporated herein as Exhibit B, and which shall not take effect unless and until the 2019 Addendum is certified by the City Council. SECTION 6. Pq LIGATION. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner 55394.00053W005777.1 75D-643 prescribed by law. ADOPTED this 41h day of June, 2019. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: k�— — Z�— ��� Lisa Storck, Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana 55394M053\32005777.1 75D-644 EXHIBIT A PROJECT SITE 95394.00033\32005777A 75D-645 OV08),8lNno:) 4NV NMOl 75D-646 .......... i I TOWN AND COUNTRY RD "X Rf ,. ,NDII ] f 4 at o - D of RI mu ` _ 09 �d RI �. � vxww.cua o "FJI:-', btR S ap3 RI x RI ax ax it, RI y\ J � A1„ Rt \ �I I All x Av R1 �� WF Rf Rf RI --5� i RI � M RI RI Rf I 4i Rf I j c �_.RN3A�dINC"{ Rt \ � EWlpl 3 I RI \ I I I I ZONING DISTRICTS Al GENERAL AGRICULTURAL CSM SOUTH M4NSTREETCOMMERCIAL DIST. R2 TWO-FAMRY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMEJTCENTER R2 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAY ZONE CWD COMMUNFFYCOMMERCIAL- MUSEUM DIST. MI LIGHTNDUSTRIAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPNGCENTER 0 OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT C5 ARTERIALCOMMERCl41- P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL RI SINGLE-FAMILY RESIDENCE IOZi IMETRO EAST OVERLAY ZONE - SECTIONAL DISTRICT MAP: 31-4-9 CITY OF SANTA ANA. CALIFORNIA Exhibit: 75D-647 EXHIBIT B MAINPLACE MALL SPECIFIC PLAN The MainPlace Mall Transformation Project Specific Plan (SP-4) is available online at: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and- docum ents/m a in-place-m all-transformation-proi ect Or by visiting: Planning and Building Agency — Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 55394.00053\32005 77 7.1 75D-648 EXHIBIT 4 LS 6.4.19 CITY COUNCIL ORDINANCE NO. NS•XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO, 2018-02 BETWEEN THE CITY OF SANTA ANA AND MAINPLACE SHOPPINGTOWN, LLC FOR THE MAINPLACE MALL TRANSFORMATION PROJECT AT 2800 NORTH MAIN STREET, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ. WHEREAS, the City of Santa Ana ("City") is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter Into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process; and WHEREAS, the City has found that development agreements strengthen the public planning process, encourage private participation In comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, the City enters into this Development Agreement pursuant to the provisions of the Government Code and applicable City policies; and WHEREAS, applicant MainPlace Shoppingtown, LLC ("Developer") proposes the MainPlace Mall Transformation Project ("MainPlace Project") at 2800 N. Main Street ('Property') in the City, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the Property is an approximately 49-acre property and the current site of the existing MainPlace Mall, an enclosed 2- to 3-story shopping center with approximately 1,130,000 square feet of commercial uses, and WHEREAS, the MainPlace Project seeks to revitalize the existing MainPlace Mall to adapt to changing market conditions, facilitate private Investment, and provide a long- term development plan for the Property; and WHEREAS, the MainPlace Project proposes a full buiidout at the Property of 1,400,000 square feet of commercial, 750,000 square feet of office, 400 hotel rooms, and 1,900 residential units; and WHEREAS, the entitlements sought for the MainPlace Project include adoption of a Specific Plan (Specific Plan No. 4) approval of a Tentative Parcel Map (Tentative 55394A0053'.32005772.1 75D-649 Parcel Map. 2018-01), and approval of a Development Agreement (Development Agreement No. 2018-02); and WHEREAS, the Development Agreement, attached hereto as Exhibit B, came before the Planning Commission for a duly noticed public hearing on May 13, 2019. At that hearing, the Planning Commission recommended that the City Council approve said Development Agreement; and WHEREAS, the Development Agreement, attached hereto as Exhibit B, came before the City Council for a duly noticed public hearing on June 4, 2019. WHEREAS, entering into this Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the Developer to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process; and WHEREAS, the Project and the use that the Developer proposes in connection with the Property have been extensively reviewed and considered by the City, and such proposed development and use have been found to accommodate the City's recommendations and suggestions in order to protect the public's interest to enhance the desirability of such proposed development and use. The terms and conditions of this Development Agreement have been found to be fair, just and reasonable, and the City has concluded that the pursuit of the MainPlace Project will serve the Interests of the City; and WHEREAS, the City Council has determined that by entering into the Development Agreement, the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; and WHEREAS, the physical effects, if any, of the MainPlace Project and this Development Agreement have been analyzed pursuant to California Environmental Quality Act ("CEQK) (Pub. Resources Code section 21000 at seq.) in the certified Final Environmental Impact for the Fashion Square Commercial Center Project (1983 EIR"), Addendum ER 96-033 to that 1983 EIR ("1996 Addendum), and the MainPlace Mall Transformation Project EIR Addendum ("2019 Addendum), and together these documents contain a complete and accurate reporting of all of the potential environmental impacts associated with the MainPlace Project; and WHEREAS, the City and Developer have reached mutual agreement and desire to voluntarily enter Into the Development Agreement to facilitate development of the Project subject to the conditions and requirements set forth therein; and WHEREAS, the terms and conditions of the Development Agreement have undergone review by the City Council at a publicly noticed hearing and have been found to be fair, just, and reasonable, and consistent with the General Plan; and 55394.W053\32005772J 75D-650 WHEREAS, the proposed Project is consistent with the MainPlace Specific Plan. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1, CC QA. The City Council of the City of Santa Ana hereby finds, determines, declares and ordain as follows: Based on the substantial evidence set forth in the record, including but not limited to the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the MainPlace Mail Property, and that none of the conditions Identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: A. The MainPlace Project does not constitute a substantial change that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the MainPlace Project will be developed that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial Increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 1983 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (ill) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 2, GENERAL PLAN CONSISTENCY. Pursuant to California Government Code section 65867.5(b) and based on the entire record before the City 55394.00053'32005772. I 75D-651 Council, Including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has officially adopted a General Plan. B. The Development Agreement is compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: The existing General Plan land use designation for the Property is District Center --Intended to serve as an anchor to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high-rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. 2. The proposed project will support several goals and policies of the General Plan, including: 55394.00053\32005772.1 a. Housing Element (HE) Goal 2: Create diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. b. HE Policy 2.2: Create high intensity, mixed -use urban villages and pedestrian -oriented experiences that support the mid- to high-rise office centers, commercial activity, and cultural activities in the varied District Centers. c. HE Policy 4.4: Provide adequate rental and ownership housing opportunities and supportive services. d. Land Use (LU) Element Goal 1: Promote a balance of land uses to address basic community needs. e. LU Policy 1.2: Maintain and foster a variety of residential land uses In the City. f. LU Policy 4,3: Support land uses which provide community and regional economic and service benefits. g. LU Policy 4.4: Encourage the development of projects which promote the City's image as a regional activity center. 75D-652 h. LU Policy 5.5: Encourage development which is compatible with, and supportive of surrounding land uses. LU Policy 5.7: Anticipate that the intensity of new development will not exceed available Infrastructure capacity. j. Land Use (LU) Element Goal 6: Reduce residential overcrowding to promote public health and safety. k. Urban Design (UD) Element Goal 1: Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. LID Policy 1,1: New development and redevelopment must have the highest quality design, materials, finishes and construction. C. The proposed Development Agreement will not adversely affect the public health, safety, and welfare in that the Development Agreement will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. SECTION 3. EFFECTIVENESS. The Development Agreement shall not be effective unless and until the following are adopted and become effective: Resolution No. 2019-xx (2019 Addendum) and Ordinance No. NS-XXXX (MainPlace Specific Plan). If these approvals and Development Agreement are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then the Development Agreement shall be null and void and have no further force and effect. SECTION 4, INDEMNIFICATION. The Developer shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the 55 394.00053\32005 772.1 75D-653 Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Developer shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Developer of any Action brought and City shall cooperate with Developer in the defense of the Action. SECTION 5. CITY COUNCIL ACTION. The City Council approves Development Agreement No. 2018-02, attached hereto and incorporated herein as Exhibit B, and which shall not take effect unless and until the 2019 Addendum and the MainPlace Specific Plan are approved by the City Council. SECTION 6. PUBLICATION. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this 4th day of June, 2019, AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: , C - Y - t— Lisa Storck, Assistant City Attorney Miguel A. Pulido Mayor 5 5394.00053\32005 772.1 75D-654 CERTIFICATE OF ATTESTATION AND ORIGINALITY that the I NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify t the City �p^ig, and that said ordinance attached Ordinance No. "Ana ono be the originaldlnpf SantaoAna. y council of the City of Santa was published in accordance with the Charter of the pate: A iG nt g Clerk of the Council City of Santa Ana 55399.00053\32005M, 1 75D-655 55394,00053M005772.1 EXHIBIT A PROJECT SITE 75D-656 z 0 u 0 )W- NO TH VI U O < iz te: - 3AIU0 3DVIdN]VVV 0 GVOH AblNnOD (INV NMOI 3NVI MOMW 75D-657 55394.00053WO05772.1 EXHIBIT B DEVELOPMENT AGREEMENT 75D-658 RECORDED AT REQUEST OF: AND WHEN RECORDED RETURN TO: ) City of Santa Ann ) 20 Civic Center Plaza (M-30) ) Santa Ana, CA 92702 ) Attention: Clerk of the Council ) Exempt from filing fees pursuant to Government Code §27383 DEVELOPMENT AGREEMENT NO. 2019•NN A DEVELOPMENT AGREEMENT BETWEEN CITY OF SANTA ANA and MAIN PLACE SHOPPINGTOWN, LLC A DELAWARE LIMITED LIABILITY COMPANY 75D-659 DEVELOPMENT AGREEMENT NO. 2019- NN This Development Agreement (hereinafter "Agreement') is entered into as of this _ day of 2019 by and between the City of Santa Ana, California (hereinafter "City"), and MAIN PLACE SHOPPINGTOWN, LLC, a DELAWARE limited liability company (hereinafter "Owner"): RECITALS A. City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et sec. of the Govermnent Code. B. This Agreement constitutes a current exercise of City's police powers to provide predictability to Owner in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing of development consistent with the Development Plan in exchange for Owner's cominihnent to provide significant public benefits to City as set forth in Section 4 below. C. Owner has requested City to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of City. D. The best interests of the citizens of the City of Santa Ana and the public health, safety and welfare will be served by entering into this Agreement. E. The City Council hereby finds and determines that this Agreement is of major significance because it will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, increased transient -occupancy and sales tax revenue to the City, and general economic benefit. F. The provision by Owner of the public benefits allows the City to realize significant economic, recreational, open space, educational, social and public facilities bonefits. The public benefits will advance the interests and meet the needs of Santa Ana residents and visitors to a significantly greater extent than would development of the Property without this Agreement. G. The physical effects, if any, of the Project and this Agreement have been analyzed pursuant to California Enviromncital Quality Act as amended to date and as documented in the Final Environmental Impact Report entitled "Fashion Square Commercial Center Subsequent Final Enviromnental Impact Report" (State Clearinghouse House No L" and City of Santa Ana DP No. L-_J ("FEIR"), the 1996 Addendum to the FEIR (State Clearinghouse House No. -'1 and City of Santa Ana DP No. 1996-25), and the 2019 Addendum to the FFIR (State Clearinghouse House No. 1 and City of Santa Ana DP No. 201847) ("2019 Addendum"). H. This Agreement and the Project are consistent with the Santa Ana General Plan and any specific plan applicable thereto. I. All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters. 75D-660 Development of the Property in accordance with this Agreement will provide substantial benefits to City and will further important policies and goals of City. K. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864, ct seg. of the Govermnent Code are intended; COVENANT'S NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: DEFINITIONS AND EXHIBITS. 1.1. MfinitiLns, The following terms when used in this Agreement (including in the recitals above) shall be defined as follows: 1,1.1. "Agreement" means this Development Agreement. 1.1.2. "City" means the City of Santa Ana, a charter city and California municipal corporation. 1.1.3. "City Council" means the duly elected city council of the City of Santa Ana. 1.1.4. [INTENTIONALLY OMITTED] 1.1.5. "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development' does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.6. "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or development approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1,1.7. "Development Impact Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park "in lieu" fees specified in Government Code Section 66477, fees for pro.essing applications for aovcrmuental regulatory actions or approvals, or fees collected under .2. 75D-661 development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4. 1.1.8. "Development Plan" means the plan for development of the Property as set forth in Exhibit "C." 1.1.9. "Development Project Review Approvals" refers to the achnitdstrative review of all projects meeting the requirements of Division 3 of Article V of the Santa Ana Municipal Code. 1.1.10. "Discretionary Action" or "Discretionary Approval" means an action that requires the exercise of judgment, deliberation, or discretion on the part of the City, including any board, agency, commission, or department and any officer or employee thereof, in the process of approving or disapproving Development of the Project, as distinguished from an activity that is defined herein its a Ministerial Permit or Ministerial Approval. 1.1.11. "Effective Date" means the date the ordinance approving and authorizing this Agreement becomes effective. 1.1,12. "Existing Land Use Regulations" means the Land Use Regulations that are in effect on the Effective Date, pursuant to California Government Code Section 65866. 1.1.13. "Existing Project Approvals" means all Project Approvals approved or issued on or before the Effective Date. 1.1.14, "Future Project Approvals" means Project Approvals for the Project that are adopted, approved, or issued after the Effective Date. 1.1.15, "Land Use Regulations" means all ordinances, taws, resolutions, codes, rules, regulations, policies, requirements, guidelines, or other actions of City, including but not limited to the provisions set forth in the City°s General Plan, Municipal Code, that affect, govern, or apply to the Development of the Project and use of the Property in a rainner• consistent with this Agreement, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property, subject to the terms of this Agreement, whether adopted by the City Council or the voters in an initiative. "Land Use Regulations" does not include any City ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon }public property; (o) the exercise of the power of eminent domain. -3- 75D-662 1.1.16. "Owner" means the persons and entities listed as Owner on page I of this Agreement and their successors in interest to all or any part of the Property. 1.1.17. "Ministerial Approval," or "Ministerial Act" means the nondiscretionary permits, plans, inspections, certificates, documents and licenses required to be taken, issued, or approved by the City in order for Owner to develop the Project, including, without limitation, building permits, grading permits, Development Project Review Approvals, and other similar permits and approvals. Any approval or act that is not a Discretionary Approval is a Ministerial Approval. 1.1.18. "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender, and their successors and assigns. 1.1.19. "Net New" square footage means square footage constructed in excess of the redevelopment of the central box (i.e., the space previously occupied by Nordstrom), the construction of the Central Plaza, and the construction of a large -Format entertainment use and. associated panting and site improvement. 1.1.20. "Project" means the development of the Property in the City that is known as the MainPlace Mall and that is more specifically described in Exhibits "A" and "B," as contemplated by the Development Plan as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this Agreement. 1.1.21. "Project Approvals" means all site -specific (meaning specifically applicable to the Project only and not generally applicable to some or all other properties within the City) plans, traps, permits, and entitlements to use of every kind and nature that are sought or agreed to in writing by Owner in its sole and absolute discretion for Development of the Project and that are approved by the City. Project Approvals include, but are not limited to, general plan amendments, specific plan approvals or amendments, site plans, development project review approvals, tentative and final subdivision maps, design guidelines, variances, zoning designations, conditional use permits, grading, building, and other similar permits, the site - specific provisions of general plans, environmental assessments, including environmental impact reports and negative declarations. 1.1.22. "Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to this Agreement. 1.1,23. "Public Benefit" refers to those benefits provided to the City and the community by Owner pursuant to Section 4 below. 1.1.24. "Reservation of Rights" means the rights and authority excepted from the assurances and rights provided to Owner wider this Agreement and reserved to City under Section 3.3 of this Agreement. 1.1.25. "Tern' has the meaning ascribed thereto in Section 2.4.1 below. 1.2. Exhibits. The following; documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" — Legal Description of the Property Exhibit "B" — Map showing Property and its location ME 75D-663 Exhibit "C" — Development Plan Exhibit "D" — Development Impact Pees Exhibit "E"° -- Assignment and Assumption Agreement Exhibit "E" — 2018 Base Tax Year Values 2. GENERAL PROVISIONS, 2.1. Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shalt be carried out in accordance with the terms of the Development Plan and this Agreement. 2.2. Qwnership of Property. Owner represents and covenants that it is the Owner of the Tee simple title to, or has an equitable interest in, the Property or a portion thereof. 2.3. City Council Eindin rs, The City Council finds that: 2.3.1, This Agreement is consistent with the City"s General Plan. 2.3.2. This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, enhances effective utilization of resources within the City. 2.3.3. This Agreement provides public benefits beyond those that are necessary to mitigate the development of the Project. 2.3.4. This Agreement strengthens the public planning process, encourages private participation in comprehensive planning and reduces costs of development and govermnent. 2.15. The best interests of the citizens of the City and the public health, safety; and welfare will be served by entering into this Agreement. 2.4. Term, 2.4.1. The initial term of this Agreement shall continence on the Effective Date, and shall continue for a period of ten (10) years thereafter (the "Initial Tcrm"), unless this term is modified or extended pursuant to the provisions of this Agreement. Together, the Initial Terra and any extension under this Agreement constitute the "Term." 2.4.2. The initial Term of this Agreement is automatically extended by five additional years for an Initial Term of 15 years if the Owner achieves the following milestones: (a) Within the first seven ('7) years of the Initial Term, the redevelopment of the central box (i.e., the space previously occupied by Nordstrom,), the construction of the Central Plaza, and the construction of a large -format (i.e., minirmmn 75,000 net; new sauare feet) -5- 75D-664 entertainment use and associated parking and site improvement, with certificates of occupancy having issued for at least 90 percent of floor area of such developments; and (b) Within the first eight (8) years of the Initial Term, commencement of (1) one or more hotel developments that are included in the Development Plan. For purposes of this section, "commencement" shall include the Owner having paid all required Development IImpact Fees, been issued a building permit, and performed construction activity on the site of the hotel development. 2.4.3. The City hereby conditionally grants to Owner two five -year -extension options (each an "Extension Option"), in addition to the Initial Term as it may be extended under Section 2.4.2. The Extension Options are subject to the following conditions: (a) To exercise the first Extension Option, by the end of the tenth year of the Initial Term, Owner must demonstrate that during any year of the first ten years the total gross annual general fund revenues generated by the Project have increased by at least a factor of 2.0 over 2018 revenues generated by the Project , as set forth in Exhibit F. (b) To exercise the second Extension Option (if the Tenn has been extended to 15 years under either Section 2.4.2 or subsection 2.4.3(a) above), Owner must demonstrate that the total gross annual general fund revenues generated by the Project have increased by at least a factor of 2.5 over 2018 revenues generated by the Project, as set forth in Exhibit F, during any one of the years II through 15, (c) If Owner does not satisfy the prerequisites to exercising an Extension Option under subsection 2.4.3(a) or (b) above, the City may, at its sole discretion, allow Owner to exercise that Extension Option anyway if Owner does both of the following: (i) Provides City with a plan that includes a tirnehne and specific milestones for moving the non-residential portion of the Project forward on it priority basis, demonstrating to the City's satisfaction that the Project will meet or exceed expectations of fiscal benefit to the City by the end of the five-year Extension Option period; and (ii) Pays to the City a fee of $250,000.00. 2.4.4. When the Torm, including any authorized extension thereof, ends, Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid any Developmcnt Impact Fee. 2.4.5. If any party other than Owner initiates litigation that challenges the Project, this Agreement (and/or the ordinance approving this Agreement), or any of the Existing Project Approvals, the Owner will have the right to toll commencement of the Term and any obligations of Owner under this Agrecutem during the period of such litigation, The tolling shall commence upon receipt by the City of written notice from Owner invoking this right to tolling. The tolling shall terminate when the action, including any appeal, is finally resolved, whether by entry of a final, non -appealable judgment that upholds the Project and the ,Existing Project Approvals or voluntary or involuntary dismissal of the entire action (and the passage of time required to appeal an involuntary dismissal). Owner shall similarly have the right to toll commencement of the Term and any obligations of Owner under the Agreement in the event a referendum petition challenging the Project, the ordinance approving this Agreement, or any of the Project Approvals is submitted to the Citv Clerk. The tolliva shall ternnate if and when: (1) the Citv Clerk -6- 75D-665 determines the referendum petition did not receive sufficient signatures to qualify for the ballot; (2) the City Council rescinds the challenged action; or (3) the election results of the referendum are certified by the City Council. 2.5. Assignment 2.5.1. Right to Assign. Owner shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, gt s, eg.) to any person, partnership, joint venture, firm, limiter[ liability company, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising Linder or from this Agreement and be made in strict compliance with the following conditions precedent; (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property to which such rights or interests apply. (b) Before with any such sale, transfer or assignment: (i) Owner shall notify City, in writing, of such sale, transfer or assignment and shall provide City with an executed agreement ("Assignment and Assumption Agreement"), in substantially the form attached hereto as Exhibit E, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties, obligations, agreements, covenants, waivers of Owner tinder this Agreement, including, without limitation, the covenants not to site and waivers contained in Sections 6,2 and 7.4 hereof. (ii) Owner shall also provide City with such information reasonably requested by City that demonstrates to City°s reasonable satisfaction such transferce or assignee has sufficient development experience and financial capability to complete the Project and perform all obligations assumed. (c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by this subsection 2.5.1(c)(i), the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. (d) The Executive Director for the Planning and Building Agency shall have the adnnimstrativo authority to determine that Owner has complied with the above conditions. Such determrrtation shall not be unreasonably withheld, conditioned, or delayed. 2.5.2. lease of Transferring Owner. Notwithstanding any sale, transferor assignment, a transferring Owner shall continue to be obligated under this Agreement with respect to the transferred Property or any transferred portion thereof, unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of the following conditions: •7. 75D-666 (a) Owner is not then in default under this Agreement. (b) Owner has complied with Section 2.5.1 above. (c) The purchaser, transferee or assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder. 2.53. Subsequent As§iantncnt. Any subsequent sale, transferor assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section 2.5. 2.6. Utilities, The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project, prior to the issuance of final approval for occupancy or the certificate of occupancy for any portion of the Project. 2.7. Sale to Public and Connglction of Construction. The provisions of Section 2.5.1 shall not apply to the sale or lease (for a period longer than one year) of any residential lot or unit that has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public. This Agreement shall terminate with respect to any residential lot or unit and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: 2.7.1. The residential lot or unit has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public; and 2.7.2. City final approval for occupancy or the certificate of occupancy has been issued for a building on the lot, and the fees for Such lot set forth in this Agreement have been paid. 2.8. Administrative Chan es end Modiftcatiggs,. 2.8.1. Owner and City acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with respect to the details and performance of the parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, the Existing Project Approvals, the Existing Land Use Regulations, and, once issued, any Future Project Approvals. 2.8.2. 1f and when the parties find that "Substantially Conforming Changes," as herein defined, are necessary, desirable or appropriate, they may, unless otherwise required by law, effectuate such changes or adjustments through an administrative operating memorandum that is executed by the Owner and the Executive Director of the City's Planning and Building Agency or the Director's designee. As used herein, a "Substantially Conforming Change" is a minor change, modification, or adjustment that is deemed to be in substantial conformance under the Development Plan. A Substantially Conforming Change is not considered an amendment to this Agreement or to Development Plan, and so does not require prior notice or hearing by the Planning Commission or City Council. 2.9. Amendment or Cancellation of Agreement. Except for Substantially Conforming Changes as defined by Section 2.8.2 above, this Agreement may be amended or modified from ,8. 75D-667 time to time only with the written consent of Owner and the City or their successors and assigns, and only upon approval of an amendment by the City Council attcr a public hearing in accordance with. Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement. 2,10. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.10.1. Expiration of the stated Term of this Agreement as set forth in Section 2.4. 2.10.2. Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement, 2.10.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. In the event a referendum petition challenging the ordinance approving this Agreement is subtnitted to the City Clerk, Owner shall deposit with the City Ten Thousand Dollars ($10,000) ("Petition Deposit") to cover the actual cost incurred by the City examining the petition and verifying signatures. Should the referendum qualify for the ballot, Owner may request, at or prior to the Council meeting at which the Council will take up the referendum issue, that the City Council repeal the ordinance, rather than submitting it to the voters. If Owner does not request that the City Council repeal the ordinance, and the City Council subunits the ordinance to the voters, Owner shall deposit Fifty Thousand Dollars ($50,000) ("Referendum Deposit") with the City. City may use the funds to pay any and all costs associated with the said referendum measure. Any funds remaining in the Petition Deposit may be put toward the Referendum Deposit at the Owner's request. If at any time the Referendum Deposit account has Five Thousand Dollars ($5000) or less remaining, Owner shall, within three (3) days of receiving notice from the City, deposit with the City additional funds as requested by the City to cover all costs and expenses associated with the referendum and holding the related election. Following certification of the election results, any hands remaining in the Petition Deposit or the Referendum Deposit account shall be returned to the Owner. In the event Owner requests that the City Council repeal the ordinance and the City Council nonetheless determines to subunit the ordinance to the voters, Owner shall have no responsibility for the costs associated with holding the election. 2.10.4. Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits, final approval for occupancy by the City, and acceptance by City or applicable public agency of all required dedications. 2.1.0.5. Termination of the Agreement as provided in Sections 6.3 or 6.4 herein. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by Owner to City for residential units on which construction has not yet begun shall be refunded to Owner by City. 2.11. Notices, -9- 75D-668 111,1. As used in this Agreement, "notice" includes, but is not limited to, the communication or notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 2.11.2. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a seated envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows: If to City: City Clerk 20 Civic Center Plaza, 8°' Floor PO Box 1988 M-30 Santa Ana, Ca 82702 Copy to: City Manager City Attorney Executive Director of Planning and Building Agency If to Owner: [Owner ENTITY] [ADDRESS] [ADDRESS] Attn: Manager Telephone: [_ Facsimile: I Copy to: Peter J. Howell Runtn & Tucker 611 Anton Blvd. Costa Mesa, CA 92626 2.11.3. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. ME 75D-669 3.1. Rights to Develop. Subject to the terms of this Agreement including the Reservation of Rights in Section 3.3 below, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement and the Project Approvals. 3. L 1. Except as expressly provided otherwise herein, the Project shall remain subject to all Existing Land Use Regulations and Project Approvals. Except as otherwise provided in this Agreement, and notwithstanding the authority of the City to further revise the Land Use Regulations pursuant to Government Code section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Existing Land Use Regulations and Project Approvals. 3.1.2. In accordance with Govermnent Code Section 66452.6(a), any tentative map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the "Germ of this Agreement or (ii) expiration of the tentative map pursuant to Section 66452,6. 3.1.3. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepare([ in compliance with the California Environmental Quality Act with respect to the Project. 3.1.4. Notwithstanding Section 3.1.1 above, Owner acknowledges and agrees that the Project requires additional Project Approvals (the Future Project Approvals identified in Section 1.1.13). These Future Project Approvals shall be consistent with the Existing Project Approvals and this Agreement as to the permitted uses of the Property; the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes; however the Future Project Approvals may include additional conditions that are lawful and appropriate to the type of Project Approval. 3.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Rights in Section 3.3 below, the rules, regulations and official policies governing permitted uses of die Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations and Project Approvals. In connection with any subsequently adopted Project Approvals and except as specifically provided otherwise herein, City may exercise its discretion in accordance with the Land Use Regulations then in effect, as provided by this Agreement, including, but not limited to, the Reservation of Rights. City shall accept for processing, review, and take action on all applications for subsequent Project Approvals, and such applications shall be processed in the same manner and the City shall exercise its discretion, when required or authorized to do so, to the same extent it would otherwise be entitled in the absence of this Agreement. 3.2.1. City shall reasonably strive to complete: (a) its initial review of individual development projects within 30 days after the application is deemed complete, (b) any second plan review within 15 days after submission, and (c) any third plan review within 10 days after submission. 75D-670 3.2.2. Notwithstanding the foregoing, the City does not guarantee that the timelines above will be met, and failure to meet those timelines does not constitute a default, 3.2.3. To help ensure expedited review of its development approvals, Owner may elect to pay for City to use a contract planner. City agrees to retain a contract planner to expedite review, if Owner so elects. 3.3. Resefvation of Rights. 3.3.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following are not Existing Land Use Regulations, but shall apply to the development of the Property as they are established at the dine of application, provided such regulations and/or fees (as applicable) are not designed in a manner such that they are applicable only to the Project and/or Property; (a) Processing fees and charges of every land and nature imposed by City to cover the actual costs to City of processing applications for Project Approvals or for monitoring compliance with any Project Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adapted by the City, including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations that are in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community from a condition perilous to their health or safety. To the extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement. (e) Regulations that are not in material conflict with this Agreement or the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or titling of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property, (f) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to development of the Property. (g) Regulations that impose, levy, alter or amend fees, or charges relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (h) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City. -12- 75D-671 3.3.2. Subsequent Proiect Approvals. This Agreement shall not prevent City, in acting on subsequent Project Approvals and to the scene extent it would otherwise be authorized to do so absent this Agreement, from applying subsequently adopted or amended Land Use Regulations that do not materially conflict with this Agreement, 3.3.3. Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with Stich State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such taws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.3.4. Intent. The parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or arc not expressly so limited. This Agreement Shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority that cannot be or is not by this Agreement's express terms so restricted. 3,4. Idegulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 3.5. liming of flevelomnent. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later -adopted initiative restricting the tinning of development to prevail over the parties' agreement, it is the specific intent of the Parties to ,provide for the timing of the Project in this Agreement. To do so, the Parties acknowledge and provide that Owner shall have the right, but not the obligatlon, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub - phases as Owner deenis appropriate in its sole subjective business judgment, except for the following: 3.5.1. The building ,permit for residential units 401 up to 820 may not be issued until Owner commences construction activities for all development components on the Property described in Section 2.4.2(a). For purposes of this section, "commences" shall include the Owner having paid all required Development Impact Pees, been issued a building permit, and performed construction activity on the site. however, in the event Owner determines to proceed with a mixed -use development that includes residential, as well as a commercial component of not less than 20,000 square feet, the limitation set forth in the preceding sentence shall not apply. 3.5.2. The building permit for the 821 th residential unit may not be issued until at least 200,000 square feet of net now non-residential development, excluding office space, on the Property has commenced construction. 13- 75D-672 3.5.3. The building pernut for the 1350th residential unit may not be issued until at least 400,000 square feet of net new non-residential development, excluding office space, on the Property has commenced construction 3.6. Prgperty Maintenance Aarectactit. 3.6.1, Owner shall, as required by the Conditions of Approval, enter into a Property Maintenance Agreement which shall include; (a) A Parking Management Platt; and (b) A Property Maintenance Plan. 3.7. Moratoria. Except as specifically set forth in this section, City agrees that to the extent permitted by law, no moratorium or other similar limitation (whether relating to the rate, timing, or sequencing of the development of the Project or any part thereof and whether or not enacted by local initiative or otherwise) affecting subdivision maps, grading or building permits, occupancy certificates, or other entitlements approved, issued, or granted within the City, after the Effective Date of this Agreement, shall apply to the Project. Owner acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation (of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety. 3.8. Development Aarcement/Ploject Approvals, In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval, the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation or Project Approval and this Agreement, the provisions of this Agreement shall control. 4. PUBLIC BENEFITS. 4.1. Public Benefits. The Project is expected to bring significant fiscal benefits to the City. The Project will also serve to implement the City's General Plan vision for the Property, which has long been designated as a District Center, where relatively intense mixed -use development is encouraged. In addition, Owner has cornnitted by this Agreement to contribute to the acquisition, construction and maintenance of certain "Public Benefits" as provided below. 4.1.1, City Facilities. Owner shall provide the following benefits towards the acquisition, construction and maintenance of the City Facilities, as follows: (a) Public Art. Owner shack create, install, and maintain a public art project with a value equivalent to one-half of one percent (0.5%) of the total construction cost of the Project. Total construction cost shall mean all construction costs, but shall not include design and engineering costs. Owner shall prepare and submit to the City, no later than one hundred eighty (180) days before final approval for occupancy or the issuance of a certificate of occupancy, a public art plan that is consistent with Chapter 15 of the Citywide Design Guidelines, Public Art Guidelines, Although Owner anticipates satisfying all or most of the entire Public Art requirement early in the implementation of the Project, this requirement shall be satisfied as long as art with a value equivalent to one-half of one percent (0,5%) of the conrnleted portion of the Proiect has been installed prior to final approval for occupancy or the 14- 75D-673 issuance of a Certificate of Occupancy for that portion of the Project. 4.1.2. Public -Accessible Benefits. (a) Owner shall provide each of the public benefits described in the Development Plan, including the Specific Plan. (b) Owner shall provide the City, or mutually acceptable designee of City, with use of the Central Plaza, Entry Plaza, or other mutually acceptable space at least 12 days each calendar year (no more than two of which shall be consecutive and no more than three of which shall be on a Saturday or Sunday) for events that are reasonably compatible with Project programrning. (c) Owner shall provide at least 10 free events each year for the general public. (d) Owner shall provide publicly accessible open -space areas, to be owned and maintained by Owner, as identified in the Development Plan. (e) Owner shall install bike lanes and sidewalk along Main Place Drive between Main Street and Bedford Avenue, as specified in the Project Approvals.. (0 Owner shall provide and maintain secure bike lockers or bike storage rooms in at least four locations on the Property, including at Least two within or in close proximity to the residential development. At least half of the lockets shall be made available for free to Project residents and employees. (g) In connection with development of any office building, Owner shall provide a secure, private shower facility for employees of tenants located in the office building to use to shower and change after riding to the Project site, which shall be made available free of charge to said employees (though commercial tenants may be charged as part of their share of common -area expenses). (h) As part of its obligation to provide Public Art, Owner shall provide at least two water features in public areas of the Project (which include public areas of the enclosed [Hall), one of which may be a splash pad, if Owner determines the installation and maintenance of a splash pad to be feasible and desirable. W Owner shall include at least one high -end food court (i.e., "food bail") area of the Project and shall endeavor to ensure that at least ten percent (10%) of the leasable square footage is occupied by new, local food vendors, to the extent reasonably feasible. (j) Owner shall submit to the City within 90 days of the Effective Date, a plan for ongoing engagement and support of local philanthropic activities within the City focusing on, but not limited to, the following activities: (i) Education 60 Culture -15- 75D-674 (iii) Arts (k) Tenant Character and Quality. Notwithstanding any provision herein to the contrary, Owner covenants that, for the Term of this Agreement, Owner will endeavor to ensure that the tenant mix remains consistent with a high duality regional shopping center, equivalent to or surpassing the current rnant mix in terms of quality. The hotels will be operated under an internationally recognized hotel flag or by a boutique hotel operator with a demonstrated track record of success operating sinnilar hotels and classified as a 3 star or above in a 5-star rating system as widely recognized and commonly used in the hospitality industry. 4.1.3. Graffiti Removal. Owner shall also install and maintain graffiti protcction on now surlaces and shall, within 48 hours of discovery of graffiti, cause it to be removed and associated restorations completed throughout the Project. 4.2. Local Live -Work Preference, Prior to issuance of any building permits, Owner shall develop and submit to the City Manager or the City Manager's designee, a local live -work plan for the Project targeting, to the extent feasible and consistent with state and federal fair housing laws, a preference or priority for persons who currently either live or work in the City of Santa Ana for the rental or sale of residential units at tine Project. 4.3, LRM Sourcins Play. Owner agrees to make it good -faith effort to encourage contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does not delay the overall Project development schedule. REVIEW FOR COMPLIANCE. 5.1, Periodic Review. 5.1.1, The City shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the compliance by Owner with the terms of this Agreement ("Annual Roview'"). Owner shall submit an Annual Monitoring Report, in a form acceptable to the City Manager, within thirty (30) days after written notice from the City Manager. The failure of the City to conduct the Annual Review shall not constitute a default by Owner. The Annual Monitoring Report shall be accompanied by an "Annual. Review and Administration Fee" sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the Annual Review and Administration Fee" shall be set annually by resolution of the City Council. 5.1.2. The Annual Review shall include a progress report on the status of the implementation of the Project and the new tax revenue generated by the Project, including, but not limited to, the following; components: (a) Development and construction progress of the following uses and Project (i) Site development (ii) Public infrastructure, (iii) Project design features, 16- 75D-675 (iv) Community benefits, (v) Plaza, (vi) Hotel, (vii) Residential, (viii) Commercial, (ix) Office (x) Parking (xi) Philanthropic activities (education, culture, arts) (b) Reporting for items listed in subsection 5.1.2(a) shall be include a table substantially similar to the following. An example of a compliance report•%ar site development and can be applied to other above criteria and metrics. Reporting Period: 2022 — 2nd Report Year 3 of 10 of Agreement Use Approved Total Cumulative Remaining to Status & kook Ahead SF/Units/Rooms Completed In Total Be Period Completed Completed Residential 1,900 100 200 1,700 On target with 300 to be completed in the next period Hotel 400 150 150 250 Negotiating with Hilton to construction a new full service hotel for the next period Commercial 300,000 (vac) 100,000 200,000 100,000 150k tan -year lease with Tenant Existing A since 2019. 1,100,000 50K20 Year lease with Tenant (ex) B. Working with Tenant C for remaining 100k with a 15 year lease. Commercial 250,000 160,000 150,000 100,000 150k completed for Kidzania. New 20Yearlaase. Negotiating with Tenant X for a 15 year lease, New Office 750,000 0 150,000 600,000 150k completed in 2020. Tenant X with 20•year lease. Market is soft. No new activity in reporting period. Anticipate XX for next period. _ 17_ 75D-676 (e) Progress relative to economic projections of: G) Increases iu property tax, (ii) Property Tax In -Lieu of VLF received by the City, (iii) Sales tax received from the Project, (iv) Business tax received from the Projcet, (v) Hotel Visitors Tax (HVT) (vi) Utility User Tax received from the Project, (d) Reporting for items listed in subsection 5.1.2(c) shall be include a table, Prepared by the Owner with City's cooueration, substantially similar to the following: Reporting Period: 2022-2,0 Report Year 3 of 10 of Agreement Revenue Total for Period Cumulative to Percentage Status & Look Ahead date increase over 2018 Base Year Property Tax Property Tax In - Lieu of VLF Sales Tax TOT (HVT) Business Tax Franchise Tax UUT 5.2. Special Review. The City Council may order a special review of compliance with this Agreement at tiny time, but not more than once during any 12 month period. The City Manager, or his or her designee, shall conduct such special reviews. 5.3. Review Procedure. 18- 75D-677 5.3.1. During either a periodic review or a special review, Owner shall be required to demonstrate good-Paith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Owner. 5.3.2. Upon completion of a periodic review or a special review, the City Manager, or the City Manager's designee, shall submit a repot to the Planning Commission setting forth the evidence concerning good -faith compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue. 5.3.3. If the Planning Commission finds and determines on the basis of substantial evidence that Owner has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. 5.3.4. If the Planning Commission finds and determines on the basis of substantial evidence that Owner has not complied in good faith with the terms aril conditions of this Agreement: (a) The 'Planning Commission shall provide written notice to Owner of such findings setting forth the nature of the problem and the actions, if any, required of Owner to cure such problem. (b) If the problem can be cured and Owner fails to take such actions and cure such problem within sixty (60) days after the effective date of the Planning Commission's notice or, in the event that such problem cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such problem within such sixty (60) day period and to diligently proceed to complete such actions and cure such problem, then the Commission may recommend to the City Council modification or termination of this Agreement. (c) Owner may appeal a Planning Commission determination pursuant to this Section 5.3.4 pursuant to City's rules for consideration of appeals in zoning matters then in effect. Notice of default as provided under Section 6.3 of this Agreement shall be given to Owner prior to or concurrent with proceedings under Section 5.4 and Section 5.5. 5.4, PWcecc ings Upon Modification or Termination. If, upon a finding under Section 5.3, City determines to proceed with modification or termination of this Agreement, City shall give written notice to Owner of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: 5.4.1. The time and place of the hearing; 5.4.2. A statement as to whether or not City proposes to terminate or to modify this Agreement; and, 5.4.3. Such other information that the City considers necessary to inform Owner of the nature of the proceeding. 5,5. I{oaring on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good -faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon 19- 75D-678 substantial evidence, that Owner has not complied in good faith with the terns or conditions of this Agreement, the City Council may terminate this Agreement or, in lieu of termination and with the consent of Owner, modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, 5.6. Certificate of Agreement Compliance, 5.6.1, If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance ("Certificate') to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council that: (1) this Agreement remains in effect; and (2) Owner is not in default, The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder, 5.6.2. Whether or not the Certificate is relied upon by assignees or other transferees or Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager or City Council. 5.7. Conditions of.Lliscretionary Annrovals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Development Agreement (although such conditions must comply with the Applicable Rules). 6. DEFAULT AND REMEDIES 6.1. Remedies in Cyueral. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in damages to Owner, or to any successor in interest of Owner, or to any other person, and Owner covenants not to sue for damages or claim any damages; 6.1.1. For any 'breach of this Agreement or for any cause of action that arises out of this Agreement; or 6.1.2. For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or 6.1.3. Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 6.2. Releas . 6.2.1. Except for non -monetary remedies, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, •20- 75D-679 demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Filth and Fourteenth Amendments to the United States Constitution, or any other law or ordinance wbich seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terns of this Agreement. Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WIT11 THE DEBTOR." 6.2.2. By initialing below, Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. Owner's Initials 6.3. Termnation or Modification of Agreement for Default of Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of Owner tinder this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"'); provided, however, City may terminate or modify this Agreement pursuant to this Section 6.3 only after providing written notice to Owner of default setting forth die nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has tailed to commctiee the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. City's sole remedy for any default or breach of this Agreement by Owner shall be City's right to terminate this Agreement. 6.4. Voluntary Termination of Agreement by Owner. In the event Owner determines, in its sole discretion, that it no longer wishes to proceed with the Project pursuant to the terms of this Agreement, 'Owner tray terminate this Agreement by providing the City with 30 slays written notice. Notwithstanding this or other provisions herein, Owner's indemnity and defense obligations shall survive such termination. 7. LITIGATION. 7.1. 1hird-Party Litigation Concerning Aure to nont. Owner skull defend at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, or the approval of any permit or entitlement granted pursuant to this Agreement or for the Project, City shall promptly notify -21- 75D-680 Owner of any claim, action, proceeding or determination included within this Section 7.1, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, proceeding or determination, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City as to that claim, action, proceeding, or determination. City may in its discretion participate in the defense. 7.2. Etivit'onmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, tinder or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense. 7.3. ioservatlon of Riehks. With respect to Section 7.1 and Section 7.2 herein, City reserves, the right to either (1) approve the attorney(s) that the indemnifying panty selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withhold, conditioned, or delayed, or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 7.4. Challenge to Existing Land Use Apyrovals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date, Such agreement and covenant includes, without limitation, the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. 7.5. Waiver, 7.5.1. Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR FIER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH TFII? DEBTOR." -22- 75D-681 7.5.2. By initialing below, Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. Owner's Initials 7.6. S iS� rvival. The provisions of Sections 7.1 through 7.4, inclusive, shalt survive the termination of this Agreement. MORTGAGEE PROTECTION. The Parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of'trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agrcctncnt interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretatipn or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: 8.1. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law, 8.2. The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Owner in the performance of Owner's obligations under this Agreement. 8.3, If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 8.4. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner's obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subicot to the provisions of Section 2.5 of this Agreement. 9. MISCELLANEOUS PROVISIONS. _23_ 75D-682 9.1. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the Clerk or the City Council within ten (10) days after the City enters into this Agreement, in accordance with Section 65868.5 of the Government Code. If the Parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall cause notice of such action recorded with the Orange County Recorder. 9.2. Entire_ AgreetLtent. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 9.3. Sevarability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such retraining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 9.4. Interpretation and Governitt Law. This Agreement and any dispute arising hereunder shall be governed and interpreted to accordance with the laws of the State of California, with venue in Orange County, This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 9.5. Section Headings. All section headings and subheadings are inserted for eonveuience only and shall not affect any construction or interpretation of this Agreement. 9.6. Singular and Plural. As used herein, the singular of any word includes the plural 9.7. ,Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of it single tot that has been. finally subdivided and sold to such owner as a member of the general public shall have any obligation under this Agreement except as expressly provided for herein. 9.8. Time of Esseuce. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 9,9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights utton file -24- 75D-683 default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the. other party with the terms of this Agreement thereafter. 9.10. No Third -Party Beneficiaries, This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.11 Horoe Maieure. Neither party shall be deemed to be in default where failure or delay in per founance of any of its obligations under this Agreement is caused by: (1) strikes, lookouts or labor disputes; (2) inability to obtain labor or materials or reasonable substitutes therefor; (3) inclement weather which delays or precludes construction; (4) acts of God, including but not limited to earthquakes, or the public enemy or civil commotion; (5) condemnation, (6) ,fire or other casualty; (7) shortage of fuel, electricity or natural gas; (g) action or nonaction of public utilities or of local, state or federal governments, affecting the work, including, but not limited to, any delays in the permitting process as a result of the action or inaction or such governmental authorities; (9) eriutinal acts or acts of terrorism; or (t(3) other conelieioas similar to those enumerated above which are beyond the reasonable anticipation or control Of Such Party, or other causes beyond the Party's reasonable control. If any such events shall occur, the tern of this Agreement and the time for performance shall be extended for the duration of each such event , provided that the Term of this Agreement shall not be extended pursuant to this section for more than five (5) years. 9.12. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 9.13. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shalt inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) tuns with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 9.14, Counterpane, This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 9,15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose or enforcing, construing or determining the validity of any provision of this Agreement shall be tiled and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 9.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnershitt, joint venture or other association of anv kind Is formed by 5VU 75D-684 this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 9.17. Further Actions and hnstruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 9. l8. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of en» vent domain. 9.19. AA Yent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall rile with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or he rnume, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of tiny process in any such action shall constitute valid service upon Owner. if for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 9.20. Certificate of Comoliance. At any time during the term of this Agreement, any lender or either Party may request either Party to this Agreement to confirm that (1) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications); (2) to the best of such Party's knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults; and (3) any other information reasonably requested. Each Party hereby agrees to provide a Certificate to such lender or other Party within thirty (30) days of receipt of the written request therefor. 9.21. Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or slue/they has/have the authority to bind Owner to the performance of its obligations hereunder. [Signatures on following vagosl -26- 75D-685 IN WITNESS WHEREOF, the parties hereto have executed this ,Development Agreement on the last day and year set forth below. Owner [Owner ENTITY], a [PLACE OF INCORPORATIONI limited liability company By: [FULL LEGAL NAME OF ENTITY] Its: Manager Dated: City City OF SANTA ANA, a California municipal corporation Mayor Dated: ATTEST: City Cleric APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP City Attorney -27- 75D-686 55.394.00053131891$05.5 FXLIIBrr "A„ (Legal Description of the Property) 75D-687 55394.00053o 1891805.5 EXHIBIT "B" (Map of the Property) 75D-688 EXHIBIT "C" Development Plans Development Plans and entitlement applications as presented in the City Staff Report Dated _ are incorporated herein by reference. Project entitlements and applications include, but may not be limited to the following entitlements: 1. The City's General Plan as amended. 2. The Final Enviromnemai Impact Report entitled "Fashion Square Commercial Center Subsequent Final Environmental Impact Report" (State Clearinghouse House No. and City of Santa Ana DP No. "_} ("FEIR") 3. The 1996 Addendum to the FEIR (State Clearinghouse House No. LL and City of Santa Ana DP No. _J 4. The 2019 Addendum to the FEIR (State Clearinghouse House Now and City of Santa Ana DP No. 5. The "MainPlace Mall" Specific Plan, dated May 2019, adopted by the City Council on 2019, by way of Old. No. 6. Tho'Tentative'Piircel Man, dated 2019. anuroved by the Cirv�Ceuucil on' 55394.00053U 1891805.5 75D-689 CXHIBIT "D" Development Impact Fees (Estinutted) The estimated amount of Development Impact Fees associated with the project based upon the site plan documentation submitted as part of the Project Approvals include but are not limited to the following fees and deposits; applicable sewer fee, street fee, storm drain fee, traffic fee, deposits, and all applicable fees associated with demolition of existing structures, drainage, site development, and construction are based on actual square footage of any commercial development and number of residential units. Based on the development contemplated by the Development Plans identified in Exhibit "C," the Development Impact Fees are estimated at: flee Estimated Total Sewer Capital. Facilities Capacity Charges (Orange Countv Sanitation DistrictCharges) Storm Drain Traffic Parks & Recreation Fire Facilities Fee Santa Ana Unified/Orange Unified School Fees Estimated Total 55194.00057U IRE 1803.5 75D-690 ,EXHIBII., 'E'l Assignment and Assumption Agreement (follows behind this cover paize) 75D-691 55394.00053A31891805. 111 EXHIBIT "F" 2018 Base Tax Year Values (follows behind this cover page) 75D-692 EXHIBIT 5 LS 6,4.19 RESOLUTION NO.2019.xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2018-01, AS CONDITIONED, TO ALLOW SUBDIVISION OF SIX EXISTING PARCELS INTO 10 PARCELS FOR THE MAINPLACE MALL AT 2800 NORTH MAIN STREET WHEREAS, MainPlace Shoppingtown, LLC ("Developer" or "Applicant") proposes the MainPlace Mall Transformation Project ("MainPlace Project") at 2800 N. Main Street ("Property") in the City; and WHEREAS, Developer is requesting approval of a Tentative Parcel Map to allow the subdivision of six existing parcels (APNs 002-210-48, 002-221-27, 002-221-30, 002- 221-51, 002-221-52, 002-222-01) into 10 parcels for the MainPlace Mall at 2800 North Main Street; and WHEREAS, as part of this project, Developer also requested adoption of the proposed MainPlace Mali Specific Plan, for recommendation by the Planning Commission and approval by the City Council; and WHEREAS, Santa Ana Municipal Code section 34-127 authorizes the Planning Commission to review and approve a Tentative Parcel Map; and WHEREAS, on May 13, 2019, the Planning Commission held a duly noticed public hearing on Tentative Parcel Map No. 2018-139; and WHEREAS, the Planning Commission has determined that the required findings, which must be established in order to grant Tentative Parcel Map No. 2018-139, have been established as required by Santa Ana Municipal Code; and WHEREAS, the physical effects, if any, of the MalnPlace Project and this Tentative Parcel Map have been analyzed pursuant to California Environmental Quality Act ("CEQA") (Pub. Resources Code section 21000 et seq.) in the certified Final Environmental Impact for the Fashion Square Commercial Center Project ("1983 EIR"), Addendum ER 96-033 to that 1983 EIR ("1996 Addendum"), and the MainPlace Mall Transformation Project EIR Addendum ("2019 Addendum"), and together these documents contain a complete and accurate reporting of all of the potential environmental impacts associated with the MalnPlace Project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. CEQA. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: 55394,00053\32005824.1 75D-693 Based on the substantial evidence set forth in the record, including but not limited to the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, the Planning Commission finds that an addendum is the appropriate document for disclosing the changes to the MainPlace Mall Property, and that none of the conditions Identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: A. The MainPlace Project does not constitute a substantial change that would require major revisions of the 1983 EIR due to the Involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the MainPlace Project will be developed that would require major revisions of the 1983 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 1983 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (III) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 2. FINDINGS, Based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby determines that following findings, which must be established in order to grant Tentative Parcel Map No. 2018-01, have been established as required by Santa Ana Municipal Code: A. The proposed project, as conditioned, and its design and Improvements are consistent with the District Center designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. 55394.00053\32005824.1 75D-694 Tentative Parcel Map No. 2018-01, as conditioned, and Its design and improvements will be consistent with the District Center (DC) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. The proposed subdivision is consistent with: 1. Housing Element (HE) Goal 2: Create diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. 2. HE Policy 2.2: Create high intensity, mixed -use urban villages and pedestrian -oriented experiences that support the mid- to high-rise office centers, commercial activity, and cultural activities in the varied District Centers. 3. FIE Policy 4.4: Provide adequate rental and ownership housing opportunities and supportive services. 4. Land Use (LU) Element Goal 1: Promote a balance of land uses to address basic community needs. 5. LU Policy 1.2: Maintain and foster a variety of residential land uses in the City. 6, LU Policy 4.3: Support land uses which provide community and regional economic and service benefits. 7. LU Policy 4.4: Encourage the development of projects which promote the City's image as a regional activity center. 8. LU Policy 5.5: Encourage development which is compatible with, and supportive of surrounding land uses. 9. LU Policy 5.7: Anticipate that the intensity of new development will not exceed available Infrastructure capacity. 10. Land Use (LU) Element Goal 6: Reduce residential overcrowding to promote public health and safety. 11.Urban Design (UD) Element Goal 1: Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. 12. UD Policy 1.1: New development and redevelopment must have the highest quality design, materials, finishes and construction. 55394.00053\32005924.1 75D-695 B. The proposed requirements of applicable City Specific Plan. project, as conditioned, conforms to all applicable the zoning and subdivision codes as well as all other ordinances, including the proposed MainPlace Mall Tentative Parcel Map No. 2018-01, as conditioned, will conform to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the provisions of Chapter 34 and 41 of the Santa Ana Municipal Code including parking, setbacks and height. In addition, Covenants, Conditions and Restrictions (CC&Rs) will address issues such as drainage, reciprocal access, landscaping and maintenance that will be recorded prior to approval of the final map. C. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The existing buildings on the project site were constructed in compliance with applicable city standards at the time of construction. All anticipated new construction or building expansions will be subject to the development standards in the proposed Specific Plan No. 4 (Ordinance NS-XXXX). Any future development will comply with the provisions of the Santa Ana Municipal Code and Specific Plan No. 4. D. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, Since the project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. E. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. All necessary utilities and infrastructure improvements currently exist and comply with City standards. All new Infrastructure required will be constructed per the standards in Specific Plan No. 4 (Ordinance NS-XXXX). Therefore, approval of this subdivision will not cause any serious public health problems. 55394.0005392005824.1 75D-696 F. The design or improvements of the proposed project will not conflict with the easements necessary for public access through or use of the property within the proposed project. The designs or improvements associated with approval of the tentative parcel map will not conflict with easements necessary for public access through or use of the property within the proposed project. The project site will allow for shared common access within development, which is outlined in the CC&Rs. The CC&Rs will ensure all ingress and egress easement and access will be maintained for the project site. SECTION 3. EFFECTIVENESS. Approval of the Tentative Parcel Map shall not be effective unless and until the following are adopted and become effective: Resolution No. 2019-xx (2019 Addendum) and Ordinance No. 2019-XXXX (MainPlace Mali Specific Plan). If the approvals and the Specific Plan are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Tentative Parcel Map approval shall be null and void and have no further force and effect. SECTION 4. CITY COUNCIL ACTION. The City Council hereby approves Tentative Parcel Map No. 2018-01, as conditioned, and which approval shall not be effective unless and until the City Council approves the 2019 Addendum and the MainPlace Mall Specific Plan. The conditions of approval are included herein and attached as Exhibit A. S CTIQN 5. INDEMNIFICATION, The Developer shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M, Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Developer shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the 5 5394,00053\32005 824.1 75D-697 Developer of any Action brought and City shall cooperate with Developer in the defense of the Action. ADOPTED this 4ch day of June, 2019. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck, Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Norma Mitre Acting Clerk of the City Council City of Santa Ana 5 5304,0003 3\32005 924. 1 75D-698 EXHIBIT A Conditions for Approval for Tentative Parcel Map No. 2018-01 Tentative Parcel Map No. 2018-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result In the revocation of the tentative tract map. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No, 2018-17. 2. The project and map shall comply at all times with the requirements listed in the attached Public Works Agency memorandum dated May 8, 2019 and attached hereto. 3. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 4. Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the project to the case planner for review and approval prior to the final map being recorded 5. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 6. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 7. The property owner shall be responsible for maintaining the lots free from debris, overgrown vegetation, and graffiti. The property owner shall provide as part of the Covenants, Conditions and Restrictions (CC&Rs) that the owner of each condominium shall immediately remove any graffiti placed thereon. Any graffiti must be removed within 24 hours 55394,00053MOOS 824.1 75D-699 8. The final map must be approved and recorded prior to issuance of permits for all on - site improvements such as, but not limited to the sidewalk and driveway apron improvements. 9. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. Prior to approval of Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. 10. Prior to submittal of the final map, submit a management plan per Section 34-184 of the Santa Ana Municipal Code. 11,Prior to submittal of the final map, submit a conversion plan per Section 41-1804 of the Municipal Code. 12. Landscaping shall be maintained in compliance with the submitted plan. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. 13. Park impact fees shall be directed to Santiago Park improvements — Suggested for addition to the Conditions of Approval by the Planning Commission on May 13, 2019, 14.Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Project's CC&R's with the City of Santa Ana which shall be recorded against the property and which shall be In a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: Compliance with operational conditions applicable during any periods) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; 553900053%32005824.1 75D-700 d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, wails and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be Jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses Incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. 55394,00053�32005824A 75D-701 75D-702 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED PUBLIC HEARING: ABANDONMENT ❑ As Recommended NO. 19-02 TO VACATE A PORTION OF El El ElOOrrdinance on 1n' Reading MAIN PLACE DRIVE ❑ Ordinance on 2nd Reading (STRATEGIC PLAN NOS. 3, 2; 5,3) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANA-13ER RECOMMENED ACTION Adopt a resolution vacating a portion of Main Place Drive. DISCUSSION On May 7, 2019, Council adopted a resolution declaring the City's intent to vacate a portion of Main Place Drive. The portion of Main Place Drive to be vacated is situated within the northerly section of the Main Place Mall, and lies between Main Street and Bedford Road (Exhibit 1). The segment of Main Place Drive adjacent to the westerly and southerly section of mall, between Bedford Road and Broadway, would remain a public street. The owners of the Main Place Mall, MainPlace Shoppingtown, LLC, are improving the mall site and have applied to vacate a portion of Main Place Drive in conjunction with a Specific Plan to transform the site with additional commercial, office, mixed -use residential, and hotel uses. The approval of the Specific Plan and related actions is scheduled to be considered separately. According�to the Specific Plan, the vacated area ordered by Resolution (Exhibit 2) will be incorporated into the private property and much of it will be redeveloped with mixed -use buildings. The area requested to be vacated reduces the site's constraints and improves overall site function, such as setbacks, building location, and site accessibility. Access to the mixed -use buildings and nearby future parcels will be provided via a private drive aisle. The drive aisle would continue to connect to Bedford Road and Main Street, but would not provide through public access, and will be maintained by the owner. According to a title report provided by the applicant and City records, the City owns a street easement over the land and, if vacated, would revert to MainPlace Shoppingtown, LLC. The segment to be vacated is curvilinear, generally 64' wide, and about 700' in length. The City's street easement rights exclude airspace lying above an elevation of 169.8 feet, or approximately 17' above the roadway surface, meaning the mall property owners could potentially have been permitted to build private improvements above that height. 75E-1 Resolution to Vacate Main Place Drive June 4, 2019 Page 2 Utilities, other government agencies, and City agencies have been advised of the street vacation. Easements for utilities will be reserved in the resolution of vacation. During the phasing of the project implementation, as utilities are removed from Main Place Drive and/or relocated to the new drive aisle, the easements will be quitclaimed or re-established as appropriate to serve any relocated public utilities. With the implementation of the development project, Main Place Drive will not be needed for access. However, the street vacation will not become effective until such time as the developer relocates the public utilities. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies); and Goal #5 — Community Health, Livability, Engagement & Sustainability, Object #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. a 12� V G b A Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/EWG/TH Exhibits: 1. Street Vacation Area Map 2. Resolution of Vacate 75E-2 75E-3 75E-4 Exhibit 2 jmf 5/28/19 RESOLUTION NO.2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF MAINPLACE DRIVE BETWEEN MAIN STREET AND BEDFORD ROAD (ABANDONMENT NO. 19-02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Streets and Highways Code Section 8300 et seq. authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street. B. The City Council of the City of Santa Ana desires to vacate its ownership interest, if any, of a portion of Mainplace Drive between Main Street and Bedford Road, as shown on Exhibit 1 attached hereto and incorporated herein by this reference ("Vacation Area"). C. On May 7, 2019, the City Council adopted Resolution No. 2019-024 wherein it declared its intention to vacate the Vacation Area, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code. D. Resolution No. 2019-024 gave notice that at its regular meeting of June 4, 2019, at 5:45 p.m. or as soon as possible thereafter, the City Council would hear any and all persons interested in or objecting to the vacation described above. E. The City Council finds that Resolution No. 2019-024 was published in the manner prescribed by law. F. The City Council further finds that the notices of said proposed vacation stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law. G. The City Council, at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of the Vacation Area and received and considered all evidence submitted. H. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective public use, based upon the following findings of fact: The Vacation Area is not necessary to provide access to abutting property owners; and Resolution No. 2019-xxX Page 1 of 5 75E-5 jmf 5/28/19 2. The Vacation Area is unnecessary for present or prospective public use. Section 2. In 1983, the City Redevelopment Agency certified the Final Environmental Impact Report ("1983 EIR") for the Fashion Square Commercial Center Project ("Originally Approved Plan"). In 1996, Addendum ER 96-033 (" 1996 Addendum") to the 1983 EIR was prepared and approved to evaluate a then -proposed expansion of the Originally Approved Plan's commercial uses. On June 4, 2019, the City Council adopted the Addendum to the Fashion Square Commercial Center Final Environmental Impact Report for the MainPlace Mall Transformation Project (SCH No. 1983021103), which included the vacation of the Vacation Area, and re -adopted the Mitigation Monitoring and Reporting Program. The City Council concurrently found that an addendum is the appropriate document for disclosing the changes to the MainPlace Mall Property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review had occurred. Section 3. The Vacation Area is hereby vacated, except for the reservation of easement described herein, upon the satisfaction of the following conditions: A. MainPlace Shoppingtown, LLC shall irrevocably offer for dedication the land within the street vacation area to the City in a form approved by the City Attorney. The term of the offer shall expire upon completion of the primary structure (Structure) proposed within Parcel 1 of Tentative Map 2018-139. Completion of the Structure shall be determined by the City's Building Official. B. MainPlace Shoppingtown, LLC shall provide to the City an improvement bond, in an amount determined by the City Engineer and in a form approved of by the City Attorney, to guarantee the construction of all necessary improvements to restore the vacated area in the event the applicant fails to complete construction of the Structure. The bond will be released following completion of the Structure. C. MainPlace Shoppingtown, LLC shall relocate all existing public utility lines from within the street vacation area to within the to -be constructed private driveway between Main Street and Bedford Road. MainPlace Shoppingtown LLC shall grant an easement to the utility owner for maintenance and operation for any relocated utility lines which will become public. D. The City Engineer shall advise the Clerk of the Council that the above conditions have been satisfied and that this vacation is therefore effective. Section 4. The City hereby reserves and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or Resolution No. 2019-XXX Page 2 of 5 75E-6 jmf 6/28/19 renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated. Section 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County. Section 6. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Section 7. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 4th day of June, 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By; IVL,. -f.L John M. Funk Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor Resolu5on No. 2019-XXX Page 3 of 5 75E-7 jmf 5/28/19 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019 - to be the original resolution adopted by the City Council of the City of Santa Ana on June 4, 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-XXX Page 4 of 5 75E-8 jmf 5/28/19 LEGEND D-CBANCO 1lENT AREA YUt5"t- r=#4MLIYU RESOLUTION TO VACATE P VV Al APORTIONAB DO ABANDPACE ONMENT RIVE PAGE I OF 1 Resolu8on No. 2019-)= Page 5 of 5 75E-9 75E-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended PUBLIC HEARING — APPROVE ORDINANCE ❑ As Amended AMENDMENT NO. 2019-01 TO ADD TO AND ❑ Ordinance on 151 Reading El Ordinance Reading El on AMEND CERTAIN SECTIONS OF CHAPTER 21 El Implementing Resolution OF THE SANTA ANA MUNICIPAL CODE TO ❑ Set Public Hearing For /_1 q 11116PJAT/ 4 [i 9 [If-1 IF_1 i! 191: P] V r401 ,11 r_1 • INTEGRATION OF CANNABIS BUSINESSES; UPDATING PROCEDURAL STANDARDS AND REQUIREMENTS RELATING TO OWNERSHIP TRANSFERS, SECURITY DEPOSITS, AND VARIOUS ADMINISTRATIVE PROCESSES; AND REDUCING CANNABIS TESTING TAXES TO TWO PERCENT OF GROSS RECEIPTS {STRATEGIC PLAN NOS. 3, 2; 3, 3; 3, 5; 4,31 CONTINUED TO FILE NUMBER — CITY MANAGER RECOMMENDED ACTION Approve Ordinance Amendment No. 2019-01 allowing vertical integration of certain commercial cannabis businesses; updating operational and procedural standards for implementing the City's medicinal and commercial cannabis ordinances, decrease security deposit amount requirements, compute square footage cannabis taxes based on allocation of gross square footage usage; and reducing the commercial cannabis testing laboratory tax from five (5) to two (2) percent. 2. Adopt a resolution reducing the gross receipts tax on commercial cannabis testing laboratories from five (5) to two (2) percent. 3. Adopt a resolution implementing a canopy measurement service fee and an allocated square footage measurement service fee to cover the City's cost in independently verifying the allocation of square footage usage by commercial cannabis businesses. BACKGROUND The City of Santa Ana permits a variety of types of cannabis business activity, which include retail sales of medicinal and adult -use cannabis, and cannabis cultivation, distribution, manufacturing, and testing. These cannabis business activities were permitted through adoption of multiple ordinances beginning with Measure BB (Ordinance NS-2684) in November 2014 through Ordinance NS-2944 in May 2018. In November 2018, Santa Ana voters approved Measure Y (Ordinance NS-2962), which established commercial cannabis business license taxes for adult- 75F-1 Ordinance Amendment No. 2019-01 — Commercial Cannabis Vertical and Horizontal Integration and Ordinance Updates June 4, 2019 Page 2 use cannabis retail sales, cannabis cultivation, distribution, manufacturing, and testing. Medicinal cannabis retail sales continue to be subject to taxes pursuant to Measure BB. Multiple changes to State cannabis laws and changes in market demands require the City to revisit its ordinances and tax collection to ensure that Santa Ana maintain its competitive position in the region, remain compliant with applicable laws, and streamline its implementation of cannabis taxation. When added to Santa Ana's local cannabis taxes, the State's assessments on cannabis goods, which include sales tax, excise cannabis tax, and cultivation tax, result in legally -operating and permitted commercial cannabis businesses having to confront a combined state and local tax rate exceeding 50 percent of the retail sale value of their cannabis goods. This 50-percent rate discourages businesses from seeking the required permits to operate legally and can foster a continued illicit cannabis market, which is to the detriment of Santa Ana's permitted operators. DESCRIPTION The table below (Proposed Amendments to Chapter 21) describes the ordinance amendments. Additional details are provided in the subsections that follow. Proposed Amendments to Chapters 21 Item Proposed Amendment Impact Vertical and Amends Ordinances NS-2864 and NS- Incentivizes cannabis business to expand Horizontal 2962 to allow vertical and horizontal operations within the City and encourages new Integration integration of business structures for businesses to enter the Santa Ana marketplace businesses engaging in multiple types of by providing full vertical/horizontal integration of commercial cannabis business activity. commercial cannabis business activities in Santa Includes allowance for vertical and Ana, including medicinal and nonmedicinal retail horizontal integration of commercial cannabis businesses. Allows for the deduction of cannabis business activities involving both interparty sales and/or transfers of cannabis and medicinal and nonmedicinal cannabis retail cannabis products occurring within a single businesses. integrated cannabis business from the reportable gross receipts of cannabis businesses, thereby reducing the net negative effect of multi -level taxation. Incentivizes existing cannabis businesses to expand operations within the City and encourages new businesses to enter the Santa Ana marketplace by providing full vertical/horizontal integration of commercial cannabis business activities in Santa Ana, Allows for the deduction of intraparty sales and/or transfers of cannabis and cannabis products occurring within a single integrated cannabis business from reportable gross receipts of cannabis businesses thereby reducing the net negative effect of multi -level taxation. Security Deposits Amends Ordinance NS-2962 to allow a Reduces overall security deposit requirement to a single security deposit to cover multiple maximum amount of $10,000. Allowstwoormore types of vertically/horizontally integrated vertically/horizontally integrated cannabis commercial cannabis business activities businesses to be covered by a single deposit. In conducted by the same ownership lieu of higher deposit amounts, implements well regardless of form of business structure. defined proceeds for handling deposits, their application, replenishment, and release as well as 75F-2 Ordinance Amendment No. 2019-01 — Commercial Cannabis Vertical and Horizontal Integration and Ordinance Updates June 4, 2019 Page 3 Proposed Amendments to Chapters 21 Item Proposed Amendment Impact requirements for close-out audits and other guards against loss of taxes due to transfer of ownership or termination of business. Alternate Square Amends Ordinance NS-2962 to allow Allows distribution and manufacturing cannabis Footage Tax certain vertically and/or horizontally businesses that are vertically or horizontally integrated commercial cannabis integrated to report actual allocated square businesses to base their alternate square footage utilized upon verification by the City in footage tax calculations on measured place total square footage of premises. allocated gross square feet rather than total gross square feet. Testing In parallel with an enabling resolution Allows the City to maintain its competitive Laboratories amends Ordinance NS-2962 to reduce the position with regards to cannabis testing which is Reduce Tax Rate gross receipts tax rate on testing the most mobile and easily re -locatable class of From 5% to Two laboratories and testing facilities. commercial cannabis business 2% Vertical and Horizontal Cannabis Business Integration Santa Ana voters approved Measure Y in November 2018, which established various tax rates for legally -operating and permitted commercial cannabis businesses in the City. In tandem with preparation of the measure, City officials met with cannabis industry representatives to discuss vertical and horizontal integration, security deposits and substitution of allocated gross square footage vs. total square footage for certain types of commercial cannabis businesses. Subsequently, City staff met with cannabis industry representatives and reviewed proposed changes to Measure Y in order to address the new tax confronting cannabis businesses and to incentivize legal operators throughout Santa Ana. The City's current regulatory ordinances permit co -location of multiple commercial cannabis business activities on the same site along with medicinal cannabis retail activity; the proposed revisions to Chapter 21 will ensure that these co - located business activities are vertically and/or horizontally integrated under the business license code as well. Additionally, concerns related to reducing the amount of security deposits and accommodating use of allocated gross square footage in the computation of the alternate gross square footage tax payable by commercial cannabis businesses engaged in distribution and manufacturing are likewise addressed below. An understanding was reached with industry representatives that the City would be open, via a subsequent ordinance as provided under the terms of Measure Y, to the adoption of vertical/horizontal integration, and reducing and capping the amount of security deposits and applying in cases of vertically/horizontally integrated cannabis businesses, a single security deposit. With regard to the concept of vertical/horizontal integration which relates to the City's recognition that state law, by requiring separate licensure for certain separate aspects of commercial cannabis business (cultivation, distribution, manufacturing, and retail sales), consciously adopts a horizontally integrated regulatory scheme as opposed to a vertically integrated scheme adopted in other states. Other states that utilize horizontal integration for regulatory purposes and prohibit vertical integration at the regulatory level include Illinois and Washington. While horizontal integration carries with it certain benefits in terms of maintaining a more open, participatory, and 75F-3 Ordinance Amendment No. 2019-01 — Commercial Cannabis Vertical and Horizontal Integration and Ordinance Updates June 4, 2019 Page 4 business -friendly marketplace at the state level, it also results in a single integrated cannabis business being subject to multiple state and local tax assessments. The state assessments - sales tax, excise cannabis tax, and cultivation tax - when added to local taxes, such as Santa Ana's, mean that a single integrated cannabis business could face a combined state and local tax rate exceeding 50 percent of the retail sale value of their cannabis goods. Vertical/horizontal integration of these separately licensed business activities at the local tax level allows a single integrated business to effectively pay their gross receipts tax assessment once, at the final point of retail sale (which is still at the highest rate of 8 percent for adult -use and 6 percent for medicinal cannabis). In this model, interparty sales and transfers of goods between component parts of a vertically/horizontally integrated cannabis business supply chain, sharing 80% underlying ownership, without reference to form of business structure, are allowed to be deducted from each individual integrated cannabis business' gross receipts tax assessment at each point in the supply chain. This would leave only their third -party sales and/or their minimum square footage tax, whichever is greater, to be reported and paid. Security Deposits Concerning security deposits, it was determined that nominal security deposit language setting a minimum security deposit amount of $10,000 or the average of one month's remittable commercial cannabis tax, whichever was greater, would be included in the final text of Measure Y. This was done with an understanding that the City would be open via a subsequent ordinance, as provided under the terms of Measure Y to reducing and capping the amount of security deposits for commercial cannabis businesses to $10,000 or one month's average remittable commercial cannabis tax whichever is least. Also, it would permit two or more vertically/horizontally integrated cannabis businesses to be covered by a single deposit, provided that: clear detailed procedural language be added surrounding security deposits, their maintenance, application, replenishment and refunding and that similarly detailed language be added concerning sales, assignments, transfers and terminations of cannabis businesses to ensure the City is secure in its continued receipt of cannabis business license tax revenues. Allocated Gross Souare Footage In the case of integrated distribution and/or manufacturing cannabis businesses, the minimum gross square footage tax reported would reflect the allocated square footage actually utilized by the business as verified by the City, rather than the maximum square footage of the premises. The gross square footage tax on cultivation would continue to be based on canopy size as reported to the state and as verified by the City. The gross square footage tax for adult -use retail businesses would continue to be based on the maximum size of the premises. 75F-4 Ordinance Amendment No. 2019-01 — Commercial Cannabis Vertical and Horizontal Integration and Ordinance Updates June 4, 2019 Page 5 Gross Receipts Tax Rate Reduction for Cannabis Testing Laboratories Local jurisdiction tax rates on commercial cannabis testing laboratories vary across the state. When the City's commercial cannabis testing laboratory ordinance was adopted in March 2018, testing laboratory tax rates ranged from 2 to 10 percent in various jurisdictions statewide. The City currently collects a tax of 5 percent of gross receipts or $1.50 per gross square foot, whichever is the greater of the two calculations. Nearby, the City of Costa Mesa collects 6 percent; Long Beach collects 6 percent, with the option to increase to 8 percent; Bellflower collects 5 percent, (with multiple 2.5 percent annual increases scheduled beginning July 1, 2020 until a 10 percent cap is reached) and Irvine collects no taxes. It is important to note that beginning in 2015 the City of Irvine ceased collecting a business license tax for any type of business in the City. Cannabis testing laboratories play a crucial role in ensuring product safety for medicinal and adult - use consumers. Testing laboratories examine products for pesticides, minerals, potency, and toxicity. These facilities employ highly -skilled and educated individuals and require purchasing and installation of costly equipment. Although the City's current 5 percent tax rate is consistent with other local jurisdictions with the exception of Irvine, the City has a continuing interest in promoting safe medicinal and nonmedicinal cannabis and cannabis products for all users and to ensure the sustained growth of the regulated medicinal and commercial cannabis business hub in Santa Ana. Reducing the cannabis testing laboratory gross receipts rate from 5 to 2 percent will maintain Santa Ana's overall competitive edge in the medicinal and commercial cannabis industries by promoting a healthy mix of business types, employment opportunities, and equipment investment in Santa Ana's industrial areas. Recommendation There are currently 127 applications for commercial cannabis business start-ups pending with the Planning & Building Agency, each of which paid $1,690 to apply. For these businesses to move forward with their permitting and licensing processes they need assurance that the City will move forward in providing local tax treatment based on principles of vertical and horizontal integration and that issues related to security deposits and gross square footage assessment will be addressed. The medicinal and commercial cannabis ordinance updates recommended by staff provide this assurance and will serve to "jump-start" commercial cannabis business activity in the City, while at the same time accomplishing all other objectives of the City in securing reliable and continuing receipt of resulting cannabis revenues. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. In accordance with the California Environmental Quality Act (CEQA), the subject actions are exempt from further review pursuant to Section 15061(b)(3) of the CEQA Guidelines. 75F-5 Ordinance Amendment No. 2019-01 — Commercial Cannabis Vertical and Horizontal Integration and Ordinance Updates June 4, 2019 Page 6 FISCAL IMPACT There is no fiscal impact associated with approval of this action as projected revenues are incorporated within the City's 2019-20 budget. Failure to adopt the above recommended action items, however, would have a negative impact as a significant portion of the 127 pending commercial cannabis applicants awaiting adoption of those recommended items before committing to entering the approval, permitting, and licensing process will defer or cancel their decision to enter the Santa Ana market and anticipated revenues will not be realized. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Objective #3 (promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). Approval of this item also supports the City's efforts to meet Goal #4 - City Financial Stability; Objective #3 (achieve a structurally balanced budget with appropriate reserve levels). 944 �yi 8'inrvy� Kathryn Dowrfs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Ordinance r Minh Thai Executive Director Planning and Building Agency 2. Resolution- Reducing The Commercial Cannabis Gross Receipts Tax for Testing Laboratories from 5% to 2% 3. Resolution - Establishing a Canopy Measurement Service Fee and an Allocated Square Footage Measurement Service Fee 75F-6 EXHIBIT 7 LS 6.4.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND ADDING CERTAIN SECTIONS TO ARTICLES XIII, XII, AND VII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO OWNERSHIP TRANSFERS, CLOSE OUT AUDIT PROCEDURES (SECTIONS 21-131.1 AND 21-141); VERTICAL INTEGRATION (SECTIONS 21-131.2 AND 21- 142); REDUCTION IN THE GROSS RECEIPTS TAX RATE FOR CANNABIS TESTING FACILITIES, DEDUCTIBILITY OF INTERPARTY SALES AND TRANSFERS OF GOODS, CLARIFICATION OF SQUARE FOOTAGE TAX MEASUREMENT REQUIREMENTS (SECTION 21-133); AND REDUCTION OF SECURITY DEPOSIT AMOUNTS AND ESTABLISHMENT OF RELATED PROCEDURAL REQUIREMENTS (SECTIONS 21-80, 21-80.1, 21-86 AND 21-136) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory Program ordinance ("Measure BB") which was codified in Chapters 18 and 21 of the Santa Ana Municipal Code. Such regulations govern medicinal marijuana and the retail sale thereof. B. In 2015, the Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Marijuana Regulation and Safety Act further amended in 2016 as the Medical Cannabis Regulation and Safety Act which established regulations and a state licensing system for medical cannabis cultivation, manufacturing, delivery, and dispensing. 1 75F-7 C. In November 2016, the voters of the State of California approved Proposition 64, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act. D. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act. E. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. F. Since November 2014, the City of Santa Ana has permitted the retail sale of cannabis for medicinal purposes and since January 2018 for adult -use purposes. On March 20, 2018, the City Council adopted Ordinance NS-2941 and NS-2942, allowing and regulating commercial cannabis testing laboratories. G. On April 17, 2018, the City Council adopted Ordinance NS-2944 allowing and regulating commercial cannabis cultivation, distribution, and manufacturing activities. H. On November 6, 2018, the voters of the City of Santa Ana approved Measure Y (Ordinance NS-2962), establishing a tax on commercial cannabis business activities except medicinal cannabis retail sales, which continue to be subject to taxes under Measure BB. I. The State of California continues to update its regulations on commercial cannabis business licensing, resulting in the need for local jurisdictions to update and amend local commercial cannabis ordinances from time to time. J. The City Council of the City of Santa Ana intends that nothing in this Article shall be deemed to conflict with federal law as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or other applicable law. K. The City of Santa Ana has a compelling interest in ensuring that cannabis is not cultivated, manufactured or distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these uses may operate, and in providing access of cannabis to residents. L. The City Council has held a duly noticed public hearing in connection with consideration and adoption of this ordinance. 2 75F-8 Section 2. This ordinance is adopted pursuant to the authority granted by the California Constitution and State law, including but not limited to: Article IX, Section 7 of the California Constitution, the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5), the Medical Marijuana Program (California Health and Safety Code Section 11362.7 et seq.), the Medical Marijuana Regulation and Safety Act (AB 266, AB 243, and SB 643), the Adult Use of Marijuana Act (Proposition 64), and the Medical and Adult Use Cannabis Regulation and Safety Act (SB 94). Section 3. Pursuant to the California Environmental Quality Act ("CEQA') and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Section 4. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 5. Section 21-131.1, Article XII of Chapter 21 of the Santa Ana Municipal Code is hereby added to read in full as follows: Sec. 21-131.1. Sale, assignment, transfer, or termination of business; marijuana collective/cooperative (medicinal cannabis retail business) owner/operator's duty to notify; remitting and reporting requirements; closeout audit; successor's duty to notify; successor's and transferor's joint and several liability; certificate of nonliability. (a) OwnerlOperator's duty to notify, who is terminating their business shall notify the collector in writing of such termination at least ninety (90) days in advance of the date of termination of shall then immediately notify the collector of said decision and the date of termination of business. 75F-9 Sale, assignment. or transfer of business. A medicinal cannabis retail assignee, transferee, or other successor in interest (hereinafter collectively referred to as successor) unless the decision to sell, assign, or otherwise transfer their business was made within less than a ninety (90) day period prior to the sale, assignment, or transfer, in which case the transferor shall then immediately notify the successor of the successor's responsibility for unpaid business license taxes, including penalties, interest, charges, fees, or successor was notified of the requirements of this Article regarding their responsibility for unpaid business license tax liabilities. (b) Remitting and reporting requirements. Each medicinal cannabis retail business sale, assignment, transfer, or termination of business, file a final return to the if any, shall be remitted to the collector. (c) Closeout audit. After filing the final return and remitting the balance due, the medicinal cannabis retail business owner/operator shall make its records of closeout audit shall be made solely at the discretion of the collector. If, upon closeout audit, or by means of other information available to them, the collector determines that the owner/operator selling, assigning, or otherwise transferring, or terminating their business is found to have satisfied all business license tax liabilities, the collector shall issue to such business owner/operator a certificate of nonliability. If, upon closeout audit, or by means of other information available to them, the collector determines that the owner/operator selling, assigning, or otherwise or costs. Upon such owner's/operator's remittance of all business license tax liabilities owing, the collector shall issue a certificate of nonliability. 