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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />AUGUST 20, 2019 <br />TITLE: <br />ADOPT REIMBURSEMENT AGREEMENT <br />RESOLUTION FOR LAND USE <br />APPLICATIONS AND PROJECTS <br />(STRATEGIC PLAN NO. 3, 5A) <br />CITY MA'NAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1s' Reading <br />❑ Ordinance on 2ntl Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Adopt the proposed Resolution authorizing the City Manager to execute deposit/reimbursement <br />agreements with applicants and developers who propose land use and project applications, <br />requiring the City to engage third -party experts who are necessary to assist with CEQA, traffic, <br />legal or economic analysis in conjunction with processing applications through various stages. <br />DISCUSSION <br />The City of Santa Ana's Planning and Building Department processes numerous land use <br />applications requiring the City to engage subject -matter experts in a variety of areas of expertise. <br />City staff often requires an advance deposit from the applicant to cover City expenses incurred in <br />engaging various experts who assist with CEQA, traffic, legal or economic analysis in conjunction <br />with processing applications through various stages. <br />The City may also require an applicant, through the imposition of conditions of approval, to <br />defend and indemnify the City in the event of a challenge to a project approved by the City <br />Planning Commission or City Council. A formal deposit/reimbursement agreement is an <br />enforceable legal instrument the City can use to ensure it is reimbursed for expenses rather than <br />having the burden of the expenses fall upon the City and its General Fund. <br />Costs and expenses to be reimbursed generally include, but are not limited to: (i) consulting <br />services (if necessary) for the processing of any environmental review; (ii) reimbursement of <br />extraordinary staff time and any administrative costs (i.e. drafting applications and staff reports, <br />attendance at meetings, pre -planning work related to Project, etc.) related to the planning, review <br />and processing of the project where such exceed the costs reflected in ordinary application fees; <br />(iii) costs for legal services provided by staff or outside counsel; and (iv) other costs associated <br />with a particular project. <br />55G-1 <br />