75F-10 (d) Successor's duty to notify. If a medicinal cannabis retail business owner/operator decides to sell, assign, or otherwise transfer their business, their successor shall notify the collector of the date of the sale, assignment, or other transfer at least the transferor does not have or is not liable for any outstanding business license the transferor produces a certificate of nonliability stating the nonliability of the assignment, or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. If the decision to sell, assign, or otherwise transfer was made within less than a ninety (90) day period prior to the date of the sale, assignment, or other transfer, three (3) months' of reported and remitted business license taxes until the present a certificate of nonliability within ninety (90) days after such sale, assignment, or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. (e) Joint and several liability. If the successor fails to withhold the applicable amount license tax liabilities and shall likewise become jointly and severally liable along with the transferor for future penalties and/or interest charges as may be applicable as set forth in sections 21-83, 21-84, and 21-85 until all business license tax liabilities are satisfied. (f) Certificate of nonliability. Upon application of a medicinal cannabis retail business operator/owner who is terminating their business, or a transferor, or a successor, transferor's, or successor's business license tax liabilities have been satisfied. If any business license tax liabilities remain outstanding, or if additional business license tax liabilities have accrued subsequent to the date of application, the collector shall give notice to the operator/owner, transferor, or successor of the applicable amount which must be fully paid as a condition of issuing their respective certificate of nonliability. Where a transferor's business license tax liabilities have been partially or wholly paid by their successor to the collector 75F-11 pursuant to subsection (e) or partially or wholly satisfied by their successor's action of withholding and depositing amounts with the collector pursuant to subsection (d), no certificate of nonliability shall be issued to the transferor without the prior written consent of their successor. Section 6. Section 21-131.2 of Article XII of Chapter 21 of the Santa Ana Municipal Code is hereby added to read in full as follows: Sec. 21-131.2 Vertical and horizontal integration of marijuana collective/cooperative licensees (medicinal cannabis retail businesses) —Defined. The terms vertical integration and horizontal integration as used in this Article shall have the following meanings: Vertical integration shall refer to cannabis businesses operating at different points in the same supply chain from cultivation to retail sales, as long as they share at least 80% underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. Horizontal integration shall refer to cannabis businesses operating at the same point in the same supply chain, as long as they share at least 80% underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. For purposes of this Article the term "cannabis businesses" shall include marijuana collectives/cooperatives as defined in section 18-611 and commercial cannabis businesses as defined in section 40-2, but shall not include commercial cannabis businesses engaged in testing facilities or testing laboratory businesses. Section 7. Section 21-133 of Article XIII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-133. Commercial cannabis businesses —Annual business license tax assessment. Every person engaged in a "commercial cannabis business" or "commercial cannabis activity" shall pay an annual business license tax as outlined below. This Article shall not apply, except with respect to medical marijuana cooperatives/collectives (also referred to as medicinal cannabis retail businesses) WhOGI are subie^* to which are vertically and/or horizontally integrated with commercial cannabis businesses, to medical marijuana cooperatives/collectives which are governed by Article XII of this Chapter, or to personal cultivation as defined in section 18-611(n) of this Code. (a) For each branch establishment or separate property location of a commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location, the higher of the two (2) following tax rates shall be due to the City for each monthly reporting period: 75F-12 (1) Up to ten percent (10%) of each dollar of gross receipts received or generated for each monthly reporting period. (2) Up to $35.00 per square foot (annual tax rate) prorated monthly to one - twelfth (1/12th) of the annual tax rate amount. (b) These tax rates shall not be adjusted for inflation pursuant to section 21-121 of this Chapter. (c) Notwithstanding the tax rates imposed herein under subsection (a), the City Council may, in its discretion, at any time by resolution, implement any lower tax rate it deems appropriate, and may by resolution increase such tax rate from time to time, not to exceed the maximum rates established by subsection (a). (d) As of the operative date of this Article, the business license gross receipts tax rates and square footage tax rates application to specific commercial cannabis business activities shall be established as follows: Commercial Cannabis Business Gross Receipts Gross Square Activity Tax Rate Footage Tax Rate Adult -use Cannabis Retail 8% $ 25.00 Business (including Delivery) Cultivation 6% $ 10.00 Distribution 6% $ 4.00 Manufacturing 6% $ 10.00 Testing Facility or Testing Laboratory (effective December 5% $ 1.50 21, 2018 through June 30, 2019) Testing Facility or Testing Laboratory (effective beginning 20/6 $ 1.50 July 1, 2019) Commercial cannabis businesses not having a fixed place of business within the city but conducting regular, non -incidental commercial cannabis business activities within the city shall be subject to the gross receipts tax rate(s) as set out in the table above based on the category/categories of commercial cannabis activity conducted. However, such out-of-town commercial cannabis businesses shall not be subject to any gross square footage tax rate(s). (e) As part of the annual gross receipts/square footage tax(es) imposed by this Article, each commercial cannabis business located within the city shall pay a minimum 75F-13 basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location. Commercial cannabis businesses having no fixed place of business within the city shall be exempted from this requirement. (f) In the event the City should in the future permit additional categories of commercial cannabis business activity, as may from time to time be licensed by the State of California, such categories of commercial cannabis activates shall be subject to the same maximum tax rates as imposed herein. The City may by ordinance of the City Council initially set the required gross receipts/gross square footage tax rates based on category of cannabis business activity at lesser rates as may be deemed appropriate by the City Council. (g) For purposes of this Article, a commercial cannabis business is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in sections 21-48 and 21-49 of this Chapter. (h) For purposes of this Article any person claiming an exemption from the gross receipts tax rate component of the combined gross receipts/square footage tax imposed under this Article on the basis of a claim of being a qualified "nonprofit organization" shall have the burden of substantiating their claim to the same extent and in the same manner as a marijuana collective/cooperative in accordance with section 21-127(a)(6) of this Chapter. (i) Cannabis businesses shall not pass the taxes imposed by this Article through to an adult -use cannabis retail business customer or commercial cannabis business customer in any fashion except as part of the basic product sales and/or service price. Q) Definitions. For purposes of this Article, the following terms have the following meanings: (1) "Adult -Use cannabis retail business" as defined in section 40-2(4) of this Code. (2) "Commercial Cannabis Activity' as defined in section 40-2(9) of this Code. (3) "Commercial cannabis business" as defined in section 40-2(10) of this Code excluding medical marijuana collectives/cooperatives also referred to as medicinal cannabis retail sales. (4) "Cultivation" as defined in section 40-2(11) of this Code. (5) "Delivery" as defined in section 40-2(13) of this Code. s 75F-14 (6) "Distribution" as defined in section 40-2(16) of this Code. (7) "Gross receipts" — section 21-3 of this Chapter notwithstanding, "gross receipts" for the purposes of this Article shall mean: (A) Transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for cannabis, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in -kind contributions, including all operating costs related to the growth, cultivation, manufacturing, distribution, testing, or provision of cannabis or any transaction related thereto. (B) Anything else of value obtained by an a cannabis business; (C) The total amount of the sale price of all sales and services; (D) The total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, or merchandise (whether at wholesale or retail), for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature; (E) Any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included; (F) The amount of any federal manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof and- vihether or Ret the (G) The amount of any California state cannabis excise tax or state cannabis cultivation tax regardless of whether Pr not the arneuRt ^s eh. pxnmqp tRx n.r ^,d"dy^ti^^ tax 4aincluded in the price of the product ^ ^tat^a te ^ ,^t^mem as a sepaFate ^tie.^^. (H) "Gross receipts" shall not include the following: i. The amount of any federal tax imposed on or with respect to retail or wholesale sales or the sale of services whether 0 75F-15 imposed upon the cannabis business or the consumer whenever the amount of federal tax is authorized by law to be stated and passed through to customers as a separate charge. ii. Any California state, county, or city sales or use tax, including any add -on, district, or transaction and use tax, required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale; or iii. The amount of the sale price of business personal property (all property owned or leased by a cannabis business operator used in the operation cannabis business activities, including but not limited to: furniture, fixtures, and business equipment); real property, including land, buildings and other improvements. iv. The amount of equity contributions, investments, and/or loan proceeds to cannabis business' operation, and/or proceeds from the sale or transfer of cannabis business' retail or commercial cannabis business. v. The amount of interparty sales and/or transfers of goods within a_ single vertically and/or horizontally integrated cannabis business, where the sales or transfers goods are between two or more commercial cannabis business licensees (excluding testing facilities or testing laboratories), or one or more said commercial cannabis business licensee(s) and one or more medicinal cannabis retail business licensee(s), as set forth in accordance with section 21-131.2 and/or section 21-142. (1) "Gross receipts" shall be calculated without any deduction on account of any of the following: i. The cost of tangible or intangible property sold or bartered; ii. The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; iii. The cost of transportation of cannabis, or other property or product; iv. The amount of any federal or state income or franchise taxes; and 10 75F-16 v. Any other business costs or expenses, unless otherwise specifically exempted. —"Retail businesses" as .ref ^ea iR seGtiOR nn oinm of this r_.fe °Gross Square foot' or "gross square footage" for the purposes of this Article shall mean: (A) In the case of commercial cannabis businesses licensed by the state to engage in an adult -use cannabis retail business, the gross number of square feet comprising the adult -use cannabis retail property location as confirmed by the corresponding "approved building set' or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated, whether such adult -use cannabis retail business is part of an on -site vertically or horizontally integrated cannabis business or not. (B) In the case of commercial cannabis businesses licensed by the state to engage in cultivation, the aggregate number of square feet comprising all areas of the premises under "canopy", whether such sum is greater or lesser than the gross square footage as stated in the "approved building set' or "approved certificate of occupancy', and whether such commercial cannabis cultivation business is part of an on -site vertically integrated cannabis business or not. "Canopy" shall mean the designated area(s) of a premise that will contain mature plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. Canopy may be noncontiguous, but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which includes interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and if mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. Canopy shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent canopy measurement and 11 75F-17 calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's canopy is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then a canopy measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (C) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and that are not vertically or horizontally integrated with another cannabis business occupying the same premises, the gross number of square feet as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated. (S)--(D) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and occupying the same premises with another cannabis business with which they are vertically or horizontally integrated, the gross number of square feet allocated by the commercial cannabis business owner/operator respectively for either distribution use or for manufacturing use, whether the combined sum of all vertically or horizontally integrated uses is less than, equal to, or greater than the gross square footage as stated in the "approved building set" or "approved certificate of occupancy". The number of square feet allocated ("Allocated Square Footage") shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent allocated square footage measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's allocated square footage is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then an Allocated Square Footage 12 75F-18 measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (E) In the case of commercial cannabis businesses licensed by the state to engage in testing facilities or testing laboratory businesses, the gross number of square feet comprising such commercial cannabis business' property location as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater. Wn "Manufacturing" as defined in section 40-2(22) of this Code. R(10) "Retail businesses" as defined in section 40-2(40) of this Code. (11) "Testing Facility" or "Testing Laboratory" as defined in section 40-2(44) of this Code. (12) 'Wholesale" as defined in section 40-(46) of this Code. (k) Modification, repeal or amendment. The City Council may repeal the ordinance codified in this Article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The City Council may likewise by ordinance adopt and add additional provisions to any other Article of this Chapter and relate them to this Article, or amend any existing provisions of any Article of this Chapter as they may already relate to this Article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the City Council repeals said ordinance or any provision of this Article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (1) Administration —Rules, regulations and guidelines. In order to aid in the city's collection of taxes due under this Article and to ensure that all commercial cannabis businesses are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this Article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this Chapter with the provisions of this Article in any manner not inconsistent with the intent of this Article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Article. 13 75F-19 (m) Occasional transactions —Exemptions. (1) The provisions of this Article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of transacting a specific item of commercial cannabis business at the request of a specific client or customer, incidental to a commercial cannabis business principally established elsewhere, provided that such person does not come into the city for the purpose of transacting such business on more than three (3) days during any calendar year. (2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting commercial cannabis business activities, the business license tax(es) payable by such person may be apportioned by the collector in accordance with this Chapter. (n) Reporting and remittance. (1) Beginning as set forth in subsection (r) below, and monthly thereafter, each commercial cannabis business required to pay a tax or taxes based on gross receipts under this Article (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts), shall report to the city any gross receipts received during the preceding monthly reporting period. In addition, each cannabis business (including qualified nonprofit organizations) required to pay a tax or taxes based on square footage shall report to the city the gross square footage of the cannabis business' property location. Every cannabis business shall then compute the business license taxes at both the gross receipts rate and the gross square footage rate - prorated monthly to one -twelfth (1/12th) of the annual tax rate amount - and shall then remit to the city the amount of the higher of the two tax calculations due and owing during said period in accordance with section 21-133, subsection (d). In the case of a qualified nonprofit organization only the gross square footage computation shall be made and the amount of such calculation shall represent the amount due and owing during said period. All reporting and remitting made shall be done in accordance with instructions from the collector and shall be made using forms provided or approved by the collector. (2) For purposes of this section, month shall mean calendar month and shall include any fraction of a month. Taxes shall begin to accrue on the date that a person or entity first receives a business license or other city permit to operate as a commercial cannabis business or upon the operative date of this Article should a person or entity already possess a 14 75F-20 commercial cannabis business license or other city permit to operate as a commercial cannabis business. (3) The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance with this section, shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31st day of March of the following year. In the case of a new commercial cannabis business the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one -quarter (%) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (o) Delinquent date —Penalty. Any individual or entity who fails to pay the taxes required by this Article when due shall be subject to penalties and interest as set forth in accordance with this Chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Article and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Article. (p) Business license tax certificate —Required. There are imposed upon all persons engaged in transacting and carrying on any commercial cannabis business activity in the city taxes in the amounts prescribed in this Article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this Chapter and having paid the taxes set forth in this Article, and without complying with any and all applicable provisions contained in this Chapter. The carrying on of any commercial cannabis business activity without complying with all the provisions of this Article shall constitute a separate violation of this Chapter for each and every day that such commercial cannabis activity is so carried on. (q) Classification of business license assessment type —Term and renewal. The business license issued to commercial cannabis businesses shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) of this Chapter and shall be subject to renewal in accordance with sections 21-72(c), 21-73(c), and 21-77. (r) Operative date. Upon the approval by the majority of the voters of the city at the November 6, 2018 general election, the taxes imposed by this Article shall become operative and shall be applied by the collector upon all commercial cannabis businesses. W 75F-21 (s) Operative date of decreased gross receipts tax rate. The gross receipts tax set initially at a rate of five (5%) percent for testing facilities or testing laboratories pursuant to subsection (d) above shall be decreased to a rate of two (2%) percent by resolution of the City Council (Santa Ana City Council Resolution No. XX-XXXI as hereinabove provided for in accordance with subsection (c) which reduced rate under the terms of said City Council resolution, shall become retroactively effective July 1, 2019. Section 8. Section 21-136 of Article XIII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-136. Security for collection of commercial cannabis business' business license tax; requirement; extension of time; application; failure to post or restore —effect; ieopardv determination; refund or release; deposit adiustment— effect. (a) Requirement for Security Deposit. To ensure compliance with business license tax payment requirements established pursuant to this Article, the collector shall require, beginning on the operative date of this Article, that each commercial cannabis business owner/operator, (including but not limited to each purchaser, assignee, transferee, or other successor in interest (hereinafter collectively referred to as successor) of a commercial cannabis business subject to the business licensing requirements of this Article,) deposit within thirty (30) G Gh GeG ty (peF nd'vid, al b ,S: 8G''^eRse) one hundred and twenty (120) days following the last day of the month in which business was first commenced such security (per individual business license) in a form acceptable to the collector in an amount not larger than the commercial cannabis business owner's/operator's estimated average monthly business license tax liability as determined by the collector or the sum of ten thousand dollars ($10,000.00), whichever is the g eatef least. Provided, however, in the event that two or more commercial cannabis business licensees sharing at least 80% underlying common ownership, regardless of form of business structure, are engaged in an integrated cannabis business (whether vertically or horizontally integrated) as defined in section 21-142, then a single consolidated deposit shall be made equal to the deposit amount owing for the integrated commercial cannabis activity having the highest individual business license tax liability. Each new city commercial cannabis business licensee shall upon obtaining their City business license(s) deposit a similar security as applicable per business license within thirty (30) days after commencing business. (b) Extension of Time. If, upon request and in the judgment of the collector, a determination of any commercial cannabis business' estimated average monthly tax liability for purposes of setting the amount of their required security deposit requires an extension of time beyond one hundred and twenty (120) days following R: 75F-22 the last day of the month in which business was first commenced, then the collector may issue a written notification to such commercial cannabis business -granting such extension. (c) Application of Security Deposit. To recover past -due business license taxes, including penalties, interest, charges, fees, or costs (hereinafter collectively referred to as business license tax liabilities) remittable by the depositor, the collector may apply the security deposited with the collector. At least fifteen (15) days prior to the application of a security deposit, the collector shall serve upon the depositing commercial cannabis business owner/operator notice of intent to apply the security deposit. Service of notice may be made by placing the notice in the United States mail, postage prepaid, addressed to the depositing commercial cannabis business owner/operator at their place of business or other mailing address of record. Any portion of the security remaining after satisfaction of outstanding business license tax liabilities and any expenses related to third -party administrative charges or fees relating to the liquidation and application of non - cash deposits may be retained by the collector for security or in the case of a closeout audit may be paid over by the collector to the depositing owner/operator. Except in the case of a closeout audit pursuant to section 21-141, in the event the collector applies the security deposit, or any portion of said deposit, as an offset against remittable business license tax liabilities and any expenses related to third - party administrative charges or fees relating to the liquidation and application of non -cash deposits, the commercial cannabis business owner/operator shall be required within thirty (30) days of the collector's written demand therefor, to re - deposit the full amount of the required security. In such event the amount of the required security shall be adjusted by the collector based on the average of the commercial cannabis business' actual monthly gross receipts tax returns and/or remittances as measured over the last three (3) valid monthly returns and/or remittances received by the collector or the sum of ten thousand dollars ($10,000). whichever is least, less any amount remaining on deposit with the collector. Service of demand shall be in the same manner as stated hereinabove for service of notice. (d) Failure to Post or Restore Security Deposit —effect. Failure by a commercial cannabis business licensee to initially post or restore a security deposit when required by the collector pursuant to this section shall be cause for suspension and/or revocation of such commercial cannabis business' existing Santa Ana Business License as set out in section 21-86 of this Chapter. Similarly, in the case of a vertically and/or horizontally integrated cannabis business, the business license(s) of the integrated commercial cannabis business(es) shall be likewise subiect to suspension and/or revocation. 17 75F-23 (e) Jeopardy Determination. If the collector believes that the collection of any business license tax imposed by this Article will be ieopardized in whole or in part by delay in the commercial cannabis business owner's/operator's timely remittance of the business license tax, the collector shall serve notice upon the person determined to be liable therefor of their determination of ieopardv and of the business license tax required to be paid to the Citv and demand immediate Payment thereof, together with any interest and penalty determined to be due. The collector may consider all facts and circumstances relevant to determining whether the collection of any business license tax will be ieopardized by delay, including but not limited to indications that the person liable for the business license tax intends to take or is taking action to discontinue business activities in the City, dissipate or otherwise remove assets from the City, or sell, exchange transfer, assign or otherwise dispose of such person's business, personal or business income, or business property. The collector also may consider whether the person liable for the business license tax is or has been uncooperative or unresponsive in connection with any investigation, examination, audit deficiency determination, assessment, or collection action or procedure undertaken by the collector. A ieopardv determination of business license tax, penalty, or interest, is immediately due and payable upon the service of the notice of ieopardv determination on the person determined to be liable therefor. Service of notice of a ieopardv determination shall be made by: (1) sending the notice initially by electronic mail to the depositing commercial cannabis business owner's/operator's electronic mail address of record as set out in the depositing commercial cannabis business owner's/operator's application for business license or most recent business license renewal affidavit or business license amendment statement: (2) placing the notice for delivery with an express carrier for next business day delivery, all delivery and tracking charges prepaid, addressed to the depositing commercial cannabis business owner/operator at their place of business: and/or (3) conspicuously posting said notice upon the premises of the commercial cannabis business. Service of notice of a ieopardv determination shall be deemed completed upon tracking confirmation of the delivery of said notice to the commercial cannabis business owner's/operators place of business or on the date of the actual posting of said notice on the premises of the depositing commercial cannabis business owner/operator. Upon the business day next following the completion of service of notice of a ieopardv determination upon a depositing commercial cannabis business, the collector in his or her discretion may proceed with the application of the security deposit upon actual or estimated business license taxes due, including penalties, interest, charges, or service fees. (f) Refund or release of security deposit. In the case of the sale, assignment, or other transfer or termination of business by the depositor pursuant to section 21-141, the collector shall refund or release the security deposit amount required pursuant to this section, or in the event of prior application of the security deposit pursuant to 18 75F-24 subsection (c), any unapplied amount of such security deposit, upon depositor's presentation to the collector of a certificate of nonliability stating the nonliability of the depositor for payment of business license taxes as hereunder provided in section 21-141(f). (g) Deposit adjustment —effect. In the case of a determination by the collector that the amount of a previously posted commercial cannabis business owner's/operator's posted on a cash basis, then the collector shall refund the excess amount. If the Prior security deposit was posted on a non -cash basis, then an adjusted cash basis security deposit or adjusted non -cash basis security deposit in a form acceptable to the collector may be posted in exchange for the release of the prior security deposit. Section 9. Section 21-141 of Article XIII of Chapter 21 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 21-141. Sale, assianment, transfer, or termination of business commercial cannabis business owner's/operator's duty to notify: remitting and reporting requirements: closeout audit: successor's duty to notify: successor's and transferor's joint and several liability: certificate of nonliability. (a) Owner/Operators duty to notify. i. Termination of business. A commercial cannabis business owner/operator business. If the decision to terminate business is made within less than a termination of business. H. Sale, assignment, or transfer of business. A commercial cannabis business owner/operator who is selling, assigning, or otherwise transferring their days in advance of the date of the sale, assignment, or transfer and shall notify the collector in writing of the name and address of the purchaser, prior to the sale, assignment, or transfer, in which case the transferor shall then immediately notify the successor of the successor's responsibility for 19 75F-25 unpaid business license taxes, including penalties interest, charges fees or costs (hereinafter collectively referred to as business license tax liabilities) for (b) Remitting and reporting requirements. Each commercial cannabis business sale, assignment, transfer, or termination of business, file a final return to the period, remittances made, if any, and the balance of the business license tax due, if any, shall be remitted to the collector. (C) Closeout audit. After filing the final return and remitting the balance due, the authorized employees or agents of the City. The decision to perform a closeout shall issue to such business owner/operator a certificate of nonliability, If, upon closeout audit, or by means of other information available to them. the remittance, or both, the collector shall immediately notify such owner/operator of (d) Successor's duty to notify. If a commercial cannabis business owner/operator the transferor does not have or is not liable for any outstanding business license any outstanding amount of business license tax liabilities, the successor shall transferor for payment of business license tax liabilities. If the transferor does not 75F-26 present a certificate of nonliability within ninety (90) days after such sale, assignment or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. transferor produces a certificate of nonliability stating the nonliability of the assignment or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. (e) Joint and several liability. If the successor fails to withhold the applicable amount required under subsection (d) they shall become Jointly and severally liable along with the transferor for the payment of the full amount of the transferor's business license tax liabilities and shall likewise become jointly and severally liable along with the transferor for future penalties and/or interest charges as may be applicable (f) Certificate of nonliability. Upon application of a commercial cannabis business owner/operator who is terminating their business, or a transferor, or a successor, for a certificate of nonliability, the collector, after conducting an audit therefore, as additional business license tax liabilities have accrued subsequent to the date of successor's action of withholding and depositing amounts with the collector Section 10. Section 21-142 of Article XIII of Chapter 21 of the Santa Ana Municipal Code, is hereby added to read as follows: Sec. 21-142. Vertical and horizontal integration of commercial cannabis business licensees —Defined. 21 75F-27 The terms vertical integration and horizontal integration as used in this Article shall have the following meanings: Vertical integration shall refer to cannabis businesses operatinq at different points in the same supply chain from cultivation to retail sales as long as they share at least 80% underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. Horizontal integration shall refer to cannabis businesses operating at the same point in the same supply chain as long as they share at least 80% underlying common ownership regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. For purposes of this Article the term "cannabis businesses" shall include medicinal marijuana collectives/cooperatives as defined in section 18-611 and commercial cannabis businesses as defined in section 40-2. but shall not include commercial cannabis businesses engaged in testing facilities or testinq laboratory businesses. Section 11. Section 21-80 of Article VII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-80. - Same —Not conclusive; audit of books. No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the collector, his or her revenue officers, or duly authorized employees or agents of the City, who are hereby authorized to examine, audit, and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due. All persons subject to the provisions of this Chapter shall keep complete and detailed records of business transactions, including, but not limited to the following: rent collected, daily sales, sales taxes collected and paid to the state, any and all city, state and federal taxes collected and remitted from cannabis sales, point of sales (POS) system detailed daily sales data base and summary monthly sales reports, receipts, purchases, and other expenditures, detailed general ledger, income statements, cash flow statements, balance sheets, sales journals, cash disbursement journals and ledgers including payroll iournals, third -party staffing agency statements, lease agreements, and other reports regarding the number and types of persons employed and/or otherwise engaged in the business, and shall retain all such records for examination by the collector, his or her revenue officers, or duly authorized employees or agents of the City. Such records shall be maintained for the period of the current calendar year, and fora rp IOr period of at least three (3) complete calendar years or from the commencement of business within the city, whichever period is least. In the event such records of any business are not maintained within the city and are not 22 75F-28 reasonably made available for examination within the city, then such business shall be responsible for the actual travel and lodging cost in connection with the performance of said examination. No person required to keep records under this section shall refuse to allow the collector, his or her revenue officers, or duly authorized employees or agents of the City to examine said records at reasonable times and places. Any person who willfully refuses to allow said examination on demand and at a reasonable time and place as herein provided shall be deemed guilty of a misdemeanor. In addition, such willful refusal shall be cause for suspension and/or revocation of such business' existing Santa Ana Business License as set out in section 21-86 of this Chapter. Section 12. Section 21-80.1 of Article VII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-80.1. - Same —Audit deficiency; application of penalty and interest; voluntary compliance; effect;=Abatement of penalty and interest, application; Exception for business license taxes assessed on a monthly basis; audit service fees. In the event that the collector or his or her designated agents, whether through an audit or otherwise, determine that any person has misstated their gross receipts amount, square footage amount, or other criteria upon which their current or prior years' business license tax has been calculated resulting in an underpayment of the tax amount owed, the collector shall separately calculate the deficiency for each distinct license period affected and issue a statement of tax deficiency and add delinquency penalties as applicable to the amount of the tax deficiency in accordance with Section 21-25, subsection (a) and Section 21-83, subsection (a), together with interest as provided under Sections 21-84 and 21-85, as applicable, until such time as the tax deficiency together with the accrued penalties and interest, are satisfied. In the case of business license taxes which are assessed and payable on a monthly basis, an identical procedure shall be applied by the collector. Provided, however, that the provisions of Section 21-25 shall not apply. Provided, heweveF, that Except business license taxes which are assessed and Payable on a monthly basis, where any person voluntarily reports a tax deficiency on business license taxes which are assessed and payable on an annual basis such person's penalty and interest assessment on said deficiency shall be abated until the combined amount of tax, penalty and interest due is equalized to an amount equivalent to the amount of current and prior years' taxes owing as computed or determined based upon the business license tax rates and charges in effect for the most current tax year. In computing the abatement of accrued penalties and interest to 23 75F-29 arrive at a combined amount of tax, penalty and interest equivalent to the amount of the current or prior years' taxes owing as computed or determined based upon the business license tax rates in effect for the most current tax year the collector in his or her discretion may retain a sufficient amount of accrued penalty alone, or a sufficient amount of accrued interest alone, or any sufficient combination of accrued penalty amount and accrued interest amount necessary. Whenever the result of any audit performed pursuant to this Chapter, excluding audits performed in connection with any medicinal cannabis business or commercial cannabis business, determines that any licensee has, exclusive of penalties and interest, underpaid the amount of their business license tax by five (5) per cent or more of the total amount due, but not less than two hundred fifty dollars ($250.00), then an audit service fee in an amount as specified by resolution of the City Council shall be applied. In the case of audits performed pursuant to this Chapter in connection with any medicinal cannabis business or commercial cannabis business that has exclusive of penalties and interest, underpaid the amount of their business license tax by five (5) per cent or more of the total amount due, but not less than five thousand dollars ($5,000.00), then such cannabis business shall be responsible for the City's actual cost of performing said audit. Section 13. Section 21-86 of Article VII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-86. - Same —Suspension and revocation of business license. The collector shall suspend and/or revoke any business license issued or granted pursuant to this Chapter only upon those grounds set forth in Sections 21-45, 21-50, 21-55, 21-58, 21-59, 21-60, 21-80, 21-136 or upon conditions set forth in any written agreement executed pursuant to Section 21-83. Provided further, that unless revocation is made upon conditions set forth in a written agreement executed pursuant to Section 21-83 or upon licensee's failure to comply with the requirements of Section 21-136, no licensee's business license shall be suspended and/or revoked for failure to pay the any annual business license tax as set forth in this Chapter, or any monthly business license tax as set forth in Article XII or Article XIII of this Chapter, or any other amount due pursuant to this Chapter until the penalties accruing for such failure to pay, exclusive of interest, equal one huRdred (100) peF eeRt of the b:..,,n,,ss IOG8nse tax d fGF SUGh linense have attained the maximum applicable amount permissible under the terms of this Chapter. Whereupon, the collector shall give a notice of suspension, which notice shall specify the grounds for suspension, and which notice shall be given by personal service or by depositing it in 24 75F-30 the United States post office in the city, postage prepaid, addressed to the licensee at the address listed on the application of the licensee where he or she consented to receive mail concerning his or her license, to obtain a license or to pay any license tax due or the address listed on the most recent business license renewal affidavit or business license amendment statement; and/or conspicuously posting said notice upon the premises of the business. Service of notice shall be deemed completed upon the date of personal service of said notice, or the date of mailing of said notice, or the date of actual posting of said notice on the premises of the licensee whichever occurs first. In the event said licensee fails, within a period of thirty (30) days -days, notice, to pay the business license tax due or any other amount due pursuant to this Chapter, or to request a hearing the procedure for which shall be as provided in Section 21-41, then and in that event the collector shall give a notice of revocation. The licensee shall be given at least ten (10) days -_days notice, which notice shall specify the grounds for revocation, and which notice shall be given pursuant to the hereinabove set forth procedure forgiving notice. In the event said licensee fails within the allotted ten (10) day period to request a hearing to show cause why his or her business license should not be revoked, then and in that event the collector shall revoke said person's license and give notice thereof to said person pursuant to the hereinabove set forth procedure for giving notice. In the event said licensee fails to file within ten (10) days thereafter, an appeal pursuant to Chapter 3 of this Code, then the collector's action in revoking said person's business license shall be conclusive as to all matters involved, and the transacting and carrying on by any person of any business pursuant to said license shall thereafter be deemed a misdemeanor. Section 14. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 15. Effective Date. This Ordinance shall be effective thirty days after its adoption by the City Council of the City of Santa Ana. 0*1 75F-31 ADOPTED this day of Miguel A. Pulido Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: Z . Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2019. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana F 75F-32 EXHIBIT 2 Ls 6A.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE COMMERCIAL CANNABIS GROSS RECEIPTS TAX FOR TESTING LABORATORIES FROM FIVE (5%) PERCENT TO TWO (2%) PERCENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In November 2016, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) was approved by the voters of the State of California. The AUMA legalized recreational marijuana. B. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) establishing state regulations and licensing for retail sales, manufacturing, distribution, delivery and testing of adult -use (also called recreational) marijuana. C. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. Since 2014, the City has allowed medicinal marijuana collectives/ cooperatives to operate within the City pursuant to regulations set forth in Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. D. On March 20, 2018, the City Council adopted Ordinance NS-2941 and NS-2942, allowing and regulating commercial cannabis testing laboratories. E. A general business license tax based on the gross receipts derived from commercial cannabis businesses and gross square footage would generate essential funds for protecting vital City services and facilities and place such businesses on more equal footing with existing City businesses, including medical marijuana businesses which already pay a business license tax. ResolWon No. 2019-roc Page 1 of 3 75F-33 F. The City Council is authorized to impose general and special taxes in order to fund municipal services and facilities, subject to requisite voter approval as set forth in Government Code section 53720. G. The voters of the City of Santa Ana approved Measure Y (Ordinance NS- 2962) on November 6, 2018, for the purpose of fixing the rate of taxation for commercial cannabis businesses including delivery, distribution, manufacturing, cultivation, testing and retail sales of cannabis and related products. The taxes required to be paid under this article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. H. The City of Santa Ana desires to remain at the forefront of commercial cannabis by allowing and regulating commercial cannabis business activities, routinely updating and amending its ordinances, and establishing commercial cannabis gross receipts tax rates that are competitive and provide for the needs of the Santa Ana community. I. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access to safe and tested cannabis to residents. To ensure safe and tested cannabis, the City desires to see the establishment and successful operation of testing facilities and testing laboratories in the City. J. Section 21-133 (d) of Article XIII of Chapter 21 of the Santa Ana Municipal Code establishes the initial commercial cannabis testing facility of testing laboratory gross receipts tax rate at five (5%) percent. K. Section 21-133 (c) of Article XIII of Chapter 21 of the Santa Ana Municipal Code allows the City Council by resolution to implement any lower tax rate it deems appropriate. Section 2. The City Council hereby establishes the commercial cannabis testing facility/testing laboratory gross receipts tax rate at two (2%) percent, lowering it from five (5%) percent. The reduced two (2%) percent gross receipts tax rate shall become effective July 1, 2019. H H Resolution No. 2019-roc Page 2 of 3 75F-34 ADOPTED this day of 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By;�� c v i Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE -OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019- to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 3 of 3 75F-35 75F-36 EXHIBIT 3 LS 6.4.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A CANOPY MEASUREMENT SERVICE FEE AND AN ALLOCATED SQUARE FOOTAGE MEASUREMENT SERVICE FEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In November2016, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) was approved by the voters of the State of California. The AUMA legalized recreational marijuana. B. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) establishing state regulations and licensing for retail sales, manufacturing, distribution, delivery and testing of adult -use (also called recreational) marijuana. C. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. Since 2014, the City has allowed medicinal marijuana collectives/ cooperatives to operate within the City pursuant to regulations set forth in Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. D. On March 20, 2018, the City Council adopted Ordinance NS-2941 and NS- 2942, allowing and regulating commercial cannabis testing laboratories. E. A general business license tax based on the gross receipts derived from commercial cannabis businesses and gross square footage would generate essential funds for protecting vital City services and facilities and place such businesses on more equal footing with existing City businesses, including medical marijuana businesses which already pay a business license tax. Resolution No. 2019-m Page 1 of 3 75F-37 F. The City Council is authorized to impose general and special taxes in order to fund municipal services and facilities, subject to requisite voter approval as set forth in Government Code section 53720. G. The voters of the City of Santa Ana approved Measure Y (Ordinance NS- 2962) on November 6, 2018, for the purpose of fixing the rate of taxation for commercial cannabis businesses including delivery, distribution, manufacturing, cultivation, testing and retail sales of cannabis and related products. The taxes required to be paid under such article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. H. The City of Santa Ana desires to remain at the forefront of commercial cannabis by allowing and regulating commercial cannabis business activities, routinely updating and amending its ordinances, and establishing commercial cannabis gross receipts tax rates that are competitive and provide for the needs of the Santa Ana community. I. Section 21-133, subsection 0)(8)(B) of Article XI I I of Chapter 21 of the Santa Ana Municipal Code states that the gross square footage of cultivation canopy shall be subject to independent measurement and calculation by duly authorized employees or agents of the City and that a corresponding canopy measurement fee amount be specified by resolution of the City Council. J. Section 21-133, subsection 0)(8)(D) of Article XIII of Chapter21 of the Santa Ana Municipal Code states that the gross square footage of allocated square footage amounts reported by commercial cannabis business owners/operators respectively for either distribution use or for manufacturing use, shall be subject to independent measurement and calculation by duly authorized employees or agents of the City and that a corresponding allocated square footage measurement fee amount be specified by resolution of the City Council. K. The City Council conducted a duly noticed public hearing on June 4, 2019, to consider the proposed fee modifications. Section 2. Pursuant to Santa Ana Municipal Code Section 21-133, subsection 0)(8)(B) the City Council hereby establishes a canopy measurement fee in the amount of $100.67 per hour. Said fee shall be added to the City's Miscellaneous Fee Schedule and be subject to the Consumer Price Index changes annually. The canopy measurement fee amount shall become operational upon the effective date of Section 21-133, subsection (1)(8)(B)• Section 3. Pursuant to Santa Ana Municipal Code Section 21-133, subsection (j)(8)(D) the City Council hereby establishes an allocated square footage measurement fee in the amount of $100.57 per hour. Said fee shall be added to the City's Miscellaneous Fee Schedule and be subject to the Consumer Price Index changes annually. The Resolution No. 2010-xx Page 2 of 3 75F-38 allocated square footage measurement fee amount shall become operational upon the effective date of Section 21-133, subsection 0)(8)(D). Section 4. The City Council finds that the fees adopted by this Resolution do not exceed the reasonable cost of providing the services for which the fees are charged. ADOPTED this day of 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019- to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resol don No. 2019-xx Page 3 of 3 75F-39 75F-40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2019-03 TO AMEND CERTAIN DEVELOPMENT AND DESIGN STANDARDS OF THE TRANSIT ZONING CODE (SPECIFIC DEVELOPMENT NO. 84) — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NO. 3, 2; 6, 3) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on V Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve Zoning Ordinance Amendment (ZOA) No. 2019-03 to amend certain development and design standards of the Transit Zoning Code/Specific Development (SD) No. 84. PLANNING COMMISSION ACTION At its adjourned regular meeting on May 14, 2019, the Planning Commission, by a vote of 4:1:2 (Cann dissenting; Contreras -Leo and Alderete absent), adopted a resolution recommending that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2019- 03 to amend certain development and design standards of the Transit Zoning Code/Specific Development (SD) No. 84. The Planning Commission concurred with staff and made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The Transit Zoning Code, Santa Ana Municipal Code (SAMC) Section 41-2000 et seq., was adopted by the City Council on June 7, 2010. Since then, a handful of smaller -scale mixed -use projects have been constructed or approved around the periphery of Downtown Santa Ana; and several affordable multiple -housing communities have been developed or approved in and near the Lacy Neighborhood, including, most recently, the Legacy Square project at 609 North Spurgeon Street. In 2018, the City received development proposals.for two large-scale mixed -use development projects (First American Title Co. and Red Oak/Northgate Gonzalez) and also entered into an Exclusive Negotiation Agreement (ENA) with Caribou Industries to redevelop the City -owned parking structure located at Third Street and Broadway (the "Third and Broadway" project). These three projects are the first large-scale, market -rate, mixed -use developments proposed in the 75G-1 Public Hearing Zoning Ordinance Amendment No. 2019-03 — Transit Zoning Code Amendments June 4, 2019 Page 2 Downtown Santa Ana area in the nine years following the adoption of the Transit Zoning Code. Following review of the two projects and the initial information contained within the ENA, staff identified sections of the Transit Zoning Code that are outdated and in need of amendment to facilitate construction of high quality mixed use developments that accommodate state-of-the-art building standards and reflect current market demands. The proposed amendments are described and analyzed in Table 1below. Table 1: Summary of Amendments Topics and Code Section(s) Issues and Resolutions Building Heights — Lined Block Issue: Although Flex Block and Lined Block are very similar building types, Flex Block is permitted to build 10 stories while Lined Block buildings are limited to 5 p. 3-1 TZC Section 41-2009 stories. Table 3A Zone Summary of Standards Analysis: Increasing Lined Block height to 10 stories: 3.4 Downtown (DT) . Expands taller building types in the DT District • Takes advantage of the small blocks in the p. 3-4 TZC Section 41-2011 DT District. Lined Block, like Flex Block, fits well in the DT District. Other Table DT-1 building types such as the Tower on Podium may be too large to fit on the small Building Types and Maximum downtown blocks. Height • Allows a maximum 10 stories for the Lined Block building type, which is p. 4-1 TZC Section 41-2020 consistent with the 10-story maximum height already allowed for the Flex Block Table BT-1 building type. Permitted Building Types and • Creates additional standardization of development regulations within the Stories Transit Zoning Code. Proposed Amendment: Amend Tables 3A, DT-1 and BT-1 to increase Lined Block building height from 5 stories to 10 in the downtown. Off -Street Parking: Issue: As written, the Transit Zoning Code allows one In -Lieu option, in -lieu fee In -Lieu Options and/or Park -Once payment or participation in the Park -Once Program, to be used to satisfy onsite Program parking requirements. In addition, Table 3A does not clearly indicate that there are other options besides paying a fee. p. 3-1 and 3-2 Table 3A -All Zones Analysis: Modifying the code: Off -Street Parking Standards • The Park -Once program allows people to park their car once and circulate throughout downtown on transit or by walking. Benefits include utilization of p. 3-3 TZC Section 41-2010 existing parking structures, enhanced pedestrian mobility, and business viability. Transit Village • Allowing a combination of onsite parking, -lieu fee payment, or participation in Table TV-5 Off -Street Parking the Park -Once Program provides a broader range of options to satisfy onsite Standards — Footnote [a] parking requirements. With the amendment, a development could construct a portion of required parking onsite or satisfy the requirements for parking by p. 3-4 TZC Section 41-201 1 contributing to an in -lieu fee and/or participating in a Park -Once Program. Downtown Table DT-6 Off -Street Parking • Clarifying the code language ensures that the reader understands there is Standards— Footnote [a] another option besides paying an in -lieu fee. p. TZC Section 41-2012 Proposed Amendment: Urbanan Center . Table 3A Parking Standards: Amend In -Lieu Fee To In -Lieu Option. Table UC-5 Off -Street Parking • Tables TV-5 and DT-6: Amend In -Lieu Fee and Park -Once Program to In -Lieu and or Park -Once Program. 75G-2 Public Hearing Zoning Ordinance Amendment No. 2019-03 — Transit Zoning Code Amendments June 4, 2019 Page 3 Topics and Code Section(s) Issues and Resolutions Standards— Footnote [a] Off -Street Parking Options: Issue: In -lieu options to satisfy onsite parking requirements, such as an in -lieu fee or In -Lieu Payment and/or Park- Park -Once Program, are currently only available in the Transit Village and Once Program Participation Downtown districts. The Urban Center district encompasses much of the downtown for Urban Center area but does not allow in -lieu options. The Urban Center district is similar to the p. 3-2 TZC Section 41-2009 Transit Village and Downtown districts as it encourages pedestrian oriented mixed - Table 3A use development and is within walking distance to the City's parking structures Zone Summary of Standards which could be utilized with a park once program. p. 3-5 Urban Center (UC) Analysis: Expanding In -Lieu Options to the Urban Center District: • Provides for more flexible development options in the downtown area. • Allows onsite parking requirements to be satisfied through a combination of means such as building onsite parking, paying an in -lieu fee, and/or participating in a Park Once Program. • Standardize development regulations within the Transit Zoning Code. • Additional information on Park -Once Programs can be found in Exhibit C of this report. Proposed Amendment: Amend Table 3A Parking Standards to allow In -Lieu Parking Options, Table UC-5 added footnote [a], and changed the following letters to be sequential. Off -Street Parking Options: Issue: Historic buildings in the Urban Center Districts are not exempt from having to Historic Buildings provide new parking if new tenants require more parking, while historic buildings in the Downtown District currently benefit from this exemption. p. 3-5 TZC Section 41-2012 Urban Center Amendment Resolution: Modifies the Transit Zoning Code text to allow a Table UC-5 Off -Street Parking combination of onsite parking, -lieu fee payment, or participation in the Park -Once Standards Program. Moreover, modifies the Transit Zoning Code to establish consistency in parking requirements for historic buildings in both the Downtown and Urban Center districts. • Provides a broader range of options to satisfy onsite parking requirements in the event that a development proposes to construct a portion of required parking onsite and wishes to satisfy requirements for the other portion by contributing an in -lieu fee and/or partaking in a park -once district. • Creates consistency between parking requirements for historic buildings in the downtown area by allowing new tenants to locate in historic buildings without needing to construct new parking. Proposed Amendment: Added b. provisions for historic buildings off-street parking exemption and changed the following letters to be sequential (A, C, D). 75G-3 Public Hearing Zoning Ordinance Amendment No. 2019-03 — Transit Zoning Code Amendments June 4, 2019 Page 4 Topics and Code Section(s) I Issues and Resolutions Parkins Driveway Standards p. 3-3 TZC Section 41-2010 Transit Village Table TV-4 Driveway Standards p. 3-4 TZC Section 41-201 1 Downtown Table DT-5 Driveway Standards p. 3-5 TZC Section 41-2012 Urban Center Table UC-4 Driveway Standards p. 3-6 TZC Section 41-2013 Corridor Table CDR-4 Driveway Standards p. 3-7 TZC Section 41-2014 Urban Neighborhood 2 Table UN2-4 Driveway Standards p. 3-8 TZC Section 41-2015 Urban Neighborhood 1 Table UN1-4 Driveway Standards Issue: Current driveway standards in the Transit Zoning Code may not be modified in order to accommodate Orange County Fire Authority and/or refuse collection access requirements. Analysis: In the event that driveways need to be constructed wider than the current 25 feet allowed by the Transit Zoning Code, permit approval of alternate driveway standards to satisfy Orange County Fire Authority and/or refuse collection requirements. Alternate driveway standards shall be reviewed on a case - by -case basis. • Provides for administrative relief in the event that driveways need to be constructed wider than what the current code allows. • Creates flexible options to provide access to parking structures and refuse collection areas in a single, co -located location within a development. Proposed Amendment: Amend Tables TV-4, DT-5, UC-4, CDR-4, UN2-4, and UN1-4 to include the following footnote: [a] Except as modified to meet fire and trash service requirements. Upper Story Setback Issue: In the Downtown District the Transit Zoning Code requires a 100-foot setback for portions of buildings between 7 and 10 stories, while many lots in the downtown p. 3-4 TZC Section 41-2011 area have a lot depth of only 120 feet. Blocks in the Downtown District are small Table DT-3 (Downtown District) with depths and widths on average of 250 feet by 250 feet. The 100-fact setback Building Height and Frontage from a public right-of-way severely limits development potential and building Requirements design. Footnote [I] Analysis: Modifying the development standard to eliminate the 100-foot setback requirement for portions of buildings between 7 to 10 stories. • Establishes a development standard that allows lots with only 120 feet depth to be redeveloped. • Provides additional standardization of Transit Zoning Code development standards by eliminating internal inconsistencies within the plan. Proposed Amendment: Eliminate footnote [1 ] Table DT-3. 75G-4 Public Hearing Zoning Ordinance Amendment No. 2019-03 — Transit Zoning Code Amendments June 4, 2019 Page 5 Topics and Code Section(s) Issues and Resolutions Lot Width and Depth Standards Issue: As written, the Transit Zoning Code specifies minimum lot depths of at least p. 4-1 TZC Section 41-2020 130 and 170 feet, which exceed the typical lot depths found in the downtown area Table BT-1 Permitted Building that are currently 120 feet. Types and Lot Depth Analysis: Modifies the development standard to specify a minimum 100-foot lot depth for Flex Block, Lined Block, and Stacked Dwelling building types. • Creates a more realistic development standard that addresses current lot sizes and shapes in the downtown area. • Provides additional standardization of Transit Zoning Code development standards by eliminating internal inconsistencies within the plan. Proposed Amendment: Table BT-1: Amend B. Flex Block minimum lot depth from 130 to 100 feet. Amend C. Lined Block minimum lot depth from 170 to 100 feet minimum. Amend D. Stacked Dwellings minimum lot depth from 130 to 100 feet minimum. Open Space Standards Issue: The Transit Zoning Code specifies that required open space areas for certain p. 4-7 TZC Section 41-2022 building types may only be located in the rear or side yard areas. Flex Block Building Type (f) Analysis: Modifies the development standard to allow construction of open space p. 4-9 TZC Section 41-2023 areas on any side of the building, including the front. Lined Block Building Type (f) • Allows development of open space areas along the front of buildings. • Provides greater visibility and security of open space areas when located at p. 4-1 1 TZC Section 41-2024 the front of a building. Stacked Dwellings Building Type (f) • Provides greater opportunities for public enjoyment of the open space areas when located on the front side of buildings. Proposed Amendment: Revise wording to allow open spaces to be located in any setback area. Massing Standards Issue: The Transit Zoning Code requires that portions of buildings between 3 and 5 p. 4-7 TZC Section 41-2022 stories may only be 75-80 percent of the ground floor's volume, and [portions Table BT-4 Flex Block above 6 stories may only be 30-40 percent of the ground floor's volume. p. 4-9 TZC Section 41-2023 Analysis: Modifies the development standard to allow massing of 85 percent of Table BT-5 Lined Block the ground floor's volumes for buildings containing 3 or more stories. • Creates more realistic development standards that takes into account the p. 4-11 TZC Section 41-2024 downtown area's smaller -Than -average lot depths. • Accounts for engineering and design challenges of buildings when step -backs Table BT-6 Stacked Dwellings are required on upper levels. • Establishes greater internal consistency among development standards for various building types in the Transit Zoning Code. Proposed Amendment: Table BT-4 amend massing of stories 3-5 from 80 to 85 percent and from 6-10 from 40 to 85 percent. Also, eliminate footnote 1 and renumber footnote 2 to 1. Table BT-5 amend massing 6 from 30 to 85 percent. Table BT-6 amend massing of stories 3-5 from 75 to 85 percent and 6 to from 50 to 85 percent. 75G-5 Public Hearing Zoning Ordinance Amendment No. 2019-03 - Transit Zoning Code Amendments June 4, 2019 Page 6 Topics and Code Section(s) Issues and Resolutions Lot Width and Depth Standards Issue: The Transit Zoning Code specifies minimum lot dimensions in multiple sections. Text Amendments Lot width and depth standards are primarily listed in Table BT-1, Permitted Building p. 4-5 TZC Section 41-2021 Types and Lot Depth, but are repeated in each building type's subsection on pages Tower on Podium (b) 4-5, 4-7, 4-9, 4-1 1, 4-13, 4-15, 4-17, 4-19, 4-21, 4-23, 4-25, and 4-27, creating opportunities for inconsistencies between various code sections. p. 4-7 TZC Section 41-2022 Flex Block (b) p. 4-9 TZC Section 41-2023 Lined Block (b) p. 4-1 1 TZC Section 41-2024 Stacked Dwellings (b) p. 4-13 TZC Section 41-2025 Hybrid Court (b) p. 4-15 TZC Section 41-2026 Courtyard Housing (b) p. 4-17 TZC Section 41-2027 Live/Work (b) p. 4-19 TZC Section 41-2028 Rowhouse (b) p. 4-21 TZC Section 41-2029 Tuck -Under Housing (b) p. 4-23 TZC Section 41-2030 Bungalow Court (b) p. 4-25 TZC Section 41-2031 Duplex, Triplex, and Quadplex (b) p. 4-27 TZC Section 41-2032 House (b) ENVIRONMENTAL IMPACT Analysis: Modifies pages 4-5, 4-7, 4-9, 4-11, 4-13, 4-15, 4-17, 4-19, 4-21, 4- 23, 4-25, and 4-27 to refer to the lot width and depth standards in Table BT-1, Permitted Building Types and Lot Depth. • Reduces opportunity for inconsistencies among multiple pages and code sections. Proposed Amendment: Modify pages 4-5, 4-7, 4-9, 4-11, 4-13, 4-15, 4-17, 4-19, 4-21, 4-23, 4-25, and 4-27, subsection b, to read "The minimum and maximum lot width and the minimum lot depth shall be as prescribed in Table BT-1 (Permitted Building Types)." In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per Section 15061(b) (3). Categorical Exemption ER No. 2019-35 will be filed for this project. This exemption applies to projects covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, therefore, the activity is not subject to CEQA. The activity would be consistent with Final EIR No. 2006, prepared for the Transit Zoning Code (SD No. 84) and certified by the City Council on June 7, 2010, through Resolution No. 2010-024. 75G-6 Public Hearing Zoning Ordinance Amendment No. 2019-03 — Transit Zoning Code Amendments June 4, 2019 Page 7 Table 2: Public Notification & Community Outreach Public Notification & Community Outreach -` Public Notification & Community Outreach The proposed amendments are citywide, and the project site is not located within the boundaries of one single neighborhood association. However, the Downtown and Lacy Neighborhood Association representatives were contacted to inform them of the proposed amendments. In addition, a notice was published in the Orange County Required Measures Register. At the time of this printing, no correspondence, by phone, written, or electronic, has been received from any members of the public. Furthermore, no public comments or input was received during the adjourned regular Planning Commission meeting on May 14, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on May 24, 2019. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 - Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal No. 5 - Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. O Minh Thai Executive Director Planning and Building Agency PG:Ia S:%RFCA12019\6-04-191Transit Zoning Code1ZOA NO. 2019-3 TZC Amendments_RFCA.cc Exhibits: 1. Planning Commission Staff Report and Resolution 2. City Council Ordinance 3. Park -Once Program Support Materials 75G-7 75G-8 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 13, 2019 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2019-03 TO AMEND CERTAIN DEVELOPMENT AND DESIGN STANDARDS OF THE TRANSIT ZONING CODE (SPECIFIC DEVELOPMENT NO. 84) — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NO. 3, 2; 5,3) Ali Pezeshkpour, AICP Prepared by Selena Kelaher, AICP Pedro Gomez Executive Director RECOMMENDED ACTION EXHIBIT 7 PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Vanager Adopt a resolution recommending that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2019-03 to amend certain development and design standards of the Transit Zoning Code/ Specific Development (SD) No. 84. Executive Summary The City of Santa Ana is requesting approval of an amendment to the Transit Zoning Code amending development standards related to building height and massing, open space locations, options to satisfy required onsite parking, and other minor development standards relating to lot depth and driveway width requirements. The amendments will modernize development standards to facilitate construction of high -quality, mixed -use development projects in Downtown Santa Ana. Project Background. Description, and Analysis The Transit Zoning Code, Santa Ana Municipal Code (SAMC) Section 41-2000 et seq., was adopted by the City Council on June 7, 2010. Since then, a handful of smaller -scale mixed -use projects have been constructed or approved around the periphery of Downtown Santa Ana; and several affordable multiple -housing communities have been developed or approved in and near the Lacy Neighborhood, including, most recently, the Legacy Square project at 609 North Spurgeon Street. In 2018, the City received development proposals for two large-scale mixed -use development projects (First American Title Co. and Red Oak/Northgate Gonzalez) and also entered into an Exclusive Negotiation Agreement (ENA) with Caribou Industries to redevelop the City -owned parking structure located at Third Street and Broadway (the "Third and Broadway' project). These three projects are the first large-scale, market -rate, mixed -use developments proposed in the Downtown 75G-9 Zoning Ordinance Amendment No. 2019-03 — Transit Zoning Code Amendments May 13, 2019 Page 2 Santa Ana area in the nine years following the adoption of the Transit Zoning Code. Following review of the two projects and the initial information contained within the ENA, staff identified sections of the Transit Zoning Code that are outdated and in need of amendment to facilitate construction of high quality mixed use developments that accommodate state-of-the-art building standards and reflect current market demands. The proposed amendments are described and analyzed in Table 1: Summary of Amendments, below. Heights — Lined p. 3-1 TZC Section 41-2009 Table 3A Zone Summary of Standards 3.4 Downtown (DT) p. 3-4 TZC Section 41-2011 Table DT-1 Building Types and Maximum Height p. 4-1 TZC Section 41-2020 Table BT-1 Permitted Building Types and Stories Table 1: Summary of Amendments Issue: Although Flex Block and Lined Block are very similar building types, Flex Block is permitted to build 10 stories while Lined Block buildings ore limited to 5 stories. Analysis: Increasing Lined Block height to 10 stories: • Expands taller building types in the DT District • Takes advantage of the small blocks in the DT District. Lined Block, like Flex Block, fits well in the DT District. Other building types such as the Tower on Podium may be too large to fit on the small downtown blocks. • Allows a maximum 10 stories for the Lined Block building type, which is consistent with the 10-story maximum height already allowed for the Flex Block building type. • Creates additional standardization of development regulations within the Transit Zoning Code. Proposed Amendment: Amend Tables 3A, DT-1 and BT-1 to increase Lined Block building height from 5 stories to 10 in the downtown. Off -Street Parking: Issue: As written, the Transit Zoning Code allows one In -Lieu option, in -lieu fee In -Lieu Options and/or Park -Once payment or participation in the Park -Once Program, to be used to satisfy onsite Program parking requirements. In addition, Table 3A does not clearly indicate that there are other options besides paying a fee. p. 3-1 and 3-2 Table 3A -All Zones Off -Street Parking Standards p. 3-3 TZC Section 41-2010 Transit Village Table TV-5 Off -Street Parking Standards — Footnote [a] p. 3-4 TZC Section 41 -2011 Downtown Table DT-6 Off -Street Parking Standards— Footnote [a] Analysis: Modifying the code: • The Park -Once program allows people to park their car once and circulate throughout downtown on transit or by walking. Benefits include utilization of existing parking structures, enhanced pedestrian mobility, and business viability. • Allowing a combination of onsite parking, -lieu fee payment, or participation in the Park -Once Program provides a broader range of options to satisfy onsite parking requirements. With the amendment, a development could construct a portion of required parking onsite or satisfy the requirements for parking by contributing to an in -lieu fee and/or participating in a Park -Once Program. • Clarifying the code language ensures that the reader understands there is another option besides paying an in -lieu fee. p. 3-5 TZC Section 41-2012 Proposed Amendment: Urban Center 1 • Table 3A Parking Standards: Amend In -Lieu Fee to in -Lieu Option. Table UC-5 Off -Street Parking I • Tables TV-5 and DT-6: Amend In -Lieu Fee and Park -Once Program to in -Lieu Standards— Footnote [a] and/or Park -Once Program. 75G-10 Zoning Ordinance Amendment No. 2019-03 — Transit Zoning Code Amendments May 13, 2019 Page 3 Topics and Code Section(s) Issues and Resolutions OFF -Street Parking Options: Issue: In -lieu options to satisfy onsite parking requirements, such as an in -lieu fee or In -Lieu Payment and/or Park- Park -Once Program, are available only in the Transit Village and Downtown districts. Once Program Participation The Urban Center district encompasses much of the downtown area but does not allow For Urban Center in -lieu options. The Urban Center district is similar to the Transit Village and Downtown p. 3-2 TZC Section 41-2009 districts as it encourages pedestrian oriented mixed -use development and is within Table 3A walking distance to the City's parking structures which could be utilized with a park Zone Summary of Standards once program. p. 3-5 Urban Center (UC) Analysis: Expanding In -Lieu Options to the Urban Center District: • Provides for more flexible development options in the downtown area. • Allows onsite parking requirements to be satisfied through a combination of means such as building onsite parking, paying an in -lieu fee, and/or participating In a Park Once Program. • Standardize development regulations within the Transit Zoning Code. Proposed Amendment: Amend Table 3A Parking Standards to allow In -Lieu Parking Options, Table UC-5 added footnote [a], and changed the following letters to be sequential. Off -Street Parking Options: Issue: Historic buildings in the Urban Center Districts are not exempt from having to Historic Buildings provide new parking if new tenants require more parking, while historic buildings in the Downtown District currently benefit from this exemption. p. 3-5 TZC Section 41-2012 Urban Center Amendment Resolution: Modifies the Transit Zoning Code text to allow a Table UC-5 Off -Street Parking combination of onsite parking, -lieu fee payment, or participation in the Park -Once Standards Program. Moreover, modifies the Transit Zoning Code to establish consistency in parking requirements for historic buildings in both the Downtown and Urban Center districts. • Provides a broader range of options to satisfy onsite parking requirements in the event that a development proposes to construct a portion of required parking onsite and wishes to satisfy requirements for the other portion by contributing an in -lieu fee and/or partaking in a park -once district. • Creates consistency between parking requirements for historic buildings in the downtown area by allowing new tenants to locate in historic buildings without needing to construct new parking. Proposed Amendment: Added b. provisions for historic buildings off-street parking exemption and changed the following letters to be sequential. 75G-11 Zoning Ordinance Amendment No. 2019-03 — Transit Zoning Code Amendments May 13, 2019 Page 4 rarkma Driveway standards Issue: Current driveway standards in the Transit Zoning Code may not be modified p. 3-3 TZC Section 41-2010 in order to accommodate Orange County Fire Authority and/or refuse collection Transit Village access requirements. Table TV-4 Driveway Standards Analysis: In the event that driveways need to be constructed wider than the current p. 3-4 TZC Section 41-201 1 25 feet allowed by the Transit Zoning Code, permit approval of alternate driveway Downtown standards to satisfy Orange County Fire Authority and/or refuse collection Table DT-5 Driveway Standards requirements. Alternate driveway standards shall be reviewed on a case -by -case basis. • Provides for administrative relief in the event that driveways need to be p. 3-5 TZC Section 41-2012 constructed wider than what the current code allows. Urban Center • Creates flexible options to provide access to parking structures and refuse Table UC-4 Driveway Standards collection areas in a single, co -located location within a development. p. 3-6 TZC Section 41-2013 Proposed Amendment: Corridor Amend Tables TV-4, DT-5, UC-4, CDR-4, UN2-4, and UN1-4 to include the following Table GDR-4 Driveway Standards footnote: p. 3-7 TZC Section 41-2014 [a] Except as modified to meet fire and trash service requirements. Urban Neighborhood 2 Table UN2.4 Driveway Standards p. 3-8 TZC Section 41-2015 Urban Neighborhood 1 Table UN1.4 Driveway Standards Upper Story Setback Issue: In the Downtown District the Transit Zoning Code requires a 100-foot setback for portions of buildings between 7 and 10 stories, while many lots in the downtown p. 3-4 TZC Section 41-2071 area have a lot depth of only 120 feet. Blocks in the Downtown District are small Table DT-3 (Downtown District) with depths and widths on average of 250 feet by 250 feet. The 100-foot setback Building Height and Frontage from a public right-of-way severely limits development potential and building design. Requirements Footnote [I] Analysis: Modifying the development standard to eliminate the 100-foot setback requirement for portions of buildings between 7 to 10 stories. • Establishes a development standard that allows lots with only 120 feet depth to be redeveloped. • Provides additional standardization of Transit Zoning Code development standards by eliminating internal inconsistencies within the plan. Proposed Amendment: Eliminate footnote [1] Table DT-3. 75G-12 Zoning Ordinance Amendment No. 2019-03 — Transit Zoning Code Amendments May 13, 2019 Page 5 Topics and Code Section(s) issues and Resolutions ' Lot Width and Depth Standards Issue: As written, the Transit Zoning Code specifies minimum lot depths of at least p. 4-1 TZC Section 41-2020 130 and 170 feet, which exceed the typical lot depths found in the downtown area Table BT-1 Permitted Building that are currently 120 feet. Types and Lot Depth Analysis: Modifies the development standard to specify a minimum 100-foot lot depth for Flex Block, Lined Block, and Stacked Dwelling building types. • Creates a more realistic development standard that addresses current lot sizes and shapes in the downtown area. • Provides additional standardization of Transit Zoning Code development standards by eliminating internal inconsistencies within the plan. Proposed Amendment: Table BT-1: Amend B. Flex Block minimum lot depth from 130 to 100 feet. Amend C. Lined Block minimum lot depth from 170 to 100 feet minimum. Amend D. Stacked Dwellings minimum lot depth from 130 to 100 feet minimum. Open Space Standards Issue: The Transit Zoning Code specifies that required open space areas for certain p. 4-7 TZC Section 41-2022 building types may only be located In the rear or side yard areas. Flex Block Building Type (f) Analysis: Modifies the development standard to allow construction of open space p. 4-9 TZC Section 41-2023 areas on any side of the building, including the front. Lined Block Building Type (f) • Allows development of open space areas along the front of buildings. • Provides greater visibility and security of open space areas when located at the p. 4-11 TZC Section 41-2024 front of a building. Stacked Dwellings Building Type (f) • Provides greater opportunities for public enjoyment of the open space areas when located on the front side of buildings. Proposed Amendment: Revise wording to allow open spaces to be located in any setback area. Massing Standards Issue: The Transit Zoning Code requires that portions of buildings between 3 and 5 p. 4-7 TZC Section 41-2022 stories may only be 75-80 percent of the ground floor's volume, and (portions above Table BT-4 Flex Block 6 stories may only be 30-40 percent of the ground floor's volume. p. 4-9 TZC Section 41-2023 Analysis: Modifies the development standard to allow massing of 85 percent of the Table BT-5 Lined Block ground floor's volumes for buildings containing 3 or more stories. • Creates more realistic development standards that takes into account the p. 4-1 1 TZC Section 41-2024 downtown area's smaller -than -average lot depths. • Accounts for engineering and design challenges of buildings when step -backs are Table BT-6 Stacked Dwellings required on upper levels. • Establishes greater internal consistency among development standards for various building types in the Transit Zoning Code. Proposed Amendment: Table BT-4 amend massing of stories 3-5 from 80 to 85 percent and from 6-10 from 40 to 85 percent. Also, eliminate footnote 1 and renumber footnote 2 to 1. Table BT-5 amend massing 6 from 30 to 85 percent. Table BT-6 amend massing of stories 3-5 from 75 to 85 percent and 6 to from 50 to 75G-13 Zoning Ordinance Amendment No. 2019-03 - Transit Zoning Code Amendments May 13, 2019 Page 6 Lot Width and Depth Standards Issue: The Transit Zoning Code specifies minimum lot dimensions in multiple sections. Text Amendments Lot width and depth standards are primarily listed in Table BT-1, Permitted Building p. 4-5 TZC Section 41-2021 Types and Lot Depth, but are repeated in each building type's subsection on pages Tower on Podium (b) 4-5, 4-7, 4-9, 4-1 1, 4-13, 4-15, 4-17, 4.19, 4-21, 4-23, 4-25, and 4-27, creating opportunities for inconsistencies between various code sections. p. 4.7 TZC Section 41-2022 Flex Block (b) p. 4.9 TZC Section 41-2023 Lined Block (b) p. 4.11 TZC Section 41-2024 Stacked Dwellings (b) p.4-13 TZC Section 41-2025 Hybrid Court (b) p. 4-15 TZC Section 41-2026 Courtyard Housing (b) p. 4-17 TZC Section 41-2027 Live/Work (b) p. 4-19 TZC Section 41-2028 Rowhouse (b) p. 4-21 TZC Section 41-2029 Tuck -Under Housing (b) p. 4-23 TZC Section 41-2030 Bungalow Court (b) p. 4-25 TZC Section 41-2031 Duplex, Triplex, and Quadplex (b) p. 4-27 TZC Section 41-2032 House (b) Analysis: Modifies pages 4-5, 4-7, 4-9, 4-1 1, 4-13, 4-15, 4-17, 4-19, 4-21, 4-23, 4-25, and 4-27 to refer to the lot width and depth standards in Table BT-I, Permitted Building Types and Lot Depth. • Reduces opportunity for inconsistencies among multiple pages and code sections. Proposed Amendment: Modify pages 4-5, 4-7, 4-9, 4-11, 4-13, 4-15, 4-17, 4-19, 4-21, 4-23, 4-25, and 4-27, subsection b, to read "The minimum and maximum lot width and the minimum lot depth shall be as prescribed In Table BT-1 (Permitted Building Types):' Planning Commission Work -Study Session On March 25, 2019, staff held a work-study session with the Planning Commission to review the proposed amendments and solicit feedback. The Planning Commission did not express any concerns or changes to the proposed amendments but asked questions to clarify parking requirements, floor area ratio (FAR), and encouraged staff to publicize the amendments. Because the code amendment has a broader impact, the proposed project was noticed in the Orange County Register which has a wider distribution than the Orange County Recorder which is the City's standard method of notification. In addition, the Downtown and Lacy Neighborhood Association representatives were contacted to inform them of the proposed amendments. 75G-14 Zoning Ordinance Amendment No. 2019-03 — Transit Zoning Code Amendments May 13, 2019 Page 7 Table 2: CEQA, Strategic Plan Alignment and Public Notification & Community Outreach CEQA CEQA Type Exempt per Section 15061 b 3 Reason(s) In accordance with the California Environmental Quality Act (CEQA) the Exempt or Analysis recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, therefore, the activity is not subject to CEQA. The activity would be consistent with Final EIR No. 2006, prepared for the Transit Zoning Code (SD No. 84) and certified by the City Council on June 7, 2010, through Resolution No. 2010-024. Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal No. 3 - Economic Policy(s) Development, Objective No. 2 (create new opportunities for businessflob growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal No. 5 - Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Public Notification & Community Outreach Required The proposed amendments are citywide, and the project site is not located within the Measures boundaries of one single neighborhood association. However, the Downtown and Lacy Neighborhood Association representatives were contacted to inform them of the proposed amendments. In addition, a notice was published in the Orange County Register. At the time of this printing, no correspondence, by phone, written, or electronic, has been received from any members of the public. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2019-03. .0 Ali Pezeshkp r, AICP `Se n Kelahe , CP Ak`P-e=a"roG6`m�zJ Senior Planner Associate Planner Associate Planner SAPIanning Commission1201914-22-191TZC AmendmentsVOA No. 2019-3 TZC Amendmems.pc 04222019 Exhibits: 1. Planning Commission Resolution 75G-15 This page left blank intentionally. 75G-16 EXHIBIT 1 75G-17 LS 5.13.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPT AN ORDINANCE AMENDING SECTIONS 41-2010, 41-2011, 41-2012, 41- 2013, 41-2014, 41-2015, 41-2022, 41-2023, AND 41-2024 OF THE SANTA ANA MUNICIPAL CODE IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT TO MODIFY HEIGHT, MASSING, OPEN SPACE LOCATION, DRIVEWAY STANDARDS, LOT DIMENSIONS AND AMENDING VARIOUS OPTIONS TO SATISFY REQUIRED PARKING IN THE URBAN CENTER DISTRICT Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to State and Federal laws. In a continuing effort to establish high -quality development standards and to create a user-friendly environment for residents and the business community within the City, the Planning Division is proposing revisions to various sections of Chapter 41 (Zoning) of the SAMC specifically found in the Transit Zoning Code (Specific Development No. 84). B. After a thorough analysis of the current code requirements in the City, staff identified several sections of the code for amendments necessary to ensure clear, uniform, and legally consistent regulations that are practical for the City and developers to implement through high -quality and safe building designs. The proposed amendments will enable the City to implement a regulatory framework that protects the health, safety and welfare of the City and limits undue strain on homeowners, business operators and developers. C. On May 13, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-03. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the Reso.2019-xx Page 1 75G-18 environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. The Planning Commission recommends that City Council adopt an ordinance amending Sections 41-2010, 41-2011, 41-2012, 41-2013, 41-2014, 41-2015, 41-2022, 41-2023, and 41-2024 of the Santa Ana Municipal Code in the Transit Zoning Code/Specific Development (SD) No. 84 zoning district, attached hereto as Exhibit A and incorporated by reference as though fully set forth herein. Section 4. The Chairperson shall sign this Resolution and the Planning Commission Recording Secretary shall attest and certify to the adoption thereof. PASSED, APPROVED, AND ADOPTED this 13th day of May, 2019. AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: NOT PRESENT: Commissioners: Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck, Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on 2019. Date: Recording Secretary City of Santa Ana Reso. 2019-xx Page 2 75G-19 ATTACHMENT A OF EXHIBIT 1 75G-20 LS 5.13.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-2010, 41-2011, 41-2012, 41-2013, 41-2014, 41-2015, 41-2022, 41-2023, AND 41-2024 OF THE SANTA ANA MUNICIPAL CODE IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT TO MODIFY HEIGHT, MASSING, OPEN SPACE LOCATION, DRIVEWAY STANDARDS, LOT DIMENSIONS AND AMENDING VARIOUS OPTIONS TO SATISFY REQUIRED PARKING THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to State and Federal laws. In a continuing effort to establish high -quality development standards and to create a user-friendly environment for residents and the business community within the City, the Planning Division is proposing revisions to various sections of Chapter 41 (Zoning) of the SAMC specifically found in the Transit Zoning Code (Specific Development No. 84). B. After a thorough analysis of the current code requirements in the City, staff identified several sections of the code for amendments necessary to ensure clear, uniform, and legally consistent regulations that are practical for the City and developers to implement through high -quality and safe building designs. The proposed amendments will enable the City to implement a regulatory framework that protects the health, safety and welfare of the City and limits undue strain on homeowners, business operators and developers. C. On May 13, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-3. D. The City Council, on June 4, 2019, held a duly noticed public hearing on this zoning ordinance and amendments, and has considered all testimony presented thereto. Ord. NS 2019-XXXX Page 1 75G-21 Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Sections 41-2010, 41-2011, 41-2012, 41-2013, 41-2014, 41-2015, 41-2022, 41-2023, and 41-2024 of the Santa Ana Municipal Code in the Transit Zoning Code/Specific Development (SD) No. 84 zoning district are hereby amended and attached hereto as Exhibit A and incorporated by reference as though fully set forth herein. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Ord. NS 2019-XXXX Page 2 75G-22 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana Ord. NS 2019-XXXX Page 3 75G-23 TRANSIT ZONING CODE :Urban Standards by Zones Division 3. a Building and Parking Placement Building Height and Profile, Encroachments, and Parking Summary A. Requirements 1. Purpose. This Division identifies the standards and requirements for new build. Ings, or buildings to be modified, for each zone within the Code area to ensure that proposed development Is consistent with the Cltys goals for building form character, and quality within the Code area. The zones are organized by inten. sity from the most Intense (TV) to the least intense (UN-1). Unless stated other- wise, all requirements are expressed as'minlmumsand may be exceeded leg, 2 parking spans required and 3 provided) In Compliance with all applicable provisions of thu code and Chapter 41. 2. Applicability. Each proposed Impmvemerd and bullding shall be designed In compliance with the standards of this Division for the applicable zone, except for public and institutional buildings, which because of their unique disposition and application are not required to comply with these requirements and are reviewed by a special permit and procedures 3. Requirements by zone. Each proposed building shall be designed according to the urban standards Identified per the zone In which the property Is located. S. Summary of Zones At right In Table A are the six zones (see Note below) organized in descend- ing order according W their role and intensity within the Code area and as they appear In this Chapter. •Transit Village CM • Downtown (DT) • Urban Center NQ • Corridor (CDR) • Urban Neighborhood 2 (UN-2) • Urban Neighborhood 1 (UN-1) Note: the Government Center District and Open Space Zones are Identified in this Code but regulated by the Santa Ana Municipal Code. 3:1 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 94 City of Santa Ana, California 75G-24 Table 3A: ZONE SUMMARY OF STANDARDS Reyto7161e3A Light shades) text means'not Were ted'In the zone. ' --means not applicable In the zone. [ai Mae Stories retail zmies refer to the total number of stories permitted per Zone. The massing forall buildings are subject to size aid massing standards, as chembeil in auadingType Standards for each Witting type (Section 41-2020). as indicated! In the example table belm ttatio of Each Story M %cal ground fbar ]ieYf 1 ] 1 a F 6 l a w Tao sin os so n sa ova En,Uw Fw a hdt,, Palk-0hm Program it Notes cominued on neat pa fie Urban Standards by Zone, EDnt'd ; Intent and Character of UC Zone BdldingTylaes I Max Stories ial (see Qapter 4.1 Mstandards) TdwerorrvPodtum I - Fax Block 5 Lined! Rork 5 Stacked Dwellings 5 Hybrid Court CourryadHouskg 5 live Y2M 3 F.owhouzc TYhU nic, 3 Bpngalvv, Court ' Duplexi Triplex; QuadPtex - HnnO+ FmntageTypes Albwed (see Chapler43 (orstanda, Arcade Gallery Shoptnat Y Tdnemut Y s oop Y Donryarda Fordo Y Bwangsati a I In feet Reentrant 0 sidestreet 0.10 S"deyard 0 Re."ni S ABeymeryand 3 W2Sq a Parting Par it Guest DU or Sq Ft Reudenud 2 0.14 Ii Mork 2 0.15 Non-Raddenhd Into - h4lepRr e< m gng931b] W i¢2 Intent and Character of CDR Zone Build 9Types Max Storit. (see Chapter 4.1 foratandards) Towel -on Podium Far BIM 3 tined Block SaQetl Dr:eliingz Hybrid Cpun Comband Housng Live -Work 3 Rovheuee Tuck -Under bungalow Court Duplex/Trip Irx/ Quadplex House FmntageTypes I Allowed (see Chapter42 forrumdards) Arcade GageryAY ShopfromYRmemuOY stoop BwltrrySaIhoks In feet Fentyad 5.15111 Side Street 00111 Sldeyand 0 Rearyad IS AlIgmeryard 3 [11 CrandAve-Min 35'feecnnmt ROSY. Packing . Ft Aesiden0x flue-W k q NOMladdImlleufe QohuZ tbl Notes The above, Table is a summary of requirements trymne. Refer to the following chapters of this code for the full requirements per building type The Zones are arranged on a continuum of intensity with the most Intense at left and the least Intense at right Each zone Is aimed at generating or maintaining a distinct character through the alloca- tion ofappropdate building and frontage types and the placement of those types on parceb. Intentand CheracterofUlRZone Building Types I Max Stories [a] (see Chapter4.I for Whdm1d Tanrcr-on Fccllum Fkx Block tined block Stacked DWI T.as Mylew Court 5[1] Courtyard Housing 4 the-Nbh 3 Rowhouu 3 Tuds4lnder 3 Borgzlew Court 2 DuplexRrlplex/ 3 note. Nauae 1 Bllsn fley4LLq PonbeA VMMbn GentageTypes 11 PRO (see Chaper 4.2 for stardarde) L Y YY Y BWGngSelbazis Rent trod in feet 1011] Wasteet 10 sdeyad 1 story 5 3stgry 5 a." a 4story 12 R aryad 15 Alleyreeryard 3 R] wend Ave: Min u' hoe cwrtm ROW. Pahing Per OUISq a DU orLl" n West Resdential 2 025 llveAYak 2 025 NvMeaidentul 1/!W - N4kufer 4gi9albl na no Intent and Character of UNl Zone BuIldingTypes I Max St.d.[.I (see Chapter 4.1 for mndasds) TonervpmPodlum Hex Block Lined Blod Staled Dwellings - Hy1,1ldCoun Coonymd Heueing - Dve-Work 2 Rowhouse Tucµ Under Bungalow Court 2 Dupleenriplex 2 He. 2 FrontageTypes Allowed! (see [haptek42 forsandads) Arcade GaIIiIV 5haptmnl Fpneroun stoop Y Fronnord A Penh Y IWlldvg SeWada infeet Fr m'm 20 Side steel 10 sweyad 5[f] Reared 20 Mesetearyutl 3 (1)0r varies Parking per I W/Sq Gs f Guest DUor Sq Ft Residential 2 cas We-Wpsk 3 025 NnnResidentid »50vhl T50-n20o - sfl >I2aost - nper300 d In-tku Fee 2221 no no TRANSIT ZONING CODE 32 SPECIFIC DEVELOPMENT 84 7 5 G _2 5 City of Santa Ana, California 44TRANSIT ZONING CODE Urban Standards - Zone Requirements (a) Permitted buiding types and mini- mum and maximum height. Table TV-1, entitled Building Types and Mimlmum and Maximum Height identifies the approved building types and the minimum and maximum height that is permitted for each building type within the TV Zone subject to compliance with all applicable standards. TableTV-1. Building Types and Minimum and Towern-0odium 3 25 Flex Block 3 5 Lined Black 3 5 Stacked Dwellings 3 6 Hvbrid Court notallowed notallnwed Uve-Work 3 1_ 3 Rowhousc notallowed notallowed Tuck -Under Housing 3 3 Bungalow Court notallowed notallowed Duplex/Triplex/ notallowed notallowed Parking. (1) Driveway Standards Table TV-4 Identifies the minimum and maximum width of driveways and permitted parking on driveways. (b) Building Setbacks. la --see enOoaNmenul- I I he-: II I V—Ia it I he jl I I I S isee enaiwchmenu I I = I - J I a tb I• L --,-, et tyke Table TV-2 Identifies the minimum setbacks required and, where noted, maximum setbacks permitted The setbacks shall apply to all stories ofa building. Table TV-2- Building Setback Standards (1a) Frontyard aria]@) 10' (lb) Street Side 0'[a]@] 1W (lc) Sideyard 0' Notappliable Od) Rearyard is, Notappliable [al le for lessIwherethe the edngddewaktion of h 10 feet of San In m.awidthsetback greeter than id Ory of Santa Ana. table may bererthan to efiedin lyrabovesable may 1 requiredto eeecdvey SebzckatGrua M a tOfaat uh sidewalk. @I mandmum Grand ed fica StNNmtmf Z y maximum measured from tlb rghtafwny as It Nab In 12/3142009. 2d 2e 1-way• 8 12 E 2-way. 20' 25'fffi Parking notpermitted 7notpernufted (2) Off-street parking standards a. Table TV-5 identifies the minimum offstreet parking spaces that shall be provided. All fmc. tions shall be rounded up to the next whole number. TableTV-5-Off-Street Parking Standards. Residential gal 2/urnmin 0.1S/unit 7.nly Llro-Work Mn 2/urdtNorrflesideotial 1/4o0sgft - [al May be sansfiedthmugh tnU.0 Feemdand/or Pmk-0nce Program f.,W Dhbkt if enabkshed @) Permanent Special Need Housing including semar housing..1 be parked at 1 space per unit minimum b. Vehicular access to the off-street parking is per. mltted only from an alley w side street when present Vehicular access to the off-street park. ing may be taken from primary street only when an alley or side street is not present 33 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 94 Cry of Santa Are. California © Parking Permitted (c) Frontage Requirements. RO.W.—� Property Lin PerTable - Setback Line TV-1' Frontage heightand otherre- I quirements per Sectlon 41-2033 PerTable�_____ TV-3; Ifparcel has side street homage The ground floor fronting a street or other right- of-way (not Including alleys) shall Comply with the standards for the applicable frontage type, Sections 41-2033 thorogh 41-2039 and the Table TV-3 enti- tled Permitted Frontage Types. Table TV-3- Permitted FrontageTypes (e) Encroachments. e i Allowable I ROW. Property I Encroachment Setback pertablebelow, tl 2C i� 2c 2c 2a,b 21b C L 2a,b f CURB —� Min 2'clear ofcuro c. Parking setback standardsTableTV-6 identifies (1)OutdoordWng the minimum setback standards for the off-street Such encroachments per approval of PBA parking. The setbacks shall apply to all stories of (Planning& Building Agency) and PWA Directo, a building, separate permit and agreement per SAMG Table TVfi Parking Setback Standards (2a)Front yard Mlrs4 desigo Wo n. btdepth (2b)Strandde r0'mlo. 0'm(n. Rd Side yard 0.1, vroim (2d)Rearyard W.I. 3'min (2e)Meyyard 3'min. TIN, 75G-26 (2) Encroachomms Awnings Signage, Balconies, Bay windows and Frontageftes may enamach Into the required setback subject to the standards indentified In Table TV-7, entitled Encroachments. Table TV-7 Encroachments (a) Permitted building types and minimum and maximum height Table m-1, entitled BuildingTypesand Mimimum and Maximum Height Identifies the approved building types and the minimum and maximum height that Is permitted for each building type within the DT Zone subject to compliance with all applicable standards, Including Table Df-3 entitled Building Height TableDr-1. Building Types and Minimum and Maximum Height ((I)Driveway Standards. Table DT.S Identifies the minimum and maximum width of driveways and permitted parking on driveways Table DT-5 Driveway Standards f -wax 8' 1Z.• 2way 30' 25'jaj Parking notpemnted not permitted fad Eweat as modified to meet fire and tram service (2) Offstreet parking standards a. Table DT-6 Identifies the minimum off-street parking spaces that shag be provided. Alifrac- tions shall be rounded up to the next whole num- ber. Table DT-6.Off-Street Parking Standards Reddential@) 2/unitmirs 0.1S/urlt guest ody nw:44ork z/svdtmin NanAesidentixl I 1/400gk I yes [a] Maybesa0zfied tluoughmLnr PeeeMaMlar Park-0n ProgramforOmantownDhbktifetab- lished. Ibl Pemunent5pecial Need NousN9imhding seniahousircy vsa beparkedatl span pw unit minimum The parking requirements found in Table OT-6 shall apply only to new buik irgs additional building area on existing buildings or Con- version of existing building area to a new use conversion of bmldirg area of an h'ssheialy designated bolding to a new use, where the building envelope is not increased in six- shall have no parking requirement until such time as the Ciydeter chef things percent apadly on the five existing Orty controlled Parking struc- tum; in the downtown has been reached (b) Building Setbacks. see encroachments Urban Standards -Zone. Requirements_cont'd� (c) Building Height and Frontage Require- ments. rams 0.aW Rimopmrazi— it I te� I I t I 11�9nt�a eM i-seciasu. I j i i �I''I tM1errequl,t: �amemscer lei 2----------: Bpamel aas Lde Table DT.2 Identifies the minimum setbacks required and, where noted, maximum setbacks permitted The setback shall apply to all stories ofabuilding. Table DT-2. Building Setback Standards Pal RontYmd gfal 0' (tb) St tLie gW 1W 410 sHeY t C No requirement nm 1lea,vil IT Nere,fi.. Ile) AOyyard Y' Noregwremem G1 In sauatbm where the existing ddewah it 10 feetar less In Wildcat theduaetron oftbeCity of Santa Am, a setback greater than Identified In the above table maybe required to e0ectively result In a /0 foot wide sidewa0c 2b ❑ Parkng Permitted c Vehicular access to the offstreet parking is per- mitted only from an alley or side street when present Vehicular access to the offstreet park. ing may be taken from primary street only when an alley or side street is not present d. Parking Setback Standards -Table DT-7, entitled Parking Setback Standards Identifies the minF mum wtback standards for the offstreet pa rMng. Table DT-7. Parking Setback Standards Go)Front yard m1ni0961ot Orrin depth Db)Sbeetside torus, Oman (2d Sdeyad Omin grain Rd)Routard Igmin 3'.In ne)ABeyyad 3'Mn 3'roks 75G-27 (1) Building Height Table DT-3. Building Height Table D17-3 entitled Building Height - Idemflesthe WtlMdth Max maximum building <Sof 3steries heightpermitted Sl to 125h 4nous based upon the lot Fi_2s_w17shF 6stades width and u per- mitted by Indisidual buldingType b0�1O1rt31 (2)The ground floor Table DT-a. FrontageTy fronting a street or other...... - ' way(natincluding all shall comply Arcade MnSo wilhthefromage Gallery MnSo requlremems per I Sheptront Mn75 Sesnbn4l-2039 an Fprecourt Mucsk remaio- pertheTableDTd, derofb uoe entitled Frontage I perpemlitted Requirements, types t•F -_ amorous aaw Prwnryune FraoazMreni Par � Xlbtct Pre u6leeelaW I I- y 2c - i 2c L I -P,2ah 26 1 cVaa doee (1) Outdoor dining - Such encroachments per approval of PBA and PWA Dlrector; separate permitandagreement (2) Encroachments Awnings Sigmgq Bakonl s Bay windows and Frontage Types may encroach Into the required setback subject to the standards indentifiedinTable DT-e,entitled Eno dsments. Table Dr-e Encroachments m Gwalbmrd mrwwopenyNin TRANSIT ZONING CODE 3A SPECIFIC DEVELOPMENT 94 City of Santa Area, hGromia TRANSIT ZONING CODE :Urban Standards -Zone Requirements (a) Permitted building types and minimum and maximum height Table UC-1, entitled Building Types and Mimlmum and Maximum Height Identifies the approved building types and the minimum and maximum height that Is permitted for each building type within the UC zone subject to compliance with all applicable standards. Table UC-1. Building Typesand Mlnlmumand Maximum Height (d) Parking. (1) Driveway Standards. Table UC-4 identifies the minimum and maximum width of driveways and permitted parking on driveways. Table UC-4. Driveway Standards may & :-way zo' 12 Vial al NtHg npermitted not pfat Except as madiliM to meetfire and trash serv'm renuirement_ (2) Off-street parking standards a. Table UC-5 Identifies the minimmn off-street parking spaces that shall be provided. All frac. Low shall be rounded up to the next whole number. Table UC-S.Off-street Parking Standards, 2/unitmin 10.15/unit i Vehicular access to the offatrert parking is per miffed onlyfrom an alley or side street when present VeNwfar access to the off-street park ing may be taken from primary street only when an alley or side street Is not present (b) Building Setbacks. sea emaoad mentil la ltl+ le I P. ...j tc �seeencroachments � le-M le -a rI! b L.7:_. .treat Side Table UC-2, entitled Building Setback Standards Identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall apply to all stories of a building. Table UC-2. Building Setback Standards. (lipal FrontyaN m)aI 0' hb) Street Side 0.[a) to, 00 Sideyard 0' Noregmt d) Near Yard IT Noregmt la] In situaticm where the exisWg sidewah is 10 feet or leer In widlls at the discretion of the City of Santa Aru.asetback gmaterthaniden- Bfledinthe above table may, berequired to effectively result In a 10 foot wine sidewalk 2a 2c 0 Pacing Permitted ed, Parking setback Standards, Table UCBIdenti- fies the minimum setbackstandards for the off-street parking. Table UC-6. Parking Setback Standards. pa)Bom'M Mn5096btdepth Vmin pb)PUed9de a'min V.I. p09deyaM Son rmin lld)Ilo.'m rmin S'man pe)Affwyard a'M, VaM 35 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT as City of Santa Ana, California 7 5 G _2 (c) Frontage Requirements. 4 Tanw. la ! rant helghtanenE iothareyvire- r, nWx r lemon a: 2a—�---------. The ground Boor forting a Street or other dghta6way (not including alleys) shall comply With the standards for the applicable frontage type. Sections 41-2033 thonsgh 41-2039 and the Table UC-3 entitled Permitted Frontage Types Table UC-3. Permitted Frontage Types �Shopfmnl min65 Foremurc max50; remaindeW fronMireperall.ad types Stoop __— �FrontyardRmch __max50 _ _.to (e) Encroachments tFi Aa.W. Row. 1poperryur. E d,rnem Pa+ I i Sedodura Nbk below 2c - j 2c .12ab 26 CUPS Mln2'.dee d.b (1) Outdoor dining -Such encroachments per approval of PEA and PWA Directors, separate permit and agreement (2) Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach Into the required setback subject to the standards Indentifled In Table UC-7, entitled Encroachments Table UC-7. Encroachments n 1 Fave aawred b r a poceny une. vv Urban Standards- Zone Requirements, cont' d I Urban Standards- Zone Requirements-- ------_ I (a) Permitted building types and maximum height Table CDR-1, entitled Building Types and Maximum Height Identifies the approved build- Ing types and the maximum height that Is per- mitted for each building type within the CDR zone subject to compliance with all applicable standards. Table CDR-1. Building Types and Maximum Height. (d) Parking. (1) Driveway Standards Table CDR4 identifies the minimum and maximum width of driveways and permitted parking on driveways Table CORA. Driveway Standards ♦vay a T• 2-waY 20 26'fdj Parking rwl permitted not permitted lal Except as modified to meet fire and hash service re,murnents. (2) Off-street parking standards Table CDR-S, entitled Off-street Parking Standards Identines the minimum oBstreel park- ing spaces that shag be provided. All fractions in the parking Calculations shall be founded up to the next whole number. Table CDR-5.OR-Street Parking Standards let Permanent Spatial Need Housing including senior housing, .1 be park W at 1 space per unit min. (3) Vehicular Access. Vehicular access tothe off- street parking is permitted only from an alley or side street when present Vehicular access to the off-street may be taken from pdmary street only when an al ley or side street is runt present (b) Building Setbacks. eeencroaitimenis . I la+ I I I? Icl IC ICI al see encrwd�mmtz le-+� I sna.tsu. Table CDR-2, entitled Building Setback Standards Identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall applyto all stories of a building. Table CDR-2.Building Setback Standards. (la) Frastyard S[a] lb] ls'Ib1 nb) Streetske Srat cc) le'(d IW Skleyard O NotapPOmbk (1d) RearyaN IS' Natapp5mble pal Alley yard 3' Notapplcable [a) N situations where the existisgsldewah b 10 feet or has in width. at the discretion of the City of Santa Anna setbad greater than Iden- tified in the above table may be required to effectively result N a 10 footwk4 sidewalk Ib] Setback at Wand Ave D ZD min-3m max mea- sured from KO.W as It exists in 2009. [d Setback at Grand Ave is 1S' min -25' max mea- sured fmm ROW v R existsIn 2009. Parking Permitted (4) Parking Setback Standards.Table CDR-6, enti- tled Parking Setback Standards identifies the minimum setback standards for the off-street parking. Table CDR-6. Parking Setback Standards Qall FrwnyaN 3'b50xdkuwimn QaNFrwnyaN ap%af lordepNfm aOAol DtwWN Qb)3treetdde Ymin QUNdeyud s'. Qdl Rea yard Frain Q.IAlkyyani Vrrin (c) Frontage Requirements. RPw-i�PmpeMNrc 3etbxk Qne Fromag. —�-1 ----- INI9m CDR-1 i Table CDR-3 I �• WioR aasslde natlmnage The ground floor fronting a street or other right. of -way (not Including alleys) shall mmpy with the standards for the applicable frontage type, Sections 41-2033 thorugh 41-2039 and the Table CDR-3 entitled Permitted Frontage Types. Table CDR-3-Permitted FrontageTypes min 6S 7s�­ a x gl m5 (e) Encroachments Raw Npppny We ntPN ----- bNbew. 2yc •2c ;l- 2c 2a.b to- 2a,b li swawaa—^ i� (1) Outdoor timing. Such encroachments per approval of PBA and PWA Diractoq separate permit and agreement '., (2) Encroachments. Awnings, Signage Balconies, Bay windows and FromageTypes may encroach Into the required setback subject tothe stan- dards indentified in Table COR-7, ani tied Encroachments Table CDR-7. Encroachments Itl TRANSIT ZONING ZONING CODE 3L SPECIFIC DEVELOPMENT 84 7 5 G _2 9 Cny of Santa Ana, California ,TRANSIT ZONING CODE Urban Standards •Zone Requirements (a) Permitted building types and maximum height. Table UN2-1, entitled Building Types and Maximum Height Identifies the approved building types and the maximum height that is permitted for each building type within the UN-2 zone subject to com- pliance with all applicable standards. Table UN24. Building Types and Maximum Height W See Reguatag Pan for allowable butbn (d) Parking. (1) Driveway Standards. Table UN24 identfies the minimum and maximum width of driveways and permitted parking on driveways. Table UN24. Driveway Standards ='2 2way parkiogfe w lal Excem as modified W meetfm and tmsn servi renunemeux thlproNeeetheveMcksenesewavdonmeh- sruRx atte[eeahm inoattsewinervinn anverher unR (2) Off-street parking standards Table UN2.5, entitled Off -Street Parking Standards identifies the minimum off-street parking spaces that shall be provided. All fractions In the parking calculations shall be Founded up to the next whole number. Table UN2-5.OR-Street Parking Standards. Reddenualla] 2/ummin 025/unit Livei9ork 2/strutmin 0.15/u01 NoreRaddenrial I W300sg1t - (a] Pemnamm5pecial Need Housing Including senior housing, WU be parked at 1 space W,tailt min D1 Vehicular access to the off-street parking is permit- ted only from an alley or side street when present Vehicular access to the off-street may be taken from primary threat only when an alley or side street Is not present (b) Building Setbacks. Sueet Sue Table UN2-2, entitled Budding Setback Standards Identifies, the minimum setbacks required and, where noted maximum setbacks permitted. The setbacks shall apply cs all stories of a building. Table UN2-2.Builc ing Setback Standards. Fmntyak I torts] I 25'min [a] Ind[uadomwhere Me existing sidewahls 10 feet or Nss in width, at the dl sttetbn of the City o/ Sams Arse, a setback greater than Iden- Wed in the above table may be required to effectively vision in a 10 foot wide ddemllc 0 Parking Permitted (4) Parking Setback Standards -Table UN26, entitled Parking Setback Standards identifies the minimum setback standards for the off. street parking. Table 111,126. Parking Setback Standards Oa)Frontyard 5095 lat 10'min depth Db)Street side lmmin 10min (2d Side yard 5'min S'miR l2d)Rearyard 9mia S. min (20moyyard 3'ran Torah 39 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 04 City of Santa Am, California 75G-30 (c) Frontage Requirements .W.. — 1.-ProPeryu. i:4-SetWakem ndgnthdght mdotlur ^re"n 47 Table: UN2-1: Table !........i UN2-39parcilli*j �tfma; gW The ground floor fronting a street or other rightrof-v2y (not including alleys) shall comply with the standards for the appU able frontage type, Sections 41-2033 thorugh 41-2039 and the Table UN2-3 entitled Permitted Frontage Types. Table UN2-3. Permitted Frontage Types (e) Encroachments Shopfmnt mass Forecourt max SO; remainder of/rontageper allowed types S[aop maz50 FrontyaNRorch maz100 0.QW nF Mexade Diaruxhmentper '; SetbahtNe mblelaepn I, 2c NI 2, L--- I +� 2b :1 SMewahy� ��� 1. Outdoor dining -Such encroachments per approval of PBA and PWA Dbectorx separate permit and agreement. 2. Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the Stan- dards Indentified In Table U1,12-7, entitled Encroachments ItIu aao.Meorofprepntyuve ITRANSIT ZONING CODE Urban Standards- Zone Requirements, cont'd j_-_] .(a) Permitted building types and maximum height Table UNI-1, entitled Building Types and Maximum Height Identifies the approved build- ing types and the maximum height that is per- mitted for each building type within the UNI none subject to Compliance with all applicable standards Table UN 14.Building Types and Maximum Height (d) Parking. (1) Driveway Standards. Table UNI-4 identifies the minimum and maximum width of driveways and permitted parking on driveways. Table UNI.4. Driveway Standards I..y A12' orwidlhof garage 2avry 20' 251,[al Parkingf*W permitted permitted ,ftie ed as W,.*, mmeetare •nil trash eenitt mnvimmenu. (2) Off-street parking standards Table UNI-5, entitled OR -Street Parking stan- dards Identifies the minimum off-street park ing spaces that shall be provided. All fractions In the parking calculations shall be rounded up to the next whole number. IIeUN1.5.Off-Street Parldrsa Standards Ilrea54rk )/unit an I us/una NmAnMeNiek O50aAR 1/mtitmin NoniNaWentl4!)51.13a9aR )/unit Mn - ing will be parked m 1 space per unit min. Al Vehicular access to the off-street parking Is per- mitted only from an alley or side street whe In present Vehicular access to the off-street may be taken from primary street only when an alley or side street is not present (b) Building Setback& TableUN1-Z entitled Building Setback Standards Idenfifies the minimum setbacks required. The set- backs shall apply to all stories of a building. Table 1.1,11-2.Building Setback Standards. (la) ON (Id 7AL�Yds (1d) (le) 2c j' S I :a II c I I ar{iI ® PahJrg Permhtetl (4) Parking Setback Standards -Table UNI6, enti- tled Parking Setback Standards identifies the minimum setback standards for the off-street parking - Table UNI.O. Parking Setback Standards (a)Front yard I 20%lotdepth lb)Smeet side 10'min (c)Side yard O'min fill Bearyard O'min (e)Alleyyard 3'min 75G-31 (c) Frontage Requirements 0.0.w M-•Repertyn�rc "'�� w3elbarkline I 2a to 2a i`partdhaa nde oeerrmnta9e Fmmage Mightando Rowiemenn ParsallonU The ground floor fronting a street or other right -airway (not Including alleys) shag comply with the standards for the applicable frontage type, Sections 41-2033 thorugh 41-2039 and theTable UNI-3 entitled Permitted Frontage Types. Table UNl-3-Permitted FrontageTypes Stoop i N .•maz30• Frontyard/Porch I maxlies (e) Encroachments Met � ;.—snbaaune ) Aaawabk Fnhmadwwnt • tab tab lac i 1. Outdoor dining -Not permitted. 2. Enuoachments.Awning;Signage,Balmnies, Bay windows and Frontage Types may encroach Into the required setback subject to the standards indentified in Table UNI-7, entitled Encroachments Table UNI.7. Encroachments Da) Porch max5' seeat- 2W9 ON Baywindeerbakorry m.X toeaselll Ocl I Sldeyard maer toe Hell Rearyard S. roeaw:ill Alley rearyard V We. in fl TawaAaexdroVdpropertylaic TRANSIT ZONING CODE 38 SPECIFIC DEVELOPMENT 84A & 848 City of Santa Ana. California r--- NI NG -- --- - - - ----------�� TRANSIT ZONING CODE :4.0-Architectural Standards Division 4. Architectural Standards/Building Types. Sec.41.2020. BuildingTypes,General Provisions. (a) Each proposed building shall be designed in compliance vath the standards of the applicable building type. (b) Subjectto the requirementsof the applicable zone, a proposed building shall be designed as one of the building types permitted by the applicable Zone by Table BT-1 entitled Permitted Building Types. QT.rrPodium 0nor Block Table BT-I. Permtted eWlONg TYpes Buldi,Type si i xwwy uv6- uu n Nvxv Rarx, IX wean I Wis. DI SArief Buildin,Types AlowedbyZone mn-ma. - max TV DT UC CDR UN-2 UN-1 A.Tower-on-0odlum YES YES 75-M 30tlmin ( 2Wx2S0' B Y - - - B.FlexBbfk YES YES 30-0 436jXre r TS'- 10 Y Y Y Y - GUnedBlodc YES YES AS-M l:a=,na, in-3W' am Y Y Y - D.Stadu!dDweOngs YES YES 0-50 HBlpgmin Ilt-IW 6 Y Y Y E.Hybrid Court YES YEs as -so lae-350 1s0'-SOV s yun - F.CuntyardHomIN YES YES W-30 130'-SXI IVzr0' 5 Y Y Y Y - G.Us.Wb,t No YES 11-15 IW-= 35'435' 3 Y Y Y Y Y Y H.Rowhouse YES YES 7-18 IW-200' WAIT S - Y - LTud,4lnder YES YES 12.18 35Yoln 91'-aw 5 Y Y Y Y - l.au,gabwCwurt ITS YES 10.15 130'mh 100'-IW 2 Y Y KDuplexJrdple/ Ouadplex YES ITS 10.15 I(DmIn SV-125' l Y YI61 L House NO YES 5-2 IWmIn 492P 2 Y Y ljc:7 .� O OUSE LDUPLEX,TRIPLE KBUNGALOW &OUADPM COURT �I Ell 1) Cl I 4d TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 Cry of Santa Ana, California 75G-32 Y=Permitted - =Not Permitted tgThe degree of mixed use depends on the particular zone in which the building is located. Win dwelling units per acre(dulac). Each type is sub - Jac to the maximum stories allowed in each zone and the particular building size and massing require- ments 131 Measured along the front property line of the lot 141 This building type can be used on lots that have resulted from a legal subdivision provided there is a minimum frontage of 40 feet. 151 Allov ed on specific locations only. 161 puadplex not permitted in the UNA zone. AI Line Black permitted to a maximum of IG-stoi es in O ® O 1.TUCK-UNDER LROWHOUSE H.Li HOUSING WORK J�-.-oio� ❑ o. I IT R A N S 1 T Z 0 N I N IS C 0 D E _Architectural Standards (c) All building types are subject to the following: (1) Lot width and Depth: a. The width and depth shall be determined as described below: AB buildings shall be designed to an Individual lot as required In Table BT-1. The lot is for design purposes and may be made permanent through the regular process for parcel or tract maps. Lot width and depth shall be determined as described below. 1- Front (LotWidth): Primary (Principal) Frontage 2-Side (tot Depth) 3-Rear(LotwldW 2 i 2 W 2 O Lu g. 2 �,i 431 1 i E w 1 .!.3 1 2 Jt 1.2 1 1 2 1—a•1 ' STREET ..�. - to. On comer lots fionting two streets, either street frontage may be used to compywith the lot width Montage required per building type. e Loh that have resulted from a legal subdivision but are less than 40 feet In width may be developed with standards that apply to lou 40 feet in width. (2) Access Standards: a. Where an alley is present parking and services shag be accessed through the alley. Is. there an alley is not present parking and services shag be accessed from the street through or alongside the building as Permitted in the Zone and this division. e For comer lots without alley aces, parking and services shag be accessed from the side street through or alongside the building. (3) Parking Standards: a. EnMnce Wgamge;subtermneanstmcturedgaragesorddveways shag be located as dose as possible to the side or rear of each lot b. Surface parking loft shag not encroach into any required yards. (4) Service Standards: a. Service, including all utility access, above ground equipment and trash enclosures shag be located on alleys 6 Where alleys do not exist service,including utility aces, above ground equipment and trash enclosures shall be located in compliance with the bullding location standards for the Zone and this division. c. No trash enclosure shag be located in required landscape area,within direct view of streets or in traffic or pedestrian aisles. d. Services and their appurtenances shall he screened from and shall not be bated in required setback or landscaped areas e. Each residential unit shall have access to on -site laundry facilities f. Eadl development shag provide a trash area. g. Multiple family, commercial and industrial developments with common parking areas shag provide trash enclosures per 41-623. h. Residential development providing Individual trash containers shall provide an area that measures a minimum of 35'x r, outside of required setbacks and yard, to store and place out for pick up. L Individual hash bins located in a garage shall not encroach into the required parking area (5) Open Space Standards: a. Balconies are permitted In any setback yard as provided In the encroach- ment requirements of the applicable zone to. Private patios may be provided at the side and rear yards e The area of anry patio coven, gazebos and other roofed shade structures with at least 2 sides fully opened to the outside may be counted towards the required open space. d. Condon, walkways paseos, driveway, parking courts, lobbies and other such spaces shall not be Included In the required open space cal- culations. (6) Landscape Standards. a. Ali setbadss.yards and shared common open spaces shall be land- scaped b. A landscape buffer of not less than 5 feet shag be provided to separate any parking lot from an adjacent property. c Surface parking lots shag be landscape per the Otys Commercial area landsapestandard, (7) Frontage Standards: a. Frontage shall complywl"e, applicable standards set forth in Sections 41-2033 through 2039. (B) Building Size and Massing Standards: a. Buildings shall be Constructed with a varied massing approach Each building type contains an allowed massing by story table Identifying the minimum ratio for each building story. Table ETA Identifies the infor- mation contain within each of these allowed massing by story tables Allowed Massing by Story near Gsntlnw a l • s a r a Percentage 100 Percentage number refers to the ofgr.M percentage of the ground goer by Door footprint of the build - story ing area that Is permitted for Dds particular story b. The maximum permitted ground Boor footprint shall be determined as described In Figure BT-B e Story heights 1. A story means a habitable level within a building from finishedfloor tofnished ceiling. Specific requirements fora storyin vadous con- figurations are identified In Table BT-2 Permitted Height by5tory Type: Type tocath. Mwmum(h) Madmwn IPo AR buOding type; exdudinghouse,dupks UpperFbonO 9 14 Wplex,andquadplea AR building type, exdudinghouse,dvpIo% Ground Floor 10 16 tdplecandquadpka House duple; Mille; Upper Fluor a 14 andyuadpk H.w.duple, triplex. Ground Fber 9 12 and quedptex Wrage upper Floods) a 14 Garage �� Equattoadjacent groundfloorafbugdmg, 16 or B feet if detedred 2. A basements shaU not be considered a story for the purposes of determining building height where the finished surface of the Door above the basement is less than six feet above grade plane 3. Attics shall not be Considered a story for the purposes of determining building height 4. Above ground garages occupying a level shall be considered a story for the purposes of determining building height d. Dwelling Unit Types There are three bask dwelling unit type, 1. The flat is a single story unit 2. The loft is a double -story heingt unit thatmay have a meZmnine. 3. A townhouse Is a tvm or more story unit. These dwelling units types maybe used In any combination through- out a building, as pemritted by the various buildings types (9) Accessory Dwellings: a. Second dwelling units shall comply with the requirements established In Section 41.194 of the Santa Ana Municipal Code. (10) AccessoryStructures: a. The area occupied by accessory structures shall be included In the floor area ratio Calculation. b An accessory structure shall rot encroach into any required open space or setback, except that a detached garage maybe located 3 feet from the rearand Interior side properly line. 43 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 Csty M 5anra Aw, CaOfomia 7 5 G -33 (TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Axonometric Diagram Sec. 41-2022. Flex Block Building Type (a) Flex Block is a building generally of a single massing element designed for occupancy by retail, seMce, or office uses on the ground floor, with upperfloors also configured for those uses or for residences. (b) Lot Width and Depth The minimum and maximum let width and the minimum lot depth shall bea,prescribed in TableBT-I Permitted Build ' T 1 (c) Access Standards (I)The main entrance to each ground floor unit shall be directlyfrom the street (2) Entrance to the residential potions shall be through a dedicated street4evel lobby, orthrough a dedicated podium lobby accessible from the street or through a side yard. (3) Access to each unit above the second level, not accessed through a podium shall be through an Interior mrddor of at least 6 feet In width with recessed doors or seating alcoves roffsets at at least log feet (4) Each level of the building shall have access to the garage via an elevator. (d) Parking Standards (1) Required parking shall be accommodated In an underground garage, surface parking, tuck under parking, or combination thereof (2) Dwellings shag have Indirect access to their parking stants). (a) Service Standards (1) utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mall boxes shall not be located In any required open space, landscape or setback areas or detract from the primary entrance to the development (f) Open Space Standards (1) The common open space shall be at 8ke war aside 7eNdesigned as a courtyard, or in the front as a forecourt This area shall be equal to 1S percent of the lot and shall be open to the sky. Courtyards may be located on the ground or an a podium Side yards may also be formed to provide outdoor patios connected to ground floor commercial was to serve As additional open space. (2) Minimum courtyard dimensions shall be 40 feet when the long axis of the Courtyard is ori- ented EW and 30 feet for a PIS orientation Courtyard proportions shall not be less than 1:1 between the width of the Courtyard and the height of the building for at least 2/3 of the courts pedmeter. Horizontal shifts In upper floors adjacent to a court may not exceed in the height of each upper flow. (3) In 40 foot wide courtyards, frontages and architectural projections are permitted on two opposing sides of the courtyard provided that an overall minimum width of 40 feet Is main. lalned Frontages and architectural pojectiom are permitted on one side of a 30 foot wide courtyard provided an overall minimum width of 30 feet is maintained. (4) Private open space shall be provided for each residential unit and shall be no less than SO square fret with a minimum dimension of 6 feet In each directions (5) Private open space may be substituted for additional common open space or common inte- rior space the size of which will be equivalent to the displaced private open space The mini- mum dimension of this space shall be 15 feet in each direction. (g) Landscape Standards (1) Where rear yards are present at least one (I 136dnch box canopy tree per 30 lineal feet shall be planted directly in the ground. (2) Courtyards located over garages shall be designed to avoid the sensation of forced podium hardscape. (3) Sideyard trees shall be placed to Create a particular sense of place at a rate of one (1) 244nch box free per 30 lineal feet (4) Where a front yard is present at least one (1) 24-Inch box new per 25lineal feet shall be plant- ed.The trees may be placed in groups In order to achieve a particular design. (5) One 364nch box specimen tree is required per courtyard that meets the minimum dimen- sions For courtyards that exceed the minimum c imembns, two or more 24lnch box smaller size trees may be substituted for the 36Anch box tree. (6) Six (6) 5-gallon sized shrubs, ten (10) one -gallon sin herbaceous perennials/shrubs and turf or acceptable dry Climate ground covershall be planted for every required tree. (2) Where rear yards are present at least one (1) 36-Inch box canopy tree per 30 Bneal feet shall be planted directly in the ground. (h) Frontage Standards (1) Entrance doors and social roams, such as living rooms and dining rooms located on the ground floor, are oriented fronting toward the courtyard(s) or street when fronting W one Ill Building Size and Massing Standards (1) Each unit shall have at least one side exposed to the outdoors with direct access to common or private open space. (2) Buildings may contain any of three types ofdmIlIngsflats, townhouses and lofts (3) units may be As repetitive or unique as deemed by Individual designs. (4) Buildings are allowed to be composed of one dombaM volume. (5)The Flex Blocks shall Comply widt the height ratios established in Table BF4 entitled Maximum Ratio for Each Flex Block Story. Table BT4 Maximum Ratio ofiadl Flex Block Story STORY Ground Fkwr %afgmuMfloor 144% laQ% BaBS%f23W asa% 131W iar4rryperrmbge less than lOWythepere hreferto the xsteni ddiegmund floor footprint of the Ivnk ing area that IS Iwmntedfar this Pargcuhron, Illustrative Photy. Flex Bfockwith shopfront frontage (➢ Accessory Dwellings Accessory dwellings shall not be penrumd b TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 94 City ar Santa Ana, California (k) Accessory Stmctures Accessory structures shall not be permitted. 75G-34 ------------ -- ---------- �RANSIT ZONING CODE :Architectural Standards -Building Types Illustrative Axonometric Diagram Uned Block Illustrative Photo: tined block with shopfront frontage Sec 41-2023. Lined Block Building Type (a) Uned block Is a building that conceals a public garsge or other faceless buildings, designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for such uses or mildences. (b) Lot Width and Depth. The minimum and maximum lot (c) Access Standards (1)The main entrance to each ground floor shag be directly from the street (2) Entrance to residential portions of the building shall bethmugh a dedicated street level lobby, or through a dedicated podium lobby accessible from the street or through a side yard (3) Access to each unit above the second level, not accessed through a podium, shall be through an Interior Corridor of at least 6 feet In width with recessed doors or seating akoves/af sets at least every 100 feet (4) Each level of the balding shall have access to the garage via an elevator. (d) Parking Standards (1) Required parking shall be accommodated in an underground or aboveground garage, tuck under parking, or a combination thereof. (2) Dwellings shall have Indirect access to their parking stall(s). (a) Service Standards (1) Utility meters shall be screened Iran view from the street and shall not be looted within any required landscape or setback area. (2) Mail boxes shag not be located In any required open space, landscape or setback area or detract from the primary entrance to the development (f) Open Spam Standards (1)The common open space shall beat fire -Ieat o sickyanddesignedasamunyardorinthe front as a forecourt This area shall be equal to 15 percent of the tat and shall be open to the sky. Courtyards maybe located on the ground oron a podium Sldeyardsmaybeformedto provide cutdoorpabas connected to ground floor commercial uses. (2) Minimum courtyard dimension shall be 20 feet when the long axis of the courtyard is oriented EW and 15 feet for a INS orientation. Courtyard proportions shall not be fen than 1:1 between the width of the courtyard and the height of the building for at least 2/3 of the courts pedm- eter. Norimntal shifts In upper floors adjacent to a court shall not exceed 112 the height of each upper floor. (3) In 20 foot wide courtyards, frontages and architectural pmjeclions are permitted on two opposing sides of the courtyard provided that an overall minimum width of 20 feet is main- tained. Frontages and architectural projection, are permitted an one side of a 15 foot wide courtyard provided an overall minimum width offs feet is maintained (4) Private open space shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet in each direction. (5) Private open space may be substituted for additional common open space or common Inte- rior space the sire of which will be equivalent to the d'opiaced private open space.The mini- mum dimemion of this space shall be 15 feet In each direction. (g) Landscape Standards (1) Where a front yard Is present one (1) 24'box size tree per 25lineal feet shall be provided The Dan may be placed in groups in order to achieve particular design. (2) Six (615g4on size shrubs, ten (10) one -gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground Cover shall be planted for every required tree (3) Courtyards located over garages shall be designed to avoid the sensation of forced podium hardscap r (4)Trees in the front yard shall be of small sole that do not exceed 12-15' height at maturity and suitable for buill4n concrete planters or containers with a 364nches minimum width. (5) One 364nch box specimen tree is required per courtyard that meets the minimum dieum. sions. For Courtyards that exceed the minimum dimension; two at more 244nch box smaller size trees may be substituted for the 364nch box tree. (6) Where rear yards are present at least one (1) 364nch box canopy tram per 30lineal feet shall be putted directly in the ground (7) When side yards are present at least one (1) 244nch box tree per 30lineal feet shall be plant. ed to protect privacy of neighbors. The trees may be placed in groups In order to achieve a particulardesign. (h): Frontage Standards (1) Entrance doors are oriented fronting toward the courtyards) or the street when fronting to 0) Building Six and Massing Standards (1) Each unit shall have at least one side exposed to the outdoor, with direct access to common or private open space. (2) Buildings may contain any of three types of dwellings: flats, townhouses and lolls (3) Units may be as repetitive or unique as deemed by individual designs. (4) Buildings may be composed of one dominant volume (5) A Uned Block shag comply with the height ratios established in Table BT-5, entitled Maximum Ratio for Each Uned Black Story. Table BT-5 Maximum Radio of each Used Block Story STORY Ground Floor %ofground floor by dory 10086 IM BS%Ill BBaS% DI Fo percentage less Nan !hits tMcereuntage Mers to thepertentageofdxgrouts Ilopr footprint oltl,e building area Nat IS permitted(a N"spa,t'cubrstory. (p Accessory Dweffings Accessorydwellings shall rat bepermitted (Id Accessory Structures Accessory structures shall rot be permitted. 49 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa A". California 7 5 G -3 5 [TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Photo: Stacked Dwellings Illustrative Photo. Stacked Dwellings with a stoup entry Illusln hive Photo: Stacked Dwellings with stoops Sec. 41-2024. Stacked Dwellings Building Type. (a) A Stacked Dwelling is a structure of singledloof or multFBoordwellings of similar configuration either above or below that are stacked (b) lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as prescribed In T bl ST-1 (Permitted Building Types), (c) Access Standards (1) Entrance to the residential portions of the building shall be through a street level lobby, court. yard access, or through a combination of streehpodium lobby directly accessible from the sheet (2)The main entrance to each ground floor unit shall be directly from the street Secondary access than be through an elevator and Corridor (3) Access to eadn uM above the second level, not accessed through a podium, Is through an Inte- rior comdor of at least 6 feet in width with recalled down or searing alcovel/wgsen at least every 100 feet (4) Each level of the building shall have access to the garage via an elevator. (d) Parking Standards (1) Required parking shall be accommodated In an underground garage, surface parking, tuck under parking, or a Combination thereof. (2) Dwellings shall have Indirect access to their parking stall(s). (a) Service Standards (1) Utility meten that] be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mail bout shall Out be located in any required open space, landscape or setback areas or detract from the primary enhance to the development 00 Open Space Standards (1) The common opens space shall be at 0 a rem or aide ,a,d designed as a courtyard This com- mon open space shall be equal to 15 percent of the lot and open to the sky. Courtyards may be located on the ground won a podium Side yards may be formed as common use gardens. (2) Minimum courtyard dimension Is 40 feet when the long axis of the courtyard Is oriented Ew and 30 feet for a NS orientation. Courtyard proportions shall not be less than 1:1 between the width of the Courtyard and the height of the building for at least 2/3 of the courts perimeter. Horizontal shifts, in upper flown adjacent to a court shall not exceed in the height of each upperfloor. (3)In 40 foot wide courtyards, frontages and architectural projections are permitted on two opposing sides of the courtyard provided a minimum courtyard width of40 feet Is maintained Frontages and arch itecti ml projections are permitted on one side ofa 30foot wide courtyard provided a minimum courtyard width of 30 feet is maintained (4) Private opens paceshag be provided for each res idential unl t and shall be mo less than 50 square feet with a minimum dimension offs feet In each direction. (5) Private open space may be substituted for additional common open space or common interior space, the size of whtch will be equivalent to the displaced private open space. The minimum dimension ofthn spaceshal] be 15 feet in each direction. (g) landscape Standards (1) Front yard trees shag not exceed the height of the buildings at maturity, except at the margins of the lot where they may be used to frame and separate the building from Its neighbon . The New; shall be planted at the rate of one (1) 244nch box tree per 25lineal feel of front yard The trees may be placed in groups In order to achieve a particular design. (2) In the may yant at least one (1) 364nch box canopy tree per 30 lineal feet shall be planted directly in the ground (3) Courtyards located over garages shall be designed to avoid the sematlon of forced podium hardsope. (4) One 364nch box specimen tree Is requited per courtyard that meets the minimum dimenn- siom For courtyards that exceed the minimum dimensions, two or more 244nth box smaller sbe trees may be substituted for the 364nds box free. (5) Six (6) Sgallon size shrubs ten (10) one -gallon size herbaceous perenmbIL/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (6) Side yard trees shall be placed to create a particular same of place at a rate of one 244nds box tree par 30 lineal feet (h) Frontage Standards (1) Living rooms, dining rooms and bedmoms are oriented fronting toward the courtyard(s) or sheet. Service rooms are oriented backing to conidon. (b) Sloops up to 3 feet In height may be placed above subterranean parking, provided the area (n Building Sire and Massing Standards (1) Buildings may contain zrry of 3 types of dwellings: flats. townhouses and lobs. (2) Units may be as repetitive or unique as deemed by Individual designs. (3) Buildings may be composed of one dominant volume, flanked by secondary ones. (4) Each unit shah have at least one side exposed to the outdoors with direct access to common or private open space (5) A Stacked Dwellings shag Comply with the height ratios established in Table ST6 entitled Maximum Ratio for Each Stacked Dwellings Story. Table BT6 Maximum Ratioof..h Stacked Dwellings Story STORY Ground Flow %wfgmund fborbystory 10g% 1w096 Ps@5tH11 "U% Ill forairyperttivebu l area thatI Permitted or this n ficub story. tageof the ground Noon footprint of the bm'N1ng area that B PefmittM for this p articular story. BI Accessory Dwellings Accessory dwellings shah not be pemtitted (k) Accessory Structures Accessory structures shall not be permitted 4:11 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 04 City of Santa Ana, California 75G-36 'TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Photy. Hybrid Court aces, to the second level Sec 41.2025. Hybrid Court Building Type. (a) Hybrid Court Is a building composed oftwo building types the stacked dwelling and couryard housing, arranged around a courtyard(s). This building type combines a point -access portion o1 the stacked dwelling building type (accm through a double loaded corridor) with a walkup portion of the courtyard housing building type (access directly from the street or courtyard). The building may be designed for occupancy by retail service, or office uses on the ground floor, with upper floors also configured for those uses or for residences (b) Lot Width and Depth The minimum and maxl- It width and the minimum lot deed, shall be as ereadbed in TdbleBG1(Pennined Bulleina Tvoes). (t) Access Standards (1) The main entrance to each ground floor unit shall be directly from the street (2) Entrance to the residential portions of the stacked dwelling element shag be through a dedicated street level lobby, or through a dedicated podium lobby accessible from the street or through a side yard. (3) Access to each unit above the second level In the slacked dwelling element not accessed from the podium is through an interior, double -loaded corridor of at least 6 feet In width with recessed doors or seating alcoveshiffsets at least every 100 feet For other wit; access shall be directly off a common Courtyard or through stairs serving up to 3 dwell. hills. (4) Elevator access shag be provided between the garage and each level of the stacked dwell. ings portion of the building. (d) Parking Standards (1) Required parking shall be accommodated in an underground garage surface parking, tuck under parking, or combination thereot Q) Dwellings shall have Indirect access to their parking Mattis). (a) Service Standards (1) utility meters shall be screened from view from the street and shag not be located within any required landscape or setback area. (2) Mail boxes shall not be located in any required open spec, landscape car setback areas or detract from the Primary entrance W the development (f) Open Space Standards (1)The common open space shall be designed as a central Courtyard or partial muhipl, separated or interconnected courtyards. This area shall equal TO 15 percent of the lot and shall be open to the sky. Courtyards may be located on the ground or on a podium Side yards may be formed In, common use garden; (2) Minimum courtyard dimemion Is40 feet when the long axis of the Courtyard is oriented EW and 30 feet fora NS orientation Courtyard preportons shall not be less than 1:1 between the width of the courtyard and the height of the building for at least 29 of the couWs pedmelet Horizontal shifts In upper flown adjacent to a courtshall not exceed 1/2 the height of each upper floor. (3) In 40(Got wide courtyard; frontages and architectural projections are permitted on two opposing sides of the courtyard provided that an overall minimum width of 40 feet is maintained Fmmages and architectural projections are permitted on one side ofa 30 foot wife Courtyard provided an overall minimum width of3g feet is maintained (4) Private open space Is required for each residential unit and shall be no lesstha s 50 square feet with a mlNmum dimension of 6 feet in each direction. (5) Private open space may be substituted for additional Common open space or Common Interior space, the size of which will be equivalent to the displaced private open space The minimum dimension of this space shall be 15 feet in each direction. (9) Landscape Standards (1) Where a front yard is present one (1) 244nch box Iree per 25lineal feet shag be planted The trees may be placed in groups In order to achieve a particular design (2) Courtyards located over garages shall be designed to avwld the sensation of forted podh um hardscape. (3) Side yard trees shall be placed to create a particular sense ofplace at a rate of one (1) 244nch box tyre per 30 lineal feet (4) One 364ndh box specimen tree Is required per Courtyard that meets the minimum dimen- sion; For courtyards that exceed the minimum d"unension; two or more 244nch bras smaller size trees may be substituted for the 364nch box tree. (5) Six (6) 5-gallon she shrub; ten (10) one -gallon size herbaceous perenNalshhtubs and turf or acceptable dryciimate ground cover shall be planted for every required tree. (6) In the rear yard, at least one (1) 244nch box canopy use, per every 25lineal feet planted directly In the ground (7) Front yard trees shall beof small scale that shall not exceed 12.15' height at maturity and are suitable for built -In concrete planters or containers with a 36' minimum width (h) Frontage Standards (1) Entrance doors and social rooms, such as living rooms and dining rooms are oriented fronting toward the courtyardW orshe streetwhen fronting one. Service rooms are orh ented to the degree possible backing to corridors in the Stacked Dwellings portion and to side yard; service yards and rear yards In the courtyard housing portion. (2) Stoops up to 3 feet In height may be placed above subterranean parking, provided the area adjacent is landscaped and the stoops are sated to the street and building. (B Building Size and Massing Standards (1) Each unit shall have at least one side exposed to the outdoors with direct access private or common open spar (Z) Buildings may contain any of three types ofdwellings: Rat; townhouses and bift (3) Units may be as repetitive or unique as deemed by individual designs. 4:13 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT a4 City of Santa Ana, Glifamle 75G-37 RANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Axonometdc Diagram Illustrative Photo: Courtyard with zaguan linking two court- 4:15 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ane, California Sec 41.2026. Courtyard Housing Building Type (a) Courtyard Housing is a building type consisting of residences that may be arranged In four pos- sible configurations townhouse; townhouses over flats, Oats, and Flan over flan The structures are arranged next to each other on one or more courts that are partly or wholly open to the street (b) Lot Width and Depth fire it flith un W !dH shall be OR feet and III art we! not, met idd !tell be The minimum and maximum lotwidth and the minimum lot depth shall be as pmscr'bed I T bl gT-1 1P 'ttd R 'Id' T}— s) (c) Access Standards (1)The main entry each ground furor unit shall be directly off common courtyard or from the street (2) Aceess to second story units not accessed directly from a podium shall be through Starr, serving up to 3 unity (3) Elevator access, if arty, shall be provided between the garage and courtyard/podium ody. (d) Parking Standards (1) Required parking shall be accommodated in an underground or aboveground garage, surface parking, tuck under parking or a combination thereof (2) Dwellings may have direct of indirect access to their parking stall(s), or direct access to stalb enclosed within the garage. (e) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area, (f) Open Space Standards (1)The common open space shall be designed as a central Courtyard or partial, multiple, separated or Interconnected courtyard; The Common opne space shall be at least 15 percent of the lot and must be open to the sky. (2) Courtyard proportions shall not be less than 1:1 between the width of the courtyard and height of the building for at least 2/3 of the courts perimeter. Horizontal shifts In upper Oxon adjacent to a court shall not exceed 12 the height of each upper floor. In a project with multiple court. yards, at least two of the courtyards shall conform to the patterns above. (3) In 40 foot wide courtyard; frontages and architectural projections are permitted on two oppos- ing sides of the courtyard provided that an overall minimum width of 40 feet Is maintained Frontages mid architectural projections are permitted on one side of 30 foot wide courtyard provided an overall minimum width of 30 feet is maintained (4) Courtyards Shan be connected to each other and to the public way by zaguans or paceo; (5) Private open space is required for each residential unit and shall be no less than 90 square feet with a minimum dimension of 6feet In each direction. (6) Private open space may be substituted for additional common open space or common interior space, the size of which shall be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet In each direction. (g) Landscape Standards (1) Landscape Shall not obscure front yards on adjacent lots or the shophontof ground floor Beat space. Front yard trees shag not exceed IS times the height of the porch at maturity, except at the margins othee lop where they may be no more than 15 times the height of building at maturity. Trees shag be planted at the rate of one (1) 364nch box tree per 25lineal feet of front yard Trees maybe placed in groups in order to achleve a particular design. (Zgn the rear yard at lean one (1) 24-Inch canopy tree per 25lineal feet shall be planted directly In the ground (3) One 364nch box specimen free Is required per courtyard that meets the minimum dimensions For courtyards that exceed the minimum dimensions, two or more 244nch box Smaller size trees may be Substituted for the 364nch box tree (4) In courtyards over garage; one (1) 244rxh box size bee of small scale (12.15'height at maturity) or similartall shrubs Shan be used in planters with a 16' minimum dimension (5) Sideyard trees shag be placed at a rate of one (1) 244nch box tree per 30lineal feet for pMaryof nelghbom (6) Six (6) Sgallon size shrub , ten (10) one -gallon she herbaceous perennials/shrubs and turfor acceptable dry climate ground over shall be planted for every required bee. (h) Frontage Standards (1) Entrance doors and social rooms such as living roams and dining rooms are oriented toward the courtyard(s) and the fronting street Service roans shall be oriented backing to side yards, ser. vice yards and mar yards to the degree possible. (2) Frontages and architectural projections or features such as tower; loggias and entry stain shall not encroach Into the required minimum dimension of a courtyard (3) Stoops up to 3 feet in height may be placed above subterranean parking, provided the area adja- cent Is landscaped and the stoops are scaled to the street and building. g) Building She and Massing Standards (1) Buildings shall be composed of one two and three Story masses each designed to house scale and not necessarily representing a single dwelling. (2) 34tory buildings shall be composed of single story and stacked units. In this case, the visibility, of elevator, and of eztenaCorridors at the third story shall be minimized by Incorporation Into the mass of the building (3) Buildings may contain any three types of dwellings: flat; townhouse; and lofty (4) Units mayto be as reparative or unique as deemed by Individual designs (5) 4 and Salary, masses shag be minimized Inside Courtyards and apparent on street frontages (6)The Intent of these Standards is to provide for courtyard housing projects with varying building heights. Courtyard housing shall comply with the height ratios established in Table BT-9, entitled Maximum Ratio for Each Courtyard Housing Story. Table BT-B Maxmum Radio attach Courtyard Haring Story STOPY Ground Floor ] ] 0 S %ofground noon bystw'/ 100% lOma 85%l1] Ssx 4m6 (1) Foranypeerentage less than 100x, the percentage refers to the Percentage ofthe ground flow Iaotpriwaftlx WBduag area thatizpwmltted fa [leis padahrs[ory. 01 Accessory Dwellings Accessory dwellings shag not be pemdited (k) Accessory Structures shall not be permitted. Detached garages shag be permuted. 75G-38 ,TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Photo: Lhe-work type with office and mull from. Illustrative Photo. Live -work type with shopfant frontage Sec, 41-2027. Uve/Work Building Type. (a) Llve/Work is an integrated residence and work space Boosted on the ground flow), occupied and utilized by a single household in an army of at least 3 such structures, or a structure with at least 3 units arranged side by side along the primary frontage, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. (b) L.otwldth and Depth She minimum and maximum at width and the minimum lot denth,hall be as prescribed InTableST.1 (PennittedBuf1dinasTwes). (0 Access Standards (1)The main entrance to the ground Boor work space shall be accessed directly from and face the street (2)The upstairs dwelling shall be accessed by a separate entrance, and by a stair or elevator. (3) For lots without alleys, garages and services shag be accessed by a driveway 8la 10 feet in width with Moot planters on each side when serving a private 2-or garage and 18 to 20 feet In width with 2-foot planters on each side when serving more than one private 2-cargarage. (4) Accessibility should be accommodated between a pair of units and not In the front yard to the degreepossible. (d) Parking Standards (1) At least arse required parking space shall be In a garage, attached to or detached from the dwelling. (2) Additional required parking spaces may be enclosed, covered or open. (a) Service Standards (1) Services (ncluding all utility access, aboveground equipment and trash containers) shall be looted on an alley when present or In the rear of the lot for those lots without alleyaccess. (f) Open Spam Standards (1) For all buildings, except for those with a tuck -under garage, the private open spate shag be In the rear yard of each unit The private open space shall be no less than 15%of the area of the lot or portion of the lot allocated for the uniLThe private open space shag be ate regular geometry and open to the sky. The minimum dimension of each mar yard shag be 15 feet. (2) For buildings with tuck -under garage, one primary common open space of a regular geom- etry shall be provided This common open space shall be equal to 15 percent ofthe lot and shall be open to the sky. The minimum dimension for the common open space shall be 30 feet in each direction. Additionally, private open Spam shall be provided for each unit The private open space shall be equal to 50 square feet per unit Private open space may be sub- stituted for additional common open space or common Interior spare, the size of which will be equivalent to the displaced private open space. The minimum dimension of the substi- tuted common open space shall be 15 feet In each direction. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots or the shopfrant of ground Boor flex space. Front yards trees shag not exceed 15 times the height of the porch at maturity, except at the margins of the lot where they maybe no more than 15 times the height of building at maturity. Trees shag be planted at the rate of one (1I 364ndh box tree per 25lineal feet of front yard Trees may be placed in groups In order to achieve a particular design. (2) In each unit's rear yard, at least one (1) 244nch canopy tree shall be provided for shade and privacy. (3) Side yards trees shag be placed a rate of one (1) 2"ch box tree per 30lineal feet to protect the privacy of neighbors. (4) Six (6) 55a[Ion size shrubs ten (10) one -gallon size herbaceous perennlals/shmbe and turf acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Each 8ve/wark unit shall be designed so that social areas (e.g. living room, family room, din- Ing room, etch, rather than sleeping and service rooms, are oriented toward the fronting street or W the courtyard B) Building Size and Massing Standards (1) Buildings shall be composed of 2 or 3-story volumes in compliance with the standards for the appgoble zone. (2) Buildings on miner loft shall be designed with two front facades (3)The minimum unit frontage shall be 21 feet (4) A Iivehoork shag comply with the height rations established in Table BT-g, entitled Maximum Ratio for Each Dve/Work Story. Table BT-9 Maximum Ratio attach LNe/work Stay AB Zones E,mm UNA & UN-2 Zones Story GrouMNoor 2 3 561sfground floor by story 10091 1" 1 lollsi UN-18,14-22ones 10096 8ME11 1 SM Ill For any percentage less than I(HAkthe percentage refers to the percenage ofthegroad Baw footprint of the balding area that b Pe maned to r this paniwbr srory. 01 AccessoryDwellings Accessory dwellings shall not bepermitted (l) Accessary Structures Accessory structures shag be permitted. 4:17 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Am California 75G-39 TRANSIT ZONING CODE : Architectural Standards -Building Types Diagram .... .. ... ... . ... k71kGFJii Photo: 11"house Building withdirectskewzlk access Sec 41.2028. Rowhouse Building Type (a) Rowhouse Is an Individual structure on a parcel with a private rear yard and Individual garage accessed from an Riley, occupied by one primary residence In an array of at least 3 such structures ora stmctureof 3 multiple townhouse unit types ananged side by sidealong theprimary frontage. (b) Lot Width and Depth. The mini mum and maximum lot width and the minimum lot depth shall be as prescribed in TableBT-1 (Perm ded Bur Id'o Tvoes) (c) Access Standards (1) The main entrance to each unit shall be accessed directly from and face the street (2) Garages and services shall be accessed from an alley. (3) Accessibility, should be accommodated between a pair of units and not In the fmnt yard to the degree possible. (d) Parking Standards (1) Required residential unit parking shall he In a garage, which may be attached to or detached from the dwelling. - (2) Additional required parking spaces may be enclosed, covered or open. (e) Service Standards (1) Services, including all utility access, aboveground equipment and trash containers shag be located on an alley when present or on the rear of the lot for Nose without alley access. (f) Open Space Standards (1) Private open space shall be located in the rear yard of each unit The private open space shall be no less than 15%of the area of the lot or portion of the lot allocated for the unit The pri. vate open space shall be Ole regular geometry and open to the sky. The minimum dimeralon for the prinne open space shag be 1S feet in each direction. (g) Landscape Standards (1) Landscape shag not obscure front yards on adjacent lots Front yards trees shag not exceed 15 times the height of the porch at maturity, except at the margins of the lot where they may be no more than 15 timer the height of building at maturity. The trees shall be planted at the rate of one (II 364nch box tree per 25 lineal feet of front yard. The trees may be placed in groups in order to achieve a particular design. (2) At least one (1) 244nch Canopy tree shall be provided in each private open space for shade and privacy. (3) Side yards bees shag be placed a rate of arse (1) 244nch box wee per 30lineal feet for privacy ofneighbors (4) Six (6) 5gaflon start shnabx ten (10) one -gallon size herbaceous perennials/shrubs and tudor acceptable drydimate ground cover shall be planted forevery required tree (h) Frontage Standards (1) Each rowhouse ground level shall be designed so that social areas such as the living roam family loom, dining room, rather than sleeping and service rooms, are oriented toward the fronting street or to the courtyard to the degree possible. (g Building Sim and Massing Standards (1) Buildings shag be composed of 2 or3-story volumes in compliance with the standards for the applicable zone. (2) Buildings on corner loss shall be designed with two front facades (3) Each Mahouts bulking shall have direct access to yards (4) In a 34tory building, a townhouse dwelling may be stacked over a ground Boor Bat In this case, the flat shall be accessed by Its earn front door at the frontage, and the townhouse dwelling shall be accessed by a separate front door and a slab. (5) The minimum unit frontage shag be 21 feet (6) A rowhouse shall comply with the height ratios established in Table BT-10, entitled Maximum Ratio for Each Rowhouse Story. TibleaT-10 Maximum patio cf ead Rawlwuse Story ABZones Except UN-1 A UN.2 Zmes Story Ground Floor 1 2 3 100n loon loon %ofgund Zones UN-1 by story m by nw floor IOmS sa%IU so% ground For arrypercenrint less building area Is Permreferstothe percentage ofthe ground poor footprint of the building area that N Permitted for this particular story. B) Accessory Dwellings Accessory dwellings are not permitted, except In Compliance with SAMC section 41-194. Second Dwelling Units (k) Accessary Stnutees Accessory structures are permitted 4:19 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT E4 City of Santa Ana, California 7 5 G _4O {{�T R A N S I T ZONING CODE : Architectural Standards— Building Types 6lustrutive Photo:Tuck-under with stoop fmmage glusbative Photo: Alley providing service and garage access 11 1 r' iiT r) Awl, r Mustsative Photo: AdJtecture of two Ndividual tuAunder bull& Ings combined at On, alley access that separates the two buildings Sec 41-2029.Tuck-Under Housing Building Type. (a) Tuck -under housign is an individual structure on a parcel with no private rearyard and where its garage Is tucked underthe rear of the house and accessed by an alley.The structure Is occupied by one primary residence arranged with at least 4 Such structures or at least multiple townhouse units types ananged side by side along the printery frontage. (b) Lol Width and Depth The minimum and maximum lot width and the mInlmurn lot depth hall be as boarcri InTableBT-1 (PermittedBuildinciTyOts), (c) Access Standards (1) The main entrance to each unit adjacent to a street shall be directly from and face the street The main entrance to all other units shall be from a courtyard. (2) Garages and services shag be accessed from an alley. (3) A back entry from the alley, and beside each garage shall be required for each unit These envies are to be set back Into the lot at a minimum distance of 5 feet so as not to be Bush with the affey-facing garage doors. (4) Buildings at a street comer may span across the alley provided emergency access Is main- tained and all required clearances are maintained (5) Accessiblgty should be accommodated between a pair of units and not in the front yard to the degree possible. (d) Parking Standards (1) Required residential unit parking shag be In a garage that Is attached to the dwelling (2) All garages shag be accessed from a parking court separate but adjacent to the alley rlghtof- way. (3)The garage for the dwellings at the end of the structure shag not be accessed directly from the alley. They should be access from parking court (4) Additional required parking spaces may be enclosed covered, or open. (a) ServiceStandards (a) Services, including all utility access, aboveground equipment and bash containers shall be located on an alley when present or on the rear of the lot for those without alley access. (f) Open Space Standards (1) One primary common open space of regular geometry Is required This area shag be equal to 15 percent of the lot and shag be open to the sky. The common open space may be located on the ground or on a podium The minimum dimension for this area shall be 30 feet in each direction. (2) Private open space shag be provided for each residential unit The private open space shall be no less than 90 square feet with a minimum dimemion of 6 feet in each direction and shall be open to the sky. (3) Private pages are permitted In front yards, subject to encroachments permitted per zone, in building Interiors, and on upper floors (4) Single loaded courtyards adjacent to alleys or interior lot lines shall be at lent 20 feet in width. The length of such courtyard shall equal to the length of the building frontage. (5) Up to 50 percent of the private open space may be substituted for additional common open space or common Interior space, the sire ofwNch will be equivalent to the displaced private open space.The minmum dimension of this space shall be IS feet in each direction. (g) Landscape Standards (1) Landscape shag not obscure front yard on adjacent lots Trees shall be planted at the ate of one (1) 364nch box tree per 25lineal feet of front yard. The bees can be placed in groups in order to achieve a particular design. (2) Where rear yard setbacks are present, at least one (1) 244nch canopy tree per unit shall be provided for shade and privacy. (3) Side Voted bees shall be placed at a rate of one (1) 244nch box free per 30lineal feet for privacy ofneighboss. (4) Six (6) 5-gallon shrubs, ten (10) one -gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (U Each dweWng s ground level shall be designed so that social areas such as the living room family room dining room rather than sleeping and service rooms, are oriented toward the fronting street to the degree possible. (i) Building Size and Massing Standards (1) Buildings shall be composed of 2 or 3-story Volumes in compgance with the standards for the applicable zone (2) Buildings on comer lots shall be designed with two front facades. (3) Each building shag maintain setbacks from property lines and in compliance with the Stan. dads for the applicable zone, providing as much direct access to yards as possible. (4)The minimum unit frontage shall be 21 feet (5) A tuck -under shall comply with the height ratios established in Table BT-11. entitled Maximum Table Br-11 Madmum Ratio of each Tuckwdet Smry Story I Ground Fioor 2 3 %ofgrcurd Iborbystary I 1W% M SON. III For arty percentageless than m0%, the percentage refert to the percentage of theground f our footprint d the bu3dug area that u permitted for thh pardcub r story. (j) Accessory Dwellings Accessorydwellings shall not be permitted (k) Accessory Structures Accessory structures shag not be permitted 421 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 Chy of Santa Ana, California 75G-41 T R A N SIT ZONING CODE : Architectural Standards - Building Types b Amnometric ❑ienram 423 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California SeC41.2030. Bungalow Court Building Type (a) Bungalow court is a configumtlon of single units arranged around a common, shared courtyard that Is wholly open to the street The individual buildings are arranged next to each other to form the bungalow court building type. (b) Lot Width and Depth The minimum and maximum lot Buildings Tvnest (d Access Standards (1) Entrance to units shall be directly from the front yard or from the courtyard (2) Where an alley is not present parking and services shall be accessed by a driveway 8 to 10 feet wide, with 2-foot planters on each side when serving a private 2-car garage, and 18 to 20 feet In width with 2-foot planters on each side when serving more than one private 2-car garage. (3) On a corner lot without access to an alley, parking and services shall be accessed from the side street (d) Parking Standards (1) Required residential unit parking shall be within individual garages, which shall Contain up to four cars (2) Garages on camer lots without alleys shall front onto the side street and shall have 1-cargarage doors and driveways no more than 8 feet wide that are separated by planters at least 2 feet wide. (3) Garages shall not front the primary street (4) Additional required parking spaces may be enclosed, covered, or open. (s) Service Standards (1) Services Including all utility access aboveground equipment and hash containers shall be located on an alley when present (2) Where an alley is not present utility access above ground equipment and trash containers shall be located in a side or rear yard, at least 10 feet behind the front of the house, and be screened from view from the sheet with a hedge or solid from (f) Open Space Standards (1)The common open space shall be designated as a central Courtyard. This area shall be at least 15 percent of the lot of a regular geometryand shall be open to the sky. (2) Minimum courtyard dimensions are 40 feetwhen the long axis ofthe courtyard Is oriented East/West and 30 fe stwhen the courtyard Is oriented NorMouth (3) In 40 foot wide courtyards heritages and architectural projections are permitted on two opposing sides of the courtyard provided that an overall minimum width of 40 feet is main- tained Frontages and architectural projections are permitted on one side ofa 30 loot wide courtyard provided an overall minimum width of 30 feet is maintained (4) Each dwelling shall have a private open space of at least 150 square feet which may be kscat- ed in a side yard, rear yard, or adjacent but separate from the courtyard. (5)The private open space shall be at least 10 feet in each direction and enclosed by a fence, wall orhedge. (6) Up to 50 percent of the private open space may be substituted for additional common open space or common Interior space, the she of which will be equivalent to the displaced private open space. The minimum dimenslon of this space shall be 15 feet in each direction. (7) Each unit shall be separated hom the adjacent dwelling by at least 10 feet (8) porches and stoops may encroach Into the required yard setbacks as permitted by the urban standards for the zone. (9) Private patios are permitted in any yard. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots Front yards trees shall not exceed 15 times the height of the porch at maturity, except at the margins of the lot where they may be no more than 15 times the height of building at maturity. The trees shall beplanted at the rate of one (1) 361nch box bee per 25lineal feet of front yard The trees may be placed In groups In order to achieve a particular design, (2) At least one (1) 244nch canopy tree shall be provided in each unit mar yard for shade and pri- vacy. (3) Side yards over shall be placed a rate of one (1) 244nch box tree per 30 lineal feet to pmtect the privacy of nelghbom (4) Six (6) 5-gallon size throbs ten (10) one -gallon size herbaceous permolaWshmbs and turf or acceptable dry climate ground cover shall be planted for every required tree, (5) One 364nch box specimen tree is required per courtyard that meets the minimum dimensions Above and to the left Illustrative Photos: Individual Muses hearing a court with the entry porch and/or Shop encroads- Ing Into the common space. 75G-42 r 1TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Photo: Quadplex with stoop frontage Sec 41-2031. Duplex, Triplex, and Quadplex Building Type (a) Duplex triplex and quedplex are multiple dwelling types that are architecturally presented as large single-family houses In their typical neighborhood setting. Such buildings may be used for residential, once, resat or in combination as permitted by the applicable zone. (b) Lot Width and Depth fieminimumandmaximum on width and the minimum lot denth shall beas prescribedinTableET-1 (Permitted guildinoTyces), (c) Access Standards (1)The main entrance to each ground floor unit shall be accessed directly from and face the street Access to second floor units shall be by a stair, which may be open or enclosed, but shall not face the street (2) Where an alley is not present parking and services shag be accessed by a driveway 8 to 10 feet wide with 2-foot planters on each side when serving a private 2-car garage and 18 to 20 feet In width with 2-foot planters on each side when serving more than one private 2-car garage. (3) On a comer lot without access to an alley, parking and services shall be accessed from the side street (d) Parking Standards (U Required residential parking shall be within individual garages, which shall contain up to four cars. (2) Garages on comer lots without alleys may front onto the side street only Ifprovided with 1<ar garage doors, and driveways up to 8 feet wide that are separated by planters at least 2 feet wide (3) Attract facing garage mayaccommodam no morethan 2 on and shall have 1-cargarage doors and driveways no more than 8 feet wide that are separated by planters at least 2 feet wide. (4) Additional required parking spaces may be endosed, covered or open. (e) Service Standards (1) Where an alley Is not present services Including. utility access, above ground equipment and trash containers shag be located at least 10 feet behind the front of the houseand be screened from view from the street with a hedge or solkf fence (U Open Space Standards (1) One primary common open space of regular geometry is required This area shag be equal to 15 percent of the lot shall be open to the sky and maybe located on the ground or on a podium. The minimum dimension for the common open space shall be 15 feet In each direction. (2) Private open Space is required for each ground floor residential unit The private open Spam shall be na less than 150 square feet with a minimum dimemlon of 10 feet in each duecuom enclosed by a fence, wag or hedge and open to the sky. (3) Porches and stoops may encroach Into a required yard, as specified in the Urban Standards for the zone (9) Landscape Standards (1) Landscape shag not obscurefrentyards on ad)acentlots. Front yards trees shag not exceed IS times the height of the porch at maturity, except at the margins of the lot where they may be no more than 15 times the height of building at maturity. The trees shall be planted at the rate of one (1) 36lnch box tree per 25lineal feet of frontyard. The trees may be placed in groups In order to achieve a particular design (2) In the mar yard, at least one (1) 244nch canopy tree shall be provided for shade and privacy. (3) Side yards trees shall be placed a rate of one (1) 244nch box tree per 30 lineal feet to protect the privacyof neighbors (4) Six (6) S-gallon size shrubs, ten (10) one -gallon size herbaceous perennials/shrubs and turf or acceptable dry Climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Each dwelling's ground level abutting front yards shag be designed so that social areas such as the Irving room, family room, dining room rather than bedrooms and service room; are od- ented toward the fronting street to the degree possible. (2) On corner lots, entrances to triplex and quadplex dwellings shall be located can both street frontages 0) Building Size and Massing Standards (1) Building elevations abutting side yards shall be designed to provide at least one horizontal plane break ofat least 3 feet and one vertical break of at least 2 feet (2) Buildings on Comer lots shall be designed with two front facades (3) Buildings shall be massed as large houses composed principally of 2-story volumes, each designed to house sole (4) Dwellings within buildings may be flats or townhouses (5) Duplex, Triplex and Quadplex shall complywith the height Nuns established in Table BT-13 adpkxStory. Tebk Bf-13 Madmum Pad o of each D.pkxTdpl. and QYadpka5tory Gmurd Floor 1 2 %ofground Iborbystrey 1 100% 75%111 4Ob [1] Forary pert¢ntage less[han 1009t the percentage Merstothe percentage ofNe grouts tbor(ootprNt olrhe building area thatbpermittetl forNh panicukrsmry. g) Accessory Dwellings Accessory dwellings shag not be permitted 4:25 TRAN5IT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 75G-43 TRANSIT ZONING CODE Architectural Standards -Building Types Illustrative Photo: Single dwelling with frontyard frontage Illustrative Photo: Single dwellings with frontyard frontage Sec.41-2032. House Building Type. (a) House is a structure occupied by one primary residence that also accommodates commercial and office uses as permitted allowed. Such buildings may be used for residentiat office, retail or in combination as permitted by the applicable some. (b) Lot Width and Depth The minimum and maximum lot width and the minimum lot depth shall he as wrescribed In Tableefd (Permitted Bu Idica Tvnesl (c) Access Standards (1) The main entrance to the house shall be accessed directly from and face the street (2) Where an alley is not present parking and services shag be accessed by of a driveway to 10 feet wide, and with 2-foot planters on each side (3) On a comer lot without access to an alley, parking and services shall be accessed from the side street (d) Parking Standards (1) Required residential parking shall be within a garage. (2) Street facing garage may accommodate no more than 2 can side by side or 3 can in a tandem configuration. (3) An ageyaccessed garage may accommodate up to three Cars side by side. (4) Additional parking may be provided in the driveway. (5) A street -facing garage shall have 1-car garage dawn and driveways no more than 8 feet wide that are seperated by planters at least 2 feet wide. (e) Service Standards (1) Where an alley h not present services Including utigtyaccess, above ground equipment and trash containers shall be located at least 10 feet behind the front of the house and be screened fmmview from the street with a hedge or solid fence. (f) Open Space Standards (1) Private open space shag be located In the rear or side yard and shall be no less than 15 per - sent of the area of the lot of a regular geometry and open to the sky. The minimum dimen- sion for this area shag be 15 feet in each direction. (2) At least one side yard shag be designed to provide an open area no less than 10 feet by 10 feet (3) Porches and stoops may encroach Into a required yard, as specified by the zone requirement section. (g) landscape Standards (1) Landscape shag not obscure front yards on adjacent lots. Front yards trees shall not exceed 15 times the height of the porch at maturity, except at the margins of the lot where they may be no more than 15 times the height of building at maturity. Trees shall be planted at the rate of one (1) 364nch box tree per 25 lineal feet of from yard. Trees may be placed In groups In order to achieve a particular design. (2) In the rear yard, at least one (1) 244nch canopy tree shall be provided for shade and privacy. (3) Side yard trees shag be planted in required yards a rate of one (1) 244nch box tree per25 lin- eal feet to protect the privacy of neighbors. (4) Six (6) 5-gallon shrub; ten (10) one -gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree (h) Fromage5tandards (1) A housek ground level shall be designed so that social areas such as the living room family room dining room rather than sleeping and service rooms, are oriented toward the fronting street 0) Building Size and Massing Standards (1) Building elevations abutting side yards shall be designed to provide at least one horizontal plane break of at least three feet and one vertical break of at least two feet (2) Houses on comer lots shall be designed with two front facades. (3) Buildings shall be composed of one and/ or two storyvolumet each designed to house scale. (4) A house shall comply with the height ratios established In Table BTA4, entitled Maximum Ratio for Each House Story. Table U-14 Maximum Ra600feach House Story Ground Floor 2 %ofground Boorbystory 10016 Mill 111 for any Pertenngefth Handing a that tagereferstothe P ticulage ofthe ground fbarfootpdntof the building area that is pemtlned forlhts particular story. (j) AccessoryDwelings Accessory dwellings are peringed subject to the requirements of 5ee 41.194 -second dwelling unlit. (k) Accessory Sbuccures. Accessory structures are permitted 437 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 75G-44 EXHIBIT 2 Ls 6.4.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-2010, 41-2011, 41-2012, 41-2013, 41-2014, 41-2015, 41-2022, 41-2023, AND 41-2024 OF THE SANTA ANA MUNICIPAL CODE IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT TO MODIFY HEIGHT, MASSING, OPEN SPACE LOCATION, DRIVEWAY STANDARDS, LOT DIMENSIONS AND AMENDING VARIOUS OPTIONS TO SATISFY REQUIRED PARKING IN THE URBAN CENTER DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to State and Federal laws. In a continuing effort to establish high -quality development standards and to create a user-friendly environment for residents and the business community within the City, the Planning Division is proposing revisions to various sections of Chapter 41 (Zoning) of the SAMC specifically found in the Transit Zoning Code (Specific Development No. 84). B. After a thorough analysis of the current code requirements in the City, staff identified several sections of the code for amendments necessary to ensure clear, uniform, and legally consistent regulations that are practical for the City and developers to implement through high -quality and safe building designs. The proposed amendments will enable the City to implement a regulatory framework that protects the health, safety and welfare of the City and limits undue strain on homeowners, business operators and developers. C. At its adjourned regular meeting on May 14, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-3. D. The City Council, on June 4, 2019, held a duly noticed public hearing on this zoning ordinance and amendments, and has considered all testimony presented thereto. Ord. NS 2019-XXXX Page 1 75G-45 Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Sections 41-2010, 41-2011, 41-2012, 41-2013, 41-2014, 41-2015, 41-2022, 41-2023, and 41-2024 of the Santa Ana Municipal Code in the Transit Zoning Code/Specific Development (SD) No. 84 zoning district are hereby amended and attached hereto as Exhibit A and incorporated by reference as though fully set forth herein. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Ord. NS 2019-XXXX Page 2 75G-46 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana Ord. NS 2019-XXXX Page 3 75G-47 NSIT ZONING CODE :Urban Standards by Zones Division 3. Building and Parking Placement, Building Height and Profile, Encroachments, and Parking Summary A. Requirements 1. Purpose. This DNWon identifies the standards and requirements for new bund- Ings, or buildings to be modified, for each Zone within the Code area to ensure that proposed development Is consistent with the City's goals for building form. character, and quality within the Code area. The zones are organized by inten. sity from the most Intense (TV) to the least Intense (UN -I). Unless stated other- wise, all requirements are expressed as 'minimums' and may be exceeded (e.g, 2 parking spaces required and 3 provided) In compliance with an applicable provisions of this code and Chapter 41. 2. Applicability. Each proposed Improvement and building shall be designed In compliance with the standards of this Division for the applicable zone, accept for public and Institutional buildings, which because of their unique disposition and application are not required to comply with these requirements and are reviewed by special permit and procedures. 3. Requirements by me. Each proposed building shall be designed according to the urban standards Identified per the me In which the property is located B. Summary of Zones At right, In Table 3A. are the six zones (see Note below) organized In demand. ing order according to their role and Intensity within the Code area and as they appear in this Chapter. •Transit Village (M • Downtown (DT) • Urban Center (UC) • Conidor (CDR) • Urban Neighborhood 2 (UN-2) • Urban Neighborhood 1 (UN-1) Note. the Govemment Center District and Open Space Zones are identified in this Code but regulated by the Santa Ana Municipal Code. 3:1 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 75G-48 Table 3A: ZONE SUMMARY OF STANDARDS KeytoTable3A Light shaded text means 'not permitted' in the cone. '-'.a ... not a pPlicable H the core. Ial Max Stories for an mn,s aferm she total number of stories permitted perZone. The massing for buildings are subject to size and massing standardsas describedin Bolding Type Standards for each building type (Sottlon41-2020). as indicated In the example table below. Ratio of &6 Ssary M % of grout floor smay s c a s s e z B w Ica zoo Note, ,.mired on next page Pmgmala Intent and Character of VC Zone BuilduyTypes I Max Stones[+] Isee Chapter 4.1 for standards) Tdw,— Podium Fee, Block 5 Uredelock 5 Stacked onxiinp s Hybrid Coon Catuourd Roundup S UvrW«k 3 TudWsMer 3 Bungafo'n Coun Deplex;niplex/ ouatlplev Houss Frontage Types I Altovred bee Chapter 42 for sladardsl Arcade Gallery shopfront Federout MY Stoup FronMdd& Porch Bwldeg setback, infeet Frontyard 0 Side Street 0.10 sideyaN 0 Rouprd Ts Atleyrenryard 3 Parking per W/S9 a War Sq Ft Ft GorA aesldentld 2 015 Live -Work 2 o.1S NonReskmful 1/3W - InikwFee m m Ca22Welbl Yet yp2 Intent and Character of CO R Zone Bugtling Types MaxStorieslal 11. Chapter 4.1 fontandards) Tova on PWium Flex Block 3 Lined Block SS«ked o'ek d" Hybrid Conn Coun)erd Housing UscWork 3 Roe.h.une Tuci-UMe, Bu,9—Court Duplex Rriplex/ Ouadplex House FrontageTypes Allowed Isee Chapter 42 fa r sbndartls) Arcade Gem Y Shophont Y Forecourt v Stoop Warr 5e11w1s in feet Psontrus 5-15111 sidestreet DI01D Sdeyad 0 Raaryanl 15 Alleydieryard 3 INGradAve-Mn25'frdmanent FLOW. Pakdng per DU DU/sq or So Ft Ft Orrt i 2 025 2 021 ual InDo - no no Notes: The above sable Is a summary ofthe requirements bywre. Refer to the following chapters of this code for thefull requirements per building type. The Zones are arranged on a continuum of intensity vain the most Intense at left and the lean intense at right. Each zone is aimed at generating or maintaining a distinct character through the alloca- tion of appropriate building and frontage types and the placement ofthose types On parcels _Urban Standards by Zone Intent and Character of (IN2 Zone WWingTypes M.Studes lal Isee Chapter4.1 forstandards) Tae mPodlu FIN B61-k Lined 01«k Stacked Dweli'rngs Hyoid Court 5111 Courtyard Housiny 4 Lhe'A«k 3 Ri whmise 3 Tuck-Uder 3 BwgalowCourt 2 Duplex/Triplex/ Dnadplex 3 House 2 pllraaawuWNgIW brOwedbmeb FromageTynes I Avowed (sea Chapter4.2 far standards) Pocad: Gallery Shopfrent Y Forecourt Y Stoop Y FmntyvA&Pwdr Y Buiden, SNbecks in feet Frontyard 10[11 Side Street to Sdeyard lstary 5 x deny5 35cry a 4Rory IQ Pear Yard IS AOcydearyard 3 [I l Grand Ave: Min 25' from current FLOW. Parking OU orSq per Ft FIlq t Get aesdenbal 2 025 useAwrk x oss NonAesldential 1/300 - N4kuiee gpP96fe] rw no Intent and Characterof UNl Zone Building Types Max Stones la] (see Chapter4.1 farslandards) To,er-c, odium Flux Block Lined Black Stacked Dwellings Hybrid Conn CwdyaN Housiny Uvc-Yhrk 2 Rowhoova Tuck Unde, Bungalow Court 1 2 Duplexrtdplex 2 House 2 Frontage Types I Allowed free Chapter42forstodards) Arcade Gallery Shopiront BoremW Stoop i Y Fmntyard&Porch Y Bulldirg5etbacks Infect Frontyard 20 side SVeet 10 Sldeyard 511I reentrant 20 Alleyrearyard 3 It]orvanes Parking per WFsq Fr DUor Sq Ft I Craw Residential 2 02s I.I.Wmk 2 025 NOMVesidentlto >750ifl oII0 - sf1 - per 1 µv300 J V4.ied Fee ro Option bl TRANSIT ZONING CODE 32 SPECIFIC DEVELOPMENT 64 7 5 w _49 City of Santa Ana, Cafifomie (TRANSIT ZONING CODE Urban Standards- Zone Requirements I (a) Permitted building types and mini- mum and maximum height. Table N-1, entitled Building Types and Minimum and Maximum Height identifies the approved building types and the minimum and maximum height that is permitted for each building type within the TV zone subject to compliance with all applicable standards. (d) Parking. (1) Driveway Standards. TableN-4 Identifies the minimum and maximum width of driveways and permitted parking on driveways. 1-way• B . 12 , 2-way 20' 251ja) Parking not permitted notpermitted (2) Off-street parking standards a. Table N-S identifies the minimum off-street parking spaces that shall be provided. All frac- tions shall be rounded up to the next whole number. Table N.S.Off-Stseet Parking Standards. Residential (D] 2/unit min 0.13/unit guest only ty tvW 21//4uon0it Non-Resdenfiai smqihn - [a] May be satisfied through m Luu Fee end and/or PaskU0me"mm forty Dishiah if estabrished III]Permanent Special Need Housing including senior houshos will be parked at 1 space par unit minimum. h. Vehicular access to the off-street parking is per. mitred onlyhom an alley or side street when present Vehicular access to the off-street park. ing may be taken from primary street only when an alley or side street is not present (b) Building Setbacks. 1b Table N-2 Identifies the minimum setbacks required and where noted, maximum setbacks permitted. The setbacks shall apply to all stories of a building. Table N-2-Building Setback Standards. Da) Frontyard O'(al fibs 10, (lb) Street5lde Via]IN I (1c) Sideyard 0' Not applicable 0d) Rearyard is, Notapplirable sal In situation where the existing ddeware is 10 feet or less In width at the diweCon of e Cry of5anta Ana, asetback greater than Idea - filed In the above table may be required W effectively, result in a 10 fact wide sldewalk Its Setbeckat Grand Ave.is 15' minhnum -25' minimum measured tram the rightsf-way as R exists In IL31/2W9. 2d 2e Parking Permitted 0 a c. Parking setback standards. Table TV-6 Identifies the minimum setback standards for the off-street parking. The setbacks shall apply to all stories of a building. TableN-d- Parking Setback Standards. ❑a)Front yard MIn.40%deslgo O'min. lotdepm (2b)StrWside Hyraln, O'mle. Rd Sideyard 0-min. Damn 12,011earyard 10'min 3'mio. (20AR"wrd 3'mbn 3'min. 33 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City Of Santa Ana, Cati(omia 75G-50 (c) Frontage Requirements. T I Ro,wW PerTable Frontage heightand other re- quirements per Section 41-2033 PerTable - street The ground floor fronting a street or other right- of-way (not including alleys) shall comply with the standards for the applicable frontage type, Sections 41-2033 thortgh 41-2039 and the TableN-3 enti- Led Permitted Frontage Types. Table TV-3- Permitted Frontage Types (e) Encroachments. r- 2c y1 242ab 2c I 26 (1) OutdoardiNng Such encroachments per approval of PBA (Planning & Building Agency) and PWA Directors, separate permit and agreement per SAMG (2) Encroachments Awnings Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards indentified In TableN-7, entitled Encroachments. TableN-7 Encroachments W) except awnings and gal- min A' max I8, lery a" arcade frontage dear types pb) exeept awnings and gal- min 12' maii lacy and arcade homage dear types Od awnngs and gallery alb min within 2' arcade homageryacs Unclear fourb �5beyab WA 0' Rearyard to eare S' fll I Urban Standards -Zone Requirements, cont'd (a) Permitted building types and minimum and maximum height Table DT-I, entitled BuildingTypes and Mimimum and Maximum Height Identifies the approved building types and the minimum and maximum height that Is permitted for each building type within the Ur zone subject to compliance with all applicable nendards, Including Table Of-3 entitled Building Height Table Dr-1. Building Types and Minimum and Maximum Height ((t)Oriveway Standards. Table Or-S identifies the minimum and maximum width of driveways and permitted parking on driveways Table Dr.5 Driveway Standards lwry a' . 12 ]waY 1 W I Zsu Pad" notpemdnzd I netpurnmed fal Exredas modified re mretfim and M1aA seMae ISOW6IIICOfi (2) OH -street parking standards a. Table DT6 Identifies the minimum oRstreet parking spaces that shall be provided All frac. tions shag be sounded up to the next whole num- her. Table DT6.OR-Street Parking Standards. Residential Val 2/mnimin 0.15/unit guard only ttveiyadt 2/udteeI N0.4ieeidentkl 1/400sgR yes lal MaybesatlsOsdtlwughlnlleu Feeandandler Park-0nce Program for Downtown DINVIM if eskb- kshed. N Permanent Spedal Need Housing including serdor housing will be parked at 1 space per unit mkimum b. The parking requirements found in Table DT6 shad apply only to new buildings, additional building area on existing buildings or con- version of existing bugding area to a new use. Conversion of building area of an historically designated building to a new use, where the building envelope H Net Increased In size shag have no padding requirement until such time as the City detemdrresthat 95 percent Capacity on the floe existing City comroged parking stw- tures In the downtown has been reached. (b) Building Setbacks. seeenooaclun au Table DT-2 identifies the minimum setbacks required and, where noted, maximum setbacks permitted The setbacks shall apply to all stories of a building. Table OT-2. Building Setback Standards 0a) Fontyard Olal o Db) Street Slde obi to (10 SNeawd o Nongubement (Id) uoynd 15 Norequyement Ile) "Yaul a' Nongwrtmtnt lad M sltuatiom whereto exidav ddewah b 10 feet or less In width ar to di Ammon of the Ory of Santa Ana, a setback greater tun humu led In the above table may berequ toegeNvey result In a 10 Wwick sk ewaY 2b Parking Permitted e Vehicular access to the off street parking is per- mitted only from an alley or side street when present. Vehicular access tothe oHstreetpark- ing may be taken from primary street onywhen an alley orslde street is not present d Parking Setback Standards -Table DT-7, entitled Parking Setback Standards identifies the mini mumsetbackstandarcisfortheoff-sbeeg aWng. Table DT-7. Parking Setback Standards (2uFront yard min40%bt depth Omk (2b)Streetside 10mk Omk Od SIdeyard Oman Omin t2dl Rearyatd 10'mk 3'mk De)Alleyyud 3'mkn 3'min 75G-51 (c) Building Height and Frontage Require- ments. t : fSeY 41kw fronNpe heghtaM : anermwre-: menbpN Settian4l : gy_�_...____; - aP.celw>rae stremfronNge (1) Building Height Table DT-3. Building Height Table DT-1 entitled Building Height Identifies the lotwRdtA Mu maximumbulldmg 450ft 1 3narles helghtpenTIN12d I 5IIo12Sft I /stores based upon the lot 125 to 1]Sh astorles width-.---. mitred g Type victual buBdin9Type ElNebfFwthadt hen .0 R, �d OlThe ground floor Table DT-C Frontage Types Running a street orotherdghtof- my (not including alleyushallcomply Arcade MI.So Gallery Mim50 with the frontage requiremenssper hophont Min]5 Section 41-2039 and pertheTablem-4. entitled Frontage Film r Max.50remaln- deroffrenkge perpermitted Requirements. types POgrtable now. Psapwry We. Emwdm,ensce+ SNbxADne twkeetr.+ j! _ y 2c �f 2c g2ab- 2b CARS — j �_Mmrewdnub. (00utdoor dining - Such encroachments per approval of PBA and PWA Directors, separate Permit and agreement (2) Encroachments Awnings,Slgnage, Balconies, Bay windows and Frontage Types may encroach Into the required setback subject to the standards isdentified inTable DT6, entitled Encroachments. Table DT6 Encroachments m Fawam dml'dpopwtyGw TRANSIT ZONING CODE 3A SPECIFIC DEVELOPMENT 84 City of Santa Ana, California ,TRANSIT ZONING CODE :Urban Standards -Zone Requirements (a) Permitted building types and minimum and maximum height Table UC-1, entitled Building Types and Mimimum and Maximum Height Identities the approved building types and the minimum and maximum height that Is permitted for each building type within the UC zone subject to compliance with all applicable standards. Table UC-1. BWliing Types and Minimum and Maximum Height Tore.,, -Podium notallowed notallowed Flex Blod, 2 5 Uned Black 2 5 Sucked Dwellings 2 5 Hybrid Court notallowed notallowed CourtyardHousin, 2 5 LIw-Work 2 3 Rowhouse mole allowed oamllawed Tuck-Underfloudng 2 3 Bungaloai Court (Duplex/Triplex/ I Ovzdplax notallowed not allowcJ not aiowad notallosed (d) Parking. (1) Driveway Standards. Table UC-4Identifes the minimum and maximum width of driveways and permitted parking on driveways Table UC-4. Driveway Standards -waY 8' 'T Tway 70' T5'ja] Parking not permitted not permitted Izl Ew,ot a, readified to menfire and moh,,nice readramenn. (2) Off-street parking standards a. Table UC-S identifies the minimum off-street parking spaces that shall be provided. All frac- tions shall be rounded up to the next whole number. Table UC.S.Off-Street Parking Standards, Residenti.l* 21oeitmin 0.15/unit Gaut. 10 pabt Live -Work 2/unitmin 0.15/unit Wo Residentlal I 1/340sgh Yei Mkited thmueM1rFee and/or P+rk- OnaPrmommlorUrbaf,nterDistwn restart k Led bNbl Permanentsoeill Nerded MI indud'ne ,hie bouzing. will be wrked at 1 snare Lnlnimum. b. The oarkirm requirements found in Table oar nix UG4 L Vehicular access to the off-street parking is Per mined only from an alley or side street when present. Vehicutaraccess to the off-street park ing may be taken from primary street only when an alley or side street is not present 35 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana• California (b) Building Setbacks. e croadvnents, ! I e ,a a nId y I I � �ie•v��?}I tc I O g L-----+--II .encroachments �le-� le-� I—} Street side Table UC-Z entitled Building Setback Standards Identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall apply to all stores of a building. Table UC-2. Building Setback Standards. pa) Frontyard IF [a] 0' 0b) Street Side 011a1 IV fie SWeyard 0' Noregmt (idl Pearyard IS' Noreomt lal In situatlow when the edstng sidewalk is 10 feet or less In width at tie diareuon cif the City of Santa Ane. 4 setback greater than (den. tired In the above table may be requlred to effectively result in a 10 fast wide sidewalk F 2d I 2e' I 23 I I € 12C I B I II C SveetSNe 0 Parking Permitted ed, Parking setback standards. Table UC-6ldenti- Besthe minimum setback standards for the off-street parking. Table UC-6. Parking Setback Standards. na)karnyad Vb)Ssemride nd5ideys,d 7,7,. nd)xearyardS. DeIMNYa,d 75G-52 (c) Frontage Requirements anw. la Pnlperty We Semxk W,e I Fmnlage d eftmern,rrequilo- niensw 0$,, SeaaonU 2a ----------- i irxerr sureetfmnsage , The ground floor fronting a greeter other dght-of-way (not including alleys) shall comply With the standards for the applicable frontage type. Sections 41-20331homgh 41-2039 and the Table UC-3 entitled Permitted Frontage Types. Table UC-3. Permltted Frontage Types Shopfront min HS Fo..d max5o;'.inderof' Ironuisepera0owed types Smgp _ M.SD j Fonryard/Porch max100 (e) Encroachments Nkxaae I eoW - Propmy tine Danwa .pn i Setm,ktine —� 2e - i 2c I I I -^ tab 26 I h2&.dae,b (1) Outdoor dining- Such encroachments per approval of PEA and PVIA Directors, separate permit and agreement (2) Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards Indentifled In Table UC-7, entitled Encroachments Table UC-7. Encroachments (la) eueptawnin, min&cku maa IW 12b) exceptawkdngs min IT over max24' Ucl awnings min I%dwr within 2' of curb Sideyud N/A IT Reiryard toeace D] 5' Alley yard toeavell) 3' UI G2albxedmyolppppnrax (a) Permitted building types and maximum height Table CDR -I, entitled Building Types and Maximum Height identifies the approved build- Ing types and the maximum height that Is per- mitted for each building type within the CDR Zone subject to compliance with all applicable standards. Table CDR-1.Building Types and Maximum Height (d) Parking. (1) Driveway Standards. Table CDRA Identifies the minimum and maximum width of driveways and permitted parking on driveways Table CDR-4. Driveway Standards hsvav a' Totp�ftd 2waY 2V Parxing notpermitted (2) 0114i eet Parking standards Table CDR-5, entitled OH -Street Parking Standards Identifies the minimum off-street park- ing spaces that short be provided. All fractions in the parking calculations shall be Founded up to the next whole number. Table CDR-5.ON-Street Parking Standards ReildeMRllal I R/,mRrdn oz,unft Ilvekbrk 2/ Ymin 015/urat NOMiesidemul I/msgR [a] Permanent Special Need Housing InclI senior housing, will be parked at 1 space perunit min. (3) VehlcuWr Assess Vehicular access to the off- street parking is permitted only from an alley or side street when present Vehicular access to the off-street may be taken from primary street only when an alley c, side sheet is not present Urban Standards -Zane Requirements, cont'd Standards -Zane Requirements (b) Building Setbacks. ` Table CDR-Z entitled Building Setback Standards Identifies the minimum setbacks required and, where noted maximum setbacks permitted. The setbacks shall apply to all stories of a building. Table CDR-2. Building Setback Standards (la) Frontyad S'lal lbl 15'@1 fill Streetside S'[a]It] 161c) (ld Sideyard m Notappacable (Id) Rearyard IS' Notapplicabk (le) Aileyyard 3• Notap usable [a)Insituadora him the austing sidewalk Is 10 feet or less in wklN, at the daoetbn of the Oy of Santa Ana, a setbacks greater Bun Iderf Cried in me above table may be required to effecdxey result in a to feet wtde ddewak to] Setbackat Grand Ave.b20'min-30'maxmea- sured from ROW as it existsln 2009. W Setbackat Grand Axe.b ITmin-2S'maxrm& sured tram ROW as it exists In 2009. 2d�.I } r2a1 ', I J 2e�i-i J2c — s I _. T Street © Parking Permitted (4) Parking Setback Standards -Table CDR-fi, enti- tled Parking Setback Standards Identifies the minimum setback standards for the o%atreet parking. Table CDR.& Parking Setback Standards a,nFmmvam 2m6 dktdeplNfrSe ab)SCW.de 7Uro)Footy.d 5..ia US Co. yard a'mm (241N.'al s'min ae)A nal a'mat (c) Frontage Requirements. aow yt�-Dopem7une OFSelbad,Ww Finaage -- _---- M9ht '�'lll ar amw L Ft:_______ - 4 ' _TabLr; 1 — _ — CDR-1 I : Table panel Hss, imalmnta9e The ground floor fronting a street or other right- of-way (Trot including alleys) shall comply with the standards for the applicable frontage type, Sections 41-2033 thomgh 41-2039 and the Table CDR-3 entitled Permitted Frontage Types. Table CDR-3-Permitted Frontage Types WOery min 65 forecourt Iwx 50; verairdas Wfmntagepas al.dtypes SMpfmnt MndS (a) Encroachments Aow �aP4wertyuaa I w-SetbMlse h -1 is f 2c Za,b ~ •:4- tab sldewaA—a� I�.-- (1) Outdoor dining Such encroachments pef approval of PBA and PWA Directors separate permitandagmement R) EnaoachmixiM Awnings, Signage, Bakonie . Baywindows and FromageTypes mayeacroach into the required setback subject to the Stan - Cards indenlifiedinTable CDR-7, entitled Encroachments. Table CDR-7. Encroachments In Erropn,naredb a•awapem'kie. 75G-53 TRANSIT ZONING CODE It SPECIFIC DEVELOPMENT 64 Oly of Santa Ana, California TRANSIT ZONING CODE Urban Standards- Zone Requirements (a) Permitted building types and maxlmum height. Table 11N2-1, entitled Building Types and Maximum Height identifies the approved building types and the maximum height that is permitted far each building type Within the UN-2 zone subject to com- pliance with all applicable standards. Table UN2.1. Building Types and Maximum Height Wl ses Regulrhy Plan far allowable loaxim (d) Parking. (1) Driveway Standards Table UN24Identifies the minimum and maximum width of driveways and permitted parking on driveways Table UN2.4. Driveway Standards I.y orwid%of garage 2-way 20' 25.141 Pmkinglel@l permitted permitted 'tat Inl id nee ns motl fiM t. meet Rm and rmsh se,wce reouirements Il Provided thewhicles on sud driveway do not ob• rtmct access to oarklne spaces s ervino another unit (2) Off-street parking standards Table UN2-5, entitled Off -Street Parking Standards Identifies the minimum off-street parking spaces that shall be provided All fractions in the parking calculations shall be rounded up to the next whole number. Table UN2-S.Off-Street Parking Standards ReIdennallal 2/unit min ORs/unit Live-Wah 2/unit min_ 0.15/unit NonResidenlial 1/300 sgR [a] Permanent Special Need Housing Including senior housing will be parked at 1 space per unit mI, (3) Vehicular access to the oft -meet parking Is permit. ted only from an alley or side street when present Vehicular access to the off-street may be taken from primary street only when an alley or side street Is not present (b) Building Setbacks. (c) Frontage Requirements. I Raw -.r I«P."Lha Ii ;�-SetWstUrc ( ' Night Mohr andother i 1UN2 1. Table r I ......... i. UN2-3 Ir{1 I l.. ( :. ifpartellusile ��� sweet M1ani.ge Suety rde I Table 01,12-2, entitled Building Setback Standards Identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall apply to all stories ofa building. Table UN2-2.Building Setback Standards 14 Fmntind le'tal a2rmin Ian MAve2009 mw1 it sVeetside la'lal Notapprwsble IG SMeyad T.Inmar, 6'-3stwy;l]'-0fs[ades IdI Rxu xd Is' Notapplarble le) A@yyad r N4lappkable [a] Insituatiomwherethee fisting ddewaiib 10 feet or lessN rn. a setback eNedunat rdw,,,v city of Santa Mvetatibadgreaterttr,cit, • efedh theabove talemay i rcxkewato effectiveNresuR Ina IO foot wide ddewalc 2e� lI +. I 2a I I I 1 L C +('I 2F IL snretsde © Parking Permitted (4) Parldng Setback5tandards-Table UN26, entitled Parking Setback Standards Identifies the minimum setback standards for the off. street parking. Table UN26. Parking Setback Standards (2a)Frontyad 504b lot Ivor'. depth QNSIniet9de lvmin lvmin (2c)Sideyad 5'min 5'mm Dd)Re.,wvd Sarin Vmin De)AVeyyad Ynnin 3'min 3.7 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of sent. Ana, California 7 5 G _ 54 The ground Boor fronting a street or other rightvf-way(not including alleys) shall comply with the Standards for the applicable frontage type, Sections 41-2033 though 41-2039 and the Table UN2-3 entitled Permitted Frontage Types Table UN2-3. Permitted Frontage Types Tln6S mainderoffromage per a allowed types max So ..too (e) Encroachments Aaomble (tni edyurx nentper SetlixkLine �Uiview. I ! 21 -ajl� 2c S� �I II Zb sMewaN_^ r� 1. Outdoor dining -Such encroachments Per approval of PSA and PWA Directors, separate Permit and agreement 2. Encroachments.Awning"igmge,Balconies Bay windows and Frontage Types may encroach Into the required setback subject to the st in- dards indentified In Table UN2-7, entitled Encroachments. Il l F.ve aDwM N!' d pm1eM line. F- -- 7 L— _TRANSIT ZONING CODE Urban Standards -Zone Requirements, confd I (a) Permitted building types and maximum height Table UNI-1, entitled Building Types and Maximum Height Identifies the approved build- ing types and the maximum height that is per. mitted for each building type within the UNI zone subject to Compliance with all applicable standards Table UNI-I.Brindmg Types and Maximum Height (d)Parking. (1) Driveway Standards Table UN14 Identifies the minimum and maximum width of driveways and permitted parking on ddveways Table UNIA, Driveway Standards 1i ay IF 12' • orwidth of garage 2-w4 2W 2sigt ParkingfoiM permined pertnitted (2) Off-street parking standards Table UNI-5. entitled Off -Street Parking stan- dards identifies the minimum off-street park ing spaces that shall be provided. All fractions In the packing calculations shall be rounded up to the next whole number. Standards NOnaesWvNtt101.1500agfll 2a �/$W N) Permanent Spedal Need Housing including ssnu r hous- ImyadO be parked at 1 space per unit min (3) Vehicular access to the off-street parking is per- mitted only from an a0ey or side &beet when present. Vehicular across to the offsbeet may be taken from primary street Only when an alley or side sheet H not present (b) Building Setbacks. V='case en<maaTments�I I° to ) TabletINI-2, entitled Building Setback Standards Identifies the minimum setbacks required. The set- backs shall apply to all stories of a building. Table UNI -2. Building Setback Standards. fla) Frontyard 20' nb) Sueetslde 10' (ld SWeyad 5' 0d) Rearyard 29 Ile) Alleyyard 3' 0 Parking P..ftled (4) Parking Setback Standards-TableUNIfi,entl- fled Parking Setback Standards identifies the minimum setback standards for the off-sbeet parking. Table UN14i. Parking Setback Standards (a)From yard I 20%1atdep@ @)Streetside IWmm (c)Sideyard IF min (d)Rear yard Wmin fe)Alleyyard 3'min 75G-55 (c) Frontage Requirements w 1f Prope.ry LMe �� :tSelMhlme is irparcelhudde nreetfmntage I Fmnuge MipataMolMr requirenimu per semen a] The ground Floor fronting a street or other dghtrof-way (not including alleri) shag comply with the standards for the applicable frontage typo Sections 41-2033 thorugh 41-2039 and the Table UNI-3 entitled Permitted Frontage Types Table UN 1.3-Permitted Frontage Types Stoop .50 Fwntyad ch .100 (e) Encroachments Amaabk DmoarMent tab 1. Dutdoordming-Not permitted. 2. Encmachment&Awnings Slgnage,Balconles Bay windows and Frontage Types mayencroach into the required setback subject to the standards identified in Table UNI-2, entitled Encroachments Table UNI-2. Enuoschment& (2s) Pont, mars see41- 2039 ON Brywodomlaakony max2' teeaw EN f2c) SWeyad max2' toewenl Rearyard s toeave(U AOeyrearyad 3' loeavetll nlfmapouedm3'Mpopntylaz TRANSIT ZONING CODE 39 SPECIFIC DEVELOPMENT 84A & 848 City of Sara Ana, California TRANSIT ZONING CODE `4.0-Architectural Standards Division 4. Architectural Standards/Building Types. Sec 41-2020. Building Types, General Provisions. (a) Each proposed building shall be designed in compliance with the standards of the applicable building type. (b) Subject tD the requirements of the applicablezone, a proposed building shall be designed as one of the building types permitted by the applicable Zone by Table BTA entitled Permitted BWlding Types QTawer,.4Podium 0Fkx Block Table BT-I. PermttedBWdingTypes Building Type MULL 1—?r Naxb ui. NI ."ry Nn,. In L,*D PN W WNN lal SNP, BuildigTypes Mowed bYZarm mn-na mu TV Dr UC CDR OF 2 UN-1 Grower<n-Podium ITS YES 75-M 20omkl 201.250' ss Y - 6.Flex810@ YES YES 50-40 faalglimin TV. 10 Y Y Y Y - CUnedBlock YES YES 45-50 1aai9gmr 12T-W 5m Y Y Y - D.StackedDweButgs ITS YES 40,50 4ae]plt" 129-M 6 Y Y Y - E.HybddCourt YES YES 45-50 16R35? 150-2W 5 YHI - F.CAurtyudHoUsing ITS YES W-30 130'4SSR W-200 5 Y Y Y Y - G.UvvW.k NO YES 12.19 IW.200 7S'-125 3 Y Y Y Y Y Y H.Rowhouse ITS YET 7-18 IDBBOe 7S'450 3 Y - L`Fwk4lnder YES YES 12-18 35',Wn 94'-25U' 3 Y Y Y Y - J.BulgabwCaul YES YES WAS ISOnan 1004" 2 Y Y IC DuplexlTnplea/ Ouadplex YES YES 10-15 IWWn Se-125' 3 Y Ylal I-Houss NO YES 5-7 IWINn 41T61Y 2 Y Y I® Rowh9um Y=Permitted - =Not Permitted [11 The degree of mixed use depends on the particular .one in which the building is located. Win dwelling units per acm(dWac). Each type is sub- ject to the maximum stories allowed in each zone and the particular building Sim and massing require. ments [3) Measured along the front property line of the lot 141 This building type can be used on lots that have resulted from a legal subdivision provided there is a minimum frontage of 4U feet. [51 Allowed on specific locations only. (61 Quadplex not permitted in the UNA Zone. pl Line Block permitted to a maximum of to sories in ® O M.HOUSE I-DUPLex,TRIPLE ICBUNGALOW I.TUCK-UNDER LROWHOUSE H.UVE\ 80UADPtEK COURT HOUSING WORK El El I I 14 41 i 4:1 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 75G-56 TRANSIT ZONING CODE : Architectural Standards (c) All building types are subject to the following: (1) Lot width and Depth: a. The width and depth shall be determined as described below: All buildings dull be designed to an Individual lot as required in Table DT-I.The lot Is for design purposes and may be made permanent through the regular proms for parcel or tract maps. Lot width and depth shall be determined as described below. I- Front gut Width): Primary (Principag Frontage 2-Side got Depth) 3-Rear got Width) 2 U 2 ) V 2 2 2 11 2SSL__}�-� JI a E. 2 �1 lj 2 "-jn .� STREET .. b. On comer lots fronting two streets either street frontage may be used to Comply with the lot widthffrontage required per building type. c Lot that have resulted from a legal subdivision butare less than 40feet In width may be developed with standards that apply to lots 40 feet in width (2) Access Standards: a. Where an alley is present parking and services shag be accessed through the alley. Is. Where an alley Is not present parking and seMm shag be accessed from the street through or alongside the building as permitted In the mneandthedivldon. c For comer lots without alley access, parking and services shall be accessed from the side street through or alongside the building. (3) Parking Standards: a. Entrancestogamge;subtersaneangmc mdgamgesmdriveways shag be located as close as possible to the side or rear of each tot Is. Surface parking tots shall not encroach Into any required yards (4) Service Standards: a. Services, Including all utility access, above ground equipment and trash enclosures shag be looted on alleys b. Where alleys do not exist services,inducting utility access, above ground equipment and trash enclosures shag be looted In compliance with the budding location standards for the zone and this division. c No trash enclosure shall be located in required landscape areas, within direct view, of streets or In traffic or pedestrian aides d Services and their appurtenances shall be screened from and shall not be located In required setback or landscaped areas e. Each residential unit shall have access to on -site laundry facilities I. Each development shag provide a trash area. g. Multiple family, commercial and indusulal developments with common parking areas shag provide trash enclosures per4"23. Is. Residential development providing Individual trash containers shall provide an area that measures a minimum of 3.5'x 2', outside of required setbacks and yards to gore and place out for pick up. 1. Individual trash bins located In a garage shag not transacts Into the required parking area (5) Open Space Standards: a. Balconies are pemsltted In any setback yard as provided in the encroach. ment requirements of the applicable tune. b. Private DRUM may be provided at the side and mar yards. c The area of any path covers, gazebos and other roofed shade structures with at least 2 sides fully opened to the outside may be counted towards the required open space d. Corridors, walkways sauces, driveways parking courts lobbies and other such spans shall not be Included In the required open space cal- culations. (6) Landscape Standards: a. Ali setbacks. yards and shared Common open spaces shall be land. scaped Is. A landscape buffer of not less than 5 feet shag be provided to separate any parking lot from an adjacent property. c Surface parking lots shall be landscape per the City's Commercial area landscape standards. (7) Frontage Standards: a. Frontage shall camplyWth the applicable standards set forth in Sections 41-2033 through 2039. (8) Building Size and Massing Standards: a. Buildings shall be comtructed with a" tied massing approadl. Each building type contains an allowed massing by story table Identifying the maximum ratio for each building story. Table BT-A Identifies the infor- mation contain within each of thew allowed musing by story tablet Allowed Massing by Story San c rm E 1 a 1 a I f I a> I a Percentage IN PenmLage numbe refeatathe ofground percentage of the ground Boor by Flom foolprinl of the bugd- Rory Ing area that Is permitted for thlspartlNlarrtory b. The maximum permitted ground Boor footprint shag be determined as described In Figure BT-B c Story heights 1. Agory means a habitable level within a building from finished floor to finished ceiling. Specific requirements for a story in various con. flgurations are Identified in Table BT-2 Permitted Height by Story Type: Type Location Minlmum (to Maximum (to Ali building types esdud4ghous,duples, upper Fkhodd 9 14 triplesandquadples Allbuildingtypes. eadudinghouspduples, Gourd Floor 10 16 v1plexandquadpkx Howe,duple;triple; uppernom a 14 andquadpiaa House,duples,tripleA Ground Floor 9 12 and quadplea Garage upper Floodd a 14 GaurMnom Equaltoadjacem Garage (podurta grouMAoo,ofbufdhng. 16 mefeetifdetednal 2. A basements shag not be considered a story for the purposes of determining building height where the finished surface of the floor above the basement is less than six feetabove grade plane 3.Attio shall not be considered a story for the purposes of detemdAmg building height 4. Above ground garages occupying a level shall be considered a story for the purposes of detemsinmg building height. d Dwelling UnItTypes There are three basic dwelling unit types. 1. The flat is a single gory unit 2. The loft is a double -story height unit that may have a meuanine. 3. Atownhouseisatwoormoresroryunit These dwelling units types may be used in any combination through. out a building, as permitted by the various buildings types (9) Accessory Dwellings: a. Second dwelling units shall complywRh the requirements established In Section 41-194 of the Santa Ana Municipal Code. (10) Accessory5tructures: a. The area occupied by accessory structures shall be included in the floor area ratio calculation. Is. An accessory structure shag net encroach into any required open space orsetback, except that a detached garage maybe located 3leatfrom the marand interior side property We. 40 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 64 City of Santa Ana. California + 5 G _ 5+ TRANSIT ZONING CODE^ Architectural Standards - Building Types Illustrative Axonometric Diagram Sec 41-2022. Flex Block Building Type (a) Flex Block Is a building generally of a single massing element designed for occupancy by retail, service, or office uses on the ground floor, with upper Boors also configured for those uses or for residences. (b) lot Width and Depth The minimum and maximum lot Idth a d th i t I t d th h II b bed In T bi RT-1 Permitted a Ild' T ) (c Access Standards (1)The main entrance to each ground Floor unit shall be dhectlyfrom the street (2) Entrance to the residential portions shall be through a dedicated stmet4evel lobby, orthrough a dedicated podium lobbyaccessible from the street or through a sideyard (3) Access to each unit above the second level. notaccessed through a podium, shall be trough an Interior mnider of at least 6 feet In width with recessed doors orseating alcoeestofheb at at least 100 feet (4) Each level or the building shall have access to the garagevla an elevator. (d) Parking Standards (1) Required parking shag be accommodated In an underground garage, surface parldng, tuck under parking, or combination thereot (2) Dwellings shall have Indirect access to their parking=11(s). (e) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mall boxes shall Out be located in any required open space, landscape or setback areas or detract from the primary entrance to the development (0 Open Space Standards (1)The common open space shall be a! ex side eid designed as a courtyard, or In the front as a forecourt This area shall be equal to 15 percent of the lot and shall be open to the sky. Courtyards may be located on the ground or on a podium. Side yards mayalso be formed to provide outdoor patios connected to ground floor commercial uses to serve as additional open space. (2) Minimum courtyard dimensions shall be 40 feet when the long axis of the courtyard is Od- ented EW and 30 feet fora INS onentaton. Courtyard proportions shall not be less than 1:1 between the width of the courtyard and the height of the building for at least 213 of the court's perimeter. Horizontal shifts in upper goon adjacent to a court may not exceed 1/2 the height of each upper floor. (3) In 40 foot wide courtyards, frontages and archhectural projections are permitted on two opposing sides of the courtyard provided that an overall minimum width of 40 feet Is main. talned. Frontages and architectural pmjecrons are permitted on one side of a 30 foot wide courtyard provided an overall minimum width of 30 feet is maintained. (4) Private open space shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet In each direction (5) Private open space may be substituted for additional common open space or common inte- rior space the size of which will be equivalent to the displaced private open space.The mini- mum dimension of this space shall be 15 feet in each direction (g) landscape Standards (1) Where rear yards are present at least one (1) 364nch box canopy tree per 30lineal feet shall be planted directly In the ground. (2) Courtyards located over garages shall be designed to avoid the sensation of forced podium hardscape. (3) Sideyard trees shall be placed to create a particular sense of place at a rate of one (U 244nch boxtreeper300mmifeet (4) Where a front yard is present at least one (1) 24lnch box tree per 25 0nealfeet shall be plant- ed.The tees may be placed in groups In order to achieve a particular design (5) One 364nch box specimen tree is required per courtyard that meets the minimum dimen. dons. For courtyards that exceed the minimum dimenslon . two or more 24-mch box smager size trees may be substituted for the 364nch box tree. (6) Six (6) S-gallon sized shrubs, ten (10) onea3anon size herbaceous perennials shrubs and turf or acceptable dry climate ground cowuhall be planted for awry required tree. (7) Where rear yards are present at least one (1) 364nch box casropy tree per 30 lineal feet shall be planted directlyin the ground. IN Frontage Standards (1) Entrance doors and social room; such as living moms and dining rooms located on the ground floor, are odented fronting toward the courtyardis) or street when fronting to one. (I) Building Size and Massing Standards (1) Each unit shall have at least one side exposed to the outdoors with direct access to common or private open space. (2) Buildings may contain any of three types of dwellings: Bats, townhouses and lofts (3) Units may be as repetitive or unique as deemed by individual designs. (4) Buildings arc allowed to be composed of one dominant wlume. (5) The Flex Blocks shag comply witht the height tacos established In Table ST4 entitled Maximum Ratio for Each Flex Block Story. Table BT-0 Maxlmem Ratio of Each Flea Bbds Story STORY Ground Floor %ofg.,xinoor ilia% laa% BBgS%fNlll 4aBS% R)Ill roramypertentage" v 7 1 110%.t7mroenta mfm to the percentage of the ground floor. footprintof the buadhg area that h perminedfw tics pankubrstory. Illustrative Photo: Flex Block with s hopfront frontage 0) Accessory Dwellings Accessory dwellings shall not be permitted (k) Accessory Structures Accessory structures shall not be permitted 49 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 7 5 G _ 5 TRANSIT ZONING CODE :Architectural Standards -Building Types _ e� Illustrative Axonometric Diagram: Lined Block Illustrative Photo: Lined block with shopfront frontage Sec 41-2023. Lined Block Building Type (a) tined block is a building that conceals a public garage or other faceless building; designed for occupancy by retail, service, or office uses on the ground floor, with upper Roars also configured for such uses or re ldencev (b) Lot Wldth and Depth .The minimum and maximum lot width and the minimum lot depth Shall beat prescribed InTableBT-1 (Permitteds.11dinaTyces), (c) Access Standards (1)The main entrance to each ground floor shag be Airectlyfrom the street (2) Entrance to residential portlons of the building shall bethrough a dedicated street level lobby, orthrough a dedicated podium lobby accessible from the street or through aside yard. (3) Access to each unit above the second level, not accessed through a podium, shall bethrough an Interior corridor of at least 6 feet In width with recessed doors or seating alcoves/offsets at Last every IDO feet (4) Each level of the building shall have access to the garage via an elevator. (d) Parking Standards (1) Required parking shall be accommodated in an underground or above -ground garage, tuck under parking, or a combination thereof. (2) Dwellings shall have Indirect access to their parking stallb). (d Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mall boxes shall not be located In any required open space, landscape or setback areas or detract from the primary entrance to the development (f) Open Space Standards (1)The common open space shall beat she yeeronideyerddesigned as a courtyard. or in the Ramat a f rrecourt.Thic area shall be equal to 15 percent of the lot and shall be open to the sky. Courtyards may be located on the ground or on a podium Side yards may be formed to provide outdoor patios connected to ground floor commercial uses. (2) Minimum courtyard dimension shall be 20 feet when the long axis of the courtyard is oriented EW and 15 feet for a US orientation. Courtyard proportions shall not be less than 1:1 between the width of the courtyard and the height of the building for at least 213 of the courts Perim. star. Horizontal shifts in upper flown adjacent to a court shall not exceed 1/2 the height of each upper floor. (3) In 20 fact wide courtyard; frontages and architectural projections are permined on two opposing sides of the Courtyard provided that an overall minimum width of 20 feet N main. trained. Frontages and architectural projections are permitted on one side of a 15 foot wide courtyard provided an overall minimum width of 15 feet Is maintained. (4) Private open space shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet In each direction. (5) Private open space may be substituted for additional common open space or common Into. dorspace the size of which will be equivalent to the displaced private open space The mini. mum dimension of this space shall be 15 feet in each direction. (g) Landscape Standards (1) Where a front yard Is present, one (1) 24•box sir- tree per 25lineal feet shall be provided.The tree may be placed in groups In order to achieve a particular design. (2) Six (6) S-gallon size shrub; ten (10) one-gallo t sae herbaceous perennials/shrubs and turf or acceptable dry cl'uute ground cover shag be planted for every required tree (3) Courtyards located over garages shall be designed to avoid the sensation of forced podium hardscape. (4) Trees In the front yard shall be of small scale that do not exceed 12-IS' height at maturity and suitable for butft4n Concrete planters or containers with a 364nches minimum width (5) One 364nch box specimen tree is required per courtyard that meets the minimum dimen- sion For courtyards that exceed the minimum dimension; two or mom244nch box smaller size treat may beSubstituted for the 364nch box time. (6) Where rear yards are present at least one (1) 364nch box canopy tree per 30lineal feet shall be planted directly in the ground (T) When side yards arc present at least one (1) 244nch box tree per 30 gneal feet shall be plant. ed W protect privacy of neighbon.The Dees maybe placed In groups In order to achieve a particular design, (h): Frontage Standards (1) Entrance doors are oriented fronting toward the courtyard(j) or the great when fronting to 60 Building Size and Massing Standards (1) Each unit shag have at least one side exposed to the outdoors with direct access to common or private open space W Buildings may contain any of three types of dwellings, flat; townhouses and lofts (3) Units may be as repetitive or unique as deemed by Individual designs. (4) Buildings may be Composed of one dominant volume. (5) A Lined Block shall comply with the height ptios establul ed In Table BT-5, entitled Maximum Ratio for Each Lined Nock Story. Table BT-S Maximum Ratio ofeach Lined Block St Linedory STORY Ground Floor %o19"ard! flombytmry I toast assslq ae6is6 Ill Fa arryperzenbge kssthan lW9; the percennge relers to Ne percenuge of the ground /bar footpintof Uiebuildn9 area tlMtis pemdtted fw N6ltanicuWr story. (0 AccessoryDwellings Accessorydwellings shag not bepermitted. (k) Accessory Structures. Accessory structures shall not be permitted 49 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 7 5 G_ 5 A TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Photo: Stacked Dwellings with a stoop entry Illustrative Photo: Stacked Dwellings with stoops Sec. 41.2024. Stacked Dwellings Building Type. (a) A Sucked Dwelling Is a structure of single -floor or muhbfioor dwellings of similar configuration either above or below that are sucked. (b) Lot Width and Depth.41 re I in it on lot idd 1109 be Me feet . d tire Irwin . .. met v led I hall - be The minimum and maxims lot Idth d th i i I t d th h 11 bmasp,escribedInTableffM 1 ice d B Td' T 1 W Access Standards (1) Entrance to the residential portions of the building shall be through a street level lobby, court- yard access, or through a combination of streetYpodium lobby directly accessible from the street (2)The main entrance to each ground goorunit shall be duectlyftom the street Secondaryaccess shall be through an elevator and corridor. (3) Access to each unR above the second level, not accessed through a podium, Is through an late. rior corridor of at least 6 feet in width with recessed doon or seating alcoves/offset, at last every 100 feet (4) Each level of the building shall have access to the garage viz an elevator. (d) Parking Standards (1) Required parking shall be accommodated in an underground garage, surface parking, tuck under parking, or a combination thereof. (2) Dwellings shall have indirect access to their parking stall(c). (a) Service Standards (1) Utility meted shall be screened from view from the street and shall not be located within any required undsupe or setback area. (2) Mail bases shall not be located In any required open space, landscape or setback areas or detract from the primary entrance to the development (f) Open Space Standards (1) The common open space shall be at 8 a es or de at designed as a courtyard. This corn - man open space shall be equal to 15 percent of the lot and open to the sky. Courtyards may be located on the ground or on a podium. Side yards may be formed as common use gardens. (2) Minimum courtyard dimension Is 40 feet when the long axis of the Courtyard is oriented EN and 30 feet for a NS orientation. Courtyard proportions shall not be less than 1:1 between the width of the courtyard and the height of the building for at least 2/3 of the courys perimeter. Horizontal shifts in upper floors adjacent to a court shall not exceed 112 the height of each upper Floor. (3) In 40 foot wide courtyards, frontages and archite trend projections are permitted on two opposing sides of the courtyard provided a minimum courtyard width of40 feet Is maintained Frontages and arch6tectural projections are permitted on one side of a 30 foot wide courtyard provided a minimum courtyard width of 30 feet is mainulned (4) Private open space shall be provided for each Residential unit and shall be ma less than SO square feet with a mWmum dimension of 6 feet in each direction. (5) Private open space may be substituted for additiorul Common open space or common interior apace, the size of which wi0 be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet In each direction. (g) Landscape Standards (1) Front yard trees shall not exceed the height of the buildings at maturity, except at the margins of the lot, where they may be used to frame and separate the building from its neighbors. The trees shall be punted at the rate of one (1) 244nch bins tree per 25 lineal feet of front yard The trees may be placed in groups In order to adds"a particular design. (2) In the may yard, at least one (1) 364nch box canopy tree per 30 lineal feet shall be planted directlyin the ground (3) Courtyards located over garages shall be designed to avoid the sensation of forced podium harchope. (4) One 364nch box specimen tree is required per courtyard that meets the minimum dimen- slons. For courtyards that exceed the minimum dimensions, two or more 244nch box smaller size trees may be substituted for the 36-Inch box tree. (5) Sul (6) 5ga0on size shrubs, ten (10) one -gallon size herbaceous perennuWshrubs and turf or acceptable dry c0mate ground cover shall be planted for everyrequired bee. (6) Side yard bees shall be placed to create a particular sense of place at a rate of one 24-inch box tree per 301ineal feet (h) Frontage Standards (1) Living rooms, dining rooms and bedrooms arc oriented fronting toward the courtyard(s) or street Service rooms are oriented backing to casddors. Bg Stoops up to feet in height may be placed above subterranean parking, provided the area 0) Building Size and Massing Standards (1) Buildings may contain any of 3 types of dwellings nets townhouses and lofts. (2) Units may be as repetitive or unique as deemed by individual designs. (3) Buildings may be composed of one dominant volume, flanked by secondary ones. (4) Each unit shall have at least one side exposed to the outdoors with direct access to common or private open space. (5) A Sucked Dwellings shall comply with the height ratios established in Table Br6 entitled Maximum Ratio for Each Sucked Dwellings Story. Table BT6 Maximum Bar. of each Stacked Dwellings Mory STORY Graved Floor %ofgmund floorbyst4ry 10011, loft naj%lll 5085% 111 Foranypertentage less than la0%,the percentage alert In she pswernipsiftire ground lbor footprint of the building area that 4 permined for Nu particularstory. B) Accessory Dwellings Accessory dwellings shag Fiat be permitted (k) Accessory Structures A xessory structures shall not be permitted 4:11 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 04 City of Santa Ana, L16famu 75G-60 TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Photo: Hybrid Court access to the second level Sec 41-2025. Hybrid Court Building Type. (a) Hybrid Court is a building composed oftwo building types, the stacked dwelling and couryard housing, arranged around a murtyard(s). This building type combines a pointaccem portion of the stacked dwelling building type (aaessthrough a double loaded corridor) with a walk-up portion ofthe courtyard housing building type (access directly from the street or courtyard). The building may be designed for occupancy by retail service, or once uses on the ground floor, with upper floors also configured for those uses or for residences (b) Lot Width and Depth shall be 250 feet fire de,d of I! .The minimum and mad. BaIMiOa Tvcesl. (d Access Standards (1) The main entrance to each ground floor unit shall be directly from the street (2) Entrance to the residential portions of the stacked dwelling element shall be through a dedicated street level lobby, or through a dedicated podium lobby accessible from the street or through side yard. (3) Access to each will above the second level in the stacked dwelling element not accessed from the podium Is through an interior, double -loaded Corridor of at least 6 feet In width With recessed doors or seating alcoves/oHsets at least every 100 feet Forother units, access shall be directly of a common courtyard or through stain serving up to 3 dwell- Ings. (4) Elevator access shall be provided between the garage and each level of the stacked dwell- Ings portion of the building (d) Parking Standards (1) Required parking shall be accommodated In an underground garage, mdace parking tuck under parking, or Combination thereol. (2) Dwellings shall have Indirect access to their parking stall(s). (e) ServiceStandards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area W Mail bones shall not be located in any required open space, landscape or setback areas or detract from the primary entrance to the development (f) Open Space Standards (1)The common open space shall be designed as a central courtyard or partial, multiple, separated or interconnected Courtyards. This area shall equal to 15 percent of the lot and shall be open to the sky. Courtyards may be located on the ground or on a podium. Side yards may be formed As common use gardens. (2) Minimum courtyard dimemion is 40 feet when the long axis of the Courtyard is oriented EW and 30 feet for a INS orientation. Courtyard proportions shall not be less than 1:1 between the width of the courtyard and the height of the building for at least 2/3 of the courts perimeter. Horizontal shifts in upper Boors adjacent to a court shag not exceed 1/2 the height of each upper floor. (3) In 40 foot wide Courtyards, frontages and architectural projections are permitted on two opposing sides of the Courtyard provided that an overall minimum width of40 feet Is maintained Frontages and architectural projections are permitted on one side of a 30 foot wide Courtyard provided an overall minimum width of 30 feet is maintained (4) Private open space is required for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet in each direction. (5) Private open space may be substituted for additional common open space or common Interior space the size of which will be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet In each direction (g) Landscape5tandards (1) Where a front yard Is present one (1) 244nch bra Vee par25 lineal feet shag be planted The trees may be placed in groups in order to achieve a particular design. W Courtyards located met garages shag be designed to avoid the sensation of forced podi- um hardsape. (3) Side yard trees shall be placed to create a particular sense of place at a rate of one (1) 24-Inch box tree par 30lineal feet (4) One 364nch box specimen free is required per courtyard that meets the minimum dimen- sions For Courtyards that exceed the minimum dimensions, two or more 244nch box smaller size Veer may be substituted for the 361nch box live. (5) Six (6) 5-gallon size shrub; ten (10) one -gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shag be planted for every required tree (6) In the met yard, at least one (1) 24-Inch box Canopy Dee per every 25lineal feet planted directly in the ground (A Front yard trees shall be of small sale that shall not exceed 12VS height at maturity and are suitable for bullt4n concrete planters or containers with a 36' minimum width (h) Frontage Standards (1) Entrance doors and social moms, such as Bring rooms and dialog rooms ere oriented frontbg toward the Courtyards) or the street when fronting one. Service roomy are ori- ented to the degree passible backing to corridors in the Stacked Dwellings portion and to side yards, service yards and rear yards In the courtyard housing portion (2) Stoops up to 3 feet in height may be placed above subtemmean parking, provided the area adjacent is landscaped and the stoops are scaled to the street and building, (0 Building Size and Massing Standards (1) Each unit shag have at least one side exposed to the outdoors with direct access private or common open space. !A Buildings may contain any of three types of dweflingc flats, townhouses and lofts (3) Units may be as repetitive or unique as deemed by Individual designs. 4.13 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 04 City of Santa Ana, California 75G-61 TRANSIT ZONING CODE :Architectural Standards -Building Types Illustrative Axonometdc Diagram Illustrative Phot¢ Courtyard with fountain and individual Bar. -e i® Illustrative Photo: Courtyard with zaguan linking two court- 4:15 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 64 City of Santa Ana, California Sec 41.2026. Courtyard Housing Building Type (a) Courtyard Housing N a bulding type consisting of residences that may be arranged in four pos. sible conOgurations: townhouse; townhouses over Flats. flab, and flats over flats The stnrctmes are arranged next to each other on one or more courts that are partly or wholly open to the street (b) Lot Width and Depth the minimum and maximum totwidth and the minimum lot death shall be as oresri bedin Tad BT-1 WermittedBuild ' T ) (c) Access Standards (1)The main entry to each ground floor unit shall be directly off common courtyard or from the street (2) Access to second story units not accessed directlyfmm a podium shall be through stairs, serving up to 3 units. (3) Elevator access, if any, shall be provided between the garage and courtyard/podium only. (d) Parking Standards (1) Required parking shall be accommodated In an underground or above -ground garage. surface parking tuck under parking, or a combination thereof. (2) Dweflings may have direct or indirect access to their parking stalgs), or direct access to stags enclosed within the garage. (a) Service Standards (1) Utility meters shall be screened from vim from the street and shall not be located within any required landscape or setback area. (f) Open Space Standards (1)The common open space shag be designed as a central Courtyard or partial, multiple, separated or Interconnected courtyards The common opne space shag be at least 15 percent of the lot and must be open to the sky. (2) Courtyard proportions shall not be less than 1:1 between the width of the courtyard and height of the building for at least 213 of the courts perimeter. Horizontal shifts In upper Floors adjacent to a court shall not exceed 1/2 the height of each upper floor. In a project with multiple court. yards, at least two of the courtyards shag conform to the patterns above. (3) In 40 foot wide courtyard ,frontages and architectural projections are permitted on two oppos- Ing sides of the courtyard provided that an overall minimum width of 40 feet is maintained Frontages and architectural projections are permitted on one side of a 30 foot wide courtyard provided an overall minimum width of 30 feet Is maintained, (4) Courtyards shag be connected to each other and to the public way by aaguam or Pareos (5) Private open space Is required for each residential unit and shall be no less than 90 square feet with a minimum dimension of 6 feet In each direction, (6) Private open space may be substituted for additional common open spars or common interior space, the size of which shall be equivalent to the displaced private open space The minimum dimension of this spare shag be 15 feet In each direction. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots or the shopfront of ground floor flex space Front yard Nees shall not exceed IS times the height of the porch at maturity, except at the margins of the lot where they may be ma more than 15lanes the height of building at maturity. Trees shall be planted at the rate of one (1) 364nch box tree per 25lineal feet of front yard. Treat maybe placed in groups in order to achieve a particular design, (211n the rear yard, at least one (1) 244nch canopy bee per25 lineal feet shall be planted directly In the ground (3) One 364nch box specimen tree it required per courtyard that meets the minimum dimensions For courtyards that exceed the minimum dimensions, two or more 244nch box smaller size trees may be substituted for the 364nch box tree. (4) In courtyards over garages, one (1) 244nch box size tree of small scale (12-15'helght at maturity) or similar tag shrubs shag be used in planters with a 36' minimum dimension. (5) Side yard Nees shall be placed at a rate of one (1) 244nch box tree per 30 lineal feet for privacy of nelghbom (6) Six (6) 5-gallon sloe shrubs, ten (10) one -gallon size herbaceous perennials/shrubs and Wrfor acceptable dry climate ground cover shall be planted for every required Nee. (h) Frontage Standards (1) Entrance doors and soda) rooms such as living rooms and dining rooms ate oriented toward the courtyard(s) and the fronting street. Service rooms shag be oriented backing to side yards, ser. vice yards and mar yards to the degree possible (2) Frontages and architectural projections or features such as tower, loggias and entry stain shall not encroach Into the required minimum dimension of a Courtyard (3) Stoops up to 3 feet In height may be placed above subterranean parking provided the area adja- cent Is landscaped and the stoops are scaled to the street and building. (i) Building Size and Massing Standards (I) Buildings shall be composed of one two and three story masses, each designed to house scale, and not necessarily representing a single dwelling. (2) 3atory buildings shall be composed of single story and stacked units In this raze, the visibility of elevators and of exterior corridor at the third story shag be minimized by Incorporation Into the mass of the building. (3) Buildings may contain any three types of dwellings: flats, townhouse; and lofts (4) Units may to be as repetitive or unique as deemed by Individual designs (5) 4 and 5-story masses shag be minimized inside Courtyards and apparent on street frontages (6)The Intent of these standards Is to provide for courtyard housing projects with varying building helghts Courtyard housing shall comply with the height ratios established in Table BT-8, entitled Maximum Ratio for Each Courtyard Housing Story. Table ST-8 tAaxMum Paulo o/Each Courtyard Housing Story STORY und Floo 6mr 2 1 J 1 4 1 5 %ofgm" Boor by story l00% 1pWa 8S%(II 55% 40% (11 Fcranyper¢alagelesslhan 100%the percenrage rNen ro lne px¢ntagedtM gioantl Flom fsrotWint of Me WOding area Iha[ is permitted forthrs particular rtory. W AccessoryDwellings Accessory dwellings shag not bepermitted W Accessory Structures shall not be permitted. Detached garages shag be permitted 75G-62 ITRANS IT ZONING CODE o Architectural Standards _Building Types Illustrative Photo Dve- work type with office and retail front - Illustrative Phota Live -work type with shopfront frontage Sec 41-2027. Live/Work Building Type. (a) I.WeAVork is an Integrated residence and work space (located on the ground floor), eccupled and utilized by a single household in an army of at least 3 such struct or a structure with at least 3 units arranged side by side along the primary frontage, Out has been designed or m%rctumlly modified to accommodate joint residential Occupancy and work activity. (b) Lot Wldth and Depth. The minimum and maximum lot width andth i l lot dh shallb ebed In Tbi RT-1 (PermittedB lkl gT 7 (c) Access Standards (1) The main entrance to the ground floor work space shall be accessed directly from and face the street (2) The upstairs dwelling shall be accessed by a separate entrance, and by a stair or elevator. (3) For lots without age^ garages and services shall be amassed by a driveway B to 10 feet in width with 2-foot planters on each side when serving a private 2-car garage and IB to 20 feet In width with 2-foot planters on eadi side when serving more than one private 2-car garage. (4) Accessibility should be accommodated between a pair of units and not In the front yard to the degree possible. (d) Parking Standards (1) At least one required parking space shall be in a garage, attached to or clenched from the dwelling. (2) Additional required parking spaces may be enclosed, covered or open. (a) Service Standards (1) Services (Jincluding all utility access aboveground equipment and bash containers) shall be located on an alley when present or In the tear of the lot for those lots without ailey-amess (f) Open Space Standards (1) For all buildings except for those with a tuck-underquage, the private open space shag be In the rear yard of each unit The private open space shall be no less than 1596of the area o1 the lot or portion of the lot allocated for the unitThe private open space shall be of a regular geometry and open to the sky. The minimum dimension of each rear yard shall be 15 feet (2) For buildings with tuck -under garage, one primary common open space of a regular geom- etry shall be provided. This common open space shall be equal to 15 percent of the tat and shag be open to the sky. The minimum dimension for the common open space shall be 30 feet in each direction. Additionally, private open space shall be provided for each unit The private open space shall be equal to 50 square feet per unit Private open space may be sub- stituted for additional common open space or common interior space, the size of which will be equivalent to the displaced private open space. The minimum dimension of the substi- tuted common open space shall be 15 feet in each direction. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots or the shopfront of ground floor Flea space. Front yards trees shall not exceed l5 times the height of the porch at mMudry,except at the margins of the lot where they maybe no more than 15 times the height of building at maturity. Trees shall be planted at the rate of one (1) 364nch box tree per 25 final feet of front yard. Trees may be placed in groups In order to achieve a particular design. (A In each units rear yard. at least one (1) 244nch canopy bee shall be provided for shade and privacy. (3) Side yards trees shall be placed a rate of one (1) 244nch box use per 30 Uneal feet to protect the privacy of neighbors. (4) Six (6) S9aflon size shrubs ten (10) one -gallon size herbaceous perenniabilshmbs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Each five/work unit shall be designed so that social areas (e4- living room, family room, din- ing room, etc), rather than sleeping and service rooms are oriented toward the fronting meet or to the courtyard 01 Building Size and Massing Standards (1) Buildings shall be composed of 2 or 3-story volumes in compliance with the standards for the apptcablezone. (2) Buildings on Comer ion shall be designed with two front facades. (3)The minimum unit frontage shall be 21 feet (4) A five/workmail comply with the height rations established In Table BT-9, entitled Maximum Ratio for Each Ube/Work Story. Table BT-9 Maximum Patio of each Uve Work Stay All Zones Except UN-1 &UW2 Za. Story G=MFloor 2 3 %ofgruund floorbystary IBOak toe% Lora, UNAIS UN-2 Zones teo% Bo%[II So% Itoraam De ofthe,eless[han100%, the Rented getefenlocul P Story. eofthegtaaM tlaorfootpdnt ofthe buiding area that b permitted faNb panfaW story. (B AccessoryDwellings Accesmry dwellings shallvat be permitted (k) Accessory Structures Accessory structures shall be pemdtted. Art TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 04 City of Santa A., California 75G-63 TRANSIT_ZONING CODE : Architectural Standards -Building Types Illustrative Photo: Rowhouse building with stoop frontages Illustrative Photo: Rowhouse Building with direct sidewalk .Cu. US TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 Ctty of Santa Ana, California Sec 41-2028. Rowhouse Building Type (a) Rowhouse Is an Individual structure on a parcel with a private rear yard and Individual garage accessed from an alley, occupied byone primary residence In an arcay of at least 3 such structures ora structure of3 multiple townhouse unit types arranged sideby sidealong theprimaryfrontage. (b) Lot Width and Depth. The minlmum and maxim �m lot width and the minimum lot death shall be as nescr'bed In TableRT-1 (P rmittedR ildi oTvIces), (c) Access Standards (1)The main entrance to each unit shall be accessed directly from and face the street (2) Garages and services shag be accessed from an alley. (3) AcCesslbNty should be accommodated between a pair of units and not In the front yard to the degree possible. (d) Parking Standards (1) Required residential unit parking shall be in a garage, which maybe attached to or detached from the dwelling. (2) Additional required parking spaces may be enclosed, covered or open. (a) Service Standards (1) Services, including all utility access, aboveground equipment and trash containers shall be located on an alley when present or on the rear of the lot for those without alley access. (0 Open Spam Standards (1) private open space shall be located in the rear yard of each unit The private open space shall be no less than 15%of the area of the lot or potion of the lot allocated for the unit The pd- vote open space shag be of regular geometry and open to the sky. The minimum dimension for the prlww open space shall be I feet in each direction. (g) Landscape Standards (1) Landscape shall not obscure from yards on adjacent lots Fount yards trees shag not exceed 15 tines the height of the porch at maturity, except at the margins of the lot, where they may be no more than IS times the height of building at maturity. The trees shall be planted at the rate of one (1) 361nch box tree per25 lineal feet of fmntyard. The trees may be placed in groups In order to achieve particular design (2) At least one (1) 244nch Canopy tree shall be provided in each private open space for shade and privacy. (3) Side yards trees shag be placed a rate alone (1) 244nch box tree per 30 great feetfor privacy cifnelghbors (4) Six (6) S-gallon she shrubs, ten (10) one -gallon size herbaceous perennlalsirshrubs and turf or acceptable dry climate ground cover shag be planted for every required tree. (h) Frontage Standards (1) Each so a house ground level shall be designed so that social areas such as the living room family room, dining room rather than sleeping and service norms, are oriented toward the fronting street or to the courtyard to the degree possible. B) Building She and Massing Standards (1) Buildings shall be composed of 2 or 3atoryvolumes in compliance with the standards for the applicablezone. (2) Buildings on comer lots shag be designed with two front facades (3) Each rowhouse bulking shall have direct access to yards (4) In a 3-story building a townhouse dwelling may be stacked over a ground Bon, gat In this use, the flat shag be arressed by its own front door at the frontage, and the townhouse dwelling shall be accessed by a separate front door and a stab. (5) The minimum unit frontage shall be 21 feet (6) A rowhouse shall ccmplywith the height ratios established In Table Bb10, entitled Maximum Ratio for Each Rowhouse Stop. TableBT-10 Maximum Ratio of each Rowhouse Story All Zones Except UN-18 1.1N-2 Zones Story Ground Flow 2 3 l W18 loa% 100% %cfgovrul hooray nory UN-18UN-2 Zones t00% soxUl I SO% III Forany percentage less than lW%the percentage raters to the percentage ofthe ground fact footprint of the hulks, area that Is pemutted for this particular story. 0) Accessory Dwellings: Accessory dwellings are not permitted except In compliance with SAMC section 41-194. Second Dwelling Units (k) Accessory SUucturet Accessory, structures are permitted 75G-64 !TRANSIT ZONING CODE : Architectural Standards -Building Types L WuwatwePhoto:Tuc1, Werwahstoopfmmvle Iliusbative Photo:"providing service and garage accost Nustrative Photo: Architecture of two Individual tuckw er buil6 lags combined at the alley access that separates the two buildings See.41-2029.Tuck-Under Housing Building Type. (a) Tuck -under houslgn is an Individual structure on a parcel with na private rear yard and where Its garage is tucked under the rear ofthe house and accessed by an alley. The structure Is occupied by one primary residence arranged with at least Such structures or at least multiple ut mlicuse units types arranged side by side along the primary frontage. (b) lot Width and Depth. The minimum and mazimvm tot shallwidth and the minimum lot depth (c) Access Standards (1) The main entrance to each unit adjacent to a street shall be directly from and face the street. The main entrance to all other units shall be from a courtyard. (2) Garages and services shall be accessed from an alley. (3) A back entry from the alley, and beside each garage shag be required for each unit These entrles are to be set back Into the lot at a minimum distance of 5 feet so as not to be Bush with the alley-fadng garage doors. (4) Bull at a street comer may span across the alley provided emergency access Is maln- talned and all required clearances are maintained (5) Accessibility should be accommodated between a pair of units and not In the front yard to the degree possible. (d) Parking Standards (1) Required residential unit parking shall be In a garage that is attached to the dwelling (2) AB garages shall be accessed from a parking court separate but adjacent to the alley right -of. way. (3) The garage for the dwellings at the end of the structure shall not be accessed directly from the alley. They should be access from parking court (4) Additional required parking spaces may be enclosed, covered, or open. (a) Service Standards (a) Services, including all utility access, abovegmund equipment and trash containers shall be located on an alley when present or on the rear ofthe lot for those without alley access (f) Open Space Standards (1) One primary common open space of regular geometry is required. This area shall be equal to 15 percent afthe lot and shall be open to the sky. The common open space may be located on the ground or on a podium The minimum dimension for this area shall be 30 feet In each direction. (2) Private open space shall be provided for each residential unit The private open space shall be no less than 90 square feet with a minimum dimension of 6 feet In each direction and shall be open to the sky. (3) Private patios are permitted In front yards, subject to encroachments permitted perzone, in building Interiors, and on upper Ibars (4) Single loaded courtyards adjacent to alleys or Interior lot lines shall be at least 20 feet In width. The length of such Courtyard shall equal to the length of the building frontage. (5) Up to 50 percent of the private open space may be substituted for additional common open space or common interior space, the size CfwNch will be equivalent to the displaced private open space The minimum duunension of this space shall be IS feet In each direction. (9) Landscape Standards (1) Landscape shall cot obscure frontyard on adjacent lots Trees shall be planted at the rate of one (U 364ndh bos tree per25 lineal feet of front yard.The trees can be placed in groups in order to achieves particular design. (2) Where rearyard setbacks are present at least one (1) 244nch Canopy tree per unit shall be provided for shade and privacy. (3) Sideyard trees shall be placed ata rate of one (1) 244nch box tree per 30lineal feet far privacy of neighbors. (4) Sic (6) 5-gallon shrubs, ten (10) on"allon size herbaceous perennialslshnsbs and turf or acceptable drydimale ground cover shall be planted for every required tree. (h) Frontage Standards (1) Each dwelling's ground level shall be designed so that social areas such as the living room family room dining mom rather than sleeping and service moms, are Oriented toward the fronting street to the degree possible 0 Building Sire and Matting Standards (1j Buildings shall be composed of 2 or 3-5tory volumes in compliance with the standards for the applicable zone. (2) Buildings on comer lob shall be designed with two front facades. (3) Each building shall maintain setbacks from property lines and in compliance with the Stan- dards for the applicable zone, providing as much direct access to yards as possible. (4) The minimum unit frontage shall be 21 feet (5) Atuck-under shall Comply with the height ration. established In Table BT.11,enOBed Maximum Table Br-11 Maximum Ratio of each Tuckundet Story Story Ground Floor 2 3 96ol Touts Ibor by Dory tpmb am6 So46 11] Far amyper¢nlage less than 100%.drepercmuge refers to the percentageofthe grouts Moor foolpMt o1lM b W ding area rhos is cernhnted for tlus particular slop. 0) Accessory Dwellings Accessory dwellings shall not be permitted (k)Accessory Siru<Isues Accessorystructusesshallnotbepermitted 4 n TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 75G-65 TRANSIT ZONING CODE : Architectural Standards - Building Types Illustrative Axonometric Diagram SeC41-2030. Bungalow Court Building Type (a) Bungalow, court Is a configuration of single units arranged amund a common, shared courtyard that is wholly open to the street The individual buildings are arranged next to each other to form the bungalow court building type. (b) Lot Width and Depth.�Flre thin no , lot idd 91 tell be 269 feet or A t' te Aud, . i lot idth shall - be The minimum and maximum lot width and the minimum lot demb shall be as prescribed In T bl BT 1 (Permitted Building T 1 (c) Access Standards (1) Entrance to units shall be directly from the front yard or from the courtyard (2) Where an alley is not present parking and services shall be accessed by a driveway 8 to 10 feet wide, with 2-foot planters on each side when serving a private 2-car garage, and 18 to 20 feet In width with 24cot planters on each side when serving more than one private 2-car garage. (3) On a comer lot without access to an alley, parking and services shall be accessed from the side street (d) Parking Standards (1) Required residential unit parking shall be within individual garages. which shall contain up to four tors (2) Garages on comer lots without alleys shag front onto the side street and shall have I -car gamge dean and driveways no more than 8 feet wide that are separated by planters at least 2 feet wide. (3) Garages shall not front the primary street (4) Additional required parking spaces may be enclosed covered, or open (a) Service Standards (1) Servlces, Including all utility access, abovegmund equipment and trash containers shall be located an an alley when present (2) Where an aney Is not present utility access, above ground equipment and trash containenshall be located in a side or rear yard, at least 10 feet behind the front of the house, and be screened from view from the street with a hedge or solid fence. W Open Space Standards (1) The common open space shall be designated as a central courtyard. This area shall be at least 15 percent niche lot of a regular geometry and shag be open to the sky. (2) Minimum courtyard dimensions are 40 feet when the long axis of the courtyard Is oriented East/West and 30 feet when the courtyard is oriented North/south. (3) In 40 feet wide courtyards, frontages and architectural projections are permitted on two opposing sides of the courtyard provided that an overall minimum width of 40 feet Is main- tained Frontages and architectural projections are permitted on one side of a 30 foot wide courtyard provided an overall minimum width of 30 feet Is maintained (4) Each dwelling shall have a private open space of at least 150 square feet which may be locat- ed in a side yard, rear yard, or adjacent but separate from the courtyard (5) The private open space shall be at least 10 feet in each direction and enclosed by a fence, wall or hedge. (6) Up to 50 percent of the private open space may be substituted for additional Common open space or common interior space, the size of which will be equivalent to the displaced private open space. The minimum dhnemion of this space shall be 15 feet in each direction. (7) Each unit shall beseparated from the adjacent dwelling by at least 10 feet (8) Porches and stoops may encroach Into the required yard setbacks as permitted by the urban standards for the Zone. (9) Private patios are permitted in any yard. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots Front yards trees shall not exceed 15 times the height of the porch at maturity, except at the margins of the lot where they may be no more than 15 times the height of building at maturity. The trees shall be planted at the rate of one (1) 354nch box tree per25 lineal feet of from yard The trees may be placed In groups In order to achieve a particular design. (2) At least one (1) 24-Inch canopy tree shall be provided in each unit rear yard for shade and pri- vacy. (3) Side yards bees shall be placed a rate of one (1) 24inch box tree per 30 lineal feet to protect the privacy of neighbors. (4) Six (6) S9agon size shrub%ten (10) one -gallon size herbaceous perenniaWshmbs and tud or acceptable dry climate ground cover shall be planted for every required tree (5) One 36inch box specimen tree N required per Courtyard that meets the minimum dimensions. Above and to the left Illustrative Photos: Individual louses fronting a court with the entry porch and/or stoop erwoadl- Ing into the Common space. 433 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 75G-66 TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Them, Duplex with frontyard and porch frontage Illustrative Photo: Quadplexwith stoop frontage Sec.41-2031. Duplex,Triplex, and Quadplex Building Type (a) Duplex, triplex, and quadplex are multiple dwelling types that arc architecturally presented as large single-family houses In their typical neighborhood setting. Such buildings may be sued for residential, office, retail, or in combination as permitted by the applicable mine. (b) Lot Width and Depth be i5e feet Tire depth ofthe lot hall be a Mitt unt of288 feet The minimum and maximum lot width and the minimumlot depth shall beat mescr'bed in TableBT-1 (Permitted Bu0d'na Tvoes). (c) Access Standards (1) The main entrance to each ground floor unit shall beaccessed directly from and face the street Access to second floor units shall be by a stair which may be open or enclosed, but shall not face the street (2) Where an alley is not present parking and services shall be accessed by a driveway to 10 feet wide with 2-foot planters on each aide when serving a private 2-car garage and 18 to 20 feet in width with 2400t planters on each Side when serving more than one private 2-car garage. (3) On a corner lot without access to an alley, parking and services shall be accessed from the side street (d) Parking Standards (1) Required residential parking shall be within Individual garages, which shall contain up to four CIVIL (2) Garages an comer lots without alleys may front onto the side street onlyIf provided with lrar garage doors, and driveways up to 8 feet wide that are separated by planters at least 2 feet wide. (3) A streetfacing garagemayaccommodate nomorethan 2 carsancishall have 1-cargamgedoon and driveways ou more than 8 feet wide that are separated by planters at least 2 feetvride. (4) Additional required parking spaces may be enclosed, covered or open. (a) Service Standards (1) Where an alley Is not present services including utility access, above ground equipment and bash containers shall be looted at Mast 10 feel behind thefront of thehouse,and be screened from view from the street with a hedge orsold fence. (f) Open Space Standards (1) One primary common open space of regular geometry is required. This area shall be equal to 15 percent of the lot shall be open to the sky and may be located on the ground or on a podium. The minimum dimension for the common open spare shag he 15 feet In each direction. (2) Private open space Is required for each ground Floor residential unit The private open space shall be no less than ISO square feet with a InImmurn dimension of 10 feet In each direction, enclosed by a fence, wall or hedge and open to the sky. (3) Porches and stoops may encroach Into a required yard, as specified In the Urban Standards for the tone (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots. Front yards trees shall not exceed 15 times the height of the porch at maturity, except at the margins of the lot where they may be no more than 15 times the height of building at maturity. The trees shag be planted atthe rate of one (1) 36-Inch box tree per 25 lineal feet of front yard. The trees may be placed in groups In order to achieve a particular design (2) In the mar yardt at least one (1) 244nch canopy tree shall be provided for shade and privacy. (3) Side yards was shall be placed a rate of one (1) 244nch box bee per 30lineal feet to protect the privacy of neighbors. (4) Six (6) S-gaBon size shrubs, ten (10) one -gallon size herbaceous perennials/shmbs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Each dwellings ground level abutting front yards shag be designed so that social areas such as the gving room, family room dining ram Father than bedrooms and service moms, are ori- ented toward the fronting street to the degree possible. (2) On comer lots, entrances to Triplex and quadplex dweMngs shall be looted on both street frontages. 0) Building Size and Massing Standards (1) Building elevarlom abutting side yards shall be designed to provide at least one horizontal plane break of at least 3 feet and one vertical break of at least 2 feet (2) Buildings on corner lob shall be designed with two from facades. (3) Buildings shall be massed as large louses. composed principally of 2-story volumes. each designed to house sole. (4) Dwellings within buildings may be flats or townhouses. (5) Duplex Triplex, and Quadplex shall complywith the height mflos established in Table BL-13 Table U-13 dPlex Story. Marimum Ratio of each DuplexTdpkx and Qwdplec Story Ground Floor I3 3 86olgrouM I IM 1 75*111 48% Iborbynery Ill For a gound floor fo ot,int olthe Wilding a.areathae mat IS Pewanteddfor tthNe pxxtkublar story 0) Accessory Dwellings AccessorydwelGngsshallnotbepermitted. 415 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Am, California 75G-67 r--- -- - ----- _ 1 TRANSIT ZONING CODE :Architectural Standards - Building Types Illustrative Photo. Single dwelling with frontyard frontage Illustrative Photo: Single dwellings with frontyard frontage Sec.41-2032. House Building Type. (a) House is a structure occupied by one primary residence that also accommodates commercial and office uses as permitted allowed. Such buildings may be used for residential, office, retail or in combination as permitted by the applicable zone. (b) Lot Width and Depth The mini mum and maximum lot Width and the minimum lot denth shall be 'bed in T bl BT I (Permitted Du 'Id'no T---1 (c) Access Standards (1) The main entrance to the house shall be accessed directly from and face the street (2) Where an alley Is not present parking and services shall be accessed by of a driveway8 to 10 Net wide, and with 2-foot planters on each side. (3) On a comer lot without access to an alley, parking and services shall be accessed from the side street (d) Parking Standards (1) Required residential parking shall be within a garage. (2) Street facing garage may accommodate no more than 2 can side by side or 3 can in a tandem configuration. (3) An alley -accessed garage may accommodate up to three cars side by side. (4) Additional parka g may be provided In the driveway. (5) A street4acing garage shall have I- rgarage doom and driveways no more than 8 feet wide that are seperated by planten at least 2 feet wide. (e) Service Standards (1) Where an alley is not present services Including utility access, above ground equipment and trash containers shag be located at least 10 feet behind the front of the house and be screened from view from the street with a hedge or solid fence. (f) Open SpaceStandards (1) PdvaW open space shall be located In the rear or side yard and shall be no less than 15 per- cent of the area of the lot of a regular geometry and open to the sky. The minimum dimen- sion for this area shall be 15 feet in each direction. (2) At least one side yard shag be designed to provide an open area no less than 10 feet by 10 feet (3) Porches and stoops may encroach Into a required yard, as specified by the Zone requirement section. (g) Landswpe5tandards (1) Landscape shag not obscure front yards on adjacent lots Front yards trees shag Out exceed 15 times the height of the porch at maturity, except at the margins of the lot where they may be no more than 15 times the height of building at maturity. Trees shag be planted at the rate of one (1) 364nch box tree per 25 lineal feet of front yard. Trees may be placed In groups In order to achleve a particular design. (2) In the rear yard, at least one (1) 24-Inch canopy time shall be provided for shade and privacy. (3) Side yard Imes shall be planted In required yards a rate of one (1) 24-Inch box Tree per 25lin- eal feet to protect the privacy of neighbors (4) Six (6) 5-gallon shrubs, ten (10) one -gallon size herbaceous perenNawshmbsand turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (I) A houses ground level shall be designed so that social areas such as the living mom, family room dining room rather than sleeping and service room; are oriented toward the fronting street (i) Building Size and Massing Standards (1) Building elevabons abutting side yards shall be designed to provide at least one horizontal plane break of at least three feet and one vertical break of at least two feet (2) Houses on comer loft shall be designed with two front facades (3) Buildings shag be composed of one and/ or two story volumes, each designed to house scale. (4) A house shag comply with the height ratios established In Table BT-14. entitled Maximum Ratio for Each House Story. Table RT-14 Maaimum RaBo of each House Star, Ground Flow 2 %ofpround Ibor try story I1XXfi 80"s111 HI Forany Peromt kasthan1W14Mepmenugerefento�percentageofthe ground Rom footprint of the building area that is permitted for Otis particular story. 0) Accessory Dwellings Accessory dwellings are pennited subject to the requirements of5ec. 41.194-Second dwelling units. W Accessory Structures Accessory structures are permitted. 432 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 7 5 G —6 •�� 1•�.� f� 1 d Y � � m y C YN N m CO N d '�l °,c 4 ,j r c q d bC° E € f•{�•w/�{� W V ycy. G� 9 u u„ ^.J � "� Q � m o v �C a c� y � So 3 c �°e c E •a`1 Pe E ' .. �° N C e sm o'Jj c ti A = � a9r V y0bt 9 gg C p V •1 y V 9 C C CU b4 O c�F� S 3 G v ogs€ e a A € o. a soda 75G-69 x m< _ N LL E m Y J O T N J q J R� �1 i i 1 I 1 I 75G-70 C G -(https://www.mapc_org/), SEARCH Search GO METROPOLITAN AREA PLANNING COUNCIL JOBS(HTrPS://WWW.GOVERNMENTIOBS.COM/CAREERS/MAPC) CALENDAR(/CALENDAR/), PRESS ROOM (/PRESS-ROOMn, BLOG (/PLANNING101/), LEARN OUR WORK GET INVOLVED ABOUT MAPC Creating a "Park Once" District Posted on February 3, 2010 at 6:17 pm. Written by Kit Un (https://www.mapc_or& anningL01/author/kun/), LESS DRIVING, MORE WALKING Even in places where most people drive to their destinations, the most successful downtowns will feature sidewalks full of pedestrians, walking between the barber and the bank, the doctor's office and the post office, stopping for lunch and doing some shopping. Many trips but only one parking space. This is sometimes called a "park once" district, because people are encouraged to park in one place and then make stops on foot rather then driving from one destination to another within the district, as you would with a car -oriented strip mall area. Creating the type of environment where its easy for people to walk between destinations involves both good urban design and parking policies. If each destination is required to provide its own off-street parking, and each building may have parking on all sides, dead zones of surface parking lots are created between destinations that make walking distances longer and walking experiences less pleasant, so that people have every incentive to get back in the car to go a few stores down. Strategies Reduce scattered surface parking lots: • Centralize parking facilities by allowing or requiring developers to pay into a fund to be used for building public parking rather than providing their own on -site parking (see fees -in -lieu). File Types: Report ( I�ttps://www.map_c,org/plannir type report/), Download File:Download .(https://www.mapc.orgLresour library/parking-issues- and-questions/), 75G-71 • Allow redevelopment of surface parking lots if the spaces are not needed or if developers / property owners pay into a fund to be used for building public parking in the future (see fees -in -lieu). • Reduce or eliminate minimum parking requirements for some or all uses downtown. • Count on -street parking towards minimum parking requirements (see flexible minimum requirements). • Establish maximum allowances for how much parking may be built by use and/or by neighborhood (see parking maximums). • Establish flexible parking requirements based on: • alternative mode access (especially proximity of transit, but also pedestrian and bicycle facilities) • expected demographics of residential developments (age, income, other auto -ownership factors) • parking studies providing data to support requests to reduce or increase parking • implementation of programs to reduce the need for parking spaces, such as parking cash out, un-bundled parking, shared parking, priority parking for carpools, or car sharing (see parking and transportation demand management) • Make parking fit better with a pedestrian environment: • Prohibit developers from siting parking between the building and the street (see locating parking strategically). • Build parking structures combined with retail or other commercial uses on the ground floor (see wrapping parking structures in active uses). • Limit curb cuts so that there are fewer places where cars are crossing the sidewalk. • Provide safe, convenient, and comfortable walkways to access parking facilities. • set a high standard for pedestrian protection where vehicles from parking structures exit onto the street. • Require screening and/or landscaping in any surface parking lots visible from pedestrian -oriented streets (see landscaping for shade and air quality). Improve the pedestrian environment generally: 75G-72 • Invest in street trees, benches, landscaping, etc. • Establish design standards for buildings in the district. • Keep streets and sidewalks free of litter. • Provide adequate lighting and police / security that people feel safe walking on the street at any time while stores are open. MAPC I Promoti�lannant Growth & Regionalg The Metropolitan Area Planning Council (MAPC) is the regional planning agency serving the people who live and work in the 101 cities and towns of Metropolitan Boston. Our mission is to promote smart growth and regional collaboration. Our regional plan, Metro Future, guides our work as we engage the public in responsible stewardship of our region's future. » READ MORE (/ABOUT-MAPC), SIGN UP FOR OUR E-NEWSLETTER Enter your email address SIGN UP MEET OUR Staff (/about-mapc/staff/), Board & Council (/about- mapc/board-cou nci I/) DISCOVER OPPORTUNITIES Employment (/about- mapc/employment- opportunities/), Funding, RFPs, Grants (/about-mapc/funding- opportunities/) CONNECT WITH US (https://www.facebook.com/pagE Area-Planning-Council- MAPC/127159693987749) IL (http://twitter.com/#I/mapcmetrc (http://www.youtube.com/user/ry 75G-73 -(bttps://www.mapc.org/�). METROPOLITAN AREA PLANNING COUNCIL JOBS (HTrPS://WWW.GOVERNMENTJOBS.COM/CAREERS/MAPC), PRESS ROOM (/PRESS -ROOM/) LEARN OUR WORK GET INVOLVED feature=watch) 09 (http://www.flickr.com/photos/44 60 Temple Place Boston, MA 02111 Phone: 617.933.0700 (tel:6179330700) Fax: 617.482.7185 CALENDAR (/CALENDAR/), SLOG (/PLANNING101/) ABOUT MAPC SEARCH Search GO 75G-74 https:/Aw .mape.org/resource-library/creating-a-park-once-district/ / 5 G - / 5 5/5 75G-76 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: PUBLIC HEARING — FILED BY HAPHAN GROUP INC. FOR MITIGATED NEGATIVE DECLARATION NO. 2015-14; GENERAL PLAN AMENDMENT NO. 2017-03 TO CHANGE THE DESIGNATION OF THE PROPERTIES AT 2936, 3007, 3013, 3019, 3025 AND 3109 WEST EDINGER AVENUE FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL; TENTATIVE TRACT MAP NO. 2017-04 AND VARIANCE NO. 2017-10 TO ALLOW CONSTRUCTION OF 17 RESIDENTIAL TOWNHOMES LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE {STRATEGIC PLAN NO. 3,2) FIX ' IIIIIIIIIIIII CITY NTMAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on V' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2015-14. 2. Adopt a resolution approving General Plan Amendment No. 2017-03. 3. Adopt a resolution approving Tentative Tract Map No. 2017-04 as conditioned. 4. Adopt a resolution approving Variance No. 2017-10 as conditioned to allow: a) an increase in building height; b) a reduction in the front yard setback; c) deviations to required private open space standards; and d) deviations from required floor plan standards. PLANNING COMMISSION ACTION At its regular meeting on May 13, 2019, the Planning Commission by a vote of 6:0 (Alderete absent) recommended that the City Council approve and adopt Mitigated Negative Declaration, Environmental Review No. 2015-14, General Plan Amendment No. 2017-03 to change the land 75H-1 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 and VAR No. 2017-10 June 4, 2019 Page 2 use designation of the properties at 2935 to 3109 West Edinger Avenue to Medium Density Residential (MR-15), Tentative Tract Map No. 2017-04 to allow the 17-unit development to be for sale units and Variance No. 2017-10 to allow an increase in building height, reduction in the front yard setbacks, modifications to required private open space, and modifications to the floor plans. The Planning Commission recommended that a Tentative Tract Map condition be amended, to implement a resident parking management program incorporating the use of parking stickers on vehicles registered to the site (Exhibit A). DISCUSSION General Plan Amendment The 1.22-acre property at 3025 West Edinger Avenue is currently designated as Low Density Residential (LR-7), which allows a maximum density of seven dwelling units per acre. The intent of the low density designation is to allow for the development of single-family homes. However, the zoning for the site (R-2) allows for two-family dwellings and townhomes. The applicant is requesting a General Plan Amendment to Medium Density Residential (MR-15) which would allow a maximum of 15 dwelling units per acre (18 units for a 1.22-acre site). The associated development project is a 17-unit townhome project (14 dwelling units per acre) which is consistent with the MR-15 prescribed density. The Planning Division is proposing to amend the land use designation of four adjacent properties to the east (2935, 3007, 3013, and 3019 West Edinger Avenue) to also be Medium Density Residential (MR-15), which will be consistent with the existing multi -family uses. The amendment will create a block of MR-15 properties which will encourage a cohesive development pattern. Additionally, the amendment supports planning practices to use multi -family uses as a buffer between single-family dwellings and to focus higher intensity uses and development along arterial roadways such as Edinger Avenue (Exhibit C). Figure 1: Existing General Plan Mao 0 MV6HRO TV_ jjjpppggg^^^--- ooRc__-iiiwo�v � MNGERA%rMUE Figure 2: Proposed General Plan Map S-[LOfRAV � ]I a�jC 1` ouRCHAao nv"" e EOINGER AVENUE Note: Subject properties shown in blue. ® LR-7 (Low Density Residential) ® MR-15 (Medium Density Residential) 75H-2 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 and VAR No. 2017-10 June 4, 2019 Page 3 Tentative Tract Map The applicant is seeking approval of a tentative tract map to consolidate three existing lots and to subdivide the 1.22-acre parcel into 17 for sale residences. In conjunction with the tentative tract map, the applicant will construct a 17-unit townhouse development. Since this application is only to merge and subdivide the lots into for sale units, no major issues were identified with the proposal. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the SAMC and General Plan, including lot size, lot frontage, and lot coverage. No adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. In addition, conditions of approval are included requiring the applicant to enter into a property maintenance agreement and to submit the Covenant, Conditions and Restrictions (CC&Rs) to the Planning Division for review. Based on community comments received at the August 2018 neighborhood meeting, the CC&Rs include provisions to keep trash enclosure lids closed and to plant and maintain trees and shrubs at the side and rear property lines to preserve privacy for the adjacent single-family homes. Finally, the tentative map was found to be consistent with the California Subdivision Map Act and Chapters 34 and 41 of the Municipal Code (Exhibit D). Variance Requests The applicant is requesting approval of several variances for the proposed townhome project (Exhibit E). The townhouse standards were adopted by the City in 1991 and prescribed detailed development standards. Over the past 30 years building types, development conditions and community factors have changed resulting in requests for variances to the townhouse standards. For example, the Avenue E, a 44-unit townhome project east of the site at 2823-2931 West Edinger Avenue was approved with similar variances for building height, yards and floor plan configuration/access. The standards and requested variance are discussed below. Building Height Section 41-277 of the SAMC limits the height of townhomes to 27 feet and no more than two -stories in height. The applicant is requesting a variance to allow three-story buildings that are 34-feet, 5- inches in height. A three story floor plan will allow each unit to have a private garage, common living areas and two to three bedrooms. The single-family dwellings to the north and west are one-story in height, but the zoning permits up to two -stories in height. The multi -family development to the west is two -stories in height. The Avenue E condominium project is 2 and 3-stories in height. The site plan has been designed to cluster the buildings and place the buildings further away from the existing residential uses with a 45-foot minimum rear setback and 30-foot minimum side setbacks to preserve privacy. In addition, the size and number of windows on the third story have been limited. Finally, a condition of approval is included to require trees and shrubs along the rear and side property lines to screen views of the property and provide additional privacy for the adjacent single- family homes. 75H-3 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 and VAR No. 2017-10 June 4, 2019 Page 4 Front Yard A front yard of 20 feet is required along Edinger Avenue per SAMC Section 41-279. The project requires an eight -foot irrevocable offer of dedication to widen Edinger Avenue to its ultimate right-of- way of 120-feet. Although the right-of-way is not currently needed, the dedication will ultimately reduce the size of the project site. Setbacks for yards are measured from the future property line; therefore, after the dedication the setback along Edinger Avenue will be 10 feet for the two units along the front property line. The timing of the future right of way improvements is to be determined; therefore, an 18 foot landscaped setback will be provided in the interim. The units along Edinger Avenue will have ground level entry doors and private patios that front the street to help create a physical presence and increase the number of "eyes on the street." The yard will be landscaped with trees and shrubs and have pedestrian walkways and connections to the street. It is not anticipated that the request for a 10-foot reduction in the yard will affect the aesthetics of the project, street or neighborhood. Open Space The private open space requirement for townhome projects is specified in Section 41-283 of the SAMC. Typically, open space is required based on a minimum square footage or percentage of the development site. However, the provisions for townhomes goes into more detail. For private open space the code specifies that the open space shall be at the ground level, a minimum of 10 feet by 10 feet in each direction and accessible from the kitchen, dining area, den and/or living room. As proposed, each unit has a minimum of 250 square feet of private open space, but the private open space is provided through a combination of ground floor patios and upper level balconies (less than 10 feet in each direction) that are accessible from both living areas and bedroom. The variance for open space provides flexibility in the design and will not be detrimental to the public or adversely affect the General Plan. Furthermore, the project complies with the requirements for common open space and is located across the street from Centennial Regional Park which can be utilized for recreational activities. Although the private open space requirements are not met when the strict application of the code is applied, there is private open space for each unit and an ample amount of common open space that will provide opportunities for casual social interactions and recreational activities. Floor Plans Section 41-286(a) of the townhome standards requires a minimum of 40 percent of the living area to be accessible from the ground level. The intent of the standard is to provide direct ground floor access to each unit and to minimize aesthetic concerns related to outdoor stairwells and second story entries found in older multi -unit developments. As proposed, 14 units will have living space (approximately 400 square feet — 20 percent) on the ground floor; however, three units do not have living space on the ground floor, but a landing that leads to a staircase to the upper floors. Providing tuck under garages creates a challenge in providing both parking and a large portion of living area on the first level. It is not anticipated that the proposed floor plan configuration will affect the aesthetics or function of the project. 75H-4 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 and VAR No. 2017-10 June 4, 2019 Page 5 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (MND) Environmental Review No. 2015-14 with technical studies (traffic study, air quality and greenhouse gas emissions analysis, Phase I site assessment, preliminary water quality management plan) was prepared for the project. No areas of significant impact were determined from the construction or operation of the proposed project for agriculture and forestry, biology, cultural resources and mineral resources. A less than significant impact would result from the construction or operation of the proposed project to aesthetics, air quality, geology greenhouse gas emissions, hazards, hydrology and water quality, land use planning, population and housing, public services, recreation, transportation/traffic, tribal resources, and utilities. Noise impacts due to the vehicular noise from Edinger Avenue were found to be less than significant with the implementation of a mitigation measure to provide noise barriers for the exterior patios (Exhibit B). On June 11, 2018 the draft MND was circulated to interested parties and the notice of intent was published in the Orange County Register and posted with the County of Orange Clerk. The draft MND was available for public review at the Santa Ana City Hall, Main Library, and on the project webpage on the City's website. No comments were received that would result in an impact or require a mitigation measure. Table 3: Public Notification & Community Outreach Public Notification & Community;Outreach a .x Public Notification & Community Outreach Notification by mail was mailed to all property owners/occupants Notification by mail within 500 feet of the project site, and interested parties, on May 17, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on May 17, 2019. Sunshine Meeting -On April 18, 2015 at 10:00 a.m. a Sunshine Ordinance Community Meeting was held in accordance with the provisions of the City's Sunshine Ordinance. A total of 9 members of the public attended. The applicant provided all the required information to the City after the meeting. -On June 8, 2016, the developer attended the Windsor Village & Windsor Village North Neighborhood Associations meeting to review a revised design for a proposed 18-unit development plan. -On August 16, 2018, staff attended the Windsor Village & Windsor Village North Neighborhood Associations meeting to give a status update on the project. -On May, 16, 2019, staff attended a joint Windsor Village, Windsor Village North, Valley Adams, Centennial Park, Laurelhurst, and Shadow Run neighborhood meeting to give an update on the project. 75H-5 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 and VAR No. 2017-10 June 4, 2019 Page 6 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT Based on the development of the 17 townhomes, the City is expected to generate approximately $140,000 in permit fees. The project will also increase the property tax for the individual units. The properties are currently vacant and have a taxable value of approximately $1.1 million. Upon completion of the project, the estimated taxable value of the property is approximately $10 million. Based on the $10 million valuation, the estimated annual tax revenue to the City is approximately $11,000 (not including a 2% annual increase). Q Minh Thai Executive Director Planning and Building Agency SK:la SARFCAM19\5-04-19WA 2017-03 - 3025 W Edinger - Haphan Townhonnes\PH - 3025 W. Edinger Ave - GPA 2017-04 and MND.doc Exhibits: 1. Planning Commission Staff Report and Planning Commission Resolution with draft City Council Resolutions 2. MND Resolution 3. General Plan Amendment Resolution 4. Tentative Tract Map Resolution 5. Variance Resolution 75H-6 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 13, 2019 TITLE: PUBLIC HEARING — FOR MITIGATED NEGATIVE DECLARATION NO. 2015-14, GENERAL PLAN AMENDMENT NO.2017-03, TENTATIVE TRACT MAP NO.2017-04 AND VARIANCE NO.2017-10 TO ALLOW CONSTRUCTION OF 17 RESIDENTIAL TOWNHOMES LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE (STRATEGIC PLAN NO. 3,2) Prepared by Selena Kelaher, AICP Executive Director RECOMMENDED ACTION EXHIBIT 7 PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager Adopt a resolution recommending that the City Council take the following actions: 1. and Reporting Program, Environmental Review No. 2015-14; and 2. Adopt a resolution approving General Plan Amendment No. 2017-03. 3. Adopt a resolution approving Tentative Tract Map No. 2017-04 as conditioned. 4. Adopt a resolution approving Variance No. 2017-10 as conditioned to allow: a) an increase in building height; b) a reduction in the front yard setback; c) deviations to required private open space standards; and d) deviations from required floor plan standards. Executive Summary Colleen Bathgate, representing Haphan Group Inc., is requesting approval of several entitlements to allow a 17-unit condominium project on a vacant lot at 3025 to 3109 West Edinger Avenue. The entitlements include a General Plan Amendment from Low Density Residential (LR-7) to Medium Density Residential (MR-15), tentative tract map to consolidate three existing lots and subdivide the new condominium development, and variances to allow an increase in building height, reduction In the front yard setbacks, modifications to required private open space, and modifications to the floor plans. The applicant is also requesting approval of a Mitigated Negative Declaration as it has been determined that the project would result in a less than significant impact with the implementation of a mitigation measure for noise. 75H-7 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 & VAR No. 2017-10 May 13, 2019 Page 2 In conjunction with the applicant's request, the City is proposing to change the General Plan land use designation of four adjacent properties to the east (2935, 3007, 3013, and 3019 West Edinger Avenue) from LR-7 to MR-15. Staff is recommending approval of the project to facilitate development of a vacant lot with a townhome development. The project will not negatively impact the surrounding community due to site planning that is sensitive to the nearby residential neighborhood, compatibility between land uses (adjacent multi -family uses to the west) and being located on an arterial roadway Edinger Avenue. Table 1: Proiect and Location Information Item Information Project Address 3025-3109 West Edinger Avenue Nearest Intersection Mohawk Drive and Edinger Avenue Exiting General Plan Designation Low Density Residential (LR-7) Proposed General Plan Designation Medium Density Residential (MR-15) Existing Zoning Designation Two -Family Residence (R-2) Surrounding Land Uses North Single-family Residential East Multi -family Residential South Open Space West Single-family Residential Property Size 53,129 square feet (1.22 acres) Existing Site Development Vacant Use Permissions/Proposed Development Townhouse Standards Variances Zoning Code Sections Affected Uses Section 41-247 Development Standards Section 41-273 through 41-288 Prolect Description The applicant Is proposing to construct 17 townhome units on a 1.22-acre vacant site. The project consists of three buildings (one 9-plex and two 4-plexes) built around a landscaped courtyard. The buildings are three levels which allow for stacked floor plans. Typical floor plan configurations include a 2-car garage with optional den/bedroom on the first floor, common living areas on the second floor and two to three bedrooms on the third floor. There are three plan types which range from 1,170 to 2,021 square feet in size. Private open space is provided for each unit through a combination of ground floor patios and upper floor balconies. The 4,415 square foot common area courtyard will be improved with landscaping, benches, fountains, shade structures and barbeques. Vehicular access is provided via the gated entry on Edinger Avenue which leads to the main drive aisle and 34 open parking spaces. The second driveway allows for egress only on Edinger Avenue. The buildings have a contemporary design with various materials including lap siding, stucco, stone 75H-8 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 & VAR No. 2017-10 May 13, 2019 Page 3 veneer, metal awnings and canopies. In addition, the buildings have been designed to have recessed floors, projections and balconies to add visual interest to the design. The project also requires an eight -foot wide dedication along Edinger Avenue, a painted median on Edinger Avenue restricting access to the site to right turns in and out, and the installation of "no left turn" signs on - site at the driveways (Exhibit 6 through 8). Prolect Background and Chronology In 2015, the property owner submitted an application to develop the site with 15 units which would require a General Plan Amendment to change the land use designation of the site to Medium Density Residential (15 dwelling units per acre). In accordance with the Sunshine Ordinance, the applicant held a community meeting on April 18, 2015, to review plans for a 15- unit, two-story development consisting of duplex and single-family buildings. Between 2015 and 2016 the applicant revised the proposal to add 3 additional units and redesigned the project to include three-story townhomes. On June 8, 2016, the developer attended the Windsor Village & Windsor Village North Neighborhood Associations meeting to review the revised building design for a proposed 18-unit development plan. In addition, on August 16, 2018, staff attended the Windsor Village & Windsor Village North Neighborhood Associations meeting to give a status update on the project. The community voiced support of project and development of the site. Based on community comments received at the meeting, the project has been further refined to locate the trash enclosures to an internal location away from the adjacent single-family dwellings. In addition, recently the applicant revised the plans to eliminate one unit, add additional guest parking to comply with the townhome off-street parking standard of 4 parking spaces per unit and to comply with private open space standards. Table 2: Townhome Development Standards i •`_ TOWNHOMESTANDARDS' Standard Required by.SAMC Provided: Minimum Development Site 12,000 square feet Complies; 53,129 square feet Building Height 27 feet; 2-stories Does not comply; 34 feet, 5 inches; 3- stories Lot Coverage 50% maximum Complies; 30% Front Yard 20 feet minimum Does not comply; 10 feet Side Yard 10 feet minimum Complies; 28 feet, 5 Inches Rear Yard 15 feet minimum Complies; 45 feet, 2 inches Off-street Parking 68 spaces 2 spaces per unit in a garage 2 guest spaces per unit Complies; 68 spaces 2 spaces per unit in a garage (34 spaces) 2 guest spaces per unit 34 spaces) 75H-9 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 & VAR No. 2017-10 May 13, 2019 Page 4 TOWNHOME STANDARDS Standard Required by SAMC Provided Private Open Space; 250 square feet per unit, minimum 10' x 10' Does not comply; (at the ground level, accessible Open space is provided on the second Open Space from the kitchen, dining area, den, level and less than 10' in each direction family/living room Common Open Space; 4,250 square feet (250 square feet per Complies; 4,415 square feet unit, not including yards) Building Separation 20 feet between structures Complies; 20 feet, 3 inches 40% of living area required at Does not comply; Access ground floor Plan 1 required 468 SF plan 1 = 81 SF (7%) %) Plan 2 requires 800 SF Plan 2 = 420 SF Plan 3 required 808 SF Plan 3 = 422 SF (21 %) Prolect Analysis General Plan Amendment The project site is currently designated as Low Density Residential (LR-7) which allows for a maximum of seven dwelling units per acre. The intent of the low density designation is to allow for the development of single-family homes. However, the zoning for the site (R-2) allows for two- family dwellings and townhomes (three or more attached units). Therefore, applicant is requesting a General Plan Amendment to Medium Density Residential (MR-15) which allows a maximum of 15 dwelling units per acre (18 units for a 1.22-acre site). The proposed project is 17 unit (14 dwelling units per acre) which is consistent with the MR-15 prescribed density. The Planning Division is proposing to amend the land use designation of the four properties to the east (3019, 3013, 3007 and 2935 West Edinger Avenue) to also be Medium Density Residential. The Medium Density Residential (MR-15) designation is consistent with the existing multi -family uses to the east. The amendment will create a block of MR-15 properties which will encourage a cohesive development pattern. Additionally, the amendment supports planning practices to use multi -family uses as a buffer between to single-family dwellings and to focus higher intensity uses and development along arterial roadways such as Edinger Avenue. The project supports several of the goals and policies of the General Plan, by providing housing and creating a project which is harmonious in scale and character with existing development in the area. Therefore, text and map amendments have been prepared for the Planning Commission's consideration and recommendation to the City Council. 75H-10 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 & VAR No. 2017-10 May 13, 2019 Page 5 Tentative Tract Ma Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative tract maps are approved when it can be shown that findings can be made in support of the request. Specifically, findings related to the proposal being consistent with the General Plan, the site is in conformance with all applicable City ordinances, the project site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property must be made. Using this information staff has prepared the following analysis, which, in turn forts the basis for the recommendation contained in this report. In analyzing the applicant's request, staff believes that the following analysis warrants approval of the tentative tract map. The applicant is seeking approval of a tentative parcel map to consolidate three existing lots and to subdivide the 1.22-acre parcel into 17 condominiums. In conjunction with the tentative tract map, the applicant will construct a 17-unit townhouse development. Since this application is only to subdivide the lots, no major issues were identified with the proposal. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the SAMC and General Plan, Including lot size, lot frontage, and lot coverage. No adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. In addition, conditions of approval are included requiring the applicant to enter into a property maintenance agreement and to submit the Covenant, Conditions and Restrictions (CC&Rs) to the Planning Division for review. Based on community comments received at the August 2018 neighborhood meeting the CC&Rs include provisions to keep trash enclosure lids closed and to plant and maintain trees and shrubs at the side and rear property lines to preserve privacy for the adjacent single-family homes. Finally, the tentative map was found to be consistent with the California Subdivision Map Act and Chapters 34 and 41 of the Municipal Code. Variance Requests The applicant is requesting approval of several variances for the proposed townhome project (Exhibit 4). The townhouse standards were adopted by the City in 1991 and prescribe detailed development standards. Over the past 30 years building types, development conditions and community factors have changed resulting In requests for variances to the townhouse standards. For example, the Avenue E, 44-unit condominium project, east of the site at 2823-2931 West Edinger Avenue was approved with similar variances for building height, yards and floor plan configuration/access. Table 2 indicates the standards for which a variance is required. The standards and requested variance are discussed below. 75H-11 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 & VAR No. 2017-10 May 13, 2019 Page 6 Building Height Section 41-277 of the SAMC limits the height of townhomes to 27 feet and no more than two -stories in height. The applicant is requesting a variance to allow three-story buildings that are 34-feet, 5- inches in height. A three story floor plan will allow each unit to have a private garage, common living areas and two to three bedrooms. The single-family dwellings to the north and west are one-story in height, but the zoning permits up to two -stories in height. The multi -family development to the west is two -stories in height. The Avenue E condominium project is 2 and 3-stories in height. The site plan has been designed to cluster the buildings and place the buildings further away from the existing residential uses with a 45-foot minimum rear setback and 30-foot minimum side setbacks to preserve privacy. In addition, the size and number of windows on the third story have been limited. Finally, a condition of approval is included to require trees and shrubs along the rear and side property lines to screen views of the property and provide additional privacy for the adjacent single- family homes. Front Yard A front yard of 20 feet Is required along Edinger Avenue per SAMC Section 41-279. The project requires an eight -foot irrevocable offer of dedication to widen Edinger Avenue to its ultimate right-of- way of 120-feet. Although the right-of-way is not currently needed, the dedication will ultimately reduce the size of the project site. Setbacks for yards are measured from the future property line, therefore after the dedication the setback along Edinger Avenue will be 10 feet for the two units along the front property line. The timing of the future right of way improvements is not yet determined; therefore, an 18 foot landscaped setback will be provided in the interim. The units along Edinger Avenue will have ground level entry doors and private patios that front the street to help create a physical presence and increase the number of "eyes on the street" The yard will be landscaped with trees and shrubs and have pedestrian walkways and connections to the street. It is not anticipated that the request for a 10-foot reduction in the yard will affect the aesthetics of the project, street or neighborhood. Furthermore, the Avenue E condominium project has a setback of seven feet (with eight -foot irrevocable offer) for which a variance was approved. Open Space The private open space requirement for townhome projects is specified in Section 41-283 of the SAMC. Typically, open space is required based on a minimum square footage or percentage of the development site. However, the provisions for townhomes go into more detail. For private open space the code specifies that the open space shall be at the ground level, a minimum of 10 feet by 10 feet in each direction and accessible from the kitchen, dining area, den and/or living room. Each unit has a minimum of 250 square feet of private open space, but the private open space is provided through a combination of ground floor patios and upper level balconies (less than 10 feet in each direction) that are accessible from both living areas and bedroom. 75H-12 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 & VAR No. 2017-10 May 13, 2019 Page 7 The variance for open space provides flexibility in the design and will not be detrimental to the public or adversely affect the General Plan. Furthermore, the project complies with the requirements for common open space and is located across the street from Centennial Regional Park which can be utilized for recreational activities. Although the private open space requirements are not met when the strict application of the code is applied, there is private open space for each unit and an ample amount of common open space that will provide opportunities for casual social interactions and recreational activities. Floor Plans Section 41-286(a) of the townhome standards requires a minimum of 40 percent of the living area to be accessible from the ground level. The intent of the standard is to provide direct ground floor access to each unit and to minimize aesthetic concerns related to outdoor stairwells and second story entries found in older multi -unit developments. As proposed, 14 units will have living space (approximately 400 square feet — 20 percent) on the ground floor, however three units do not have living space on the ground floor, but a landing that leads to a staircase to the upper floors. Providing tuck under garages creates a challenge in providing both parking and a large portion of living area on the first level. It is not anticipated that the proposed floor plan configuration will affect the aesthetics or function of the project. Table 3: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA, Strategic Plan Alignment,: and Public • Notification & Community Outreach "CEQA: 1 . A Mitigated Negative Declaration (MND) Environmental Review No. 2015-14 with technical studies (traffic study, air quality and greenhouse gas emissions analysis, Phase I site assessment, preliminary water quality management plan) was prepared for the project. No areas of significant impact were determined from the construction or operation of the proposed project for agriculture and forestry, biology, cultural resources and mineral CEQA Type resources. A less than significant impact would result from the construction or operation of the proposed project to aesthetics, air quality, geology greenhouse gas emissions, hazards, hydrology and water quality, land use planning, population and housing, public services, recreation, transportation/traffic, tribal resources, and utilities. Noise impacts due to the vehicular noise from Edinger Avenue were found to be less than significant with the Implementation of a mitigation measure to provide noise barriers for the exterior patios exterior noise limited to 65 dBa CNEL for the yards along Edinger Avenue). On June 11, 2018 the draft MND was circulated to interested parties and the notice of Public Notification intent was published in the Orange County Register and posted with the County of Orange Clerk. The draft MND was available for public review at the Santa Ana City Hail, Main Library, and on the project web a e on the Cit 's website. Strat_eghcPlan AlignenL Goal(s), Policy or 3, 2 (create new opportunities for business/job growth and encourage private development Policies through new General Plan and Zoning Ordinance policies) ` -. Public Notification & CornmunityOutreach Required Measures Site posting A public noticed was posted on the project site on March 15, 2019. 75H-13 MND No. 2015-14. GPA No. 2017-03, TTM No. 2017-04 & VAR No. 2017-10 May 13, 2019 Page 8 CEQA, Strategic Plan Ali nment, and Public Notification & L;ommunitv Outreach Notification by mail was mailed to all property owners/occupants Notification by mail within 500 feet of the project site, and interested parties, on March 15, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on March 15, 2019. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on April 18, 2015 at 10:00 a.m. in accordance with the provisions of the City's Sunshine Ordinance. A total of 9 members of the public attended. The applicant provided all the required information to the City after the meeting (Exhibit 7). On June 8, 2016, the developer attended the Windsor Village & Windsor Village North Neighborhood Associations meeting to review a revised design for a proposed 18-unit development plan. On August 16, 2018, staff attended the Windsor Village & Windsor Village North Nei hborhood Associations meeting to give a status update on the pr9ject. The Windsor Village & Windsor Village North Neighborhood Associations chairpersons Additional Measures were contacted 10 days prior to the public hearing. At the time this report was printed, no issues of concern were raised regardingthis application. Economic Development Based on the development of the 17 townhomes, the City is expected to generate approximately $140,000 in permit fees. The project will also increase the property tax for the individual units. The properties are currently vacant and have a taxable value of approximately $1.1 million. Upon completion of the project, the estimated taxable value of the property is approximately $10 million. Based on the $10 million valuation, the estimated annual tax revenue to the City is approximately $11,000 (not including a 2% annual increase). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommends to the City Council a resolution approving Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2015-14 and General Plan Amendment No. 2017-03 and that the Planning Commission approves Tentative Tract Map No. 2017-04 and Variance No. 2017-10 as conditioned. XkgAw, Selena Kelaher. AICP Associate Planner SK:sb 75H-14 MND No. 2015-14, GPA No. 2017-03, TTM No. 2017-04 & VAR No. 2017-10 May 13, 2019 Page 9 Attachments: Exhibit 1 — Planning Commission Resolution Exhibit 2 — Aerial & Vicinity Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plans Exhibit 6 — Elevations Exhibit 7 — Sunshine Meeting Minutes 75H-15 LS 5.13.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING TO THE CITY COUNCIL APPROVAUADOPTION OF THE FOLLOWING: (1) MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL REVIEW NO. 2015-14) AND A MITIGATION MONITORING AND REPORTING PROGRAM; (2) GENERAL PLAN AMENDMENT NO. 2017-03; (3) TENTATIVE TRACT MAP NO. 2017-04, AS CONDITIONED; AND (4) VARIANCE NO. 2017-10, AS CONDITIONED FOR THE TOWNHOME PROJECT LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Colleen Bathgate representing Haphan Group, Inc. (Applicant) is requesting approval of General Plan Amendment No. 2017-03, Tentative Tract Map No. 2017-04, as conditioned and Variance No. 2017-10, as conditioned in order to facilitate construction of 17 townhomes on a 1.22-acre site at 3025 and 3109 West Edinger Avenue. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, requires the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified a mitigation measure that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared a Mitigated Negative Declaration (MND), Environmental Review No. 2015-14 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of a mitigation measure to address noise by providing noise barriers to limit Resolution No. 2019-xx EXHIBIT 1 Page 1 of 5 75H-16 exterior noise limited to 65 dBa CNEL for the eight southern yards. E. On June 11, 2018, Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2015-14 was published in the Orange County Register newspaper and circulated to interested parties. F. The documents related to the Mitigated Negative Declaration were made available for a 20-day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. The mitigation measure for noise set forth in the Mitigated Negative Declaration is fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program. H. The Applicant is requesting approval of General Plan Amendment No. 2017- 03 to amend the General Plan land use designation of the properties at 3025 and 3109 West Edinger Avenue from Low Density Residential (LR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate construction of a 17-unit townhome development on a 1.22-acre site. The City of Santa Ana is proposing to change the land use designation of four adjacent properties at 2935, 3007, 3013, and 3019, West Edinger Avenue totaling 1.64-acres from Low Density Residential (LR-7) to Medium Density Residential (MR-15) and to update text portions of the City s Land Use Element to reflect this change. J. The Applicant is requesting approval of Tentative Tract Map No. 2017-04, as conditioned to consolidate three existing lots into one development and subdivide the site for 17 condominium units on a 1.22-acre site at 3025 and 3109 West Edinger Avenue. K. The Applicant is requesting approval of Variance No. 2017-10 as conditioned, for this project to allow: a) increase in building height, b) reduction in the front yard setback, c) deviations to private open space and d) deviations to the living areas to be primarily on the upper floors as set forth by the Santa Ana Municipal Code. L. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Mitigated Negative Declaration, Environmental Review No. 2015- 14, and the related Mitigation Monitoring and Reporting Program for the project; General Plan Amendment No. 2017-03, Tentative Tract Map No. 2017-04 as conditioned, and Variance No. 2017-10, as conditioned; at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Resolution No. 2019-xx Page 2 of 5 75H-17 Section 2. The Planning Commission has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration, Environmental Review No. 2015-14, prepared with respect to this project. Pursuant to CEQA Guidelines Section 15074(a), the Planning Commission considered the analysis and conclusion of the MND as well as the mitigations outlined in the Mitigation Monitoring and Reporting Program. The Planning Commission recommends, as a result of its consideration and the evidence presented at the hearings on this matter, that the City Council determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the Planning Commission recommends that the City Council find that there Is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment and the MND reflects the independent judgment and analysis of the City Council. Section 3. This Planning Commission of the City of Santa Ana after conducting the public hearing hereby recommends that the City Council adopts a resolution adopting and approving the MND and adopts the Mitigation Monitoring and Reporting Program (Attachment A), and direct that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law; recommends that the City Council approve General Plan Amendment No. 2017-03 (Attachment B); recommends that the City Council approve Tentative Tract Map No. 2017-04, as conditioned (Attachment C); and recommends that the City Council approve Variance No. 2017-10, as conditioned (Attachment D). This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 13, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 5. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and Resolution No, 2019-xx Page 3 of 5 75H-18 such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this 131' day of May 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson Resolution No. 2019-xx Page 4 of 5 75H-19 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 13, 2019. Date: Commission Secretary City of Santa Ana Resolution No. 2019-xx Page 5 of 5 75H-20 LS 5.13.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2015-14 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; FOR GENERAL PLAN AMENDMENT NO. 2017-03, TENTATIVE TRACT MAP NO. 2017-04 AND VARIANCE NO. 2017-10 FOR THE TOWNHOME PROJECT LOCATED AT 3025 WEST EDINGER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Colleen Bathgate, representing Haphan Group, Inc. (Applicant), is requesting approval of General Plan Amendment No. 2017-03, Tentative Map No. 2017-04 and Variance No. 2017-10 in order to facilitate construction of 18 townhomes on a 1.22-acre site at 3025 West Edinger Avenue. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 at. seq., as amended, and the CEQA Guidelines require the evaluation of -environmental impacts in connection with proposals for discretionary projects. C. Pursuant to Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified a mitigation measure that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared a Mitigated Negative Declaration (MND), Environmental Review No. 2015-14 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of a mitigation measure to address noise. E. On June 11, 2018, Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2015-14 was published in the Orange County Register newspaper and circulated to interested parties. EXHIBIT 1 -ATTACHMENT A Resolution No. 2019-xx Page 1 of 4 75H-21 F. The documents related to the Mitigated Negative Declaration were made available for a 20-day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. The mitigation measure set forth in the Mitigated Negative Declaration is fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. H. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt Mitigated Negative Declaration, Environmental Review No. 2015-14 and adopt the related Mitigation Monitoring and Reporting Program for the project. On June 4, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Mitigated Negative Declaration, Environmental Review No. 2015-14, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration, Environmental Review No. 2015-14, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The MND reflects the City Council's Independent judgment and analysis. Section 3. The City Council hereby adopts and approves the MND and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 4, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment Resolution No. 2019-xx Page 2 of 4 75H-22 characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 5. The MND and Mitigation Monitoring and Reporting Program, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center Plaza, Santa Ana, California 92802. The custodian of these records is Norma Mitre, Acting City Clerk for the City. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments; agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 7. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this _ day of 2019. Miguel A. Pulido Mayor Resolution No. 2019-xx Page 3 of 4 75H-23 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 4 of 4 75H-24 EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM As noted within the Initial Study/Mitigated Negative Declaration, there is a single mitigation measure that will be implemented to avoid or lessen the environmental impacts associated with the 3025 W. Edinger Avenue Townhomes Project. Public Resources Code § 21081.6 requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to the proposed development: ... the public agency shall adopt a reporting or monitoring program for the changes to the project which # has adopted, or made a condition of project approval, in order to mitigate or avoid significant effects on the environment. Public Resources Code Section § 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting/monitoring requirements enforced during Project implementation must be defined before adoption of a Mitigated Negative Declaration. The mitigation monitoring table provided below lists the mitigation measure that is included as a condition of approval for the Project. This mitigation measure corresponds with the one identified in the Initial Study/Mtigated Negative Declaration.. The City of Santa Ana Planning and Building Agency will have the primary responsibility for monitoring and reporting implementation of the mitigation measure. 75H-25 § E 0 . ci n } . #f k72-12 s £ 2� |=#/a g E k/ ��®®)!#$■« & f£ a�££a&aa��§§rE fe* a.®\t Cl)JI/a \ §. �� o ƒ■ © ®;a»3% F y.'2 g«e=�■ f§� a|a■f§ =a 2 0= uj � )§ 2.9 M ))§74�- £ƒ 2 A /§$/;_§ U) - � CD00 § k- Pik 2 z ®:S)a J 3 -5 � k ) k.2 2 m�Of # ]a®k) �«0 0-zF-. . LOU - 75H- § MITIGATED NEGATIVE DECLARATION The Mitigated Negative Declaration (MND) and Technical Appendices are available at the following locations: Online: https://www.santa-ana.oro/sites/defauItlfiles/Documents/FullDoc pdf Paper Copies: Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 HAPHAN TOWNHOMES MITIGATED NEGATIVE DECLARATION LINK 75H-27 LS 5.13.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2017-03 FOR THE PROPERTIES LOCATED AT 2935, 3007, 3013, 3019, 3025 AND 3109 WEST EDINGER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Colleen Bathgate, representing Haphan Group, Inc. ("Applicant"), is requesting approval of General Plan Amendment No. 2017-03 to amend the General Plan land use designation of the properties at 3025 and 3109 West Edinger Avenue from Low Density Residential (LR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate construction of a 17-unit townhome development on a 1.22-acre site. B. In addition, the City of Santa Ana is proposing to change the land use designation of four properties at 2935, 3007, 3013, and 3019, West Edinger Avenue totaling 1.64-acres from Low Density Residential (LR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change. C. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution adopting Mitigated Negative Declaration, Environmental Review No. 2015-14 and approve General Plan Amendment No. 2017-03. D. On June 4, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2017-03, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this resolution occurred. E. General Plan Amendment No. 2017-03 has been filed to amend the General Plan land use designation of the properties at 3025 and 3109 West Edinger Avenue from Low Density Residential (LR-7) to Medium Density Residential (MR-15). In addition, the City of Santa Ana is proposing to change the land use designation of the properties at 2935, 3007, 3013, and 3019 West Edinger from Low Density Residential (LR-7) to Medium Density Residential Resolution No. 2019-xx EXHIBIT 1 - ATTACHMENT B Page 1 of 4 75H-28 (MR-15) and to update text portions of the City's Land Use Element to reflect this change. The existing General Plan land use designation for the project area is Low Density Residential (LR-7.) which applies to lower density residential land uses characterized by single-family homes with a maximum allowable intensity of seven (7) dwelling units per acre. 2. The proposed General Plan land use designation for the project area is Medium Density Residential (MR-15) which applies to multiple - family developments characterized by duplexes, apartments, and townhomes with a maximum allowable intensity of 15 dwelling units per acre. 3. The general plan amendment will support several goals and policies of the General Plan, including the Land Use Element and Housing Element. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 to maintain and foster a variety of residential land uses. The project will provide 17 for -sale townhome units. Policy 2.10 to support new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the multi -family uses to the east along Edinger Avenue. The project has been designed to be setback away from the residential properties to the north, with limited windows on the upper stories and trees to be planted to screen views. Policy 3.1 to support development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials along a major arterial roadway. Housing Element, Goal 2 to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, Income levels, and are groups to foster an inclusive community. Policy 2.5 to facilitate diverse types, prices and size of housing, including single-family homes, apartments, townhomes, mixed/multiuse housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale townhome product with units that range from two to three bedrooms with 1,170 to 2,021 square feet in size. F. The Planning Commission has weighed and balanced the General Plan's policies, and has determined that based upon this balancing that General Plan Amendment No. 2017-03 is consistent with the purpose of the general plan. Resolution No. 2019-xx Page 2 of 4 75H-29 Section 2. The Planning Commission of the City of Santa Ana recommends that the City Council adopt a resolution approving General Plan Amendment No. 2017- 03. This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 13, 2019 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND), Environmental Review No. 2015-14, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2017-03. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 4, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and Instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. Resolution No. 2019-xx Page 3 of 4 75H-30 City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this_ day of , 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 4 of 4 75H-31 City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the apprmed general plan amendments that lave been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997- 05): uvA M14472(Octber21,2014) GPA 2DD641(OC4ber 22000) GPA 2001-03(February 19,2002) 4.2018) GPA 2014-01(Jutce 3, 2014) GPA 2005-01(Deea nbar 5, 2005) GPA 2001-02 (January T. 2002) 18.2018) GPA 201IQ (March 19. 2t7121 raA 2MAmnu.u.r.,. r, , ,.... µ.- 02 .. _ .. GPA 2015-01(May 15. 201 A GPA 201601 GPA 2017-02(Decanber 19.2017J GPA 200E-02 GPA 2017-01 (Ju s 20. 2017) GPA 2007-03 GPA 20IH3(February 21. 2017) GPA 2008-01 GPA 201602 (Nay 17, 2016) GPA 2004-03 GPA 201601(A4)ri 19. 2016) r,PA 2M710 GPA 2004-01(Ap95.200%e3 Passed by ATTACHMENT B - EXHIBIT A GPA 200002 GPA 1999-02 GPA 1999-01 GPA 199E-04 GPA 1998-05 GPA 1998-01 75H-32 ki 8 4 6 C A i cc 75H-33 G L4 o0 y N s Cc LL F '€ @ dE �a _ 8s_ g 5 aa IR ROOM nnI aaaaa_aaa:g+_ag__; a 75H-34 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City 6( •452.2Er,45+6 acres) representing 47 percent of the City's total land area. The Low -Medium Density Residential (LMR-I1) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of364.7362.4 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CITY OF SANTA ANA GENERAL PLAN A-19 75H-35 LAND USE ELEMENT As indicated in Table A-4, between 76 5157{,-F99 to 95,843 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout scenario are a reflection of the higher density multiple -Family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless ofthe character ofdevelopment. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4, up to 32,257,051 square feet of commercial and office development, and 42,199,991 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. A-34 CITY OF SANTA ANA GENERAL PLAN 75H-36 LAND USE ELEMENT Table A-4 Land Low Density Residential LR-7 ° ""12 7 dufae 5, s5 du' Low Medium Density Residential LMR-11 420.6 11 dulac 4.627 du Medium Density Residential MR-15 32664,7 15 du/ac 5 5 e 55,263 du Subtotal 7,237.5 95,843 du' 66,243d0 District Center Others DC 309.5 FAR 1u0-20 11,955,583 at 3,017 du 23.764,534 s 3,017 du Heritage DC 18.8 FAR 1.7 54.090 at 1.221 du 54,090 at 1,221 du Downtown OC 62.5 FAR 3.0 2.057.824 at du ,661 2,057.824 of 1.661 du Metro East DC 113.9 FAR 0.75- 3.0 2,464.776 sf 5,037 du 2,464,776 at 5,037 du Transit Village DC 51.4 FAR 5.0 402,864 at du ,761 402,864 sf 2,761 du Harbor Corridor DC 125.0 FAR 5.0 1,836,155 at 2,029 du 1.836.155 91 2,029 du Urban Neighborhood UN 313.4 FAR 0.53.0 1,656,955 at 5,529 du 1,656,955 at 5.529 du Subtotal 9945 20.428.247 at 21.255 du 32,327,198 of 21.255 du ,Lj, yea r w _3, 113"ffiih� Professional & Admin. Office PAO 600.8 FAR 0.5-1.0 13.085,424 sf l 4 26,170,848 sf General Commercial GC 855,3 FAO 0.5 1.0 18,628,424 sr 37,256,868 s One Broadway Plaza District Ctrs OBPDC 4.3 FAR 29 543,193 at 543,193 s Subtotal 1.460.4 32.257,051 sf 63,970,909 s Industrial MD 2.152.8 FAR 0.45 42,199,991. at 42.199.991 s wmff Epm- Institutional INS 800.6 FAR 0.2-0.5 6.974,740 at 17,436,850 s Open Space Os 1.010.9 FAR 02 8.806,961 sf a,806,961 s Subtotal 1.811.5 15,781,701 tl 26,243,811 s FAR -floor area ratio; d.u.=dwelling unit s.f.=square feet (of floor area). Acreage shown in table does not include loans In right-ef-way. f Effective capacity for non-residemtial development assumes development possible under the lower range of FAR Intensity standards with the exception of the Metro East District Center, Transit Wage District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mbdure of residential and non-esidential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21.255 units possible In the District Center and Urban Neighborhood with the existing 74.588 (Census 2000) housing units. I Land use designation permits both residential and non-residential devalopmenL BuBd-out assumes 90% of Lind area wig be developed as commercial and 10% wig be developed as residential; with the exception of Town and Coemtry Manor profect intended for continuum of care and housing seniors. ' Land use designation permits high Intensity office development with ancillary, retail use. This table has been revised to correspond with Me GlSLand Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN A-35 75H-37 LS 5.13.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2017-04 AS CONDITIONED TO CONSOLIDATE THREE EXISTING PARCELS INTO ONE DEVELOPMENT SITE AND CREATE A SUBDIVISION OF 17 CONDOMINIUM UNITS AT 3025 AND 3109 WEST EDINGER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Colleen Bathgate, representing Haphan Group Inc. ("Applicant"), is requesting approval of Tentative Tract Map No. 2017-04 to consolidate three existing lots into one development and subdivide the site for 17 condominium units on a 1.22-acre site at 3025 and 3109 West Edinger Avenue. B. Pursuant to Santa Ana Municipal Code ("SAMC") Section 34-127, the Planning Commission is authorized to review and approve tentative tract maps. C. Tentative Tract Map No. 2017-04 came before the Planning Commission of the City of Santa Ana on May 13, 2019, for a duly noticed public hearing. D. Tentative Tract Map No. 2017-04 came before the City Council of the City of Santa Ana on June 4, 2019, for a duly noticed public hearing. E. Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative tract maps are approved when certain findings can be established. F. The City Council of the City of Santa Ana determines that the following findings, which must be established in order to approve Tentative Tract Map No. 2017-04, have been established as required by Section 34-127 of the SAMC and the California Subdivision Map Act: The proposed project and its design and improvements are consistent with the Medium Density Residential (MR-15) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. EXHIBIT 1 - ATTACHMENT C Resolution No. 2019-xx Page 1 of 8 75H-38 Tentative Tract Map No. 2017-04 entails the consolidation of three existing lots into a subdivision of 17 condominium units. The proposed project and its design and improvements are consistent with various provisions of the City's Zoning Code and General Plan. With General Plan Amendment No. 2017-03, which amends the land use designation of the property to Medium Density Residential (MR-15) and allows a maximum development density of 15 units per acre. The proposed project is consistent with the designation at a density of 15 dwelling units per acre. In addition, the project supports several goals and policies of the General Plan. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 to maintain and foster a variety of residential land uses. The project will provide 17 for -sale townhome units. Policy 2.10 to support new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the multi -family uses to the east along Edinger Avenue. The project has been designed to be setback away from the residential properties to the north, with limited windows on the upper stories and trees to be planted to screen views. Policy 3.1 to support development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials along a major arterial roadway. Housing Element, Goal 2 to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and are groups to foster an inclusive community. Policy 2.5 to facilitate diverse types, prices and size of housing, including single-family homes, apartments, townhomes, mixed/multiuse housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale townhome product with units that range from two to three bedrooms with 1,170 to 2,021 square feet in size. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project is consistent with the City s zoning and subdivision ordinances and all other applicable codes. The project is located within the Two -Family Residences (R-2) Resolution No. 2019-xx Page 2 of 8 75H-39 zoning district which allows for townhomes. The minimum development site size is 12,000 square feet with a minimum street frontage of 100 feet. The proposed lot complies with the minimum lot size and lot frontage. In addition, Covenants, Conditions and Restrictions (CC&Rs) will address issues such as drainage, reciprocal access, landscaping and maintenance that will be recorded prior to approval of the final map and is therefore consistent with Chapter 34 of the SAMC and the California Subdivision Map Act. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that would preclude development. The proposed site consists of approximately 1.22 acres of land and is physically suitable for the proposed development. The lot size, density, width, and lot coverage are consistent with the existing surrounding properties in the neighborhood. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Development Project Review No. 2015-06. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. Resolution No. 2019-xx Page 3 of 8 75H-40 The design and improvements of the proposed project will not conflict with easements necessary for public access or use of the property within the proposed project. In addition, the application will be recording CC&Rs to ensure reciprocal rights and maintenance agreements between properties. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND), Environmental Review No. 2015-14, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. There is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. Tentative Tract Map No. 2017-04 shall not be effective until the City Council reviews, approves and adopts the Mitigated Negative Declaration Environmental Review No. 2015-14 and General Plan Amendment No. 2017-03. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this tract map shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and Instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2019-xx Page 4 of 8 75H-41 Section 5. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Tract Map No. 2017- 04 as conditioned in "Exhibit A", attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 13, 2019, and exhibits attached thereto; and the Request for City Council Action dated June 4, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of , 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 5 of 8 75H-42 EXHIBIT A Conditions of Approval for Tentative Tract Map No. 2017-04 Tentative Tract Map No. 2017-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the following conditions of approval are applicable: The Applicant must comply with each and every condition listed below Prior to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the tentative tract map. 1. All proposed site improvements must conform to the Site Plan Review approval of TTP No. 2017-04. 2. Any amendment to this Tentative Tract Map, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. Applicant must submit Covenants, Conditions and Restrictions (CC&R's) for the project to the case planner for review and approval prior to the Final Map being recorded. The CC&R's should include provisions to keep trash enclosure lids closed when they are not in use and to plant and maintain trees and shrubs at the side and rear property lines for screening and to provide privacy. 4. The Final Map must be approved and recorded prior to issuance of building permits. 5. The Final Map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Two copies of the recorded Final Map and CC&Rs shall be submitted to the Planning Division, Building Division, Public Works Agency and Orange County Fire Authority (OCFA) within 10 days of recordation. Resolution No. 2019-xx Page 6 of 8 75H-43 Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all Improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Projects CC&R's with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant Is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership Resolution No. 2019-xx Page 7 of 8 75H-44 interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. 8. Prior to the issuance of building permits the Applicant shall comply with the City's Housing Opportunity Ordinance. Resolution No. 2019-xx Page 8 of 8 75H-45 RESOLUTION NO.2019-xx LS 5.13.19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-10 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF 17 TOWNHOMES AND ALLOW AN INCREASE IN BUILDING HEIGHT, REDUCTION IN FRONT YARD SETBACK, DEVIATIONS TO OPEN SPACE AND FLOOR PLAN CONFIGURATION STANDARDS FOR THE PROPERTY LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Colleen_ Bathgate, representing Haphan Group Inc. ("Applicant"), is requesting approval of Variance No. 2017-10 as conditioned, to allow the construction of 17 townhomes on a 1.22-acre site at 3025 and 3109 West Edinger Avenue. B. Pursuant to Santa Ana Municipal Code ("SAMC") Section 41-638, the Planning Commission is authorized to review and approve the following variances for this project to allow: a) increase in building height, b) reduction in the front yard setback, c) deviations to private open space and d) deviations to the living areas to be primarily on the upper floors as set forth by the SAMC. C. Variance No. 2017-10 came before the Planning Commission of the City of Santa Ana on May 13, 2019 for a duly noticed public hearing. The Planning Commission voted to recommend that the City Council approve the variance. D. Variance No. 2017-10 came before the City Council of the City of Santa Ana on June 4, 2019 for a duly noticed public hearing. E. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2017-10, have been established as required by SAMC Section 41-638: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at EXHIBIT 1 - ATTACHMENT D Resolution No. 2019-xx Page 1 of 8 75H-46 variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its location and surroundings. The project is located off an arterial road, is adjacent to multi -family developments to the east and is across the street from a regional park. The Applicant is proposing townhomes which are governed by Chapter 41, Division 6 of the SAMC. The townhouse standards were adopted in 1991 and have detailed development standards. a) Height: The height requirement of 27 feet and two stories would not allow for a townhome project with a courtyard configuration, tuck -under parking with two parking spaces per unit and two parking spaces per unit for guest parking, open space, and landscaping. The three-story buildings allow for stacked floor plans with private garages, living rooms, kitchens and two and three bedroom units. b) Front Yard: The project is located along Edinger Avenue, an arterial roadway that requires an eight -foot dedication with the development of the site. The dedication will reduce the size of the site and reduce the front yard that is measured from the future right of way. A front yard setback of 10 feet meets the intent of the standards to provide an adequately sized landscaped area planted with trees and shrubs to enhance the aesthetics of the development and streetscape. c) Open Space: The project meets the amount of required private open space by providing a minimum of 250 square feet per unit. However, the open space is provided at both the ground and upper levels and is less than 10 feet in each direction. It is also important to note that the project has common open space and is across the street from Centennial Regional Park which provides additional opportunities for recreational activities. By providing private open space on the upper levels, the open space will be accessible from the units common areas which is the intent of the code. d) Access: A minimum of 40 percent of the living area is to be accessible from the ground level. The intent of the standard was to provide direct ground floor access to each unit and to minimize aesthetic concerns related to outdoor stairwells and second story entries found in older multi -unit developments. As proposed, 14 units will have living space on the ground Resolution No. 2019-xx Page 2 of 8 75H-47 floor, however three (3) units do not have living space on the ground floor, instead there is a landing that leads to an interior staircase to the upper floors. The floor plan configuration is typical for townhome developments and allows for a site plan design and architecture that meets the City's Design Guidelines. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. a) Height: The increase in height will allow the property owner to develop the site with townhomes that are competitive with the current real estate market. A two-story product would limit the bedroom count and living areas which would potentially jeopardize the Applicant's ability to develop the subject site. b) Front Yard: The reduction in the required front yard is due to the City requirement for an eight -foot dedication. Without the dedication a greater landscaped yard could be provided, by allowing a reduction to 10 feet will allow the property owner to develop the property with 17 dwelling units. c) Open Space: The reduction In the required open space is also a result of the dedication which will reduces the size of the lot. Flexibility in providing open space on the upper levels will provide multiple patio and balconies for each resident's private use and will provide direct access to the open space from living and dining rooms. d) Access: Allowing a variation In the floor plan configuration will allow the property owner to design a project that is typical of current townhome developments with a stacked floor plan with living area and bedrooms on upper levels. The two -car garage requires a minimum of 400 square feet at the ground level, limiting the amount of square footage for living space at the ground floor. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. Resolution No. 2019-xx Page 3 of 8 75H-48 a) Height: The site plan has been designed to cluster the buildings and place the buildings further away from the existing residential uses with a 45-foot minimum rear setback and 28-foot minimum side setbacks to preserve privacy. In addition, the size and number of windows on the third -story have been limited. Additionally, a condition of approval is included to plant and maintain trees and shrubs along the rear and side property lines to screen views of the property and provide additional privacy. The variance will be similar to the variance granted for the nearby Avenue E project at 2823- 2931 West Edinger Avenue b) Front Yard: The reduction of ten feet in the required yard will not be detrimental to the public as the 10-foot yard will be planted with trees and shrubs and improved with pedestrian walkways. The variance will be similar to the variance granted for the Avenue E project at 2823-2931 West Edinger Avenue. c) Open Space: Granting the variance to allow balconies on upper levels to be counted towards the private open space requirements will not be detrimental to the public. The balconies and patios provide for articulation in the building design and are primarily along the interior courtyard. There will still be ample open space on site that will be improved with amenities for the residents. d) Access: The interior floor plan of the units will not be detrimental to the public or surrounding properties. The variance allows for flexibility in the floor plan design and are not be visible to the public. The variance will be similar to the variance granted for the Avenue E project at 2823-2931 West Edinger Avenue 4. That the granting of a variance will not adversely affect the General Plan of the city. The project will support several goals and policies of the General Plan, including the Land Use Element and Housing Element. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 to maintain and foster a variety of residential land uses. The project will provide 18 for -sale townhome units. Policy 2.10 to support new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the multi -family uses to the east Resolution No. 2019-xx Page 4 of 8 75H-49 along Edinger Avenue. The site plan has been designed to be setback away from the residential properties to the north, with limited windows on the upper stories and trees to be planted to screen views. Policy 3.1 to support development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials. Housing Element, Goal 2 to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and are groups to foster an inclusive community. Policy 2.5 to facilitate diverse types, prices and size of housing, including single-family homes, apartments, townhomes, mixed/multiuse housing, transit oriented housing, multi - generational housing and live work opportunities. The project will provide a for -sale townhome product with units that range from two to three bedrooms with 1,170 to 2,021 square feet in size. Section 2. The City Council has independently reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND), Environmental Review No. 2015-14, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. There is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. Variance No. 2017-10 shall not be effective until the City Council reviews and approves the Mitigated Negative Declaration Environmental Review No. 2015-14 and General Plan Amendment No. 2017-03. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 4, The Applicant shall indemnify, protect, defend and hold the City and/or any of Its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and Resolution No. 2019-xx Page 5 of 8 75H-50 such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments; agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily Incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2017-10 as conditioned in "Exhibit A" attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 13, 2019, and exhibits attached thereto; and the Request for City Council Action dated June 4, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2019-xx Page 6 of 8 75H-51 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on .2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 7 of 8 75H-52 EXHIBIT A Conditions for Approval for Variance No. 2017-10 Variance No. 2017-10 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior t0 exercising the rights conferred by this variance. result in the revocation of the variance. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2015- 06) and the staff report exhibits. 2. The Applicant shall comply with the Mitigation Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 3. Any amendment to the variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 4. Prior to the issuance of a building permit, the final map shall be recorded. 5. Prior to the issuance of a building permit, a landscape plan including trees and shrubs along the rear and side property lines, and irrigation is to be submitted for review and approval. The landscape plan shall conform to the townhouse landscape standards, Citywide Design Guidelines and the Citys Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, the Applicant shall submit a construction phasing plan. The plan shall address material storage and parking and ensure that there will be ample parking for both construction workers, occupied residential units and their guests during all phases. Should construction parking be provided at an off - site location, a plan for getting to and from the site shall also be provided. Construction material and equipment staging should be located as far as possible from existing residential uses. Resolution No. 2019-xx Page 7 of 8 75H-53 MND NO. 2015-14, GPA NO. 17 a .r. Santa t.o lai. ry if1 CMG [u]u n.n Y�P.mm.nl MUM1CH 1. n Y PetlpmG pypen4.I Fn.G C[.+mernaliu.Jenua Sp.o]:>lan s;.aLr v..nnPmMl pon..p smpp.n, c.v.. Saran l.Lm Hun Cmmm�nal Darn CemmunaY Cum m i —m—ant... CmnmunnY Cammtr[u� �n Cora una L.n.rtl C]mmerti:l li{nt� 1ia...l rap Wlri.l I m....Inv L>. mCmur Openbto GmtrL?Cn[ul;uni 2— TTM NO. 2017-04, VAR NO. 17-10 ngerAvenue ng Aerial z 7mq ninital Man Prndi rtc. FO rinhsc rvarrvad. 75H-54 EXHIBIT 3 SITE PHOTO 3025 West Edinger Avenue EIR NO.2015-14, GPA NO.2017-03, TTM NO.2017-04, VAR NO.2017-10 75H-55 I one story L�Exlsbng SFD ' i one story . 1 si %x24.ej :_Existing SFD 10.6., -� o`n'eEstory I tl i r Eiisfing SFD- --%`onestory -a 'i3., 24.3'ri ExisfingSFD I:zi}i one story f Existing'SFD Existing SFD 'd f Existing SFD one`story one story '+ -one story_•- , •tee(''` �"� �� �2�at � '"_ ,�' ±242. 41616171619 w F.l '. V- is y. y 11 v it J 4 It ft-5 Existing SFD �� Existing SF ,one story, one story 3.S .n a_ 23662 ...� .. %st=Edinger Avenue. - 1 1111A' - Existing MFt 1 Mro story EXHIBIT SITE PLAN 4 3025 West Edinger Avenue ER NO.2015-14, GPA NO.2017-03, TTM NO.2017.04, VAR NO.2017-10 75H-56 Plan 3 Plan 2 Plan 2 Plan 3 First Level Second Level Third Level EXHIBIT 5 FLOOR PLANS 3025 West Edinger Avenue ER NO.2015.14, GPA NO.2017-03, TTM NO.2017-04, VAR NO.2017-10 75H-58 M 0 a c 0 a AF 7 ''.� f7 O i 4 1•. O l a A I' A CO y _ W I � �� 8 C O a > gyp€14 i t e ,� tt s 1$ jils,its' EXHIBIT 6 ELEVATIONS — 4 PLEX 3025 West Edinger Avenue ER NO.2015-14, GPA NO.2017-03, TTM NO.2017-04, VAR NO.2017-10 75H-59 ■ [I 1 K EXHIBIT 6 ELEVATIONS —10 PLEX 3025 West Edinger Avenue ER NO.2015-14, GPA NO.2017-03, TTM NO.2017-04, VAR NO.2017-10 75H-60 yff WILLIAM HEZMALHALCH ARCHITECTS I N C. MEETING MINUTES To: CITY OF SANTA ANA 20 Civic Center Plaza, M-25 6th Floor City Hall Attn: Ann Ni Subject Community Meeting Attendees: Ann Ni — City of Santa Ana Margarita Macedonio — City of Santa Ana Chirs Schmidt— Windsor Village Vuong Hanh — 3028 W. Borchard St Coraciela Ramirez —1418 S. Mohawk Dr. Eva Burton Barbara Lamere Pat Michel Araceli Martinez Ead Schmidt Esperanza Contreras Colleen Bathgate — WHA Tuan Nguyen — WHA Quoc Phan- Property Owner Duc Nguyen- Owner Representative Date: Project titre: Project number: Phase number. April 24, 2015 WEST EDINGER 2014348 Meeting location: Centennial Education Center, Room E101 2900 W. Edinger Ave., Santa Ana CA 92704 Date of meeting: _April 18, 2015 Time of meeting: 10:00 am —12:00 pm EXHIBIT 7 75H-61 Meeting Minutes WEST EDINGER Project #2014348 April 22, 2015 Page 2 of 3 Community Comments: • Parking concerns for overall neighborhood • Concerns of second story windows looking into neighbor's yards • Suggest gate at center of green space along Edinger • HOA— confirm, yes it will be required per the city • Lighting concerns,. ensure property is well lit but does not shine light into adjacent properties • Vines or greenery as gesture of goodwill for Windsor neighborhood, fill in planter • Abandoned apartment building, two parcels to the east • Adjacent neighbors to the east in apartment building are of concern for safety and crime • Larger bathrooms for accessibility on ground floor for older home owners • Trash- verify centralized trash or individual pick-up • Coordination with individual property owners for new perimeter wall • Traffic access, left turn from project sight will be difficult • 48" height fence along Edinger — per Ann Ni • Concerns about graffiti on perimeter wall, suggest planting • Project looks nice, neighbors are in favor of project • Suggest to look at planting down street- per Margarita Macedonio • Neighbors would like to know price points for homes • Plant trees for screening in rear yards • CC&R's — provide copy for neighbors to review • What is the amount of common open space? • Neighborhood meeting 211 Tuesday each month, June 91 Jackson school for next neighborhood meeting, suggested follow presentation • Neighbor abutting northeast corner requested a 15' rear setback, this neighbor is interested In purchasing comer home and connecting rear yards with gate • Proposed variances- provide neighbors with copy 2850 Redhill Ave., Suite 200 Santa Ana, CA 92705.5543 Tel 949 250 0607 Fax 949 250 1529 www.wharchitects.com 75H-62 Meeting Minutes WEST EDINGER Project #2014348 April 22, 2015 Page 3 of 3 Note: These conference notes shall be deemed an accurate account of these discussions unless WHA is notified to the contrary in writing within 5 days. Regards, WILLIAM HEZMALHALCH ARCHITECTS, INC. Colleen Bathgate Senior Associate, Project Manager CB/AB g.Vad_rdes114caMD143481sdminVneegng minces_west ediW 4.18.15.doc 75H-63 75H-64 EXHIBIT 2 LS 6.4.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2015-14 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; FOR GENERAL PLAN AMENDMENT NO. 2017-03, TENTATIVE TRACT MAP NO. 2017-04 AND VARIANCE NO. 2017-10 FOR THE TOWNHOME PROJECT LOCATED AT 3025 WEST EDINGER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Colleen Bathgate, representing Haphan Group, Inc. (Applicant), is requesting approval of General Plan Amendment No. 2017-03; Tentative Map No. 2017-04 and Variance No. 2017-10 in order to facilitate construction of 18 townhomes on a 1.22-acre site at 3025 West Edinger Avenue. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result In potentially significant effects on the environment and identified a mitigation measure that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared a Mitigated Negative Declaration (MND), Environmental Review No. 2015-14 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of a mitigation measure to address noise. E. On June 11, 2018, Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2015-14 was published in the Orange County Register newspaper and circulated to interested parties. EXHIBIT 2 75H-65 F. The documents related to the Mitigated Negative Declaration were made available for a 20-day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. The mitigation measure set forth in the Mitigated Negative Declaration is fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. H. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt Mitigated Negative Declaration, Environmental Review No. 2015-14 and adopt the related Mitigation Monitoring and Reporting Program for the project. I. On June 4, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Mitigated Negative Declaration, Environmental Review No. 2015-14, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration, Environmental Review No. 2015-14, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The MND reflects the City Council's independent judgment and analysis. Section 3. The City Council hereby adopts and approves the MND and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 4, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the 75H-66 payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 5. The MND and Mitigation Monitoring and Reporting Program, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center Plaza, Santa Ana, California 92802. The custodian of these records is Norma Mitre, Acting City Clerk for the City. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for- any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 7. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this day of 2019. Miguel A. Pulido Mayor 75H-67 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: c Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on .2019. Date: Acting Clerk of the Council City of Santa Ana 75H-68 EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM As noted within the Initial Study/Mitigated Negative Declaration, there is a single mitigation measure that will be implemented to avoid or lessen the environmental impacts associated with the 3025 W. Edinger Avenue Townhomes Project. Public Resources Code § 21081.6 requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to the proposed development: ... the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition of project approval, in order to mitigate or avoid significant effects on the environment. Public Resources Code Section § 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting/monitoring requirements enforced during Project implementation must be defined before adoption of a Mitigated Negative Declaration. The mitigation monitoring table provided below lists the mitigation measure that is included as a condition of approval for the Project. This mitigation measure corresponds with the one identified in the Initial Study/Mitigated Negative Declaration. The City of Santa Ana Planning and Building Agency will have the primary responsibility for monitoring and reporting implementation of the mitigation measure. 75H-69 N Y' u c E' E m n m � E o U O c ryO U N L N 01 N C C�qCp U .0) 0 .0 � � d � C C {� � � I�CO U N IU Q T� a L. EIL U y 'O N C S N T c p d o '0'a �?NLS�$vci'cOim CC7 a c N�o c N ui Z > c C) I C O 3 O ' O n N a IL u E Q om �Z1 D � K Ol C tp c Gl Gl C w N d L° �cr ai W .O. t d b d N Of 2 N y L W �c .S2 a1Oi Ec�asd IL Z E Z _ N tO l0 `O V N 0_ Q V c M o 0.9 N m •- ? N u U d N �N N N y N p 0 C S O C mr. O § Z N U a N 6L y N z E°-¢ LU N 2 Z E m 75H-70 EXHIBIT 3 LS 6.4.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2017-03 FOR THE PROPERTIES LOCATED AT 2935, 3007, 3013, 3019, 3025 AND 3109 WEST EDINGER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Colleen Bathgate, representing Haphan Group, Inc. ("Applicant'), is requesting approval of General Plan Amendment No. 2017-03 to amend the General Plan land use designation of the properties at 3025 and 3109 West Edinger Avenue from Low Density Residential (LR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate construction of a 17-unit townhome development on a 1.22-acre site. B. In addition, the City of Santa Ana is proposing to change the land use designation of four properties at 2935, 3007, 3013, and 3019, West Edinger Avenue totaling 1.64-acres from Low Density Residential (IR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change. C. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution adopting Mitigated Negative Declaration, Environmental Review No. 2015-14 and approve General Plan Amendment No. 2017-03. D. On June 4, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2017-03, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this resolution occurred. E. General Plan Amendment No. 2017-03 has been filed to amend the General Plan land use designation of the properties at 3025 and 3109 West Edinger Avenue from Low Density Residential (IR-7) to Medium Density Residential (MR-15). In addition, the City of Santa Ana is proposing to change the land use designation of the properties at 2935, 3007, 3013, and 3019 West Edinger from Low Density Residential (IR-7) to Medium Density Residential Resolution No. 2019-xx Page 1 of 4 %SHNIMIt 3 (MR-15) and to update text portions of the City's Land Use Element to reflect this change. The existing General Plan land use designation for the project area is Low Density Residential (LR-7) which applies to lower density residential land uses characterized by single-family homes with a maximum allowable intensity of seven (7) dwelling units per acre. 2. The proposed General Plan land use designation for the project area is Medium Density Residential (MR-15) which applies to multiple - family developments characterized by duplexes, apartments, and townhomes with a maximum allowable intensity of 15 dwelling units per acre. 3. The general plan amendment will support several goals and policies of the General Plan, including the Land Use Element and Housing Element. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 to maintain and foster a variety of residential land uses. The project will provide 17 for -sale townhome units. Policy 2.10 to support new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the multi -family uses to the east along Edinger Avenue. The project has been designed to be setback away from the residential properties to the north, with limited windows on the upper stories and trees to be planted to screen views. Policy 3.1 to support development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials along a major arterial roadway. Housing Element, Goal 2 to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and are groups to foster an inclusive community. Policy 2.5 to facilitate diverse types, prices and size of housing, including single-family homes, apartments, townhomes, mixed/multiuse housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale townhome product with units that range from two to three bedrooms with 1,170 to 2,021 square feet in size. F. The Planning Commission has weighed and balanced the General Plan's policies, and has determined that based upon this balancing that General Plan Amendment No. 2017-03 is consistent with the purpose of the general plan. Resolution No. 2019-xx Page 2 of 4 75H-72 Section 2. The Planning Commission of the City of Santa Ana recommends that the City Council adopt a resolution approving General Plan Amendment No. 2017- 03. This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 13, 2019 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND), Environmental Review No. 2015-14, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. , 2017-03. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 4, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. Resolution No. 2019-xx Page 3 of 4 75H-73 City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this _ day of , 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 4 of 4 75H-74 City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2,1 "8 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997- 05): GPA2017-03 (Pending) GPA 2018-05 (December 4, 2018) GPA 2018-03 (September 18, 2018) GPA 2018-02 (May 15, 2018) GPA 2015-01 (May 15, 2018) GPA 2017-02(Decanber 192017) GPA 2017-01 (June 20, 2017) GPA 2016-03 (February 21, 2017) GPA 201602 (May U, 2016) GPA 2016-01(AP6119, 2016) GPA 2015-03 (February 2, 2016) GPA 2014-02 (October 21, 2014) GPA 2014-01 (June 3, 2014) GPA 2011-03 (Mardi 19, 2012) GPA 2011-02 (June 6, 2011) GPA 2010-01 (June 7, 2010) GPA 2008-02 (Jury 20, 2009) GPA 2007-03 (May 18, 2009) GPA 200841 (May S. 2008) GPA 2004-03 (February 2, 2009) GPA 2007-02 (June 18, 2007) GPA 2007-01 (March 19, 2007) GPA 200MI (October 2, 2006) GPA 2005-0t (December 5, 2005) GPA 2005-02 (October 17, 2005) GPA 200441 (April S, 2005, as passed by the raters of Santa Ana) GPA 2004-04 (July 19, 2004) GPA 2004-06 (July 6, 2004) GPA 200302 (June 16, 2003) GPA 2003-01 (February 18, 2003) GPA 2002-01(September 3, 2002) GPA 2002-03 (August 19, 2002) GPA 2001-03 (February 19, 2002) GPA 2001-02 (January 7, 2002) GPA 200049 (May 7, 2001) GPA 2000-08 (February 5, 2001) GPA 2000-03 (December 4, 2000) GPA 2000-02(November 20, 2000) GPA 1999-02 (October 18, 1999) GPA 1999-01(August 16,1999) GPA 1998-04 (October 5, 1998) GPA 1998-05 (September 21, 1998) GPA 1998-01 (May 4, 1998) EXHI1jT�HE� IBIT A _ m o - p o € S gg J ' 75H-76 ' --------------- t c d) E > rJ5 LL cc Ong WNH: mv long L ill, i = lit! D eta, iL Z_ 4i '__N IF 75H-77 LAND USE ELEMENT The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City 6( .452.2G,g54-.t; acres) representing 47 percent of the City's total land area. The Low -Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of364.73623 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CITY OF SANTA ANA GENERAL PLAN A-19 01'1`1\) 75H-78 LAND USE ELEMENT As indicated in Table A-4, between 7751876,499 to 95,843 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout scenario are a reflection of the higher density multiple -family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character ofdevelopment. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4, up to 32,257,051 square feet of commercial and office development, and 42,199,991 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. A-34 CITY OF SANTA ANA GENERAL PLAN 75H-79 LAND USE ELEMENT Table A-4 l And Ilea Plan Rnlld-nnr Pannniriae Intensity/ EBecti Fe Buddoul' Theoretical Residential Land Use Acres Densi Buildout Low Density Residential LR-1 64"45.4" 7 dWac 45,165 du Low Medium Density Residential LMR-11 420.6 11 du/ac 4,627 du Medium Density Residential MR-15 15 du/ac 4¢ 71 Gu 3RIZ 624 §;43&40 Subtotal 7,237.5 95,843 fill 55 55,243 it Mixed Use District Center flor Res Res, Non Res Res, Otter' DC 309.5 90 du /ac FAR 1.0.2.0 11.955,583 sf 3,017 ourT 34 3,017 du Heritage DC 18.8 FAR 1.7 54,090 sf 1,221 du90 1,221 du Downtown DC 62.5 FAR 3.0 2,057,824 at du ,6614 if 1,661 der Metro East DC 113.9 FAR 0.75. 3.0 2,464,776 sf 5,037 du76 5,037 du Transit Village DC 51 A FAR 5.0 402,864 sf 2'7614 du sf 2,761 du Harbor Corridor DC 125.0 FAR 5.0 1.836,155 sf 2,029 du55 s 2,029 du Urban Neighborhood UN 313.4 FAR 0.5-0.0 1,656,955 sf 5,529 du55 sf 5,529 duSubtotal Commercial 994.5 20,428,247 sf 21,255 du8 a1 21,255 du Professional & Admin. Office PAO 600.8 FAR 0.5-1.0 13,085,424sit 26,170,848 s General Commercial GC 855.3 FAR 0.5-1.0 18.628,424 at 37.256,868 One Broadway Plaza District Ctra OBPDC 4.3 FAR 2.9 543,193 sf 543,193 Subtotal 1,460A 32,257,051 q 63,970,909 Industrial IND 2,152.81 FAR 0.45 42,199,991 sit 1 42,199,991 s I Institutional FAR 0.2-0.5 6,974,740 sf 17,436,850 Open Space #INS800.8 ,010.9 FAR 0.2 8,806,961 sf 8,806,961 Subtotal ,811.5 15,781,701 Al 28,243,911 — -. --- — • .' —�wa,o ,gal rv, ,uur groat. acreage snown in came Goes not Incline roads in right-of-way. t Effective capacity for non-residenfial development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transh Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mixture of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21,255 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. 2 land use designation permits both residential and non-residential development Build -out assumes 90%of land area will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project intended for confinuum of care and housing seniors. ' Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS land Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN 75H-80 A-35 #A:II-3Yt! LS 6.4.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2017-04 AS CONDITIONED TO CONSOLIDATE THREE EXISTING PARCELS INTO ONE DEVELOPMENT SITE AND CREATE A SUBDIVISION OF 17 CONDOMINIUM UNITS AT 3025 AND 3109 WEST EDINGER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Colleen Bathgate, representing Haphan Group Inc. ("Applicant"). is requesting approval of Tentative Tract Map No. 2017-04 to consolidate three existing lots into one development and subdivide the site for 17 condominium units on a 1.22-acre site at 3025 and 3109 West Edinger Avenue. B. Pursuant to Santa Ana Municipal Code ("SAMC") Section 34-127, the Planning Commission is authorized to review and approve tentative tract maps. C. Tentative Tract Map No. 2017-04 came before the Planning Commission of the City of Santa Ana on May 13, 2019, for a duly noticed public hearing. D. Tentative Tract Map No. 2017-04 came before the City Council of the City of Santa Ana on June 4, 2019, for a duly noticed public hearing. E. Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative tract maps are approved when certain findings can be established. F. The City Council of the City of Santa Ana determines that the following findings, which must be established in order to approve Tentative Tract Map No. 2017-04, have been established as required by Section 34-127 of the SAMC and the California Subdivision Map Act: The proposed project and its design and improvements are consistent with the Medium Density Residential (MR-15) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. Resolution No. 2019-xx EXHIBIT 4 Page 1 of s 75H-81 Tentative Tract Map No. 2017-04 entails the consolidation of three existing lots into a subdivision of 17 condominium units. The proposed project and its design and improvements are consistent with various provisions of the City's Zoning Code and General Plan. With General Plan Amendment No'. 2017-03, which amends the land use designation of the property to Medium Density Residential (MR-15) and allows a maximum development density of 15 units per acre. The proposed project is consistent with the designation at a density of 15 dwelling units per acre. In addition, the project supports several goals and policies of the General Plan. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 to maintain and foster a variety of residential land uses. The project will provide 17 for -sale townhome units. Policy 2.10 to support new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the multi -family uses to the east along Edinger Avenue. The project has been designed to be setback away from the residential properties to the north, with limited windows on the upper stories and trees to be planted to screen views. Policy 3.1 to support development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials along a major arterial roadway. Housing Element, Goal 2 to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and are groups to foster an inclusive community, Policy 2.5 to facilitate diverse types, prices and size of housing, including single-family homes, apartments, townhomes, mixed/multiuse housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale townhome product with units that range from two to three bedrooms with 1,170 to 2,021 square feet in size. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project is consistent with the City's zoning and subdivision ordinances and all other applicable codes. The project is located within the Two -Family Residences (R-2) Resolution No. 2019-xx Page 2 of 8 75H-82 zoning district which allows for townhomes. The minimum development site size is 12,000 square feet with a minimum street frontage of 100 feet. The proposed lot complies with the minimum lot size and lot frontage. In addition, Covenants, Conditions and Restrictions (CC&Rs) will address issues such as drainage, reciprocal access, landscaping and maintenance that will be recorded prior to approval of the final map and is therefore consistent with Chapter 34 of the SAMC and the California Subdivision Map Act. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that would preclude development. The proposed site consists of approximately 1.22 acres of land and is physically suitable for the proposed development. The lot size, density, width, and lot coverage are consistent with the existing surrounding properties in the neighborhood. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Development Project Review No. 2015-06. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. Resolution No. 2019-xx Page 3 of 8 75H-83 The design and improvements of the proposed project will not conflict with easements necessary for public access or use of the property within the proposed project. In addition, the application will be recording CC&Rs to ensure reciprocal rights and maintenance agreements between properties. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND), Environmental Review No. 2015-14, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. There is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. Tentative Tract Map No. 2017-04 shall not be effective until the City Council reviews, approves and adopts the Mitigated Negative Declaration Environmental Review No. 2015-14 and General Plan Amendment No. 2017-03. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this tract map shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2019-xx Page 4 of 8 75H-84 Section 5. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Tract Map No. 2017- 04 as conditioned in "Exhibit A", attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 13, 2019, and exhibits attached thereto; and the Request for City Council Action dated June 4, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of , 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: '�1h •-�% Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 5 of 8 75H-85 EXHIBIT A Conditions of Approval for Tentative Tract Map No. 2017-04 Tentative Tract Map No. 2017-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the following conditions of approval are applicable: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the tentative tract map. 1. All proposed site improvements must conform to the Site Plan Review approval of TTP No. 2017-04. 2. Any amendment to this Tentative Tract Map, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. Applicant must submit Covenants, Conditions and Restrictions (CC&R's) for the project to the case planner for review and approval prior to the Final Map being recorded. The CC&R's should include provisions to keep trash enclosure lids closed when they are not in use and to plant and maintain trees and shrubs at the side and rear property lines for screening and to provide privacy. 4. The Final Map must be approved and recorded prior to issuance of building permits. 5. The Final Map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Two copies of the recorded Final Map and CC&Rs shall be submitted to the Planning Division, Building Division, Public Works Agency and Orange County Fire Authority (OCFA) within 10 days of recordation. Resolution No. 2019-xx Page 6 of 8 75H-86 7. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Projects CC&R's with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan which shall include provisions that residents place a parking sticker on their vehicles, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. Resolution No. 2019-xx Page 7 of 8 75H-87 The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign Its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses Incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. 8. Prior to the issuance of building permits the Applicant shall comply with the City's Housing Opportunity Ordinance. Resolution No. 2019-xx Page 8 of 8 75H-88 EXHIBIT 5 LS 6.4.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-10 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF 17 TOWNHOMES AND ALLOW AN INCREASE IN BUILDING HEIGHT, REDUCTION IN FRONT YARD SETBACK, DEVIATIONS TO OPEN SPACE AND FLOOR PLAN CONFIGURATION STANDARDS FOR THE PROPERTY LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Colleen Bathgate, representing Haphan Group Inc. ("Applicant"), is requesting approval of Variance No. 2017-10 as conditioned, to allow the construction of 17 townhomes on a 1.22-acre site at 3025 and 3109 West Edinger Avenue. B. Pursuant to Santa Ana Municipal Code ("SAMC") Section 41-638, the Planning Commission is authorized to review and approve the following variances for this project to allow: a) increase in building height, b) reduction in the front yard setback, c) deviations to private open space and d) deviations to the living areas to be primarily on the upper floors as set forth by the SAMC. C. Variance No. 2017-10 came before the Planning Commission of the City of Santa Ana on May 13, 2019 for a duly noticed public hearing. The Planning Commission voted to recommend that the City Council approve the variance. D. Variance No. 2017-10 came before the City Council of the City of Santa Ana on June 4, 2019 for a duly noticed public hearing. E. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2017-10, have been established as required by SAMC Section 41-638: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at Resolution No. 2019-roc Page 1 of 8 variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its location and surroundings. The project is located off an arterial road, is adjacent to multi -family developments to the east and is across the street from a regional park. The Applicant is proposing townhomes which are governed by Chapter 41, Division 6 of the SAMC. The townhouse standards were adopted in 1991 and have detailed development standards. a) Height: The height requirement of 27 feet and two stories would not allow for a townhome project with a courtyard configuration, tuck -under parking with two parking spaces per unit and two parking spaces per unit for guest parking, open space, and landscaping. The three-story_ buildings allow for stacked floor plans with private garages, living rooms, kitchens and two and three bedroom units. b) Front Yard: The project is located along Edinger Avenue, an arterial roadway that requires an eight -foot dedication with the development of the site. The dedication will reduce the size of the site and reduce the front yard that is measured from the future right of way. A front yard setback of 10 feet meets the intent of the standards to provide an adequately sized landscaped area planted with trees and shrubs to enhance the aesthetics of the development and streetscape. c) Open Space: The project meets the amount of required private open space by providing a minimum of 250 square feet per unit. However, the open space is provided at both the ground and upper levels and is less than 10 feet in each direction. It Is also important to note that the project has common open space and is across the street from Centennial Regional Park which provides additional opportunities for recreational activities. By providing private open space on the upper levels, the open space will be accessible from the units common areas which is the intent of the code. d) Access: A minimum of 40 percent of the living area is to be accessible from the ground level. The intent of the standard was to provide direct ground floor access to each unit and to minimize aesthetic concerns related to outdoor stairwells and second story entries found in older multi -unit developments. As proposed, 14 units will have living space on the ground Resolution No. 2019-xx Page 2 of 8 75H-90 floor, however three (3) units do not have living space on the ground floor, instead there is a landing that leads to an interior staircase to the upper floors. The floor plan configuration is typical for townhome developments and allows for a site plan design and architecture that meets the City's Design Guidelines. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. a) Height: The increase in height will allow the property owner to develop the site with townhomes that are competitive with the current real estate market. A two-story product would limit the bedroom count and living areas which would potentially jeopardize the Applicant's ability to develop the subject site. b) Front Yard: The reduction in the required front yard is due to the City requirement for an eight -foot dedication. Without the dedication a greater landscaped yard could be provided, by allowing a reduction to 10 feet will allow the property owner to develop the property with 17 dwelling units. c) Open Space: The reduction in the required open space is also a result of the dedication which will reduces the size of the lot. Flexibility in providing open space on the upper levels will provide multiple patio and balconies for each resident's private use and will provide direct access to the open space from living and dining rooms. d) Access: Allowing a variation in the floor plan configuration will allow the property owner to design a project that is typical of current townhome developments with a stacked floor plan with living area and bedrooms on upper levels. The two -car garage requires a minimum of 400 square feet at the ground level, limiting the amount of square footage for living space at the ground floor. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. Resolution No. 2019-xx Page 3 of 8 75H-91 a) Height: The site plan has been designed to cluster the buildings and place the buildings further away from the existing residential uses with a 45-foot minimum rear setback and 28-foot minimum side setbacks to preserve privacy. In addition, the size and number of windows on the third -story have been limited. Additionally, a condition of approval is included to plant and maintain trees and shrubs along the rear and side property lines to screen views of the property and provide additional privacy. The variance will be similar to the variance granted for the nearby Avenue E project at 2823- 2931 West Edinger Avenue b) Front Yard: The reduction of ten feet in the required yard will not be detrimental to the public as the 10-foot yard will be planted with trees and shrubs and improved with pedestrian walkways. The variance will be similar to the variance granted for the Avenue E project at 2823-2931 West Edinger Avenue. c) Open Space: Granting the variance to allow balconies on upper levels to be counted towards the private open space requirements will not be detrimental to the public. The balconies and patios provide for articulation in the building design and are primarily along the interior courtyard. There Will still be ample open space on site that will be improved with amenities for the residents. d) Access: The interior floor plan of the units will not be detrimental to the public or surrounding properties. The variance allows for flexibility in the floor plan design and are not be visible to the public. The variance will be similar to the variance granted for the Avenue E project at 2823-2931 West Edinger Avenue 4. That the granting of a variance will not adversely affect the General Plan of the city. The project will support several goals and policies of the General Plan, including the Land Use Element and Housing Element. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 to maintain and foster a variety of residential land uses. The project will provide 18 for -sale townhome units. Policy 2.10 to support new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the multi -family uses to the east Resolution No. 2019-xx Page 4 of 8 75H-92 along Edinger Avenue. The site plan has been designed to be setback away from the residential properties to the north, with limited windows on the upper stories and trees to be planted to screen views. Policy 3.1 to support development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials. Housing Element, Goal 2 to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and are groups to foster an inclusive community. Policy 2.5 to facilitate diverse types, prices and size of housing, including single-family homes, apartments, townhomes, mixed/multiuse housing, transit oriented housing, multi - generational housing and live work opportunities. The project will provide a for -sale townhome product with units that range from two to three bedrooms with 1,170 to 2,021 square feet in size. Section 2. The City Council has independently reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND), Environmental Review No. 2015-14, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. There is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. Variance No. 2017-10 shall not be effective until the City Council reviews and approves the Mitigated Negative Declaration Environmental Review No. 2015-14 and General Plan Amendment No. 2017-03. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and Resolution No. 2019-xx Page 5 of 8 75H-93 such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and Instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2017-10 as conditioned in "Exhibit A" attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 13, 2019, and exhibits attached thereto; and the Request for City Council Action dated June 4, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2019-xx Page 6 of 8 75H-94 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 7 of 8 75H-95 EXHIBIT A Conditions for Approval for Variance No. 2017-10 Variance No. 2017-10 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2015- 06) and the staff report exhibits. 2. The Applicant shall comply with the Mitigation Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 3. Any amendment to the variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 4. Prior to the issuance of a building permit, the final map shall be recorded. 5. Prior to the issuance of a building permit, a landscape plan including trees and shrubs along the rear and side property lines, and irrigation is to be submitted for review and approval. The landscape plan shall conform to the townhouse landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, the Applicant shall submit a construction phasing plan. The plan shall address material storage and parking and ensure that there will be ample parking for both construction workers, occupied residential units and their guests during all phases. Should construction parking be provided at an off - site location, a plan for getting to and from the site shall also be provided. Construction material and equipment staging should be located as far as possible from existing residential uses. Resolution No. 2019-xx Page 8 of 8 75H-96 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: PUBLIC HEARING — FILED BY LEGACY PARTNERS FOR MITIGATED NEGATIVE DECLARATION NO. 2018-75; GENERAL PLAN AMENDMENT NO. 2019-01; AMENDMENT APPLICATION NO. 2019-01 TO CHANGE THE DESIGNATION OF THE PROPERTY AT 651 WEST SUNFLOWER AVENUE FROM GENERAL COMMERCIAL TO URBAN NEIGHBORHOOD; LOW - DENSITY RESIDENTIAL TO SPECIFIC DEVELOPMENT NO. 94 TO ALLOW THE CONSTRUCTION OF 226 RESIDENTIAL APARTMENT UNITS {STRATEGIC PLAN NOS. 3,21 CLERK OF COUNCIL USE ONLY: 0:1:j:Zi11FASR, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO ee Z0 FILE NUMBER CITY MANAGIER RECOMMENDED ACTION Adopt a resolution approving Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2018-75. 2. Adopt a resolution approving General Plan Amendment No. 2019-01. - 3. Adopt an ordinance approving Amendment Application No. 2019-01 for Specific Development No. 94 (SD 94). PLANNING COMMISSION ACTION At its regular meeting on May 13, 2019, the Planning Commission by a vote of 6:0 (Commissioner Alderete absent), adopted a resolution recommending that the City Council approve and adopt Mitigated Negative Declaration, Environmental Review No. 2018-75, General Plan Amendment No. 2019-01 to change the land use designation of the property 651 West Sunflower Avenue to Urban Neighborhood (UN), and Amendment Application No. 2019-01 to change the zoning district to Specific Development No. 94 (SD 94) to allow the construction of a 226 apartment unit development on a 3.59-Acre parcel. The property is currently under the Single -Family Residential (R1) zoning district and has a General Commercial (GC) land use 751-1 ER No. 2018-75, GPA No. 2019-01, AA No. 2019-01 June 4, 2019 Page 2 designation. The Planning Commission concurred with staffs recommendation as outlined and articulated in the attached Planning Commission staff report and resolution (Exhibit A). DISCUSSION Proiect Location and Site Description The site is currently improved with a 9,875-square foot, single -story church building with associated parking and landscaping. The building will be demolished as part of the proposed development, and the church has indicated a desire to relocate within Santa Ana. The church currently provides Taft Elementary School an access easement for student drop-off and pick-up, which has existed for several years. The entrance to the access easement is at the eastern most driveway and wraps around the site counter -clockwise to enter the school property and exit onto Sunflower Avenue at the westernmost driveway. The easement will remain after the site is developed with the proposed residential development. Table 1: Proiect Location Information Item - Information Project Address 651 West Sunflower Avenue Nearest Intersection Sunflower Avenue and Flower Street General Plan Designation Existing: Low -Density Residential LR-7 Proposed: Urban Neighborhood (UN) Zoning Designation Existing: Single -Family Residential R-1 Proposed: Specific Development No. 94 SD-94 Surrounding Land Uses North Elementary School East Duplexes South Multiple -Family Residential(City of Costa Mesa West Multiple -Family Residential Property Size 3.59 acres (156,337 square feet) Existing Site Development The site contains a one-story, 9,875-square foot church building with parking and landscaping. Applicable Zoning Code Sections Existing: SAMC Chapter 41, Article III, Division 3 (Single -Family Residence Proposed: SAMC Chapter 41, Article III, Division 26 (Specific Development) Entitlements SAMC Chapter 41, Article V, Division II (Amendments and Change to District Boundaries) Proiect Description The applicant is proposing to clear the site and develop a multiple -family residential development. The development will contain a five -story, 226-unit residential building with 452 parking spaces provided in a six -level parking structure with a partial subterranean level. No tandem parking spaces are proposed within the project. The top garage level will not project above the residential building, ensuring it is adequately screened from view by the entire development. No commercial or mixed -use component is proposed. 751-2 ER No. 2018-75, GPA No. 2019-01, AA No. 2019-01 June 4, 2019 Page 3 Unit Mix The unit mix will include studio, one -bedroom, and two -bedroom units. Each unit will contain laundry equipment, in -unit storage, and high -quality finishes. Parking is provided at two spaces per unit, inclusive of guest parking. Additional unit details are provided in Table 2, below. Table 2: Applicant Proposed Unit Mix and Unit Square Footage Unit Ty . e I Number of Units (%) S uare Foota `e of Units Studios 35 16% 603-613 One -Bedrooms 114 50% 613-751 Two -Bedrooms 77 34% 1,035-1,113 Total (density) 226 (63 units per acre) 100% - Design The building is designed with contemporary architectural design features. Elements such as stone veneer, multiple brick veneers, metal panels, imagery panels, metal balconies, flat and metal seamed roofs all assist in conveying a modern design. The parking structure is located to the northeast of the site with residential units wrapping around the east, south, and west of the structure in a semi -circle shape design. The community will be developed with extensive onsite amenities, including a central pool, barbecue, and plaza area. There are several designated open spaces for active and passive recreational activities. The eastern and southeastern portions of the site will contain a dog park, residential gardens, and outdoor dining area. The pool will be located in the western courtyard and will be surrounded by furniture and hardscape. Parking The project will provide 452 total parking spaces, which represents a gross rate of 2.0 spaces per residential unit including guest parking. The onsite parking is comparable to other projects of a similar scale in Santa Ana. Additional information on how the project compares to recently - approved, under -construction, or entitled projects is available in Table 4 of this report and in Exhibit 9 of the Planning Commission staff report. Site Access Following negotiations with the Santa Ana Unified School District, the property owner, and developer, the existing access easement for Taft Elementary School will remain but with modifications. A portion of the easement will be designed to provide circulation for both student pick-up and drop-off, fire service access, as well as residential onsite circulation. This easement was analyzed by staff and alternative designs were considered. However, after a site visit to the school site, it was identified that the rear school pick-up and drop-off area was minimally used. The observations and traffic study indicate minimal conflicts between these uses. The proposed configuration is the superior design to meet the needs of the development and the school and generates the least impact to the surrounding community. 751-3 ER No. 2018-75, GPA No. 2019-01, AA No. 2019-01 June 4, 2019 Page 4 The site will be serviced by three driveways. The easternmost driveway will provide access to the school. The driveway will split into two as it reaches the north property line. A new gate will limit access to the school, which will also be used for emergency vehicle access. The two driveways will merge into one as it reaches the western property line. This single driveway will exit onto Sunflower Avenue towards the west property line. The main vehicular entry to the site will be located in the center driveway approach. The main driveway will provide access to the parking garage through a formal entry and motor court design. A designated rideshare waiting area in the motor court will accommodate alternative transportation options for the tenants. There are several parking spaces located at the front for guests and future tenants. Housing Opportunity Ordinance Compliance In accordance with the Housing Opportunity Ordinance (SAMC Sec. 41-1904), the developer has opted to pay in -lieu fees to satisfy the inclusionary housing requirement. As part of the City of Santa Ana Housing Opportunity Ordinance, the developer will pay an estimated $2.81 million in - lieu fee to the City in order to allocate funds to other affordable residential unit developments in the city. Table 3: Housing Opportunity Fee Summary Habitable Square Footage linclusionamy HousingLfee Estimated Fee 187,565 $15 per square foot $2,813,475 "As measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways Analysis of the Issues The applicant is requesting approval of entitlements to facilitate construction of a five -story multiple -family residential community adjacent to lower -intensity land uses. The project has been designed to reduce its impacts onto the surrounding community. An analysis of issues is presented in Table 4 on the following pages. Table 4: Issues Analysis Issue - Analyst— �= Scale The project has been designed to minimize its aesthetic impact onto the surrounding neighborhood. Courtyards in the southern and eastern portions of the project will minimize the perceived volume of the project from Sunflower Avenue and the duplex community to the east, respectively. The building's number of stories is scaled down on the east elevation, providing a step-down of the structure adjacent to the duplexes. The project is set back over 43 feet from the duplex community to the east and is buffered from the community with the two-way onsite drive aisle. The building's northern edge is set back 35 feet from the northern property line adjacent to Taft Elementary School, and a mural on the parking structure and extensive landscaping will minimize the impact of the development on the school. Shade and Shadow A shade and shadow analysis indicates that the duplexes to the east will experience partial shade during summer evenings at approximately 6:00 .m. 751-4 ER No. 2018-75, GPA No. 2019-01, AA No. 2019-01 June 4, 2019 Page 5 and during winter afternoons (at approximately 3:00 p.m.). There are no anticipated shade impacts to the north, south, or west. Density At 63 units per acre, the project would form a component of a tiered range of densities in the vicinity, with similar or more intense projects to the south across Sunflower Avenue in the City of Costa Mesa, and with lower -intensity multiple - family communities to the west and east. The project site does not border any single-family residential neighborhoods. Of the seven surveyed projects entitled, under construction, or completed in Santa Ana analyzed in Table 8 of exhibit 9 of the Planning Commission staff report, the project is the second -lowest in density, with the overall survey's range of 54 to 94 dwelling units per acre. Onsite Parking The City's parking requirements for multiple -family dwellings in SAMC Sec. 41- 1322 would require 586 parking spaces, which is 134 spaces more than the proposed 452 onsite parking spaces. The applicants submitted a parking study prepared by Linscott, Law & Greenspan, Engineers (LLG) that was peer - reviewed by the Planning Division and Public Works Agency. The parking study indicates that the proposed development and its location near a major employment center and mixed -use shopping area would generate a demand of 379 parking spaces for the residents, which is 73 parking spaces less than the 452 proposed onsite spaces. This will result in a surplus of 73 parking spaces. The full study is included as Exhibit 10 in the Planning Commission staff report. Parking Structure The parking structure is designed with one-half level underground and six levels Design above ground. No portion of the parking structure will project above the residential buildings, ensuring that it is concealed from view from the surrounding neighborhood. In addition, the north elevation of the parking structure will be concealed with murals and artwork where it faces Taft Elementary School, and additional landscaping will provide a buffer between the structure and the school. Compatibility The area in which the project is proposed contains a mix of multiple -family projects that are similar or more intense than the proposed development, duplexes, single-family homes, mixed -use developments, and commercial land uses. The project site does not abut any single-family properties and is similar in scale and architectural style with the residential developments to the south of the project site in the City of Costa Mesa. The project has been designed to avoid circulation impacts on adjacent neighborhoods by locating all three of its driveways on Sunflower Avenue. Residents and visitors to the site will not be able to access the development through any existing neighborhood streets. A comprehensive landscape plan has been designed to assist with the project's integration into the surrounding streetscape. The landscape plan anticipates the eventual widening of Sunflower Avenue to accommodate a bike lane; once the widening is complete, the ground -floor portion of the project along Sunflower Avenue will maintain privacy and landscaping. Regional Housing The Housing Element Annual Progress Report includes a summary of Santa Needs Allocation Ana's progress in meeting its share of the RHNA. There were a total of 1,372 (RHNA) building permits issued for new housing units in 2018, of which 42 percent or 577 housing units are affordable. With these new units, the City substantially exceeds the overall target for Santa Ana's RHNA 204-unit allocation, by over six times. The summary of new housing also exceeds by a multiplier of four the Cit 's 751-5 ER No. 2018-75, GPA No. 2019-01, AA No. 2019-01 June 4, 2019 Page 6 Issue_ aAnalysrs . _ ._ adopted Housing Element (2024-2021) goal of developing 405 RHNA units through identified housing opportunity sites. California Environmental Quality Act The applicant submitted a development proposal that requires the approval of several discretionary applications. Given the size and location of the project, as well as the proposed zoning and general plan modifications, environmental review is required pursuant to the California Environmental Quality Act (CEQA). After completion of the Initial Study for the project, it was determined that the proposed development requires preparation and certification of a Mitigated Negative Declaration (MND). The purpose of an MND is to identify the project's effects on the environment and to indicate the manner in which those significant effects can be mitigated or avoided. To determine what potential effects would be caused by the project, the MND examines environmental issues potentially affected by the project, with potentially significant impacts identified in the Noise, Transportation, Hazards and Hazardous Materials, and Tribal Cultural Resources categories. Among these categories, mitigation measures are proposed to reduce the impacts to the "Potentially Significant Unless Mitigation Incorporated" level for noise and vibration generated by construction activities and exposure of residential units adjacent to an arterial roadway, transportation impacts, and tribal cultural resources impact during construction. Mitigation measures will reduce vibration and noise impacts generated by construction activities, will reduce noise inside residential units stemming from the project's proximity to Sunflower Avenue, and will ensure archaeological specialists are available should any artifacts be uncovered during construction. The MND's traffic study indicates that two nearby intersections, Sunflower Avenue/Main Street and Flower Street/MacArthur Boulevard, will experience Level of Service (LOS) reductions from "D" to "E" with or without the project in Year 2040 traffic conditions. To address transportation impacts, a proposed mitigation measure requires the developer to modify an existing traffic signal at the intersection of Sunflower Avenue and Main Street to provide a southbound right -turn overlap phase to improve intersection efficiencies. General Plan Amendment To allow for the construction of a multiple -family residential development on this parcel, a General Plan amendment is required. Currently, the land use designation for this site is Low - Density Residential (LR-7), which applies to areas that are predominately developed with single- family residential. This project will require an amendment to the Land Use Element to amend the General Plan Land Use designation of the site to Urban Neighborhood (UN) with a density of 63 dwelling units per acre and a floor area ratio (FAR) of 1.80. The project is consistent with the UN land use designation, which applies primarily to residential or mixed -use areas with pedestrian oriented commercial uses, schools and small parks. The existing intensity standard found in the General Plan for the UN land use ranges from a floor area ratio of 0.5 to 3.0 with the residential density based on a combination of floor area ratio and zoning development standards; the proposed development is consistent with this range and is consistent with the intent, character 751-6 ER No. 2018-75, GPA No. 2019-01, AA No. 2019-01 June 4, 2019 Page 7 and intensity standards of the LIN land use designation. Additional comparative information is provided in Exhibit 11 attached to this staff report. If approved, the project will support several goals and policies of the Housing Element. The project is consistent with Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community. In addition, the project supports Goal 4, to provide adequate rental supportive services. Amendment Application The subject site has Single -Family Residence (R-1) zoning district. Approval of an amendment application to change the zoning district is required for the project. The Specific Development (SD) designation allows flexibility of the uses and development standards that are tailored to a unique and specific project. If the zone change is approved, a series of site -specific objectives, policies and development standards will be used to guide the development of the proposed project such as setbacks, parking and height to allow the exclusive entitlement of the permanent supportive housing project. The SD document has been drafted to be consistent with the project and prohibits future modifications to alter the site, including enlarging or reducing the size of the project. The zone change needs to be approved in conjunction with the proposed General Plan Amendment in order for the project to be consistent with the General Plan. Table 5 below contains a narrative of the Specific Development's proposed development standards. Table 5: Specific Development 94 — Maior Development Standards Narrative IStanda d 0 0 SWM IDescription Floor Area Ratio 1.80 FAR Minimum Lot Area 3.0 Acres Minimum Street 550 Feet Frontage Maximum Building 75 Feet Height Minimum Building As per approved plans; minimum 5 feet from Sunflower Avenue, Minimum 20 Setbacks feet from the interior side property line; Minimum 30 feet from the rear property line Onsite Parking Minimum 2.0 parking spaces per unit, inclusive of guest parking Onsite Open Space Minimum 200 square feet onsite per each residential unit; Minimum 15 and Landscaping percent open space onsite for courtyards, common area amenities, perimeter plaza, and perimeter open sace areas. Public Art One-half percent (0.5%) of the building's valuation, inclusive of the residential and parking structure components. 751-7 ER No. 2018-75, GPA No. 2019-01, AA No. 2019-01 June 4, 2019 Page 8 Table 6: CEQA. Strategic Plan Alignment, and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification & Communi ' Outreach . CEQA CEQA Type Mitigated Negative Declaration (MND) Environmental Review No. 2018-75. No areas of significant and unavoidable impact were determined from the construction or operation of the proposed project (Exhibit 11 of the Planning Commission staff report). The project will require adoption of a Mitigation Monitoring and Reporting Program (MMRP), which contains mitigation measures to address hazards and hazardous materials, noise stemming from construction and proximity to a major roadway, traffic impacts to the intersection of Main Street and Sunflower Avenue, and tribal resources. Public Notification A notice of intent and final MND was circulated to interested parties on March 19, 2019 and published in the Orange County Register on March 19, 2019. The final MND was available for public review at the Santa Ana City Hall, City of Santa Ana Main Library, and on the project web a e on the City's website. Public Notification,, & Community Outreach _.. Required A community meeting was held on June 6, 2018 at 5:30 p.m. at the Four Square Measures Church (subject site) in accordance with the provisions of the City's Sunshine Ordinance. Two members of the public and Planning Division staff attended. The applicant provided all the required information to the City after the meeting. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on May 24, 2019. Newspaper posting was published in the Orange County Register on May 24, 2019. Additional The applicant has met with the Sandpointe Neighborhood Association several Measures times to discuss the proposed development and to address impacts that could result from the development. The applicants and Sandpointe representatives met in March 2018 and again in March 2019 to review changes to the project, including increasing the onsite parking to 2.0 spaces per unit and reducing the number of units from 240 to the presently -proposed 226. The applicant has also entered into a separate agreement with the Sandpointe Neighborhood Association to contribute funds to develop a website for the Neighborhood Association, to allow use of the proposed development's business and conference center facilities for the Neighborhood Association's board meetings, provide security patrols for the neighborhood, and to contribute funds toward installing lighting for the Sandpointe Neighborhood Association entry monument on MacArthur Boulevard. The City received two letters of support for the project. The first letter was issued by Diane Pritchett on behalf of the South Coast Metro Alliance; the second was issued by Emily Benedick on behalf of the Lakes Costa Mesa Association. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Objective #2 (create new opportunities for business/job growth development through new General Plan and Zoning Ordinance policies). Economic Development, and encourage private 751-8 ER No. 2018-75, GPA No. 2019-01, AA No. 2019-01 June 4, 2019 Page 9 FISCAL IMPACT The proposed development is estimated to generate approximately $7,000,000 in City permit and school district fees and will create 683 full and part-time jobs during construction and 9 permanent jobs. Following development, the improvements to the site are expected to result in an annual property tax revenue of $174,400 and annual sales tax revenues of $48,789. The annual sales tax revenue is forecast based on the community's residents living in close proximity to one of the City's strongest commercial corridors on South Bristol Street. Based on a comprehensive review of taxes and fees generated by the development and City expenses resulting from the development, the net new General Fund revenue is projected to be approximately $9,869,000 over a 25-year period. Minh Thai Executive Director Planning and Building Agency IO:la S:RFCA\2019\06-04-19\Legacy Sunflower\PBA-GPA 2019-01 AA 2019-01 RFCA Version Zoo Exhibits: 1. Planning Commission Staff Report and Resolution 2. MND and Resolution 3. General Plan Amendment Resolution 4. Amendment Application Ordinance 751-9 751-10 EXHIBIT 1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 13, 2019 TITLE: PUBLIC HEARING — ENVIRONMENTAL REVIEW NO.2018-75 FOR GENERAL PLAN AMENDMENT NO.2019-01 AND AMENDMENT APPLICATION NO.2019-01 TO FACILITATE CONSTRUCTION OF A 226-UNIT MULTIPLE -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 651 WEST SUNFLOWER AVENUE (STRATEGIC PLAN NOS. 3, 2; 5, 3; 5,4) Ivan Orozco Prepared by All Pezeshkpour, AICP Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Mana er Adopt a resolution recommending that the City Council approve and adopt Mitigated Negative Declaration, Environmental Review No. 2018-75, General Plan Amendment No. 2019-01, and Amendment Application No. 2019-01 for Specific Development No. 94 (SD 94). Executive Summary Andrea Maloney, representing Legacy Partners, LLC, is requesting approval of several entitlements to facilitate the development of a 226-unit multiple -family housing community at 651 West Sunflower Avenue. Specifically, the applicant is requesting a general plan amendment to redesignate the property from Low -Density Residential (LR-7) to Urban Neighborhood (UN), and an amendment application to rezone the property from Single -Family Residential (R-1) to Specific Development No. 94 (SD-94). Staff is recommending approval of the project as the proposed development is consistent with similar projects in the vicinity and because the project has been designed to minimize or eliminate impacts on surrounding neighborhoods. The subject project was scheduled for Planning Commission consideration at the April 22, 2019 meeting. After opening the public hearing, the Planning Commission continued the item to May 13, 2019 to provide the City additional time to review correspondence received addressing the environmental review and public notification for the project. Project Location and Site Description The subject site is a 3.59-acre parcel located at the northeast corner of Sunflower Avenue and Flower Street. Surrounding properties Include Taft Elementary School to the north, duplexes to the 751-11 ER No. 2018-75, GPA No. 2019-01, & AA No. 2019-01 — Legacy Sunflower May 13, 2019 Page 2 east, multiple -family residential developments to the south across Sunflower Avenue in the City of Costa Mesa, and multiple -family residential developments to the west across Flower Street. A regional drainage channel abuts the site to the west, and a public art piece is currently installed southwest of the site on an adjacent parcel. The site is currently improved with a 9,875-square foot, single -story church building with associated parking and landscaping. The building will be demolished as part of the proposed development, and the church has indicated a desire to relocate within Santa Ana. The church currently provides Taft Elementary School an access easement for student drop-off and pick-up, which has existed for several years. The entrance to the access easement is at the eastern most driveway and wraps around the site counter -clockwise to enter the school property and exit onto Sunflower Avenue at the westernmost driveway. The easement will remain after the site is developed with the proposed residential development. Table 1: Protect Location Information Item Information Project Address 651 West Sunflower Avenue Nearest Intersection Sunflower Avenue and Flower Street General Plan Designation Existing: Low -Density Residential LR-7 Proposed: Urban Neighborhood (UN) Zoning Designation Existing: Single -Family Residential R-1 Proposed: Specific Development No. 94 SD-94 Surrounding Land Uses North Elementary School East Duplexes South Multiple -Family Residential(City of Costa Mesa West Multi le-Famil Residential Property Size 3.59 acres (156,337 square feet) Existing Site Development The site contains a one-story, 9,875-square foot church building with parking and landscaping. Applicable Zoning Code Sections Existing: SAMC Chapter 41, Article III, Division 3 (Single -Family Residence Proposed: SAMC Chapter 41, Article III, Division 26 (Specific Development) Entitlements SAMC Chapter 41, Article V, Division II (Amendments and Change to District Boundaries) Protect Background and Chronoloav City records indicate that the site was developed with a church building with Sunday school services in 1968. Several building permits have been issued through the years for minor tenant improvements. Most of the improvements to the site were related to electrical upgrades and site improvements for ADA accessibility. 751-12 ER No. 2018-75, May 13, 2019 Page 3 GPA No. 2019-01, & AA No. 2019-01 — Legacy Sunflower The Sound Four Square church has indicated that attendance to the church services has lessened through the years. Looking at alternatives for the site, the church began communication with Legacy Partners to identify a possible development of the site. As part of the sale agreementforthe property, the Four Square church administration will be allocated ownership rights and assistance for relocation in Santa Ana. Early discussions indicate that the church is seeking to relocate closer to Downtown Santa Ana. Protect Description The applicant is proposing to clear the site and develop a multiple -family residential development. The development will contain a five -story, 226-unit residential building with 452 parking spaces provided in a six -level parking structure with a partial subterranean level. No tandem parking spaces are proposed within the project. The top garage level will not project above the residential building, ensuring it is adequately screened from view by the entire development. No commercial or mixed -use component is proposed. Unit Mix The unit mix will include studio, one -bedroom, and two -bedroom units. Each unit will contain laundry equipment, in -unit storage, and high -quality finishes. Parking is provided at two spaces per unit, inclusive of guest parking. Additional unit details are provided in Table 2, below. Table 2: Applicant Proposed Unit Mix and Unit Square Footage Unit Type ' Number of Units % S uare:Foota a 0 Units . Studios 35 16% 603-613 One -Bedrooms 114 50% 613-751 Two -Bedrooms 77 34% 1,035-1,113 Total(density) 226 63 units per acre 100% - Design The building is designed with contemporary architectural design features. Elements such as stone veneer, multiple brick veneers, metal panels, imagery panels, metal balconies, flat and metal seamed roofs all assist in conveying a modem design. The parking structure is located to the northeast of the site with residential units wrapping around the east, south, and west of the structure in a semi -circle shape design. The community will be developed with extensive onsite amenities, including a central pool, barbecue, and plaza area. There are several designated open spaces surrounding the site for active and passive recreational activities. The eastern and southeastern portions of the site will contain a dog park, residential gardens, and outdoor dining area. The pool will be located in the western courtyard and will be surrounded by furniture and hardscape. 751-13 ER No. 2018-75, GPA No. 2019-01, & AA No. 2019-01 — Legacy Sunflower May 13, 2019 Page 4 Parking The project will provide 452 total parking spaces, which represents a gross rate of 2.0 spaces per residential unit. This parking total allows each bedroom to be assigned one full parking space, for a total of 303 parking spaces. The project will also provide 57 guest parking spaces, at a rate of 0.25 parking spaces per unit. A total of 92 extra parking spaces will be available for use by residents and/or guests. The onsite parking is comparable to other projects of a similar scale in Santa Ana. Additional information on how the project compares to recently -approved, under - construction, or entitled projects is available in Table 4 of this report and in Table 7 of Attachment 11. Site Access Following negotiations with the Santa Ana Unified School District, the property owner, and developer, the existing access easement for Taft Elementary School will remain but with modifications. A portion of the easement will be designed to provide circulation for both student pick-up and drop-off, fire service access, as well as residential onsite circulation. This easement was analyzed by staff and alternative designs were considered. However, after a site visit to the school site, It was identified that the rear school pick-up and drop-off area was minimally used. The observations and traffic study Indicate minimal conflicts between these uses. The proposed configuration is the superior design to meet the needs of the development and the school and generates the least impact to the surrounding community. The site will be serviced by three driveways. The easternmost driveway will provide access to the school. The driveway will split into two as it reaches the north property line. A new gate will limit access to the school, which will also be used for emergency vehicle access. The two driveways will merge into one as it reaches the western property line. This single driveway will exit onto Sunflower Avenue towards the west property line. The main vehicular entry to the site will be located In the center driveway approach. The main driveway will provide access to the parking garage through a formal entry and motor court design. A designated rideshare waiting area in the motor court will accommodate alternative transportation options for the tenants. There are several parking spaces located at the front for guests and future tenants. In accordance with the Housing Opportunity Ordinance (SAMC Sec. 41-1904), the developer has opted to pay in -lieu fees to satisfy the incluslonary housing requirement. As part of the City of Santa Ana Housing Opportunity Ordinance, the developer will pay an estimated $2.81 million in - lieu fee to the City in order to allocate funds to other affordable residential unit developments in the city. Table 3: Housing Opportunity Fee Summary Habitable Square Footage I Incluslonary Housing Fee I Estimated Fee 187,565 1 $15 Der square foot I $2 813 475 As measured from the exterior walls of the residential units. This calculation does not include exterior hallwavc �vmu,vu alaaJ, Ia11ub[ pe, open space or exterior stairways 751-14 ER No. 2018-75, GPA No. 2019-01, & AA No. 2019-01 — Legacy Sunflower May 13, 2019 Page 5 Analysis of the Issues The applicant is requesting approval of entitlements to facilitate construction of a five -story multiple -family residential community adjacent to lower -intensity land uses. The project has been designed to reduce its impacts onto the surrounding community. An analysis of issues is presented In Table 4 on the following pages. Table 4: Issues Analysis Issue A.ralysis Scale The project has been designed to minimize its aesthetic impact onto the surrounding neighborhood. Courtyards in the southern and eastern portions of the project will minimize the perceived volume of the project from Sunflower Avenue and the duplex community to the east, respectively. In addition, the building's number of stories is scaled on the east elevation, providing a step- down of the structure adjacent to the duplexes. Moreover, the project is set back over 43 feet from the duplex community to the east and is buffered from the community with the two-way onsite drive aisle. The building's northern edge is set back 35 feet from the northern property line adjacent to Taft Elementary School, and a mural on the parking structure and extensive landscaping will minimize the impact of the development on the school. Finally, a shade and shadow analysis indicates that the duplexes will experiences partial shade during summer evenings (at approximately 6:00 p.m.) and during winter afternoons (at approximately 3:00 p.m.). There are no anticipated shade impacts to the north, south, or west. Density The project proposes a density of 63 units per acre. As proposed, the project would form a component of a tiered range of densities in the vicinity, with similar or more intense projects to the south across Sunflower Avenue in the City of Costa Mesa, and with lower -intensity multiple -family communities to the west and east. The project site does not border any single-family residential neighborhoods. Of the seven surveyed projects entitled, under construction, or completed in Santa Ana analyzed in Table 8 of Attachment 11 of this report, the project is the second -lowest in density, with the overall survey's range of 54 to 94 dwelling units per acre. Onsite Parking The City's parking requirements for multiple -family dwellings in SAMC Sec. 41- 1322 would require 586 parking spaces, which is 134 spaces more than the proposed 452 onsite parking spaces. The applicants submitted a parking study prepared by Linscott, Law & Greenspan, Engineers (LLG) that was peer - reviewed by the Planning Division and Public Works Agency. The parking study indicates that the proposed development and its location near a major employment center and mixed -use shopping area would generate a demand of 379 parking spaces for the residents, which is 73 parking spaces less than the 452 proposed onsite spaces. This will result in a surplus of 73 parking spaces_ . - The full study is included as Exhibit 12 with -this staff report. Parking Structure The parking structure is designed with one-half level underground and six levels Design above ground. No portion of the parking structure will project above the residential buildings, ensuring that it is concealed from view from the surrounding neighborhood. In addition, the north elevation of the parking structure will be concealed with murals and artwork where it faces Taft 751-15 ER No. 2018-75, May 13, 2019 Page 6 GPA No. 2019-01, & AA No. 2019-01 — Legacy Sunflower Issue Analysis Elementary School, and additional landscaping will provide a buffer between the structure and the school. Compatibility The area in which the project is proposed contains a mix of multiple -family projects that are similar or more intense than the proposed development, duplexes, single-family homes, mixed -use developments, and commercial land uses. The project site does not abut any single-family properties and is similar in scale and architectural style with the residential developments to the south of the project site in the City of Costa Mesa. The project has been designed to avoid circulation impacts on adjacent neighborhoods by locating all three of its driveways on Sunflower Avenue. Residents and visitors to the site will not be able to access the development through any existing neighborhood streets. A comprehensive landscape plan has been designed to assist with the project's integration into the surrounding streetscape. The landscape plan anticipates the eventual widening of Sunflower Avenue to accommodate a bike lane; once the widening is complete, the ground -floor portion of the project along Sunflower Avenue will maintain privacy and landscaping. Regional Housing The Housing Element Annual Progress Report includes a summary of Santa Needs Allocation Ana's progress in meeting its share of the RHNA. There were a total of 1,372 (RHNA) building permits issued for new housing units in 2018, of which 42 percent or 577 housing units are affordable. With these new units, the City substantially exceeds the overall target for Santa Ana's RHNA 204-unit allocation, by over six times. The summary of new housing also exceeds by a multiplier of four the City's adopted Housing Element (2024-2021) goal of developing 405 RHNA units through identified housing opportunity sites. California Environmental Quality Act The applicant submitted a development proposal that requires the approval of several discretionary applications. Given the size and location of the project, as well as the proposed zoning and general plan modifications, environmental review is required pursuant to the California Environmental Quality Act (CEQA). After completion of the Initial Study for the project, it was determined that the proposed development requires preparation and certification of a Mitigated Negative Declaration (MND). The purpose of an MND is to identify the project's effects on the environment and to indicate the manner in which those significant effects can be mitigated or avoided. To determine what potential effects would be caused by the project, the MND examines environmental issues potentially affected by the project, with potentially significant impacts identified in the Noise, Transportation, Hazards and Hazardous Materials, and Tribal Cultural Resources categories. Among these categories, mitigation measures are proposed to reduce the impacts to the "Potentially Significant Unless Mitigation Incorporated" level for noise and vibration generated by construction activities and exposure of residential units adjacent to an arterial roadway, transportation impacts, and tribal cultural resources impact during construction. Mitigation measures will reduce vibration and noise impacts generated by construction activities, will reduce noise Inside residential units stemming from the project's proximity to Sunflower Avenue, and will ensure archaeological specialists are available should any artifacts be uncovered during construction. 751-16 ER No. 2018-75, GPA No. 2019-01, & AA No. 2019-01 — Legacy Sunflower May 13, 2019 Page 7 The MND's traffic study indicates that two nearby intersections, Sunflower Avenue/Main Street and Flower Street/MacArthur Boulevard, will experience Level of Service (LOS) reductions from "D" to "E" with or without the project in Year 2040 traffic conditions. To address transportation impacts, a proposed mitigation measure requires the developer to modify an existing traffic signal at the intersection of Sunflower Avenue and Main Street to provide a southbound right -turn overlap phase to improve intersection efficiencies. General Plan Amendment To allow for the construction of a multiple -family residential development on this parcel, a general plan amendment is required. Currently, the land use designation for this site is Low -Density Residential (LR-7), which applies to areas that are predominately developed with single-family residential. This project will require an amendment to the Land Use Element to amend the General Plan Land Use designation of the site to Urban Neighborhood (UN) with a density of 63 dwelling units per acre and a floor area ratio (FAR) of 1.80. The project is consistent with the UN land use designation, which applies primarily to residential or mixed -use areas with pedestrian oriented commercial uses, schools and small parks. The existing intensity standard found in the General Plan for the UN land use ranges from a floor area ratio of 0.5 to 3.0 with the residential density based on a combination of floor area ratio and zoning development standards; the proposed development is consistent with this range and is consistent with the intent, character and intensity standards of the UN land use designation. Additional comparative information Is provided in Exhibit 11 attached to this staff report. If approved, the project will support several goals and policies of the Housing Element. The project is consistent with Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community. In addition, the project supports Goal 4, to provide adequate rental supportive services. Amendment Application The subject site has Single -Family Residence (R-1) zoning district. Approval of an amendment application to change the zoning district is required for the project. The Specific Development (SD) designation allows flexibility of the uses and development standards that are tailored to a unique and specific project. If the zone change is approved, a series of site -specific objectives, policies and development standards will be used to guide the development of the proposed project such as setbacks, parking and height to allow the exclusive entitlement of the permanent supportive housing project. The SD document has been drafted to be consistent with the project and prohibits future modifications to alter the site, including enlarging or reducing the size of the project. The zone change needs to be approved in conjunction with the proposed General Plan Amendment in order for the project to be consistent with the General Plan. Table 5 below contains a narrative of the Specific Development's proposed development standards. 751-17 ER No. 2018-75, GPA No. 2019-01, & AA No. 2019-01 — Legacy Sunflower May 13, 2019 Page 8 Table 5: Specific Development 94 — Maior Development Standards Narrative Standard 'Description Floor Area Ratio FAR 1.80 Minimum Lot Area 3.0 Acres Minimum Street 550 Feet Frontage Maximum Building 75 Feet Height Minimum Building As per approved plans; minimum 5 feet from Sunflower Avenue, Minimum 20 Setbacks feet from the interior side property line; Minimum 30 feet from the rear property line Onsite Parking Minimum 2.0 parking spaces per unit, inclusive of quest parking Onsite Open Space Minimum 200 square feet onsite per each residential unit; Minimum 15 percent and Landscaping open space onsite for courtyards, common area amenities, perimeter plaza, and perimeter open sace areas. Public Art One-half percent (0.5%) of the building's valuation, inclusive of the residential and parkinq structure components. Economic Analysis The proposed development is estimated to generate approximately $7,000,000 in City permit and school district fees and will create 683 full and part-time jobs during construction and 9 permanent jobs. Following development, the improvements to the site are expected to result in an annual property tax revenue of $174,400 and annual sales tax revenues of $48,789. The annual sales tax revenue is forecast based on the community's residents living in close proximity to one of the City's strongest commercial corridors on South Bristol Street. Based on a comprehensive review of taxes and fees generated by the development and City expenses resulting from the development, the net new General Fund revenue is projected to be approximately $9,869,000 over a 25-year period. Table 6: CEQA. Strategic Plan Alignment. and Public Notification & Community Outreach CEQA,.Strategic Plan Alignment, and Public Notification & Communi Outreach• CEQA -No. CEQA Type Mitigated Negative Declaration (MND) Environmental Review 2018-75. No areas of significant and unavoidable impact were determined from the construction or operation of the proposed project (Exhibit 13). The project will require adoption of a Mitigation Monitoring and Reporting Program (MMRP), which contains mitigation measures to address hazards and hazardous materials, noise stemming from construction and proximity to a major roadway, traffic impacts to the intersection of Main Street and Sunflower Avenue, and tribal resources. Public Notification A notice of intent and final MND was circulated to interested parties on March 19, 2019 and published in the Orange County Register on March 19. 2019. The final MND was available for public review at the Santa Ana City Hall, City of Santa Ana Main Library, and on the project web a e on the Cit 's website. Strategic Plan'Ali nment 751-18 ER No. 2018-75, GPA No. 2019-01, & AA No. 2019-01 — Legacy Sunflower May 13, 2019 Page 9 CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach Goal(s), Policy or Approval of this item supports Goal No. 3 Economic Development, Policies Objective No. 2 (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), and Goal No. 5 Community Health, Livability, Engagement and Sustainability, Objective No. 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective No. 4 (Support neighborhood vitality and livability). Public Notification & Community Outreach Required A community meeting was held on June 6, 2018 at 5:30 p.m. at the Four Square Measures Church (subject site) in accordance with the provisions of the City's Sunshine Ordinance. Two members of the public and Planning Division staff attended. The applicant provided all the required information to the City after the meeting. A public noticed was posted on the project site on April 11, 2019. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on April 11. 2019. Newspaper posting was published in the Orange County Register on April 12, 2019. Additional The applicant has met with the Sandpointe Neighborhood Association several Measures times to discuss the proposed development and to address impacts that could result from the development. The applicants and Sandpointe representatives met in March 2018 and again in March 2019 to review changes to the project, including increasing the onsite parking to 2.0 spaces per unit and reducing the number of units from 240 to the presently -proposed 226. The applicant has also entered Into a separate agreement with the Sandpointe Neighborhood Association to contribute funds to develop a website for the Neighborhood Association, to allow use of the proposed development's business and conference center facilities for the Neighborhood Association's board meetings, provide security patrols for the neighborhood, and to contribute funds toward installing lighting for the Sandpointe Neighborhood Association entry monument on MacArthur Boulevard. The City received two letters of support for the project. The first letter was issued by Diane Pritchett on behalf of the South Coast Metro Alliance; the second was Issued by Emily Benedick on behalf of the Lakes Costa Mesa Association. Conclusion Based on the analysis in this report, staff is supportive of General Plan Amendment No. 2019-01 and Amendment Application No. 2019-01 for the site as redevelopment of the site with a residential community provides additional housing in a prime location that is accessible to retail and employment opportunities with multimodal transportation options. The project will also enhance the City's economic and fiscal viability through the increase in property tax values as well as an increase in sales tax generated from the residents who will live in close proximity to one of the City's largest commercial districts. 751-19 ER No. 2018-75, GPA No. 2019-01, & AA No. 2019-01 — Legacy Sunflower May 13, 2019 Page 10 Ivan Orozco Assistant Planner AP/IO:sb &Planning Commission/2919l5-13.191Legacy Sunflower All Pezeshkpour, / ICP Senior Planner Exhibits: 1. Planning Commission Resolution 2. Vicinity Zoning and Aerial View 3. Site Photos 4. Overall Site Plan 5. Floor Plans 6. Building Elevations 7. Renderings 8. Landscape Plan 9. Project Density and Parking Comparisons 10. Parking Study 11. Mitigated Negative Declaration (MND) and Technical Appendices 751-20 EXHIBIT 1 751-21 LS 5.13.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPT A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL REVIEW NO. 2018-75) AND A MITIGATION MONITORING AND REPORTING PROGRAM; ADOPT A RESOLUTION APPROVING GENERAL PLAN NO. 2019-01 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW -DENSITY RESIDENTIAL TO URBAN NEIGHBORHOOD; AND ADOPT AN ORDINANCE FOR AMENDMENT APPLICATION NO. 2019-01 TO REDESIGNATE THE ZONING DISTRICT FROM SINGLE-FAMILY RESIDENCE TO SPECIFIC DEVELOPMENT NO. 94 FOR THE PROJECT LOCATED AT 651 WEST SUNFLOWER AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Legacy Partners (Applicant) is requesting approval of General Plan Amendment No. 2019-01 to amend the General Plan land use designation of the property located at 651 West Sunflower Avenue from Low -Density Residential (LR-7) to Urban Neighborhood (UN) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate the construction of a 226-unit multiple -family residential community on the 3.59- acre property. Article 5 of Chapter 3 of Division 1 of Title 7 (commencing with Section 65300) of the Government Code requires the City to prepare and adopt a comprehensive, long-term general plan for the physical development of the City, which may be amended by the City Council from time to time. B. Applicant is requesting approval of Amendment Application No. 2019-01 pursuant to Section 41-659 et seq. (Division 2 of Article V of Chapter 41) of the Santa Ana Municipal Code to redesignate the subject property from Single -Family Residence (R-1) to Specific Development No. 94 (SD-94). C. On April 22, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. The public hearing was opened, public testimony was taken, and the public hearing was continued to May 13, 2019. D. On May 13, 2019, the Planning Commission of the City of Santa Ana held a 751-22 duly noticed public hearing. During its deliberations, all interested persons were given full opportunity to be heard and present evidence, and the Planning Commission considered the environmental analysis and mitigation measures described in the draft Mitigated Negative Declaration, Environmental Review No. 2018-75. E. The Planning Commission has reviewed the information presented in the Request for Planning Commission Action staff report dated May 13, 2019, including any and all attachments therein. F. As part of the recommended action, the City Council will adopt separate resolutions for Mitigated Negative Declaration, Environmental Review No. 2018-75; for General Plan Amendment No. 2019-01; and an ordinance for Amendment Application No. 2019-01 (Attachments 1, 2, and 3). Section 2. The Planning Commission has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-75, prepared with respect to this project. The MND and Mitigation Monitoring and Reporting Program are included as Attachment 13 to the Request for Planning Commission Action for the project dated May 13, 2019. Pursuant to CEQA Guidelines Section 15074(a), the Planning Commission considered the analysis and conclusion of the MND as well as the mitigations outlined in the Mitigation Monitoring and Reporting Program. The Planning Commission recommends, as a result of its consideration and the evidence presented at the hearings on this matter, that the City Council determine that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the Planning Commission recommends that the City Council find that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment and the MND reflects the independent judgment and analysis of the City Council. Section 3. This Planning Commission of the City of Santa Ana after conducting the public hearing hereby recommends that the City Council of the City of Santa Ana adopt the Mitigated Negative Declaration, Environmental Review No. 2018- 75 and approve the Mitigation Monitoring and Reporting Program, consistent with Public Resources Code section 21081.6; make implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program a condition of approval of the Project; adopt the Mitigation Monitoring and Reporting Program; and direct that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law; adopt a resolution approving General Plan Amendment No. 2019-01; and adopt an ordinance approving Amendment Application No. 2019-01 to facilitate construction of the subject development. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all 751-23 claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this 13th day of May, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson 751-24 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 13, 2019. Date: Commission Secretary City of Santa Ana 751-25 ATTACHMENT A OF EXHIBIT 1 751-26 LS 5.13.19 RESOLUTION NO.2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2018-75 AND GENERAL PLAN AMENDMENT NO. 2019-01 FOR THE PROPERTY LOCATED AT 651 WEST SUNFLOWER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Article 5 of Chapter 3 of Division 1 of Title 7 (commencing with Section 65300) of the Government Code requires the City to prepare and adopt a comprehensive, long-term general plan for the physical development of the City. B. On February 2, 1998, the City of Santa Ana adopted the Land Use Element of the General Plan, which has since been amended from time to time. C. Legacy Partners (Applicant) is requesting approval of General Plan Amendment No. 2019-01 to amend the General Plan land use designation of the property located at 651 West Sunflower Avenue from Low -Density Residential (LR) to Urban Neighborhood (UN) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate the construction of a 226-unit multiple -family residential community on the 3.59- acre property. D. On January 2, 2019, pursuant to Senate Bill 18, the City mailed consultation letters to all tribes listed on the Native American Heritage Commission (NAHC) Tribal Consultation List. The consultation period has since concluded. E. On April 22, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. The item was continued to the May 13, 2019 Planning Commission hearing, however, the item was opened for public comment. F. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution adopting Mitigated Negative Declaration, Environmental Review No. 2018-75 and approving General Plan Amendment No. 201MI. G. On June 4, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2019-01, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal 751-27 prerequisites to the adoption of this Resolution occurred. H. General Plan Amendment No. 2019-01 has been filed to amend the General Plan to change the land use designation of the property at 651 West Sunflower Avenue from Low -Density Residential (LR) to Urban Neighborhood (UN). Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-75, prepared with respect to this project. The MND and Mitigation Monitoring and Reporting Program are included as Exhibit A in Resolution No. 2019- and is posted to the City's website at: https://www.ci.santa- ana. ca. us/sites/defau IUfiles/pb/planning/Legacy%20S unflower/Legacy%20S unflower%2 OMND.pdf and is also on file with the Planning and Building Agency. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-75, prepared with respect to this project and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, an MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that with the mitigation measures outlined in the Mitigation Monitoring and Reporting Program described in Exhibit A, the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the MND and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and land use programs specified In the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has adopted a General Plan. B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons. 1. The existing General Plan land use designations for the project site at 651 West Sunflower Avenue is Low -Density Residential (LR), which 751-28 allows single-family homes at a density up to seven (7) units per acre. In order to facilitate the construction of a 226-unit multiple -family residential community with a floor area ratio of 1.81, the land use designation needs to be changed to Urban Neighborhood (UN), which allows for a mix of residential uses and housing types, such as low- to mid -rise multiple family, townhouses, single family dwellings; with some opportunities for live -work, neighborhood serving retail and service, public space and use, and other amenities with a floor area ratio (FAR) of 0.5 to 3.0. 2. The proposed community at 651 West Sunflower Avenue supports several goals and policies of the General Plan. The project is consistent with: I. Housing Element Goal 2, to create diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster. an inclusive community. The project will pay approximately $2,813,475 in in -lieu fees pursuant to Santa Ana Municipal Code Section 41- 1904 to provide additional funds for future affordable housing projects, which supports Housing Element Goal 3: Increased opportunities for low and moderate income individuals and families to find quality housing opportunities and afford a greater choice of rental or homeownership opportunities. Further, the project is consistent with several Housing Element policies; Policy HE-2.3 to encourage construction of rental housing for the city's residents and workforce; and Policy HE- 3.4 to support the provision of employment training, childcare services, rental assistance, youth services, and other community services that enable households to attain the greatest level of self-sufficiency and independence. II. Land Use (LU) Element Goal 1, to promote a balance of land uses to address basic community needs. The project is consistent with LU policies 1.2, to maintain and foster a variety of residential land uses in the City; LU policies 4.3 and 4.4, to support land uses which provide community and regional economic and service benefits and that promote the Cites image as a regional activity center; and LU policies 5.5 and 5.7, to encourage development that is compatible with and supportive of surrounding land uses and that does not exceed available infrastructure capacity. III. Land Use (LU) Element Goal 6, to reduce residential overcrowding. The project is In close proximity to major transit corridors on Sunflower Avenue and Main and Bristol streets, as well as the San Diego (1-405) and Costa Mesa (SR-55) freeways. The project site is located in an area with high development intensities near the Bristol Street commercial and office corridor in Santa Ana and near a large employment 751-29 center across Sunflower Avenue in the City of Costa Mesa. The multiple -family residential development will complement the mid -rise residential communities and high-rise office towers nearby and supports an already -thriving mixed use portion of the City of Santa Ana. iv. Urban Design (UD) Element, Goal 1, to improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. The project is consistent with LID policies 1.1 and 1.11, having been designed with high -quality design, materials, finishes, and construction, and integration with visual and physical links among districts, nodes, significant sites, landmarks, and other points of interest. The project will maintain and enhance an existing plaza to the southwest of the project site and will retain a public art installation already in place. The project has been designed with an enduring, contemporary architectural style that complements the existing developments in the vicinity while reducing aesthetic and physical impacts to surrounding land uses. The project site is located on a major arterial roadway and is adjacent to gateways into the City at Main Street/Sunflower Avenue and Bristol Street/Sunflower Avenue, adjacent to the cities of Costa Mesa and Irvine. The City Council has weighed and balanced the General Plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2019-01 is consistent with the purpose of the General Plan. The proposed General Plan Amendment will not adversely affect the public health, safety, and welfare in that the General Plan Amendment will not result in incompatible land uses on adjacent properties, Inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2019-01. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein, subject to the Mitigation Monitoring and Reporting Program (MMRP), and upon satisfaction of the conditions set forth in Section 4 below. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 4, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2019-01) to rezone the property from Single -Family Residential (R- 1) to Specific Development (SD) No. 94 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. 751-30 Section 5. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this 4t' day of June 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-XX to be the original resolution adopted by the City Council of the City of Santa Ana on , 2019. 751-31 Date: Acting Clerk of the Council City of Santa Ana EXHIBIT A Draft Land_Use Element Changes 751-32 ATTACHMENT B OF EXHIBIT 1 751-33 RESOLUTION NO.2019-xx LS 5.13.19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2018-75 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO GENERAL PLAN AMENDMENT NO. 2019-01 FOR THE PROJECT LOCATED AT 651 WEST SUNFLOWER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Legacy Partners (Applicant) is requesting approval of General Plan Amendment No. 2019-01 to amend the General Plan land use designation of the property located at 651 West Sunflower Avenue from Low -Density Residential (LR) to Urban Neighborhood (UN) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate the construction of a 226-unit multiple -family residential community on the 3.59- acre property. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result In potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared an Initial Study and Mitigated Negative Declaration (IS/MND), Environmental Review No. 2018-75 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Initial Study and Mitigated Negative Declaration concluded that the project would have a less than significant environmental Impact with implementation of mitigation measures. Mitigation measures are included to address potential impacts on construction -related noise and vibrations, and traffic. E. On March 18, 2019, Notice of Intent to adopt the Initial Study and Mitigated 751-34 Negative Declaration, Environmental Review No. 2018-75 was published in the OC Register newspaper, circulated to interested agencies, organizations and parties, and the Orange County Clerk Recorder. F. The documents related to the Initial Study and Mitigated Negative Declaration were made available for a 20-day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. Comments received were addressed in a Response to Comments document that provides sufficient information to demonstrate that the environmental conclusions and mitigation measures remain valid as disclosed in the Mitigated Negative Declaration. H. The mitigation measures set forth in Mitigated Negative Declaration are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. On April 22, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. The item was continued to the May 13, 2019 Planning Commission hearing, however, the item was opened for public comment. J. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. During its deliberations, the Planning Commission considered the environmental analysis and mitigation measures described in the draft Mitigated Negative Declaration Environmental Review No. 2018-75 and recommended that the City Council adopt a resolution approving General Plan Amendment No. 2019-01. K. On June 4, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Initial Study and Mitigated Negative Declaration, Environmental Review No. 2018-75, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-75, prepared with respect to this project. The MND and Mitigation Monitoring and Reporting Program are attached herein as Exhibit A. The City Council has, as a result of Its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that 751-35 the project will have a significant adverse effect on the environment and the MND reflects the independent judgment and analysis of the City Council. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, an MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the MND and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 3. The City Council hereby adopts the Mitigated Negative Declaration, Environmental Review No. 2018-75 and approves the Mitigation Monitoring and Reporting Program attached hereto and incorporated herein as Exhibit A, consistent with Public Resources Code section 21081.6; makes implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program a condition of approval of the Project. and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 4, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. 751-36 Section 5. The Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program, as well as all supporting documents are on file and available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92702. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 7. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this _ day of 2019. Miguel A. Pulido Mayor 751-37 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on .2019. Date: Acting Clerk of the Council City of Santa Ana 751-38 EXHIBIT A Mitigated Negative Declaration, Environmental Review No. 2018-75 and Mitigation Monitoring and Reporting Program htins://N"vw.santa-ana orJsites/default/file,s/r)b/plannine/Le-,icy°/ 2OSunflower/Final°/ 20M MRPydf 751-39 ATTACHMENT C OF EXHIBIT 1 751-40 5.13.19 LS ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-01 REZONING THE PROPERTY LOCATED AT 651 WEST SUNFLOWER AVENUE FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO SPECIFIC DEVELOPMENT NO. 94 (SD-94) (AA NO. 2019-01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 94 (SD-94) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Amendment Application No. 2019-01 has been filed with the City of Santa Ana to change the zoning designation of the parcel located at 651 West Sunflower Avenue from Single -Family Residence (R-1) to Specific Development No. 94 (SD-94) zoning designation described in Exhibit A. General Plan Amendment No. 2019-01 was filed concurrently with the Amendment Application for consistency with the General Plan. B. The zoning designation of the Specific Development No. 94 (SD-94) would facilitate the development of a 226-unit multiple -family residential community with private community space and supportive service offices and bring the rezoned property into consistency with the General Plan land use designation of Urban Neighborhood (UN). C. On April 22, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. The item was continued to the May 13, 2019 Planning Commission hearing, however, the item was opened for public comment. D. On May 13, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-01 which is consistent with the General Plan, as amended by General Plan Amendment No. 2019-01. D. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the General Plan. E. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on June 4, 2019. Ordinance No. NS-XXXX Page 1 of 3 751-41 F. The City Council also adopts as findings all facts presented In the Request for Council Action dated June 4, 2019 accompanying this matter. G. For these reasons, and each of them, Amendment Application No. 2019- 01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Planning Commission of the City of Santa Ana recommends that the City Council adopt an ordinance rezoning the real property located at 651 West Sunflower Avenue from Single -Family Residence (R-1) to Specific Development No. 94 (SD-94), (AA No. 2019-01). Amended Sectional District Map number 36-5-10 showing the above described change in use district designation, is hereby attached hereto as Exhibit B and incorporated by this reference as though fully set forth herein. This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 4, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-75 and Mitigation Monitoring and Reporting Program, prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2018- 75 meets all the requirements of CEQA. Section 4. This ordinance shall not be effective unless and until Resolution No. 2019- (Environmental Review No. 2018-75 and General Plan Amendment No. 2019-01) and Ordinance No. 2019- (Amendment Application No. 2019-01) are adopted and become effective. If either resolution and/or ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX Page 2 of 3 751-42 Section 6. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. ADOPTED this _ day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 3 of 3 751-43 EXHIBIT 2 751-44 3/2612019 GPA NO. 2019-01, AA NO. 2019-01 �- 651 WEST SUNFLOWER AVENUE LEGACY AT SUNFLOWERA e I ry fig¢ I F1 "j,� f La + I , LS Rol s£ t l I �F,,1 " r �? �r l . Santa Ana Boundary , - F❑ - Zoning ftfm �� a.�.,,....n. Ej Q [— i __ f a � -�( - VICINITY ZONING AND AERIAL VIEW 2019 Digital Map Products. All rights reserved. apps.spalialstream.coMproducUoNtlashboard/8/g/o/CurrentBuitd/htm'7St2.45 1!1 EXHIBIT 3 751-46 W i F u SITE PHOTOS 651 WEST SUNFLOWER AVENUE GPA NO.2019-01, AA NO. 2019-01 751-47 EXHIBIT 4 751-48 13NNVH3IH130 VNV V1NV8 -- 1332l15 213N;O13 0 OVERALL SITE PLAN 651 WEST SUNFLOWER AVENUE GPA NO. 2019-01, AA NO.2019-01 751-49 EXHIBIT 5 751-50 77 F . r777 I T, Tr FLOOR PLANS 651 WEST SUNFLOWER AVENUE GPA NO. 2019-01, AA NO. 2019-01 751-51 FLOOR PLANS 651 WEST SUNFLOWER AVENUE GPA NO. 2019-01, AA NO. 2019-01 751-51 EXHIBIT 6 751-52 4 _SOUTH 41 Ij BUILDING ELEVATIONS 651 WEST SUNFLOWER AVENUE GPA NO. 2019-01, AA NO. 2019-01 751-53 EXHIBIT 7 751-54 RENDERINGS 651 WEST SUNFLOWER AVENUE GPA NO. 2019-01, AA NO. 2019-01 751-55 r wwo G• 1 .r low - RENDERINGS 651 WEST SUNFLOWER AVENUE GPA NO.2019-01, AA NO.2019-01 751-56 EXHIBIT 8 751-57 LANDSCAPE PLAN 651 WEST SUNFLOWER AVENUE GPA NO.2019-01, AA NO. 2019-01 751-58 EXHIBIT 9 751-59 Table 7: Santa Ana Multi -Family Project Parking Supply and Ratio Parking Parking Ratio Tandem.Parking Project Name Units Total I Residential Guest Total Residential Number Percent The Marke 300 660 600 60 2.2 2.0 262 44% Prisma 301 182 364 328 36 2.0 1.8 234 71% Elan 1 603 1,209 1,209 - 2.0 2.0 1 70 6% The Madison 260 468 468 1.8 1.8 104 22% The Line 228 359 342 17 1.6 1.5 - Legacy Sunflower (Proposed) 226 452 395 57 2.0 1 1.75 Notes: Parking Ratio Total = Total Parking Spaces / Units Residential Ratio = Residential Parking Spaces / Units Percent Tandem Stalls = Number of Tandem Stalls / Units Table 8: Proiect Density and Height Compared to Approved Multiple -Family Proiects The Line Harbor Mixed Use Under 5 levels + 6 3630 Westminster Avenue 58 du/ac Transit Corridor Construction levels of Specific Plan parking The Marke Specific 5 Levels 100 East MacArthur Boulevard 74 du/ac Development No. Constructed 76 Prisma (The 301) Specific 5 Levels 301 East Jeanette Lane 91 du/ac Development No. Constructed 59 The Madison 94 du/ac Metro East Mixed Entitled 7 Levels 200 North Cabrillo Park Drive Use Overlay Zone 2018 Elan 94 du/ac Metro East Mixed Entitled 7 Levels 1660 East First Street Use Overlay Zone 2018 Legacy Square 54 du/ac Transit Zoning Under 5 Levels Code SD-84 Review Legacy at Sunflower 5 levels + (proposed) 63 du/ac SD-94 (proposed) Proposed 6.5levels of parking ProJert• Togp4rative Information EXHIBIT 10 751-61 January 23, 2019 Engineer. & Planners Tmr6e Transportation Parking Mr. Tim O'Brien Lins can, Law & Legacy Partners Greenspan, Engineers 5141 California Avenue, Suite 100 2 Executive circle Irvine, CA 92617 suite 250 Irvine, CA 92614 9491L25.6775 P 9i -Mlim E LLG Reference No. 2.18.3982.1 wwwJlgengineem.com Subject: Parking Demand Analysis for Pasadena Legacy Sunflower Apartments Inane Santa Ana, California San Diego Woodland Hills Dear Mr. O'Brien: As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Parking Demand Analysis for the proposed Legacy Sunflower Apartments Project (hereinafter referred to as Project). The project proponent, Legacy Partners, proposes to develop up to 226 apartment units within five stories, consisting of 35 studio units, 114 one -bedroom units, and 77 two -bedroom units. The Project site is located on the northeast comer of Flower Street and Sunflower Avenue in the City of Santa Ana, California and is currently occupied by Sound Chapel. Pursuant to our discussions and understanding of the City of Santa Ana requirements, the preparation of a parking study is required in order to validate that the proposed Project can adequately meet its parking demand needs. This report evaluates the Project's parking needs based application of City code, as well as a comparison to LLG's previous field studies of actual parking demand at existing sites with similar characteristics. This study focused on the following tasks: PUP 51 Lur=u, PE iva4 m a) Calculates the proposed Project parking requirements based on the application of Jack kt Greauspon, PE laal the City of Santa Ana Municipal Code parking ratios; identifies any Code -based Waham A Larv. PE lhal surplus or deficiency by comparing Code requirements against the proposed Paul W.John P. Raatmgaili g.P PE PE supply; GnvidS Shandnr, PE Jchn A 9earmnn, PE b) Compared actual field study parking requirements for multifamily residential uses ClarnlJ loo, Jacon'.PE at various locations to the requirements set forth by City Code. In addition, Pahad E. Gauetto. PE geil0 klakn,,. PE ,i,laiMC3 1,nv S_0J u'i 751-62 Mr. Tim O'Brien January 23, 2019 Page 2 compared peak parking ratios for apartment complexes referenced in the Parking Generation (4h Edition) published by the Institute of Transportation Engineers (ITE), and Shared Parking (2°4 Edition) published by the Urban Land Institute (ULI), as well as other reference materials for the cities of Ontario and Rancho Cucamonga, San Bernardino County, and Riverside County; c) Based on the parking requirement comparison assessment as stated above, calculated the average, 85a' Percentile and 95 h Percentile design -level peak parking demands and validated the adequacy of the proposed parking supply. Our method of analysis, findings, and recommendations are detailed in the following sections of this report. PROJECT LOCATION AND DESCRIPTION The Project site is a rectangular shaped parcel of land totaling 3.59-acres and is currently occupied by Sound Chapel located on the northeast corner of Flower Street and Sunflower Avenue in the City of Santa Ana, California. The project site is currently zoned as LR-7 (Low Density Residential) and is proposed to be amended to SD (Special Development). Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the subject property in the context of the surrounding street system. The Project will include the development of a 226-unit apartment complex within five stories, consisting of 35 studio units, 114 one -bedroom units, and 77 two -bedroom units. Parking is proposed via a multi -level parking structure consisting of 452 spaces. Table I provides a summary of the proposed Project components. Figure 1 presents the site plan for the proposed Project prepared by TCA Architects PARKING DEMAND ANALYSIS Parking Requirements per City Code Requirements To determine the number of parking spaces required to support the proposed Project, the parking requirement was calculated based on parking information published in the City of Santa Ana Municipal Code Article XV — Off -Street Parking. The following parking ratio was used to determine the required parking: a) The minimum off-street parking requirements for each dwelling unit in multiple -family dwellings are as follows: one (1) space in a garage or carport. 751-63 Mr. Tim O'Brien January 23, 2019 Page 3 b) Each multi -family dwelling site shall provide oft -street parking spaces, in addition to the minimum requirements of subsection (a) of this section, in an amount not less than the number of bedrooms on the site. Such spaces may be open or covered and may be assigned to particular units or not so assigned. Bachelor units shall be considered as one -bedroom units. c) In addition to the minimum requirements of subsections (a) and (b) of this section, each multiple -family dwelling site shall provide guest parking, identified as such, in an amount of spaces not less than twenty-five (25%) percent of the minimum required spaces under subsections (a) and (b) of this section, but in no case less than three (3) spaces. Table 2 presents the code parking requirement for the Project. Review of Table 2 identifies that the Project would require 379 spaces. With a proposed parking supply of 452 parking spaces, the Project is projected to have a parking surplus of 73 spaces when compared to the City's parking requirements. Given these results, the Project is anticipated to provide adequate parking based on direct application of City code. Although the Project is providing adequate number of parking spaces based on City Code requirement, the following section provides further justification that the City Code requirement is highly conservative when compared to the actual peak parking demand at similar existing sites. Comparison of Parking Ratios Notwithstanding the requirements of City Code, the actual parking requirements for multifamily residential uses have been found to be less than the City's own Code requirement as represented the City of Santa Ana Municipal Code. This aspect is illustrated by LLG's previous field studies of actual parking demand at existing sites similar to the project, in addition to parking demand/empirical ratio compilations from other sources. Table 3 presents a comparison of site development and parking ratios from various sources. The upper portion of Table 1 presents twelve (12) comparable sites in Fullerton, Orange, Santa Ana, Irvine, Costa Mesa, Monrovia, Laguna Niguel, and Pasadena. Additional detail for the comparable sites is also provided inclusive of the location, development summary, parking facility type, parking supply, presence of ground floor retail, survey period, empirically derived peak parking ratio and peak hour, and the Saturday daytime peak parking ratio and peak hour. Table 3 indicates that the total number of apartments units for each site ranges from 142 units to 481 units and includes a unit mix of studios, one -bedroom units, two -bedroom units, and/or three -bedroom units. Parking facilities at these locations include parking 751-64 Mr. Tim O'Brien January 23, 2019 Page 4 structures, parking garages, and surface lots, with a combined parking supply for residents and the public/guests ranging from 223 spaces to 1,020 spaces. In addition to on -site parking, on -street parking is also available at two (2) of the facilities. More specifically, items 6 and 7 are mixed -use developments and have a retail component within their site. Table 3 further indicates that parking demand surveys/observations were conducted on one to two "typical" weeknights (Tuesday, Wednesday, and Thursday) at nine of the comparable sites, and on a Saturday at three of the sites. These survey time periods were selected for analyses because parking needs are the greatest during these times; more specifically, peak demand for residential uses typically occurs during weeknights compared to weekday daytime and weekend conditions. This parking demand characteristic is evident from the hourly parking profiles in the Shared Parking (2°d Edition) publication by the Urban Land Institute (ULI) that indicate 90% to 100% parking occupancy between 6:00 PM and 12:00 AM/midnight, and the Parking Generation (4's Edition) publication by the Institute of Transportation Engineers (ITE) that reports 92% to 100% parking occupancy between 10:00 PM and 6:00 AM for low/mid-rise apartments (the only residential type with this data), and that parking demand is greater during these weekday overnight hours compared to a Saturday condition. Based on these considerations, it is concluded that the empirical basis for the peak parking ratios reported on Table 3 coincides with, and is representative of, the absolute peak parking condition for each of the surveyed sites. The tenant and guest peak parking ratio (spaces per DU) for each of the twelve comparable sites under absolute peak conditions (occurring on a weeknight, as explained above) and Saturday daytime conditions (where available) are presented on Table 3. The array of absolute peak parking rates yields an average ratio of 1.35 spaces per unit, an 85d' percentile ratio of 1.48 spaces per unit, and a 95d' percentile ratio of 1.61 spaces per unit. Saturday parking ratios are less, and range between 0.97 and 1.13 spaces per unit, occurring from noon to 3:00 PM. It should be noted that the city code requirement of 379 spaces when compared to the Project's total of 226 apartment units, translates to a peak parking ratio of 1.68 spaces per dwelling unit, which is greater than the aforementioned peak parking ratios stated above. Given that these sites are comparable in terms of apartment unit mix (i.e. one -bedroom, two -bedroom, three -bedroom, etc.) and nine (9) of the sites come within under 100 total units compared to the proposed Project, LLG concludes that the parking ratios derived from the twelve comparable sites are accurate representations for the unique parking characteristics of the proposed Project that are not reflected in the City Code ratio. 751-65 Mr. Tim O'Brien January 23, 2019 Page 5 ITE's Parking Generation publication, and ULI's Shared Parking publication, as well as other reference materials for the cities of Ontario and Rancho Cucamonga, San Bernardino County, and Riverside County, provide peak parking ratios for apartment complexes, as summarized in the lower portion of Table 3. These parking ratios range from 1.37 spaces per unit (average ratio per ITE for high-rise apartments similar to the Project) to 1.66 spaces per unit (field studies in Ontario and Rancho Cucamonga). In order to provide more context behind the location and parking -related characteristics for the most relevant sites in Table 3, we have compiled the following information with regards to land use setting, proximity to public transit, and availability of off -site parking (i.e., on -street spaces, nearby off -site parking spaces): Project/Leracv Sunflower Apartments: 651 Sunflower Avenue, Santa Ana There is no on -street parking or other public parking facilities located along the Project frontage. There are existing bus stops located nearby, specifically at the intersections of Flower Street/Sakioka Drive at Sunflower Avenue. There is no Park & Ride facility in the nearby vicinity of Legacy Sunflower Apartments. The adjoining land uses to Legacy Sunflower Apartments consist of mostly residential, with an existing elementary school directly north of the Project site. There is no on -street parking or other public parking facilities in the immediate vicinity of the site. There are existing bus stops located nearby, specifically at the intersections of Siglo/Main Street and Jamboree Road/Main Street. The nearest Park & Ride lot is located about 1.5 miles to the southeast of Main Street Village, near the intersection of Culver Drive at Sandburg Way. The adjoining land uses to Main Street Village consist of mostly office and residential uses. On -street parking is generally permitted in the vicinity of the site, most notably along Myrtle Avenue (north of Walnut Avenue), Olive Avenue, Walnut Avenue, and Ivy Avenue. The nearest existing bus stop is located at the intersection of Primrose Avenue/Walnut Avenue. An existing Park & Ride lot and Metro Light Rail station is located about 0.7 miles to the south of Paragon at Old Town, near the intersection of Myrtle Avenue/Duarte Road. The adjoining land uses to Paragon at Old Town consist of shopping/food uses to the north, residential uses to the east, and office/warehouse building to the south and west. On -street parking is generally permitted in the vicinity of the site, most notably along Madison Avenue, Colorado Boulevard, and Union Street. Further, several paid public parking lots are located nearby, including on the west side of Madison Avenue and a 751-66 Mr. Tim O'Brien January 23, 2019 Page 6 few south of Colorado Boulevard. Existing bus stops are located at the intersection of El Molino Avenue/Union Street, as well as various bus stops located Colorado Boulevard. An existing Park & Ride lot is located about 0.5 miles to the northwest of Trio Apartments, near the intersection of Marengo Avenue/Walnut Street. Further, existing Metro Light Rail stations are located at Lake Street/I-210 Freeway (about 0.5 miles from Trio Apartments) and near Raymond Avenue/Holly Street (about 0.5 miles from Trio Apartments). The adjoining land uses to Trio Apartments consist of mostly office and commercial uses. There is no on -street parking or other public parking facilities in the immediate vicinity of the site. Existing bus stops are located nearby, specifically at the intersections of Country Club Drive/Oso Parkway and Marguerite Parkway/Oso Parkway. There is no Park & Ride facility in the nearby vicinity of Adagio on the Green. The adjoining land uses to Adagio on the Green consist of mostly residential uses, with a golf course to the north and south of Oso Parkway and some commercial uses. There is no on -street parking or other public parking facilities in the immediate vicinity of the site. The nearest existing bus stop is located at the intersection of Cabot Road/Crown Valley Parkway. An existing Park & Ride lot and Metrolink train station is located immediately east of the SR-73 Freeway, along Forbes Road (about 0.2 miles from Skye at Laguna Niguel). The adjoining land uses to Skye at Laguna Niguel consist of mostly residential uses, with commercial uses to the east. There is no on -street parking or other public parking facilities in the immediate vicinity of the site. The nearest existing bus stop is located at the intersection of Cabot Road/Crown Valley Parkway. An existing Park & Ride lot and Metrolink train station is located about 0.3 miles to the southeast from Apex Laguna Niguel, along Forbes Road. The adjoining land uses to Apex Laguna Niguel consist of mostly residential uses, with commercial uses to the east. Based on the above descriptions of six existing sites, locational and parking -related characteristics are similar and comparable to the Project (i.e., not located in a TODfTransit-Oriented Development, with no off -site parking nearby, which can reduce on -site parking needs), with their empirical parking demand ratios considered to be indicative of the Project's potential parking needs. The Project will be providing a supply of 452 spaces, which, when divided by 226 dwelling units, corresponds to a parking supply ratio of 2.0 spaces per dwelling unit. This supply ratio of 2.0 spaces per dwelling units is 30% to 65% greater than the empirical ratios from the six comparable sites most similar to the Project. 751-67 Mr. Tim O'Brien January 23, 2019 Page 7 Project Parking Supply versus Demand The bottom portion of Table 3 estimates the project's parking needs based on the application of the average, 850h percentile, and 95" percentile parking rates from comparable sites. For the 226 units as now proposed, it is estimated that the average demand would be 305 spaces, the 85'h percentile demand would be 334 spaces, and the 95'h percentile demand would be 364 spaces. Comparing the 95 h percentile demand of 364 spaces against the proposed supply of 452 spaces yields a surplus of 88 spaces. Given these results, we conclude that the proposed parking supply of 452 spaces is adequate to accommodate the parking needs for the Legacy Sunflower Apartment Project. In addition, on -site management of the project will utilize best management practices to insure that all tenants understand that parking of vehicles is only permitted on site and is a condition of the rental agreement. SUMMARY OF FINDINGS AND CONCLUSIONS The Legacy Sunflower Apartment Project is proposing to construct a podium style apartment project consisting of up to 226 apartment units within five stories, consisting of 35 studio units, 114 one -bedroom units, and 77 two -bedroom units. Parking is proposed via a multi -level parking structure consisting of 452 spaces. 2. This parking demand analysis validates that the proposed parking supply of 452 spaces is adequate to accommodate the parking needs of the Project. 3. Direct application of City of Santa Ana Municipal Code parking requirements to the proposed Project (226 DU) results in a total parking requirement of 379 parking spaces. With a proposed parking supply of 452 spaces, a code surplus of 73 spaces is calculated. Given these results, the Project is anticipated to provide adequate parking based on direct application of City code. 4. Based on a comparison of parking ratios between twelve (12) sites within the cities of Fullerton, Orange, Santa Ana, Irvine, Costa Mesa, Monrovia, Laguna Niguel and Pasadena, a 95'h Percentile "design -level" parking ratio of 1.61 was applied to the proposed 226 units which results in a parking demand of 364 spaces. With a proposed parking supply of 452 spaces, a surplus of 88 spaces is calculated. 751-68 Mr. Tim O'Brien January 23, 2019 Page 8 5. Based on the above findings, we conclude that based on the application of the 95a' Percentile "design -level" parking ratio of 1.61 derived from twelve (12) comparable sites, adequate parking would be provided on site to accommodate the proposed Project. 6. Given these parking demand analysis results, we conclude that the Project's proposed parking supply of 452 spaces is more than adequate when compared to the requirements of City Code (code smphis of 73 spaces) and application of comparable parking ratios from twelve (12) sites within the cities of Fullerton, Orange, Santa Ana, Irvine, Costa Mesa, Monrovia, Laguna Niguel and Pasadena (minimant smphis of 88 spaces). We appreciate the opportunity to prepare this parking analysis for Legacy Sunflower Apartments. Should you have any questions or need additional assistance, please do not hesitate to call us at (949) 825-6175. Very truly yours, Linscott, Law & Greenspan, Engineers f;IZef Keil D. Mabeny, P.E. Principal cc: Shane S. Green, P.E., Transportation Engineer III Attachments 751-69 pa - ZB6fB1Z\OO6C ou 610Z-S1-10 WTV91 d01 -P'la Z66C\ sp\ uWad\wp plum 'quauryndo raagaune pbalto a VA,, �` w n/3C ti tixY or ti �u.wa.,r% �� �.ti Y•_:' Sao- Itz 16 KU" Street � Z s r yYtie '•_ � � tit SSlnno.ei] t] - 'x:S :• •��:' r L..-�" N .gda`1-�_.. . 13 3i •;;�! _. -_..-. semis <-'c Is u n St�avmdp I i>i„sl i ' o � G ,� c c a: m c �[i#[ififf�c N o o c S F'mv_; jl S Flower SI `� 5 Flo�';iTaTl wawa,. i ^ c taa _2 o II a Fa¢wa:v c c W � a C a m E c m 6 4 � i E u F. va ra cf- n m e E 7 c N K S 9ris1o151 e S Bristol El Bn^,I01 St qe it y N U 0 is V _ N T ci'z�n lr YI C;� y, 0 c• n $ 1y In 751-70 TABLE PROJECT DEVELOPMENT SUMMARYI LEGACY SUNFLOWER APARTMENTS, SANTA ANA Project Land Use / Project Description Development Totals Lenacv Sunflower Aoarhaents o Studio Units 35 Units 0 1 Bedroom Units 114 Units 0 2 Bedroom Units 77 Units Total Residential Units: 226 Units Parking SIPticktre o Basement 1 10 spaces o Level 1 65 spaces o Level 2 71 spaces o Level 3 76 spaces o Level 4 76 spaces o Level 5 76 spaces o Roof 78soaces Total Parking Supply: 452 spaces t Sounce: Legacy Sunflower Site Plan eB Y Prepared by 7'CA Architects, 17lLI/IS. i 751-72 TABLE 2 CITY CODE PARKING REQUIREMENT2 LEGACY SUNFLOWER APARTMENTS, SANTA ANA Spaces Land Use / Project Description Units City of Santa Ana Code Parking Requirement Required Leeacp Storllower Anartrnett o Studio Units 35 Units 1 space per bedroom 35 0 1 Bedroom Units 114 Units 1 space per bedroom 114 0 2 Bedroom Units 77 Units 1 space per bedroom 154 Total 226 Units 303 Guest parking 25% of total parking required (303 x 0.25) 76 Total Parking Code requirement 379 Proposed Parking Supply 452 Parking Surplus/Dericiency (+/-) +73 Source: City of Santa Ana Municipal Code, Section 41-1322 — Multiple -family dwellings. ,r,.�..,� i,. .. . 751-73 TABLE 3 COMPARABLE SITE DEVELOPIAENT KID PARIUNG RATIO SUELNARY LEGACY SUNFLOYrR APARTMENTB, SANTA ANA Temm 6: Gmrl Temnt&GwD Park Pvkke S.WN' Raga- Datilm hek 1"Aits, Swcrs Per DU Parkkg Bmk Co rtbk Site OW Ad4mss De.el ntSmmnn• Fodlin IYrllm S a Rebil Sen'e Perkd (Rak Hoar) (Pkak liner) 1 Cosh ISO". 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NlA) Stz is Int 183 U1e Cssih IBJ Um APvmmD ca 1.1 6IN F1DmOn 129 1 lsfrom Wes R.Id.W 223Ratlrlsbl Spam Y. — -- • m 3 Bedmm User Strome IPeak Hum N!AI 250U1eca L' Sam 25013utA4mmvta Gaed O.W ] @] Am .. • 10H I OMvam (Ass Raidae6l 453 Rm Iftpam Ya — -- • I4S'-3 Belmmn Ulms $mane (Peak Hov N!AI pam4ynalOH ]oo S. 163 the APanrem Skfi. L9t 404 Slott¢ %V,dns,&Tmr d, [AS 8 Tmm[a] hlarorh hl5rlk •82l lirdmom We¢ Or Snrrl•Railem-329 sp. liml.l m Ateme •IS131 Bedroom lhiu Puki, •PWkOmb-73 rp. 1@I"a PM) TiD Apv0lrna 4J N. IN the Aparbrttb •465udn Urea $nbtt lol J805pun WedmdaYSllusdry 122 9 (a] Puadao hladk9n ,I411Btwm IMs OmSnmt •Rmikm•4m P. — IOPh1-12AA1 1¢^Cdp MII -• Asp • 117 Z Bedroom Utdr ParhhU •Pt kc.-30 sp. 10 Ada}j9on Oe M"ssun 2mo Oso� Gam. 512Spaees Wed da'@Tks,td' MI 0.9] G (d] Ycjo Pakx, -56Ihd Alumaro S kl�� • Raa.•ras- 424 CR S ansdpm.IBIJPBI 2M IE11_W MI) (r2 2D0 PM A •Pihkc.-88 sR iPM-3AM 3m PM) Sk'stit" - lagbv 281M 142 We APualmD IN Swra WclXU &Mrsda, ]Phl-2Ahl IA9 1.07 II Nyel Cabo •971 0Nroomlhes Gsn •paamU-'_JOsp Sa1Way:12PN1-3PA4 (�.IIf10 PM) (@12D0 PM) Rwd •452IkWmm Uv¢ •P W5.b-54 sp. ]Phl-2AM 2N60 IN IliAlamebs $39 SRI" Wcdlvd &Tlirsdry 12 APa lapin Lap- Csl os •3_Sm1k L•rib G., • Pc3L-m• 461 ]PM-2ASA 128 1.13 Noel[d] Navel Road • 161 I BNmojl ¢ P •PWkOaaD-lB ap. — S ,wda5. M.W31`hk (•5' 2W ASO (rL 3M PNO ,9124Woomlhes iPM-LUI AsanHe: US 85th Perrrn0e: -TIAB..'�e'. 95th PertmUe: 7p.:'A `:. AJAOonrl f>rt), limit, Rs4rtrca: 51E Partkg Gmemtka, 41h Edekn HWlUkA Aesnpc U7 mhhrtem0e: Im UU SAamlPartkg: Raidu (Rasa141kk 1.0 Ftld Snaics in Ois kud Rode cka s(e) 138.1.66 Alminn Cmmsv6b 51ney IA61 n 0 oink Ial Im IIo b Smenk San Bcmvdem xM Rh bU Ici 1.45 Puking Cakablkn U¢hM Engldsal Rotes Aborr (i6 DVs kr iabneY SWkwm Alamein A..p Dsmml(135 a 226 Durk JO!-_• JIM N..Ilk Drr-nd(1.48s 226 DUrk VO PertenOk DenvnJ(1.61r 216 DU* IJS [a]Saucy ParPkg DemandAta(15tfm the PmptsedFurh A'mn mlinglan Mre.1I4N.Use Pm/m Ca, fAko is. CWfamk Pr Mbe LLG. �1. Z012 (bl Smrce:Prvkkg Sude/orAlILlOmngedlvnwru Peyar.prtpuN by lBl Gmlp. Nov. 2012 (d] (Same:Portkg rm Blade Ea0'. Ribad W. Winn'201] Somrcfamwhnd by LLOon Dwwhcr 2016. 751-74 EXHIBIT 11 751-75 The Legacy Sunflower Mitigated Negative Declaration and technical appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 M https://www.santa-ana.org/pb/planning-division/maior-planning-proiects-and- documents/legacy-sunflower 751-76 EXHIBIT 2 LS 6.4.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2018-75 AND APPROVING AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO GENERAL PLAN AMENDMENT NO. 2019-01 FOR THE PROJECT LOCATED AT 651 WEST SUNFLOWER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Legacy Partners (Applicant) is requesting approval of General Plan Amendment No. 2019-01 to amend the General Plan land use designation of the property located at 651 West Sunflower Avenue from Low -Density Residential (LR) to Urban Neighborhood (UN) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate the construction of a 226-unit multiple -family residential community on the 3.59- acre property. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the Guidelines for the Implementation of the California Environmental Quality Act require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared an Initial Study and Mitigated Negative Declaration (IS/MND), Environmental Review No. 2018-75 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Initial Study and Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address potential impacts on construction -related noise, vibrations, and traffic. 751-77 E. On March 18, 2019, Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2018-75 was published in the Orange County Register newspaper, circulated to interested agencies, organizations and parties, and the Clerk for the County of Orange County. F. The documents related to the Initial Study and Mitigated Negative Declaration were made available for a 20-day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. Comments received were addressed in a Response to Comments document that provides sufficient information to demonstrate that the environmental conclusions and mitigation measures remain valid as disclosed in the Mitigated Negative Declaration. H. The mitigation measures set forth in Mitigated Negative Declaration are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. On April 22, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. The public hearing was opened, public testimony was taken, and the public hearing was continued to May 13, 2019. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. During its deliberations, the Planning Commission considered the environmental analysis and mitigation measures described in the draft Mitigated Negative Declaration Environmental Review No. 2018-75 and recommended that the City Council adopt a resolution adopting Mitigated Negative Declaration, Environmental Review No. 2018-75 and the Mitigation Monitoring and Reporting Program. K. On June 4, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Initial Study and Mitigated Negative Declaration, Environmental Review No. 2018-75, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-75, prepared with respect to this project. The MND and Mitigation Monitoring and Reporting Program (MMRP) are attached hereto as Exhibit A. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis 751-78 of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment and the MND reflects the independent judgment and analysis of the City Council. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to CEQA and the State CEQA Guidelines, an MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and adopts the MND and MMRP and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife Section 3. The City Council hereby adopts the Mitigated Negative Declaration, Environmental Review No. 2018-75 and approves and adopts the Mitigation Monitoring and Reporting Program attached hereto and incorporated herein as Exhibit A, consistent with Public Resources Code section 21081.6; makes implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program a condition of approval of the Project, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 4, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. 751-79 Section 5. The Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program, as well as all supporting documents are on file and available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92702. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 7. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this _ day of 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: c Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 751-80 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana 751-81 MITIGATED NEGATIVE DECLARATION SUNFLOWER LEGACY APARTMENTS Lead Agency: City of Santa Ana Planning and Building Agency 20 Civic Center Plaza Santa Ana, CA 92701 (714)667-2740 Project Proponent: Legacy Partners 5141 California Avenue, Suite 100 Irvine, CA 92617 949-930-7700 Environmental Consultant: Phil Martin & Associates 4860 Irvine Boulevard, Suite 203 Irvine, California 92620 (949) 454-1800 March 14, 2019 751-82 SECTION A B. C. D. E. F. G. H. I. J. K. L. M. N. O. TABLE of CONTENTS Project Title .......................................... Lead Agency Name and Address......... Contact Person and Phone Number..... Project Location ................................... Project Sponsor's Name and Address.. General Plan Designation .................... Environmental Checklist For CEQA Compliance PAGE ................................................................. . .................................................................1 ................................................................. 1 .................................................................1 Zoning.......................................................................................................................1 Description of Project................................................................................................1 Surrounding Land Uses.............................................................................................6 Other Public Agencies Whose Approval is Required ................................................. 6 Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc .................................................. 6 Environmental Factors Potentially Affected.............................................................12 Determination..........................................................................................................12 Issues.....................................................................................................................14 Explanations of Issues............................................................................................ 22 I. Aesthetics.......................................................................................................22 II. Agricultural and Forestry Resources............................................................... 31 III. Air Quality....................................................................................................... 32 IV. Biological Resources......................................................................................46 V. Cultural Resources.........................................................................................47 VI. Energy............................................................................................................47 VII. Geology and Soils.......................................................................................... 50 Vill. Greenhouse Gas Emissions...........................................................................53 IX. Hazards and Hazardous Materials.................................................................. 56 X. Hydrology and Water Quality.......................................................................... 59 XI. Land Use........................................................................................................63 XII. Mineral Resources..........................................................................................65 XIII. Noise..............................................................................................................66 XIV. Population and Housing.................................................................................. 87 XV. Public Services...............................................................................................91 XVI. Recreation......................................................................................................93 XVII. Transportation................................................................................................ 93 XVIII.Tribal Cultural Resources.............................................................................102 XIX. Utilities and Service Systems........................................................................103 XX. Wildfire.........................................................................................................105 XXI. Mandatory Findings of Significance...............................................................106 Legacy Sunflower Apartments Page i Mitigated Negative Declaration —March 14, 2019 751-83 Environmental Checklist For CEQA Compliance Appendices Appendix A — Air Quality/Greenhouse Gas Reports Appendix B — Geotechnical Report Appendix C — Phase I, Environmental Site Assessment Appendix D — Preliminary Hydrology Study and Preliminary Water Quality Management Plan Appendix E — Noise Report Appendix F — Traffic Report Legacy Sunflower Apartments Page ii Mitigated Negative Declaration — March 14, 2019 751-84 LIST of FIGURES Figure 1. Regional Map............................................................ 2. Local Vicinity Map ..................................................... 3. Aerial Photo.............................................................. 4. USGS Topo Map ....................................................... 5. Site Plan................................................................. 6. On -Site Photographs ................................................. 7. Surrounding Land Use Photos .................................. 8. Surrounding Land Use Photos .................................. 9. Photo Orientation Map .............................................. 10 Landscape Plan ........................................................ 11. North/South Building Elevations ............................... I t' Environmental Checklist For CEQA Compliance Page 2 3 ................................................ ..... 4 ................................................ 5 ................................................ 7 ................................................ 8 ................................................ 9 ..............................................10 ..............................................11 .............................................. 24 .............................................. 25 26 12. 13. West/East Building E eva ions............................................................................ Project Entrance from Sunflower Avenue................................................................ 27 14. Open Space............................................................................................................30 15. Weighted Sound Levels and Human Response ..................................................... 70 16. Noise Measurement Location Map...............................................................6.......... 72 17. Buildout Traffic Noise Levels........................................................ ..............6............ 82 18. Typical Levels of Groundborne Vibration................................................6................ 85 19. Project Traffic Distribution...........................................................6...............4........... 95 20. Cumulative Project Location Map... ... .......... 4 ......... 66 ....... 666 ......... 6 ...... 107 LIST of TABLES Table Page 1. State and Federal Criteria Pollutant Standards........................................................ 35 2. South Coast Air Basin Attainment Status................................................................ 37 3. Air Quality Monitoring Summary .............................................................................. 38 4. SCAQMD Air Quality Significance Thresholds......................................................... 39 5. Construction -Related Regional Pollutant Emissions ................................................ 41 6. Maximum Number of Acres Disturbed per Day ........................................................ 42 7. Local Construction Emissions at the Nearest Receptors ......................................... 43 8. Regional Operational Pollution Emissions...............................................................44 9. Project -Related Greenhouse Gas Emissions.......................................................... 55 10. Peak Flow Comparison Summary........................................................................... 62 11. Typical Construction Equipment Noise Levels......................................................... 66 12. Demolition Noise Levels..........................................................................................68 13. Project Grading Noise Levels..................................................................................68 14. Short -Term Noise Measurement Summary (dBA) ...................................................71 15. FICON Noise Level Criteria.....................................................................................74 16. City of Santa Ana Interior and Exterior Noise Standards ......................................... 75 17. Typical Construction Equipment Noise Levels......................................................... 77 Legacy Sunflower Apartments Page iii Mitigated Negative Declaration - March 14, 2019 751-85 Environmental Checklist For CEQA Compliance 18. Demolition Noise Levels.......................................................................................... 7E 19. Grading Noise Levels..............................................................................................7E 20. Project Average Daily Traffic Volumes and Roadway Parameters ........................... 75 21. Change in Existing Noise Levels Along Roadway As A Result of Project (dBA CNEQ............................................................................................................ 80 22. Buildout Traffic Noise Levels and Recommended Window STC Rating ................... 80 23. Construction Equipment Vibration Source Levels .................................................... 86 24. Typical Human Reaction and Effects on Buildings Due to Groundborne Vibration .. 86 25. Santa Ana Progress Towards Regional Housing Needs Allocation 2014-2021........ 89 26. Project Traffic Generation Rates and Forecast........................................................ 93 27. Existing Plus Project Peak Hour Intersection Capacity Analysis .............................. 96 28. Year 2022 Peak Hour Intersection Capacity Analysis .............................................. 98 29. Year 2040 Peak Hour Intersection Capacity Analysis ............................................ 100 30. Cumulative Projects..............................................................................................106 Legacy Sunflower Apartments Page iv Mitigated Negative Declaration —March 14, 2019 751-86 PLANNING DEPARTMENT A. Project Title: Legacy Sunflower Apartments B. Lead Agency Name and Address: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 C. Contact Person and Phone Number: Ivan Orozco (714) 667-2763 D. Project Location: The project is located in the City of Santa Ana as shown in Figure 1, Regional Map. More specifically, the project is located at the northeast corner of Flower Street and Sunflower Avenue as shown in Figure 2, Vicinity Map. An aerial photograph of the site and the surrounding area is shown in Figure 3, Aerial Photo. The on -site topography is shown in Figure 4, USGS Topography Map. E. Project Sponsor's Name and Address: Legacy Partners 5141 California Avenue, Suite 100 Irvine, CA 92617 949-930-7700 F. General Plan Designation: The project site is designated Low Density Residential (LR-7) land use by the Santa Ana General Plan. The project would require a general plan amendment to Urban Neighborhood (UN). G. Zoning: The project site is zoned Single -Family Residence (R1). The project would require a zone change to Specific Development (SD). H. Description of Project: The project applicant proposes the development of 226 multi -family apartments on a 3.59-acre site located at 651 Sunflower Avenue. The property is developed with the Sound Church and would be demolished. The church proposes to relocate to the downtown area of Santa Ana with development of the project. The project proposes 226 apartments in a five -story building. A six level parking structure, which includes one level of subterranean parking and five levels above ground, is proposed for the middle of the site along the northern project boundary with a five - story apartment building wrapped around the five level parking structure on three sides. The apartment building and the parking structure would front Sunflower Avenue. The main driveway for access to the project Is from Sunflower Avenue at the middle of the site. The project Includes a central outdoor courtyard with a swimming pool and spa, outdoor furniture, bar-b-ques, outdoor yoga and fitness court and restrooms at the apartment building on the west side of the site. A central fitness center, clubroom and business center/conference room, mailroom, parcel room, bike storage area and apartment leasing area are proposed for the westerly apartment building. Two active open space areas are proposed in the eastern area of the site and Include a dog park and garden and outdoor dining area for project residents. The project Includes studio, one -and two -bedroom apartments ranging in average size of 612 square feet for the studio apartments, 670 square feet for the one - bedroom apartments and 1,105 square feet for the two -bedroom apartments. The project Includes 35 studio apartments, 114 one -bedroom apartments and 77 two -bedroom apartments. Some of the ground floor apartments would have terraces. All of the remaining units would have balconies. The apartment building would be 75 feet in height to the top of roof and the parking structure would be 70 feet in height. The project proposes 452 parking spaces, Including 10 subterranean parking spaces, Legacy Sunflower Apartments Page 1 Mitigated Negative Declaration - March 14, 2019 751-87 ® Phil Martin &Assoc►ates,Inc. LEGACY SUNFLOWER I CITY OF SANTA ANA IV West Covina Los Angeles �) Pomone east Los C ® mtyor O O Angeles W mausty ood Downey ® C Brea hino State Compton O (] p Yorba Linda Fullerton Lakewood 3nce Anaheim m O C W ,Lonq Beach Garden Grove © G t TeQnlra P.wi Santa Ana ii�t nniill .. L�„`77ocationy * „ v ® ® Irvine "' tington, t Le ti; O r t I O ' ,w <v O � Source: Fiful Martin &Associates, Inc. N 751-88 Figure 1 Regional Map Page 2 ® Phil Martin& Associates, Inc. LEGACY SUNFLOWER I CITY OF SANTA ANA -_ Lillie - King Palk - - r. ,h k Fi•`4 f- S 17 C .. s I 3 WCd,,bme Ave WC.Un'bme Are t y 9 rb}a n w eem A,. E ark Avo Californian Apartments South Coast Villas '; Santannel Delhi no W Bet Ave •- DoubleTree by Q 'x w Mime Ave Hotel Sant Courly W MacArthur Btvd W MacArthur Como Blvd W MacArthur Blvd W MacArthur Blvd Marriott Santa Koral Park 3 T Juniper Ave 5 £ ur VillageQ 4 Ssndeglnte Notior Institute - Sa 5 ¢ MJrptq Ave T S ve N y to la Taft Elementary chool Ave 3 Ultimate quet Q t eI 3 w Park Plaza Apartments 9 v; _ 1C sl Terrace Q :o a' £ ominiums Project Nate's Korner Location Ave - Sunflower Ave Sunflower Ave > 0 Q 3400 Avenue of Enclave a m , rstrom Center © the Arts Apartments for the Arts4 '.. as - The Enclave at South Coast Apartment Homes c 3 •^.ouse �} ©?r3I(ndays Starbw*s © ExperianQ . .r< 55 24 Hour Fitness r Noquchi Super Sport Garden The MET OC KickboxingQ Mixed Martial Artss Source: Google Maps, 2017 N San Diego Fwy 751-89 Figure 2 Local Vicinity Map Page 3 be 751-90 =Phil Martin &ASSOCiatei,Inc. LEGACY SUNFLOWER I CITY OF SANTA ANA pool blq yninri.�f ° . �. •A.mwEP a, Q.... f■ sold" o-1 Wa � z t!I�'• , • . +•4�3� jr III -� 19 Wa• - T� wel S TiF wAq ta • 1~ OWE • AYE / Y E, y ;t Project •r _..-... Location G�A MESA I i 1 Z2n _ E_s . i I •� • Yc ♦ 4. I99 i PEll 5,1 ..1— • �� ♦.�. �•W hl 'D.—i. .r iE 1.`A°GP . L+ �. K1Aliioal / �• , •vY _ l `§`E ♦/� r YNE40' ,{`` ♦♦ -R?r •ua•a�_oS x }� ls.0 a . �/ {P ��yyyyy�. ♦4i count na c4 t``,r ti••d • f 43 Oil P, 1981 N Figure 4 ® USGS Topo Map 751-91 Page 5 and handicap spaces. Four bicycle parking spaces are proposed. The project proposes 57,957 square feet of open space including 22,781 square feet of passive open space, 24,096 square feet of active open space and 11,080 square feet of private open space. A total of 227 storage units are proposed for all five levels in the parking structure, Including 20 storage units In the subterranean parking level, for use by the residents. Landscaping Is proposed within the required setbacks along all sides of the site. The existing student drop-off area for Taft Elementary school is adjacent to and north of the site and would remain with the project. Access to the road for the student drop-off area at the school is from Sunflower Avenue at the east side of the site. The exit for the student drop-off area is at the west side of the project. This existing "looped" student drop-off route would be preserved and incorporated Into the project and allow parents to continue to drop-off students at Taft Elementary school via Sunflower Avenue as the existing condition. Trash bins would be located at the north side of the site and within the parking structure. Waste bins would be located on each floor of the parking structure for tenants of each floor to deposit their solid waste. A trash loading area is proposed for the northeast area of the site. Trash trucks would enter the site at the east end of the site from the same driveway that Taft Elementary parents use to drop off students at Taft Elementary School. Trash trucks can also exit the site at the same east driveway at Sunflower Avenue. An emergency vehicle access route is proposed along the north project boundary for emergency vehicle access from both the west and east sides of the site at Sunflower Avenue. The project is scheduled to be constructed in two phases. Project construction would start in the first quarter of 2020 and the first phase completed in October 2021. The second phase is scheduled to be completed in December 2021 or early 2022. The project proposes Modem architecture. The proposed site plan is shown in Figure 5. Surrounding Land Uses and Setting: The existing on -site land use includes the Sound Church, parking lot and open space. The land uses surrounding the project that are In the City of Santa Ana Include Taft Elementary school to the north, multi -family homes to the east and multi -family units to the west, west of Flower Street. The Enclave Apartment development to the south, south of Sunflower Avenue, the Avenue of the Arts apartment development to the southwest, southwest of the intersection of Sunflower Avenue and Sakioka Drive are in the City of Costa Mesa. Sunflower Avenue that is adjacent to and south of the site is the boundary between the cities of Santa Ana and Costa Mesa. An open Orange County flood control channel extends along the east side of Flower Street and forms the west project boundary. Figure 6 shows photographs of the on -site land uses and Figures 7 and 8 show the surrounding land uses. Figure 9 Is a photo orientation map showing the location of the on -site and surrounding land use photos. J. Other Public Agencies Whose Approval is Required: The discretionary action required from the City of Santa Ana includes a General Plan Amendment from Low Density Residential (LR-7) to Urban Neighborhood (UN), a Zone Change to Specific Development (SD) zoning on the site and site plan approval. The project would also require a Notice of Intent to comply with the General Construction Activity NPDES Permit from the State Water Resources Control Board. The project would not require any other approvals from public agencies. K. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Tribal letters were mailed December 31, 2018 to six tribes that formally invited consultation with the City in compliance with 21080.3.1. The Gabriellno Ban of Mission Indians — Kizh Nation contacted the City and requested consultation. The tribes that were contacted include: 1. Gabrielino Ban of Mission Indians — Kizh Nation 2. Gabrielenolfongva Nation Legacy Sunflower Apartments Page 6 Mitigated Negative Declaration — March 14, 2019 751-92 _y \ � ^ T/ ; \ |. � z C � .IF Q z Q H z Q LL O r_ V W J LL Z !N } V 'Q^ V W J F a r•J 751-94 m LU 0 J li z N } U Q U LLI J CQ..J W. W 0 v m a 751-95 Q z Q H z Q LL O H V w 3 O J LL z N } U Q (.I w J f r OW m a 751-96 751-97 3. Gabrieleno/Tongva Indians of California Tribal Council 4. Juaneno Band of Mission Indians — Acjachemen Nation 5. Gabrielino — Tongva Tribe 6. Gabrieleno/Tongva San Gabriel Band of Mission Indians Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict In the environmental review process. (See Public Resources Code section 21080.3.2) Information may also be available from the California Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3 (c) contains provisions specific to confidentiallty. L. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, Involving at least one impact that is "Potentially Significant Impact" as indicated by the checklist on the following pages. El Aesthetics — i ❑ Agriculture and Forestry Resources ❑ Air Quality ❑ Biological Resources — i ❑ Cultural Resources ❑ Energy ❑ Geology/Soils ; ❑ Greenhouse Gas Emissions 0 Hazards and Hazardous ------------- ....1------------------- --------- Materials 11 Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources 0 Noise ❑ Population/Housing ❑ Public Services ❑ Recreations i 0 Transportation 0 Tribal Cultural Resources ❑ Utilities/Service Systems i ❑ Wildfire ❑ Mandatory Findings of -------- .------------- -------- ------ Signi—ftficance-- J M. DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial evaluation: ❑ 1 find that the proposed project COULD NOT have a significant impact on the environment, and a NEGATIVE DECLARATION will be prepared. ® 1 find that although the proposed project could have a significant Impact on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation Legacy Sunflower Apartments Page 12 Mitigated Negative Declaration — March 14, 2019 751-98 measures based on an earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature: Evaluation of Environmental Impacts: Date A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the Impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, Including off -site as well as on -site, cumulative as well as project -level, Indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less -than -significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEOA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope .of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Legacy Sunflower Apartments Page 13 Mitigated Negative Declaration —March 14, 2019 751-99 c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or Individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. N. ISSUES: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Impact Mitigation Impact Incorporated I. AESTHETICS: Except as provided in Public Resources Code Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? ❑ ❑ ❑ED c) In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? ❑ ❑ ® ❑ d) Create a new source of substantial light or glare that will adversely affect day or nighttime views in the area? ❑ ❑ ® ❑ Legacy Sunflower Apartments Page 14 Mitigated Negative Declaration — March 14, 2019 751-100 II. AGRICULTURE and FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing Impacts on agricultural farmland. In determining whether impacts to forest resources, Including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ❑ ❑ ❑ ED b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ❑ ❑ ❑ c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? ❑ ❑ ❑ d) Result in the loss of forest land or conversion of forest land to non -forest use? ❑ ❑ ❑ e) Involve other changes in the existing environment, which due to their location or nature, could individually or cumulatively result in the loss of Farmland, to non-agricultural use or conversion of forest land to non -forest use? ❑ ❑ ❑ III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ ® ❑ b) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under an applicable federal or state ambient air quality standard? ❑ ❑ ® ❑ c) Expose sensitive receptors to substantial pollutant concentrations? ❑ ❑ ® ❑ d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? ❑ ❑ ® ❑ IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special ❑ ❑ ❑El Legacy Sunflower Apartments Page 15 Mitigated Negative Declaration — March 14, 2019 751-101 status species in local or regional plans, policies or regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? ❑ ❑ ❑ c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? ❑ ❑ ❑ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ❑ ❑ ❑ e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? ❑ ❑ ❑ El f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ❑ ❑ ❑ V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? ❑ ❑ ❑ b) Cause a substantial adverse change in the significance of a unique archaeological resource as defined in §15064.5? ❑ ❑ ® ❑ c) Disturb any human remains, including those interred outside of formal cemeteries? ❑ ❑ ❑ VI. ENERGY: Would the project: a) Result in potentially significant environmental Impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? ❑ ❑ ® ❑ b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? ❑ ❑ ❑ VII. GEOLOGY AND SOILS: Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: Legacy Sunflower Apartments Page 16 Mitigated Negative Declaration —March 14, 2019 751-102 I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) ❑ ❑ ® ❑ IL Strong seismic ground shaking? ❑ ❑ ® ❑ iii. Seismic -related ground failure, including liquefaction? iv. Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or loss of topsoil? ❑ ❑ ® ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? ❑ ❑ ® ❑ d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? ❑ ❑ ® ❑ e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? ❑ ❑ ❑ f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ❑ ❑ ® ❑ Vill. GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant Impact on the environment? ❑ ❑ ® ❑ b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ❑ ❑ ® ❑ IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ❑ ❑ ® ❑ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ❑ ❑ ❑ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? ❑ ❑ ❑ Legacy Sunflower Apartments Page 17 Mitigated Negative Declaration — March 14, 2019 751-103 d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ❑ ❑ ❑ e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, will the project result in a safety hazard or excessive noise for people working or residing in the project area? ❑ ❑ ® ❑ f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ❑ ❑ ❑ ED g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death Involving wildland fires? ❑ ❑ ❑ X. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? ❑ ❑ ® ❑ b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? ❑ ❑ ® ❑ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces in a manner, which would: ❑ ❑ ❑ ❑ (i) result in substantial erosion or siltation on- or off -site; ❑ ❑ ® Cl (ii) substantially Increase the rate or amount of surface runoff in a manner which would result in flooding on -or off -site; ❑ ❑ ® ❑ (III) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or El El Z 11 (iv) impede or redirect flood flows? ❑ El d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ❑ ❑ ❑ e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? ❑ ❑ ® ❑ Legacy Sunflower Apartments Page 18 Mitigated Negative Declaration —March 14, 2019 751-104 XI. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? ❑ ❑ ❑ b) Cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigation an environmental effect? ❑ ❑ ® ❑ XII. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ❑ ❑ b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ❑ ❑ ❑ XIII. NOISE: Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ❑ ® ❑ ❑ b) Generation of excessive groundborne vibration or groundborne noise levels? ❑ ® ❑ ❑ c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, will the project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ED XIV. POPULATION AND HOUSING: Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other Infrastructure)? ❑ ❑ ® ❑ b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ XV. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times Legacy Sunflower Apartments Page 19 Mitigated Negative Declaration — March 14, 2019 751-105 or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XVI. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? XVII. TRANSPORTATION: Would the project: a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? XVIII. TRIBAL CULTURAL RESOURCES: a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: ❑ ❑ ® ❑ El 11 ❑❑ El ❑° o 19 ❑ ❑ ❑ ❑ ❑ ❑ Listed or eligible for listing in the California Register of Historical Resources, or in a local El of historical resources as defined in Public Resources Code section 5020.1 (k), or ►41 ® ❑ ❑ ❑ F-1 El ❑■ I■ 0 it. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in ❑ ❑ ❑ subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in Legacy Sunflower Apartments Page 20 Mitigated Negative Declaration — March 14, 2019 751-106 subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. XIX. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant ❑ ❑ ® ❑ environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? ❑ ❑ ® ❑ c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ❑ ❑ ® ❑ d) Generate solid waste in excess of State or local standards, or In excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? ❑ ❑ ® ❑ e) Comply with federal, state and local management and reduction statues and regulations related to solid waste? ❑ ❑ ❑ XX. WILDFIRE — If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? ❑ ❑ ❑ b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? ❑ ❑ ❑ c) Reguire the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? ❑ ❑ ❑ El d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result or runoff, post -fire slope ❑ ❑ ❑ Instability, or drainage changes? Legacy Sunflower Apartments Page 21 Mitigated Negative Declaration — March 14, 2019 751-107 XXI. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ❑ b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) ❑ ❑ ® ❑ c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ ® ❑ O. Explanation of Issues AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? No Impact. There are no State or County designated scenic vistas either adjacent to or within direct view of the site and would be impacted by the project. Furthermore, there are no city designed scenic resources, including scenic corridors, secondary corridors, city entries, inter -city corridors or scenic views identified in the Scenic Corridors Element of the Santa Ana General Plan that are adjacent to the site. MacArthur Boulevard, which is a Primary Street Corridor and located approximately one-half mile north of the project, is the closest city designated street corridor to the site and is not visible from the site. The project would not have any scenic vista impacts. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no state designated scenic highways and no scenic resources such as trees, rock outcroppings, or historic buildings within a state scenic highway either adjacent to or visible from the site that would be removed or altered by the project. The closest state designated scenic route to the project is the section of the 91 Freeway from the 55 Freeway on the west to the east Anaheim area, which is approximately eleven miles northeast of the project. The project is not visible from this section of the 91 Freeway that is a state designated scenic highway. The project would not impact a state scenic resource. c) In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Legacy Sunflower Apartments Page 22 Mitigated Negative Declaration — March 14, 2019 751-108 Significant Impact. The project would remove the existing single -story Sound Church, surface parking lot, landscaping and other site improvements to develop a five -story apartment building, a six level parking structure, landscaping, and other site improvements. The project would reflect a Modern architecture. The existing landscaping throughout the site would be replaced with new perimeter landscaping consisting of street trees, shrubs, groundcover, etc. Trees and landscaping are proposed throughout the project site where none currently exists. The proposed landscaping along the project perimeter and throughout the site would be visible to motorists and pedestrians on Sunflower Street and Flower Street and Improve the visual character of the site to the surrounding community compared to the existing condition. Figure 10 shows the proposed landscape plan. The project would change the visual character of the site from a single story church with surface parking and open space to high denslty residential consisting of a five -story apartment building and a six level parking structure. The proposed residential building would be a maximum height of 75' and the parking structure would be approximately five feet less, or 70'. The development adjacent to and surrounding the site Include a single -story elementary school to the north and two- and three-story apartments and townhomes to the west, south and east. The Avenue of the Arts apartment development in the City of Costa Mesa at the southwest corner of Sunflower Avenue and Flower Avenue is five -stories in height and approximately 200 feet southwest of the project. The South Coast Plaza Town Center Master Plan, which is south of the project, is located east of Bristol Street, north of the 1-405 freeway and south of Sunflower Avenue in the City of Costa Mesa. There are more than fourteen buildings in the Town Center Master Plan that are greater than 8 stories in height with multiple buildings greater than 14 stories in height. Therefore, there are buildings within half a mile of the project that are greater than 14 stories and taller than the proposed five -story apartment building. However, none of the existing buildings adjacent to the site are as tall as or taller than the proposed five -story apartment building. While the proposed apartment building and parking structure would be incompatible with the existing residences in the two story buildings west and east of the site, the project is not out of character with the three-story apartment buildings in The Enclave south of the project and the five -story apartment buildings in the Avenue of the Arts development southwest of the site. Building elevations showing the proposed apartment building and parking structure are shown in Figures 11 and 12. Figure 13 shows the project entrance from Sunflower Avenue. The project design, architecture and landscaping would be required to meet the applicable goals and policies of the General Plan Urban Design Element. The Urban Design Element establishes a long range vision regarding the City's urban form. This Element, in coordination with other Elements of the General Plan, orchestrates a safe, functional and aesthetically pleasing urban environment. Together with the other Elements of the General Plan, the Urban Design Element aims to curtail obsolete, dysfunctional, and chaotic development. This Element specifically addresses outdoor space and building form, and establishes programs and measures to Improve the physical setting in which community life takes place.' The Urban Design Element establishes "elements" including districts, paths, nodes, focus intersections, landmarks, and gateways. Based on Exhibit 3 of the Urban Design Element, the project is not located adjacent to or near any designated elements. The closest designated element to the project is MacArthur Boulevard, which is approximately one-half mile to the north and designated a Major Path. The Urban Design Element Includes goals and policies that promote the creation of an urban form that Is both pleasing and functional. The applicable goals and polices of the Urban Design Element to the proposed project Include the following: ' City of Santa Ana General Plan Urban Design Element, page 1. Legacy Sunflower Apartments Page 23 Mitigated Negative Declaration —March 14, 2019 751-109 Q z Q H z u. 0 } V W J LL z n N } U Q C) W J 751-110 U E 5 B =Phil Martin& Associates, Inc. LEGACY SUNFLOWER I CITY OF SANTA ANA WEST ELEVATION EAST ELEVATION Figure 12 West/East Building Elevations 751-112 Page 26 W .. =I ET -- w � :-V tunt „1 Ill C"iP4 P.._i ' II Imi mi all IM .. rscaa�• QI Goals Goal 3 Create and maintain a pleasant travel experience and strong orientation to the community through coordinated on -site and streetscape design. Policies 1.1 New development and redevelopment projects must have the highest quality design, materials, finishes and construction. 1.2 Site design must clearly define public spaces through building placement and orientation. 1.3 Development and other design features that prevent loitering, vandalism, graffiti and visual deprivation are to be Included in all projects. 1.4 Enhanced architectural forms, textures, colors and materials are expected in the design of all projects. 1.5 Plazas, open spaces and courtyards connecting to public right-of-ways so as to encourage public interactions will be promoted. 1.6 On and off -site Improvements must be pedestrian friendly. 1.7 Shared access, circulation and parking are encouraged as a means to minimize the amount of asphalt while increasing landscape in parking lots. 1.8 Utility lines for new development are to be placed underground. 2.1 Projects must acknowledge and improve upon their surroundings with the use of creative architectural design, streetscape treatments, and landscaping. 2.2 New development must be consistent with the scale, bulk, and pattern of existing development. 2.7 New development must exhibit a functional, comfortable scale in relation to its neighborhood. 2.8 The character and uniqueness of existing districts and neighborhoods are to be protected from Intrusive development. 2.9 Streetscapes, building placement, and predominant landscape setbacks that exceed code minimums should be preserved and enhanced. 2.10 Where no coherent theme exists, community Identify is to be developed through the introduction of architectural themes or unique Streetscapes. 3.2 Maximize the use of street trees and parkway landscaping to create a pleasant travel experience and positive City image. 3.15 Create a diverse urban forest through the use of a large variety of trees in medians, parkways, public open space and as part of private development. The project meets the applicable goal of the Urban Design Element as shown in the elevations. As shown, the south elevation of the project shows landscaping along the project boundary, including the frontage area between the apartment building and the parking structure and Sunflower Avenue to provide a pleasant experience for pedestrians and motorists along this section of Sunflower Avenue. The apartment building and parking structure provide a mix of colors and facade setbacks to eliminate long flat walls. The parking structure and the mechanical equipment on the roof of the apartment building would not be directly visible from the existing land uses west, south and east of the site. The cars in the parking structure would be visible to Taft Elementary School and land uses north of the project. The project also meets the applicable goals of the Urban Design Element with quality design, building materials and finishes. The site plan shows areas of public space throughout the project site Including an entry courts, the pool area within the westerly apartment building and landscaped open space areas Legacy Sunflower Apartments Mitigated Negative Declaration — March 14, 2019 Page 28 751-114 within the easterly apartment building with pedestrian access for project residents. The apartment building and parking structure are oriented towards Sunflower Avenue to focus development away from Taft Elementary school north of the site. Maintaining the existing driveway into the project for student drop-off at Taft Elementary school would minimize the amount of asphalt required for project trash collection. The project proposes on -site walkways to encourage pedestrian friendly access throughout the site. All off -site sidewalks adjacent to the site would be maintained with the project. All on -site utilities would be placed underground. The existing overhead power lines along the north side of Sunflower Avenue would be maintained in their existing overhead status. The project is generally consistent with the scale, bulk and pattern of the existing multi -family development south and southwest of the site. The apartment project directly south of the site Is three stories In height and similar to the project that is five stories. The multi -family project southwest of the site is four stories in height and similar to the project. The project is generally consistent with the function and scale of the two multi -family development projects south and southwest of the site that are three and five stories in height, respectively. Although consistent with the multi -family use of the developments west and east of the project, those adjacent projects are two -stories in height where the proposed apartment building is five stories in height. Therefore, the project is consistent with the use and character of the multi -family development east and west of the project, but Inconsistent with the height of the existing developments. New street trees are proposed along the north side of Sunflower Avenue to create a pleasant travel experience for pedestrians and motorists on Sunflower Avenue. Based on the proposed landscape plan, the use of trees, shrubs, and other landscape materials the project would create a diverse urban landscape throughout the project to buffer the project from adjacent surrounding development and provide an aesthetically pleasing project from surrounding areas. The project proposes both active and passive open space areas for project residents as shown in Figure 14. Overall, the project would comply with the General Plan and the Design Guidelines and have less than significant visual Impacts. d) Create a new source of substantial light or glare that will adversely affect day or nighttime views In the area? Less Than Significant Impact. The interior and exterior lights of the existing church and the headlights of the cars that enter and leave the site during nighttime hours generate light to the Immediate project area. Glare generated by the reflection of the sun on the windows of the church and cars in the parking lot also generates glare in the immediate project vicinity. The light and glare that is presently generated from the site is not known to impact adjacent surrounding land uses. The project site is exposed to light and glare that is generated by the existing residential uses to the west, south and east and Taft Elementary School adjacent to and north of the site. Motor vehicles traveling on Flower Street and Sunflower Avenue adjacent to the site also generate light and glare onto the site. The existing multi -family developments south and southwest of the site also generate light and glare that are visible from the site. There are numerous sources of light and glare both on and off the site, therefore, light and glare is not unique to the area. New sources of light generated by the project include City required exterior safety and security lighting associated with the proposed residential building, interior parking structure lighting, Interior lighting of the proposed apartments, landscape lighting, entrance lighting, streets lights along Sunflower Avenue, etc. These new sources of lighting would Increase the amount of light that is currently generated from the site. Legacy Sunflower Apartments Page 29 Mitigated Negative Declaration —March 14, 2019 751-115 U Q—..___ Z1-- -'--_--__— _ Q I woa nvmoani Z— Ln �A W Y pLL- MMW 's W AM y kk N V l W L w� Ji s! I ".r i ¢L t I I s I r pi • d -----' , a w„ •. woanvM-3�o � �n ------------------------L- ------------ - v�51-116 The headlights from cars entering and leaving the site would, like the current condition, be visible after dark. However, the project would increase the amount of light that is generated by cars entering and leaving the site compared to the existing condition. The main project entrance is at Sunflower Avenue near the middle of the site. The headlights of the cars leaving the project at night would shine directly south towards The Enclave apartment development south of Sunflower Avenue. The car headlights would not directly shine into the apartments south of the site because there is landscaping, an existing six-foot block wall and garages between the cars exiting the project and the apartment units of The Enclave. Therefore, the residents south of the project would not be significantly impacted by the headlights of cars exiting the site at the main driveway on Sunflower Avenue. The interior and exterior lights of the proposed apartment building and the parking structure would Increase the intensity of lighting currently on the site. Due to the height of the proposed apartment building and parking structure and the increase in intensity compared to the existing church there would be a significant increase in on -site lighting. Although there is high density residential development in the immediate project vicinity associated with The Enclave and The Avenue of the Arts multi -family developments south of the site, the project would increase the intensity of lighting on the north side of Sunflower Avenue adjacent to smaller scale and less dense multi -family development that could be noticeable to some existing residents in close proximity to the project. Glare is currently generated by metal surfaces and windows of the existing church and cars that are parked in the on -site parking lot. Off -site glare is generated by existing residential units and the Taft Elementary school adjacent to the site associated with metal building surfaces, windows and automobiles. Therefore, glare exists and is not unique to the project area. The project would generate more glare compared to the glare that is currently generated from the site due to metal surfaces of the residential building, parking structure and windows of the residential units. The South Coast Plaza Town Center Master Plan, which is south of the project, is located east of Bristol Street, north of the 1-405 freeway and south of Sunflower Avenue in the City of Costa Mesa. There are more than fourteen buildings in the Town Center Master Plan that are greater than 8 stories in height with multiple buildings greater than 14 stories in height. Several of the existing office buildings in the Town Center Master Plan have mirrored panels that reflect light and generate glare when the sun is shinning. Therefore, glare is not new to the general project area. While the light and glare that would be generated by the project would be noticeable compared to the existing condition, it is not anticipated the light and glare would significantly impact the existing residents adjacent to the project site. The light and glare generated by the project would not be significantly brighter or more intense than the light and glare that is generated by The Enclave and Avenue of the Arts residential projects because the project is similarly designed in that the project does not have large glass panels that would generate a significant amount of glare or allow interior apartment lights to be visibly noticeable. The City does not allow flood lighting and all project lighting and glare must meet and comply with Santa Ana Municipal Code Section 8-210 (1)(m)(n)(o) that designate the intensity of lighting allowed for the project. Project compliance with the lighting requirements of the Santa Ana Municipal Code would reduce light and glare impacts to less than significant. II. AGRICULTURE AND FORESTRY RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Legacy Sunflower Apartments Page 31 Mitigated Negative Declaration — March 14, 2019 751-117 California Resources Agency, to non-agricultural use? No Impact. The project site is developed with a church, church parking lot and landscaping. There is no agricultural use either on or adjacent to the site. The site is designated "Urban and Built -Up Land" by the State of California Department of Conservation Orange County Important Farmland 2016 map.z Because there is no agricultural use on the site the project would not convert prime, unique, or farmland of statewide importance to non- agricultural use and impact farmland. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The project site is not in a Williamson Act contract. The existing R1 Single -Family Residence zoning on the site does not allow agricultural use and the requested land use and zoning designations for the proposed project do not allow agricultural use. The project would not conflict with any existing agricultural use or a Williamson Act contract. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. There is no timber or forests on the project site or in the City of Santa Ana. The city does not have any land that is zoned and allows timber or forest production. The requested zone change to Specific Development (SD) does not allow timber or forest production. The project would not impact any forest or timber production. d) Result in the loss of forest land or conversion of forest land to non -forest use? No Impact. See Response to section " I l.c)" above. e) Involve other changes in the existing environment, which due to their location or nature, could individually or cumulatively result in the loss of Farmland, to non-agricultural use? No Impact. The project would not result in the loss of any farmland, either individually or cumulatively, and have no impact to farmland. III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. An air quality and greenhouse gas report' was prepared for the project. A copy of the air quality and greenhouse gas report is attached in Appendix A. The South Coast Air Quality Management District (SCAQMD) is the agency principally responsible for comprehensive air pollution control in the South Coast Air Basin (SCAB). The city of Santa Ana is located in the SCAB. As a regional agency, SCAQMD works directly with the Southern California Association of Governments (SCAG), county transportation commissions, and local governments and cooperates actively with all federal and state agencies regarding air emissions. South Coast Air Quality Management District The SCAQMD develops rules and regulations, establishes permitting requirements for stationary sources, inspects emission sources, and enforces such measures through educational programs or fines and is directly responsible to reduce emissions from stationary, mobile, and indirect sources. It has prepared a sequence of Air Quality Management Plans (AQMPs) and on June 30, 2016 released its Draft 2016 AQMP, which is a regional blueprint to achieve federal air quality standards and healthful Legacy Sunflower Air Quality and Global Climate Chan( Legacy Sunflower Apartments Mitigated Negative Declaration —March 14, 2019 Page 32 751-118 air. On March 23, 2017 the California Air Resources Board (CARB) approved the 2016 AQMP. The primary goal of the AQMP is to meet clean air standards and protect public health, including ensuring benefits to environmental justice and disadvantaged communities. The approved Plan has been forwarded to the U.S. Environmental Protection Agency for review. If approved by EPA, the plan becomes federally enforceable. The California Environmental Quality Act (CEQA) Guidelines requires a discussion of any inconsistencies between a proposed project and applicable general plans, specific plans and regional plans (CEQA Guidelines Section 15125(d)). The regional plan that applies to the project includes the SCAQMD Air Quality Management Plan (AQMP). A discussion of the projects consistency with the Santa Ana General Plan is provided in Section XI of this document. This section discusses any potential inconsistencies of the project with the AQMP. The project must comply with and meet all applicable rules and regulations of the AQMP. The SCAQMD CEQA Handbook states that "New or amended General Plan Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency with the AQMP". Strict consistency with all aspects of the plan Is usually not required. A project should be considered to be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The SCAQMD CEQA Handbook identifies two key indicators of consistency: (1) Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified In the AQMP. (2) Whether the project will exceed the assumptions in the AQMP in 2016 or increments based on the year of project buildout and phase. Both criteria are evaluated below. CRITERIA 1 — INCREASE IN THE FREQUENCY OR SEVERITY OF VIOLATIONS Based on the air quality modeling analysis contained in the air quality report that was prepared for the project (see Appendix A) the short-term construction impacts would not have any significant air emission impacts based on the SCAQMD regional and local thresholds of significance. The air quality report also found that long-term operational air emission impacts would not result in any significant impacts based on the SCAQMD local and regional thresholds of significance. Therefore, the project would not contribute to the exceedance of any air pollutant concentration standards and is consistent with the AQMP for Criteria 1. CRITERIA 2 — EXCEED ASSUMPTIONS IN THE AQMP Consistency with the AQMP assumptions is determined by performing an analysis of the project with the assumptions in the AQMP. The emphasis of this criterion is to ensure that the analyses conducted for the project are based on the same forecasts as the AQMP. The 2016-2040 Regional Transportation/Sustainable Communities Strategy prepared by the Southern California Association of Governments (SCAG) (2016) includes chapters on: the challenges in a changing region; creating a plan for our future; and the road to greater mobility and sustainable growth. These chapters currently respond directly to federal and state requirements placed on SCAG. Local governments are required to use these as the basis of their plans for purposes of consistency with applicable regional plans under Legacy Sunflower Apartments Mitigated Negative Declaration — March 14, 2019 Page 33 751-119 CEQA. For this project, the City's General Plan Land Use Plan defines the assumptions that are represented in the AQMP. The project site is designated Low Density Residential (LR-7) by the City of Santa Ana General Plan Land Use Plan and requires a General Plan Amendment to Urban Neighborhood (UN) to allow the number of residential units proposed for the site. Although the project requires a general plan amendment, it is not inconsistent with the AQMP. According to SCAQMD, a project is considered to be consistent with the AQMP if the project furthers one of more policies of the AQMP and noes not obstruct other AQMP policies. In the case of the proposed project, the higher density than currently allowed for the site can reduce congestion and motor vehicle emissions because of the availability of alternative transportation adjacent to the site and the available of shopping, restaurants and entertainment within close proximity to the site to allow residents to walk to these locations. The higher density allows a smaller ecological footprint and provides long-term economic sustainability. In addition, the project would implement contemporary energy -efficient technologies and regulatory/operational programs that are required by Title 24, CALGreen and the City of Santa Ana. Generally, project compliance with SCAQMD emissions thresholds, reductions and control requirements, which the project meets, act to reduce project air emissions. The project's compliance with all applicable SCAQMD air quality standards allows the project to meet and be in conformance with the AQMD. Therefore, the project would not exceed the AQMP assumptions for the project site and is found to be consistent with the AQMP for Criteria 2. Because the project is consistent with the AQMP, the project would not impact the AQMP. b) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. Cumulative projects include local development as well as general growth within the project area. However, as with most development, the greatest source of emissions is from mobile sources that travel well out of the local area. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local projects and when wind patterns are considered, would cover an even larger area. The project site is located within the SCAB, which is non -attainment for ozone and PM,o particulate matter. The emissions generated with the construction and operation of cumulative projects would further degrade the local air quality, as well as the air quality of the SCAB. The greatest cumulative impact on the regional air quality is the incremental addition of pollutants mainly from increased traffic by residential, commercial, and industrial development and the use of heavy equipment and trucks to construct these projects. Air quality would be temporarily degraded during construction activities that occur separately or simultaneously. However, in accordance with the SCAQMD methodology, projects that do not exceed the SCAQMD criteria or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative impact. As stated in section "Ill.c)" below the project would not generate any short- or long-term air emissions that exceed SCAQMD emission thresholds. Therefore, the project would not have any significant cumulative criteria pollutant impacts. c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. A sensitive receptor is a person In the population who is particularly susceptible to health effects due to exposure to an air contaminant. The following are land uses (sensitive sites) where sensitive receptors are typically located: Legacy Sunflower Apartments Page 34 Mitigated Negative Declaration — March 14, 2019 751-120 • Schools, playgrounds and childcare centers • Long-term health care facilities • Rehabilitation centers • Convalescent centers • Hospitals • Retirement homes • Residences4 The closest sensitive receptors to the project site are the students and administrators at the Taft Elementary School adjacent to and north of the site and the multi -family development adjacent to the east, residents of The Enclave apartment project to the south (south of Sunflower Avenue), residents of the Avenue of the Arts apartment project to the southwest (southwest of the intersection of Sunflower Avenue and Sakioka Drive) and residents of the multi -family development to the west (west of Flower Street). State — California Air Resources Board The California Air Resources Board (GARB), which is a part of the California Environmental Protection Agency, is responsible for the coordination and administration of both federal and state air pollution control programs within California. In this capacity, the CARB conducts research, sets the California Ambient Air Quality Standards (CAAQS), compiles emission inventories, develops suggested control measures, provides oversight of local programs, and prepares the State Implementation Plan (SIP). The California Ambient Air Quality Standards (CAAQS) for criteria pollutants are shown in Table 1. In addition, the CARB establishes emission standards for motor vehicles sold in California, consumer products (e.g., hairspray, aerosol paints, and barbeque lighter fluid), and various types of commercial equipment. It also sets fuel specifications to further reduce vehicular emissions. Table 1 State and Federal Criteria Pollutant Standards Concentration / Averaging Time California Federal Primary Air Pollutant Standards Standards Most Relevant Effects (a) Decline In pulmonary function and localized lung edema in humans and animals; (b) Risk to public health Implied by alterations in pulmonary 0.09 ppm/1- morphology and host defense in animals; (c) hour Increased mortality risk; (d) Risk to public health Ozone (Oa) 0.07 ppm/8- 0.070 ppm/8-hour Implied by altered connective tissue metabolism hour and altered pulmonary morphology in animals after long-term exposures and pulmonary function decrements in chronically exposed humans; (e) Ve etation damage; and 0 Property damage. 20.0 ppm/1- (a) Aggravation of angina pectoris and other aspects of coronary heart disease; (b) Decreased Carbon hour m/1-hour 35.0 pp m/1-h exercise tolerance in persons with peripheral Monoxide (CO) 9.0 ppm/8- 9.0 pp ur vascular disease and lung disease; (c) Impairment hour of central nervous system functions; and (d) 4 South Coast Air Quality Management District, Guidance Document for Addressing Air Quality Issues in General Plans and Local Planninq, Chapter 2 pace 2-1. Legacy Sunflower Apartments Page 35 Mitigated Negative Declaration — March 14, 2019 751-121 Possible increased risk to fetuses. (a) Potential to aggravate chronic respiratory 0.18 ppm/1- disease and respiratory symptoms in sensitive Nitrogen hour 100 ppb/1-hour groups; (b) Risk to public health implied by Dioxide (NO2) 0.03 0.053 ppm/annual pulmonary and extra -pulmonary biochemical and ppm/annual cellular changes and pulmonary structural changes; and c Contribution to atmospheric discoloration. 0.25 ppm/1- (a) Bronchoconstriction accompanied by symptoms Sulfur Dioxide hour 75 ppb/1-hour which may include wheezing, shortness of breath (S02) 0.04 ppm/24- 0.14 ppm/annual and chest tightness, during exercise or physical hour activity in persons with asthma. Suspended 50 pg/m3/24- Particulate hour 20 /m /24-hour 150 p9 3 (a) Exacerbation of symptoms in sensitive patients Matter (PMio) pg/m3/annual with respiratory or cardiovascular disease; (b) Declines in pulmonary function growth in children; Suspended 12 pglm3 / 35 pglm3/24-hour (c) Increased risk of premature death from heart or Particulate annual 12 pg/m3/annual lung diseases in elderly. Matter (PM2.e) (a) Decrease In ventilatory function; (b) Aggravation Sulfates 25 pg/m3/24- No Federal of asthmatic symptoms; (c ) Aggravation of cardio- hour Standards pulmonary disease; (d) Vegetation damage; (e) Degradation of visibility; f) property damage. Lead 1.5 pg/m3/30- 0.15 pg/m3/3-month (a) Learning disabilities; (b) Impairment of blood day rolling formation and nerve conduction. Extinction coefficient of 0.23 per kilometer - Visibility Reducing visibility of 10 miles or more No Federal Visibility impairment on days when relative humidity Particles due to Standards is less than 70 percent. particles when humidity is less than 70 percent. Source: nnps://www.arb.ca.gov/research/aagslaags2.pdf The SCAB has been designated by CARB as a nonattainment area for ozone, PM10 and PM2.5. Currently, SCAB is in attainment with the ambient air quality standards for CO, lead, S02, NO2, and sulfates and is unclassified for visibility reducing particles and hydrogen sulfide. Table 2 shows the attainment and nonattainment status of the measured emissions in the SCAB. Legacy Sunflower Apartments Page 36 Mitigated Negative Declaration — March 14, 2019 751-122 Table 2 South Coast Air Basin Attainment Status Pollutant State Status' National StatuS2 Ozone Nonattainment Nonattainment (Extreme) Carbon monoxide Attainment Attainment/Unclassified Nitrogen dioxide Attainment Attainment/Unclassified Sulfur dioxide Attainment Attainment/Unclassified PM10 Nonattainment I Attainment (Maintenance) PM2.5 Nonattainment I Nonattainment (Moderate) (1) Source of State status: California Air Resources Board June 2017. (2) Source of National status: http://www3.epa.gov/airquality/greenbk/index.html and CARB 2017. South Coast Air Quality Management District The SCAQMD is the agency principally responsible for comprehensive air pollution control in the SCAB. As a regional agency, the SCAQMD works directly with SCAG, county transportation commissions, and local governments and cooperates actively with all federal and state agencies. The SCAQMD develops rules and regulations, establishes permitting requirements for stationary sources, inspects emission sources, and enforces such measures through educational programs or fines, when necessary. The SCAQMD is directly responsible to reduce emissions from stationary, mobile, and indirect sources. City of Santa Ana The City of Santa Ana is responsible to assess and mitigate air emissions by its land use decisions. The City is also responsible to implement transportation control measures as outlined in the 2016 AQMP. The City assesses the air quality Impacts of new development, requires mitigation of potentially significant air quality Impacts by conditioning discretionary permits, and monitors and enforces Implementation of the mitigation. Because the City does not have the expertise to develop plans, programs, procedures, and methodologies to ensure that air quality within the City meets federal and state standards, the City relies on the expertise of the SCAQMD and utilizes the SCAQMD CEQA Handbook as the guidance document for the environmental review of plans and development proposals within its jurisdiction. The City of Santa Ana General Plan Conservation Element contains the following air quality -related goals and objectives that are applicable to the proposed project: Goal 3 Preserve and enhance the aesthetic and environmental quality of the community for the enjoyment of all residents. Objectives 1.1 Reduce air pollution emissions to achieve national ambient air quality standards. Legacy Sunflower Apartments Page 37 Mitigated Negative Declaration — March 14, 2019 751-123 Monitored Air Quality The air quality at a site is dependent on the regional air quality and local pollutant sources. Regional air quality is determined by the release of pollutants throughout the air basin. Estimates of the existing emissions in the Basin indicate that collectively, mobile sources account for 60 percent of the VOC, 90 percent of the NOx emissions, 95 percent of the CO emissions and 34 percent of directly emitted PM2.5, with another 13 percent of PM2.5 from road dust. The SCAQMD has divided the South Coast Air Basin into 38 air -monitoring areas with a designated ambient air monitoring station representative of each area. The project site is located in the Central Orange County Air Monitoring Area (Area 17), which is located in the central portion of Orange County and covers an area from Anaheim to the north, Cypress to the west, Tustin to the east, and Fountain Valley to the south. Data was taken from the Costa Mesa -Mesa Verde Drive (Costa Mesa Station) and Anaheim -Pampas Lane (Anaheim Station) which are the closest monitoring stations to the project site. Table 3 summarizes years 2015 through 2017 published monitoring data, which is the most recent 3- year period available. The data shows that during the past few years, the project area has exceeded the ozone and Particulate Matter (PM10 and PM2.5) standards. However, it should be noted that due to the air monitoring station distance from the project site, recorded air pollution levels at the air monitoring station reflect with varying degrees of accuracy the local air quality conditions at the project site. Table 3 Air Quality Monitoring Summary' Pollutant Pollutant (Standard)2 Year 2015 2016 2017 Ozone: Maximum 1-Hour Concentration (ppm) Days > CAAQS (0.09 ppm) Maximum 8-Hour Concentration (ppm) Days > NAAQS (0.070 ppm) Days > CAAQS (0.070 m) 0.099 0.090 0.088 1 0 0 0.080 0.069 0.080 2 0 4 2 0 5 Carbon Monoxide: Maximum 8-Hour Concentration (ppm) Days > CAAQS (9 ppm) Days > NAAQS (9 m) ' 0 0 0 0 0 0 Nitrogen Dioxide: Maximum 1-Hour Concentration (ppm) Days > CAAQS (0.18 m) 0.052 0.060 0.045 0 0 0 Inhalable Particulates (PM10):2 Maximum 24-Hour Concentration (Ng/m3) Days > NAAQS (150 pg/m3) Days > CAAQS (50 Ng/m3) Annual Average ( /m3) 59.0 74.0 95.7 0 0 0 2 3 5 5.5 27.5 26.9 Ultra -Fine Particulates (PM2.5): Maximum 24-Hour Concentration (pg/m3) Days > NAAQS (35 /m3) N9 Annual Average ( /m3) 53.8 45.5 56.2 3 1 7 14.7 9.4 Legacy Sunflower Apartments Page 38 Mitigated Negative Declaration — March 14, 2019 751-124 (1) Source: http://www.arb.ca.gov/adam/topfour/topfourl.php Data from the Costa Mesa -Mesa Verde Drive monitoring station unless noted. (2) CAAQS = California Ambient Air Quality Standard; NAAQS = National Ambient Air Quality Standard; ppm = parts per million (3) Data from the Anaheim -Pampas Lane monitoring station. Insufficient data available to determine value. Air Emission Thresholds The incremental regional air quality impact of an individual project is generally very small and difficult to measure. Therefore, SCAQMD has developed significance thresholds based on the volume of pollution emitted rather than on actual ambient air quality because the direct air quality impact of a project is not quantifiable on a regional scale. The SCAQMD CEQA Handbook states that any project in the South Coast Air Basin with daily emissions that exceed any of the identified significance thresholds should be considered as having an individually and cumulatively significant air quality impact. For the project a regional air quality impact would be considered significant if project emissions exceed the SCAQMD significance thresholds shown in Table 4. Table 4 SCAQMD Air Quality Significance Thresholds Mass Daily Thresholds Pollutant Construction (Ibs/da) Operation (Ibs/da ) NOx 100 55 VOC 75 55 PM10 150 150 PM2.5 55 55 Sox 150 150 CO 550 550 Lead 3 3 Toxic Air Contaminants, Odor and GHG Thresholds TACs Maximum Incremental Cancer Risk >- 10 in 1 million Cancer Burden > 0.5 excess cancer cases (in areas >- 1 in 1 million) Chronic & Acute Hazard Index > 1.0(project increment) Odor Project creates an odor nuisance pursuant to SCAQMD Rule 402 GHG 10,000 MT/yr CO2e for industrial projects Ambient Air Quality Standards Pollutant SCAQMD Standards NO2 -1-hour average 0.18 ppm 338 /m^3 PM10 -24-hour average Construction Operations 10.4 pg/m^3 2.5 u /m^3 PM2.5 -24-hour average Construction Operations 10.4 pg/m^3 2.5 pgJMA3 Legacy Sunflower Apartments Page 39 Mitigated Negative Declaration - March 14, 2019 751-125 SO2 1-hour average 0.25 ppm 24-hour average 0.04 ppm CO 1-hour average 20 ppm (23,000 pg/m^3) 8-hour average 9ppM (10,000 /m^3) Lead 30-day average 1.5 pg/m^3 Rolling 3-month average 0.15 pg/m43 Quarterly average 1.5 ua/m^3 Local Air Quality Project -related construction air emissions may have the potential to exceed the State and Federal air quality standards in the project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the SCAB. In order to assess local air quality impacts the SCAQMD has developed Localized Significant Thresholds (LSTs) to assess the project -related air emissions in the project vicinity. The SCAQMD has also provided Final Localized Significant Threshold Methodology (LST Methodology), June 2003, which details the methodology to analyze local air emission impacts. The Localized Significant Threshold Methodology found that the primary emissions of concern are NO2, CO, PM10, and PM2.5. Toxic Air Contaminants Construction The operation of the construction equipment that would be used to demolish, grade and construct the project would emit Diesel Particulate Matter (DPM), which is a carcinogen. However, the DPM emissions are short-term in nature. The determination of the risk from the short-term generation of DPM is considered over a 30-year exposure period because carcinogenic risk is directly related to sustain exposure. In contrast, construction activities would be limited to a period of approximately 24 months for the project based on the estimated construction schedule. Therefore, the duration of construction activities would represent a fraction of the 30-year exposure period used as the basis for assessing the significance of carcinogenic risk exposure. As a result, the project generated DPM would not represent a source of sustained DPM emissions. Therefore, due to the short construction period over the 30-year exposure period, the exposure to DPM due to the project would be less than significant. Operation The project proposes to develop the site with 226 multi -family attached residential dwelling units. Therefore, the project is not anticipated be a source of toxic air contaminants and sensitive receptors would not be exposed to toxic sources of air pollution. Short -Term Construction Impacts The construction activities necessary to develop the project would generate air emissions, toxic air contaminant emissions, etc. throughout construction. The project construction activities include the demolition of the existing church, church parking lot and other site improvements, grading the site, Legacy Sunflower Apartments Page 40 Mitigated Negative Declaration — March 14, 2019 751-126 excavation for the first level of the subterranean parking structure and the construction of the apartment building, parking structure and required site improvements. Typical emission rates from construction activities were obtained from CaIEEMod Version 2016.3.2. CaIEEMod is a computer model published by the SCAQMD to estimate air pollutant emissions. The CaIEEMod program uses the EMFAC2014 computer program to calculate the emission rates specific for Orange County for construction -related employee vehicle trips and the OFFROAD2011 computer program to calculate emission rates for heavy truck operations. EMFAC2014 and OFFROAD2011 are computer programs generated by CARB that calculate composite emission rates for vehicles. For the proposed project the CaIEEMod, calculated the peak daily air pollutant emissions and the highest level of emissions for each of the construction phases in terms of air pollutant emissions. SCAQMD's Rule 403 The project would be required to comply with SCAQMD rules to reduce fugitive dust emissions during project construction and the life of the project. Project compliance with Rule 403 is achieved through the application of standard best management practices during construction and operation activities, which Include the application of water or chemical stabilizers to disturbed soils, manage haul road dust by the use of water, cover haul vehicles, restrict vehicle speeds on on -site unpaved roads to 15 mph, sweep loose dirt from paved site access roadways, stop construction activity when wind speeds exceed 25 mph and establish a permanent ground cover on finished areas. Construction -Related Criteria Impacts The construction -related criteria pollutant emissions for each construction phase are shown in Table 5. As shown, none of the project's construction emissions would exceed regional thresholds. Therefore, project construction emissions would be less than significant. Table 5 Construction -Related Regional Pollutant Emissions Activity Pollutant Emissions (pounds/day) ROG NOx Co SO2 PM10 PM2.5 Demolition On-Site2 3.31 33.20 21.75 0.04 1.78 1.56 Off -Site; 0.08 0.44 0.59 0.00 0.20 0.05 Subtotal 3.39 33.65 22.35 0.04 1.98 1.61 Site Preparation On-SIte2 1.50 15.54 8.69 0.01 3.24 2.05 Off-Site3 0.08 0.05 0.59 0.00 0.20 0.05 Subtotal 1.58 15.59 9.28 0.02 3.45 2.11 Grading On-Site2 2.43 26.39 16.05 0.03 3.91 2.50 Off-Site3 1.81 62.69 1 .91 0.17 4.29 1.31 Subtotal 4.24 89.07 32.97 0.20 8.20 1 3.81 Building Construction On -Site' 2.12 19.19 16.85 0.03 1.12 1.05 Off-Site3 1.39 7.59 10.62 0.05 3.48 0.97 Subtotal 3.51 26.78 27.47 0.07 1 4.60 2.02 Legacy Sunflower Apartments Page 41 Mitigated Negative Declaration - March 14, 2019 751-127 Paving On-Site2 1.12 10.84 12.26 0.02 0.58 0.53 Off-SIte3 0.08 0.05 0.61 0.00 0.23 0.06 Subtotal 1.20 10.89 12.87 0.02 0.80 0.59 Architectural Coating On-Sitez 51.34 1.53 1.82 0.00 0.09 0.09 Off-Site3 0.22 0.13 1.64 0.01 0.61 0.16 Subtotal 51.56 1.66 3.46 0.01 0.70 0.26 Total for overlapping phases" 56.27 39.32 43.79 0.10 6.11 2.87 SCAQMD Thresholds 75 100 550 150 150 55 Exceeds Thresholds? No No No No No No %I, -UUIl c.l UJI UIVIUU VCIJIUII LV I n.3.L (2) On -site emissions from equipment operated on -site that is not operated on public roads. On -site grading and site preparation PM-10 and PM-2.5 emissions show mitigated values for fugitive dust for compliance with SCAQMD Rule 403. (3) Off -site emissions from equipment operated on public roads. (4) Construction, painting and paving phases may overlap. Construction Related Local Impacts Construction -related air emissions have the potential to exceed both State and Federal air quality standards in the project vicinity, even though the pollutant emissions may not be significant and have a regional impact to the South Coast Air Basin. The project is analyzed for potential local air quality impacts associated with construction -related fugitive dust and diesel emissions, toxic air contaminants and construction -related odor impacts. Local Air Quality Impacts from Construction The SCAQMD published a "Fact Sheet for Applying CalEEMod to Localized Significance Thresholds"' (LST). CalEEMod calculates construction emissions based on the number of equipment hours and the maximum daily disturbance activity possible for each piece of equipment. As shown in Table 6, the maximum number of acres disturbed in a day would be three acres during project grading. Table 6 Maximum Number of Arrpc nicturhari Par na" Activity Equipment Number Acres/81hr-da Total Acres Demolition Rubber Tired Dozers 2 0.5 1 Excavators 3 0.5 1.5 Total for hose 2.5 Site Preparation Rubber Tired Dozers 1 0.5 0.5 Tractors/Loaders/Backhoes 1 2 0.5 1 Total for phase - - 1.5 Excavators 1 0.5 0.5 Grading Rubber Tired Dozers 1 0.5 0.5 Graders 1 0.5 0.5 Tractors/Loaders/Backhoes 3 0.5 1.5 Total for Phase - 3 Source. South Coast AQMD, race Sheet for Applying caittMod to Localized Significance Thresholds, 2011b. 5 South Coast Air Quality Management District 2011b. Legacy Sunflower Apartments Page 42 Mitigated Negative Declaration - March 14, 2019 751-128 The local air quality emissions from project construction activities were analyzed using the SCAQMD's Mass Rate Localized Significant Threshold Look -up tables and the methodology described in LST Methodology, prepared by SCAQMD. The emission thresholds were calculated based on the Central Orange County source receptor area (SRA) 17 and a disturbance value of two acres per day. According to LST Methodology, any receptor located closer than 25-meters (82 feet) shall be based on the 25-meter thresholds. The nearest sensitive receptors are the students and administrators at the Taft Elementary School located adjacent to and north of the project and residents of the existing multi- family residential dwelling units adjacent to and east of the site. Therefore, the SCAQMD Look -up tables for 25-meters was used. Table 7 shows the on -site emissions from the CaIEEMod model for the different construction phases and the calculated emissions thresholds. Table 7 Local Construction Emissions at the Nearest Receptors Activity On -Site Pollutant Emissions (pounds/day) NOx CO PM10 PM2.5 Demolition 33.20 21.75 1.78 1.56 Site Preparation 15.54 8.69 3.24 2.05 Grading 26.39 16.05 3.91 2.50 Building Construction 19.19 16.85 1.12 1.05 Paving 10.84 12.26 0.58 0.53 Architectural Coating 1.53 1.82 0.09 0.09 SCAQMD Thresholds 115 715 6 4 Exceeds Threshold? No No No No As shown in Table 7, none of the analyzed criteria pollutants would exceed the SCAQMD's local emissions thresholds at the nearest sensitive receptor. Therefore, the project construction emissions meet the LST for construction thresholds and would be less than significant. Construction -Related Toxic Air Contaminant Impacts The greatest potential for toxic air contaminant emissions from the project would be due to diesel particulate emissions due to the operation of heavy equipment operations during construction of the project. According to SCAQMD methodology, health effects from carcinogenic air toxics are usually described in terms of "individual cancer risk". "Individual Cancer Risk" is the likelihood that a person exposed to concentrations of toxic air contaminants over a 30-year lifetime would contract cancer, based on the use of standard risk -assessment methodology. Given the relatively limited number of heavy-duty construction equipment and the short-term construction schedule, the project would not result in a long-term (i.e., 30 years) substantial source of toxic air contaminant emissions and corresponding individual cancer risk. Furthermore, construction -based particulate matter (PM) emissions (including diesel exhaust emissions) do not exceed local or regional thresholds. Therefore, no significant short-term toxic air contaminant impacts would occur during project construction. Long -Term Operational Emissions The on -going operation of the project would increase the generation of long-term air quality emissions. This increase would mainly be due to emissions from the project -generated vehicle trips. The following Legacy Sunflower Apartments Page 43 Mitigated Negative Declaration — March 14, 2019 751-129 section provides an analysis of potential long-term air quality impacts due to regional air quality and local air quality impacts with the on -going operations of the project. Mobile Sources Mobile sources generate air emissions due to project vehicle miles traveled. Information from the traffic study was referenced to provide the input data necessary for the CalEEMod model. Emission factors for each vehicle trip was provided by the EMFAC2014 model to determine the vehicular traffic pollutant emissions to calculate mobile source emissions. Area Sources Area source emissions include emissions from consumer products, landscape maintenance equipment and architectural coatings. Landscape maintenance equipment emissions include fuel combustion emissions from the operation of equipment such as lawn mowers, rototillers, shredders/grinders, blowers, trimmers, chain saws, and hedge trimmers, as well as air compressors, generators, and pumps. Because specific landscape equipment fleet information was not known, CaIEEMod defaults were used to estimate the emissions from the operation of the landscaping equipment that would typically be used for a project as proposed. Energy Usage Energy usage includes air emissions from the generation of electricity and the use of natural gas by the project. The project is required to comply with 2016 Title 24 standards. Regional Air Quality Impacts The worst -case long-term operational air emissions of the project are summarized in Table 8. As shown, the long-term operational emissions of the project do not exceed SCAQMD thresholds for the studied emissions. Therefore, the operational air quality impacts of the project are less than significant. Table 8 Regional Operational Pollutant Emissions' Activity Pollutant Emissions (pounds/day) ROGs NOx CO SO2 PM10 PM2.5 Area Sourcesz 6.98 3.59 20.15 0.02 0.38 0.38 Energy Usage' 0.08 0.65 0.28 0.00 0.05 0.05 Mobile Sources' 1.82 7.51 24.92 0.10 8.98 2.45 Total Emissions 1 8.88 11.75 45.35 0.12 9.41 2.88 SCAQMD Thresholds 55 55 550 150 150 55 Exceeds Threshold? No I No I No I No I No No (1) Source: Cal EEMod Version 2016.3.2; the higher of either summer or winter emissions. (2) Area sources consist of emissions from consumer products, architectural coatings, and landscaping equipment. (3) Energy usage consists of emissions from generation of electricity and on -site natural gas usage. (4) Mobile sources consist of emissions from vehicles and road dust. Legacy Sunflower Apartments Mitigated Negative Declaration — March 14, 2019 Page 44 751-130 Operations -Related Local Air Quality Impacts Project -related air emissions may have a potential to exceed the State and Federal air quality standards in the project vicinity, even though the pollutant emissions may not be significant to create a regional impact to the SCAB. The project was analyzed for potential local CO emission impacts from project -generated vehicular trips and on -site operations. Local CO Emission Impacts from Project -Generated Vehicular Trips CO is the pollutant of major concern along roadways because the most notable source of CO is the operation of motor vehicles. For this reason, CO concentrations are usually Indicative of the local air quality generated by a roadway network and are used as an indicator of potential local air quality impacts. To determine if the project could generate emission levels in excess of the CO standards, a sensitivity analysis is typically conducted to determine the potential for CO "hot spots" at intersections in the general project vicinity. Because of reduced speeds and vehicle queuing, "hot spots" potentially can occur at high traffic volume intersections with a Level of Service E or worse. The intersection in the project area with the highest traffic volume is Bristol Street at Anton Boulevard with an evening peak hour volume of 2,203 trips (Year 2040 Buildout Plus Project). The 1992 Federal Attainment Plan for Carbon Monoxide (1992 CO Plan) showed that an intersection with a daily traffic volume of approximately 100,000 vehicles per day would not violate the CO standard. Therefore, as the intersection with the highest traffic volume falls far short of 100,000 vehicles, no CO "hot spot" modeling was performed for the project. As a result, the project would not have any significant long- term CO emission impact to local air quality. Local Air Quality Impacts from On -Site Operations Project -related air emissions from on -site sources such as architectural coatings, the operation of landscape equipment, on -site usage of natural gas appliances and the operation of vehicles on -site may have the potential to exceed the State and Federal air quality standards in the project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the Air Basin. According to SCAQMD LST methodology, LSTs would apply to the operational phase of a project, if the project includes stationary sources, or attracts mobile sources (such as heavy-duty trucks) that may spend long periods queuing and idling at the site; such as industrial warehouse/transfer facilities. The project is a multi -family attached residential project and does not include such uses. Therefore, due the lack of stationary source emissions, no long-term localized significance threshold analysis is warranted. The project would not generate any air emissions that exceed SCAQMD thresholds. The elementary school and the residential development west, south and east of the project, respectively, are considered sensitive land uses. Because the project would not generate any air emissions that exceed adopted emission thresholds, the sensitive receptors adjacent to the project would not be exposed to substantial pollutant concentrations. Construction and long-term operational emissions by the project would not significantly impact any sensitive receptors adjacent to or in the project vicinity. Legacy Sunflower Apartments Page 45 Mitigated Negative Declaration —March 14, 2019 751-131 d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less Than Significant Impact. Potential sources for odors during project construction include the application of materials such as asphalt pavement and diesel exhaust emissions from the operation of diesel powered construction equipment. The objectionable odors that would be generated during the construction process would be short-term and any odor emissions would cease upon the drying or hardening of the odor producing materials (asphalt pavement) or ceasing operation of the diesel construction equipment. Diesel exhaust and VOCs would be emitted during construction of the project, which are objectionable to some. However, emissions would disperse rapidly from the project site and therefore would not reach an objectionable level at the nearest sensitive receptors. Due to the short-term nature and limited amounts of odor producing materials being utilized, no significant odor impacts are anticipated during project construction. The proposed residential project, like other similar residential projects in Santa Ana, would not generate any emissions or odors that are not typically associated with residential development and impact area residents or sensitive receptors adjacent to and in close proximity to the project. The project would not have any significant odor impacts. IV. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? No Impact. The site is developed with a church, church parking lot and landscaping. There is minimal vegetation on the site and the vegetation that is present on the site consists of Introduced urban landscape materials. There are no wildlife species on the site and none of the existing introduced urban landscaping plants are candidates for a sensitive or special status species. The project would not impact wildlife or wildlife habitat. b) Have substantial adverse impact on any riparian habitat or other natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? No Impact. Because the site is developed there is no riparian habitat or other natural communities on the site. The project would not impact riparian or other natural communities. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? No Impact. Please see section "IV.b)" above. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. The project site as well as the properties surrounding the site are developed with urban uses, including an elementary school and multi -family residential development. Because the site is developed it does not serve as a migratory wildlife corridor or a wildlife nursery. The project would not impact or impede any wildlife corridors or migratory wildlife species. e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact. There are introduced non-native trees on the site that are part of the landscaping that is present throughout the property. None of the existing non-native Legacy Sunflower Apartments Page 46 Mitigated Negative Declaration —March 14, 2019 751-132 trees are protected by a local policy or ordinance that would prohibit their removal. The project would not impact any local policies that protect biological resources, including trees. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The City of Santa Ana is not located within an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. The project would not conflict with or impact a conservations plan. V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? No Impact. The existing church and other site improvements would be demolished to develop the project. Based on the Santa Ana General Plan°, the church is not a designated historical resource. The project would not have a historical resource impact. b) Cause a substantial adverse change in the significance of a unique archaeological resource as defined in §15064.5? Less Than Significant Impact. There may be resources present on the site that would could be uncovered or exposed during project grading and construction that may be considered a unique archaeological resource. As recommended in section "XVIII. a)", mitigation measure are recommended requiring a Native American Monitor of Gabrieleno Ancestry to be on -site during all project -related, ground -disturbing construction activities (e.g., pavement removal, auguring, boring, grading, excavation, potholing, trenching, grubbing, and weed abatement) of soils to a maximum depth of 10 feet below ground surface to monitor for the presence of Tribal resources. The Tribal monitor would evaluate all archaeological resources unearthed by project construction activities to determine if a resource is Native American in origin or not. As required by the recommended mitigation measures in section "XVIII. a)", if archaeological features are discovered, including Tribal and non -Tribal resources, the archaeologist shall report such findings to the City of Santa Ana Planning Manager. The incorporation of the recommended mitigation measures in section "XVIII. a)" would reduce potential Tribal and non -Tribal archaeological resource impacts to less than significant. c) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. The project site is not presently used as a formal cemetery and has not been used as a cemetery in the past. In addition, the site is not known to have been used for any activities that have resulted in human remains being present on the property. The project would not impact human remains. VI. ENERGY: Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact. Information found in this section, as well as other aspects of the project's energy implications, are discussed in greater detail elsewhere in this MND, including section "VII" (Greenhouse Gas Emissions) and section "XVII" (Transportation) of this MND. Santa Ana General Plan Land Use Element, Exhibit A-12 Historic Resources. Legacy Sunflower Apartments Page 47 Mitigated Negative Declaration — March 14, 2019 751-133 Construction -Related Energy Consumption Estimated Energy Consumption Heavy-duty construction equipment associated with demolition, grading, the construction of utilities, paving, and building construction would include, excavators, graders, tractors/loaders/backhoes, dozers, scrapers, air compressors, cranes, forklifts, generators, pumps, welders, rollers, trenchers and pavers. The majority of the equipment would likely be diesel -fueled; however, smaller equipment, such as air compressors and forklifts may be electric, gas, or natural gas -fueled. For the purposes of this assessment, it is assumed that the construction equipment would be diesel -fueled, due to the speculative nature of specifying the amounts and types of non -diesel equipment that might be used, and the difficulties in calculating the energy, which would be consumed by this non -diesel equipment. The number of construction workers required to construct the project would vary based on the phase of construction and the activity taking place. The transportation fuel required by construction workers to travel to and from the site would depend on the total number of worker trips estimated for the duration of construction activity. A 2007 study by the California Department of Transportation (Caitrans) estimates the statewide average fuel economy for all vehicle types (automobiles, trucks, and motorcycles) in the year 2020 is 18.78 miles per gallon.7 Assuming construction worker vehicles have an average fuel economy consistent with the Caltrans study and each construction worker commutes an average of 20 miles a day to and from the site, the maximum 50 workers on -site during each phase of the project is estimated to consume approximately 53 gallons of gasoline a day. Assuming all 50 construction workers are employed at the site for a year (52 weeks), the fuel used by construction workers commuting to the site is approximately 345 barrels (13,780 gallons) of gasoline and represents less than 0.00010 percent of the statewide transportation gasoline consumption in 2016, which is the latest year that data is available.8 Construction equipment fuels (e.g., diesel, gasoline, natural gas) would be provided by local or regional suppliers and vendors. Electricity would be supplied by the local utility provider (e.g., Southern California Edison) via existing connections. A temporary water supply, primarily for fugitive dust suppression and street sweeping, would also be supplied by the local provider (e.g., City). Electricity used during construction to provide temporary power for lighting and electronic equipment (e.g., computers, etc.) inside temporary construction trailers and for outdoor lighting when necessary for general construction activity would generally not result in a substantial increase in on -site electricity use. Electricity use during construction would be variable depending on lighting needs and the use of electric -powered equipment and would be temporary for the duration of construction activities. Thus, electricity use during construction would generally be considered negligible. Energy Conservation: Regulatory Compliance The project would utilize construction contractors who demonstrate compliance with applicable CARB regulations governing the accelerated retrofitting, repowering, or replacement of heavy-duty diesel on - and off -road equipment. CARB has adopted an Airborne Toxic Control Measure to limit heavy-duty diesel motor vehicle idling in order to reduce public exposure to diesel particulate matter and other TACs. Compliance with the above anti -idling and emissions regulations would result in a more efficient 12007 California Motor Vehicle Stock, Travel and Fuel Forecast, California Department of Transportation, Table 1, (2006). 'California 2015 Transportation gasoline consumption - 348,830 thousand barrels; Legacy Sunflower Apartments Mitigated Negative Declaration — March 14, 2019 Page 48 751-134 use of construction -related energy and minimize or eliminate wasteful and unnecessary consumption of energy. With respect to solid waste, CALGreen requires 65% of most construction and demolition waste be diverted from a landfill. The project would generate various types of debris during project demolition and construction. Concrete and asphalt that is removed from the site during demolition can either be ground and reused on the site as base material for driveways or sold to a recycler. The City of Santa Ana has a Source Reduction and Recycling Element (SRRE) to recycle, compost, provide special waste disposal, and provide public information programs. As required by Assembly Bill 939 (AB 939) and the City's SRRE, the solid waste generated by the project would be recycled and the materials that cannot be recycled hauled to either the Frank R. Bowerman landfill or the Olinda Alpha Landfill in Brea. Project compliance with CALGreen and the city's SRRE would reduce and conserve energy consumption regarding solid waste recycling during both project construction and the life of the project. Anticipated Energy Consumption The daily operation of the project would generate a demand for electricity, natural gas, and water supply, as well as generating wastewater requiring conveyance, treatment and disposal off -site, and solid waste requiring off -site disposal. Southern California Edison is the electrical purveyor in the City of Santa Ana and would provide electricity to the project. The Southern California Gas Company is the natural gas purveyor in the City of Santa Ana would provide natural gas to the project. Energy Conservation: Regulatory Compliance The California Energy Commission (CEC) fi and Nonresidential Buildings (CCR, Title 2 reduce energy consumption in the state. P; as CALGreen. The purpose of CALGreen enhancing the design and construction of positive environmental impact and encoui categories: (1) Planning and design; (2) Er Material conservation and resource efficient CALGreen is mandatory for the constructic mandatory measures for new residential include energy efficiency, water conservati( environmental quality.10 CALGreen was r 'st adopted the Energy Efficiency Standards for Residential t, Part 6) in 1978 in response to a legislative mandate to in 11 of the Title 24 Building Standards Code is referred to is to "improve public health, safety and general welfare by buildings through the use of building concepts having a aging sustainable construction practices in the following ergy efficiency; (3) Water efficiency and conservation; (4) ;y; and (5) Environmental quality."9 As of January 1, 2011, 1 of all new buildings in the state. CALGreen establishes nd non-residential buildings. Such mandatory measures n, material conservation, planning and design and overall Lost recently updated in 2016 to Include new mandatory measures for residential as well as nonresidential uses; the new measures took effect on January 1, 2017.11 The project would be required by the City to comply with the applicable provisions of Title 24 and CALGreen. With respect to solid waste, the project is required to comply with applicable regulations, including those pertaining to waste reduction and recycling. Waste haulers serving the project would divert project -generated municipal waste in accordance with applicable city ordinances. 9 California Building Standards Commission, 2016 California Green Building Standards Code, (2016). 10 Ibid. 11 Ibid. Legacy Sunflower Apartments Page 49 Mitigated Negative Declaration — March 14, 2019 751-135 Energy Conservation: Project Design Features The project would be designed to include green building, energy saving, and water saving measures and other sustainability features. Consistent with the CALGreen, the project would be required to meet and comply with the residential mandatory measures that include water efficiency and conservation, material conservation and resource efficiency, environmental quality, etc. As such, the project would be designed to reduce wasteful, inefficient, and unnecessary consumption of energy. Estimated Energy Consumption The long-term operation of the project would result In transportation energy use primarily for residents that commute to and from their place of employment. Transportation fuels, primarily gasoline, would be provided by local or regional suppliers and vendors. As discussed previously, in 2016, California consumed a total of 348,830 thousand barrels of gasoline for transportation, which is part of the total annual consumption nationwide of 3,410,051 thousand barrels by the transportation sector.12 Project - related vehicles would require a fraction of a percent of the total state's transportation fuel consumption. A 2008 study by Caltrans determined that the statewide average fuel economy for all vehicle types (automobiles, trucks, and motorcycles) in 2020 would be 18.78 miles per gallon." Alternative -Fueled Vehicles Alternative -fueled, electric, and hybrid vehicles could be used by some project residents. The use of these types of alternative fueled vehicles would reduce the overall consumption of gasoline by the project. The effect is anticipated to be minimal in today's current vehicle market due to the relatively few number of alternative vehicles that are in use. According to the Los Angeles Times, alternative - fueled vehicles make up approximately 2.3% of all vehicles registered in California.14 The above transportation fuel estimates for the project do not account for alternative -fueled, electric, and hybrid vehicles, which are more energy efficient vehicles. Thus, the assessment is a conservative estimate of transportation fuel consumption. The project would not have any wasteful, inefficient or unnecessary consumption of energy resources during either project construction of the life of the project because the project would be required to comply with all applicable state energy conservation measures. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No Impact. The project would be required by the city to comply with all applicable CALGreen energy conservation measures, including California Code of Regulations, Title 24, Part 6, California Energy Code. The project would not conflict with or obstruct state or local renewable energy or energy efficiency requirements. VII. GEOLOGY AND SOILS: Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other 12 U.S. Energy Information Administration, Table F3: Motor Gasoline Consumption, Price, and Expenditure Estimates, 2016, https://www.ela.gov/state/seds/sep-Suel/html/pdf/fuel-mg.pdf. 11 California Department of Transportation, 2008 California Motor Vehicle Stock, Travel and Fuel Forecast (June 2009). 14 Los Angeles Times, Electric, hybrid car sales up, California auto emissions down, May 22, 2014, http://www.latimes.com/business/autos/la-fi-hy-electric-vehicle-sales-up-auto-emissions-down-20140521- story.html. Accessed August 2014. Legacy Sunflower Apartments Page 50 Mitigated Negative Declaration - March 14, 2019 751-136 substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) Less Than Significant Impact. A geotechnical report was prepared for the project.15 A copy of the geotechnical report is attached in Appendix B. The site, like the majority of southern California, is located in a seismically active area. The San Joaquin Hills fault zone is located approximately 2 miles to the west and the closest known fault to the site. Ground shaking may occur along other active faults in the region. The closest known surface expression of active faulting to the site is the Newport -Inglewood fault that is located approximately six miles southwest of the site. The likelihood of surface fault rupture at the site during the life of the project is low.16 The project is not located in a State of California Earthquake Fault Zone.17 While there are faults in the region that could generate moderate to significant ground shaking at the site, the incorporation of the recommendations in the geotechnical report regarding design and the construction of the apartment building, parking structure and other site improvements would reduce potential fault impacts to less than significant. ii. Strong seismic ground shaking? Less Than Significant Impact. Because the project site is located in southern California and a seismically active area, there is the potential for ground motion at the site. The geotechnical report that was prepared for the project identifies measures to protect the project from strong seismic ground shaking. As with all projects in Santa Ana, the design and construction of all proposed site improvement must comply with the current California Building Code (CBC). Project compliance with the CBC and the incorporation of all measures recommended in the geotechnical report to reduce seismic hazards as deemed applicable by the City Engineer would reduce potential strong ground shaking impacts to the project to less than significant. iii. Seismic -related ground failure, including liquefaction? Less Than Significant Impact. The project site is located in a state designated Zone of Required Investigation for Liquefaction.18 Based on the geotechnical report and the liquefaction analysis conducted for the site, the sandy soil 25 feet below ground surface is susceptible to liquefaction during major earthquake layers below approximately 25 feet below ground surface. Therefore, the project would be impacted by liquefaction. The geotechnical report recommends measures for incorporation into the design and construction of the project to reduce liquefaction impacts. The City Engineer would, based on the recommendations in the geotechnical report recommend measures for incorporation into the design and construction of the project to reduce liquefaction impacts. The incorporation of recommended mitigation measures by the City Engineer to protect the project from liquefaction would reduce potential liquefaction impacts to less than significant. Iv. Landslides? No Impact. The project site and the area adjacent to and immediately surrounding the site is basically flat. There are no hills or other topographic relief features either on or adjacent to the site that would impact the project due to a landslide. The project site is not located within an area that is designated by the State of California as a Zone of Required Investigation for Earthquake -Induced Landslides.19 The project would not be exposed to or impacted by a landslide. 15 Geolechnical Engineering Evaluation Report, Sunflower Apartments, 651 Sunflower Avenue, Santa Ana, California, Twining, April 30, 2018. 16 Ibid, page 3. 11 Ibid 18 Ibid, page 5. 19 Geotechnical Engineering Evaluation Report, Sunflower Apartments, 651 Sunflower Avenue, Santa Ana, California, Twining, April 30, 2018, page 6. Legacy Sunflower Apartments Page 51 Mitigated Negative Declaration —March 14, 2019 751-137 b) Result in substantial soil erosion or loss of topsoil? Less Than Significant Impact. The City would require the grading and construction contractor to install and maintain all applicable City required short-term construction soil erosion control measures to reduce and minimize soil erosion impacts throughout project grading and construction. The contractor would be required to submit a Storm Water Pollution Prevention Plan (SWPPP) to identify all Best Management Practices (BMPs) that would be incorporated into the project prior to the start of grading and maintained to completion of all construction activities to reduce and minimize soil erosion. The City has standard soil erosion protection measures that the contractor would be required to install and maintain throughout grading and construction to minimize off -site soil erosion. The requirement by the City for the contractor to install all applicable mandated soil erosion control measures into the project prior to the start of construction and throughout project construction would minimize and reduce potential soil erosion impacts to less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact. There are no known unstable geologic or soil conditions either on or adjacent to the site that would impact the project, other than liquefaction that is discussed in section "Vl.a.iii)" above. The incorporation of recommended measures in the soils report by the City Engineer to protect the project from liquefaction would reduce potential liquefaction impacts to less than significant. The project would not be impacted by unstable soil conditions. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less Than Significant Impact. Based on the geotechnical report that was prepared for the site the near surface on -site soils consist of moderately to highly expansive clay that has the potential for damage to site improvements due to heaving of the underlying SollS.20 The geotechnical report recommends measures for incorporation into the design and construction of the project to reduce potential expansive soil impacts. The City Engineer would, based on the geotechnical report, recommend measures for incorporation into the design and construction of the project to reduce expansive soil impacts. The incorporation of mitigation measures recommended by the City Engineer to protect the project from expansive soil impacts on would reduce impacts to less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? No Impact. The project site is served by an existing underground public sewer system. The City would require the project to ccinnect to and be served by the existing Santa Ana public sewer system that presently serves the site and not allow the project to use septic tanks for on -site wastewater disposal. The project would not have any septic tank or alternative wastewater disposal impacts. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact. The Santa Ana General Plan does not identify the presence of any paleontological resources in the city. The project site was disturbed in the past during construction of the existing church, church parking lot and other site improvements. Because the site has been disturbed and paleontological resources are not known to exist in Santa Ana, it is unlikely that paleontological resources would be uncovered during project construction. Potential paleontological impacts by the project would be less than significant. 20 Geolechnical Engineering Evaluation Report, Sunflower Apartments, 651 Sunflower Avenue, Santa Ana, California, Twining, April 30, 2018, paqe 7. Legacy Sunflower Apartments Page 52 Mitigated Negative Declaration —March 14, 2019 751-138 Vill. GREENHOUSE GAS EMISSIONS: Would the project a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. "Greenhouse gases" (so called because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as "global warming." Greenhouse gases contribute to an increase in the temperature of the earth's atmosphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation in some parts of the infrared spectrum. The principal greenhouse gases (GHGs) are carbon dioxide, methane, nitrous oxide, ozone, and water vapor. For purposes of planning and regulation, section 15364.5 of the California Code of Regulations defines GHGs to include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. Transportation is responsible for 41 percent of the State's greenhouse gas emissions, followed by electricity generation. Emissions of CO2 and nitrous oxide (NOx) are byproducts of fossil fuel combustion. Methane, a potent greenhouse gas, results from off -gassing associated with agricultural practices and landfills. Sinks of CO2, where CO2 is stored outside of the atmosphere, include uptake by vegetation and dissolution into the ocean. City of Santa Ana The City of City of Santa Ana adopted the Santa Ana Climate Action Plan (CAP) in December 2015. The CAP demonstrates the City's commitment to improving quality of life by reducing carbon pollution and energy use. As stated in the CAP, the City adopted emissions reduction goals of 15 percent below the baseline year 2008 by 2020 and 30 percent below the baseline year 2008 by 2035 for community - wide emissions. The CAP includes measures to reduce energy consumption, vehicle miles, water use or waste; or to substitute renewable energy for fossil fuels. Thresholds of Significance Neither the City of Santa Ana, the SCAQMD, nor the State CEQA Guidelines Amendments has adopted quantitative thresholds of significance for addressing a project's GHG emissions. To determine whether the GHG emissions of the project are significant, this analysis uses the SCAQMD draft screening threshold of 3,000 MTCO2e per year for all land uses. The project would be subject to the requirements of the California Green Building Code and 2016 Title 24 Building Energy Efficiency Standards to reduce project -related greenhouse gas emissions. Methodology The CaIEEMod Version 2016.3.2 software model was used to calculate the GHG emissions from all phases of the project for the year 2022, which is the scheduled date of project completion. The project's emissions were compared to the tier 3 SCAQMD draft screening threshold of 3,000 metric tons CO2e per year for all land uses. Area Sources Area sources include emissions from consumer products, landscape equipment and architectural coatings. Legacy Sunflower Apartments Page 53 Mitigated Negative Declaration —March 14, 2019 751-139 Energy Usage Energy usage includes emissions from the generation of electricity and natural gas used on -site. Mobile Sources Mobile sources include the emissions from the vehicle miles generated by the project. The vehicle trips of the project were analyzed based on project trip generation in the traffic report. Solid Waste Waste includes the GHG emissions generated from the processing of solid waste from the project as well as the GHG emissions from the solid waste once it is hauled to a landfill. AB 341 requires that 75 percent of solid waste be diverted from landfills by 2020. Water Water includes the potable water that would be used by the residents and landscaping based on the GHG emissions associated with the energy used to filter and transport the water to the site. Construction The construction -related GHG emissions are based on a 30-year amortization rate as recommended by the SCAQMD GHG Working Group meeting on November 19, 2009. The construction -related GHG emissions were calculated by CaIEEMod and are shown in Table 5 above. Project Greenhouse Gas Emissions The GHG emissions have been calculated based on the parameters described above for opening year 2022. A summary of the project's unmitigated GHG emissions are shown in Table 9. As shown, the subtotal for the project's emissions are calculated to be 2,598.20 MTCO2e per year. According to the above threshold of significance, a cumulative global climate change impact would potentially occur if the GHG emissions created from the on -going operations exceed the threshold of 3,000 metric tons per year of CO2e. As shown in Table 9, the project would not exceed the tier 3 SCAQMD draft screening threshold of 3,000 metric tons CO2e per year, therefore the project would not have a significant impact to global climate change. The project is also subject to the requirements of the California Green Building Standards Code. On January 12, 2010, the State Building Standards Commission unanimously adopted updates to the California Green Building Standards Code, which went into effect on January 1, 2011. The Code is a comprehensive and uniform regulatory code for all residential, commercial and school buildings. The California Green Building Standards Code does not prevent a local jurisdiction from adopting a more stringent code as state law provides methods for local enhancements. The Code recognizes that many jurisdictions have developed existing construction and demolition ordinances, and defers to them as the ruling guidance provided they provide a minimum 65 percent diversion requirement. The code also provides exemptions for areas not served by construction and demolition recycling infrastructure. State building code provides the minimum standard that buildings need to meet to be certified for occupancy. Enforcement is generally through the local building official. Legacy Sunflower Apartments Page 54 Mitigated Negative Declaration — March 14, 2019 751-140 Table 9 Project -Related Greenhouse Gas Emissions' 1 Greenhouse Gas Emissions (Metric TonsNear) Category Bio-0O2 NonBio-CO2 CO2 CH4 N20 CO2e Area Sources2 0.00 52.66 52.66 0.00 0.00 53.05 u Energy Usage 0.00 761.65 761.65 0.03 0.01 764.70 ,Mobile Sources° 0.00 1,583.88 1,583.88 0.06 0.00 1,585.49 e Wastes 21.10 0.00 21.10 1.25 0.00 52.28 Water6 4.67 93.95 98.62 0.48 0.01 114.33 Construction? 0.00 28.26 28.26 0.00 0.00 28.35 (Total Emissions 25.77 2,520.40 2,546.18 1.83 0.02 2,598.20 tiSCAQMD Draft Threshold 3,000 xceeds Threshold? NO (1) Version 2016.3.2 for Opening Year 2022. (2) Area sources consist of GHG emissions from consumer products, architectural coatings, and landscape equipment. (3) Energy usage consist of GHG emissions from electricity and natural gas usage. (4) Mobile sources consist of GHG emissions from vehicles. (5) Solid waste Includes the CO2 and CH4 emissions created from the solid waste placed in landfills. (6) Water Includes GHG emissions from electricity used for transport of water and processing of wastewater. (7) Construction GHG emissions CO2e based on a 30 year amortization rate. The California Green Building Standards Code (code section in parentheses) requires: • Water Efficiency and Conservation [Indoor Water Use (4.303.1)]. • Water Efficiency and Conservation [Outdoor Water Use (4.304.1)]. • Construction Waste Reduction of at least 65 percent (4.408.1). • Materials pollution control (4.504.1-4.504.6). • Installer and Special Inspector Qualifications (702.1-702.2). The project is estimated to generate approximately 2,598.20 MTCO2e per year and below the SCAQMD draft local agency tier 3 threshold of 3,000 MTCO2e per year. The project complies with the reduction goals of the City's Climate Action Plan, AB-32 and SB-32. The project also complies with the applicable Green Building Standards and the City of Santa Ana's policies regarding sustainability (as dictated by the City's General Plan). Therefore, the project would not have any significant GHG impacts. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact. As stated previously, the City of Santa Ana adopted the Santa Ana Climate Action Plan (CAP) in December 2015 and in the CAP adopted emissions reduction goals of 15 percent below the baseline year 2008 by 2020 and 30 percent below the baseline year 2008 by 2035 for community -wide emissions. The City has identified emission measures in the CAP that can reduce GHG emissions from community -wide and municipal operations. While none of the measures are directly relevant to the project, the project does not conflict with any of the measures. Another approach to identifying potential conflict with GHG reduction plans, policies, or regulations is to examine General Plan provisions that prescribe or enable GHG emissions control. Legacy Sunflower Apartments Page 55 Mitigated Negative Declaration - March 14, 2019 751-141 The Santa Ana General Plan lists policies that reduce GHG emissions. However, the policies prescribe actions to be taken by the City, and not measures to be implemented by a project applicant. The California Governor issued Executive Order 5-3-05, GHG Emission, in June 2005, which established the following reduction targets: • 2010: Reduce greenhouse gas emissions to 2000 levels • 2020: Reduce greenhouse gas emissions to 1990 levels • 2050; Reduce greenhouse gas emissions to 80 percent below 1990 levels. In 2006, the California State Legislature adopted AB 32, the California Global Warming Solutions Act of 2006 that requires CARB to adopt rules and regulations that would achieve GHG emissions equivalent to statewide levels in 1990 by 2020 through an enforceable statewide emission cap, which were phased in starting in 2012. The project's estimated GHG emissions meet the threshold for compliance with Executive Order 5-3- 05. The project's emissions also comply with the goals of AB 32; which is also the goal of the Santa Ana Climate Action Plan. Because the project meets the current interim emissions targets/thresholds established by SCAQMD the project would also be meet the reduction target of 40 percent below 1990 levels by 2030 mandated by SB-32. Furthermore, the majority of the post 2020 reductions in GHG emissions are addressed via regulatory requirements at the State level and the project would be required to comply with the regulations as they come into effect. At a level of 2,598.20 MTCO2e per year, the project's GHG emissions are below the SCAQMD tier 3 draft screening threshold of 3,000 MTCO2e per year for all land use types and in compliance with applicable goals of the City's Climate Action Plan, AB-32 and SB-32. The project would comply with all applicable Green Building Standards and City of Santa Ana's policies regarding sustainability as required by the General Plan. Therefore, the project would not impact and conflict with any applicable plan, policy, or regulations to reduce GHG emissions. IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. A Phase I Environmental Site Assessment (ESA)21 was prepared for the project site. A copy of the Phase I ESA is attached in Appendix C. A building permit for the construction of the church was issued in 1972. There is the potential for asbestos containing materials (AGMs) and/or lead based paint to be present in the church as the commercial use of ACMs and lead based paint were banned by the federal government in 1978 and after the construction of the church. Asbestos and lead based paint surveys were not included in the Phase I ESA. It is likely that ACMs exist in the church since it was constructed prior to 1987 when ACMs were banned for use. If present, the demolition of the church could result in the release of asbestos and or lead based paint emissions. Asbestos abatement contractors must follow state regulations contained in California Code of Regulations Sections 1529, and 341.6 through 341.14 as implemented by SCAQMD Rule 1403 to ensure that asbestos removed during demolition of the existing church is transported and disposed of 21 Phase I Environmental Site Assessment, The Sound Church, 651 Sunflower Avenue, Santa Ana, Apex Companies, San Diego, CA, February 27, 2018. Legacy Sunflower Apartments Page 56 Mitigated Negative Declaration — March 14, 2019 751-142 at an appropriate facility. The contractor and hauler of the material are required to file a Hazardous Waste Manifest that details the hauling of the material from the site and the disposal of it. Section 19827.5 of the California Health and Safety Code requires that local agencies not issue a demolition permit until an applicant has demonstrated compliance with notification requirements under applicable federal regulations regarding hazardous air pollutants, including asbestos. Lead could also exist in the church since it was construction prior to 1978. Thus, lead -based materials may be present. The lead exposure guidelines provided by the U.S. Department of Housing and Urban Development provide regulations related to the handling and disposal of lead -based products. Federal regulations to manage and control exposure to lead -based paint are described in Code of Federal Regulations Title 29, Section 1926.62, and state regulations related to lead are provided in the California Code of Regulations Title 8 Section 1532.1, as Implemented by Cal -OSHA. These regulations cover the demolition, removal, cleanup, transportation, storage and disposal of lead - containing material. The regulations outline the permissible exposure limit, protective measures, monitoring and compliance to ensure the safety of construction workers exposed to lead -based materials. Cal/OSHA's Lead in Construction Standard requires project applicants to develop and implement a lead compliance plan when lead -based paint would be disturbed during construction or demolition activities. The plan must describe activities that could emit lead, methods for complying with the standard, safe work practices, and a plan to protect workers from exposure to lead during construction activities. In addition, Cal/OSHA requires 24-hour notification if more than 100 square feet of lead -based paint would be disturbed. The City requires that prior to the issuance of a demolition permits for the demolition and removal of any pre-1979 structures within Santa Ana, the applicant must submit documentation to the City Building Department that asbestos and lead -based paint issues are not applicable to the property, or that appropriate actions would be taken to correct any asbestos or lead -based paint issues prior to the development of the site in conformance with the regulations of the SCAQMD and the State of California, Division of Occupational Health and Safety. The compliance by the project developer with all applicable laws and regulations to safely and properly remove any lead -based paint and/or asbestos from the church prior to its demolition would ensure that ACM and lead based paint impacts would be less than significant. As stated in the Phase I ESA, there are issues of concern associated with historical agricultural operations on the site.22 If present, agricultural chemicals, such as Organochlorinated pesticides and/or herbicides, could impact construction workers during demolition and construction activities. Because soil contamination tests have not been performed there is a potential for agricultural chemical impacts to occur, if present. The following measure shall be implemented to reduce pesticide and/or herbicide impacts to less than significant. Mitigation Measure No. 1 Prior to the issuance of a demolition permit of any existing on -site improvements the developer shall submit proof to the City's satisfaction that one of the following two options to reduce pesticide and/or herbicide levels to meet accepted Environmental Protection Agency (EPA) and County of Orange Health Care Agency (COHCA) requirements have been completed. • The on -site soils shall be tested for the presence of pesticides and/or herbicides. 22 Phase I Environmental Site Assessment, The Sound Church, 651 Sunflower Avenue, Santa Ana, Apex Companies, San Diego, CA, February 27, 2018, page 17. Legacy Sunflower Apartments Page 57 Mitigated Negative Declaration —March 14, 2019 751-143 • Remove and dispose of the soil from the site where pesticides and/or herbicides are detected above regulated levels. Through a corrective grading process, which consists of digging out soil containing pesticides and/or herbicides along with a large quantity of underlying soil that does not contain pesticide concentrations, followed by further testing to confirm whether the resulting concentrations of pesticides in soil require further management as either a California hazardous waste or concern based on levels above the EPA Regional Screening Levels (RSLs). Compliance by the project contractor with all existing applicable state and county laws and regulations for the survey and proper removal and disposal of any on -site hazardous materials and implementation of the recommended mitigation measure would reduce potential hazardous material impacts to the public or the environment through the routine transport, use or disposal of hazardous materials to less than significant. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact. There are no uses or activities associated with the project that would create or release hazardous materials into the environment. The project would not have any hazard impacts to the public or environment involving the release of a hazardous material. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? No Impact. Taft Elementary school is located adjacent to and north of the site and the closest school to the project. There are no schools proposed for development within one -quarter mile of the project. The hazardous materials that would be used during project construction (fuel, lubricants, paint) and the janitorial/maintenance cleaning materials that would be used to clean and maintain the apartments, swimming pool, fitness center, leasing area, etc. would not impact Taft Elementary school. Any hazardous materials that would be used and stored on -site during project construction are required by law to be stored and locked in a safe area. The project contractor is responsible for the safe use and storage of all hazardous materials during project construction. The continued use and storage of janitorial and building maintenance materials that are current used on -site would continue to be used and stored in a safe manner. Similarly, the use and storage of janitorial and building maintenance materials for the proposed mixed -use building would also be stored and used in compliance with all applicable state and local laws for these types of cleaning materials. Project compliance with all applicable state and local laws and regulations for janitorial/maintenance cleaning materials would not have any hazardous emission impacts. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, will create a significant hazard to the public or environment? No Impact. Based on the Phase I ESA, the project site is not listed as a hazardous material site on the "Cortese" list pursuant to Government Code Section 65962.5. The project would not have a hazardous impact to the public or environment with the development of the site per Government Code Section 65962.5. Legacy Sunflower Apartments Page 58 Mitigated Negative Declaration — March 14, 2019 751-144 e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, will the project result in a safety hazard or excessive noise for people working or residing in the project areal No Impact. The closest airport to the site is John Wayne Airport (JWA), which is approximately one mile southeast of the project. JWA has an adopted airport land use compatibility plan that is called the Airport Environs Land Use Plan (AELUP). The AELUP is a land use plan for the orderly growth for JWA and the surrounding area. The AELUP includes noise impact zones, clear zones and height restriction zones associated with JWA. The project is not located within an Airport Impact Zone, Noise Impact Zone, Clear Zone, or Height Restriction Zone of John Wayne Airport. However, there is a height restriction overlay zone of 200 feet above the ground of all property throughout Orange County for airport safety. Thus, even for projects that lie outside of the Clear or Accident Potential Zones and 60 dB CNEL contours for JWA the height restriction is applicable. The maximum height of the tallest building on the site is 75' in height and the parapet and elevator tower increase the total building height to 47' — 53' and less than the 200' height criteria for JWA. The project is not located within the boundary of the John Wayne Airport land use plan and would not exceed the 200' height limit of buildings within the airport planning area. The project would not have any safety impacts to or impacted by the operations at John Wayne Airport. Because the airport is more than a mile southeast of the site the project residents would not be significantly impacted by any noise associated with the on -going operations of the airport. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. All of the proposed improvements are located on private property. Although Sunflower Avenue and Flower Street, which are adjacent to and south and west of the project, respectively are used as emergency evacuation routes for the area they are not adopted emergency routes. The project would not interfere with or impact the ability of these two roadways to continue to serve as emergency routes for the project area. The project would not impact any emergency evacuation routes. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact. Based on the analysis in section "XIX.a)" in this MND, the City of Santa Ana is not located within a Very High Fire Hazard Severity Zone or a Moderate, High or Very High fire hazard zone. See section "XIX.a)" for a detailed discussion and analysis. Because the project is not within any designated wildland fire areas the project would not be exposed to or impacted by a wildland fire. X. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less Than Significant Impact. A Preliminary Water Quality Management Plan (WQMP)23 and a Preliminary Hydrology Study24 were prepared for the project. Both reports are included in Appendix D. Silt could be generated from the site during site demolition, project grading and the construction of the project, especially if construction occurs during the winter months when rainfall typically occurs. The City would require the project developer to prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with California State Water Resources Control Board (State Water Board), Construction General Permit Order 2009-0009-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS618030 (Permit). The SWPPP would require the contractor to implement Best 23 City of Santa Ana/Santa Ana Region Priority Sunflower Avenue, Santa Ana, California, C&V 24 Drnliminon, LJvArnlnnv Cl nrly A91 CnnFlmn,or Legacy Sunflower Apartments Mitigated Negative Declaration —March 14, 2019 Preliminary Water Quality Management Plan (WQMP), Legacy Sunflower, 651 iq, November 2018. C&V Consultina. November Page 59 751-145 Available Technology Economically Achievable measures to reduce and eliminate storm water pollution from all construction activity through the implementation of Best Management Practices (BMPs). The purpose of the SWPPP is to identify pollutant sources that may affect the quality of the storm water that would be discharged from the site during all construction activity. The SWPPP would require the contractor to identify, construct, and implement the storm water pollution prevention measures and BMPs that are necessary to reduce pollutants that are present in the storm water that is discharged from the site during construction. The SWPPP would include specific BMPs that must be installed and implemented prior to the start of construction. The installation and maintenance of all required BMPs by the contractor during construction would reduce potential water quality impacts to less than significant. The project developer would be required by the City to have a WQMP approved prior to the start of grading. As noted above, the project applicant has prepared a preliminary WQMP (Appendix D) that identifies the Best Management Practices (BMPs) that would be used on -site to control anticipated pollutants during the life of the project from entering the storm water runoff from the site. The types of pollutants that are anticipated to be generated during the life of the project include suspended solids, sediment, nutrients, heavy metals, pathogens, pesticides, toxic organic compounds, oil and grease and trash and debris. The State required WQMP identifies the measures that would be included in the project including the use of a retention/detention basin, storm water clarifier, and catch basins with BMPs. The WQMP proposes to install a Modular Wetlands Biofiltration System near the southwest corner of the project site. The Modular Wetlands structure would pre -treat all of the surface water runoff of the project, including all parking runoff, on -site streets, building roofs, etc. The Modular Wetlands structure would treat the 851h percentile 24-hr storm event runoff. Once treated, the runoff would be directed by a proposed on -site storm drain collection system to an existing off -site storm drain catch basin in Sunflower Avenue and to the County of Orange Santa Ana — Delhi Channel that extends along the west project boundary and eventually drains Into the ocean. The City must review and approve the WQMP for compliance with State law prior to the issuance of a building permit. The installation of and the regular maintenance of a required SWPPP and WQMP would reduce storm water runoff pollutants generated from the project site during both project construction and the life of the project to less than significant. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less Than Significant Impact. The project would require the use of water for dust suppression during project demolition, grading and construction in compliance with SCAQMD Rule 403 Fugitive Dust. The amount of water that would be required to control dust during grading and construction would be minimal and not significantly impact existing groundwater supplies. Once completed, the project would require potable water to serve the project residents, landscape irrigation and provide fire flow. The project site currently has open space available for water percolation. Currently approximately 34% (1.21 acres) of the site is pervious and allows water percolation and the remaining 66% (2.38 acres) of the site is impervious due to the existing church, surface parking lot and other hardscape improvements. Once constructed, the project would be approximately 74% impervious and 26% pervious for continued water percolation. Legacy Sunflower Apartments Page 60 Mitigated Negative Declaration — March 14, 2019 751-146 The project proposes approximately 0.92 acres (40,075 square feet) of pervious area throughout the site to allow surface water to percolate into the local soil. The project would result in an 8% (12,632 square feet) reduction of pervious area on the site for water percolation and absorption compared to the existing condition. The City has stated it has an adequate water supply to meet the water needs of the project and the reduction in pervious open space for local water percolation would not significantly deplete and impact groundwater supplies. The project would have a less than significant impact on groundwater supplies. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner, which would. Result in substantial erosion or siltation on- or off -site? Less Than Significant Impact. As discussed in section "X.a)" above, silt could be generated from the site during site demolition, grading and construction of the project, especially if construction occurs during the winter months when rainfall typically occurs. The City would require the project developer to prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with California State Water Resources Control Board (State Water Board), Construction General Permit Order 2009-0009-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS618030 (Permit). The SWPPP would require the contractor to implement Best Available Technology Economically Achievable measures to reduce and eliminate storm water pollution from all construction activity through the implementation of Best Management Practices (BMPs). Implementation of the required SWPPP prior to and throughout project construction would reduce and minimize potential siltation impacts. As also discussed in section "X.a)" above, the project developer would be required by the City to have a Water Quality Management Plan (WQMP) approved prior to the start of grading. The WQMP would identify the BMPs that would be used on -site to control anticipated pollutants during the life of the project from entering the storm water runoff from the site. The types of pollutants that are anticipated to be generated during the life of the project include suspended solids, sediment, nutrients, heavy metals, pathogens, pesticides, toxic organic compounds, oil and grease and trash and debris. The State required WQMP Identifies the measures that would be included in the project including the use of a retention/detention basin, storm water clarifier, and catch basins with BMPs. The implementation by the developer of the required SWPPP and WQMP would reduce potential erosion or siltation impacts to less than significant. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on -or off -site? Less Than Significant Impact. As discussed in section "IX.c)" above, the project would not alter the existing drainage patterns on the site. The existing drainage patterns on the site would be maintained and project flows would continue to be south to Sunflower Avenue. Maintaining the existing on -site drainage pattern along with the proposed biofiltration systems would prevent flooding impacts on or off the site. III Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. Based on hydrologic calculations in the hydrology report, project generated storm water runoff from the site would increase for the 2-year, 25-year and 100-year storm events. Table 10 shows the increase in surface water runoff from the project compared to the existing condition. As shown, the project would increase the amount of surface water generated Legacy Sunflower Apartments Page 61 Mitigated Negative Declaration - March 14, 2019 751-147 from the site due to the increase of impervious surface area on the site. Although the project would increase the quantity or surface water runoff that would be generated, the project proposes to retain the increased volume of runoff on -site and incrementally release the runoff over time to equal the existing condition. Therefore, project generated runoff would not exceed or Impact the capacity of the existing downstream storm water drainage system in Sunflower Avenue and the Santa Ana - Delhi storm channel. Table 10 Peak Flow Comparison Summary Storm Event Existing Condition (cfs) Proposed Condition (cfs) Difference (cfs) 2-year 2.5 2.75 0.25 25- ear 6.02 6.59 0.57 100- ear 7.79 8.59 0.80 The project would be required to treat surface water runoff prior to its discharge to meet Regional Water Quality Control Board water quality requirements and provide safeguards that surface water runoff would not provide sources of polluted runoff. As discussed in section "IX.a)" above, a preliminary WQMP has been prepared and states that a proposed Modular Wetlands Biofiltration System would be installed to remove and prevent most project generated pollutants from the storm water prior to being discharge from the site into the local storm drain system in Sunflower Avenue adjacent to and south of the site. The installation and maintenance of the BMPs in compliance with the preliminary WQMP would reduce and filter most project runoff pollutants. The project would not impact surface water quality. iv Impede or redirect flood flows? Less Than Significant. The project is not located within a designated flood hazard zone. The project does not propose and would not alter the existing drainage patterns on the site or any other flows that would impede or redirect any flood flows. The existing drainage patterns on the site would be maintained and project generated stormwater flows would continue south to Sunflower Avenue. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No impact. There are no bodies of water adjacent to or in close proximity to the site that could impact the project due to a seiche. The site is approximately 6.5 miles northeast of the Pacific Ocean and approximately 35' above mean sea level. The Santa Ana General Plan does not identify any portion of the city at risk due to a tsunami. There are no hillsides or other geotechnical conditions either on or adjacent to the project that would inundate the site due to a mudflow. The project would not be impacted by a seiche, tsunami, or mudflow. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Less Than Significant Impact. The project developer has prepared a Preliminary WQMP25 and the project developer would be required by the city to install and implement all proposed water quality collection and surface water runoff treatment measures listed in the WQMP. As a result, the project would not conflict with or obstruct water quality control measures mandated by the state. 25 City of Santa Ana/Santa Ana Region Priority Project, Preliminary Water Quality Management Plan (WQMP), Legacy Sunflower, 651 Sunflower Avenue, Santa Ana, California, C&V Consulting, November 2018. Legacy Sunflower Apartments Page 62 Mitigated Negative Declaration — March 14, 2019 751-148 The City of Santa Ana has an adopted Urban Water Management Plan (UWMP)26. The UWMP provides a detailed summary of present and future water resources and demands and provides an assessment of the City of Santa Ana's water resource needs. The UWMP provides water supply planning for a 25-year planning period in five-year Increments and identifies water supplies needs to meet existing and future demands. The City gets approximately 71 percent of its annual water demand from local groundwater.27 The City supplements its water supply with Imported water from the Metropolitan Water District (MWD) and recycled water.28 The UWMP analyzed the future water demand for the city based on land use type, including single- family, multi -family, commercial, institutional, industrial, etc. The UWMP also analyzed its future water supply based on the reliability of its existing sources of water Including groundwater, MWD, recycling, etc. Based on the UWMP the available supply of water would meet the projected demand due to diversified supply and conservation measures. The project would continue to allow rainfall to percolate into the on -site soils and recharge the local groundwater. Therefore, the project would not significantly impact the UWMP and the City's future sources of water supply. XI. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? No Impact. The 3.59-acre project is an infill site surrounded by residential use and an elementary school. The project would not divide the established communities adjacent to the site. The project would not impact an established community. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact. The project site is designated Low Density Residential (LR-7) land use by the Santa Ana General Plan and zoned Single -Family Residence (R1). Because the 226 residential units proposed for the site are not consistent with the Low Density Residential land use and R1 zoning, the project requires a General Plan Amendment to Urban Neighborhood and a zone change to Specific Development (SD) to allow the development of the project as proposed. The Santa Ana General Plan identifies the intent of the Urban Neighborhood land use29 as follows: "The Urban Neighborhood (UN) land use designation applies to primarily residential areas with pedestrian oriented commercial uses, schools and small parks. The Urban Neighborhood allows for a mix of residential uses and housing types, such as mid to low rise multiple family, townhouses and single-family dwellings; with some opportunities for live -work, neighborhood serving retail and service, public spaces and use, and other amenities. Either vertical or horizontal integration of uses Is permitted based on zoning standards, with an emphasis on tying together the uses with pedestrian linkages and street frontages. Street connectivity is desirable, allowing for a high degree of walkability, transit options, and other forms of transportation including pedestrian and bicycle travel. The intensity standard for the Urban Neighborhood ranges from a floor area ratio (FAR) of 0.5 to 1.5; with residential density based on a combination of floor area ratio and zoning development standards." 2e Santa Ana 2015 Urban Water Management Plan, June 2016. 27 Santa Ana 2015 Urban Water Management Plan, June 2016, page 3-8. 28 ]bid, page 3-1. 29 City of Santa Ana General Plan, Land Use Element, page A-23. Legacy Sunflower Apartments Page 63 Mitigated Negative Declaration — March 14, 2019 751-149 Based on the allowed FAR of 0.5 to 1.5, the 3.59-acre site allows residential development totaling a minimum of 78,190 square feet to a maximum of 234,571 square feet. The project proposes a total of 185,356 square feet of residential use, which results in a FAR of 1.19 and within the allowable FAR. The project proposes 226 units on 3.59-acres with a density of 63 units/acre. Other approved projects in Santa Ana within the Urban Neighborhood land use designation range from a density of 20.57 units/acre for the Santa Ana Collection project to 60.6 units/acre for the Bridging the Aqua project. Therefore, the proposed project is similar to and not out of character with other projects that have been approved by the city in the Urban Neighborhood land use designation. The project meets the general intent of the UN land use designation by providing multi -family units along with open space and other amenities within the project site. The project is located adjacent to Sunflower Avenue that has mass transit and four bus stops within 500 feet of the site to allow project residents access to mass transit. Sidewalks adjacent to the site allow other alternative forms of transportation for the residents including pedestrian and bicycle access to commercial areas in the Immediate vicinity. In addition to the UN land use, the goals and policies of the Santa Ana General Plan Land Use Element that are applicable to the project are listed below. Promote a balance of land uses to address basic community needs. Policy 1.5 Maintain and foster a variety of residential land uses in the City. Goal 2 Promote land uses which enhance the City's economic and fiscal viability. Policy 2.10 Support new development, which is harmonious in scale and character with existing development in the area. Goal 5 Ensure that the impacts of development are mitigated. Policy 5.5 Encourage development, which is compatible with, and supportive of surrounding land uses. Policy 5.11 Encourage development, which does not generate obnoxious fumes, toxins, or hazardous materials. Policy 5.12 Provide appropriate permanent measures to reduce storm water pollutant loads in storm water from a development site. The project is consistent with the listed goals and policies that encourage the development of residential projects in Santa Ana that meet the needs of the community, provides a medium density residential project for residents that want multi -family units, compatible with the surrounding land uses, does not generate obnoxious fumes, toxins, or hazardous materials and includes measures as part of the project to reduce storm water pollutant loads in storm water from the project. Legacy Sunflower Apartments Page 64 Mitigated Negative Declaration —March 14, 2019 751-150 Based on the Santa Ana Municipal Code, the purpose and intent of the Specific Development30 zone is: "The Specific Development District and suffix is authorized and established for the purpose of protecting and promoting the public health, safety and general welfare of the city and its residents by: (1) Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties. (2) Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate use and value thereof be determined and protected. (3) Providing a method whereby specific development plans are to be based on the general plan as well as other regulations, programs, and legislation as may in the judgment of the city be required for the systematic execution of the general plan. (4) Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved. (5) Insuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces." The project, including the number of residential units building setbacks, amount of open space, building height and other project design features would be established by the SD Zone. The project design and development standards meet the purpose of the SD zone by providing a project that is consistent with the urban design in the area and throughout Santa Ana. The project meets the aesthetic development standards of the City and other City design requirements and would be compatible with adjacent surrounding land uses. The project is consistent with and meets several of the goals and policies of the General Plan for new residential development in the UN land use and SD zone. The project would not have any significant land use impacts with the approval of the requested UN land use and Specific Development zone. XII. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The Santa Ana General Plan does not identify any locally important minerals either on or adjacent to the site. There are no mining activities either on the site or on any of the properties adjacent to and surrounding the site. The project would not result in the loss of a locally important mineral resource or impact mineral resources. 30 Santa Ana Municipal Code Sec 41-593 1 - Purpose and Intent Legacy Sunflower Apartments Page 65 Mitigated Negative Declaration — March 14, 2019 751-151 b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. See Response to section "Xll.a)" above. XIII. NOISE: Would the project result in: a) Generation of substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Potentially Significant Unless Mitigation Incorporated. A Noise report31 was prepared for the project. A copy of the noise report is attached in Appendix E. Temporary Noise The existing noise levels on the site and the noise levels in the immediate vicinity of the site would increase temporarily during project construction. Short-term construction noise would be generated during demolition of the existing church, church parking lot and other site improvements to grade the site, excavate for the one level of subterranean parking, construct the residential building and construct the other proposed site improvements. Noise would be generated by construction workers commuting to the site, the delivery of materials and supplies to the site, the operation of on -site electrical construction equipment, etc. Construction noise represents a short-term impact on the ambient noise levels both on the site and the adjacent surrounding communities. Noise generated by the equipment that would be used for demolition and construction equipment, including trucks, graders, bulldozers, concrete mixers and portable generators can reach high levels. The existing noise -sensitive uses in the immediate project vicinity would be exposed to increased noise levels from the on -site construction activities. In typical construction projects, including the proposed project, the loudest noise generally occurs during demolition and grading activities because they involve the largest pieces of construction equipment. The maximum noise levels that are generated by the construction equipment that would be used during project construction are shown in Table 11. The construction equipment noise levels shown in Table 12 are maximum sound levels (Lmax), which are the highest individual sound occurring at an individual time period. Operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Other primary sources of acoustical disturbance would be due to random incidents, which would last less than one minute (such as dropping large pieces of equipment or the hydraulic movement of machinery lifts). Table 11 Typical Construction Equipment Noise Levels Type of Equipment Sound Levels Measured (dBA at 50 feet) Suggested Maximum Sound Levels for Analysis (dBA at 50 feet) Rock Drills 83-99 96 Jack Hammers 75-85 82 Pneumatic Tools 78-88 85 Pumps 74-84 80 Legacy Sunflower Project, Noise Impact Analysis, Gandinni, January 23, 2019. Legacy Sunflower Apartments Page 66 Mitigated Negative Declaration — March 14, 2019 751-152 Dozers 77-90 85 Scrapers 83-91 87 Haul Trucks 83-94 88 Cranes 79-86 82 Portable Generators 71-87 80 Rollers 75-82 80 Tractors 77-82 80 Front -End Loaders 77-90 86 Hydraulic Backhoe 81-90 86 Hydraulic Excavators 81-90 86 Graders 79-89 86 Air Compressors 76-89 86 Trucks 81-87 86 The existing school adjacent to and north of the site as well as the multi -family developments east, south (The Enclave), southwest (Avenue of the Arts) and west of the project may be temporarily affected by short-term noise impacts associated with project construction activities Including workers commuting to the site, delivery of construction materials, demolition, ground clearing, excavation, grading, and building activities. However, construction noise would be acoustically dispersed throughout the project site and not concentrated in one area near surrounding sensitive uses. The City's Noise Ordinance does not establish quantitative construction noise standards. Rather, the Noise Ordinance establishes allowable hours of construction. Section 18-314 of the Santa Ana Municipal Code exempts noise associated with construction, repair, remodeling, or grading of any real property from the noise limitations of the Municipal Code, provided that construction activities do not take place between the hours of 8:00 PM and 7:00 AM on weekdays, including Saturday, or any time on Sunday or federal holidays. All project construction activities would be required to comply with the Santa Ana Municipal Code Section 18-314. A likely worst -case construction noise scenario was calculated using the Federal Highway Administration's Roadway Construction Noise Model (RCNM). The construction equipment used was based on the project's Air Quality and Greenhouse Gas Impact Analysis default construction equipment list that is identified in the CalEEMod modeling (Ganddini Group, Inc., 2019). Demolition The noise modeling for the demolition activities included the use of two (2) dozers, three (3) excavators, and a concrete saw all operating between 15 and 200 feet from the northern property line. The existing concrete wall along the project's eastern boundary and the wall along the northern property line of the multi -family development (The Enclave) south of Sunflower Avenue would provide 5 dB of noise reduction, which was accounted for in the noise modeling. The noise levels at the adjacent surrounding noise sensitive land uses during project demolition are shown in Table 12. Legacy Sunflower Apartments Page 67 Mitigated Negative Declaration — March 14, 2019 751-153 Table 12 Demolition Noise Levels Location Leg Lmax Playfields at school adjacent to the northern property line 88.8 92.1 Residential adjacent to the eastern property line 72.2 74.2 Residential property line 140 feet to the south 66 69 Residential property line 145 feet to the west 72.6 75.6 Residential property line 225 feet to the southwest 67.9 71 Grading The noise modeling for the on -site grading activities includes the use of a grader, a tractor, an excavator, a front-end loader, a dozer and a backhoe with all pieces of equipment operating between 25 and 350 feet from the project property line. The existing concrete wall along the project's eastern boundary and the wall along the northern property line of the multi -family development (The Enclave) south of Sunflower Avenue would provide 5 dB of noise reduction, which was accounted for in the modeling. The noise levels at the adjacent surrounding noise sensitive land uses during project grading are shown in Table 13. Table 13 Project Grading Noise Levels Location Leg Lmax Playfields at school adjacent to the northern property line 87.3 91 Residential adjacent to the eastern property line 82.3 86 Residential property line 140 feet to the south 67.8 69.6 Residential property line 145 feet to west 72.6 74.4 Residential property line 225 feet to the southwest 69.7 71 Although construction noise would have a temporary or periodic increase in the ambient noise levels above the existing within the project vicinity, all construction noise would occur during the hours allowed by Santa Ana Municipal Code Section A-314. Therefore, construction -related noise impacts are considered less than significant. However, to be conservative and reduce construction noise levels at the nearest sensitive receptors as much as feasible, the following construction noise mitigation measures are recommended. Mitigation Measure No. 2 During all project site excavation and grading on -site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. Mitigation Measure No. 3 The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. Mitigation Measure No. 4 Equipment shall be shut off and not left to idle when not in use. Legacy Sunflower Apartments Mitigated Negative Declaration — March 14, 2019 Page 68 751-154 Mitigation Measure No. 5 The contractor shall locate equipment staging in areas that would create the greatest distance between construction -related noise sources and sensitive receptors nearest the project site during all project construction. Mitigation Measure No. 6 Jackhammers, pneumatic equipment and all other portable stationary noise sources shall be shielded and noise shall be directed away from sensitive receptors. Mitigation Measure No. 7 The project proponent shall mandate that the construction contractor prohibit the use of music or sound amplification on the project site during construction. Mitigation Measure No. 8 The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. Ambient Noise Noise Fundamentals Sound is a pressure wave created by a moving or vibrating source that travels through an elastic medium such as air. Noise is defined as unwanted or objectionable sound. The effects of noise on people can include general annoyance, interference with speech communication, sleep disturbance, and in extreme circumstances, hearing impairment. The unit of measurement used to describe a noise level is the decibel (dB). The human ear is not equally sensitive to all frequencies within the sound spectrum. Therefore, the "A -weighted" noise scale, which weights the frequencies to which humans are sensitive, is used for measurements. Noise levels using A -weighted measurements are written dB(A) or dBA. From the noise source to the receiver, noise changes both in level and frequency spectrum. The most obvious is the decrease in noise as the distance from the source increases. The manner in which noise reduces with distance depends on whether the source is a point or line source as well as ground absorption, atmospheric effects and refraction, and shielding by natural and manmade features. Sound from point sources, such as air conditioning condensers, radiates uniformly outward as it travels away from the source in a spherical pattern. The noise drop-off rate associated with this geometric spreading is 6 dBA per each doubling of the distance (dBA/DD). Transportation noise sources such as roadways are typically analyzed as line sources, since at any given moment the receiver may be impacted by noise from multiple vehicles at various locations along the roadway. Because of the geometry of a line source, the noise drop-off rate associated with the geometric spreading of a line source is 3 dBA/DD. Decibels are measured on a logarithmic scale, which quantifies sound intensity in a manner similar to the Richter scale used for earthquake magnitudes. Thus, a doubling of the energy of a noise source, such as a doubled traffic volume, would increase the noise levels by 3 dBA; halving of the energy would result in a 3 dBA decrease. Figure 15 shows the relationship of various noise levels to commonly experienced noise events. Average noise levels over a period of minutes or hours are usually expressed as dBA Leq, or the equivalent noise level for that period of time. For example, Leq(3) would represent a 3-hour average. When no period is specified, a one -hour average is assumed. Legacy Sunflower Apartments Page 69 Mitigated Negative Declaration —March 14, 2019 751-155 MPhil Martin&Associates, Inc. LEGACY SUNFLOWER I CITY OF SANTA ANA Jet Take Off 100ft a Rock Group soft Conversational Speech ► > ► ► l ILh-I t,Ltl 11, lC1 I ��. 11 ! �i[IofiGl '� li'_LIt1 Library tlif l' Ila V' Bedroom ooO cy 1661►F 140 dBA 130 i Firecrackers 120 Jackhammer 110 =`"s 100411ii 90 Noisy Workr i1i� 80 70 60 1 i i , Business So Office 10 Source: Bruel & Kjaer 2001 Figure 15 Weighted Sound Levels and Human Response 751-156 Page 70 Noise standards for land use compatibility are stated in terms of the Community Noise Equivalent Level (CNEL) and the Day -Night Average Noise Level (Ldn). CNEL is a 24-hour weighted average measure of community noise. CNEL is obtained by adding five decibels to sound levels in the evening (7:00 PM to 10:00 PM), and ten decibels to sound levels at night (10:00 PM to 7:00 AM). This weighting accounts for the increased human sensitivity to noise during the evening and nighttime hours. Ldn is a very similar 24-hour average measure that weights only the nighttime hours. It is widely accepted that the average healthy ear can barely perceive changes of 3 dBA; a change of 5 dBA is readily perceptible, and an increase (decrease) of 10 dBA sounds twice (half) as loud. This definition is recommended by the California Department of Transportation's Technical Noise Supplement to the Traffic Noise Analysis Protocol (2013). Ambient Noise Measurements The existing, or ambient, noise levels in the project area were taken to document the ambient noise levels in the project area. The short-term noise measurements included four (4) 10-minute daytime measurements sting that were taken between 12:18 PM and 1:36 PM on January 18, 2019. The locations of the four noise measurements are shown on Figure 16. A summary or the short-term ambient noise levels are shown in Table 14. As shown, the ambient noise levels range between 55.9 and 71 dBA 4q. The dominant noise sources in the project area were from motor vehicles traveling on Sunflower Avenue, Flower Street, and other surrounding roadways and a school bus back-up alarm. Table 14 Short -Term Noise Measurement Summary (dBA) Daytime Site Location Time Started Leq Lmax Lmin L(2) L(8) L(25) L(50) NM1 12:18 PM 55.9 78.7 46.3 58.1 53.6 50.8 49.5 NM2 12:46 PM 71.0 80.2 49.7 78.5 77.1 71.7 65.0 NM3 1:05 PM 69.6 81.0 48.8 76.8 74.2 70.5 66.3 NM4 1:26PM 58.5 75.0 50.6 63.3 60.8 58.9 56.8 Regulations Federal The U.S. Environmental Protection Agency (EPA) Office of Noise Abatement and Control was originally established to coordinate federal noise control activities. After its inception, EPA's Office of Noise Abatement and Control issued the Federal Noise Control Act of 1972, establishing programs and guidelines to identify and address the effects of noise on public health, welfare, and the environment. In response, EPA published Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety (Levels of Environmental Noise). The Levels of Environmental Noise recommended the Ldn should not exceed 55 dBA outdoors or 45 dBA indoors to prevent significant activity interference and annoyance in noise -sensitive areas. In addition, the Levels of Environmental Noise identified five (5) dBA as an "adequate margin of safety" for a noise level increase relative to a baseline noise exposure level of 55 dBA Ldn (i.e., there would not be a noticeable increase in adverse community reaction with an increase of five dBA or less from this baseline level). The EPA did not promote these findings as universal standards or regulatory goals Legacy Sunflower Apartments Page 71 Mitigated Negative Declaration - March 14, 2019 751-157 z LL 0 LLJ 0 -i LL. V) C-) LLJ -j CE I 4-1 -v� F I ow 4"A >LU p isL JI I all n, 4041c, 751-158 CA'19 NOINV I , I9j rvI %W-ftw f .! --T 1 14 VIAODIVS E w Le PrA E w Le PrA with mandatory applicability to all communities, but rather as advisory exposure levels below which there would be no risk to a community from any health or welfare effect of noise. In 1981, EPA administrators determined that subjective issues such as noise would be better addressed at lower levels of government. Consequently, in 1982 responsibilities for regulating noise control policies were transferred to State and local governments. State State of California General Plan Guidelines 2017 Though not adopted by law, the State of California General Plan Guidelines 2017, published by the California Governors Office of Planning and Research (OPR) (OPR Guidelines), provides guidance for the compatibility of projects within areas of specific noise exposure. OPR Guidelines identify the suitability of various types of construction relative to a range of outdoor noise levels and provide each local community some flexibility in setting local noise standards that allow for the variability in community preferences. The OPR Guidelines include a Noise and Land Use Compatibility Matrix that Identifies acceptable and unacceptable community noise exposure limits for various land use categories. California Environmental Quality Act The California Environmental Quality Act Guidelines (Appendix G) establishes thresholds for noise impact analysis. Two of these standards apply to what is referred to as a "substantial increase" in ambient noise levels. The City does not have a definition of a substantial increase, nor does CEQA establish a numerical value for this threshold. Noise generated by transportation sources propagates differently than noise generated by point sources. Therefore, for purposes of this analysis, the following thresholds were used to evaluate the project's potential to result in substantial increases in ambient noise levels. Traffic Noise Threshold The Federal Interagency Committee on Noise (FICON) developed guidance to be used for the assessment of project -generated increases in noise levels that consider the ambient noise level (FICON 1992). The FICON recommendations are based on studies that relate aircraft noise levels to the percentage of persons highly annoyed by aircraft noise. Although the FICON recommendations were specifically developed to assess aircraft noise impacts, these recommendations are often used in environmental noise impact assessments involving the use of cumulative noise exposure metrics, such as the average -daily noise level (CNEL) or hourly logarithmic average noise levels (Leq). For example, if the ambient noise environment is quiet (<60 dBA) and the new noise source greatly increases the noise levels, an impact may occur if the noise criteria may be exceeded. Therefore, for this analysis, FICON identifies a readily perceptible 5 dBA or greater project -related noise level Increase is considered a significant impact when the noise criteria for a given land use is exceeded. In areas where the ambient noise levels range from 60 to 65 dBA, a perceptible noise level increase of 3 dBA is appropriate for most people. When the ambient noise level exceeds 65 dBA, any increase in community noise of 1.5 dBA or greater is considered a significant impact if the noise criteria for a given land use is exceeded, since it likely contributes to an existing noise exposure exceedance. Table 15 below provides a summary of the potential noise impact significance criteria, based on guidance from FICON. Legacy Sunflower Apartments Page 73 Mitigated Negative Declaration — March 14, 2019 751-159 Table 15 FICON Noise Level Criteria Significance of Noise Im acts at Noise Sensitive Receivers Ambient (Without Project) Noise Level Potential Significant Impact < 60 dBA 5 dBA or more 60 - 65 dBA 3 dBA or more > 65 dBA 1.5 dBA or more avuiC;c. rcuu, di mieiayency Cummiaee an Noise (hit -UN), lYY2. Stationary Noise Noise generated during the operation of the project that includes parking lot activities, landscape maintenance and the operation of heating, ventilation and air conditioners (HVAC) can produce noise levels that disturb adjacent residential areas. A 5 dBA increase is considered to be 'readily audible", which seems to correlate most closely to a "substantial increase'. For the purposes of this report, a substantial permanent increase in ambient noise levels due to stationary noise sources shall be considered 5 dBA Leq. City of Santa Ana Local Regulations City of Santa Ana General Plan The City of Santa Ana General Plan Noise Element includes noise related goal, objectives, and policies. The goals, objectives, and policies that are applicable to the project are listed below. Goal 1 Prevent significant increases in noise levels in the community and minimize the adverse effects of currently -existing noise sources. Objectives 1.1 Prevent creation of new and additional sources of noise. 1.2 Reduce current noise levels to acceptable standards. Policies • Require consideration of noise generation potential and susceptibility to noise impacts in the sitting, design and construction of new developments. • Require mitigating site and building design features, traffic circulation alternatives, insulation, and other noise prevention measures of those new developments which generate high noise levels. • Sound insulate and/or buffer sensitive land uses such as housing from adverse noise impacts in noise -prone areas. • Minimize noise generation in residential neighborhoods through control or elimination of truck traffic and through -traffic from these areas. Legacy Sunflower Apartments Page 44 Mitigated Negative Declaration — March 14, 2019 751-160 As shown in Table 16 the City of Santa Ana has adopted Interior and Exterior noise standards that are applicable to the project. Table 16 City of Santa Ana Interior and Exterior Noise Standards Categories Land Use Categories Interior' Exterior Residential Single-family, duplex, multi- family45 3 65 Institutional Hospitals, school classrooms/playgrounds 45 65 Church, library 45 Open Space Parks 65 (1) Interior areas to include but are not limited to: bedrooms, bathrooms, kitchens, living rooms, pining rooms, closets, corridors/hallways, private offices, and conference rooms. (2) Exterior areas shall mean: private yards of single family homes, park picnic areas, school playgrounds, common areas, private open space, such as atriums on balconies, shall be excluded form exterior areas provided sufficient common area is included within the project. (3) Interior noise level requirements contemplate a closed window condition. Mechanical ventilation system or other means of natural ventilation shall be provided per the Uniform Building Code. Source: City of Santa Ana General Plan Noise Element Table 1, 1982. City of Santa Ana Municipal Code The City of Santa Ana Municipal Code Article VI Noise Control establishes daytime and nighttime permissible sound limits or levels for all residentially zoned properties as well as prohibited noises. These standards apply to all project generated on -site operational noise that may extend to adjacent properties. The City's exterior and interior noise standards as allowed by the Municipal Code are shown below. Section 18-312- Exterior Noise Standards. The following exterior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone. The City of Santa Ana is designated as Noise Zone 1. Exterior Noise Standards Noise Zone Noise Level Time Period 1 55 dB(A) 7:00 AM - 10:00 PM 50 dB(A) 10:00 PM - 7:00 AM Section 18-313- Interior Noise Standards. The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone. Interior Noise Standards Noise Zone Noise Level Time Period 1 55 dB(A) 7:00 AM - 10:00 PM 45 dB(A) 10:00 PM - 7:00 AM Legacy Sunflower Apartments Page 75 Mitigated Negative Declaration — March 14, 2019 751-161 Section 18-314- Special Provisions. The following activities shall be exempted from the provisions of this article (a) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 PM and 7:00 AM on weekdays, including Saturday, or any time on Sunday or a federal holiday. (1) Noise sources associated with the maintenance of real property, provided said activities take place between 7:00 AM and 8:00 PM on any day except Sunday or a federal holiday, or between the hours of 9:00 AM and 8:00 PM on Sunday or a federal holiday. Standards of Significance Noise impacts are considered to be significant if they expose people to noise levels greater than the standards that are established in local general plans or noise ordinances. The exterior noise standard for the City of Santa Ana multi -family residential uses is 65 dBA CNEL in usable outdoor space such as backyards, decks, patios, etc. Noise Modeling and Input A worst -case construction noise scenario was modeled using a version of the Federal Highway Administration's Roadway Construction Noise Model (RCNM). The RCNM utilizes standard noise emission levels for many different types of equipment and includes utilization percentage, impact, and shielding parameters. Federal Highway Administration (FHWA) Traffic Noise Prediction Model Existing and Existing Plus Project noise levels along Sunflower Avenue, Flower Street, and other affected nearby roadway segments were modeled utilizing the FHWA Traffic Noise Prediction Model FHWA-RD-77-108 to quantify the project's contribution to increases in ambient noise levels. SoundPLAN SoundPLAN acoustical modeling software was used to model the worst -case buildout traffic noise impacts to the project residents. SoundPLAN also evaluates stationary noise sources (e.g., air conditioning units, parking lots, etc.). SoundPLAN modeled traffic noise on Sunflower Avenue and Flower Street. The roadway parameters that were used in the noise model included location, traffic volume, speed and vehicle mix (autos, medium trucks, and heavy trucks). Noise Impacts Construction Noise Construction noise represents a short-term impact on ambient noise levels. Existing noise -sensitive land uses would be exposed to increased noise levels from construction activities at the project site. The loudest noise during construction generally occurs during demolition and grading activities because they Involve the largest pieces of construction equipment. The maximum noise levels that are generated by various types of construction equipment are shown in Table 17. The noise levels shown in this table represent the maximum sound levels (Lmax), which are the highest individual sound that Legacy Sunflower Apartments Page 76 Mitigated Negative Declaration — March 14, 2019 751-162 occurs at an individual time period. Operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Other primary sources of noise levels would be due to random incidents, which would last less than one minute (such as dropping large pieces of equipment or the hydraulic movement of machinery lifts). Table 17 Typical Construction Equipment Noise Levels Type of Equipment Range of Maximum Sound Levels Measured (dBA at 50 feet) Suggested Maximum Sound Levels for Analysis (dBA at 50 feet) Rock Drills 83-99 96 Jack Hammers 75-85 82 Pneumatic Tools 78-88 85 Pumps 74-84 80 Dozers 77-90 85 Scrappers 83-91 87 Haul Trucks 83-94 88 Cranes 79-86 82 Portable Generators 71-87 80 Rollers 75-82 80 Tractors 77-82 80 Front -End Loaders 77-90 86 Hydraulic Excavators 81-90 86 Graders 79-89 86 Air Compressors 76-89 86 Trucks 81-87 86 A worst -case construction noise scenario was calculated using the Federal Highway Administration's Roadway Construction Noise Model. The construction equipment that was used in the model was based on the project's Air Quality and Greenhouse Gas Impact Analysis default construction equipment list identified in the CaIEEMod modeling (Ganddini Group, Inc., 2019). Demolition The project would require demolition of the existing church, church parking lot and other site improvements. The noise levels that would be generated to the adjacent land uses during demolition activities are shown below in Table 18. Legacy Sunflower Apartments Page 77 Mitigated Negative Declaration —March 14, 2019 751-163 Table 18 Demolition Noise Levels Location Leg Lmax Playfields at school adjacent to the northern property line 88.8 92.1 Residential adjacent to the eastern property line 72.2 74.2 Residential property line 140 feet to the south 66 69 Residential property line 145 feet to the west 72.6 75.6 Residential property line 225 feet to the southwest 67.9 71 Grading The noise levels that would be generated to the adjacent land uses during project grading are shown in Table 19. Table 19 Grading Noise Levels Location Leg Lmax Playfields at school adjacent to the northern property line 87.3 91 Residential adjacent to the eastern property line 82.3 86 Residential property line 140 feet to the south 67.8 69.6 Residential property line 145 feet to the west 72.6 74.4 Residential property line 225 feet to the southwest 69.7 71 Although construction noise activities would have a temporary or periodic increase in the ambient noise levels above the existing noise levels within the vicinity of the project vicinity, all construction activities would be restricted to the hours allowed by Santa Ana Municipal Code Section 18-314. Therefore, construction -related noise impacts are considered less than significant. However, to be conservative and reduce construction noise levels at the nearest sensitive receptors, mitigation measures 2-9 listed in section "XIII. a)" above would further reduce construction noise impacts to area residents. Taft Elementary school to the north and multi -family residences to the east, south (south of Sunflower Avenue), west (west of Flower Street), and southwest (across the Sunflower Avenue and Sakioka Drive intersection) may be temporarily impacted by short-term construction noise on the site. The short-term noise impacts would be associated with construction workers commuting to the site, the delivery of construction materials to and from the site, ground clearing and demolition, excavation, grading, and building activities. However, the construction noise would be acoustically dispersed throughout the site and not concentrated in one area near adjacent surrounding sensitive land uses. Santa Ana Municipal Code section 18-314 exempts noise associated with construction, repair, remodeling, or grading of any real property from the noise limitations of the Municipal Code, provided that construction activities do not occur between the hours of 8:00 PM and 7:00 AM on weekdays, including Saturdays, or any time on Sundays or federal holidays. Because the project would be required to comply with the hours of construction as defined by Santa Ana Municipal Code section 18-314 the noise levels that are generated during construction would not have any significant noise impacts to area residents. Legacy Sunflower Apartments Page 78 Mitigated Negative Declaration — March 14, 2019 751-164 Noise Impacts to Off -Site Receptors Due to Project Generated Trips A worst -case project generated traffic noise level was modeled utilizing The FHWA Traffic Noise Prediction Model - FHWA-RD-77-108 was referenced to calculate the potential noise impact associated with project generated traffic. Roadway parameters for the traffic model calculations include average daily traffic volumes (ADTs), posted speeds, and vehicle distribution data as shown in Table 20. The potential off -site noise impacts were calculated for the "existing" condition and the "existing plus project' condition. Table 20 Project Average Daily Traffic Volumes and Roadway Parameters Average Daily Traffic Posted Volume' Travel Site Roadway Segment Speeds Conditions Existing Plus Existing Project (MPH) West of Flower 21,149 21,720 45 Hard Sunflower StreeUSakioka Drive Avenue East of Flower 45 StreeUSakioka Drive 19,620 20,634 Hard Flower Street North of Sunflower Avenue 9,773 9,836 40 Hard Vehicle Distribution (Heavy Mix)Z Daytime % Night % (7 AM - 7 Evening % (10 PM - 7 Motor -Vehicle Type PM) (7 PM - 10 PM) AM) Automobiles 75.54 14.02 10.43 Medium Trucks 48.00 2.00 50.00 Heavy Trucks 48.00 2.00 50.00 As shown, modeled Existing traffic noise levels range between 72.07-75.37 dBA CNEL and the modeled Existing Plus Project traffic noise levels range between 72.08-75.42 dBA CNEL at the right-of- way of each modeled roadway segment. Noise level increases associated with project generated traffic would be considered significant if noise levels were greater than the levels shown previously in Table 16. A shown below in Table 21 all modeled roadway segments are calculated to have noise level Increases of approximately 0.01 to 0.1 dBA CNEL. Therefore, the increase in the noise level on area roadways would be less than significant. Transportation Noise Impacts to the Project The City of Santa Ana General has adopted interior and exterior noise level criteria for residential, institutional, and open space land uses. As shown previously in Table 16, exterior noise levels up to 65 dBA CNEL and interior noise levels of 45 dBA CNEL are considered acceptable noise levels for residential use. Exterior areas are defined as private yards of single-family homes, park picnic areas, school playgrounds, common areas, private open space, such as atriums on balconies, shall be excluded from exterior areas provided that sufficient common area is included within the project. Interior noise level requirements contemplate a closed window condition. Mechanical ventilation system or other means of natural ventilation shall be provided per the Uniform Building Code. Legacy Sunflower Apartments Page 79 Mitigated Negative Declaration — March 14, 2019 751-165 Table 21 Change in Existing Noise Levels Along Roadways as a Result of Project (dBA CNEL) Modeled Noise Levels (dBA CNEL) Distance from roadway Existing Existing Chan e g Roadway Segment centerline Without Plus I Exceeds Increase of to right- Project Project Noise Standards 3 dB or of -way at right- at right- Level More (feet)' of -way of -way West of Flower Sunflower Street/Sakioka Drive 60 75.37 75.42 0.05 Yes No Avenue East of Flower Street/Sakioka Drive 60 75.04 75.14 0.10 Yes No Flower Street North of Sunflower Avenue 50 72.07 72.08 0.01 Yes No (I) Exterior noise levels calculated 5 reet above pad elevation, perpendicular to subject roadway. (2) Right-of-way per the City of Santa Ana General Plan Circulation Element, 1998. Figure 17 shows the calculated exterior noise levels throughout the project at various reception locations based on traffic on area roadways adjacent to the project. Table 22 lists the noise levels at each of the reception locations shown in Figure 17. As shown, the exterior noise levels at the facades of the apartment building that faces Sunflower Avenue with traffic volumes after project completion would range between 29 dBA CNEL and 75 dBA CNEL. The exterior noise levels due to buildout traffic volumes at the facades of the building that would face Flower Street would range between 66 dBA CNEL and 71 dBA CNEL. The exterior noise levels at the pool/recreation area are calculated to be up to 65 dBA CNEL. Table 22 Buildout Traffic Noise Levels and Recommended Window STC Ratings Receptor Floor Buildout Traffic Noise Levels Required Exterior to Interior Noise Reduction' Requir ad Windo wSTC' Receptor Floor Buildout Traffic Noise Levels Required Exterior to Interior Noise Reduction' Required Window STC' 1 1 63 18 21 11 1 29 n/a n/a 2 65 20 23 2 29 n/a n/a 3 66 21 24 3 31 n/a n/a 4 66 21 24 4 34 n/a n/a 5 66 21 24 5 39 n/a n/a 2 1 59 14 17 12 1 60 15 18 2 61 16 19 2 60 15 18 3 62 17 20 3 61 16 19 4 63 18 21 4 61 16 19 5 63 18 21 5 61 16 19 3 1 68 23 26 13 1 73 n/a n/a 2 70 25 28 2 74 n/a n/a Legacy Sunflower Apartments Page 80 Mitigated Negative Declaration —March 14, 2019 751-166 =Phil Martin& Associates, Inc. LEGACY SUNFLOWER I CITY OF SANTA ANA i G i *— J11111111111111, r 111 Y v O 4 L V L j f � 1 I I *. 4111111► Signs and symbols Proposed Buildings Receiver • ReceiveraibuiMing Road Emission Line ® Noise Level by Floor (CNEL) 1:110 0 30 eo 120 180 Zan feet Figure 17 Buildout Traffic Noise Levels 751-167 Page 82 3 70 25 28 3 74 n/a n/a 4 70 25 2S 4 74 n/a n/a 5 69 24 27 5 73 n/a n/a 4 1 65 20 23 14 1 60 n/a n/a 2 66 21 24 2 59 n/a n/a 3 67 22 25 3 60 n/a n/a 4 66 21 24 4 60 n/a n/a 5 66 21 24 5 60 n/a n/a 5 1 74 29 32 15 1 68 23 26 2 75 30 33 2 70 25 28 3 74 29 32 3 71 26 29 4 74 29 32 4 71 26 29 5 73 28 31 5 71 26 29 6 1 64 19 22 16 1 66 21 24 2 65 20 23 2 68 23 26 3 66 21 24 3 69 24 27 4 66 21 24 4 69 24 27 5 66 21 24 5 69 24 27 7 1 64 19 22 17 1 66 21 24 2 65 20 23 2 68 23 26 3 66 21 24 3 69 24 27 4 66 21 24 4 69 24 27 5 66 21 24 5 69 24 27 8 1 65 20 23 18 1 54 9 12 2 67 22 25 2 52 7 10 3 67 22 25 3 53 8 11 4 67 22 25 4 53 8 11 5 67 22 25 5 54 9 12 9 1 74 n/a n/a 19 1 52 7 10 2 75 n/a n/a 2 52 7 10 3 74 n/a n/a 3 54 9 12 4 74 n/a n/a 4 54 9 12 5 74 n/a n/a 5 55 10 13 10 1 60 15 18 2 59 14 17 3 60 15 18 4 60 15 18 5 60 15 38 Notes: n/a = not residential land use Legacy Sunflower Apartments Page 81 Mitigated Negative Declaration — March 14, 2019 751-168 The proposed apartment building is required to have mechanical ventilation systems or other means of natural ventilation as required by the Uniform Building Code. Typical construction that complies with the Uniform Building Code provides approximately 20 dBA of exterior to interior sound reduction. Based on the noise analysis some of the proposed residential units would be exposed to exterior noise levels that would require more than 20 dBA noise reduction. Therefore, upgraded window treatments would be required to achieve the City required interior noise levels. Table 6 shows the calculated exterior noise levels at each receptor site on the project along with the required exterior to interior noise level reduction and the required window sound class transmission (STC) for windows of all residential units that face Sunflower Avenue and Flower Street to meet the required interior noise level standard of 45 dBA CNEL. The City does not have exterior or interior noise standards for commercial land uses. Therefore, window upgrades to reduce interior noise levels for the proposed non-residential amenities on the site including the leasing office, mail room, fitness center, bike cafe, club room and business center/conference room, parcel room are not required. The following measure is recommended to reduce interior noise levels of the residential units that face Sunflower Avenue and Flower Street to meet Santa Ana Municipal Code section 18-313. Mitigation Measure No. 9 All residential units that face Sunflower Avenue and Flower Street shall have acoustic windows with STC ratings shown in Table 6 of the Noise Report.32 Operational Noise Impacts The operational activities associated with the proposed project have the potential to impact the nearby school, multi -family attached residential dwelling units, and single-family detached residential dwelling units. Specifically, these activities include parking lot noise and air conditioning units. Land uses surrounding the site consist of an elementary school to the north, multi -family attached and single-family detached residential dwelling units to the east, multi -family attached residential dwelling units to the south (across Sunflower Avenue), and multi -family attached residential dwelling units to the west (across Flower Street). The nearest existing sensitive receptors are the school playfields located adjacent to the north and the multi -family attached residential dwelling units located adjacent to the east. Noise associated with parking lots includes, but is not limited to Idling cars/trucks, trucks diesel engines, exhaust systems, trailer coupling, air brakes, warning signal, doors closing, and starting engine noise. Noise levels associated with parking lots typically range between 44-63 dBA Ley at a distance of 100 feet. The City of Santa Ana Municipal Code Section 18-312 includes exterior noise level standards of 55 dBA during the daytime (7:00 AM to 10:00 PM) and 50 dBA during the nighttime (10:00 PM to 7:00 AM). In addition, Section 18-315 of the Municipal Code states that it is unlawful for any person to create any noise which causes the noise level at a school while it is in use to exceed the noise limits as specified in Section 18-312 prescribed for the assigned noise zone in which the school is located. The proposed project includes the development of the site with 226 multi -family attached residential dwelling units and an associated parking structure. This use is consistent with the surrounding residential uses and would not cause a substantial permanent increase in ambient noise levels or as Legacy Sunflower Project, Noise Impact Analysis, Gandinni, January 23, 2019. Legacy Sunflower Apartments Page 83 Mitigated Negative Declaration —March 14, 2019 751-169 exceed the City of Santa Ana's exterior noise standards to any sensitive land use. Therefore, noise from the proposed parking structure would have less than significant noise impacts. The noise levels generated by the project would not impact surrounding land uses. Furthermore, the project would not be significantly impacted by traffic noise on either Flower Street or Sunflower Avenue with the incorporation of Mitigation Measure No. 10. Therefore, project noise impacts would be less than significant. b) Generation of excessive ground borne vibration or ground borne noise levels? Potentially Significant Unless Mitigation Incorporated. The way that vibration is transmitted through the earth is called propagation. There are three main types of vibration propagation: surface; compression; and shear waves. Surface waves, or Raleigh waves, travel along the ground's surface. These waves carry most of their energy along an expanding circular wave front, similar to ripples produced by throwing a rock into a pool of water. Compression waves, or P-waves, are body waves that carry their energy along an expanding spherical wave front. The particle motion in these waves is longitudinal (i.e., in a "push-pull" fashion). P-waves are analogous to airborne sound waves. Shear waves, or S-waves, are also body waves that carry energy along an expanding spherical wave front. However, unlike P-waves, the particle motion is transverse or "side -to -side and perpendicular to the direction of propagation". As vibration waves propagate from a source, the energy is spread over an ever-increasing area such that the energy level striking a given point is reduced with the distance from the energy source. This geometric spreading loss is inversely proportional to the square of the distance. Wave energy is also reduced with distance as a result of material damping in the form of internal friction, soil layering, and void spaces. The amount of attenuation provided by material damping varies with soil type and condition as well as the frequency of the wave. Vibration amplitudes are usually expressed as either peak particle velocity (PPV) or the root mean square (RMS) velocity. The PPV is defined as the maximum instantaneous peak of the vibration signal in inches per second. The RMS of a signal is the average of the squared amplitude of the signal in vibration decibels (VdB), ref one micro -inch per second. The Federal Railroad Administration uses the abbreviation "VdB" for vibration decibels to reduce the potential for confusion with sound decibel. PPV is appropriate for evaluating the potential of building damage and VdB is commonly used to evaluate human response. Decibel notation acts to compress the range of numbers required in measuring vibration. Similar to the noise descriptors, Leq and Lmax can be used to describe the average vibration and the maximum vibration level observed during a single vibration measurement interval. Figure 18 illustrates common vibration sources and the human and structural responses to ground - borne vibration. As shown, the threshold of perception for human response is approximately 65 VdB; however, human response to vibration is not usually substantial unless the vibration exceeds 70 VdB. Vibration Impacts There are several types of construction equipment that can cause vibration levels high enough to annoy persons in the vicinity and/or result in architectural or structural damage to nearby structures and improvements. As shown in Table 23, a vibratory roller could generate up to 0.21 PPV at a distance of 25 feet; and operation of a large bulldozer (0.089 PPV) at a distance of 25 feet (two of the most vibratory pieces of construction equipment). Groundborne vibration at sensitive receptors associated with this equipment would drop off as the equipment moves away. For example, as the vibratory roller moves further than 100 feet from the sensitive receptors, the vibration associated with it would drop below 0.046 PPV, depending upon the soil type and specific usage of the piece of equipment. Legacy Sunflower Apartments Page 84 Mitigated Negative Declaration —March 14, 2019 751-170 MPhilMartin &Associates, Inc. Human/Structural Response LEGACY SUNFLOWER I CITY OF SANTA ANA VELOCITY LEVEL* Threshold, minor cosmetic damage —► fragile buildings Difficulty with tasks such as reading a VDT screen Residential annoyance, infrequent -: events (e.g. commuter rail) Residential annoyance, frequent events (e.g. rapid transit) Limit for vibration sensitive — 0 equipment. Approltimate threshold for human perception of vibration Typical Sources (50 ft from source) a Blasting from construction projects [ Bulldozers and other heavy tracked construction equipment <— Commuter rail, upper range Rapid transit, upper range t— Commuter rail, typical 0 Bus or truck over bump t-- Rapid transit, typical E Bus or truck, typical <— Typical background vibration * RMS Vibration Velocity Level in dB relative to 10 -6 inches/second Source: FRA, 2012. Federal Railroad Administration Highspeed Ground Transportation Noise and Vibration Impact Assessment. Office of Railroad Policy Development, Washington, D.C. DOT/FRA(ORD-12115. September. Figure 18 Typical Levels of Groundborne Vibration 7 5 1 -171 Page 85 Table 23 Construction Equipment Vibration Source Levels Equipment Peak Particle Velocity in inches per second at 25 feet at 50 feet at 100 feet Clam Shovel Drop (slurry wall 0.202 0.071 0.025 Vibratory Roller 0.210 0.074 0.026 Hoe Ram 0.089 0.031 0.011 Large Bulldozer 0.089 0.031 0.011 Caisson Drilling 0.089 0.031 0.011 Loaded Trucks 0.076 0.027 0.010 Jackhammer 0.035 0.012 0.004 Small Bulldozer 0.003 0.001 0.0004 (1) Source: Federal Transit Administration: Transit Noise and Vibration Impact Assessment, 2006. (2) Bold values are considered annoying to people. Annoyance to Persons The primary effect of perceptible vibration is often a concern. However, secondary effects, such as the rattling of a china cabinet, can also occur, even when vibration levels are well below perception. Any effect (primary perceptible vibration, secondary effects, or a combination of the two) can lead to vibration annoyance. The degree that a person is annoyed depends on the activity they are participating at the time of the disturbance. For example, someone sleeping or reading would be more sensitive than someone who is running on a treadmill. Reoccurring primary and secondary vibration effects often lead people to believe that the vibration is damaging their home, although vibration levels are well below minimum thresholds for damage potential. As shown in Table 24, vibration is annoying at a peak particle velocity (PPV) of 0.20. The closest structure adjacent to the project is approximately ten feet from the eastern property line. At ten feet, the use of a vibratory roller would generate a PPV of 0.575 and a large bulldozer would generate a PPV of 0.244. Annoyance would be short-term and occur only during site grading and preparation when vibration generation equipment is in operation and during City allowed hours of construction. Table 24 Typical Human Reaction and Effect on Buildings Due to Groundborne Vibration Vibration Level Peak Particle Velocity (PPV) Human Reaction Effect on Buildings 0.006-0.019 in/sec Threshold of perception, Vibrations unlikely to cause damage possibility of intrusion of any type Recommended upper level of 0.08 in/sec Vibrations readily perceptible vibration to which ruins and ancient monuments should be subjected Legacy Sunflower Apartments Page 86 Mitigated Negative Declaration — March 14, 2019 751-172 0.10 in/sec Level at which continuous vibration begins to annoy people Virtually no risk of "architectural' (i.e., not structural) damage to normal buildings Threshold at which there is a risk to 0.20 in/sec Vibrations annoying to people "architectural' damage to normal in buildings dwelling — houses with plastered walls and ceilings Vibrations considered Vibrations at a greater level than unpleasant by people normally expected from traffic, but 0.4-0.6 in/sec subjected to continuous ,,could cause "architectural' damage vibrations and unacceptable and possibly minor structural to some people walking on damage bridges Source: California Department of Transportation. Transportation and Construction Vibration Guidance Manual, Cnapter a Tables 5 and 12, September 2013. Architectural Damage Vibration generated by construction activity generally has the potential to damage structures. This could be structural damage, such as cracking of Floor slabs, foundations, columns, beams, or wells, or cosmetic architectural damage, such as cracked plaster, stucco, or tile. Table 24 shows the PPV levels of 0.20 as the threshold for a risk for "architectural' damage. Therefore, the use of a vibratory roller within 26 feet or the operation of a large bulldozer within 12 feet of existing structures could result in architectural damage. Caution should be used if vibratory equipment is operated within 16 feet of the eastern property line of the project. The following measure is recommended to reduce potential vibration impacts to the residents east of the project. Mitigation Measure No. 10 Vibratory equipment such as vibratory rollers shall be restricted from use within 16 feet of the eastern property line and large bulldozers within 2 feet of the eastern property line. The project would have less than significant ground borne or vibration impacts with implementation of the recommended mitigation measure. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. There are no public airports in the City of Santa Ana or the immediate project vicinity. John Wayne Airport is the closest airport to the site and located approximately one mile southeast of the project. The project site is not located within the land use plan of John Wayne Airport. Because the project site is approximately one mile northwest from John Wayne Airport and not within the land use plan of the airport, the project would not be impacted by noise levels at John Wayne Airport. XIV. POPULATION AND HOUSING: Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? Less Than Significant Impact. The project proposes 226 apartments including studio, one and two bedroom rental units. Currently there are 4.34 persons per household in Santa Legacy Sunflower Apartments Page 87 Mitigated Negative Declaration — March 14, 2019 751-173 Ana.33 Assuming the persons per unit for the proposed apartments is one-third of the city average due to the number of studio and one -bedroom apartments, the project is estimated to house approximately 328 residents'" and represents a 0.098% increase of the city's current population of 334,13635 (2017). This population increase assumes that all of the project residents live outside the city and would relocate to Santa Ana. This percentage is much less when taking into account any existing city residents that would move to the site. An increase in 328 residents, assuming all of the project residents currently live outside the city, would not substantially increase the city's current population. California State Housing Element Law enacted in 1980 requires the Southern California Association of Governments (SCAG) and other regional councils of government in California to determine the existing and projected regional housing needs for persons at all income levels. SCAG is also required by law to determine each jurisdiction's share of the regional housing need in the six -county (Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura) Southern California region. State legislation and the Regional Housing Needs Assessment (RHNA) process are intended to address housing needs for projected state population and household growth, to create a better balance of jobs and housing in communities, and to ensure the availability of decent affordable housing for all income groups. As the regional Council of Governments (COG) for Southern California, State law requires SCAG to "determine the existing and projected housing need for its region". SCAG takes the lead in overseeing the assessment by identifying measures to gauge housing demand and comparing those numbers against socioeconomic factors throughout the region. The RHNA consists of two measurements: 1) existing need for housing, and 2) future need for housing. The existing need assessment examines key variables from census data, to measure ways in which the housing market is not meeting the needs of current residents. The future need assessment is determined by SCAG's growth forecast and public participation process. The State's Housing Element law requires local governments to make plans to adequately address their share of existing and projected population growth', taking into consideration affordability of available and future housing. Recognizing that the most critical decisions regarding housing development, occur at the local level, through a city's General Plan, the Housing law seeks to adequately address housing needs and demands. The California Department of Housing and Community Development (HCD) enforce State Housing Element Law by requiring certified Housing Elements as part of every city's General Plan. As of March 2019, the City has exceeded its 2014-2021 Regional Housing Needs Allocation Goals for all income categories. A recent Housing Element Annual Progress Report was prepared by the City for submittal to the State Department of Housing and Community Development (HCD) and the State Office of Planning and Research (OPR) in April. The report is required by the State for the City to provide a summary that Santa Ana is making progress to meeting its share of the RHNA and to be in compliance with State Housing Law and be eligible for certain State funding programs such as the Housing Related Parks Program (HRP). There were 1,372 building permits issued for new housing units in Santa Ana in 2018 and 42 percent of those permits, or 577 units, were for affordable units. The 577 building permits for affordable residential units allowed the City to exceed Santa Ana's RHNA allocation for 204 affordable units. Table 25 shows the progress the city has made towards exceeding its' RHNA allocations. The project would further assist the City towards exceeds its RHNA residential unit allocation. 33 https://www.census.gov/quickfacts/fact/table/santaanacitycalifornia/PST045217. 34 1.45 persons per unit. 35:.,,...m...... ..--_....__1... :..,,,-...,u.._w_u-,_`.-____:•___:1-__`_ I----- --. Legacy Sunflower Apartments Mitigated Negative Declaration — March 14, 2019 751-174 Table 25 Santa Ana Progress Towards Regional Housing Needs Allocation 2014-2021 Income RHNA New New New New New Total Total Level Allocation Housing Housing Housing Housing Housing Housing Remaining Per SIB 35 Units Units Units Units Units Units by RHNA by 2014 2015 2016 2017 2018 Income Income Levels Low 45 0 49 49 43 172 313 +268 Very Low 32 2 31 22 38 388 481 +449 Moderate 37 12 4 20 10 17 63 +26 Subtotal 114 14 84 91 91 577 857 +743 Affordable Subtotal Above 90 80 442 130 424 795 1,871 +1,781 Market Moderate Rate Total 204 94 526 221 515 1,372 2,728 +2,524 Santa Ana Housing Element The Santa Ana Housing Element provides housing goals and policies to achieve the city's desired housing needs. The housing goals and policies from the Housing Element that are applicable to the project are provided below: Goal 1 Livable and complete neighborhoods of quality housing conditions, ample parks and community services, well -maintained infrastructure, and public facilities that inspire neighborhood pride and ownership. Policies HE-1.5 Infrastructure and Public Services. Provide quality community facilities, physical Infrastructure, traffic management and parking control, and other public services to promote the livability, safety, and vitality of neighborhoods. HE-1.8 Public Safety. Support efforts to improve neighborhood safety through environmental design, housing maintenance, community oriented policing, youth diversion activities, traffic safety, and other violence prevention measures. Goal 2 A diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. Policies HE-2.3 Rental Housing. Encourage the construction of rental housing for Santa Ana's residents and workforce, including a commitment to very low, low, and moderate -income residents and moderate - income Santa Ana workers. Legacy Sunflower Apartments Page 89 Mitigated Negative Declaration —March 14, 2019 751-175 HE-2.4 Diverse Housing Types. Facilitate diverse types, prices, and sizes of housing, including single- family homes, apartments, townhomes, mixed/multiuse housing, transit -oriented housing, multigenerational housing, and live -work opportunities. HE-2.5 Housing Design. Require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive ("green') building and design practices. HE-2.6 Affordable Component. Pursuant to the Housing Opportunity Ordinance, require eligible rental and ownership housing projects to include at least 15 percent of the housing units as affordable for lower and moderate income households. Goal 3 Increased opportunities for low and moderate -income individuals and families to find quality housing opportunities and afford a greater choice of rental or homeownership opportunities. Policies HE-3.1 Rental Assistance. Support the provision of rental assistance for individuals and families earning extremely low, very low, and low income with funding from the federal government. HE-3.4 Supportive Services. Support the provision of employment training, childcare services, rental assistance, youth services, and other community services that enable households to attain the greatest level of self-sufficiency and independence. HE-3.5 Collaborative Partnerships. Collaborate with nonprofit organizations, developers, business community, special interest groups, and government agencies to develop affordable housing opportunities for residents and our workforce. Goal 4 Adequate rental and ownership housing opportunities and supportive services for seniors, people with disabilities, families with children, and people needing emergency, transitional, or supportive housing. Policies HE-4.4 Service -Enriched Housing. Support the provision of supportive services and service -enriched housing for persons with special needs, such as seniors, disabled people, homeless people, families, veterans, and people with medical conditions. HE-4.6 Homeless Services. Partner with community service organizations that address the needs of homeless people, including housing linked with case management, employment, physical, mental health, substance abuse, and other services. HE-4.8 Housing Priority. Provide that Santa Ana residents, employees, and designated need groups receive priority for affordable housing created under the Housing Opportunity Ordinance or with City funding to the extent allowed under state law. Legacy Sunflower Apartments Page 90 Mitigated Negative Declaration — March 14, 2019 751-176 Available Land For Housing The City has identified four areas for future residential and mixed uses within its District Centers and transit corridors. These areas include the Transit Zoning Code, Harbor Boulevard Mixed Use Transit Corridor, Fifth Street and First Street. The sites are specifically chosen to create distinct and vibrant activity centers linked together with a variety of transportation options. The project is not located within any of the four identified District Centers or transit corridors. The rental rates of the apartments would be market rate. While the project does not propose any affordable units (very low or low income) the project developer would pay an in -lieu fee in compliance with Section 41-1904 (c) of Article XVIII.I. — Housing Opportunity Ordinance of the Santa Ana Municipal Code. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments or the conversion of rental units to condominium ownership when the number of units exceed the densities permitted under the general plan.36 Per Sec. 41-1904 (e) of Article XVIII.I the project developer must pay the in -lieu fee prior to the issuance of the first building permit and the collected fee would be deposited in the inclusionary housing fund. The proposed 226 residential units would provide housing for Above Moderate income households for the residents of Santa Ana and allow the city to exceed the RHNA housing need allocation of 90 units for the Above Moderate income housing. The project would meet the goals and policies of the Housing Element by providing Above Moderate income housing for city residents as envisioned by the Housing Element. The project would not have a significant impact to the City's population. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. The existing church is proposed to be relocated to downtown Santa Ana with the development of the project. There are no residential units on the site. Therefore, the project would not have any impacts associated with displacing any people or housing units. XV. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Less Than Significant Impact. The Orange County Fire Authority (OCFA) provides fire protection services to the site. The closest fire station to the site is Fire Station 76 and located at 950 W. MacArthur Avenue. The fire station is approximately one mile northwest of the site. The second closest fire station is Fire Station 28 that is located at 17862 Gillette Avenue in Irvine and approximately two miles from the site. OCFA standard is for the first responding unit to be on the scene within 7 minutes and 20 seconds of the call 80% of the time. The project could require fire protection services during construction for accidents or other on -site construction emergencies. Once constructed, the project would require fire protection services that are typically required for a residential project. While the project would require fire protection services during 36 Santa Ana Municipal Code, Article XVIII.I, Sec. 41-1900. Legacy Sunflower Apartments Page 91 Mitigated Negative Declaration — March 14, 2019 751-177 both construction and the life of the project, OCFA has sufficient personnel to serve the project without any significant impact to OCFA's ability to continue to provide an adequate level of fire protection service to the community. The impact by the project to fire protection services would be less than significant. ii. Police protection? Less Than Significant Impact. The Santa Ana Police Department provides police protection services to the site from the police headquarters located at 60 Civic Center Plaza, which is approximately 1.5 miles east of the site. The project could require police protection services during project construction to respond to theft, vandalism, accidents and other construction related police emergencies. Once constructed, the project would require operational police services such as routine police patrols, vandalism, break-ins, and other service calls associated with residential development. While the project would require construction and operational police protection services, the project would not significantly impact the Police Department's ability to continue to provide an adequate level of service to the community. The impact by the project to police services would be less than significant. Schools? Less Than Significant Impact. The project is served by the Santa Ana Unified School District. Any students generated by the project would attend Taft Elementary school, McFadden Intermediate school and Saddleback High School. The project proposes 226 apartments and is estimated to generate approximately 117 students for grades elementary through high school." The schools that would serve the project have the current permanent capacity to accommodate the additional students without impacting the capacity of the schools, with the exception of Taft Elementary school. Taft Elementary school has a current capacity of 505 students and a current enrollment (2018-2019) of 588 students. Because the school currently operates at 83 students over capacity, the additional 54 students generated by the project would further impact the student capacity at Taft Elementary school. As required by Government Code Section 65995, the project would pay the required developer fee towards the cost to offset impacts from the students that would be generated by the project. Currently the Santa Ana Unified School District developer fee for residential use is $3.79 per square foot. The project developer would be required to pay the fee prior to the issuance of a building permit for the construction of the residential units. Payment of the required developer fee would reduce the impact to the Santa Ana Unified School District to less than significant. iv. Parks? Less Than Significant Impact. The closest public park to the project is Sandpointe Park that is located at 3700 S. Birch Street and approximately one-half mile northeast of the project. Sandpointe is a neighborhood park and provides basketball courts, exercise trail, multi -purpose field, playgrounds tennis courts, volleyball, etc. Also within one-half mile northwest of the project is Bomo Koral park that is located at 900 W. MacArthur Boulevard. Bomo Koral park is also a neighborhood park and has ball diamonds, multi -purpose fields, and picnic tables. While some project residents may use the recreational facilities at Sandpointe and Bomo Koral parks, it is anticipated that many project residents would use the on -site active recreational facilities including the fitness center, pool and spa, outdoor yoga and fitness court, residential gardens and outdoor dining and dog park and not significantly increase the use of Sandpointe and Bomo Koral parks or any other city park. The proposed on -site fitness center would meet the needs of some of the project residents. Any increase in the use of existing city park facilities by the project residents is anticipated to be minimal and not significantly impact existing Santa Ana park facilities. The project would not significantly impact existing parks in Santa Ana. 31 Santa Ana Unified School District, Jeremy Cogan, Director of Facilities Planning, letter dated January 23, 2019. Legacy Sunflower Apartments Page 92 Mitigated Negative Declaration — March 14, 2019 751-178 v. Other public facilities? No Impact. There are no public facilities or services that would be impacted by the project. XVI. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant Impact. The project would not significantly impact recreation facilities. Please see Public Services section "XV.a.iv)" above. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Less Than Significant Impact. As discussed in section "XV.a.iv)" above, the project proposes to provide an on - site fitness center, pool and spa, outdoor yoga and fitness court, residential gardens and outdoor dining, and dog park for project residents. The proposed fitness center would be constructed during construction of the project and would not have an adverse impact on the environment. The project would not require the construction of the expansion of other recreational facilities that would impact the environment. The project would not significantly impact recreation facilities. XVII. TRANSPORTATION: Would the project: a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Potentially Significant Unless Mitigation Incorporated. A traffic study was prepared for the project.38 A copy of the traffic study is included in Appendix F. The project is estimated to generate approximately 1,268 vehicle trips a day, including 84 AM and 103 PM trips. The daily vehicle trips associated with the existing church were not taken into account to provide a conservative estimate of the project trip generation. The estimated project trip generation is shown in Table 26. Table 26 Project Traffic Generation Rates and Forecast39 Description Daily 2- AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Way Trip Generation Rate: • 221: Multifamily Housing (Mid- Rise40) (TE/DU') 5.44 26% 74% 0.36 61% 39% 0.44 Proposed Project Trip Generation: • Apartments (233) 1,268 22 62 84 63 40 103 Note: TElDU = Trip End per Dwelling Unit 36 Traffic Impact Analysis Report, Legacy Sunflower Apartments, Santa Ana, California, Lincscott Law & Greenspan, January 24, 2019. 39 Source: Trip Generation, loth Edition, Institute of Transportation Engineers (ITE), Washington, D.C. (2017). 40 Mid -Rise Multifamily Housing consists of buildings that range between 3 and 10 levels. Legacy Sunflower Apartments Mitigated Negative Declaration —March 14, 2019 Page 93 751-179 The project traffic report studied eight (8) area intersections and four (4) roadway segments to determine if the project would impact the project area circulation system. The eight intersections and four roadway segments were studied for the following six (6) traffic conditions: • Existing (2018) • Existing plus Project • Year 2022 Cumulative traffic • Year 2022 Cumulative plus Project • Year 2040 • Year 2040 plus Project The traffic report assumed an ambient traffic growth factor of 1.0% per year. Therefore, from the base year of 2018 to the project completion date of 2022 the growth factor is 4.0%. The traffic report took into account the traffic that would be generated by the development of other projects in the cities of Santa Ana and Costa Mesa that are close to the proposed project. The traffic report estimated the traffic that is generated by the 16 cumulative projects listed in Table 30 and added that traffic to the six traffic conditions listed above. The traffic report assumed a project completion date of 2022 as proposed by the project applicant. Therefore, a project completion date of 2022 is shown as the time the project would be completed. Year 2040 is included in the traffic report as requested by the Orange County Transportation Authority (OCTA) using their OCTAM4.0 traffic computer model. The traffic distribution pattern of the project is shown in Figure 19. The traffic distribution patterns are based on the following: • Location of site access points in relation to the surrounding street system; • The site's proximity to major traffic carriers and regional access routes; • Physical characteristics of the circulation system such as lane channelization and presence of traffic signals that affect travel patterns; • Presence of traffic congestion in the surrounding vicinity, and • Ingress/egress availability at the site. The peak hour intersection capacity analysis for project traffic for the existing plus project, Year 2022 plus project and Year 2040 plus project are shown in Tables 27, 28 and 29, respectively. As shown, the project traffic would not impact any of the eight studied intersections with the exception of the Main Street at Sunflower Avenue intersection. The Main Street at Sunflower Avenue intersection would be impacted in the PM peak hour for years 2022 and 2040 both without and with the project. A mitigation measure is recommended below to reduce the potential traffic impact at this intersection for both the Year 2022 and Year 2040 conditions to meet City of Santa Ana transportation requirements. Mitigation Measure No. 11 Prior to the issuance of the first occupancy permit, the project developer shall modify the traffic signal at the intersection of Sunflower Avenue and Main Street to provide a southbound right -turn overlap phase. The traffic study prepared for the project complies with the traffic Impact requires of the City of Santa Ana and is consistent with the current Congestion Management Program (CMP) for Orange County.41 The project would not impact any City of Santa Ana transportation requirements or the County CMP. 41 Traffic Impact Analysis Report, Leqacy Sunflower Apartments, Santa Ana, California, Lincscolt Law & Greenspan, January 24 2019 Legacy Sunflower Apartments Page 94 Mitigated Negative Declaration — March 14, 2019 751-180 Q z Q IQ— z Q to LL O I— U W O J LL Z (n U a W J LO 0% d rn ca 751-181 MA T Q T u mm O U c O U a) L n � N C A! cc 0 m m Q7 a u O a` V) 7 a C y X w Y N 0 a) c fn �. a)O O a EE J > > C EL O` O d aU C 9 C = N 4 7 ~ ly a U v O a y o 0 0 0 0 0 0 0 z z z z z z z z E M C v u U a) 4_. 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The traffic report concludes the site plan does not create any unsafe vehicle -pedestrian conflict points or on -site vehicle queuing/stacking impacts. All project driveways and internal circulation have adequate curb return radii for all motorists, including service, delivery and trash trucks to enter and exit the site safely. Overall, the project would not have any significant traffic design or circulation hazards. d) Result in inadequate emergency access? Less Than Significant Impact. Sunflower Avenue and the existing circulation system adjacent to and serving the site would continue to provide adequate access for emergency vehicle access. Police, fire, paramedic/ambulance and other emergency vehicles would continue to have adequate access to respond to on -site emergencies. The proposed project entrance at Sunflower Avenue and the two-way road along the east, north and west project boundary that serves student drop-off and pick-up at Taft Elementary School north of the site would be reviewed by the City, including the Santa Ana Police Department, and the Orange County Fire Authority to ensure the main project entrance at Sunflower Avenue provides adequate driveway widths and turning radius for emergency vehicles. The project would not significantly impact emergency access to the site. XVIII. TRIBAL CULTURAL RESOURCES: Would the project: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1 (k). Potentially Significant Unless Mitigation Incorporated. As required by AB 52 and SB 18, the City mailed letters to the area Native American Indians that are on record with the city that may have cultural resources associated with the site. The Gabrieleno Band of Mission Indians — Kizh Nation (Kizh Nation) submitted a letter to the City requesting consultation. Because the project site lies within the ancestral tribal territory of the Kizh Nation, tribal cultural resources could exist on the site. The City consulted with the Kizh nation on arch! 15` 20i1 to discuss potential impacts by the project on tribal cultural resources, if present. Based on that consultation, the City and the Kizh Nation agreed to the following measures should tribal cultural resources be uncovered during project grading and construction. Mitigation Measure No. 12 The project developer shall retain a Native American Monitor of Gabrieleno Ancestry to conduct a Native American Sensitivity Training for construction personnel prior to commencement of any excavation activities. The training session shall include a handout and focus on how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered, the duties of the Native American Monitor of Gabrieleno Ancestry and the general steps the Monitor would follow in conducting a salvage investigation Mitigation Measure No. 13 The project developer shall retain a Native American Monitor of Gabrieleno Ancestry to be on -site during all project -related, ground - disturbing construction activities (e.g., pavement removal, auguring, boring, grading, excavation, potholing, trenching, grubbing, and weed abatement) of soils to a maximum depth of 10 feet below ground surface. Legacy Sunflower Apartments Page 102 Mitigated Negative Declaration —March 14, 2019 751-188 Mitigation Measure No. 14 A qualified archaeologist and a Native American Monitor of Gabrielefio Ancestry shall evaluate all archaeological resources unearthed by project construction activities. If the resources are Native American in origin, the Tribe shall coordinate with the developer regarding treatment and curation of these resources. Typically, the Tribe would request reburial or preservation for educational purposes. If archaeological features are discovered, the archaeologist shall report such findings to the City of Fountain Valley Planning and Building Director. If the archaeological resources are found to be significant, the archaeologist shall determine the appropriate actions, in cooperation with the City that shall be taken for exploration and/or salvage in compliance with CEQA Guidelines Section 15064.5 (f). Implementation of the recommended mitigation measures would reduce potential tribal cultural resource impacts to less than significant. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. No Impact. As discussed in Section XVII. a) above, the project would not have any Impacts to any known or suspected Native American cultural resources. XIX. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment, or storm water drainage, electric power, natural gas, or telecommunication facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. The project would connect to the existing 12" water main that extends under the existing sidewalk along the north side of Sunflower Avenue adjacent to the site. This existing 12" water line has capacity to provide the required water supply and fire flow for the project without the need to construct new water supply facilities or expand existing facilities. There is an existing 78" sewer line in Sunflower Avenue adjacent to the site. The project proposes to construct a new 8" sewer lateral in the southwest area of the site to connect with the existing 78" sewer line in Sunflower Avenue. The proposed on -site 8" sewer lateral would collect all on -site wastewater and discharge the wastewater to the existing 78" sewer in Sunflower. The existing 78" sewer line has adequate capacity to serve the project. The Orange County Sanitation District has adequate capacity treat the wastewater generated by the project without the need to construct new or expand existing wastewater treatment facilities. Existing electricity, natural gas and telecommunications facilities are located in Sunflower Avenue adjacent to the site and currently serve the existing church. The utilities would have to be upgraded in order to adequately serve the project. All required utility upgrades would be completed within existing easements and none of the existing utilities would have to be relocated or upgraded that could result in significant environmental impacts. The project would have less than significant impact to existing water, sewer and wastewater facilities, storm drain, electrical, natural gas and telecommunication facilities. Legacy Sunflower Apartments Mitigated Negative Declaration — March 14, 2019 Page 103 751-189 b) Have sufficient water supplies available to serve the project and reasonable foreseeable future development during normal, dry and multiple dry years? Less Than Significant Impact. The project is estimated to consume approximately 33,900 gallons of water per day56. The City has an adequate water supply to meet the demand of the project without significantly impacting the local water supply. The project would have a less than significant impact on water supply. c) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact. The Orange County Sanitation Districts treats the wastewater that is generated from the site. The project is estimated to generate approximately 26,982 gallons' of wastewater per day based on 226 units. The wastewater generated by the project would be required to meet all wastewater treatment requirements of the Regional Water Quality Control Board and the Orange County Sanitation Districts before a wastewater discharge permit would be issued. The receipt of a wastewater discharge permit by the project applicant would ensure the project meets or exceeds the wastewater treatment requirements of the Regional Water Quality Control Board. The proposed project would not exceed the wastewater treatment requirements of the Santa Ana Regional Water Quality Control Board. The project would have a less than significant impact on wastewater treatment requirements. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less Than Significant Impact. The construction of the project would generate various types of debris during project demolition and construction. Concrete and asphalt that is removed from the site during demolition can either be ground and reused on the site as base material for driveways or sold to a recycler. Other types of debris such as rocks, metal, wood, etc. that cannot be recycled would be hauled to a County landfill. Once operational, the project is estimated to generate approximately 204 pounds per day58 of solid waste for the residential use. The City contracts with the Waste Management of Orange County in Santa Ana to collect and dispose of the City's solid waste. The solid waste is disposed of at the Frank R. Bowerman Landfill located in Irvine and Olinda Alpha Landfill located in Brea, which are operated by the Orange County Integrated Waste Management Department (OCIWMD). The Frank R. Bowerman Landfill is a 725-acre landfill with a maximum daily permitting capacity of 8,500 tons per day and is expected to remain open until 2053. The Olinda Alpha Landfill is a 565-acre site and 420-acres are permitted for refuse disposal, with daily maximum permitted disposal capacity of 8,000 tons. The City of Santa Ana has a Source Reduction and Recycling Element (SRRE) to recycle, compost, special waste disposal, and provide public information programs. The City presently diverts approximately 60 percent of the solid waste generated. As required by Assembly Bill 939 (AB 939) and the City's SRRE, the solid waste generated by the project would be recycled and the materials that cannot be recycled would be hauled to either the Frank R. Bowerman landfill or the Olinda Alpha Landfill in Brea. The city's waste hauler would actively recycle the solid waste generated by the project to reduce the amount of solid waste that would ultimately be hauled to the two area landfills. The project would not generate a quantity of solid waste 56 55 gallons/person/day (Municipal Water District of Orange County 2015 Urban Water Management Plan target) x 2.24 persons/unit (one-half of State Department of Finance — Table 2; E-5, average person/household, January 1, 2018) x 226 units = 27,843 57 7516 gallons/acre/day x 3.59 acres = 26,982 gallons/day. Orange County Sanitation Districts, January 24, 2019. g hitn-/A. n , ralrPrvrla ra nnv/ Doeirlanfinl _ A nnun,id,lad, i�i� Legacy Sunflower Apartments Mitigated Negative Declaration — March 14, 2019 Page 104 751-190 that would significantly impact the life expectancy of either landfill that would serve the project. The project would not have any significant solid waste impacts. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? No Impact. The City of Santa Ana complies with all federal, state, and local statutes and regulations related to solid waste. The proposed project would not have any solid waste impacts because all development in Santa Ana is required to comply would all applicable solid waste statues and regulations and large quantities of solid waste would not be generated. XX. WILDFIRE: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? No Impact. Based on review of the Very High Fire Hazard Severity Zones in Local Responsibility Areas and State and Federal Responsibility Areas map, the City of Santa Ana is not located within a Very High Fire Hazard Severity Zone.59 Furthermore, a review of the Fire Hazard Severity Zones in State Responsibility Areas map, the City of Santa Ana is not located in a Moderate, High or Very High fire hazard zone.60 The closest Moderate, High or Very High fire hazard zone to the project site is the open space that extends along the south side of University Drive from Culver Drive east to Ridgeline Drive in the City of Irvine and approximately four miles southeast of the project. The project would not impair or impact any emergency response or emergency evacuation plan associated with an emergency response to a fire in this specific Very High fire hazard zone or any other designated local, state or Federal fire hazard zone in Orange County. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? No Impact. As discussed in section "XIX. a)" above, the project is not in a Moderate, High or Very High fire hazard zone and the closest designated fire hazard zone is approximately four miles southeast of the project. The project site and surrounding properties are generally flat with no significant topographic relief and expose project occupants to wildfire risks. Santa Ana winds could expose project occupants to smoke and other pollutants associated with wildfires located east of the city. However, that exposure would not be site specific because much of the city and general geographic area would be exposed and not the project specifically. The project would not expose project occupants to pollutant concentrations from a wildfire due to slope, prevailing winds or other factors. c) Reguire the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact. The project would be required to install fire sprinklers as required by the CBC. However, the project would not be required to install and maintain any roads, fuel breaks, emergency water sources, power lines or other utilities to protect the project and the immediate area from a wildfire because the project is not located in a Moderate, High or Very High fire hazard zone. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result or runoff, post -fire slope instability, or drainage changes? No Impact. As discussed in XIX "a" above, the project is not located within a Moderate, High or Very High fire hazard zone. As also discussed in XIX "b" above, the project site and surrounding properties are 59 http://frap.flre.ca.gov/webdata/maps/orange/fhszLmap.30.pdf 60 http://frap.flre.ca.gov/webdata/maps/orange/fhszs_map.30.pdf _ Legacy Sunflower Apartments Page 105 Mitigated Negative Declaration — March 14, 2019 751-191 generally flat with no significant topographic relief that would expose structures or project occupants to significant risks due to downslope or downstream flooding or landslides. Because the project is not located in a fire hazard zone or downstream of any hillsides of areas of topographic relief the project would not expose either project residents or proposed structures to significant risks due to downstream or downstream flooding or landslides due to post -fire slope instabilities. XXI. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? No Impact. The project site is developed with a church and surface parking lot. The existing vegetation on the site consists of introduced non-native landscape plant species. There are no important plants or wildlife on the site that would be impacted by the project. Similarly, there are no examples of California history or prehistory on the site or suspected to be found on the site that would be impacted by the project. The project would not impact biological or historical resources. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less Than Significant Impact. The cities of Santa Ana and Costa Mesa have identified projects that, along with the proposed project, could have cumulative impacts. The identified cumulative projects within each city are shown in Table 30. An aerial photograph showing the location of the cumulative projects is provided in Figure 20. Table 30 Cumulative Projects" No. Cumulative Project Location/Address Description City of Santa Ana Development 1. Legado at the MET 200 E First American Way 278 DU Apartments 2. South Coast Speedwash 2402 S Bristol Street 118.048 TSF Carwash/retail 3. Shea Homes 2001 W MacArthur Boulevard 42 DU Single-family residential 4 Tapestry by Hilton and Restaurant 1580 E Warner Avenue 142 Room, 6-story Hotel 6.000 TSF Restaurant 1,221 DU Apartments 5. The Heritage 2001 E Dyer Road 12.675 TSF Retail 5.415 TSF Restaurant 56.000 TSF Office 6. Metro Town Square Expansion 3719 S Plaza Drive 6.000 TSF Retail/Restaurant b' Source: City of Santa Ana and City of Costa Mesa Planning Department staff. Legacy Sunflower Apartments Page 106 Mitigated Negative Declaration —March 14, 2019 751-192 City of Costa Mesa Development 7. Avenue of the Arts Hotel 3350 Avenue of the Arts 150 Room Hote162 8. 580 Anton Boulevard 580 Anton Boulevard 250 DU Apartment 393 DU Apartment4,104 SF 9. Symphony Apartments 585-595 Anton Boulevard 10. Lucene 929 Baker Street 56 DU Single Family Detached it. The Edge 789 & 795 Paularino Avenue 19 DU Single Family Detached 62 DU Apartment 5.230 TSF Retail 5.315 TSF Restaurant/Food 12. The Plant 2972 Century Place stalls 8.934 TSF Office/Live-work office 13 1957 Newport Blvd 1957 Newport Boulevard 38 DU Condominiums Condominiums 14. 2277 Harbor Blvd Apartments 2277 Harbor Boulevard 224 DU Apartment Phase 1: 344,661 SF Office 5,207 SF Shopping Center Drinking Place 15. The Press 1375 Sunflower Avenue 168 SF High -turnover 3S 16, 1 restaurant 5,808 SF Fast-food restaurant without drive-thru 16. Industrial Building 1585 MacArthur Boulevard 98.807 TSF Industrial Cumulative projects Include local development as well as general growth within the project area. However, as with most development, the greatest source of air emissions is from mobile sources, which travel well out of the local area. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local projects and when wind patterns are taken into account, air emissions would cover an even larger area. Therefore, the analysis for the project's cumulative air quality impacts must be generic by nature. The project area is out of attainment for ozone and suspended particulates (PM10 and PM2.5). Construction and operation of cumulative projects would further degrade the local air quality, as well as the air quality of the South Coast Air Basin. The greatest cumulative impact on the quality of the air in the region would be the incremental addition of pollutants mainly from increased traffic volumes from cumulative development, including residential, commercial, and industrial, and the operation of heavy equipment and trucks associated with the construction of these projects. Air quality would be temporarily degraded during construction activities of the cumulative projects that occur separately or simultaneously. However, in accordance with the SCAQMD methodology, projects that do not exceed the SCAQMD criteria or can be mitigated to less than criteria levels are not significant and do not contribute to the overall cumulative air quality Impact. With respect to long-term emissions, this project would create a less than significant cumulative impact. 62 According to the Addendum to the Wyndham Bo0que HotetlHigh-Rise Residential Project Final Environmental Impact Report No. 1054 (SCH No. 2007011125), the previously approved project included the construction of a 238-room hotel, and the proposed project includes the expansion of the hotel to include an additional 150-rooms. Therefore, the net additional 150-room hotel was analyzed under the cumulative background traffic setting in this report. Legacy Sunflower Apartments Mitigated Negative Declaration —March 14, 2019 Page 107 751-193 The proposed 226 residential units would not have any individual or cumulative noise or traffic impacts. The proposed 226 residential units would not have any significant individual or cumulative impacts associated with aesthetics, hydrology, soils and geology, land use, public services or utilities that along with the development of the Identified cumulative project in Table 16 would result in any significant cumulative impacts. c) Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. There are no impacts associated with the project that would cause substantial adverse effects and significantly impact human beings either directly or indirectly. Legacy Sunflower Apartments Page 109 Mitigated Negative Declaration —March 14, 2019 751-195 MITIGATED NEGATIVE DECLARATION Mitigation Monitoring and Reporting Plan SUNFLOWER LEGACY APARTMENTS Lead Agency: City of Santa Ana Planning and Building Agency 20 Civic Center Plaza Santa Ana, CA 92701 (714)667-2713 Project Proponent: Legacy Partners 5141 California Avenue, Suite 100 Irvine, CA 92617 (949)-930-7700 Environmental Consultant: Phil Martin & Associates 4860 Irvine Boulevard, Suite 203 Irvine, California 92620 (949)454-1800 April 10, 2019 751-196 1.0 MITIGATION MONITORING AND REPORTING PLAN 1.1 Introduction This is the Mitigation Monitoring and Reporting Plan (MMRP) for the Sunflower Legacy Apartments project. It has been prepared pursuant to the requirements of Public Resources Code §21081.6 which, among other things, states that when a governmental agency adopts or certifies a CEQA document that contains the environmental review of a proposed project, 'The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation." The City of Santa Ana is the lead agency for the project, and is therefore, responsible for administering and implementing the MMRP. The decision -makers must define specific reporting and/or monitoring requirements to be enforced during project implementation prior to final approval of the proposed project. 1.2 Project Overview The project applicant proposes to demolish the existing Sound Church at 651 Sunflower Avenue and construct 226 apartments in a five -story building and a six level parking structure on a on a 3.59-acre site. The parking structure includes one level of subterranean parking and five levels above ground and is proposed for the middle of the site along the northern project boundary. The five -story apartment building would be wrapped around the five level parking structure on three sides. The apartment building and the parking structure would front Sunflower Avenue. The project includes a central outdoor courtyard with a swimming pool and spa, outdoor furniture, bar-b-ques, outdoor yoga and fitness court and restrooms at the apartment building on the west side of the site. A central fitness center, clubroom and business center/conference room, mailroom, parcel room, bike storage area and apartment leasing area are proposed for the westerly apartment building. The project includes studio, one -and two -bedroom apartments ranging in average size of 612 square feet for the studio apartments, 670 square feet for the one -bedroom apartments and 1,105 square feet for the two -bedroom apartments. The apartment building would be 75 feet in height to the top of roof and the parking structure would be 70 feet in height. The project proposes 452 parking spaces, including 10 subterranean parking spaces and handicap spaces. Four bicycle parking spaces are proposed. A total of 227 storage units are proposed for all five levels in the parking structure, including 20 storage units in the subterranean parking level, for use by the residents. Landscaping is proposed within the required setbacks along all sides of the site. The existing student drop-off area for Taft Elementary school is adjacent to and north of the site and would remain with the project. An emergency vehicle access route is proposed along the north project boundary for emergency vehicle access from both the west and east sides of the site at Sunflower Avenue. The project is scheduled to be constructed in two phases. Project construction would start in the first quarter of 2020 and the first phase completed in October 2021. The second phase is scheduled to be completed in December 2021 or early 2022. The project proposes Modern architecture. Sunflower Legacy Apartments — Mitigated Negative Declaration Mitigation Monitoring and Reporting Plan April 10, 2019 Page 1 751-197 1.3 Monitoring and Reporting Procedures This MMRP includes the following information: (1) mitigation measures that will either eliminate or lessen the potential impact from the project; (2) the monitoring milestone or phase during which the measure should be complied with or carried out; (3) the enforcement agency responsible for monitoring mitigation measure compliance; and (4) the initials of the person verifying the mitigation measure was completed and the date of verification. The MMRP will be in place through all phases of a project including project design (preconstruction), project approval, project construction, and operation (both prior to and post - occupancy). The City will ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems. Each mitigation measure is listed and categorized by impact area, with an accompanying discussion of: • The phase of the project during which the measure should be monitored; ❑ Project review and prior to project approval ❑ During grading or building plan check review and prior to issuance of a grading or building permit ❑ On -going during construction ❑ Throughout the life of the project • The enforcement agency; and • The initials of the person verifying completion of the mitigation measure and date. The MMP is provided as Table 1 (Mitigation and Monitoring Reporting Program). 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C (0 � C U) 0) c N L C W O.w Nt.=iO C O y «� a rnE =z 751-204 EXHIBIT 3 LS 6.4.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2019-01 FOR THE PROPERTY LOCATED AT 651 WEST SUNFLOWER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Article 5 of Chapter 3 of Division 1 of Title 7 (commencing with Section 65300) of the Government Code requires the City to prepare and adopt a comprehensive, long-term general plan for the physical development of the City. B. On February 2, 1998, the City of Santa Ana adopted the Land Use Element of the General Plan, which has since been amended from time to time. C. Legacy Partners (Applicant) is requesting approval of General Plan Amendment No. 2019-01 to amend the General Plan land use designation of the property located at 651 West Sunflower Avenue from Low -Density Residential (LR) to Urban Neighborhood (UN) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate the construction of a 226-unit multiple -family residential community on the 3.59- acre property. D. On January 2, 2019, pursuant to Senate Bill 18, the City mailed consultation letters to all tribes listed on the Native American Heritage Commission (NAHC) Tribal Consultation List. The consultation period has since concluded. E. On April 22, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. The public hearing was opened, public testimony was taken, and the public hearing was continued to May 13, 2019, F. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving General Plan Amendment No. 2019-01. G. On June 4, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2019-01, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. H. General Plan Amendment No. 2019-01 has been filed to amend the General - Plan to change the land use designation of the property at 651 West Sunflower Avenue from Low -Density Residential (LR) to Urban 751-205 Neighborhood (UN). Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-75 and Mitigation Monitoring and Reporting Program, prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2018- 75 meets all the requirements of CEQA. Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has adopted a General Plan. B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons. The existing General Plan land use designations for the project site at 651 West Sunflower Avenue is Low -Density Residential (LR), which allows single-family homes at a density up to seven (7) units per acre. In order to facilitate the construction of a 226-unit multiple -family residential community with a floor area ratio of 1.81, the land use designation needs to be changed to Urban Neighborhood (UN), which allows for a mix of residential uses and housing types, such as low- to mid -rise multiple family, townhouses, single family dwellings; with some opportunities for live -work, neighborhood serving retail and service, public space and use, and other amenities with a floor area ratio (FAR) of 0.5 to 3.0. 2. The proposed community at 651 West Sunflower Avenue supports several goals and policies of the General Plan. The project is consistent with: Housing Element Goal 2, to create diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. The project will pay approximately $2,813,475 in in -lieu fees pursuant to Santa Ana Municipal Code Section 41- 1904 to provide additional funds for future affordable housing projects, which supports Housing Element Goal 3: Increased opportunities for low and moderate income individuals and families to find quality housing opportunities and afford a greater choice of rental or homeownership opportunities. Further, the project is consistent with several Housing Element policies; Policy HE-2.3 to encourage construction of rental housing for the city's residents and workforce; and Policy HE- 751-206 3.4 to support the provision of employment training, childcare services, rental assistance, youth services, and other community services that enable households to attain the greatest level of self-sufficiency and independence. H. Land Use (LU) Element Goal 1, to promote a balance of land uses to address basic community needs. The project is consistent with LU policies 1.2, to maintain and foster a variety of residential land uses in the City; LU policies 4.3 and 4.4, to support land uses which provide community and regional economic and service benefits and that promote the City's image as a regional activity center; and LU policies 5.5 and 5.7, to encourage development that is compatible with and supportive of surrounding land uses and that does not exceed available infrastructure capacity. lii. Land Use (LU) Element Goal 6, to reduce residential overcrowding. The project is in close proximity to major transit corridors on Sunflower Avenue and Main and Bristol streets, as well as the San Diego (1-405) and Costa Mesa (SR-55) freeways. The project site is located in an area with high development intensities near the Bristol Street commercial and office corridor in Santa Ana and near a large employment center across Sunflower Avenue in the City of Costa Mesa. The multiple -family residential development will complement the mid -rise residential communities and high-rise office towers nearby and supports an already -thriving mixed use portion of the City of Santa Ana. iv. Urban Design (UD) Element, Goal 1, to improve the physical appearance of the City through development of districts that project a sense of place, positive community Image, and quality environment. The project is consistent with LID policies 1.1 and 1.11, having been designed with high -quality design, materials, finishes, and construction, and integration with visual and physical links among districts, nodes, significant sites, landmarks, and other points of interest. The project will maintain and enhance an existing plaza to the southwest of the project site and will retain a public art installation already in place. The project has been designed with an enduring, contemporary architectural style that complements the existing developments in the vicinity while reducing aesthetic and physical impacts to surrounding land uses. The project site is located on a major arterial roadway and is adjacent to gateways into the City at Main Street/Sunflower Avenue and Bristol StreettSunflower Avenue, adjacent to the cities of Costa Mesa and Irvine. The City Council has weighed and balanced the General Plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2019-01 is consistent with the purpose of 751-207 the General Plan. The proposed General Plan Amendment will not adversely affect the public health, safety, and welfare in that the General Plan Amendment will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2019-01. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein, subject to the Mitigation Monitoring and Reporting Program (MMRP), and upon satisfaction of the conditions set forth in Section 5 below. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 4, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2019-01) to rezone the property from Single -Family Residential (R- 1) to Specific Development (SD) No. 94 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 7. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. 751-208 ADOPTED this 4t" day of June 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisd Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana 751-209 City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatled January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council Febn ary 2, 1998 (GPA 1997- 05): GPA 2014-02(Oclober 21.2014) GPA 2006-01(October2,2006) GPA 2001-03(February 19, GPA 201401(Joe d 2014) GPA 2005-01(December S. 2005) GPA 2001-02(Jaouoy 7,r GPA2011-03(March 19, 2012) GPA 2ODS-02(OcIDber 17,2005) GPA 2DOO-09(May 7, 2001) GPA 2011-02(Joe 6, 2011) GPA20MI(Aol 5. 2005, es passed by GPA 200D408(February 5,2 GPA 201MI(June 7,2010) the valms of Santa Ana) GPA 200"3 (December 4, GPA 200842(Juh 20, 2009) GPA 200404(July 19, 2004) GPA 20DO02(Noveraber 2f GPA 2007-03 (May 16, 2009) GPA 2004-06 (July 6, 2004) GPA 199902 (October 18,1 GPA 200801(Mal 5, 2008) GPA 2003-02 (June 16, 2003) GPA 19MI (August 16, 1! GPA2004-03 (February 2, 2009) GPA 2003-01(February 18, 2003) GPA 19WU (October 5,15 GPA20D7-02(Joe 18, 2007) GPA 2002-01(September 3, 2002) GPA 19M5(Septembar2 GPA20D7.01(March 1% 2007) GPA 2002-03(August 19,2002) CPA 19mi(May 4,1998) 751-210 LAND USE ELEMENT areas. To encourage a dynamic mixture of residential, office and commercial uses, within these areas both building intensity and residential density is based on floor area ratio and zoning development standards. In calculating either the allowable floor area or the allowable residential density, it is the City's policy to not allow upward rounding. The Land Use Plan is illustrated in Exhibit 2. Additional information concerning the Land Use Plan and the land use designations is provided in Table 1 (Land Use Development Intensity Standards), and in the Appendix. Table 1 Development Intensity Standards Land Use Designation Low Density Residential (LR-7) Low -Medium Density Residential (LMR-11) Medium Density Residential (MR-15) District Centel lDCl etc.) Heritage District Center Downtown District Center Metro East District Center Transit Village District Center _ Harbor Corridor District Center Urban Neighborhood Transit Zoning Code Area/ Senerstrom, First Afth 61P Conidt Harbor Corridor Metro East Professional and Administrative Office (PAO) General Commercial (GC) One Broadway Plaza District Center (OBPDC) f Industrial (IND) i Institutional (INS) Open Space (0) Density/Intensity Standards (dulacre - FAR)' 1.0-2.0 FAR 1.7 FAR 3.0 FAR 3.0 FAR 0.75.1.5 FAR 0.5.1.0 FAR 0.5-1.0 FAR 2.9 FAR 0.45 FAR 0.5 FAR 0.2 Notes: ' The intensity standards shown refer to the theoretical maximum amount of development permitted for each land use designation (du -dwelling units: FAR -floor area ratio). Development must also adhere to zoning regulations, and/or specific plan requirements. The District Center and Urban Neighborhood land use designations permit both residential and non-residential development. ] Commercial intensities may vary. Baseline FAR is 0.5, Speck areas allowing greater intensities are Indicated in Exhibit A-3. ' One Broadway Plaza District Center land use designation permits office, restaurant and ancillary retail for a master planned development. *Refer to Appendix for description of Land Use designations. CITY OF SANTA ANA GENERAL PLAN 751-211 )!\! E - | !F )f}tz§yf#\�) e { / ) �. � 0 j\ \ 751- 12 LAND USE ELEMENT LAND USE PLAN IMPLEMENTATION To effectively achieve the broad range of goals outlined for the City's future growth and development, a variety of plans, programs, and regulations must be relied upon. This section of the Element discusses these tools, and how they correlate with implementation of the City's land use goals. DEVELOPMENT INTENSITY STANDARDS Table A- t summarizes the development intensity standard for each of the General Plan designations, and provides land use distribution by acreage for the land use. The intensity standards for the categories permitting residential development are expressed in density, measured in "units per acre,' or Floor area ratio and zoning development standards in the case of certain Mixed Use land use designations. The intensity standards for non-residential development are expressed as "floor area ratio' or FAR. The FAR concept is illustrated in Exhibit A-3. The intensity standards in concert with the zoning and development standards regulate the massing, form and building size. Table A-1 Development IntensRv Standards Lead Use DesignationsResidential Land Use Low Density 7 du/acre -Medium Deraft 11 dtdacm _low Medium Densitlj 15 dulacre DesignationsMiked Use Land Use District Center Other District Centers (Midtown, etc.) 90 du/acre and FAR 1.0.2.0 Heritage District Center_ __ Di FAR 1.7 FAR 3.0 Downtown District Center Metro East District Center FAR 3.0 _ Transit Yee District Center FAR 5.0 _ _ Harbor Corridor District Center FAR 5.0 Urban Neighborhood Transit ZoningCode Area/ ,y Se e� rst�om First, Filth d 1r Skeet -Corridor FAR 0.5- -,80 Harbor Cwn* FAR 3.0 Metro East I FAR 0.75.1.5 DesignationsCommercial Land Use ProbselonallAdmin. Office FAR 0.5-1.0 General Commercial FAR 0.5-1.0 One B Plm Disaiet Center- FAR 2.9 Designationsjindustrial Land Use Industrial FAR 0.45 Designationsfier.Land Use IltstWtlon� FAR 0.5 Open Space FAR 0.2 NOW du - dwWg unit FAR • floor art rate • Residential develowert is riot a penrnted use. CITY OF SAWA ANA GENERAL PLAN A-11 751-213 ..:: [a�� w R f ® 7) § : \ { %E,E! \\\\\\\ /�/ k ,. §>« 2 ! !i�!',- c ƒ ! R f � 751- 14 LAND USE ELEMENT Residenfiol The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: A-20 The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (645+6- 6.451.0 acres) representing 47 percent of the City's total land area. The Low -Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to I 1 units per acre. The land area included in this designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 362.3 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CITY OF SANTA ANA GENERAL PLAN 751-215 LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.0; with residential density based on a combination of floor area ratio and zoning development standards. A total of313.1 317.0 acres of land in the City are designated Urban Neighborhood. Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,152.8 acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: Light and heavy product manufacturing and assembly. • Commercial uses which are ancillary to industrial uses in the district Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 800.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,010.9 acres are included in this land use designation. Of this total, 358 acres of public park land is included in this land use designation. CITY OF SANTA ANA GENERAL PLAN A-25 751-216 LAND USE ELEMENT interagency Development Review Committee (DRC) to ensure consistent and comprehensive application of City regulations and policies for all projects. Redevelopment Plans. The City will apply redevelopment tools associated with the implementation of the adopted redevelopment plans, as appropriate. The City will encourage the further development of industrial, commercial, and residential projects in suitable locations to strengthen the City's tax and employment base. Special Studies. In certain instances, a special study may be required to address a particular issue. In these cases, a specific effort to identify staff resources needed to conduct the appropriate investigation and analysis will be identified. Zoning Code Review. The zoning code serves as a primary tool used by the City to regulate development. The City will develop a program to revise the Zoning Ordinance to ensure that development regulations and standards are consistent with community needs and high quality development. The City will initiate appropriate changes to the ordinance to ensure, where appropriate, conformity between the Land Use Element and Zoning Map. LAND USE PLAN BUILDOUT As indicated previously, the City of Santa Ana has been almost completely developed for many years. As a result, any new development will necessarily consist of redevelopment and infill development on the remaining vacant and underutilized parcels. Many parcels with nonresidential land use designations will never be developed to the maximum intensity permitted under the General Plan. Table A-4 indicates the development possible under the build -out of the Land Use Plan. The build -out for residential land uses considered two scenarios. Effective build -out for residential development is calculated by adding the 2l, 256 21.482 units possible in the areas designated as District Center and Urban Neighborhood to the existing 74,588 units presently found in the City perCensus 2000. Theoretical build -out for residential development considered the development possible if all ofthe areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination ofexisting housing in the Cit y the effective build -out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, three of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build -out considered the development possible under the lower range of FAR intensities while theoretical build -out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less Floor area A-34 CITY OF SANTA ANA GENERAL PLAN 751-217 [n_219XIAi4lTli:iIt for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 76-,499-76a699 to 95,54396 069 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout scenario are a reflection of the higher density multiple -family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless ofthe character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4, up to 32,257,051 square feet of commercial and office development, and 42,199,991 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. CITY OF SANTA ANA GENERAL PLAN A35 751-218 Land Use LAND USE ELEMENT Table A-4 Use Plan Build -out Capacities Intenalyl EdaOveBulldout' Theoretical Gena1N I Bulldout Low Density Residential LP-7 '6 7 dWao Low Medium Density Residential LMR-11 4206.11 dahac Medium Density Residential MR-15 1 362.3 150* Subtotal District Center Other' Heritage Downtown Metro East Transit Village Harbor Corridor Urban Neighborhood Subtotal DO 309.5 90 du ho FAR 1.0.2.0 DC 19.9 PAR 1.7 DC 62.5 FAR&0 DC 113.9 FAR 0.75.3.0 DC 51.4 FAR 5.0 DC 125.0 FAR5.0 U9 � -98.1 flea c Mill ,7.0 Professional 5 Admin. Office PAO General Commercial OCR One Broadway Plaza District Ctrs ITW-1 Subtotal j 4,627 du 5,435 du 1,955,50 if &M7 du 23_,7-64,5-34 ed�— —3,(17 du 54,090 a 1R21 dv 54,000 a 1,22f Al 2,057,924 C I,N1de 2,057,821 1a 661 du 2.464,776 e1 9A97 dlf 2,41 e . 5.W du 4 re,964 a 2,781 du 402,864 a' Z761 du 1,935,155a 2X9du 1,936,tsser 2,1129du 1,656,955 a it 111 a5 Ai 1,656,955 a:, ll Au 0,42 ?all IM491I 92iW.1Nall FAR 0.5.1.0 13,011115,424 a''.. FAR 0.5.1.0 19,9 knit at FAR2.9 5,113,111113111111 26,170,848 st 37,256,868 st 543,193 sf 63,970,909 at Industrial MID 2,152.8 fAR 0.45 42,199,991 sf 42.199,991 sf Institutional INS 800.6 FAR 0.2-0.5 6,974,740 sf 17,436,850 st Open Space OS 1,010.9 FAR 0.2 8,806,961 sf 8,806,961 st Subtotal 1,811.5 15,781,701 of 25,243,111 it FAR -floor area ratio, d.u.=dwelling unit , s.I =square feet (of door area). Acreage shown in table does not include roads in right-ol-way. 1 Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown Distinct Center Hentage District Center, and Urban Neighborhood areas. The Harbor Comdor District Center, Metro East District Center, Transit Village District Center, Downtown District Carder, and Urban Neighborhood areas allow a range of intensity lot mcdure of residential and non-residental development based on the toning development standards. Residential effective capacity was calculated by adding the 21 481 411-;25-iunlls possible In the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) lousing units. land use designation permits both residential and non-residential development. Budd -out assumes 90%of land area will be dweloped as commercial and 10% win be developed as residential, with the exception of Town and Country Manor project Intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond wish the GIS Land Use Map illustrated in Exhibit 2. CITI' OISAIJLA �,rV, GLI IrPAL PIN'J 751-219 751-220 EXHIBIT 4 6.4.19 LS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-01 REZONING THE PROPERTY LOCATED AT 651 WEST SUNFLOWER AVENUE FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO SPECIFIC DEVELOPMENT NO. 94 (SD-94) (AA NO. 2019-01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 94 (SD-94) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Amendment Application No. 2019-01 has been filed with the City of Santa Ana to change the zoning designation of the parcel located at 651 West Sunflower Avenue from Single -Family Residence (R-1) to Specific Development No. 94 (SD-94) zoning designation described in Exhibit A. General Plan Amendment No. 2019-01 was filed concurrently with the Amendment Application for consistency with the General Plan. B. The zoning designation of the Specific Development No. 94 (SD-94) would facilitate the development of a 226-unit multiple -family residential community with private community space and supportive service offices and bring the rezoned property into consistency with the General Plan land use designation of Urban Neighborhood (UN). C. On April 22, 2019, the Planning Commission held a duly noticed public hearing. The public hearing was opened, public testimony was taken, and the public hearing was continued to May 13, 2019. D. On May 13, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-01 which is consistent with the General Plan, as amended by General Plan Amendment No. 2019-01. E. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the General Plan. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on June 4, 2019. Ordinance No. NS-XXXX Page 1 of 6 751-221 G. The City Council also adopts as findings all facts presented in the Request for Council Action dated June 4, 2019 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2019- 01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council of the City of Santa Ana hereby adopts an ordinance rezoning the real property located at 651 West Sunflower Avenue from Single -Family Residence (R-1) to Specific Development No. 94 (SD-94), (AA No. 2019-01). Amended Sectional District Map number 36-5-10 showing the above described change in use district designation, is hereby attached hereto as Exhibit B and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to; the Request for Council Action dated June 4, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-75 and Mitigation Monitoring and Reporting Program, prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2018- 75 meets all the requirements of CEQA. Section 4. This ordinance shall not be effective unless and until Resolution No. 2019- (Environmental Review No. 2018-75 and General Plan Amendment No. 2019-01)and Ordinance No. 2019- (Amendment Application No. 2019-01) are adopted and become effective. If either resolution and/or ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. ' Ordinance No. NS-XXXX Page 2 of 6 751-222 Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this _ day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho City (Attttorney By:L Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 3 of 6 751-223 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 4 of 6 751-224 SPECIFIC DEVELOPMENT PLAN NO. 94 Legacy Partners 651 Sunflower Apartments ("Legacy Sunflower") SECTION 1- APPLICABILITY OF ORDINANCE The Specific Development zoning district No. 94 (SD-94) for the Legacy Partners 651 Sunflower Apartments project is authorized by Chapter 41, Division 26 Section 41-593 et seq. of the Santa Ana Municipal Code. SD No. 94 contains the specific standards and regulations contained in the residential district, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapter, articles, and sections of the Santa Ana Municipal Code are in effect unless expressly superseded by regulations contained in this ordinance. SECTION 2- PURPOSE The Specific Development Plan No. 94 for the Legacy Partners 651 Sunflower Apartments project consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of property. The Legacy Partners 651 Sunflower Apartments project Specific Plan Development Plan No. 94 (SD-94) sets forth the development and design criteria for a development consisting of approximately 3.59 acres. The purpose of this specific development plan is to permit flexibility in site planning and design to respond to market conditions while assuring high quality development SD No. 94 specifically establishes for the property the following: • Permitted Uses • Development Standards, including building heights limits, required setbacks, parking requirements, landscaping provisions and enforcement policies. • Publicly accessible plaza requirements • Maximum development intensity Objectives The objectives of the Legacy Partners 651 Sunflower project specific development plan include provision of the following: 1. Development of a multi -family residential project in an area that has a significant amount of office, commercial and retail uses within close proximity to the site via the Bristol and Main Street arterials. 2. Promotion of the City's image as providing high quality residential projects for individuals and families in all income groups. 3. A clean and safe environment for the City s residents, workers and visitors. Exhibit A Page 1 of 6 751-225 Specific Development No. 94 Legacy Sunflower 4. A visually harmonious development as viewed both internally and externally. 5. Flexibility in development in response to market conditions while achieving overall City and community goals. SECTION 3 - Uses permitted in Specific Development Plan No. 94 The following uses are permitted in SD-94 district: (a) One (1) Multiple -family development containing no more than 226 residential units, inclusive of any onsite manager unit(s) (b) Resident -serving, private amenities (e.g. leasing office, club room, fitness center, etc.) SECTION 4 - Uses subject to a conditional use permit in Specific Development No. 94 Not applicable SECTION 5 - Maximum permitted floor area ratio (FAR) The maximum authorized building intensity for the Legacy Partners 651 Sunflower Apartments project is a floor area ratio (FAR) of 1.81, including residential areas, community serving areas (e.g. leasing office, fitness center, club room, rooftop patios) and interior corridors exclusive of the parking structure. SECTION 6 - Minimum lot area in Specific Development No. 94 The developable lot for the project shall have a minimum lot area of 3.00 net acres. SECTION 7 - Minimum street frontage in Specific Development No. 94 The minimum street frontage on Sunflower Avenue shall be 550 feet. SECTION 8 - Building height in Specific Development No. 94. No structure shall exceed 75 feet in height, as measured from the lowest adjacent grade of a structure to the top of a structure. SECTION 9 - Development Standards in Specific Development No. 94. The Legacy Sunflower development shall be built as shown on the approved project plans as per Development Project No. 2018-19. The plans shall govern in the event there is a conflict between the SD with the project plans. In addition, the following standards are applicable to the project: Exhibit A Page 2 of 6 751-226 Specific Development No. 94 Legacy Sunflower (a) Setbacks. (1) A minimum setback of nine (9) feet shall be provided between the property line and buildings on Sunflower Avenue (2) A minimum setback of forty-three (43) feet shall be provided between the interior side property lines and buildings (3) A minimum setback of thirty-five (35) feet shall be provided between the rear property line and buildings (b) Parkine. The minimum off-street parking requirements for the project are as follows: Two (2) stalls per dwelling unit, inclusive of guest parking. (1) A parking management plan must be submitted to the City for review prior to permit issuance for any above -ground structures. The parking management plan must be approved prior to issuance of the project's certificate of occupancy. The parking management plan must detail how residential parking will be assigned, detail operations of any proposed onsite valet services, and contain best management practices to address any reallocations of onsite parking that maybe required. (c) Pedestrian Walkways and Open Space. The project will provide a minimum of 200 square feet per unit of private (per unit) open space and common - private open space on the development site. (d) Walls/Fences. (1) A solid block wall with a minimum height of seven (7) feet shall be constructed along the eastern interior property line adjacent to residential developments. The block wall shall be designed to contain a decorative cap, regularly -spaced decorative pilasters, and a decorative finish in accordance to the design provisions contained within the most recent version of the City's design guidelines. (2) A wrought iron or similar fence shall be constructed along the northern property line with necessary vehicular access points for elementary school drop-off. (3) A wrought iron or similar fence shall be constructed along a portion of the western property line adjacent to the storm drain channel. (4) Additional glass enclosures may be added to ground level patios along (1) Sunflower to mitigate sound and/or provide security and privacy. The maximum height of said patio walls, inclusive of opaque and transparent elements, is five (5) feet in height. (e) Landscapine. Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and Exhibit A Page 3 of 6 751-227 Specific Development No. 94 Legacy Sunflower installed as required in the approved plans. Final landscape plan design shall conform to the standards and guidelines contained within the most recent version of the City's design guidelines. The landscape plan shall include approximately 15 percent open space (courtyards, common area amenities, perimeter plaza and open space) within the project site including the club room, courtyards, rooftop decks.) The landscape plan shall contain planting details, irrigation plans, and hardscape, furniture, and lighting details. (f) Architecture and Design Features. (1) Exterior materials. Exterior materials and finishes for the project shall comply with the approved materials board submitted for the project during Building Division plan check. All trash enclosures and similar ancillary structures shall match the texture, material and color of the building. (2) Hardscape materials. Enhance paving materials shall be installed at the project main entrance and driveway entrances. The actual paving materials shall be approved by the Planning Division. (3) Lighting standards/fixtures. The light fixtures are to integrate design elements of the building and landscape architecture. Lighting is to be designed to confine the direct rays of the artificial lighting within the boundaries of the development. Specifications of light standards/fixtures and photometrics plan shall be submitted to Planning Division for approval. (g) Mechanical Equipment. Appurtenances and Conduits. All mechanical equipment and all supporting appurtenances and conduits shall be screened from view inside walls, behind parapets, or through a combination of landscape and hardscape materials. (h) Public Art. Public art shall be provided on the development site at a value of one-half percent (0.5%) of the building's valuation, inclusive of the residential and parking structure components. A public art plan shall be submitted to the City of Santa Ana Planning Division for review and approval prior to permit issuance for any above -ground construction on the project site. (i) Maintenance Agreement. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from Exhibit A Page 4 of 6 751-228 Specific Development No. 94 Legacy Sunflower the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms, shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions Exhibit A Page 5 of 6 751-229 Specific Development No. 94 Legacy Sunflower authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Exhibit A Page 6 of 6 751-230 RI 11 L R. mJONAV RI j RI E.R.L.. Y S&RRA OR RI - t«UxBiME W 2 b BRUAY RI V ERI R1 JVxPpa xv RI R1 2< R1 i. RI O REUER.v RI Q 7nwnnlr-- MlCZ-rCI!^TQ HAWEY.v RI c.R«Av 9 s�waA.n d c�ERaJw RI — R1 — q� fLUL EAV RI cunR.v 3 RI °x a RIBELLAW g g RI Rl xVxE.v AL ai RI 'V CS ACARTHURBLVD RlFRD Rl RD JUM®L.xV E I EP V LS E 0. i wax x 2 w R1FRD Pt f - g1iRD Z R W W lAR > ^ OMPHYAV AURgU J.0 RuA 14AWJ..v Fj^M1 a RIRW I -'`AR4' FELLER Av RI e RI RI ^ NOSEAv R1 ix.EELW R1 a RI Xep RI RI R ................................... —. Al GENERAL AGRICULTURAL CEM SOODI MAN STREET COMMERCIAL DST. R2 TWO-FAMLYRESDENCE -B PARKNGMODFICATION Cl COMMUNTY COMMERCIAL GC GOVERNMENT CENTER R3 MULTPLE.FAMLY RESIDENCE -OZ OVERLAY ZONE CWD C2 COMMUNITY COMMERCAL-MUSEUM DST. GENERAL COMMERCIAL Ml M2 LIGHTNDUSTRAL HEAVY NOUSTRIAL W RE SUBURSANAPARTMENT RESIDENTIAL ESTATE PRD PLANNEDRESDENTWL DEVELOPMENT CC PLANNED SHOPPING CENTER 0 OPENSPACE SD SPECFICDEVELOPMENT -HD2 HEDHTDSTRICTI C5 ARTERWLCOMMERCIAL P PROFESSIONAL SP SPECFCPLAN CR COMMERCIAL RESIDENTIAL RI SNGLE-FAMLYRESDENCE SECTIONAL DISTRICT MAP: 36-5-10 e CITY OF SANTA ANA, CAUFORNIA Exhibit: 751-231 751-232